The New York Herald Newspaper, January 12, 1873, Page 5

CRIMES EXPIATED. Execution of Two Black Fiends in Georgia. HANGED FOR RAPE. A Terrible Story of Brutal Out- rage by Negroes. THE CASE OF MRS. WILSON. A Night Attack and Barbarous Treat- ment of a Lonely Widow. An Unprotected Lady and Her Daughter in the Toils of Devils in Human Form. The Pursuit, Capture, Trial and Conviction. Last Hours of the Condemned Negroes Ste- phen Dunstan and Kinny Burns. Burns’ Confession of Guilt Just Before Execution. JEFFERSON, Jackson Co., Ga., Jan. 11, 1873. Again I have to chronicle the eniorcement of the extreme penalty of the law, in two cases, for the most atrocious of crimes known to modern civiliza- tion—the outraging of woman—and which are yet made more horrible by the fact that the criminals ‘were two negroes, and their victims two unprotected white females. This species of crime is becoming #0 flagrantly general among ths negroes of the Beuth that its suppression will soon necessitate more summary means than the slow and somewhat uncertain precess of jails, judges, juries, sheriffs and the gallows. It seems that the quiet and erder-loving citizens of this county have been subjected during the past year to a regular series of these crimes, which are gearcely paralicled in criminal annals, and mever in this section. There havo been committed, or attempted, with the usual accompa- mying horrors, no less than five such outrages by megroes upon the persons of white females in this county and in the neighboring county of Hall dur- ing the year 1872, In four cases the demons in human form who conceived the hellish designs succeeded in carrying them into execution, while the fifth was only frustrated by the extreme youth of his would-be victim, I have to-day to detail to the HERALD two of the most revolting and heart- rending incidents of the sort which could be con- ceived by the most morbid and wicked imagina- tion, but which, nevertheless, are real, genuine, unmistakable facts, that have been tested ina court Of justice by the rules of evidence, and for which two human beings were to-day launched into re- tributive eternity, CASE NO, 1. SUNN The scene of the first crime lies in the upper part ef this county, near the boundary of Hall county, bout one hundred yards from a temple of worship known as “Dry Ponds church,” where, in the imme- diate neighborhood of the sacred édifice, rude though it be, and in sight of the resting places of the dead, none but the most reckless and aban- d@oned heart could have devised, much less exe- uted, the crime which I am now about to relate. In this quiet and lonely spot lived Mrs. Wilson, a widow lady and her son, a boy ten years of age, who was quite small for his years. Mrs. Wilson is ® woman of about thirty-five, with dark hair, eyes of the same color, brunette complexion, of ® eomely, buxom figure, and by no means unprepossessing in appearance. She now seems weighed down by sorrow and affliction, though She still retains manifest traces of former charms, She is rather under the medium size, and from her dress and general demeanor would impress you as woman of respectable family and connections, which is the truth. With no other companion than her little son she lived alone in a house, which boasted of only one apartment, at the place above described, ‘THE CRIMINALS. ‘ About five o’clock on the evening of the 3d of August last, a few miles south of this place, Mr. Thomas Nunn, who is @ country storekeeper, was accosted by two country negroes, very decently clad, with packs on their backs, and manifestly equipped for a journey of some sort, with the inevitable red and yellow bandanna tied in @ bundle and swung on a _ stick, over their shoulders, models of the Southern pedes- trian negro. There was something so very pecu- liar in the appearance of these negroes as to attract the attention of Mr. Nunn, They were very clean and neat, a condition not at all chronic with your genuine darky. They produced one of the old-fashioned six-barrelled revolvers, commonly called “pepper-box” pistols, and asked for a box of caps. Mr. Nunn inquired what sort of caps they wanted, when they said “water-proof caps,” Nuno told them he had nothing except “G. D.”’ caps, which are a very common and poor article. They pougnt a vox of these caps and also a box of Matches, and soon after departed in the direction of Mra, Wilson’s house. One of the negroes strong, full-blooded Airican Pace, and tne other a man of lesser make and build every way, very young, not more than nineteen years of age, ard a copper-col- ored mulatto, The latter was named Kinney Burns, a young fellow who had hitherto borne a g00d character. PRELUDE TO THE OUTRAGE. To return to Mrs. Wilson. It was nearly ten o’clock at night, and this lady and her son were p, When she was awakened and startled by ome one hatiooing irom the fence in front of the house. Without unlocking the door she replied in &® Voice sufficiently loud to be heard by the parties outside, and asked, “What is it you want at this hour of the night?’’ A Voiwe—We are strangers. Our wagon is broken down and we want to get a light. Mrs, W1Ls0N—1 have no lizht to give you. ant Voick (a negro’s)—Can we get some water, n Mrs. WiILson—Yes, you can go to the well. The Voick--Open the dusr. We want a gourd, Mrs, WiLson—I never open my door after night. The Voice—You won't give us the gourd, then, to get water? irs. WiLson--You cam drink out of the well- bucket if you want water. The Voicke—This is a damned poor country. You won't give a man light or water. We have never been through here beiore and never will go through again. We are guing oif.” The villains (Jor there were two) then left, and Mrs. Wilson was induced by this to hope that they had actually gone. In the meantime she had pnt on her dress, and her little son had made up alight with a ea tes knot—a Southerner's substitate for candies, lamp oil and gas. Half an hour had scarcely elapsed before the poor woman ‘was destined to witness how little temporary di:- ficulties or momentary misgivings stand in the way ofunbridied lust. She had weil nigh recovered her composure when the sounds of their returning footsteps fell upon ler attentive ear, coming directly to the door of the house, They walked up to the door, and there halted for a moment in silence, At length one of them saia:— “Are you going to give up to us now?” Mrs. Wilson made no answer to thia threatening demand, The NEGRO (same voice still)—Which had you father do—give up to us or for us to kill your son? Mrs, Witson--I had rather you would kill me than to kill my son. the little boy, greatly terfified, then ran to the fire place and put out the fire, and thereby extin- d the ght, The man on the outside of the F HOW struck some matches, which he put un- r the door when lighted. He then thrust & pistol Wer the door—a “pepper box” pistol. Mrs. Wil- fon had by this time seated herseif on the bed in the furthest corner of the room, so as to elude the villains, if possibie, in the dark; but they ‘discovered her rd means of the fighted matches, and they also discovered tl was @ gun in the room in another corner. They | possessed NEW YORK HERALD, SUNDAY, JANUARY 12, 1873.