The New York Herald Newspaper, February 1, 1873, Page 5

THE GREAT BOSS RING TRIAL. Disagreement of the Jury— How They Stood. Eight for Acquittal—Four for Conviction. Motion for a Retriak--Argument of Counsel Pre and Con. INTERVIEW WITH THE BOSS. There was ascene preseated within and about ‘the corridors and doors of the court room of Oyer and Terminer yesterday morning rarely to be wit- messed at the close of the most exciting public ‘rials, even where the verdict of the jury is antici- pated either to acquit and adjudge a man guiltless ‘of the offence charged, or to find him guilty of a crime for the punishment of which the law decrees wentence of death at tie hands of the common executioner. The experience physicaily imposed @poh the newspaper fraternity on the morning when sentence was pronounced upon stokes proved efficacious, for, dreading another scrim- mage, in which on that occasion they came out enly second best with the police, they were all early on hand and had secured their places before the gentlemen of the locast had orders to take up position to repel them. There was, in- deed, an immense gathering—this time diifering from all the other days of the trial—of the great unterrified. After they had seen Garvey on the stand for a day or two, and brought home with them their rough sestimate of the chief witness, the great plasterer, whom they all knew well and wondered at, that he -eould by any possibiltty be the enemy of their friend the Boss—and then, with a look at the Judges ‘whom they might have supposed was the “Noah” of the ark from the strange surrounding, of which they themselves formed a part, that composed the temple of justice; with one glance at Peckham, ‘whose eye is a terror to all delinquents; a parting ook at the family group, so eloquently but lu- gubriously depicted by the “weeping counsel-in- ehiet” of the defence—they for a time did not put ‘ma second appearance till yesterday; but then ‘they came 1n full force. WHAT A SCENB! From ten o’clock, for half an hour, the word was, “Sauve qui peut’—not in the sense in which Na- poleon’s soldiers used it during the fruitless, but glorious “forty” days, when they retreated before the enemy, conquering, but beaten still, The crowd to hail Tweed came in discomflted, but still victorious. Some hats—nay, wigs—were displaced, Dattons were nowhere; and one gentleman, who made his appearance as if shot into the court room from a catapult, when he recovered from the effect of his sudden appearance on himself, and the laughing audience, politely asked wome one outside to hand him in his “Ulster.” The next arrival knocked him off his pins again while he stood at the door, and before he had time to pick himself up the second time the court room ‘Was crammed, the doors were hermetically sealed by half a dozen policemen, and the position of that poor devil at the last was worse than at Great. If he could have been one of the jury at that moment he would have voted the Boss guilty—of what?—of swallowing the big indict- ment witaout a drop of—water. ‘Ihe rush was ‘‘wemendous, and of course only those who were known to the officials of the court and the police got in. Fortunately Sheriff Brennan me along, and after being asked in a jocular and tantalizing manner from the inside—where Cerberus holds his court—*‘Who’s dat a knocking at de door?” “Il let you know,” says the practical Matthew, stand- ing tiptoe on his bestleg and looking through a broken square of glass in the door. The effect was imstantaneous. The tellow inside, from being jocu- Jar, would have sworn that his visitaut came from the heavens instead of the Tombs; he dropped, like Jack in the box, from a full fledged humorist to the subservient which he was; just, in fact, as if the Sheriff had a rope round his neck at the mo- ment. Under such auspices we got in, and of course took a note ol it, it were vain to tell how that court room was Milled, tor except when the roughs caime in by an @ccasional dozen it 100k the observant eye to note how the more respectable people got in at all, They came in ONE BY ONE as if they had been shot into the room singly from g@ome unknown power outside. In they came, with @ twirl, in tact, that forced them to lace the door before they faced the Court. Enough to say, the worst elements ail got im and the better class of wisitors were as usual excluded by the police and Court officers. THE OPENING PROCEEDINGS. At twenty minutes past ten precisely Judge Davis entered and wok his seat on the bench. Peckham and Pheips and Tremain soon followed. There was a light in the eye of Peckham as if he kenned what was coming and was prepared for it. Tremain, a8 usual, looked around the court room, with that disgusting and inevitable (peculiar also to Mr. Peckham), tovth pick linter in his teeth, which as much as said, ou know that I leave all tis byplay to the small “fry.” Mr. Tweed's counsel were quickly on hand, Mr. Tweed himself in company. Gencral Tweed and young Dick took their seats at the same time, and then, while all else was ready, the jury—the arbitors themselves—the men whio were to decide wpon this litigated and mementous question—were summoned. THE MINUTES DRAGGED slowly along till Valentine, the chief officer of the Court, and whose own day is coming next month, nd loving memory, brought in the long array. e entrance of a jury into Coart—having agreed upon a verdict to convict, to acquit or disa- ee rt a study, that the original author of “Wait- for the Jury” has faiied to portray except in the ene instance, and, as that was an Irish jury, 1t does not stand good here. How does the compara- tive, the positive and the superlative on the jury’s mind affect them as they take their seats! The fd in the Tweed trial came in, one-half looking as it they were martyrs to a sieepless night in trying to doa good thing in which they failed, and the other half as if they had done a geod thing tor which they would be condemned; but who were the martyrs on either side it was hard to tell, THB JURY QUESTIONED. Mr. Sparks, alter the jury iad taken their seats, called their names and asked, “Gentlemen, lave you agreed to your ver The loreman, risiag— sir, (A pause.) The Court—Gentlemen, ts it likely that, with any little longer time for consideration, you can agree ? ‘The ioreman here stood up, looking the picture of periect mental helplessness, and replied—“{ think noty’ A long pause iollowed, Judge Davis iting the head of the judicial gavel all the time aad looking vacantly at the juror. Juror looked at Judge ard Judge at juror, and both looked as if the indictment had vomited out suddeniy two cul- prits besides, the cu:prit on trial The foreman @tood for atime, not knowing what to do, and eventually, not Knowing what else to do, dropped into his seat, the Judge looking on him ali the time with a countenance expressive