The New York Herald Newspaper, February 9, 1873, Page 6

6 ~ STOKES’ LAST APPEAL. The Application for a Stay of Proceedings. The Whole of the Objections Reviewed by Prisoner’s Counsel. THE CASE . SUBMITTED. ———e Judge Davis Reserves His Opinion. INTERVIEW WITH THE CONDEMNED MAN. In accordance with Judge Boardman’s suggestion to counsel in the Stokes case presenting a bill of exceptions and the concurrent motion for a stay Of procecdings—thut the latter m ght be prescuted pnd argued beiore another Judge of the Supreme Court while he held the billot exceptions forreview and decision—ihe motion ior the stay of procecd- ‘Qngs was argued yesterday, Judge Davis, after taking his seat in the Supreme Court Chamers, Notified tue counsel on cither side that he was pre- pared to listen to the argument of counsel in the vase, The court room was crowded throughout the day by professional men more than by any-sec- tion of the class oi people who watched with such Heep interest the proceedings when the trial proper was in progress. In these discussions of the questivn so vital to the prisoner he is never present, and probably aiter the long strain upon their mentai and emotional teeiings and with that feeling of hope long deierred which maketh the heurt sick, there was only one or two of Stokes’ more intimate friends present during the tedious proceedings involved in tue argument of counsel. . MR TREMAIN'S ARGUMENT. Mr. Tremain began his argument by referring to the fact that, though Judge Boardman and Mr. Beach, associate counsel for the people, had both Bupposed that this application could be made with- Out notice, they had, for more abundant caution, given notice to the Discrict Attorney. Mr. Justice Davis was clear tuut this notice was Necessary aiter judzment. Mr. Tremain resumed, arguing that a stay of Proceedings should be granted in all cases where ® doubtiul question was presented, either by ex- ceptions in the bill of exceptions or in ex- trinsic matter not appearing directly in the bill of exceptions. He cited various cases to show hat if there were any material doubtiul questions the Court was bound to grant a stay of proceed- fings until they could be decided by the appellate ‘tribunals. He cited especially Foster's case, in which the Court of Appeals, in view of newspaper condemnations, had, while sustaining the case, @pproved in words the granting of a stay of pre- seedings, and had said that no question could be trivial ine capital case. This case was remanded by the Judge who triea it to the Judges of this district without prejudice, and he Bhould not insult this Court by warning Wt ‘against popular clamor and prejudice, There were two bills of exceptions in this case, and he claimed that both of these were properly beiore the Court, There was @ special plea put in by the defendant, containing seven different pleas, arraigning the composition of the Grand Jury as having oveen so made up as to make it no Grand Jury at all. On six of these pleas de- mourrers were interposed, but on the seventh, averring prejudice to the prisoner, a trial was had, nd on that trial the Court (Judge Cardozo) took the matier away irom the jury, but in doing so Batd that the question was so doubtiul that, should the result of the principal trial require it, it would be prover to give wu stay to have It decided. Here was a judicial decision by a Judge of tunis very Court that the question was ne Of such deubt as to require the approval of a Riguer Court, He argued that the matter was ma- ferial. “he oniy case doubting this was Freeman's ase, arising On a trial ol tue present. insanity of the prisoner. That was not a plea which would juash the indictment, but merely defer the trial, ‘his Was very different irom the case of a special plea. He cited a case where the prisoner had con- fae that a special plea of previous trial be tried the Court, and the General Term had held that this was error and tiat the prisoner couid not waive his right to have the special p.ea tried by a "ys In this case the Court had been asked 0 let it go to the jury and had been requested to charge the jury, had adimitted and assumed the trutu of every jegation of the jury, but had, peverthel taken the case from the jury, yet ha Btated that it Was a proper cuse for a certificate of pppeal. = nn IN THE PEOPLE AGAINST GRANT it was held that a prisoner was equally entitled td jee by jury on « special piea as un a plea in bar. his & trial by jury, and could this matter be called frivolous? Tne then counsel, knowing that there had been no pete triai, prepared a ecial plea, which he presented to Mr. ustice Ingraham. But Mr. Justice Ingraham Buinmariiy struck it out without requiring the Prosccution to piead, That fact aid not appear on jhe bill of exceptions, but would appear by a cer- Wiorart in diminution of tie record and could pe so reviewed, genre geste to present the ex- ceptions un the trial itveli, and claimed that not One, but ten, of these exceptions were fatal to the frial. He selected two principal chauenges to ors—those to Manchester and Lysaght. They te admitted they had opinions formed, and yet th were allowed to sit as jurors under these ex fF tions. Munthester admitted that he had said if he “went on the jury he woud hang him quicker iis lightning,” thouzh he said tuat was a joke. 18 OWN statements were stronger than tne state- ents whictrwere held to disqualify a juror in ine Cancemi case, and this case was but one ef twelve, The question then came ou the CONSTITUTIONALITY OF ‘THE JURY LAW, pnd this was no light question. He was free to By, that, coming iresi from the first Hall trial, he ad been at first in tavor of it, but he did not ex- ect BO BOON to see an Lilus' ration of It like this, here three of the jury were found thus proeju- @iced, Le had received that very morning oy express @ decision given aiter very thorough dis- cussion that a similar provision of a statute ot Tennessee was unconstitutional, The constitution of Tennessee on this point wus little more thana re-enactment o1 the United states constitution, Judge Davis inquiréd if he meant that tne Cuited Btates constitution in this respect controlled tue Btate Courts ¢ Mr. Tremain replied undoubtedly it did; and though ke had no authorities to produce, that nad been the expressed opinion of several of the Unt- ted States Judges. It was one of muny rigits se- cured by the constitution of the United states bat pot specially mentivued tu the te coustitution, Judge Davis askeu tf this question was not now beiore the General Term o1 this district. Mr. Phelps said it was, but was not necessaril, Invoived if the case which had been argued, whic! might be decided in other poiuts. Mr. Tremain said at least it was a question Which was o1 gravity euough to go to the Vourt of Angee - e Court here took a recess, AFTER RECESS. Mr. Tremain resumed bis argument. He passéd over the exceptions to the evid-nce and tuok up the exceptions to the charge, amd first to th» Judge's charge that the tact of the killing being