—TRIPLE SHEET. } 20w foreibly broke down the door and walked in. One of them took the gun and the other went di- rectly to the bed and seized hola of Mrs, Wilson. In the melée her little son man: to make his escape. The man who had Mrs. Wilson now took her up in his arms and in. spite of her earnest and teartul entreaties carried her into the yard. He then tried to force her to walk, and finding she would not, carriea her around the house, through @ cornpatch and over several fences, about a quar- ter of a mile trom the house, and into an old feld on @ neighboring plantation, He then securely held her until the arrival of his accomplice, who shortly came up, They then, in spite of the shrieks, tears and prayers of the agonized woman, threw her to the ground and accomptished by main 1orce their designs. They then told THE POOR, DISHONORED WOMAN that they did not care—she might tell it if she pleased, and, leaving her alone in the field where she had been so cruelly outiaged, they de- parted. If they thought they could commit so ter- rible a crime with impunity they were mistaken; if they thought there was not a terrible vengeance in store for them they Were also mistaken; M they thought they had 80 carefully covered up their crime a8 to leave no clue to their detection they were yet more mistaken. ‘They made for the main road and took up their tramp in the direction of Gaansviile, the seat of Hail county, PUKSUIT AND DETECTION, Mrs. Wilson at once left the scene of ‘her ruin, and as rapidly as her injuries would allow her went: to the house ol her nearest neighbor, to whom she related her sad story. A Mr. Frank Kind and two young men named White were sent for, all of whom @t once armed themselves, and witn the instincts of true Southerners they ieft tor the scene of the crime. A remarkable characteristic of the people here was developed in the pursuit. It was the unerring fidelity with which they can follow a trail, and in this are not surpassed by the most expert frontiersmen or even the Indian, From the slightest indication they can track either man or beast, and can take up a trail where ap inexperienced eye would discover nothing. These men found the tracks of two men leading irom the scene of the outrage and followed them without more ado, it was now about one o’clock in the morning. The tracks led into the main road, and thence up tne road, the tracks were made by new shoes, which the pursuers knew from the nature of the imprint made in the fresh soil. Slowly following the tracks for about three miles in the night, by the aid of pine torches they carried, they came at length to a part of the road on which there had fallen a slight rain, Here the tracks wese easily seen, and the pur- suers pushed on rapidly. About two miles turther is situated a little house, where the mother of Lewis Pace lived, At this point the tracks leit the road, and on looking abveut in the yard one of the young whites found the two negroes asleep on the top of @ rail pen used as a hencoop. Belore waking thém up they looked about and found a pistol—a pepper-box pistol—lying on the ground where it had fallen from the pocket of one of the sleeping negroes. On being awakened both the negroes stood and taiked for some moments, when suddenly one WHEELED AND RAN in one direction, and the other in another. ‘Through some strange misconception on the part of their pursuers no shots were fired at them as they ran. They both made good their escape in the darkness of the nigut, but the long and tire- some tracking Was nol without its fruits, Both of them were carefully observed by their pursuers, and the identification on the trial was periect. Of the tate of Lewis Pace but little is known, It is Known, however, that a short time after the oc- currences here narrated he was captnred by a party of young men, and while they were bring- ing him to the house near where he was taken a pistol shot was heard, and when they came to the house one of the youug men showed his shirt collar torn ‘from his shirt, and stated that Lewis had made his escape. ‘This may be true, but itis far from improbable ‘that Lewis may now be in one of the deepest eddies of the Oconee River, and many go so far as to assert that LEWIS I8 LOST. Of this there is nothing but the most unsatisfac- tory conjecture; but if true, this is 9 species of Southern Ku Kluxism that all the laws of Con- gress, United States Courts, marshals or deputy marshals will never be able to suppress, and 1 don't think their fellow ¢ountrymen at the North will blame them. The mceed of punishment was, however, to-day given to Kinney Burns with more accurate and even-handed justice, for he, along with Stephen Dunstan, has this day seen the last of this life. On acommon gibbet and for a common crime they have suffered a common doom. THE HUNT FOR KINNEY BURNS, Some weeks after the outrage upon Mrs, Wilson it was ascertained by several citizens of tuls county that there was a negro lying out ina ve suspicious manner in the county of Madison, ad- joining this, whose description answered that of inney Burns. Acting upon this information, some fourteen or fiiteen men took their arins an horses and rode down into Madison in the night, with a view to capture him if possible. ‘They reached the place near which he had been seen sometime aiter dark, and, surrounding the house, succeeded in capturing the negroes who had been harboring him, and thus prevented any communi- cation with him. They also ascertained his usual whereabouts, and early the next morning they beat the country for him in the following systematic manner:—They stationed two of their number at one end of a large oid pine field and then jormed a “sxirmish line” across the latter field, the men about thirty yards apart. At the word “iorward” the line advanced through the thick pines, and when they bad gone about half way across the field KINNEY BURNS SPRANG FROM HIS LAIR in a haw thicket, and ran with all his might directly down the field from the tine. Those in sight fired at him, but their atm failea and they missed him, Some attempted to outrun him, but 80 great was his feetness he gained rapidly upon them all, and, haa he not run directly on one of the mén who had been stationed to ead him off he would have escaped en- rely. This man saw him running and called to him to stop. He paid no attention to the summons, bat