more of sor- Tow than ofanger. The Court—!s there any other juror who wishes atate anything on this subject ? The tiith jurer here stood up and said about as much as the foreman—that was, be had nothing to way but that the jury, himself among them, had agreed ut seven A. M. that morning not to agree, and to that they would stick if they didn’t go Home till morning. ‘the jury seemed ready to take up the refrain that they wouldn't home till morn- ing if necessary, Whereupon the Court, with an- other look more in sorrow than in anger, dis- charged them, THR CLOSING PROCEEDINGS. At half-past ten o'clock the jury came into Court, and an impressive silence iell upon the closely packed audience, Mr. Sparks, the clerk, inquired in the usual ferm whether they had agreed upon a verdict, and thé foreman replied that they had not. Judge Davis—is there apy prospect of your being able vo agree, Mr. Foreman ? The joreman replied that he could not tell—he | thonght not. sulge Davis, after a few minutes’ thought, said :-— ( suppose you have exerted all edfurts to agree, and ado not see that any benetit can result from keep- you out longer. At the same time, if any of tne rest of the jury would like to express any opin- fon on that subject, | suould like to hear him as to the probaoility of agreeing. Another juror stuod up and sata there was no prospect. They were the sume way since eleven | O'clock last nigit. Judge Davis—Inen you are discharged, gentie- men. MOTION FOR A RETRIAL. Mr. Peckham then rose, and, to the sarprise of the audience and of counsel for the deience, made the following motion. He said :— Your Honor, in the case o which we have ex- pended ever two weeks, the disappointment 1s uni- versal that our efforis have been in vain, and that it has resulted in no verdict. On the part of the | omly Ofty years of age. rorecution we ail felt that public justice can only tained in most cases, And more especially in | eases of this character, by a persisteut effort to ur- Sve Ob some Conclusion, We feel thata case such |" NEW YORK HERALD, SATURDAY, FEBRUARY 1, 1873—TRIPLE SHEET. bas been, ought te jury should have 3 and we feel me result should immed- 'e therefore move the imme- again at this present mo- urt to direct a Coeok U jurors with the t and i Shue vant Hones the ponent novwei and remarkable, and not to be ace We have been now the better part of three weeks, since the 6th of January, in the trial ‘of the case. We are all exhausted. We do not feel able to enter immediately on the retrial of the case. The strain ypon, body, as well as mind, has been very great, re have been kept in a court room not it for anybody to breathe in, and I, for one, cannot endure such atmoephere another three weeks. Besides, sir, we have been notitied that the civil case is to be brought on poyempioniy on the 17th of February, with an intimation that it will be called out of its order, upon the right of preference possessed by the people, and our attention must be directed to it, and has been in part; and we shall need all, the time we can spure from other avocations to prepare for it. We chink it would be a very great hardship if we should be Jorced ‘nto a trial of this case now; and we think, moreover, that there ought to be a little time for us all to cool before we undertake another operation that will be likely to heat us as this has done, jor it has generated am unusual quantity of heat allaround. We ne not suppose this case is to be tried diflerently from others. This 1s the highest criminal court in city. The jail is iull of mur, derers; this is @ case of misdemeanor; and why it should be sought to be taken out of the ordinary course we do not understand. The example of a case being taken out of the ordinary course because of clamor among the public or in the newspapers is detrimental to justic jt tends to pervert its course, and we protest against it. Let those persons accused of violent crimes be tried. It isof more importance than that this case of misdemeanor should be tried, These are public considerations; the others are private enes; and on both we respectfully but earnestly object to the trial of this case going on again. Mr. Peckham—Your Honor, the counsel present three rate reasens for not going on with the trial. t, On account of the great mental and piynical strain imposed on counsel for the defence. he detendant in this case has had the fortune to be defended by seme seven or eight different counsel; the prosecution has been conducted, as far as the labor has been concerned, by two, assisted b; the adyice and aid of the District Al torney in person. 1 think, also, the Court May take noice of the fact that the senior counsel for the prosecution has come from the labor of several weeks in the case precediny this, and there are at least an equal strain and iaber on this side. Notwithstanding that, we are ready to enter now on another , and we do not feel that the strain upon us has been so great but that we are able to enter upon the duties of another. It strikes me that among the multitude of counsel for the defendant, if those who took a third prominent part hitherto were relieved by others the strain might be avoided, 4s for the civil suit, I will say I am alse engaged in it, and the prepara- tions and laber of it are on me equally with this now being tried, although I shall have the advantage in the civil suit of the aid of the associate counsel, Mr. O’Cenor. But Mr. O’Conor has been engaged in the trial of a case of unequalled interest and re- guiring unequalled effort. Of course, if when civil suit comes on to be tried, we are on this case it will be a sutticient Treason for adjourning the civil suit, - An additional reason is presented, that there are nu- merous cages for hi crimes now waiting to be tried and that public justice demands that they should be tried first. lapprehend the counsel is not charged with the care of public justice, and if the District Attorney, in the discharge of his duty, sees ft to move for trial this case of misdemeanor, to be sure, by which $6,000,000 was taken from the public treasury, he alone ts to be the judge of what is right. Pubiic force demands that when @ case is en- tered on it should be brought to a conclusion which shall say thata man is guilty or not guilty, anu, therefore, I ask that the case proceed. Judge Davis—I feel sume embarrassment on this motion, which does not arise out of the exhaustion of counsel nor the exhaustion of the Court, which has not been taken into consideration. Mr. Bartlett—-Your Honor is “of age,” as you have frequently told us. (Laughter.) Judge Davis—I will nold this under advisement, and will now adjourn the Court till to-morrow. HOW THE JURY STOOD, Opinion differed very much upon this point, and it would be hard to tell how the jury stood. The Court officials say it was “six of one, half aozen