roved the law presumed it was murder. (Mr. s Passos read the words of the charge on this Dont) Mr. Tremain continuing. said that was not the ‘aw in tuis State, It was true that the jury might fer premeditation frem the deadly weapon or ‘om the circumstances; but that was a diferent hing from the proposition of the charge tuat the law presumed murder from the killing, Judge Gould had made a similar ruling, and the Court of ree had expressly and directly overruled his Fullng, amd had bela that though fem circamstances Che jury might tufer premeditation, the law dia Pot throw on the prisoner, trom the mere fact of fhe killing, the necessity of proving a negative— Ghe absence of intent to kill. (Nelson's case,) He recalled in this connection the prisoner's testi- mony as to the suddenuess and unexpectedness of Bhe meeting, and the Judge's charge that the risoner’s testimony must be received with eat distrust, and argued that ander the charge the necessary result of any killing, where here were no witnesses—and in this case eamond had fled and Hart was perjured— as @ verdict of murder in the first Gegree, whatever may have been the real facts, Tne jury must find the intent to kill; they cannot relieved from that duty by any presumption of jaw. Noteven the common law, which did presume malice, went 80 far as “hat, and under onr statute the cases held that there must be a finding by the jury of a premeditated design to killin Jact and not & mere presumption of law. TUR NEXT EXCEPTION ‘gras to a refusal to charge. He felt the hardship of are case, hulding that the premeditation hich constituted the crime of murder miht be gormed instantaneously, especially in view of the Clearly ‘accidental character of the meeting. In Tia case ho accepted the case as law, but he haa Aovired wo briny clearly pelore tye jury that of NEW YORK HERALD, least the premeditation was complete and the tn- tention fully 1ormed when tie uct wus don He bad asked the Court to ola: ge this, but tie Court had simply Charzed in tie words 0: Clark's caso, which simply said that no paiticular time was needed. TAR COURT SPEAKS, The Court thought that the request sought to ‘n- troduce an elemento time excluded by tue Court of Appeais, and thoagh as a new question he would agree with Mr. Trewin, yet be was bound by its decisions, Mr. Tremain said he thought there was no incon- sistency between his proposal and the decisiva of the Court ot Appeas, His NEXT PuINT WAS that the Court had introuuved a theory a3 to the pisiol ound on the stairs, which no one vad sug. gested before—namely, that the pi-tul Kuvd vy Jenny Turner and others was in ‘act tie prisoner's pistol. Itdid rec neile soufe of the testimony, Dut at tie expense o! cnarging the p:isonar with per- {ay aud of less importance, contradicting ‘thomas art, It was really a hypoiiesis unwarranted by the evidenve, and the sngiesioi by tac Court of such an hypothesis was well settled to be good ground fo: a new trial. Heclaimed th.t the charye was substantially saying that it reconciled more evidence to sty tuat the prisoner Committed per- jury. He insisted this was a grave injury to the prisoner, * He wluded to the Mr. Stokes was asket up of questions in which 8 tO procerd ngs before the Courts, He claimed that of all these matters the record was th. only true evideuce, Le also claimed that the quewtions to the boy who was introduced to impeach Hart's testimony as to his conviction of crime as expressiv condemned in Reai's case. The allowance of the reading of tne minutes of the Grand Jury in evidence to show tiat STOKES AND MANSFIELD HAD BEEN INDICTED FOB BLACKMAILING was, he argued, a great injury to the prisoner, es- pecially where there was an utter ja lure to in an. way show tht ut che tune Mr. Sto'.es know of it. He tonisted that this Was utterly incump tent aad Was prejudicial, proving u distiaict caarue agaist the pusoner, while. the cros-examination fa failed to show the character of the witnesses on whose word the tadictment was jiound., The Judge re- fused to permit the deience to show threata of. Fisk untess tie prisoner was informed of them, but permitted this indictment to -be proved without showing the prisoner’a knowledve of it. The Court had also excluded questions as to the nervous condition of tue prisoner's mind, excited by threats of Fisk, and otuer causes 1e- lieved by him to arise from Fish, Jor some time back and before the actual occurrence, Counsel called attention to the various cases of such exclusion and then continued :—these ex- ciusions seemed based 01 two grounus—one that it was previous to the s>voting and the otier that isk was not shown directly to have caused the acts. He submitted this was plain error, The questin was not what l'isk had done, but what Stokes believed about it. He cited the case of Rector, who was aliowed to pine that there had been’ an attack on is house, and threats had been made by the as- sailants to retury. All this went to the guilty in- tent. Was it possible that they were not ut liberty to show that he had reason to believe, and cid believe, he was dogged tor weeks by the raifanly emussaries of Fisk—Fisk, whose character they had had from six oi the best men, as one who would stop at nothing ? Again, tiey had onered to prove. by a witness very recent threats of Fisk aguinst Stokes, Truo, they had not been aie to connect this particuiar threat with any knowl- edge of Stokes, But Mr. Stokes had heard other threats, and when the court chaiged that his testimony was ‘o be received with great suspicion he had a right to be sustained by all testimony going to confirm it. It was error, he claimed, to exclude, He admitted there was no direct authority on the point in this State, but in Georgia, Itnois and Indianasuch evideuce had been allowed to snow the status and relitions of the parties, Another class of evidence exciuied was acts of Mr. Misk, to show bis sanguinary and ferocious character, and that they were knewn to the prisoner. He ailuded to the ATTACKS ON ETON and on the Albany and Susquehanna Road. He Submitted this was erroneous, as such evidence went to show the character of the deceased. Counsel! also objected to the admission of the testi- mony as to what occurred between Mr. Fisk and 7s himself after the shooting. He called attention to the tact that no two agreed as to what did occur atthat time. shat was introduced merely to draw an inference adverse to Stokes irow his silence. He had resisted most strenuously its admission. The law would not allow his statements, under such circumstances, to be used Gr at him, but that protection was useless if his silence was to be taken against him. ‘To meet the imputations growing eut of that silence they bad offered toshow that within an hour he told the same sto'y to his counsel, Mr. McKeon, and that was excluded. He also excepted to the exclusion of testimony as to the reason of De Corlie’s cesti- mony after Crockett’s effort to show that he was discharged for inattention. Again, there was a discrepancy