continued to run for life, when the white man coolly aime@ and fired. Kinney Burns dropped in his tracks, four buckshot having strack him in the head, My determined was he to escape and so great was th STRENGTH OF HIS SKULL that he sprang to hi# feet and would have made off at once had he not been caught by the other party. A negro’s skull 18 almost impenetrable to small arms, and the buckshot, though striking him fairly, had only torn off the scalp and glanced off harm- lessly. ‘The captors now bound up Kinney’s head, gave him breakfast and started with him to jail. On the way he made a full confession that he and Lewis Pace had outraged Mrs. Wilson, and fully confirmed the facts narrated above. THE TRIAL ‘ took place at the August adjourned term of the Jackson Superior Court and was almost a mere matter of form, as there Was no defence set up at all, so plain was the case. He was convicted and sentenced, together with Stephen Dunstan, to be hung this 10th of January, 1873. ESCAPE AND RECAPTURE, During the interval which has elapsed since the trial Kinney burns made an attempt to escape which would have been crowned with success had not his strength or his courage failed tim. The person who teeds the prisoners in the jail is a Mr. Ross, who, while he is aman o! great determina- tion, 18 a mute, and can neither hear nor speak. One morning, about the ist of December, he went into the jail te give the prisoners their morning repast, when, as he opened the door, Kinney Burns rushed past him and sprang off the piatiorm of the jail, about be gich 4 feet from the ground, and he immediately struc’ for the country. Before Ross could lock the door and give the alarm Kinney had got out of sight. Runners were started after track dogs, and a party set out across the fields in pursuit of the escaped felon. About three-quarters of a mile from town a negro who was one of the party saw Kinney under a bank in the creek, with the water up to his neck. He sought to conceal himself if possible in thia way, intending to stay there till nightfall, He was taken out and carried back to jail, where a severe attack of pneumonia has em- bittered the short remnant of his existence until recently. CASE NO. 2. ——_+- The second case exceeds the first as a tale of horror. On the 9th of April, 1872, the people of this county, dnd indeed of the whole section of Northeastern Georgia, were shocked and startied by one of the most tearful and pitiable stories of crime it has ever been my Jortune to detail, It was along time before the facts were fully de- veloped, but a jury has decided the issue, which I shall now state for the readers of the HERALD. SCENE OF THE CRIME. On the road from Athens to the littie hamlet of Harmony Grain, 14 miles from Athens and about a quarter of a mile from the road, stands an unpre- tentious country house—a log cabin—such as are commonly used by those whose fortunes are not large, but since the war often inhabited by persqns who before the war great wealth, In this retired locality lived Mrs, Nancy E. Dunstan, a lady of considerable personal attractions, and alliea by blood and marriage with the wealthiest and most influential citizens of this county, With Mrs. Dunstan lived her Jittle daughter, an interesting child fourteen years ola, and by economy and thrift the lady noped to provide a comfortable sub- sistence for herself and daughter, besides means for the education ofthe latter. Alas, that the flend- ish and beastiy passions of man should forever blast the happiness of such persons and such Scenes as this. Mrs. Dunstan was without any protector, and it is supposed that her helpless con- dition and the immunity which criminals had for a long ,time enjoyed in Georgia, were the induce- ments to the commission of the terrible crime which is now for the first time given to tne public. There was undoubtedly a conspiracy formed by some negroes who knew the defenceless condition of Mrs. Dunstan to outrage her person and that of her little girl Stephen Dunstan and Crawford Norwood had the desperate hardihood to effect their designs, and Dunstan ‘to-day expiated his crime on the gallows. The evidence on the trial was partially circumstantial which led to the conclusion, but there is not, nor can there be, the slightest doubt that these villains were the guilty parties, STEPHEN DUNSTAN is a powerful, athletic negro, about five feet ten Inches high, broad shouldered, active as a cat, and noted for his skill in all athletic exercises in which- the Southern negro indulges, and no people are more addicte | to feats of strength and agility, such as wrestling and boxing and “knocking,” as they term it. Dunstan is a mulatto, and has @ most sinister and malignant countenance. Crawford Norwood, his accomplice and companion in crime, is a tall young negro, and is much more nearly ap- proximated to the genuine negre type. He has a better face than Dunstan, and, no doubt, was in- duced to enter into this diabolical enterprise by the artfal suasion of the latter. Dunstan was about thirty and Norwood about twenty years of age. They seemed to be at enmity with each other, and Norwood accuses Dunstan of “leading him into the thing,” whie Dunstan charged Norwood with lying and stoutly protested his innocence, THE CRIME, On the night in April last above mentioned, about the hour of nine o’ciock, Mrs. Dunstan and her little girt were alone in her house, ‘There was a smali fire inthe room, She was onthe post of retiring for the night, and her daughter was al- ready in bed, when some one knocked at the door and demanded admittance. Dreading the worst frem the very nature of the demand, and almost instantly conjecturing the errand on which the parties came, she firmly re! to open the door, and told them that she did notopen her door to any one unless she knew who they were. One of the scoundreis replied from the out- side that i she did not open the door Ser would blow brains out, and wit that they immediately began to break the door down. She immediately began to scream for help. She deseribes the moments which then ensued as the most agonized and fearful, which the mind can conceive. ‘fhe door, an ordinary “batten” door— that is, door made of upright planks nailed to cross pleces—withstood the atiack for some time, and she in the meantime, together with her little daughter, screamed with ali their might for help. Her nearest neighbor was Mr. Charles Nash, an ex-Coniederate soidier. He heard the screams and went to the door of his house, but the wind was blowing so strong that it was impossible for him to tell the direction from which the screams came, and he returned to bed, He had ample time to reach the scene belore the villains could accomplish their foul design, and he, in common with the whole community, expresses the