of the other.” Then feeling ran high, and declared that there were eight for acquittal and four only for conviction. Tweed speculative stock went higher even than that, and put the res higher—Tweed eleven and Peckham one. However it was, the “Boss” seemed disappointed, or he simu- lated @ disappointment, whether he felt it or a at the result. He thought hard of the Judge’s charge ana harder of his trusted champion’s eulogium of the Bench—as if that Bench (poe @ hut to crack with the same counsel, TWEED’S REFLECTIONS. ‘Tweed’s Last Joke About the Disagreed Jury—What He Thinks of Judge Davis—What He Is Going To Do About the Next Trial—He Assumes the Philo- sophic Mind. Mr. Tweed went to his office in Duane street im- mediately after the adjournment of the Court yes- teriay, and occupied his accustomed chair at his desk in his private room. He was called upon by a few friends and congratulated that at any rate he was not found guilty. A HERALD reporter called in the course of the day and was cordially received by the ex-Boss. He smiied his accustomed smile when the reporter entered the room, knowing very well what was the object of the visit, “Well, Mr. Tweed,”’ said the reporter, “here you are again, after your weary trial.” “Yes, 1t has been & wearying business, I’m get- ting tired of it, Itis only a@ political trial. There is nothing else in it. I know they will never get a jury to convict me.” “Have you any knowledge, Mr. Tweed, as to how the jury stood on their ballot?” “No. Ionly know what they tell me. What they Say is that they stood eleven for acquittal and two for conviction.” “Eleven and two, that is thirteen. Why, there were only tweive jurymen. How’s that?’ “Why, there was one juryman and a Judge.” “The trial has not taken away your hanit of joking, I see, The Judge was a little biassed, I think. “I think Judge Davis isa very clever lawyer— a very thorough lawyer; but I think he was judge, counsel, Witness, jury and all in this case.” “pid you expect a disagreement, Mr. Tweed?’ “No, Lexpected an acquittal. There is no evi- dence that they can believe to convict me. What itis alldone jor is to harass and persecute me. When they issued a bench warrant they arrested me. They knew they could find me whenever they wanted me, About the middle of the trial I had in- formation from quite a responsible man that one of the jury was in the power of the prosecution. He has several United States indictments hangin, over him for using counterfeit tobacco stamps. knew he would be against me, so 1 was notsur- prised at the disagreement.” “They intend to bring on the new trial at once, I suppose?” “So they say. Well, Peckham has get nothing else todo, Nobody ever heard o! him till he got started in this reform business, and nobody would have heard of him but for that. His father is a very pee lawyer and supplies him with braias, lam old. “You are afraid of the next trial.” “Not a bit. It’s only a waste of time; that’s all. I have got twenty more years to live yet. I'm Time works wonders, they say, and it will work @ change in this, I guessI shall live it all down.”’ Mr. Tweed was busy with several clerks durin, this interview, and the reporter bid Mr. T'weec “Good day,” with a wish that he would speedily get his legal troubles over. HOW THE JURY STOOD. Interviews With Some of the Jurors, A reporter of the H®RaLp interviewed several of the jurors yesterday, Mr. John D. Hamlin was asked how the jury stood on the last ballot. Mr. HaMLIn (smiling)—I have a very, very short memory; but thisIcan say, that not one of the evening papers had It right. ReporTex—But can you not say how they stood exactly? Mr. Hamtry—I cannot and will not. I have determined, as I said before, to have a very short memory on the subject. Butl can tell you this—that you won’t get anything of a single one of the jurymen about the doings of the jury from the time they were locked up. RerorTex—Do you believe that any undue in- fluences were brought to bear upon the jury ¢ Mr. HAMLIN—I can say positively that there were not, a8 far asi know, and I am convinced there were not, anyway. The whole thing bas been a bother tome and fo pleasure, I agsure you. But from what [ saw [ should say that a more NEST SET OF MEN in their convict#ns and towards their vath could not be drawn tégether, The reportet further endeavored to get some br degs Jrom . Hamlin, but he would not give em. Mr. Thomas M. Roche was then seen. Me is a leasant-leatuted gentieman, but was Indisposed talk about the matter. in answer to the ques- tion as to whetner ke would state how the jury stood, he said : "i 1 did so I 'vould be violating s pledge which we all made previous to coming in—not to di' & single thing which took place in the jury room. “this ia @ rather extraordinary course, and out of the usual way,” said the reporter, “Personally,” answered Mr. Roche, “1 should NO OBJECTION TO SAYING anything, but I could not in good faith, But those who have said that only one stood out against Mr. Tweed are miataken. ere was more than one, and were more than two, But further than this Tcannot go. This much I only say because I have heard some interested parties say that only one. out.” “Had Mr. Tweed any friends on the jury?” bt do you mean by friends?” asked Mr. Recie, “Well, do you think that any persons were on ‘the jury who would have stood out inst & COR ny eee of any evidence which might have been breught in?” “ldo not think so. Iam convinced every jury- man on the case, did as his conscience and 18 HONEST BELIEF urged him to do. Iam further convinced that no one on the jury was capable of being influenced by impure motives, A more honestly consistent set of men it would not have been possible te find.” “Can you tell me how many ballotings were cast in the jury room?’’ “From forty to vay Oi “And when had it become evident that no agree- ment could be obtained 7” “From the very first that was clear. We did all re gaale to arrive at it, butiound it was impos- sible.’ “How do yon think the jarymen were affected by the speeches 1”? “I don’t imagine the speeches of the lawyers had anything to do with the result one way or another. The jurymen were NOT OF THAT KIND to be infuenced by lawycr’s talk. From what I saw of them they were men of brains, who could reason for themaelves.” The conversation continued for some timé, and from the nature of the remarks made by Mr. Roche, though he was very. careful to make no succinct statement, it seemed that this gentioman was one of those who voted in favor of acquittal. ‘The reverter then saw Mr. Parker. This gentle- man was very decided in his determination not to Bay anything about the doings in the jury room, He repeated the statement that the jurymen bad made a pledge not to reveal anything which had occurred, and in spite of all attempts to get any fact irom him Ls pba in retusing to say a word, He also id, however, that all the state- meats made thus far as to how the jury stood were WRONG ENTIRELY, He said it was very curious that none of them had struck it right. Mr. Samuel! C. Heyne, who was also seen, refused to say anything at all about the matter. He would neither deny nor affirm any of the statements, Mr, Rockwell, who keeps a liquor saloon, was also seen, and, though willing to converse on the trial generally, would make no decided statement about how the deliberations proceeded. It was evident from the several interviews which the reporter held with the jurymen that however the jury stood there was entire harmony in their action, and that no feeling had existed amon; them as to the various opinions which were held. This genera harmony would seem to point to the fact that none of the jurors were influenced by improper motives, and the jurors interviewed would not even intimate such a thing. Each juror believed the others to be honest, and said so. On Thursday night next all the jurymen on the trial have agreed to meet and have A SUPPER in commemoration of their acquaintance on the momentous trial. Twoor three of the jurors will ask at the supper tobe absoived of their given word to divulge none of the proceedings. ‘These gentlemen are anxious to give their action and an account of the deltberations, as they say, to set themselves right betore the community and prove that the rumors as to “hanging up” and so on are all false and not to be relied on. MURDER IN A BROADWAY SHANTY. A Man Charged with Beating His Wife to Death—Both Parties Depraved and In- temperate—Flight of the Husband. For years past Mrs. Cathame Morgan, an Irish woman, forty-five years of age, has.owned and oc- cupied a tumble-down shanty on the northeast corner of Broadway and Filty-flith street, During @ portion of that time she was a widow, bat eventually she married Josiah Morgan, a man nearly twenty-five years younger than herself, and owing partially to the great disparity of vears between them they failed to live amicably to- gether. Mrs. Morgan, who was depraved and in- temperate before her second marriage, afterwards became more so, and her intemperate habits drove her young husband to similar excesses and fre- quent quarrels were the result. THE PRISONER AS A WIFE BEATER, Morgan often beat his wife so severely that she felt compelled to hand him over to the police of the Twenty-second precinct, and not unfrequently within the last two years has he been lodged in the station house on charges of assaulting his wife. On the 14th of last month Mrs. Morgan had her hus- band arrested for beating her, and Justice Coulter, of the Fifty-seventh Street Police Court, held him to bail in $300 to keep the peace. This warning was not sufficient for Morgan, and evidently had little terror for him, inasmuoh as he beat his wile often after that. A SOCIAL GLASS. On Thursday evening he had been drinking as usual, and while imebriatea two young women of her acquaintance entered the shanty and joined her in a glass of liquid poison, charitably called whiskey. During the carousal that ensued Morgan, in & maudlin state, put in an appearance, and they all drank together and rep § BEATEN WITH A BUCKET. About eight o'clock P, M. the yeung women left, atter which Mergan and his wife became involved ina quarrel, during which, it is alleged, he struck and kicked her about the head and body in the most brutal manner, and concluded by beating her with a water pail or bucket. She became helpless and insensible, and was watched over during the night by Jane Brackett, an old woman, living in the shaaty, she having been a witness to the brutal violence of Morgan. No doctor was called to at- tend the injured woman, and Jane, who was far from being sober herself, probably did the best she could under the circumstances till eight o’clock Monday morning, when Mrs. Morgan died, DISCOVERING THE MURDER. Owing to the stupidity or fear of the old woman, Brackett she said nothing whatever about the death of Mrs. Morgae till about four o’clock in the afternoon, when Officer Bernhelz was in- formed of the occurrence, and, entering the shanty, found Mrs. Morgan lying dead on a miser- able excuse for a bed, evidently having marks of violence about the face, head and body. The matter was immediately reported to Captain Kil- lilea, of the Twenty-second precinct, who de- spatched officers in search of Morgan, but it was learned that he had disappeared early in the morning, and fears were entertained that he had left the city. Captain Killilea informed Coroner Keenan of the murder, and placed an officer in charge ef the corpse and shanty till suck time as he might be relieved by the Coroner. Probably the remains of Mrs. Morgan will be re- moved to the eae to-day, and # post-mortem ace tt order to definitely determime the cause of lea! THE ONLY WITNESS. The only witness to the assanit, the woman Brackett, was taken to the Forty-sevenih street police station, and there detained to await the Coroner's investigation, which may not take place for two or three days. Last evening Captain killl- lea felt quite sanguine of being able to trace Mor- | gan te his hiding place, and no 3 or expense | will be spared to secure him. The deceased left no children, at least by her jast husvand. Officer Charles McDermoit, of the Twenty-second precinct, arrested Joshua Morgan at a quarter past Nine o'clock last night, FIGHTING OVER A GRAVESTONE. The Victim in a Dangerous Condition— Seco: Day's Examination of William H. Dunning, Charged with a Mur- dereus Assault on Garrett Kavanagh. Yesterday the second day’s examination of Wil- liam H. Dunning, charged with a murderous as- saulton Garrett Kavanagh, was held before Re- corder Parcells, at Astoria. Hermann Byer, M. D., testified that he was a practising physician in Long Island City; that he had attended the wounded man, and that he was suffering from facial neuralgia of the left side of face; that the man is suffering from a blow; at present he {3 Suilering from paroxysmal neuralgia, which may lead to dissolution at any time. Dr. Dennier correborated the testimony of the previous witmess. He stated that he had been called into consultation on the case and found an enlargement of the nerves that branch over the eye; also found on the same side or the skull a de- pression of the outer table; he found paroxysms, or convulsions, caused by the intammation of the membrane of the bruise; softening of the brain will inevitably result (rom tue wound, and will be | followed by de Patrick Ka’ zh testified that while Garrett Kavanagh, the foreman of the monument shop of Sd ane, was selling @ Man a monument the prisoner, W. H. toy came up and offered tosella similar monument li less, which led to the controversy; Garrett told Dunning that he must not interiere with his busi whereapon Dunning