The New York Herald Newspaper, February 11, 1873, Page 7

THE MURDER RECORD. Retributive Justice Claims a Hear- ing in the Courts. The Murder Calendar To Be Wiped Out. THE SCANHELL-DONOHOE SHOOTING. The Case Begun in the Conrt of Oyer and Terminer, Before Judge Brady. ONLY TWO JURORS OBTAINED. Yesterday morning, in the Court of Oyer and Terminer, Judge Brady presiding, the trial of John Scannell, indicted for the murder of Thomas Donohoe, was commenced. The rapidity with whieh, unhappily, murder on murder’s head accumulates and has been accumulating of tate, and the public interest excited as to the result of the trials of the parties charged with the dreadful crime, in consequence of ‘heir positions in society, are tending to make our criminal law Courts and the paraphernalia and the surroundings of justice, as therein adminis- tered, subjects of attraction and interest that rarely attaches to them. The case of John Real for the murder of OMcer Smedick was one tn all its bearings somewhat removed from the ordinary Class of homicides. It was not the result of any sudden outburst of drunken fury, but, as claimed 4m palliation upon his trial, a retaliation, excessive, ef course, for injuries and wrongs under which it was contended Real had suffered at the hands of his victim. Then followed the car-hook tragedy, the victim in this case being a highly respectable and respected citizen passing from his place of business to bis home by a public conveyance. Here the instigating cause was, no doubt, the passion imbibea by the unhappy man, who, in so short a time hence, will have to pay the penalty of that deed with his life, Then follows the Stokes-Fisk tragedy, the King-O’Neill shooting, and previous to that the shooting of Thomas Donohoe by John Beannell, The general incentive to murder, rob- bery and plunder is wanting in all these cases. In the present case it will be remembered that on Saturday evening, the 2d day of November, 1872, just on the eve of the election, there was a great eal of interest felt in anticipation of the result. The political pools attracted crowds for nights at Johngon’s club room—the scene of the murder of Donohoe—and betiing ran high and with great competition upon the favorite candidates, Upon that Baturday night the deceased, Thomas Donohoe, ‘was one of the crowd of politicians in front of the stand, He had been there for some time among friends and acquaintances. During all the time from the opening of the pool toa little after nine Scannell had not been observed as present by any one. He made his presence known by firing at Donohoe, discharging three or four barrels of his revolver in rapid succession, the frightened by- standers fleeing from the spot, and leaving the murderer free to work his vengeance upon bis foe, Im connection with this terrible deed before s0 many witnesses memory will go back to the eve of another election, in the heat and excitement of which Florence Scannell, the brother of John, now on trial, received his death wound in Donohoe’s Mquor store. Since then John had harbored feel- fags of vengeance against Donohoe, whom he rightfully or wrongfully supposed the slayer of his brother, until those jeelings found such dreadful stonement in the death of Donohoe at the hands of John Scannell. Yesterday was the day fixed by the Court for the trial. It was intended to take precedence of the trial of King, as, indeed, the occurrence itself had precedence as to date, and being set down peremptorily no delays nor dilatory motions were yesterday interposed. THE PROCEEDINGS—EMPANELLING A JURY. The Court opened at the usual hour, and Judge Brady was prompey on the bench. Mr. Phelps, the District Attorney, appeared for the people, the Primee being represented by Mr. Beach, Mr. W. . Howe and Charles Spencer. The first, duty, after notification of readiness on the part of the pennie f the defence, was to call the roll of witness PTE prUsetuuvl. ona, two ef these answered to their names, and the District Attorney announced that the Court would expect a prompt attendance on their part on Tucs- day morning. |... = o © wgt * -” EMPANELLING A JURY. ‘This tedious business then proceeded with the usual result, the whole session being spent in obtaining only two jurors, The frst witness who answered to his name was itr, 5X thony Saffer, but he, however, was ex- cased on his own representations of Hability to sudden attacks of sickness, William Coulter, builder, had known and been f friend of the deceased and the prisoner; had heard a good deal about it froin the friends of both arties and read the reports of the affair pretty roughiy: he had been admitted to practice as attorney some time ago, and did not think he could act without bias. ‘Newman Steck, pawnbroker, knew both parties; Scannell was his next door neighbor, but all he knew about the matter was what