most bitter regret that he aid not catch them in the moment of their guilt when quick retribution would have cheated the gallows. About the time Mr. Nash heard the screams the door was broken down and Stephen Dunstan and Crawiord Norwood rushed in. Mrs. Dunstan says that Steve held a stick in his hand. and that he struck her on the head with itas soon as he could get to her. She was stunned by the blow, and the next thing she knew she was out in the yard in the grasp of Stephen Dunstan, Crawford Norwood about this time had her little daughter some ten or twelve feet from her, also in the yard. Crawiord now came to her, and Steve Dunstan released his hold on her and went to the little girl. Norwood then suc- ceeded in outraging her person. Dunstan, because of the extreme youth oi the little girl, tailed to ac- complish his bratal design. They now carried the nearly crazed woman into the nouse, where they made her provide them with meat and bread, and aiter making a substantial meal, they took their departure, IDENTIFICATION AND ARREST. The next morning Mrs. Dunstan made immediate complaint. She first told her brother, Mr. 4. M. Hood, a gentieman of high standing and a magis- trate lor that district. Steps were at once taken to arrest the ruMians, The scene ef the crime was described by the witnesses with all the accuycy of conscientious men. Where Ars, Dunstan Vas outraged there were all the indications that a terribie struggle had taken place, and that her re- sistance had been overcome only by the almost superhuman strength of tht brute who held her, She was badly bruised and her tace was lacerated by the blows and assaults of these devils in human form. The condition o1 the little girl was most de- Plorable, which excited tue sympathy of everybody in the neighborhood, Mrs, Dunstan thought she recognized both the parties, and was positively certain as to Norwood veing one 0: them. Dunstan lett the stick with which he struck her in the house, and this afterwards served as an important link in the chain of evidence against him, The parties were at once arrested, and Crawford Norwood CONFESSED HIS COMPLICITY in the crime aud implicated Stephen Danstan also. Dunstan engaged, i! he was released, to prove by two reputable Witnesses that he was in ifanover, Banks county, an adjoining one, at the time the offence was committed, and, with the lax ineas of law which a country justice has, he was discharged. It having, however, been subsequently ascertained that the witnesses he proposed to produce would not testify to an untruth 1n his behalf he was re- arrested, He was brought to trial at the August adjourned term of the Superior Court held in Novem- ber last, Norwood’s case was continued because &@ material witness, as he claimed, was absent. THE TRIAL. On the trial Stephen Dunstan preserved the most composed and imperturable demeanor, He was represented by able council but the evidence was overwhelming, and the jury found him guilty afier an absence from the court of only a few mumutes, While Mrs, Dun- stan was giving her evidence the interest was mtense, and men seemed almost frozen into statues by the horrid recital. Through this ordeal the prisoner never flinched, nor did he exbibit the slightest trace of discomposure. He was certainly one of the most fearless criminals that ever out- raged the laws of God and man. The most damn- ing preof tell upon him as indifferently as if the langui of the witnesses were utterances @ praise or condemnation, During the progress of the trial Stephen made a 4 SLY ATTEMPT TO ESCAPE. In most of the Southern court rooms, there being no such compartment as ‘the dock,” the prisoners usuaily sit within the bar with their counsel. This was tie case with Dunstan. When tie jury rose to retire Stephen very quietly mingled in with the crowd, and, unnoticed, moved to another part of the court room, He was missed directly, aud 80 crowded was the room that it was some time before he was discovered. When the jury re- turned with their verdict jor the first time did the prisoner exhibit any emotion. fis tawny face as- sumed a more ashen or Crna hue, and he then seemed to realize the terrible danger of his awful situation, Stephen was defended vy Wiltz Havard and J. McCalla, and the State was represented by Messrs, Silman and Pike, Mr. Emory Speer and the Solicitor General of the circuit. THE SENTENCE. On the Thursday following Stephen Dunstan was brought out of the jail into the Court to receive the sentence of the law, The language and manner of the venerame Judge were extremely impressive. The Judge, Cvaries D, Davis, 18 a Northern man, who studied law under Chancellor Kent, and came to Georgia in the early part of this century with the late William 8. Seward, He warned the prisoner, together with Kinney Burns, of the inev- itable consequences of their crime, and advised them to make their peace w@h God, Dunstan pre- sented the same brazen demeanor which he had shown all through the trial, and up to the moment of his leaving the prison for the scaffoid has evinced no contrition, bat still stubbornly pro- tested his innocence. During the later days of his confinement, by the daring of a fellow prisoner, Stephen had an opportunity to escape, but made no use of it, THE EXECUTION. ncaa enetbci Confession of Burns. A great crowd of excited people assembled about the jail at an early hour and eagerly watched every movement made by the officers of the law that in any way indicated prepara- tion for the dread punishment of the wretched beings trembling within the building, No one ex- pected a reprieve for either of the condemued ne- groes, for the crimes they had committed were without, paliiation or excuse; and such was the temper of. the people that a reprieve under the circumstances would have availed the criminals nothing. Of course nd hay toad came, and at the hour appointed they were brought out on the scaffold, A shout from the multitude greeted them, and a rush was made for every point of vantage from which the scene could best be witnessed. Just as the Sherifif was about leaving the unfortunate men—whose black, repulsive features were blanched with fear—under the fatal noose, Kenny Burns made a sign and as soon as he could control his agitation sufticiently made a full and complete confession of his terrible crime. The other wretch, Dunstan, remained in a dogged attitude, showing no signs of contrition, and when the rope was fastened about his neck asserted his innocence. They were then tied, the ropes were put about their necks, and separately they were swung into eternity. Aitera brief struggle they were cut down and pronounced dead, and the crowd dispersed. FIRE IN GOUVERNEUR SLIP—LOSS $3,500. Atone o'clock yesterday afternoon fire broke out in the four story brick building No.6 Gouver- neur slip, occupied by the owner, Daniel Sweeney, as a store house for rags, and by N. & H. O'Donnell asa cooperage establishment, Owing to the in- flammable nature ef the contents of the building considerable diMculty was experienced by the Fire Departnient in getting the fames under subjection, and ere the fire could be wholly extin- ished damage to the extent of $3,000 had been inflicted on the building and the of ite owner and $500 on O’Donneli’s stock, Mr. Sweeny was insured $6,000 on building in the Tradesmen’s Com- pany and alike amount on stock in the Adriatic and Hamilton Compantes. O'Donnell Was insured to the amount of $3,000 in the Montauk Company, of Brooklyn, . Cause of the fire is unknown. THE COURTS. eS ae THE DEPUTY CHAMBERLAINSHIP Comptroller Green and City Chamberlain Palmer in the Oourts—The Injunction Against Foley—Who Is To Be Dep- uty Chamberlain?