graxped a stone and struck Kavanagh on the head, following up the blow with one from # beavy ptoue-cutter’s malics which he bad jn his other hand; the prisoner immediately ran away, and me Wounded man was taken into the shop in- Ie. ‘THE PRISONER TESTIFIES. ‘The prisoner, William H. Dunning, testified bard follows :—I reside at Hilsevilles Long isiand City; am the defendant; I know Garrett Kavanagh; ! had a didiculty with him about a gravestone; it occarrea in Ryan’s yard, where 1 was at that time | at work; Garrett Kavanagh worked in the yard ad- | joining, belonging to his brother, 8, J. Kavanagh; | there were two gentiemen with me buying 8 monu- | ment; they gave their names as William W. Woods and John J. Woods; Garrett Kavanagh came to the yard where I was talking with the men and ex- pressed the word, referring to me, ‘that son of a b—h don’t know anything about that, and don’t know how many inches there are on the rule; the men answered, | “We have bought the monument, and itis none of | Jour basiness;”’ the gentiemen then wert up into | the cemetery, and shortly after I saw them return- | ing with Kavanagh, and go into a satoon together; tiey then returned and told me that they could geta similar monument for $50 less; soon, while I was at my work, Garrett Kavanagh struck me on my head, then on the forehead, and then again on the head; as I looked up I saw blood on the head of Garrett, whioh was runping down his forehead; I then caught him by the arms; this happened in Mr. Ryan’s yard; I called for the men to take Kay- anagh off; he then said, “I will make you leave the island; James Lyn in, Mike Meskel, William H. Whitehead, Charles Russ and George Greene held him until | got away; as | left the shop I saw Stephen Kavanagh, his father and his two sons; they had pistols and clubs in their hands and sey, made the expression, “Now I will fix you,” I then went home to bed, and was unable to work for two months after; I did not have a stone in my hand; had @ sinall chisel and a mallet; he struck me before he said a word; there was no struggle between us; I did not strike him; the mallet might have hit him in the struggle; imme- diately alter the assauit 1 went home as Jast as my jegs could carry me. Adjourned, ART MATTERS, ashanti Mrs. Hazard’s Reception, Reference has on more than one occasion been Made to the art reception in contemplation py Mrs. De H. Hazard, the scuiptor. It will probably take place on the evening of next Monday, at the rooms of Mrs. Hazard, 50 Union place, on the northeast corner of Fourth avenue and Seventeenth street. The proceeds are for the benefit of the Greeley Monument Fund, and the exercises will consist of addresses, recitations and vocal and instrumental music. The Rev, Mr. Bellows and other warm espousers of art will be present and there can be little doubt that the entertainment, held, as it will be, among the best creations of Mrs. Hazard’s chisel, will be more purely an art celebration than nine of any ten similar affairs, Those who desire further information may apply to Mr. 8, Silsbee, Secretary, 21 Park row, and all who de- sire on the opening evening to subscribe to the Greeley Monument Fund can do 80 through the instrumentality of Mr. W. W. Niles, Mrs. Hazard’s statuary includes ‘“Abandonata,” a group of three figures of rare Cristola marble, onaverde de Genoa pedestal; ‘La Pace Gene- rosa,” also @ group of three figures, of Bedoulla Marble, with pedestal of rare Pavonazzo; *‘L’Es- pérance,” a single figure of Cristola marble ; ‘‘Sum- mer” and “Autumn,” two single figures, executed in Varrara; ‘Rustic Felicity,” two single figures, with verde de Genoa pedestals, and a medallion pein of the Princess de Piemonte, future Queen o Ie Art Sale. ‘The pictures sold yesterday and Thursday at the Art Gallery of Edward Schenck, 61 Liberty street, Tealized tue following prices :-— FIRST DAY'S BALE. Fruit, $8 Caught by the Tide, $18; Peaches, $13; Cherry Pond, N. H., $9; Marime—Rye seach, $5; Landscape, $18; Rockaway Beach, $26; Flowers, $26; Companion, $26; White Moun- tain Scenery, $22; Gleucester, Mass, iH Twilight, $46; ‘The Little Geoseherd, $43 Golden Gate, Harbor of San Francisco, $27 Companion, $27; Cape Ann, $21; Landscape, $93 Preparing Dinner, $56; Tropical Scene, $28; te light, $63; Waiting lor the ‘rain, $52; Meal Time, $97; Winter Eve, $70; Linda di Chamounix, $78; Summer Morning, Morristown, N. J., $37; London, $81; Antwerp, $81; Chickens, $32; Sun- set, $75; Street ene in Brussels, $80; Autumn Morning—Adirondacks, $77 5@; Coast Scene near Gorkim, Holland, $126; Harvest in Ulster County, $75; The Toy Dealer, $117 50; Autumn near Great Barrington, $40; The Intruder, $120; Sunset near Utrecht, $98; Pets, $98; The Little Housekeeper, $96; SI Nahant. $37 50; He Won't Hurt You, mont Plain, near Great Barrington Countersign, $110; Summer ‘l'rophies, Farm House, $15; View in Glen Ellis River, $15; Strawberries, $12; Regulus Leaving Carthage, $70; Lake Come, $65; New York Homestead, $21; Happiness, $92; Old Lane in Surrey, $97 50; Sunset at Bape ‘Ann, $07 50; Choice Fruit, $45; Old Home- stead, $29; Marine, $20; Hudson River, $14; Roses and Morning Glories, $45; Marine, $17; Seeking Shelter Inside Sandy Hook, $17; M: Sherwood Forest, $2750; Companion, $27 50 tle in Snow Storm, $47 50; Marine, $31; panion, $31. SECOND DAY'S SALE. Black and Tan, $17; Sunset Marine, $33; Marine Moonlight, $33; Marine, $11; On the Hudson at Croton Landing, $20; Have Some, $90; Catskill Lake, $77; Begging Expedition, $122 60; Yar- mouth Beach, con The pag es $30; On the Hudson near Catskill, $115; Fowis, $125; Silver Lake, Wyoming County, $60; Dogs at Rest, $90; The Fiower Girl, $87 50; ‘The Wheel- barrow, $75; Ida Mountain, Vi, $55; ‘The Wood Gatherer, $177 60; Near Tours, France, 00; Near Lennox, Mass., $165; Temptation, $122 50; ‘lower Composition, $100; The New Dolly, $125; Sunset in the Alps, $55; The New Novel, $127 50; Early Morning, pian ‘the Young Kecruit, $135; rei Twilight, $80;' Children at the Well, $100; The ‘Alhambra, $lle; Falstaff Mustering His Recruits, $180; Farmington Valley, near Avon, $225; The Promenade, $300; Lake George, $187 50; St. Marks, Venice, $260; Early Morning, $150; The Young Mother, $400; A Bit of the Housatonic, $260; The Connoisseurs, $260; September Snow, Grafton, Me., $250; A Case of bribery, $230; Eglise St. ‘Denis, Paris, the Procession Before Mass, $35; The Setter, $180; Housatonic River, $75; Grandma’s Luncheon, $410; Evening on the Severn, $160; Morning News, $390; Market Scene, Candle Light, $360; Coast Scene, $320; The kdge of the Forest, $105; The First Pantaloons, Gathering Apples, Goshen, N. Y., $160; The New Kite, $340; The Escape, $270; Company Cooks, Drummers, &c., $125; The Armorer, $250; Kept in School, $265; Bay of Naples, $220; Lady and Parrot, $165; The Broken Pitcher, $100; Roman