between lowers and Crockett as to who gave the pistol to Capiain Byrne, and tw explain this discrepancy Captain Byrne was allowed to give a conversation aiter he received it. Again, to explain Dr, Tripler’s absence, who, by the by, was found conveniently ensconced in the court room at the summing up, the prosecution were allowed te show the state- ments ofa girl that he had gone to Aspinwall three weeks ayo, and that without any proof that he ever resided at the house inquired at. Again the Court had refused to permit Mr. Stokes to state why he carried a pistel. Again they had taken exception to the effort to discredit Mrs. Williams by showing that while she was liv- ing with her husband, and he in the employment of Mr. Fisk, they lived in the same house in which Miss Mansfleid and Mr. Fisk cohabited, He also excepted to the admission of Mr. Curtis’ guess that if he had leoked tor it he would have seen a pistol had there been one on the stairs; te the questiens to Mrs. Morse as to the reason of Jenny furner leaving her, ana the testi- Mony that Fiepiaton did not seem to have been ab- Sont frem the island by the records on the day of the homicide, There were besides pier matters not contained in the billof exceptions, and they bad brought be.ore His Honor the affidavits used beiore Justice Boardman ou the motion for a new ae The = to which he desired to call atten- jon were the procuring of testimid! of Lourt, but by a juror's visiting the Grana Hehtaat Hotel, ‘ the Rhye) of tl of aeons during part of t a 18 1a) yg bejieved being juris- dictional. He ved Tees matters pate be brought before the General Term by certi ri for diminution 0j the record, as in the Cancemi case, or by the older form of assignment of error in fact. He thought there were serious errors in this case, and trusted that there would be no occasion to go further than His Honor. He was satisfled that if there were any yielding to any other influences— Judge Davis said he did not desire to hear any further argument of that kind. He had been un- oh | tohear this motion, and, perhaps, was se far influenced by public opinion; bur having once emtered apon the duty he should not permit any influence to sway him. If he stood en one side in his judgment aud ail New Yerk ou the other it would not sway him from deciding according fo it. Mr. fremain said he had no doubt ot that, but_he must insist, m view oi the statement oi Judge Car- doze, in view of the recent seiemn decision of the Court of Tennessee directiy on the question of the Jury law, and in view o1 the other tach erate ques- tions, he was entitied to a review o/ the case. Mr. Phelps, the District Attorney, said that, as he had not himyeif tried the case, he Was not prepared to argue tne motion. The counsel who had con- ducted the trial had felt, in view of what he had suid at the argument before Judge Beardman, that he onght not to take partin this argument. He had had no time reaily to examine it, aud must trust it to nis care and exanunaiion, not being able to relieve Mis Honor by any aid in the matcer. Mr. Beach satd that he had just come in, and, having heard an ailusion to his remarks before Judge Boardman, expiained that he had there sup- posed that a motion for a stay ef proceedings was anex parte onc, and in that Judge Boardman had coucurred with him; but he nad found he w: 8. taken in the statute as to eapitai causes, He had then said that he shoutd not attend it notice were given, and had also said that he closed, so far as he was concerned, the case. He had oniy received notice about bali ae hour before this motion was commenced, and then had not thought it proper, in view of what he then said, to argue it, Judge Davis asked if Judge Boardman had ren- dered a decision on Ma Moticn for a ney trial? Mr. Phelps said flotuing of tig had come to his ae by th e Clerk's oMcé. He suspected the reporg Mi in (he understood it had got into © of the papers) trom some reporter seeing the formal memorandum which Mr. Dos Passos had obtained from Mr. Justice Boardman in regard to hia decision on Monday last, which mereiy declined to inguire into the propriety of granting a writ of error and stay of prochedings, but referred that to the Judges of this district, Mr. Dos Passos said that was probably the case, as he had noticed that the papers confounded the two motions. He and Mr. Beach would probably be the first to hear the result, as Judge Boardman had taken their names, as he understood, to send it to them, After quite a lengthy discussion, + Jud Davis decided that on this motion he would not consider the matter introduced by aml- davits, The Court then inquired whether he ought to consider the questions arising under the bill of exceptions on the trial of the Cpe pleas, He suggested that the special pleas did not involve the merits ae to the prisoner, but enly as to the in- dictment ttseif, Mr. Treinain insisted that the language of the statute and the decision tn the case of The People vs. Grant in the whole record were to be considered, Judge Davis, in the end, asked counsel to submit him authorities. Mis present impression, though quite vague, was that this special plea was in the nature of a motion to quash, and the trial merely a means of ascertaining the facts, and then the deci- si on them of the Court not to quash was not re- viewable, He did not propose to decide the question now, but merely asked the counsel to hand him in an- thority on the point. uThe papers were all handed in, the Court reserv- ing its decision. STOKES INTERVIEWED. Arumor got abroad through the city yesterday that Judge Boardman had denied the bili of excep- tions taken to the proceedings in the Stokes trial, and that consequennly another of the last chances for Stokes was taken from him, The rumor was Aosownded ; but, nevertheless, lu view of the serl- ous consequences to the last hopes of the con- denned man, & HBALD reporter called u; on him at tue ‘tombs yosterday, At the time Sherif Bronnan was within the prisoa. He had calied ¢» acquaint tie prisoner with the rumor that was aflvat that Judge Loardman bad reinsed to grant aktay. ‘thoreporter obtaived ad- mission with some difficulty, and stood ior & mom pt in front of ool Nv, 4, where the prisoner ts confined. Stokes them came out and was VBLY CORDIAL IN HIS MANNER, The condemned man was dressed in a gray Hght wa:king coat, huudsvme silppers and white shirt, carelessly out giaceiully wo.n, His iron-gray hair contrasted wiih tho pule ivok @f his iace. He was swiling, but ne: vous aud fldgely, The stove which Stands near his cull was Open and blazing hot. But Stokes got right up by itand spread out his thin hands be.ore it, rubbing tuem bard as if ‘TO URT THEM WARM, “You seem cold, 'r, Stokes," said the reporter, by way of entering into couverset on, “Yes,” said he laughingly. “1 guess yon would be cold if you were placed in that cell all the time, It hos plenty of water and plenty ol rats—thuse are the only advantages I can soe . bout tt.’ * He iooked up at the prisoners, neurly ail of whom. on the tiers abuve were leaning over peering at him intently. “Just look at those people how they stare. Any- body would tnink | am 4 wild beast," and ho again gave a low musical lavgh. “You have heard of che dceision, What do you think of itt’ asked the reportor, “What decision ? satd stokes, with “ A SHADEOF ANXIBTY overspreniing bis couintenanco, “There has ocen no decision, has thore t* ‘ “Why,” said the roporter somewhat embar- rassed, “lunderstood there had been a decision given bY Judge Boarduan denying the writ of error, “onl 1 guess not,” said Stokes, Poned it to next Luesday.” Jasi thea sherit b.ennan came walking back after huving talked tv foster a few momenis, ad appealed to hum ior # decision in the mae er. “Why, Stokes,” said the Sherif. “I have been explaining to you that Judge Loardman has de- Cided to give you no stay of proceedings, He said he would grant @ wrt o1 erivur, but i he did he moult ‘also havo to give the s.ay, and this he will hot do, But what about the new trial tf’ asked Stokes, still more auxiously. “Oh, that,” said Mr. Brennan, *‘has been post- poned unl aext Tuesday.” “Yhen it’s ail wight,’ said Stokes, in a jovia‘ manner, “I don't think Boardman likes to do ite but 1 know HE WILL GRANT A NEW TRIAL, He can't do otherwise, Wuy, there's no lawyer in the state more e:aluont than Mr, Tremain, aud he has assured me tiere is no possibility of a Stuy be- ing reiused on the exceptions made. Besides, Many other lawyers, the best that could be found, have decided likewise, and are of opinion that a new trial cannot be reiused.”’ “Lut,” said the Steril, “is it not well in uny case to be prepared ior the worst?” “yes, yes,”’ Said Stokes, rapidly, ‘After the ver- dict of that jury 1am prepared tor anytn.ng. But What do you think, suerii,”’ continued Stokes, “of & juryman who goes up to tie Grand Central Hovel to coilect evidencer” = * “If T were on a jury,” said the Sherif, “I would get all the prooi I could, iu any Way 1 could.” “Yes; but,” sald stokes, arguinentatively, “you are bound, when on ajury, by ab vata, to juuge by the evidence in the case alone. You sre distiucuy charged to not GO OUTSIDE OF THE EVIDENCE for your opinions. ‘hen, do you consider it right fora juryman to go outside oi the Court and the evidence and judge according to outside circum- stances? Who knows ii what he sees and hears in the Graud Central does net bias nis mind? He then comes back and ee his opinions to the other jurors, who may won over by his argu- ments. You see, then, how @ circumstance like tiis, which seems very small, May become of greut importance, Why, Judge Shipman, of the United States Court, in a case Where a juryman looked at @ directory, called the whole jury back, and repri- manded t mau for going outside of the evidence to decide anyjaing ior Rimself. Is it net, then, clearly wrong ?”” " said the Sheriff; “in that light it “Well, yes, certainly 1s,'" “and what do you think of this man Manches- ter,’ continued Stokes, “who said before he went on the jury that he wou'd ‘hang Stokes anyhow ?’ Are these the sort of people who should ve per- mitted to deal with a man’s lie’ By all means I am entitled to a new trial, A iriend of mine went ‘up lately and examined the stairway and passages in the Grand Central Hotel and measured them, and he came back satisfied the iacts could not have been as they were told on the trial.” “But in case Judge Boardman decides not to give anew trial what will be the ceurse oi your coun- sel’! asked the reporter, “Why, there are thirty-one other Judges of the Supreme Court in this State,” said Stokes, “all of whom can give me A STAY OF PROCREDINGS, and on the exceptions which have been taken I know some one 0i them will do this,’ You are entirely sanguine as to the result ??" “Oh, fee said Stokes, smiling; “I have no fear of that, Mr, Tremain’s word is enough for me, and iknow my counsel will exert themselves to their utmost to do aii they can for me,” “How do you find your sojoarn here “They treat me well enough; though I think they are over particular in their measures to prevent liquor getting to me. Why, they are even sus- picious of cider, which has never been deaied me before. Sheiid Brennan tells me they have aecidea bs let a that comes to me bass, through the bands ola medi {9 exam aatilovai -e oar Bate MRNA Y Saath UP BEL Came in to see him, and the reporter retired, Going out, the reporter askea Sheriff Brennan what he thought of Stokes’ chances for iife? “They are very bad, | am airaid,” said the Sheriff, “and he DORS NOT SEEM TO REALIZE IT. I wish he couid be made to understand that there is a possibility of the sentence of the law being carried out, so that he might prepare himself, He is too sanguine by far. My opinien is that the probabilities of his getting a stay, now that Judge Boardman has denied it, are very small indeed.”” Stokes, thi shout the interview, was in the best spirits, and little seemed to realize the pre- carious position he is placed in by the decision of Judge Buardinan. 1 COUNSELLOR HOWE IN CUSTOBY. 4 wk, He Rides Over the Sidewalk, but Fails to Override the Justice—He is Brought Before Judge Dowling and Duly Com- mitted—Latest Phase ot the Arrest. About half-past nine o'clock yesterday, after Judge Dowling had disposed of the morning watch Teturns and finished his breakfast, he was about returning to the Tombs, when, comtng through Frankhn street, @ horse’s nose rubbed against his shoulder, He turned suddenly around and saw a porgeous equipage, with liveried attendants, and the burly form of Counsellor William F, Howe issuing from within. Oifcer Grace, of the Sixth precinct, was stand- ing near by. The Judye said to him at once, “Why don’t you arrest that man for driving on the sidewalk?” The officer siniled and answered, “Why, that is Mr. How” Judge _Dowling—I don't care who he is. If one of those poor truckmen were to drive on the side- Walk you would arrest him at once, wMhout any authority, I tell you to arrest him immediately, OMecer Grace placed his potential hands on the cream-colored shoulders of the counsellor and took him in custody. The march towards the Tombs at- tracted an immense concourse, and quite a pro- cession escorted the distinguished prisoner to the halls of justice. He pantingly ascended the steep stone steps and was allowed to pause for breath. Judge Dowling sat on the bench, Judge—What charge have you to make against this man, officer? Oficer Grace—He drove his coach on the side- walk, in Violation of a Corporation ordinance, Counsellor Howe—There was 4 great crowd on the street, Your Honor, and I could not help tt. Judge Dowling—It was a most flagrant outrage. I myself was witness to it. I was coming down the street when the horses’ heads actually touched my shoulder, You must understand that even you cannot override the law. Counsellor Howe—I did not intend to override the law or justice either, It is dJudge—You may think this isa joke, str. T will fine you ten dollars for violation of “He has