his children had read to him in the newspapers; he had made w bis mind not from the papers, “but only I don’t think I can serve on that jury; he would like to be relieved from that jury; it would be a very hard matter for him to serve on this jury; he was to Scannell, and did not think he could sit ‘{umpartially in the case. He was excused, ROWDIES IN COURT. The Court rebuked the exhibition of langhter in the audience, and which had occurred during the examination of the last witness, and took occasion to impress on the audience that no laughter would be permitted during a solemn trial involving the life of a fellow citizen. Any one whom the ollicers Noticed so violating the rules of propriety would be excluded from Court or punished. DID TAMMANY HALL SHIELD THOMAS DONOHOE? Garrett Nagle was the next juror called to the stand, The juror did not know the prisoner, but did know a brother of Mr. Donohoe. He was nota Tammany man, but had a decided opinion, which it ‘would require evidence to remove. Mr. Howe—Where do Men reside ? dJuror—No. 11 University place. e—On the 3d day of December, 1869, Florence Scannell, & brother of the prisoner, was murdered by being shot in Thomas Donohoe’s store, and, as alleged, by Donohoe, An "sary was hell ‘on July 23, 1870, when the Coroner’s jury returned a verdict of wilful murder against Thomas Dono- the persom whom the prisoner is now ar- raigned for Loeb No proceedings were taken upon that verdict by the then District Attorney until the 12th day of March, 1872, mearly two years after, and then only alter an investigating commit- tee had been appointed by the Legislature of this State to inqnire inte the affairs of the office of the District Attorney. Were you famliiar with any of those proceedings ? The District ‘Mtorney objected to the assump- tion in the question that Florence Scannell was murdered by Thomas Donehoe. Mr. Howe insisted that the question was preper. Judge Brady—‘ir. Howe, you have the right to put the question, but I must overrule it. oh Howe~I take an exception. (Exception noted. Mr Howe (to juror)—Are yon not a member of Tammany Hall General Committee, and do you not know that Donohue was aiso @ member Of Tam- many Hall? “ : duror—No, sir. qe The jpror wasexcused. * » Jamés J. Mitchell had_a decided opinion ahd could not be impartial. Excused. William E. Bradiey was tn the same position, and ‘was excused. Join W. Brocklebank had not fermed or ex- pressed an opinion. He was challenged to the favor, and Mr. Beach enrgoates, that the triers to be appointed be men ‘without bias in the case. ‘The Conrt called on Mr. Oscar Frisble and Mr. Whittaker, but Mr. Oscar Frisbie had a judg- ment in the case, and Amos K. Hadley was called 4n his piace and sworn, ‘The juror was then challenged by District Attor- ney Phelps for principal cause, and on yen asked aa to bis conscientious ‘belief on the subject of hanging he thought that the law should be carried he ‘would require very viear evidence, but if @ case of murder were clearly made out he thought the law should be carried out to the letter. He was then examined by Mr. Spencer on chal- lenge to the favor, He did not remember reading abont the homicide. Be was away during the Sammer. He had some faint impression on his NEW YORK HERALD, TUESDAY, FEBRUARY 11, 1873—TRIPLE SHEET, ‘was killed and that Scannell killed him. He didn’t — Teen tn yeh In fact, he not remember mac! . Challenged to the fav: Mr. Beach—He did not re that he wae Luled ina room ; he thought it was in the street; he did not know of any feud between Donohoe and Scannell; he did not know of the killing of Scannell’s brother; he had read the appeals in the newspapers about the ‘merease of homtcides and had sympathized with them; he had some prejudice against those accused of murder, and had, he supposed, such a prejudice against the prisoner, but he thought it would pot presene him from trying the case impartially upon he evidence. To Mr. Phelps—I believe the prisoner killed Mr. Donohoe. ‘The triers sustained the challenge, John W. Reed, of 132 West Twelfth street, had read of the murder in the papers, and irom the papers had formed some epinion, He would be gone to find his verdict impartially on the evi- 5 ie groun at th 1872 was unconstitutional. i 0. ae Mr. Howe then challenged to the favor. The Aor had not formed an opinion the offence committed was murder. He had formed an opin- jon an offence was committe? He thought his im- pression was of such @ natuce as to require evi- dence to remove it. Challenge sustained, The Court here took a recess. After Reece: Henry T. dodet, broker, stated that he had both formed and expressed an opinion as to the guilt of the prisoner, but he believed he could act as an impartial juror. unsel for the prisoner promptly withdrew the chatlenge. After being shuttle-cocked between the counsel