Campagna, $225; Near the Four Cantons, Switzerland, $150; Fruit, $75; Landscape, $107 50; The Wood Path, Elizabethtown, Adirondack, $45; Flowers, $50; 'Tis but a Little Faded Flower, $40; New York Bay, 13; Lake im the Austrian Tyrol, $: Frait and Vine, $21. Foreign Art Sales. Alma Tadema is engaged on several pictures, one of which may appear at the approaching Royal Academy Exhibition, The most important is fin- ished, and represents the last effort to save the life of the first-born son of the King of Egypt from the effects of the warning given by Mo: Tadema has also three other pictures, styled, respectively, “Greek Wine,” “A Roman Dinner’? and “The Siesta.” Mr. Poynter has completed the upper and larger portion of the fresco he has had in hand in St. Stephen’s church, South Dulwich. The work isa fine fresco—a very rare thing in Great Britain, The Earl of Devon has accepted the post of Prest- dent of the Annual Congress of the Royal Archwo™ logical Institute to be held in Exeter in the ensuing Summer. At the latter part of Decembér died, at Toulon, M. C. E. Vacher de Tournemine, He was born at Toulon in 1314, became pupil of E. Isabey and made his début in the salon of 1846. His pictures were chiefly landscapes, and among his earlier works were souvenirs of excursions in Normandy and Brit- tany. At che beginning of the Eastern war he went to Turkey and painted pictures of Oriental themes, Among these are “Oise: Pecheurs en Asie,” “Flamants et Ibis” and “Ebats d’Oiseaux Pe- cheurs.” Tournemine was conservateur-adjoti the Luxembourg. Among the Old Masters’ pictures now exhibiting at the Royal Academy, London, one of the most worthy of admiring comment is Mr. Fuller Mait- land’s famous panel, “Christ’s Agony in the Gar- den,” by Raphael, It was painted about 1504, and is therefore Perugenesque. Christ kneels against rather than upon @ litte hili, against which also reciine the sleeping Aposties, An angel descends and presents the cup of agony. Judas is seen ap- roaching with armed men, hills and a town are in he distance, The work is intensely pathetic, re- markable tor delicacy and completeness of finish, and powerful and rich in color. With respect to the fact that in the tablet in the background of Albert Durer's ‘“Melancolia,” the figures from one w sixteen are 80 arranged as to produce @ total of thirty-four, whereon the observer can get a line of {0% pum. bers, and that the same eifect is pro- duced whenever the figures are read di- agonally, ® note writer to the London Atheneum remarks :—‘The tablet, however, presents many more p®momena than these. If it be cut into tour ry Squares each square will yield thirty-tour. e four corner figures of the tablet ad to- gether give thirty-tour. The four central figures fa tablet give thirty-four. And sttil further, @ any square of nine ligures that you willin the tablet and you will find that the corner figures in said square yield also thirty-four. These facts, ob- served by two friends and myself last evening (January 7), led to the further observation that the SLAVERY IN CUBA. —_—-+———_ An Address to the President and People of the United States by the Cuban Anti-Slavery Committee, A Special Appeal to the Freed- men of This Country. ‘The foliowing address was prepared yesterday by the Cuban Anti Slavery Committee of this city, of which Mr. 8. R. Scottron is Chairman and the Rev. Henry Highland Garnet, D. D., Secretary, and will be disseminated within @ few hours over the length and breadth of the land:— THE ADDRESS. To THE CITIZENS OV THE UNITED STATES: — The Interest of freedom, humanity and Christian civilization demand your attention, ‘The existence ot slavery in the Island of Cuba and the suiferin: condition of more than five hundred thousan human beings has undoubtedly attracted che atten- tion and enlisted the sympathy 01 a large portion of the American people. The unsettied condition of affairs in our own since the ciose of the rebellion, setthng questions of great magnitude both in regard to our foreign re- lations and internal improvements, has diverted the attention of a large portion of our citizens trom. the war that has been carried on during the past four years between the Cuban patriots and the Spanish government, We believe that the time has come when an expression of sentiment on the part of our people on the alfairs of Cuba is de- manded in behali of liberty and right. A respectable number Of men of that race who have been so recently, invested with the rights of freemen in our own Kepublic, and who from their past condition are. particularly able to sympathize with the oppressed and down-trodden in every Jand, have taken action in order to bring this sub- ject Aare the people and government of the inited States, FOR OUR OWN DISENTHRALMENT and enfranchisement we are truly grateful, but we cannot rest while slavery and the slave trade exist at our very doors. We regret exceedingly the in- human traime being carried on under a foreign government, and that the question of emancipa- tion is Lhnked y, but a8 in our own land during our late war there were two parties, 60 there are two parties in Cuba—the one endeavoring to establish freedom and equality and the other to establish slavery and the slave trade, Under these circumstances the question of Uberty is inseparably connected with the cause of ‘one Of said parties, and as in this country all lovers of liberty and equality were obliged to support the army et the Union, 80 IN CUBA ARE WE OBLIGED TO SYMPATHIZB with the army of the Cuban patriots. They in the commencement of their struggle inscribed upon their banners “liberty and equality to all the in- habitants,” while the army of Spain has made it- self conspicuous only ior the energy with which it has endeavored to perpetuate the institution of slavery, and has committed barbarities that are a foul blot upon the nation’s history and a shame to the century in which we live. The patriot army has now strugg'ed more than four years under disadvantages to which a icss brave and determined people would have succumbed, and, though the cause of liberty has often been im- periiled, they stand to-day strong and united, and ASK NOTHING OF THE WORLD BUT AN EQUAL CHANCE with that of their oppressors, in order to secure their final triumph. It is for the people of America to decide whether or not our sympathy shall be extended and an equal chance given to freedom with slavery and the slave trade. Citizens of the Republic, and in particular the maging who have so recently par- taken of the fruits of treedom—the voice of 500,000 fellow men, bent beneath the iron hano of slavery, pndegoing haraships in many cases exceeding the horrible practices in our own land in days gone by, @ppeals to you for aid. It issincerely hoped you will not be deal to their appeal. The following petition will be sent to all who are