—The Ques- tion To Be Legally De- cided To-Morrow. AN ENGLISH EXTRADITION CASE. An Afleged English Forger Arrested---How Ie Lost His Employers’ Moncy---His Flight and Capture. THE WOODHULL-BLOOD CASE. Question as to the Admissibility of De- fendants Testifying in Their Own Behalf—The Case Post- poned Till To-Morrow. BUSINESS IM THE OTHER COURTS. ‘There was a lengthy argument yesterday before Judge Barbour, of the Superior Court, in the case of the rival contestants for the office of Deputy Chamberlain—Walter B, Palmer and John Foley. The case came up on the order to show cause why the temporary injunction granted several days since by Judge Barbour enjoin ng Mr. Foley from attempting to assume the functions of the office should not be continued, Judge Barbour promised to decide the case to-morrow. The case of Henry William Morgan, who is charged with having forged endorsements to the amount of £1,118 3s, 1d., in the name of George Pim & Co., of Liverpool, England, in whose em- ployment the prisoner had been, was up for exami- nation yesterday before Commissioner Osborn. The extradition of Morgan is demanded under the Ashburton Treaty with Great Britain, The case for the prosecution was closed, and there was an ad- journment until Tuesday, when Morgan will enter upon his defence. Yesterday the charge against Woodhull and Blood of sending filthy and indecent publicatiens through the mails was to have come on for a sec- ond hearing before Commissioner Davenport, but that oficial having another engagement, the mat- ter went over until to-morrow. Woodhull is out on bail. Yesterday, in the United States District Court, Judge Blatchford rendered a decision in the case of Brown and Others vs. The Brig Annie Lindsay, It was @ libel for collision by which the schooner Saihe Smith, with her cargo, was sunk in Long Island Sound. The Judge orders a decree tor the libellants, with a reference to a commissioner to ascertain the extent of the damage. THE DEPUTY CHAMBERLAINSHIP. pee The Clash of the Comptroller and City Chamberlain as to the Appointment of Deputy Chamberlain—Deputy Palmer Fighting Foley—The Respective Claims of the Rival Contestants for the Office, The fight, carried into the Courts, between Walter B. Palmer, claiming to hold the oftice of Deputy Chamberlain thraugh appointment of the Chamber- lain, and John Foley, who insists on bis right to the place by virtue of an appointment by the Comp- troller, backed up by the Mayor, is waxing warm and exciting. The Vhamberlain claims the power to appoint his subordinates under the act of 1866, while Mr. Foley bases his claim on that more modern and somewhat famous instrument, the charter of 1870, All the facts of the case— the daily appearance of Mr. Foley at the office to discharge the duties of Deputy, the cold shoulder given him by the Chamberlain, who refused to recognize him, and the still colder shoulder of Mr. Palmer, the Deputy de facto, in the form of a tem- porary injunction restraining Mr. Foley from con- tinuing his visits to the oiice and attempting to assume the functions of Deputy—have been pub- lished in fullin the HeraLp, This temporary in- junction Was granted by Judge Barbour, of the Superior Court, with an order to show cause why the same should not be made permanent. There was an argument yesterday before Judge Barbour upon the order to show cause which occupied nearly the entire day. Both the litigants were present, Mr. Paliner being represented by ex-Judge Edmonds and Abraham C, Lawrence, and Mr, Foley by Anthony R. Dyott. A PROPOSAL REJECTED. After the opposing counsel had read the com- plaint and answer in the case, together with ail davits of the Chamberlain and Mr. Paliner, as here- tofore published, Mr. Lawrence, on behalf of the latter, proposed that they make a case and go to the General Term of the Supreme Court, and there have the matter adjudicated upon at once. It was suggested that this was the most expeditious way of determining the subject matter of the litigation, The preposal was made with the proviso, that Mr. Foley would stipulate not to assert his right in the meantime to the office in another way, To this proposition Mr, Foley, through his counsel, refused to assent, and it was insisted by the latter that the course how being taken was the quickest way of reaching @ judicial determination. MR. PALMER'S SIDE OF THE CASE. The above proposition being rejected there was no other way than for t ounsel to address them- selves to the merits of the case. Mr. Lawrence opened the legal combat. The office of Deputy Chamoeriain, he said, was inaugurated under the act of 1866, He then read that portion of the charter of 1870 under which the Comptroller claimed the right to appoint a Deputy Chamberlain. The section read he claimed gave to the heads of departments the right to appoint the heads of bureaus except the Chamberlain, as also’all clerks, officers and employés in their respective depart- ments. He argued that there was the same reason for keeping the Deputy Chamberlain as for keeping the Chamberlain independent of the Comptroller. He was simply Chamberlain in the absence of that officer, There was no repeal by direct words of the act of 1866, and if there were a gc by implica- tion, it must go further and repeal the office, for the charter did not mention the Deputy Chamber- lain, But there was no Pig eer between the two acts, They formed a harmonious system to- gether and were in perfect accord. FACTS FOR FOLEY. Mr. Dyott, in taking up the cudgles for Mr. Fo- ley, went back to the Laws of 1857, and then cited all the statutes having possible application to the case, He said that there were great public interests at stake and irreparable injury imminent. At the request of the Mayor, Aldermen and Com- monalty @ partial and qualified injunction was granted, But here it was Mr. Palmer alone volun- teering to make himself the champion