post- not, sir. a Corporation ordinance. Counsellor Howe—I demand a trial by jnry; and, it being a misdemeanor, a trial at Special Sessions. Judge Dowling—I don’t care about your technical points. You can go to the Courts below and raise all the points you want. to commit you now, where he will stand committed until bis fine is p wewe eserey) Protest, I protest. judge Dowling (decisively and sententiously)— Take him down stairs. . sr! The counsellor accordingly was taken from the court room via the prisoner's exit, The counsellor went down stairs, paid his fine and was discharged, In the aiternoon Counsellor Abe Hummel ap- peared, and formally served the august Judge with @ Supreme Court summons jor relie/in an action for false imprisonment. Judge Dowlng (ook the pres. SUNDAY, FEBRUARY 9, 18 Cons, read It over carefully ‘rom tue title to the aig- nature, and quistly remarked :— “1 acknowlodge the §-rvice, sir. but the damaves cannot Le heavy, a4, alter all, ] have only commit ted & uUimance," Mr. liumme! bowed, and Mr. Howe, who was in ) the rear Oi tae couct room, walked vut majestically. LATSST HASH OF THR AKKEST OF COUNSELLOR WILHTAM 7. HOWE, ‘The well-known Counseilor Howe, who was ar- rested yesterday morning at the instance o. Judge Dowling tor driving bis herses attuched to his ca’- Tiuge oo the sidowalk im Franklin sirect, claims that if the Poitee Commissiouers had done their aut jd removed the suow from the middie of | fin Street, where it resembled @ miniatnre Alps, n Corperetion ordinauce would have been violated. in order, however, to com- the practicul joke which was p'ayed upon him: by Jude Dowhne. Mr. Howe has instituted procecd:nas ava nat Justice Dowl ng for false nnprigonment, ana ‘the inflexible Justice ‘was served with lecat process, laying the damages At $1,000.00, Judge Dowling has signified his in- tent on of sending over to Lngland to secure the services of Kdwin James to defend him, THE OITY CHAMB RLAINSHIP. The Quortion of tnterest on the City Punds—Important Orde: by Judge Bar- rett, To the suit of Foley against tho Mayor, Mr. Jus- tice Barrett nas rendered a decision modifying the original injunction, accepting in the main the suggestions of Judge Edmonds on behalf of Mr. Palmer, but modi‘ying them in some particulars, The order, according to bis directions, is to stand 88 1ollows:— On reading and Ming summons and complaint duiy veiitied and ailiduvic o. tho pinta and Ruchard A, Storrs, and-tempoiary tjunction aad order tu show cxuuse ited: by Mr, Just Dar: rett, on the lush day 0: January, 1873, on the part of the plainttt, and the aMdavit of Francis A, Palmer ou the: part of the defendant, Francia A. Palmer, ond on harine A. K. Dyett of counsel for Weintul, and J. W. Bdmonda and A. kK, Lawrence, r., for deicndaut— It ix ordered that the de endants, the Broadway Natoual Bink, the Tonuta National Bank, tho ‘Tradesman's Natioual Bunk, the Nation. Park Bank and the Union Trust Coinpany desist and ro- frain iw ving to the defendant, Francis A. Palmer, a3 Chamberlain or otherwise, or to his oriecr, any part of the interest uow due or hereaiter to become due upon any money on deposit with either of the satd rour defendanis be- longing or standing to the credit of tie Mayor, Aldermen and Commonalty of the city of New York, or of the county of New York, or to the oredit of the said Palmer, @4 Chamberiaip or other- wise, or from paying any part 0: the sald interest to any person cCacept upon caecks or warrants countersigned by the Mayor and Comptroller of the city oi New York. Aud I furtner order that the deiendant, Francis A. Palmer, be cn vined and re- straived from directly or imiirectiy receiving or disposing of any part of the aforesuid inverest. otiuing h-reim contained 18 intended te prevent the payment of the lawiul salary oi the Deputy Chamberiain, and of the cierks in said Chamver- lain’s bureau, by said respective banks and trust company proportionately to the monthly balances ia each. Nor siall anything herein contained be constraed to perm.t the payment 0: any such sala- Ties Out of either the principal or said interest Out of said city or county moneys on deposit with, or due, or to become due, by any of said banks or trust company, except upon cieok or warrant, countersigned nd the Mayor and Comptroiler of the city of New York. It is further ordered that this order shell stand as a substitute for the original injunctiou grauted herein upon the 10th day of January, 1873, and that any purty to the action may at any time apply to the Court at Special ‘Term, Chambers, upon notice to all the other parties herein, for such modifica- tion er change 01 this order as suoh party may be advised to seek. THE COURTS. Business in Bankruptcy. VOLUNTARY PETITIONS. Nathan Boehm, Solomon Rapp, William T. Hen- derson, Thomas Weldon, John B. Borst, Jr.; James 8. Aspinwall, John Schuster, Lindley M. Hoffman, Samuel W. Tapsley. ADJUDICATIONS IN INVOLUNTARY CASES. Patrick Smith, William M, Graham, The Deer Park Binestone Company, William Fessenden, Edgar F. Day, Samuel Cohn, Byron Sherman, Porter Sherman, Elise bhrich, Isaac Haddock, Joseph Page, Joseph Manheimer, David Lasky, Martha Roby, Richard Graham, William E, Morferd, Henry Kuediger, August Rosenthal, Robert Baile, Peter P. Decker, Matthew B. Brady, Abraham Bald- win, Henry D, Sanger, Leonard J. Haas, Alexander H. Samson, Myer Londner, Simon Gruhn, Wiiliam Haw, Jr., Charles Hotfman, Aaron Goodman, Israel Stone. DISCHARGES, Herrmann Bolte, Mary J. Bearndine, Louis Leber- mann, Ldward Burnham, Reuben Bowler, Septi- mus &. Swut, Burden W. Plumb, ok ot Wetee: |. ere. SUPREME CovAT—3HAMBERS. Decision. By Judge Davis, John Foley vs, The Mayor, &c., of New York.— Order settied, Let a copy be engrossed and handed up. SUPERIOR COURT—SPECIAL TERM. Decisions, By Judge Freedman, Blum_va. Blum.—Decree of divorce in favor of plaintiff. Ca. penter vs, Weeks.—Order granted. Wiggins vs. Continental Insurance Company.— Order granted. Simmons vs. Terr er pranees Collins et al. vs, Post et al. (two cases).—Order defying motion. Beuedict, Jr., v8, Gutta Percha and Rubber Manu- facturing Company.—Order of reference. COURT OF COMMON PLEAS—SPECIAL TERM. By Judge Robinson, Thorn vs, Shicl.—Objection sustained. Motion to compel purchasers to take title denied, with $10 costs. BROOKLYN COURTS. CITY COLAT. Runaway — Undertakers’ Liabilities, Before Judge Neilson. Catharine Moran vs. John Neuman.