pote gente to assist in securing signatures, to be pre- to our government at an early day :— 1 Unysses 8, Grant, President of the United petitioners, citizens of the United States, duly e, gratetul for our own disenthraliment and entranchisc- Ment, fully comprehending the genius ot free govern- ment, and heartily sympathizing with the oppressed in 'y land, have the honor to call your attention to the tence of slavery in the island of Cuba, and 1% condition of more than five hundred race in consequence thereof. The repeated a Violations ot the most sacred treaty obligations and broken faith of the Spanish slavery in Cuba, running through a period of more than twenty years, is sufficient evidence that slavery and the slave trade will be perpetually continued in evént of the triumph of the Spanish arms in the war now going on in hat island. We rexpectiuliy submit that we nave the fullest assurances that in event of the triumph of the Cuban patriots the benenit of treedom will be secured to our enslaved brethren. We wouid therefore pray that the government of the United States accord to the Cuban patriots that tavorable recognition to which a tour years’ fallant struggle in the interest.of freedom justly entities hem, The present movement, which is the spirit of our national constitution, is not confined to race, color or previous condition of servitude, and therefore itis beeping hoped that all classes of the Irienas of freedom in the United States will co-operate with us in the work of arousing the indignation of the christian world against Cuban slavery, so that its destruction may be speedy and complete. . KR. SCUTTRON, Chairman, HENRY HIGHLAND GARNET, Secretary, WHAT THE COMMITTEE INTENDS DOING, Mr. Scottron and the Rev. Dr. Garnet leave this city next Monday for Philadelphia, Baltimore, Washington and all the principal Southern cities, down as far as New Orleans, for the purpose of holding Cuban anti-slavery meetings and obtaining signatures to the address tothe President. It Is also probable that the gentlemen just mentioned will Wait upon the President to urge the claims to liberty of the Cuban slaves. the suger- joverment in regard to THE HAVANA SLAVE MARKET, —— The following list of slaves for sale is taken from the Diario de ta Marina ot Havana of the 21st of January, and is in the same column as is that of horses, bonds, &c., for sale. Some of the slaves are offered to purchasers in company with a hand- some black American horse which can go in single or double harness :— A negro girl, nineteen years old, of very prepos- sessing appearance; good waitress, kind to cuil- ee end @ good needlewoman, Apply Virtudes 0. A female servant, thirty years of age, and her son, eight years old, of very endearing manners and can be taught to do anything. The mother can cook, wash and iron well and has been twelve years in her present position. Appiy Acosto, No, A beautifal negress, twenty years of age; excel- lent washerwoman, hairdresser and general house servan: negress, fourteen years of age; can be taught anything; costs $400; a mulatto woman tad wash and iron well. Apply St. Nicolas, 10, 42 Two negresses, each twenty-one years old; one can cut out and sew well, and is very tender to children, and the other understands cooking and scullery work. A superb(‘‘Arregante’’) young negress, good cook and laundry woman. Apply Gaiiano, No. 72, cerner of San Mic! . An honest negress Otay and a mulatto hind of thirteen years of age. Appiy Picota, No. 33, Cuban negress, very faithiul apd humbie, also healthy and serviceable for any work; cost her master $700. Apply Calle de Luz, No. 73. To be sold at her own request, a most gentle and irreproachabie egress; cost her owner $785; good cook, &c. Apply Valle de la Marinan, No. 46. Two young girls, one eignteen years old, good washerwoman, of excellent character ; gained $54 @ month in service for the last nine months ag nurse ; the other girl is rien to cook and very intelligent; both very good looking. Apply Chacon street, No. 2, A Congo negress for fleld work, very humble, thirty-flve years of age ; can cook and wash; price, gee ein dei Cerro, No. 508, negress, twen' Can be seen at Obrapia, No. 8. sabes, juest, with her daughter, pot eighth, at her byte ' aged el a aoa resser and gette: fine linen; would be useful to a French lady ;very humble and submissive. Apply San Pedro 2. Price $800—A healthy at) of twenty-eight ‘ears, accustomed to sto) deors; without any jemsh ; very good heart Apply Calle de Luz 58. A negro coachmaa and two fem: aged'25. and is, Apply Salud street, 43. pid acy Must be soid—Four young, handsome and moral negresses; all good servants; can be had on trial; also @ fine American black Horse; will go in single or double harness, Apply corner Angeles street. t was telmomtniiovane’ ine hegress, aged twenty- ; ry evi 82 Corral street. nealyrcirenveecee Just arrived from a plantation, a Cuban negress, aged fourteen years; there is no other negress 80 robust or lusty a3 she 18; she can endure any plan- tation work, and can plough as well as any man. Factory street, No, 1. THE WRONG MAN. New York, Jan, 31, 1873, To THE EpiTor or THR HERALD:— Deak Stn—In your to-day’s report relating to the theft of my gold watch and the commitment of the thieves, 4c., you inadvertently connect wrongly the name of Ernest F, Ebert with the said thieves, ‘as being aiso identified,” &c. In justice to Mr. Ebert I will state that only throngh his assistance the een ‘of the figures was made on the follow. ng | bmp om yn :—The four highest and the four low- est figures of the sixteen were grouped in the form of the Masonic embiem of the intersecting com- passes, while the intermediate eight took the shape Of two intersecting ares of circies.”” thieves were identifed and held. Mr. Ebert is a highly respected citizen in Morrisania and my neighbor, By correcting this mistake and givin the same prominence as to-day’s article, you wi! act justly and much oblige. Yours truly, *USTAVES LEVY. 5 CUBA LIBRE. AN EXCITING SCENE AT KEY WEST. Cuban Patridts Subscribe $13,233 Towards An- other Expedition—Women Give Their Jew- elry and Men Their Houses—Honors to General Aguero, the Commander of the Cuban Steamer Edgar Stuart. Key West, Jan. 23, 1873. Shortly after the arrival of the Cuban steamer Edgar Stuart here, after landing her cargo of arms and munitions of war on the coast of Cuba, a public meeting of the Junta was held, at which over seven hundred Cubans assisted, General Melchor Aguere, who commanded the expedition, was presented tothe Cubans by Dr. Ramos, the President. of the meeting, and his reception was of the most enthusiastic description. The excite- ment and applause was intense for many minutes, and when order was obtained Mr. C, D, Poyo in feeling terms alluded to THE DEADLY STRUGGLE now being carried on in Cuba, and praised the