and the Judge for twenty minutes the triers set him aside. DRAWING A FRESH PANEI, At this point a procession of county officers, headed by Mr. Gumbieton, Deputy County Clerk, filed into Court, and the large circular box, from which jury panels are drawn, was placed beside the Juage. Mr. Gumbleton had seized tbe handle and was about to set the Sei ten in motion, when Mr. Spencer, on half ot the prisoner, objected to the drawing of another pane) until the present one was exhausted. ‘The District Attorney inquired on what ground? THE DEFENCE WATCHING THE MOVEMENTS. Mr. Spencer said—We claim a right, when the eB is made, to be present. Complaints have en made in reference to drawing the panel, and we prefer to watch every slip in the case jealously. We appreciate the responsibility on us, and we propose to do our best for the prisoner, Judge Brady—As the panel! is to be drawn in open Court you cannot be preven‘ed from being present, but you cannot interfere with it in any way. The object now is to draw the panel in time to give the jurors notice. ir. Spencer—We object, because the prisoner wants time to find out the names of tho jurors drawn. We object to another panel being drawo ‘until this one is exhausted, or during the trial. Judge Brady—Go on for the present; we may get & jury {rom this panel. ir, Gumbleton then relinquished his grasp on the wheel and stood aside. FIRST PEREMPTORY CHALLENGE. Edward H. Baxter, who had an objection to but not @ conscientious scruple against the infliction of capital punishment, was found competent on his stating that though strongly of opinion that mur- derers should be rigorously prosecuted, he still had no bias against Scannell, The defence chal- Bree him peremptorily. , ir. Drytus shook his head—he never heard or read of those parties, MR, DRYFUS THE FIRST JUROR. Both sides considering Mr. Dryfus’ mind the de- sirable frame to enable him to act, he was sworn as the first juror. Mr. Dryfus is out of business at present. JAMES M, QUIGLEY SECOND JUROR. James M. Quigley, a retired merchant, residing in Filteenth street, was sworn as the second juror. Shortly after three o’clock there was another dis- cussion about drawing a new panel. The defence objected to drawing the panel until the present one was exhausted; and, secondly, that the draw- ing was tilegal. fudge Brady said the second panel would not be drawn until the first was exhausted, and ordered the drawing to go on. * Mr. Gumbleton then drew one hundred tickets and read aloud the names, residences and occupa- tiona, The jurors so drawn were most of them merchants. Judge Brady ttren stated that he allowed the panel to be drawn in that manner (in presence of the defence) because no other judge was available, but it conid be done before any of the other judges, and it mast not be taken as a precedent, The Court then adjourned, THE JUVENILE SHOOTING CASE. cae Eadrmtieste Inquest Yesterday by Coroner Young— How Boys Were Enticed Into a Dis- reputable House and One Kilicd=A Verdict of Death at the Hands of Wil- Mam W. Barker, Who Was Committed to the Tombs. Coroner Young yesterday held an inquest, at the Thirtieth precinct station honse, in the case ot John Schaffer, the little boy who was shot and killed by William W. Barker, aged thitteen years, at the house of Mrs, Brown, at 522 Sixth avenue, on Friday evening last, where they were in the Uoge, four ofwiten she sports on fhe avenue every fine day... ‘The first witness sworn was the father of the de- ceased boy, Joan 0, Schatfer, of 528 Sixth avenue— He first heard of the killing about five o’clock, and that it was Barker who shot the boy; went to Mrs, Brown’s house, found his boy insensible, carried bim home, where he died soon after; the boy Barker had been in the habit of playing with deceased, but he had never heard of any difficulty between them, and deceased had never informed him that Barker carried a pistol; he had forbidden his son going to Brown’s house on account of its reputation. Apoline Mallet, alias Florence Brown, keeper of the house where the boy was shot, testified that she had lived there five years; knew deceased that length of time, and the boys, including young Schaffer, were in the habit of taking out her dogs; as she did. not see the shooting nor hear the re- port her evidence was of no importance. Thomas B. Senior, @ boy living at 5z0 Sixth aye- nue, testified that he was in the house on ees aiternoon; sent there by his cousin Edward M. Senior, to return a wrench which he had borrowed; Victor Picardo, his brother, and Johnny Schaffer, Barker and other boys were there playing; wit- ness heard po quarrelling; Schaffer and Victor were playing, when Barker pulled out a pistol, and, pointing it at Schaffer, said, “Look out, I'll shoot you;” he then put it in his pocket again; Mrs. Brown entered the room, lighted the gas and