—The de- fendant is an undertaker, doing business in Brook- lyn. Plaintiff sent ker son to delendant to hire a coach for @ funeral, to go and return from Flat- bush Cemetery. On their way to the cemetery the funeral procession passed along Flatbush avenue till it reached the entrance to Prospect Park, when several of the carriages, including plaintifs, leit the procession, and entered Prospect Park, expecting to meet the funeral at Flatbush. When in the Park the horses attached to pluinti(t's coaca became Gamansgeabie and ran away. The driver Was thrown off tne coach, and in turning the corner of Flatbush road the coach and horses were thiown into a ditch on the side of the road, and plaintit was considerably injured. At the close of plaintif’s case Mr. T. E. Pearsall, counsel for defendant, made a motion for a non- suit, On the grounu that the undertaker was not liable, as he only turnished the coach to defenaant for the purpose oi geing to the funeral; that the undertaker, not being the owner ot the coach he had no control over the driver: that the driver was not the servant of the under- taker, but the servant o! the owner of the coach; second, that when the plaintiff allowed the driver of the coach to leave tue funeral procession tor the purpose of riding through the Park the plaintift violated her contract, and the driver was then under the control of the plaintitt, The Court granted the nonsuit and dismissed the case. A F ral COURT OF SESSIONS. Arraignments, Before Judge Moore. The Grand Jury appgared in Court yesterday and presented a number of indictments. They then re- tired to resume their labors. ‘The following prisoners were arraigned :~ James Smith, burglary and grand larceny, seven indictments, pleaded not guilty; trial 18th. BS or pps grand larceny, pleaded not guilty; 1th, Henry Smith, Paul Hanley, George Cole and Fran- cis Dorsey, burglary third degree and grand lar- ceny, pleaded not guilty; trial isth, Peter Cunningham, burglary third degree, two indictments, pleaded not guilty; trial 17th. Elizabeth Lewis, assault and battery, pleaded net guilty; trial 19th. Celeste Corhardt, disorderly house, pleaded not guilty; trial loth. Stephen Donelson and David Harkins, grand larceny, pleaded not bs trial not fixed. Fred Brandon plead guilty to grand larceny and ‘was sentenced to the Penitentiary for three years, SURROGATE’S COURT. Last Week's Record. Before Surrogate Veeder, During the past wege the following wills were admitted to probate :— Joseph Smith, of the town of Flatlands; Mary Ano Froward, John ickford, Amelia Keteltas, Mary 0. B, Mahar, Jane Turner, Caspar F, Muller, Eleaneer Emanuel and Margaret Metzgea, ali of the city of Brooklyn. Letters of ‘hdmninistration were granted inthe eamuled Of Lhe 1ollowing pamEd Agcvased peragns, —_———$—— RSS ee See 2 73.—QUADRUPLE SHEET. viz.:—Carl L. Metlel and John Frioher, of the town ot New Utrecht; Heury Furnisa, George Rugke, ‘Thomas Harkin, Wien L. Vornces, Mary ©. Larsen, Wiliam B. eae —- i ne and Feiix, Pateraon, all of tne city o1 Brooklyn. Letters of guordianslup 0. t/e persons and estates of Lucy A. B. Cornell, Kinma N. Corne!! and Anna }. Cornell were srante) to samuel H. Cornell, their fatuer; of sryon Stratvon to Emma K. Stratton, hig mother; o: Hyman Bingham, Emma Bing) and Juaa Bingham, to Moses Keesel; 0 John Voor- bees, Cornelius # Voorhees an} Dowinicus Ss Voorhees to the Brooklyn ‘Irust Campany; of Ann 3:ne Martin to iary Jane Doyle, sil o: the ety of Brooklyn. . 1 LITERARY CiHii-CHAT. Sia SSD Says the American Dooksellers' Guide for Yeb- ruary:— Very few books have been issned since the holi- days, aud, with the exception 01 a iew large houses, our publishora wil put forth few new issu: before Sprivg. ‘The tend-ncy to curtall the humber of pew publicetions ia very marked, and we regard it asa healthy symptom. The issue of new Looks mu t in geveral be looked upon as speciation, There is risk incurred in pubishing each book, and of course the greater tie namver published the greater the risk. Every publisher hag a catalocus, larger ov smaller, which affords & tolerably assured incyine, ahi move can be done in Most cises to increase business by cultivating the demand ior the Looks on this lst than by additiuns to tt, CuaBLEs Kinosiry has an article in the last Cornhit upon “Heroism,” in which he pays & well- merited trivute to two of the finest of modern no vels—Missa Muioch’s “Jonn Hatt‘ax’? und Thacke- ray’s ‘Esmond"—in. both of which 1s developed tie grand moral of the possibility of noroiam anywhore and everywhere. Wirn the new year the Catholic Review, which has rapidiy taken rank among the Irading Catholic papers o/ the country, bean its third volume, Tum SpreiruaLists. have begun a quarterly Journal, culled Briitan’s. Journal of Spiritual Science, Literature, Art ana Inspiration. Miss Louisa M. Avcorr’s puolishers, it uw said, pay her a copyright of $1,000 a year, A BSLGIAN publisher has iu press @ book pur- porting to give the letters recelyed by the Grand Duke Alexis from iadios during his sojourn in this country, MR, GeoRGzB CRUIKSHANK Is engaged upon @ vol- ume of recollections, to be illustrated by the vet- eran author's pencil. “Prom the Wilderness; or, Thirty-six Years in ‘Texas and [Two Winters in Honduras," by Z. N. Morril;, is just published by Goull & Lincoln, It has many facts and incidents connected wita the early society and the rise of religion in ivxas, Gambiera, refugees, soldiers, land speculators, rufians, outthroats, horse racers, missionarics, lawyers, bears, Indians, rattiesaakes and vampire bats meet and mingle in the pages of this amusing book. AMBRICAN RACING CALENDAR.—The publishers of this work in adopting the English system of con- densation in their chronicles of the turf and other sports have struck the right key. Turfmen do not care to be burdened with mammoth tomes when a pocket edition of a work can be had, it is princi- pally at race meetings that references are made to past events, and a convenient pocket calendar is, therefore, j:st what is most desired. The present volume, giving the turf events of 1872 in the United States and the Canadas, pub- lished by the Tury, Field and Farm Association, is literally multum in parvo, Each event is recorded in an oMcial summary, with a brief de- seription thereof, the betting, Ac., appended, ref- erences to which are contained in an alphabetical index, giving the name, age, color, sex and pedi- gree of the horses engaged. This, by the way, is &@ capital arrangement, and, so far as pedigrees are concerned, serves the purpose of a stud book, which is not always accessible at thoge times when it is mest needed. In addition to a record of turf events the ‘Rac- ing Calendar” contains entries for stakes in 1873-4; the winners of the principal races in the United States and in England from their commencement; racing colors of all regular turfmen; tables of the fastest time made at different distances; a lst of thoroughbred foals, &c., all of which are eompre- hensively given under their several heads, The work embraces some three hundred pages. Woman's Rights and Woman’s Wrongs— Interesting Lectare by an Irigh Noble= woman, nic amines The Countess Heinructh delivered her maidel lecture at Irving Hall, Portchester, on Thursday evening, before ® very appreciative audience, on “Woman's Rights’’—a subject which she handied with marked ability and rendered very interesting despite ita threadbare and hackneyed character. The Countess, it may be mentioned, has resided on the charming borders of Connecticut for some years, living in comparative retirement. She was born in