patriots for their noble contest tor the abolition of slavery and for their rightsas freemen, A high compliment was paid to the names of General Aguero, who had go successfully commanded the Edgar Stuart expedition, and of his brave volun- teers. Ahope was also expressed that President Grant would come to the rescue of “Cuba Libre,’” which had been struggling for over four years, and crush out slavery. For the fitting out of a new expedition 1t was determined to start a subscrip- tion list, AN EXCITING SCENE. Rich and poor rushed forward to put down thelr nameés as subscribers, and among the namber were ladies by birth and education, driven from Cuba by Spanish tyranny, who now gain a weekly pit- tance of three to five dollars a week as tobacco strippers. One old lady of sixty-five years of age, gaining $3 a week, put down her name for $2. Others put down their watches and rings, while four individuals gave their four small houses to be sold for free Cuba, A gentleman remarked had Isabel La Catolica, who gave her jewels to help Co- lumbus to equip his ships to discover the New World, risen rom her grave, to see the descend- ants of old Spain giving their jewelry to chase the Spaniards from the island of Cuba, the good woman would have been astonished, The total amount Subscribed in money, houses, jewelry, <&¢., amounted to $10,000, nearly all the donors being working people, EQUIPPING THE STEAMER FOR A NEW EXPEDITION. The storekeepers of Key West were not talé Meanwhile, for they sent on board clothing of all descriptions, preserved meats and tobacco, of an ag- gregate value of some seven thousand dollars. Cu, bans in the street took off their coats and hats and deposited them on board the Edgar Stuart, think- ing that should the vessel return to Cuba the cloth- ing would be useful to the bold patriots. 4 HUNDRED CUBAN VOLUNTEERS. Over a hundred men trom Key West, whose agee vary from fourteen to sixty, have signified their intention of being ready to join the patriot ranks when their services are required, The protits of the bazaar lately held at Key West are $3,232, which will go, with the $10,000 just al- luded to, to the equipment of a new expedition. The Cubans speak with gratitude of the New York HERALD for espousing the cause of ‘Free Cuba,” and admire the indomitable courage of ita correspondents, Messrs. Henderson and O'Kelly, MUSICAL AND THEATRICAL NOTES, Mark Twain is charitable. Last night he led tured for the benefit of the poor of Harttord, Miss Howson has aroused the enthusiasm of Cincinnati critics with her good singing and her irrepressible good humor, St. Louis critics are tearfully awaiting what they call the “stage-speech criticism of the critics,” from Dion Boucicault, who will play in that city next week. Mrs. Oates, Who was at the National Theatre, in Washington, at the time of the tire, with her comic- opera company, lost the entire wardrobe and all the propertics used in the opera of “Fortunio.) She is determined, however, to repair her loss and have her company performing in less than a week. Mr. J. B. Roberts, the /hiladelphia Age says, plays Mephistophetes as ‘a mocking, seducing, impish devil,’ and thus deprives lit of some of the atramental attributes that had hitherto been applied to him. E. L. Davenport played Sir Giles Overreach in “A New Way To Pay Old Debts” at the Chestnut Street Theatre, in Phiiadelpbia, on Thursday evens ing. The Age says the performance was “vivifled by flashes of genius and bits of nature, and the | concluding scene terrible in its painiul reality.” ‘The character being so difficult of expression, tow actors have attempted to play Sir Giles Overreach, The greatest tragedians have tried to make it thefr masterpiece. Booth and Kean rivalied each other in it, and created great interest by their perform- ances at the same time in London, Rubinstein has found # couple of remarkable: pianists in St. Louis. Ata private entertainment at the Conservatory of Music there on the 22d ult. the Kunkel Brothers played his “Fantasie” in a style that drew many exclamations of surprise and ddmiration from the grand artist. When they had ended their performance Rubinstein said to the pianists:—“Gentlemen, I must make you the com- pliment to say that this is the best two-piano play- ing I have ever listened to, and it is the first time J have ever heard my own composition performed, except when I myself assisted. You have given me @ new and delightiu! pleasure, too, for 1 now can see myself a3 a composer as well as a per. Jormer.”’ At bis request the Messrs, Kunkel re- peated their performance, and he advised them to go to Europe and give concerts. On Thursday evening a curious and startling scene occurred at the Grand Opera House, near the end of the bast act of ‘The Cataract of the Gan- ges.” One of the horses, becoming unruly, be- gan a series ef plunges and gyrations, which ended in his first balancing bimsel! upon his hind feet and finally performing a somerset, which landed him in the middle of the orchestra, to the terrer of the instrumentalists and the damage of the violon- cello, AN uproar was instantly created in the house. Men rose en masse, boys shouted and wemen screamed and fainted. The orchestra players vanished like mice through the doors be- neath the footiights, and the rider of the steed Managed to escape unhurt. The horse meanwhile remained the sole occupant of the orchestra, and, after being somewhat quieted, leat refreshment to the remainder of the performance by 4 series of sounds thas were probably the expression ol equine amazement and dismay, and would be more intelligible to Mr. Bergh or Mr. Darwin than to any one else. When the curtain (ell there was a unani- mous “wait” om the part of the audience, and an obstinate disposition was evident not to budge until curiosity was satisfied as to how the animal would be removed. The audience last night was very large, owing, doubtless, to tbe public's desire to learn whether the orchestra had been impro- vised into @ stable, The leader, however, sat at his usual desk; around him were ranged his melo- dious satellites, and how that horse was got out of the orchestra remains as much a mystery as how the apple gets into the pudding. TOUCHING THY TEPEAQHMENT OF A BROOK: The three or four gentlemen who call them- Selves the Reform Committee of Fiity occasionally hold @ seeret session so: here and read varioud reports which they hi and pass a variety of resolutions for the reforms tion of the management of the various pubild offices about the city. It is reported that at oud of these secret sessions these gentlemen passed & Tesolution requesting two lawyers to draw t of wapeacament agalust District Attorme twe iawyers im question will not instructions, but the District Attors ney says li ready for the fullest investigatiog in his oficial carver at any time. The