told the boys to keep quiet; Barker took the pistol out of his pocket again, and, loosening the barrel, cocked {rand snapped It, but it did not go off; he pointea it at Schaifer.and told him he would shoot hin; Schaffer said, “Look out; you will shoot me;” he cocked it again, aud, pointing it at Schaffer, pulicd the trigger, and it went off, and Johnny was shot in the right temple; he had his hand up to his head when shot; Barker said, “O, my God, what wilil do?” he threw the pistol under the bureau and told Schaffer’s little brother to keep quiet; witness saw the pistol with Barker the night before the shooting, and he showed him and another boy, named Smith, two pistols, one of which was loaded; witness recognized the ps produced; never heard him taik of shooting his grandfathcr. Victor Picardo, of 1,270 Broadway, stated that there was no quarrelling between the boys; Schaf- fer and witness were playing with a fox’s tail, and Barker took the tall and hit Schaffer in the face; he then pulled out a pistol, but put it back again in Re pee the at cae be pointed ft shatter a4 pulled it out again, pginted It at Scharrer an said he would Ehovt fin; hatter ea his Hite é to his head, and said, “Look. out, Wilile, ate will shoot me; Barker snapped the pistol, abd It went off and shot cee he conld not say whether Barker was angr} with any of the boys; saw Barker with a pistol ek ago Sunday; there were no ye words between prisoner and deceased whem ths shooting took place; Barker never told witness where he got the pistol; witness declared that no one had instructed him as to what he was to say before the Coroner, John Herdtfelder, the gunsmith of 352 Seventh av- enue, at whose store the pistol was purchased, and his wife, were examined, From. their evidence it appeared that on Wednesday Mrs. Herdtfelder took the fatal revolver tn exchange for another Briss 3 and the same day sold it to # boy like the pi er for $1 50, who showed @ smal one be had in his ket, saying he wanted a larger one, as he had ogo in the country and it was dangerous now to go without a pistol, He purchased some cartridges and carried both pistols aways ‘Tharsday he went to the gunshop and paid Herdtfelder ten cents for airing the weapon, or. Mara who Trade the post-mortem, testified that deceased came to his death by @ pistol-shot wound, and the case was given to ‘the jury, the Coroner aweiling at considerable length upon the growing evil of boys carrying pistols, and the ne- ceasity for some measures being taken to prevent dealers in dangerous eanens disposing of them to young boys. The verdict was that deceased came to his by @ pistol-shot wound received at the hands of Will 'W. Barker, and they reo- ommend the bok i to adopt measures to Bs. vent the sale of firearms to children or other irre- sponsible parties, The Coroner committed the accused to the Tombs to await the action of the about it. ir, Spencer reminded him that the killing took Place in November. He had heard that a murder had been committed, @nd had an impression of the fact, and, Le | having occurred to change it, it remained an ight require some evidence to remove It. Mr. Pheips—I have not any distinct impres- ‘sion on my mind as to the guilt or innocence ul the ner. Challenge sustained, Marcus B. Bookstaver had heard of the homicide, but bad not formed an opinion. He had read the acconnts in the newspapers, but without believing Gwbelleving them, "He beloved that Denghoe Grand Jory, DEATH IN THE LUNATIO ASYLUM. Yesterday morning @ note from Warden Beach, of the Lunatic Asylum, Blackwell's Island, dated on the 7th inst., reached Coroner Herrman at the City Hall, The note stated that Sarah Rooney, un inmate of that institation, had died under circum- ry requirmg @ Coroder’s investigation, but it failed to give auy fact® conceining the mauner of her death. A DSADLY NIGHT FRACAS, * A Public School Prineipal Shot by a Jealous Husband. The End of a Christening Party—Esccrting An- other Man’s Wifo Home—A Conflict in the House and a Bloody Duel in Second Avenue—Dengerous Condition of the Wounded Man, ‘The critical position in which William Foster, Edward Stokes and other murderers find them- selves secms to in nowise deter others irom a free uge of the Knile and pistol, and homicides occur almost daily. The latest case, that is partially shrouded in mystery, occurred about half-past twelve o’clock yesterday morning, the parties to the shooting being persons moving in good society, the one foilowing the occupation of principal of the East Seventeenth street Grammar School, and the other that of a clerk in an importing house. Their names are respectively Dr. Hugh Wil- liamson, of 142 West Sixteenth street, aged about forty-five years, and Martin Walm- quist, of 802 Second avenue. As near as can be ascertained by the police of the Twenty- first precinct Dr. Williamson