of the pub- lic in his own interest. As, however, the sult was brought by him he was bound to make a periect title, and had himself shown that his title was not perfect, a8 his bond was not accepted. He insisted that the filing of the bond was a condition prece- dent to his assuming the duties of his of- fice. In case of an embezzlemennt the sure- ties on that bond could not be held liable, as it had not been approved. Mr. Foley’s bond, on the contrary, had been accepted and approved. He showed the various channels through which ig A came into the hands of the Comptroller and how the Chamberlain could not pay out a dollar of itexcept upon warrants drawn by the Comptrol- ler and countersigned by the Mayor. He urged | that it was tar better for the public interests that the Deputy should be appointed by another wer as acheck upon the Chamberlain than that Be should make the appointment himself, CLOSE OF THE ARGU z Judge Edwards read the concluding argument, He citeu a host of authorities in support of his view of the case, and then alluded to the bond of Mr. Palmer. He said that this bond had not been approved by the Comptroiler, not on account of objections io the bondsmen, but because he ob- jected to Mr. Palmer —. Deputy Comptrolier, ‘and wished to fill the place by a person of his own appointment. THE PRCISION ON MONDAY. Judge Barbour intimated that he did not see how Mr. Palmer had a standing in court. He thought if any one was to complain of Mr. Foley it was the Chamberlain himself, He took the papers and promised to give his decision on Monday, AN ENGLISH EXTRADITION CASE. An Alleged Forger Arrested in This City— How He Lost His ployers’ M His Flight and Capture. Yesterday Henry William Morgan, a traveller for the fi1m of George Pim & Co., of Liverpool, Eog land, was brought before Commissioner and further examined upon the charge of having forged the endorsement of his employers to amount of £1,118 38, 1d. It was the the accused to solicit orders for the frm and transmit to them moneys, or checks for amount; and the particular accusation against him is that he tor; the signature of the firm on Amounts; making: in the aguregate, the sum stated , in the agg: above. che is also wi moneys, the propery of Pim & Co. It seems wo be | tne fact, though not distinctly brought out in the evidence, that the went to races in Eng- land and bet lary on the result, but lost heavily: and, not being to make ap the loss, he ted from Ragland, took the steamship Calabria, of the Cunard line, at Queenstown, and, travelling er the name of Martin, arrived in the portol New York on or about the Lith of last month. Teie- pobresd having been previously received giving a | escription of Morgan, be was seneeety. ar. rested by one of the detectives of this city, Upon his person was teund @ bill of George Pim & Co, Mr. Marsh, of the Liverpool detective force, subsequently came out to this city carrying with him the {nformation and warrant ranted for the apprehension of Morgan by Mr. ‘aities, the Police Magistrate at Liverpool. The identification of the accused was proved by Mr. Marsh, who stated that he knew him to nave been in the employ of Pim & €o. Mr. F, larbury, counsel for the British gov- ernment, who have demanded the extradition of Morgan, stated that he nad now closed the case for the prosecution, Mr. William F. Howe, counsel for defendant, said he would determine between this and the next day the case would be heard whether he should or not offer Morgan as a witness on his own behailt, ae proceedings were then adjourned till Tuesday next, THE BLOOD-WOODHULL CASE. Until To-Morrow—A Writ of Habe Corpus Likely To Be Sucd Out to De- termine Whether the Accused Can Fe Examined as Witnesses for Themselves, ‘The case of Blood and Woodhull, who are charged with having sent obscene literature through the mails, was to have come on again yesterday for further examination before Commissioner Daven- port, but it was adjourned until to-morrow (Mon- day), the Commissioner having another engay ment to attend to. ‘The arrest and imprisonment of Mrs. Woodhull on Friday was, it appears, a mistake of the, Warden of Ludlow stre: because of the error in the supposed nen-jus' tion of her bail in the Supreme Court in the Chailis suit. An arrangement was made between counsel by which Mrs, Woodhull was to have had ten days additional for justitying; but the Sherilt, not know- ing this, caused her arrest, and she spent Frida night in Ludlow street. She is now out on bail, Mr. Edward McKinley is her counsel in the civil suit, Itis possible that the defendants, Woodhull and Blood, willsue out a writ of habeas corpus, either before the United States District or Circuit Court, to determine whether they shall or pot be examined as witnesses on their own behalf in the prosecution instituted against them for sending obscene papers through the mails, BUSINESS IN THE OTHER COURTS. eae Salle | cedure me: | Treasury of the Un | are to be UNITED STATES DISTRICT COURT. Admiralty Case—Decision. Yesterday, in the United States District Court, Judge Blatchford rendered a decision in the case of Daniel Brown and Others vs. The Brig Annie Lindsay, her tackle, &c. The Hbellants, as owners of the schooner Sallie Smith and the carriers of the cargo on board of her, bring this suit against the brig Annie Lindsay to recover for the total loss of the schooner and _ her freight money and cargo, through a@ collision which took place about hall-past eight o'clock in the morning on the 7th of May, 1869, between the two vessels in Long Island sound, oir Eaton's Neck Light, whereby the schooner and her cargo were sunk. ‘The schooner was bound to New York from Connecticut River and the brig was bound from New York to New Brunswick. The Judge says there must be a decree for the libel- lants, with costs, with a reference to a Commis- sioner, to ascertain the damages sustained by them by the colliston, The ground of the decision is that the brig, being in the wind and close hauled, was bound to have kept her course and she did not do it, but starbearded and in doing 80 produced the collision. Beebe, Donohoe & Cook lor the libel- Jants; G. M. Spier for the claimants, archer er Bis be ag wera ot a coer the c for norant of the condition ‘would pre contewing " had belo done. Sut in tack imootvent, and the. bank oMecers well knew that if they recer the 7 check the conditions oa wi a wo be -— ie GOUD Fi aired them to receive the check. Instead I placed It among i a od hk. next day ie. He money witheat the plasn | ender qieoe Mances: Gave bite no claim to retain It. yd he -eccneded to the Possession of money Of, an action for wom humm in favor of the pi ne, that a deposit become: the property of the bank the mo- ment it te made, dors not ap! 2,caes when a deposit m0) is receivable expressly tor collection oF when the deposit » ONTAINER BY FRAUD. if the inti was not deposited untal the ex, y tour hours, it i strong proof that the © ras depontied for collection But, aside from any techuical rule @xing the relation o the points, itis clear that pthoers of ‘ok in ref ceiving the cheek withont distlosng the ‘of the: Gotathed tneren de ee obial use ment tor plaintiff, Before Judge Mecue. . H. B. Clatin et ai, vs. William Blossfoid.