Fermoy, Ireland, of a highly aris- tocratic family, and was united in matrimony to Count Heinructh, a Prussian officer. After his death the Countess married a major in the French army, who, on retiring, accompanied his spouse to this country in 1861, where they moved in the highest circles. The Countess has paid several visits to her distinguished friends across the Atlantic. Her lecture the other evening was ex- cee ly pathetic, and the earnestness of her delivery created a deep impression. She was richly, though Sore attired, and 43 she advanced to the front of the platform her stateiy mien failed not to attract general atten- tion. Her enunciation was clear and distinct, and her style dignified ana impressive, She said that before she would establish what should constitute woman's rights she would show 4 little of woman's @rrongs, aud then proceeded in a feeling manner to narrate the history of the grievances to which she had been subjected by the law's delay, She claimed she had been fleeced of her possessions—money, jewels aud land—under circumstances which let mo doubt of fraud on the part of ner oppressors, and went on at some length to dilate upon the fact that, beg unprotected and alone, justice was difficuit to obtain, She contended that, rt ew of the harassing nature of the injury she had sustained, ireedom and the liberty and rights of woman were denied her. She couplained bitterly of the treatment she had received from certain Sherif’s omicers, and, aiter commenting on the fact that sae had been unable to obtain re- dress, Submitted that a perfect union between man and woman should be the tirst climax of onal existence and progress, Women, she argued, should be entitled to vote here as in England. The time would come when women’s influence must be recognized in every assembly, aud, after ali, it was very easy for man to obviate the persecutions of the opposite sex. There were many poor women beside herseif who were totaliy extinguished in the tmpenetrabie night of obscurity in their midst. She urged that ail the existing evils in reference to women’s condition could be remedied at the bailot box, and she hoped that the places at the polis would be such that an honest man or woman would not be ashamed to go there, Finaliy, she demanded justice and fair play ior women, and concluded her lecture amid general applause. The Countess, it is said, will shortly de- liver a lecture in this city, on “The Ingenuity of the Law.” THE GILBERT ELEVATED RAILWAY, New Facts of Interest. Dr. Gilbert gave a Henan reporter yesterday some new and interesting facts in regard to the elevated railway. The, contract for the sale of bonds of the road to the amount of $5,600,000 was closed yesterday at the usual rate of commission. The bonds will net nearly par in greenbacks to the company, and the entire proceeds of the bonds are to be placed 1m one of the banks here within the next ninety days, in trast for the railway. The re- porter asked Dr, Gilbert to give him the name of the Londen firm who have signed the con- tract, “We should gladly do 80, Mr. Gil- bert said, “were it not against the policy of the directors.” The plan of the railway embodics a “pneumatic despatch” for the rapid transmission Of ROwth eof great importance to aoa ew sD will _be transmitted from rr the ie Hast oa ym ae in Hee ae pe i! it 1s erally unders is a Mr. Gilbert's plan, ee tg ag rovement on L nd Tes based on principles which have been clearly established in the Mont Cenis tunnel. The tubes will be made of wood and carried on both sides of the track and underneath the railway, and the package will be transmitted by partially ex- hausting the airin front and by compressing the air backward. This method has the advantage of causing the “news car” to travel with increased velocity, and to render it ible to control it at any station of the line. In London the news pack- ages are transmitted by exhausting the air in Jront, thus allewing the ordinary pressure of the atmosphere to propel the packages through the tube, As regards the stock of the railway it is understood that it will be taken by the leading citi- zens of New York. THE PHYPER FUND, The following additional subscriptions for the relief of the Phyfer family were received yesterday at the HERALD office :— “ Henry Hughes.. $25 00 Simpson and kriea + a8 20 DEATH OF EX-GOVERNOR GEARY. — Sudden and Molancholy Termination of His Life After Return from New York—At Breakfast in His Home in Harrisburg—Holping a Child and Dead in an Instant— Alarm and Grief in His Family and Mourning of His Friends, Harewsong, Feb. 6, 187% John Wh'te Geary, ex-Governor of Pennsylvania, returne i to his home at Harrisburg from New Youk last nigit, apparently in good health. This morn- ing when at breakiast, and while in the act of het ing one of his children to something on the table, his head suddenly fell back. Mrs. Geary jumped up and passed around to the ex-Governor, but he was dead when she got to bw chair. Heart disease is just now supposed to have kiie@ him, ‘The fact of the ex-Governor’s death having been male pubiic the citizens of Harrisburg, Philadel- Phia and ail over the State of Pennsylvania are greatly excited, and much sorrow is expressed oa all sides, Sketch of Ex-Governor Geary. John W. Geary was born tn Westmoreland county, Pennsylvania, in the year 1820, He lost his iauer while yet young, amd thas became the early stay of his mother, whom he supported by teaching school. He was educated at Jetf-reon College, at Canonsbarg. He served through the Mexicun war witi great distinction, having served as lieutene But colonel of the Second Pennsylvania regimens, @nd fought in Quitman’s division tn the battles ef La Hoya, vhapuitepec, Garita de Beien and City'et Mexico, On the breaking out of that struggie he ut once took charge ofa company. He was soon promoted to a coloneicy, and his regiment was ene 01 the three volunteer regiments selected by Gea- erai scott to aid the regulais at tue siege Of tae Mexican capital. On tue return of the regimeas Colonel Geary and his command were publicly non- ored by an immense concuurse of people at Pitta- burg, the eminent William Wilkins being tne orator. Under Folk’s administration he was ap- pointed General Postal Agent ior the Westerm coasts, with plenary power to periorm all the functions of the Postmaster General, From this position he was relieved by the advent of General Taylor to the Presidency, and was immediately and unanimously elected First Alcalie and Judge of San Francisco, and after the city got a charter he was ciosen ite first Mayor. The institutions of that State received their first impulse from the administration of General Geary. He returned to his native State in 1850 and lived quietly on his farm in Westmoreland county til 1856, when he was a)pointed by Presideut Pierce Governor of Kansas. His history there in connee tion With the disturbed condition of tue State us still remembered, tor General Geary’s public lie may be suid to begin with his Kansas career. Findmg