and Mrs, Walmquist met on the previous evening at achristening party up town, and remained rather later than usual, On taking her departure Williamson, who claims to be distantly related to her, escorted her home. Her husband, who had spent the evening in another part of the city, arrived home before her, and, find- ing his wife absent, let the green-eyed monster take possession of him. It is said he rushed through the house lke a madman, breaking every- thing he could get his hands upon. While engaged in this demolishing process the wife and her escort arrived at the door, and the former, afraid to encounter her husband in that mood, sent the Doctor in to pacify him. On entering he was met by a torrent of abuse from Walmquist, who ordered him out. Hesitating to leave, Williamson was attacked by the inturiated husband, and the men fought all the way down to the street. Arriving there the fight was renewed, and finally pistols were drawn by both men and a number of shots exchanged, resulting in the slight wounding of the husband, and the lodging in the Doctor’s groin of @ ball that, it is feared, will pre- vent him from ever gallanting another man’s wife home. The firing occurred corner of Forty-second street and Second avenue, nearly a block above the house in which the fight originated. The reports of the firearms attracted the attention of ofii- cers Kelly and Rielly, who ran up and found the men clinched in a_ deadly encounter and beating each other with the butts of the pistols, They were removed to the Kast ‘Thirty-fllth street station house, where Police Sur- goon White was in attendance, and after probin for the ball for nearly an hour unsuccessfully, Wil- amson was sent to Bellevue Hospital in an ambu- lance, arriving there about two o'clock in the morning. Walmquist's wound, which was in the hand, was dressed at the police station and ne was then locked up, Walmguist was arraigned before Justice Coulter at the Yorkville Police Court yesterday morning and was committed to await the result of his victim's injuries, His wife and child accempanied him into Court and took a seat beside him while he was waiting for the magistrate to arrive, bat of the many women in the Court at the time she looked the most unconcerned, She has a hand- some pale face and jet black eyes, wiich twinkle with a strange light, that would be very disturbing to the nerves of an impressionable young man. The little boy is enly about eight years of age, too young to be able to realize the unfortunate position in which his father was placed, cae the invitation of the Court the accused stated ry WILLIAMSON WAS AN OLD ACQUAINTANCE, who for some reason or other had several times attempted to turn his wile against him. Two years ago the prisoner got into a diticulty with William- son, who had told his wife some ugly stories about him, and on that occasion WILLIAMSON FIRED AT AIM with the intention of killing him, nothing to him, on account of his wife, whose name he dtd not want to have publicly spoken of in connection with that of Williamson under any circumstances. Last night, he sald, Williamson again interfered between him and his wife, and alter adjourning to the sidewaik they had some hot words with each other. Williamson drew his _re- volver, and before Walmquist had the least concep- tion of his intention fired three shots, One took effect on the forefinger of Wailmquist’s leit hand, with which he threw up the muzzle of Williamson’s pistol, as it was pointed at his head and in the act | ot exploding. Another ball grazed the thumb of | his right hand, causing 4 slight wound. Sheu Wis Sho) PASY'by Williamson the prisoncr said HE GOT OUT HIS TIstoL and returned the fite of his intended murderer tase times. One of the shots, he believed, took effect, “What,” satd the Court, do son suppose wit be the consequence if he dies from this wound?” “I do not know, NOR DO I CARE,” sald the prisoner. ‘Hedeserved it, he had no right to fire at me first.’? Belore going down stairs to prison he conversed with his wife about a minute in an under tone, and then walked out of court quietly. His wife also left the couct without appearing in the least affected, causing it to be said that she had not | much feeling. Oilicer John Kelley and Officer Reilly, of the Twenty-first precinct, who arrested Walm- quist, say that they found both men on the side- walk at the corner of Forty-second street and Second avenue, where the shooting occurred, and that THEY WERE FIGHTING DESPERATELY. Each seemed to he trying to throw the other, and Walmquist was at the same time using the butt end of his pistol on his antagonist with telling effect. They believe that but for their sudden appearance on the scene one or the other would have been killed, there and then. The accused, in his state~ ment to the Court, seemed to avoid saying any- thing