—This action, which was reported in the Henatp a few days since, was brought to recover the amoant of several notes made by It. J. Clark and endorsed by the defendant. A similar sult against MH. 8 Chris- tian was tried at the same time, The jury, by their verdict, found that the endorsements were not procured by fraud and false representations; that the payments made by Clark previous to the ma- turity of the notes pull be applied to the ad ment of the notes and pot of the goods sold him, and that the ount of Clark's Wie insurance should be credited on the notes, A stay for twenty * was granted by Judge MeCue, with liberty ptuer party vo move for & new trial or an extra allowa: SURROGATE'S COURT, of the Week. Before Surrogate Veeder, Last week the Sarrogate admitted to probate the wills of James Lonsada, of the Sandwich Islands, and George Hulen, Louis Desoucher, Adnan VY. Cortelyou, Heinrich Gerken, Philip Zann, Eazabeth Tormey, Samuel Liebman, William Armstrong, Albert C, Robinson, Sarah Leverich, Emeline C, Brown and William Erns§, of Brooklya, F eo will of Eliza Scudder, of Brooklyn, was re- jected, Letters of administration were granted on the estates of Henry Morrison, Catuarine Coney, Abra- ham Abrahamsen, James Baliey, Sarah Heeley, Adena Ciebrand, Bridget MeAtee, William Eck, John Lewis, Humphrey byrne, Margaret BR, Van Voorhees, Arthur , Joseph P, Walter and Joseph A Hathaway, of Brookiyn, THE COMMISSION OF APPEALS CALENDAR, ALBANY, N. Y., Jan. 11, 1873, Calendar of the Commission of Appeals for Jan- uary 1} is as follows :—Nos. 22, 40 to 47 inclusive, 51, 58, UO, 42, 64, 66, 67, OS, 6, 70, Tl, T2, T3. ‘The Commission will hold two sessions a day for the ensuing week, and cases on the day calendar will be perenrptorily cailed. THE SHOTWELL BOND CASE. + How It Stands at Present=—Judge Dow- ling on the Situation, The present state of the Shotwell-Krooks caso may be gleaned irom the following colloquy which took place at the Tombs Police Court:— Judge Dowling—I ain aware that an indictmem has been found in this matter, but I have not ad- vised with the District Attorney whether it would be right for me to dismiss this complaint yet, Judge Cardozo—There is no doubt, sir, that an indictment has been found, and Mr, Brooks in- stantly, upon the (nding of that indictment, fur- BROOKLYN ‘COURTS. UNITED STATES DISTHICT COURT. A New Question—“Red Tape” Dispensed With—Direct Payment of Claims Against Property Selzed=An Im- portant Decision by Judge Bencdict Yesterday. The United States vs, The Brig Monte Cristo.— In the above case, tried yesterday before Judge Benedict, His Honor delivered the following argu- ment, in which he said question here presented by the District Attorney not appear to have ever arisen in any reported case, nor can Lascertain that it has ever been brought under consideration jn the practice of any of the departments | ot the government. It arises as fe rhe brig follows :— the United states un n condemned by law as tortelte ction, 24 of the act of Jul 1366 4 Stat, at lar which provides (ec- tion 4, and nacted), that if any certificate of regisiry, mt or license, or other record or docum n lieu thereof to any Vessel, shall be knowingly and traudulently obtained or used jor any vessel not entitied to the benefit thereot, h vessel, with her tack and furniture, shall iable to forieiture, ‘Th nds of this forteiture exisiry of the Court, an intormer made | tled to the informers’ share, namely, ope- eods. No question was made as to fourth ot th THE MIGHT OF AN INVORMER to this portion, and due pr ings had have resulted ina determination that the person claitniny the iniormer. Whereupon ‘Iam required ly have (Uniied States vs. George, 6 Bh. By whomever the fund is distributed the tions are to be the same, and the same are entitled thereto. It is lirst the act of Murch 2, 1867 ( applicable here, for If so, th the charges and te trary ted State Former to be tra ry, in accordan atter by the Secretary ot Treas) it The wet of Maren 2, 1547, with the order of distribut is confined by ats tei custom: section of the ac provision of the law rel see that the section should solely to the use of FRAUDULENT CERTIFICATES OF REGISTRY, enrolment or license of ships and vessels, id would nat urally be described a rovision of law relating to the registry or enrolment of ships and vessels, which a well known class of statutes, in some instances cer treated us distinct trom the laws relating to the customs. As for instal , in the eleventh se tute der which the forfeiture has been re the pia? is “acts relating to the customs, or the reg- istry evpolling or on ey | of vessels.” This distinction may weil be supposed to ha een in view in draiting the of 1867, und in the al f any reason for in- clud the twenty-tow actof July 14, 1866, within the description of | e act of 1867 is applicable by its terms, | be regarced as a toms. I do not eso regarded. It relates ws to Wh clude the proceeds of as forfeiture incurred under section 24 of the act of 1866 are not within the scope of that act. We turn then, and naturally, to the provisions in secon 31 of the | act of July 18, 1865, under which act this fort incurred, where it 1 provided that all fo virtue of thatact shall be disposed of and provided in section 91 of the act of March 2, 1799. section 91 provides for the shares into which forteltures divided, and declares the parties entitled thereto, according to which one moiety is to be received by the Collector for the use of the United States, and the other half 1s to be divided between and paid’ in equal portions to the Collector, Naval Oilicer and surveyor, Unless there be an informer, in which case one-hall the latter moiety must be given'to such intormer. That the Collector is to receive the moiety going to the United States is indicated by the words of the section, and a | ayment to the Collector, to the Naval Oficer and | iy tive shares is meutioned iy section, aff apart from an afford no authority foi payment of the fund to the Collector, or into the Treas ry; and that such & payment was not contemplated by, | he act is indicated by the fact that while section %) of the the act of 1799 does pore for # ment of the fund in gross, leas cost and 8 to the Collector, all reference | to that section is omitted in the thirty-first section of tha act of 