he would not be supported tu his policy in that state by the incoming administration of Buchanan, he returned again to private life, but not till he had warned the President that a rebellion would surely spring out of the troubies a2 ener pioper steps were not taken to pre- vent it, On the breaking out of the rebellion Governer Geary raised aud equipped tue Twenty olay Pennsylvaois Volunteers and took the teld as Whew colonel. He was shortly afterwasds appointed Brigadier General of Volunteers, ana participated in all the great battles during the Peninsular and Virginia campaigns till after the battie of Gettysburg, when the Eleventh end Tweilith corps were consolidated into the Twentieth, and he joined the Western forces, under Hooker, with his famous ‘White Star” division. He arrived in the Southwest in time for the glorious battle of Lookout Mountain, where he greatly distinguished himself by heading his division and leading 16 against the enemy’s works on the towering crest of the hill, lt was General Geary’s evil fortune te lose all his old staf oiticers in action, among them his son, Captain Edward Geary. As the Eee J soldier fell, pierced through the skull by a bullet, his father dashed by, clasped in one adonising embrace the lifeless form of his son—it was but for moment—and then tho futher turned aga! to his duty, and once more attacked the enemy’s line, bursting through it and hurling baok the foe. At tie capture of Atlanta his division was the first to plant the flag over the Court House, and it was ready to assauit the city of Savannah when the Mayor and Council sur- rendered it to General Geary. His oampaigus may be said to end with the capture oi Savannah, in December, 1864, as will be seen from bis farewell darovs to his troops, in which he enumerated eir battles as follows:—Rich Mountain, Carrick’s Ford, Winchester, Port fed bata Bolivar, Cedar Mountain, Second Bull Run, meraranaiens cellorsville, Gettysburg, Wauhatchie, okous Mountain, ‘Missionary Kidge, Ringgold, Mill Creek Gap Resasa, New Hope vnureh, Pine Hil, Mud Creek, Nove's Stcek, Koib’s Farm, Kenesaw, Peas! Tree Creek, Atians’ And Savannah, ae ‘Among the few skecbeS 0! General Geary none more titly describes him <Q the followiag, from the pen of a member of Genera: Sherman ‘3 stad, written just as the war was closing! s. General Geary, commanding a division {f the Twentieth corps, is now the Milllary Governor of Savan- He is a ta: wart, so.dierly man, with a tui ck bear and invij face, He has & hearty, hospitable manner, which pleases everbooy; is sensibie, discreet aud Qrm; understands preciscly the nature of his duties, and execuies m noiselessly but effectively. The citizens are delighted with him, and they may well be so, tor no city wsever kept in better order. Clean strects, caretul and well-instructed gual Perfect protection oi property and a general sence comuort and security indicate the executive @nd the good judgment of the General. In 1866 General Geary'was nominated for Gover- nor of his native State by the Republican Convea- tion at Harrisburg, and he was elected by a ia majority. Three years afterward he was rea nated and re-elected, and his second term had ex- pired only a few weeks before his deat, Though successiul in both bis military and political aspira- tions far beyond the common lot of men, Governor Geary’s ambition was not yet -atisfed, and looked forward with seme degree ef hope te the Presi- dency. His popularity suifered @ decline durii his lust term as Governor of Pennsytvania, ui his reputation as an honest public servant was also questioned. This will be jorgotien im he wounds he received in action services he rendered to hig es It 18 not easy to recount, for they embrace a large part of the history of the country. It may be noted, however, thi was severely wounded in the arm at the battle of Cedar Mountal and distinguished himself at Chancel lorsvilie by holding in check thrice his number of the enemy. Here, too, he received @ contusion froma siell, trom which he, however, soon re- covered. In the battle of Gettysburg, it will be re- membered, he with his gallant division defended the right of our lines, and drove bask, alter ove of the severest contests upon record, Ewell’s whole corps, numbering some twenty thousand of the flower oi the revel army, known a8 the “Stone- wali Brigade.” During their brief connection of one month with the Army of the Tennessee the Twelita corps had two conflicts with overwheiming forces of the enemy under Longstreet, in bott of which {t came off victorieus, ‘These things show how dif- ficult it is to relate the lustory o1 a single leader in a war like our great rebellion witheut telling the history of tne war itself; but while this is possible, im a degree at least, it will aiways be found impos- sible to relate the story of the civil war without telling of General Geary’s share in it. THE THIRTEENTH STREET WIFS-SHOOTING OASE. country. Officer Meyer, of the Union Market police, yesters day arraigned at Essex Market Charles Hoy, whe attempted to kill his wife on Friday evening, de- tails of which appeared in yesterday’s Heraun. Hoy, who is about forty years of age, does not look like a murderer, but he bore traces of debauchery. The Judge committed hin te await the result of his wife’s injuries. But few new facts were de- veloped. It seems that he has lived for some time with ms wife and four children at 649 East Thirteenth street, On Friday he circulated pretty freely among the gin mills, and becoming intoxicated returned home, entered his apartments, asked his wife te lock the door, an@ while she “was doing 80 he drew two small single barrel pistols, purchased in Chatham street during the day, and put one bullet into Mrs, Hoy’s boa,. The ball entered the right breast and peae- trated the lungs, The woman fell to the iver, and her little boy raised the window and cried “Marder!” The father becoming alarmed rushed into the street, amd was pursued by Officer Moyer, who captured him at Sixtn stre The woman states that Hoy, who married her twelve years ago, in England, had neglected her and her children, and brutally treated them, spend- ing his money in the purchase of liquor. Captaim Murphy found the pistol in @ washtub in the house. It is quite evident twat Hoy was prompted ta commit the deed by jealousy, as he charges that during @ residence of six weeks in Cincinnati as a laborer his wife never wrote to him, anu believing she was untrue to her marital vows he returned home. The pistols were purchased on his way from the depot the night of his return, He slept that nigne at his father’s house, in Muiberry street, and aiter spending the day in priming himself with liquor weat home to commit the deed for which he is now benind the tron grating. Mrs, Hoy’s condition yesterday Was such as to cause fears as to her re- covery; but. as there ts no probability that death will immediately ensue, the Coroner, up toa late hour yesterday, had not been Sumigoned to take her ante-morvem “‘atement,