that, would reflect upon his wife’s characte! but the impression left on the minds of those pre ent was that Williamson's intentions were any- thing but honorable toward Mrs, Walmaquist. WILLIAMSON AT BELLEVUE HOSPITAL. But he did Williamson, who is @ lar, fall bicoded man, with finely developed head and hair, was quite easy yesterday afternoon jen & HERALD reporter called at the hospital about four o'clock. Dr. Sayre, who had been summoned for consulta- tion with the hospital physician, arrived and after probing for a short time succeeded in, removing the only one of the three balls that took effect. Dr. Sayre expresses the belie/ that if inflammation does not set in Williamson will recover. An elfort was made to converse with him to get his side of the stery, but the physicians positively refused to allow him to converse with any one, Yo Professor Hunter, of the Formal College, who called, Williamson said he was a relative of the woman, had had a previous quarrel with her husband, who had attacked him, and was on his way toattend upon a patient wien he encoun tered Walmquist, who made the assault upon him. Mr. Hunter is not aware of any of the facts of the quarrel, but reports that Willlamson, who 13 a | physician, has been out of practice ‘ly twenty years, following the occupation oj @ grammar School teacher. Both men are quite reticent, but from words dropped it is quite evident that jealousy was the cause of the encounter that may | yet result in the arraignment of Walmquist to auswer for lile-taking, THE HOBOKEN MURDER. Charles Berger, tte car driver who was sus pected o: having murdered the unknown traveller on the snow, near Washington street, appeared at the police station yesterday and informed Chief Donavan that he (Berger) was not the: author of the charges made by a tribe of Germans to the effect that the policé’authorities had treated him | brutally while in custody, Whether Berger made this statement or not it was believed by no one, except by @ number of clannish Germans, that the Police authorities had overstepped their duty. They found: blood and hair on the switch- turner; Be knew ex-Oiieer Woodiine could swear, to the best of his knowledge and belief, that deceased was on the horse car at ine very hour of the assassination; they knew that Berger when arrested could not say when he lert the pth and in view of those circumstances they couid do nothitig élse than to hold him in custody until some new light could be thrown on the case, Nevertheless, @ meeting of Germans ts called for this evening to bathe against the action of the police in having the audacity to accuse a German of murder, ‘These Germans seem to forget that the public mind is yet far from being settled as to the manner in which the man Was brutally murdered, and that they have no right to: attempt’ by furious howis at @ meeting to overawe the lawful authorities. Many of them seem to forget that a German deserves tie same treatinent a8 a ma citizen HS - THE SLAUGHTERED SHOBMAXER, A Tragedy Envcloped in Greater and More Startling Mystery Than the Nathan Murder. LITTLE NEOK’S HORRIBLE NEMESIS. The Theory of the Manner in Which the Crime Was Committed, The murder of James Graham, the shoemaker, of Little Neck, by some unknown persons on Friday night is one of the most mysterious tragedies that ever were recorded in the annals of dark and bloody deeds, even surpassing the death of Nathan in its terrible and singular details. ‘The whole district of Long Island surrounding the fatal spot is full of excitement of the most intense kind, and the’ greatest perplexity exists as to the identity of the cowardly perpetrators of the crime, for it is now assured that there was more than one person te do the brutal work. The constable of the place, George Roe, is very properly quite reticent on the subject of theortes in regard to the murderers. Heisa tall, sinewy individual, with whiskers of a rich brown hue, growing in their native wildness, and sharp black eyes, THR ABSENCE OF A CLEW. On Sunday Constable Roe searched the woods, fields and paths surrounding the village for some traces of the criminals, but without any success, Yesterday he groped with a pair of long tongs in allof the cisterns near the murdered man’s house with the hope of discovering the heavy iron impie- ment or piece of iron with which the awful blows were dealt which sent a soul into eternity, Nothing at all of asuspicious character came to Ngut. Descriptions heretofore published of the scene of the murder have been in not a few particulars in- correct, The house 1s a small one, two stories in height, painted without a gloomy brown color and having four windows in front and a door which opens into the workroom or shop of theshoemaker. ‘This apartment is about fourteen feet square, and con- tains a bench, lasts, boxes, boots, shoes, sides of