1886, and only section #@ mentioned, which section, | while it fixes the shares, docs not, as has been said, au: | thorize any payments thereof to any but the parties en- titled thereto, save only that one moiety is to be received by the Collector for the use of the United Staces, I arrive at the conclusion that the parti are ENTITLED TO PAYMENT DIRKCTLY FROM THK REGI of the Court, the more readily because no reason has been suggested fot sending the fund through the hands of various officers, none of wh nder the law, have any discretion as to its application, nor derive any advantage | from ite disbursement, No duties or other charges are to | be deducted from noth whatever that lean | imagine would be gained from a different construction of the law, while much unnecessury delay and labor would *Y caused thereby to all the parties entitled to tne fund 2 i 'y determination, therefore, is that no statute authorizes & payment of this iuad otherwise thaw to the parties en- tied thereto hy law, and that the only lawini disposi- tid tion ot the fund which can be inade by the Court is to pay one moiety to the Collector of the Port for the use of the United States, onestourth to the iniormer and one: | twelfth to the Collector for his own use, one-tweltth to the Surveyor and one-twelfth to the Naval Officer. SUPREME COURT—SPECIAL TERM. The Defanct Central Bank—Receiving a heck While Insolvent. Before Judge Pratt. Joseph H. Havens sued Silas B. Dutcher, assignee in bankruptcy of the defunct Central Bank, to re- cover $3,126 out of the assets of that institution. On August 1, 1870, at a time when the bank was in- solvent, and the officers were taking the necessary legal measures to have it so declared, Mr. Havens deposited a check for collection for the amount here | the same state it is now, and | dle nished bail; but I think, also, that there i# no doubt that it was entirely irregular while this matter has been pending before Your Honor to have it placed before the Grand Jury for the purpose of having an indictment found, To us it is nota matter of any particular consequence, We have been anxious that this investigation should proceed where it was initiated, and we still believe tat this lady is actuated by the worst mo- tives in prosecuting a charge which we know to be utterly malicious and without foundation, and we are quite confident that she wili never subject herself to a cross-exXamination now, notwithstanding that we are entirely willing that Your Honor shoal make any ‘as sition of it that you should see fit. you think it consistent with propriety to recognize the fact of the nding of the indictment while this | matter was pending before Your Honor and dis- miss this proceeding at this stage, we will aequi- esce in that. If you still think that the matter is still pending before you, we will acquiesce in that, Judge Dowling—Judging from your remarks thas you think the indictment has beon impreperiy found, while the investigation was pending before this Court, I would not think myself justified in dismisiing this complaint now. For, whatever course you might hereafter might cause tins case to come aguin. Then we should have to all over the ground we have already advan ndt think iat there will be no harm PY leav he case in jet an adjournment be had tilltwo weeks from to-day, Have you con- sulted with the District Attorney ? Judge Cardozo—I have not, sir, since the finding of the indictment. Lf anything should arise by means ot which we are enabled to appear before Your Honor on an earifer day { should be glad, if consistent with your engagements, to change to an earlier day. Judge Dowling—If you, on consultation with the District Attorney, think the matter is to proceed ae will go on with the examination without olay. pursue here go rd from Mr. Brooks. New Yor«, Jan, 1, 1873, To THE EpITOR OF THE HERALD:— As you have given publicity to the fact that a complaint has been preferred against me vy one Shotwell, I ask you to do me the Justice to give this a place in your columns. I desire to state that the charge is utterly without the slightest joundation in truth, and that! shall be prepared, whenever the matter may be investigated, to demonstrate that fact, F, W. BROOKS. HAVE BLACK, BUT DECENT, MEN RIGHTS WHICH THEATRE PEOPLE ARE BOUND TO BESPECT ? A New York, Jan. 11, 1873. To THE EDITOR OF THE HERALD:— The announcement of the performince of “Rich- ard III.” at Booth’s Theatre excited my desire to witness the play, and, accordingly, on Thursday | evening I visited the establishment, accompanied by alady. To begin with, I am a colored man, On my arrival | was instructed by tne doorkeeper to “keep to the left.” Supposing this instruction was given me merely in consequence of the crowded condition of the right wing of the gallery, I paid but comparatively little attention to it and inadvertently entered the auditorium by the mid+ door. I ‘had been rash enough i@ this imstance to occupy two bev g seats on my right. Scarcely were we seated, when, to my very great surprise and very natural embar- rassment, the doorkeeping usher beckoned us to take seats ‘on the leit.” Sufliciently embarrassing ‘was it to be approached in any way on the subject; but more so did it seem in the midst of such ® nuinber of spectators to be beckoned so ungentie- manly to the left wing. eae eee which, for my sole edificativn, preceded the tragedy, has indnced me to call atvention, through the medium o! your columns, and ask, if the managers of this establishment consent to allow colored persons admittance, why is it that they thus prohibit them irom oecnt ing any seat in the gallery’ Kk cannot be truthfully asserted that their appearances more offensive than the haif-naked and dirty mem- bers of the boot-blackil Iraternity who are per- mitted to range the gatlery at wil! without apy re- striction, The boisterous or huit-ctvilized class of our colored community very rarely frequent this thea- tre, and there 18 no sufficient’ cause why such re- rusting that you wi ot inserting thie tn their behalf, and that the man- agers in fature will allow the colored sppreaasers 01 the drama at least access to all seats in the gal- lery, I will assert confidently that the, will have 1 regret it. Very truly, but ite, If any, cause ACK, BUT DECENT.” KICKED DOWN STAIRS. Cullen During an altercation between Thomas and tamnat Sposs, at their residence, in the tene- ment house No. 311 Monroe street, last Friday even- h down it of ing. Cutien kicked Hangah ¢ bp ety es claimed, He claimed that the reception of it and the collection of the moucy were frauds oa him, a8 re and probably fal sate police of the Thirteenth precinct were esterday informed of the occurrence and at once Taused the woman's removal to Bellevue Hoanit ‘Cullen hag not yet been ar