leather and many other articles which it would be impossible briefly to describe. In the corner of the room towards the woods at the rear of the house is a door, behind which is the fight of stairs leading to the garret where Graham slept, always in solitude. In the corner of the workroom in which is the door which opens upon the Lakeville road is the other door, the entrance of the salesroom, where the deed was done and the body was found. THE MANNER OF TIE ATTACK upon the unsuspecting victim has now been placed almost beyond a doubt by a careful linking of facts, The theory owes its origin to Judge Lawrence, of Flushing, who is very deeply interested in the case, According to this idea, the murderers, who were two in number, must have entered the shop at about nine o’clock on Friday evening. The crime occurred between that time and the hour of eleven, Constadle Roe and John Bennem left the tavern, which is opposite the shoe shop, at about half-past nine, shortly before the barroom was closed, and took the Lake- ville road toward their homes, which led them in the direction of the house of ‘Squire Pre. vost, which is about a mule distant. When a little way beyond Graham’s shop they met two unknown men, whose appearance they conld only dimly discern in the darkness, They at the time thought nothing of this circum. stance. Either a little earlier or a_ little jiater im the eveniug @ man named Wil- liam Bosworth was standing on the back stoop of the grocery store next to Graham’s shop, and noticed through its garret windows that his light was burning and flickered against the raft- ers. It was his custom to keep this burning till morning, and Bosworth thought that he must have gone to bed. While still standing on the stoop, however, he saw two men go by, having come from the direction of the rail- road, opposite to that from which the two men came who were seen by Constable Roe and John Rennem. They walked from the road to the door of Graham’s shop und entered, the lock apparentiy not being turned. He then concluded that atter allGraham could not yet have gone to bed, and turned and went home and to bed himself, ihe next link in the chain is the supposition that the men found Graham in his workroom, and that one of them stated his desire to purchase a pair of It is probable that the first obj pots, ect they had in view was to keo engagan the _atraned: ve ono puummuker a8 long ~reasihia, he being lonesome and perfectly will- Ind’ to talk Wnt AVETY ANE AIPA MARA ARN! ject, which Was to kill him and to pillage the house, ‘After some lengthened conversation, the man whose expressed desire Was a pair of boots, was led into. the salesroom by Graham, who carried with him in his hand the Kerosene light. The work room was then left in the dark and the other man re- mained in making ready his weapon for the terrible deed which was to be done. He stood in the darkness glowering out of its glooms uvon his unconscious victin, who stood in the other room with the full glare of the light upon his handsome form. The accom- plice, meanwhile, was inspecting the boots which were shown him with extreme deliberation, no doubt, and Graham was good-naturedly seek- ing to suit his wants. He must have been @ poorly dressed man, for the indica- tions were on the morning of the discovery that the first pair whicL were shown him were ver; coarse and heavy bi ns. ‘ihen there were evi- dently a better pair taken from the case as they were found on the floor, There may also have been others exhibited; but fMnaily Graham showed his customer a pair ef comparatively fine boots which were composed of what is called “kip” leather. These the man was satisfied with, and they were done up in a bundle and handed to him, Then came the critical point in the execution of the plans which had been carefully laid by the murderers, The purchaser showed an intention of leaving without paying for what he had pur- chased, and Graham stepped between him and the door, demanding his money, and with his back turned towards the darkened workroom in which stood his assassin with murder in his heart, It was the oment for THE FATAL BLOW, and it came from ont the dark into the light, crushing into the brain of the unthinking victim, who probably never spoke again. The iron instru- ment which was used broke through the skull, behind the ear, at the base of the brain, severing, as the examination by the doctors showed, the large artery which passes in this La ts from the neck to the interior ofthe cranium. The terrible force of the blow not only felled the doomed man, but, being given with the right hand on the right side of the back of the head, turned im partially about as he went down, rubhed his bloody head against the door and it {8 daubed with gure, The manner of the blow caused him to lie, wuen discovered, with his face upward, When he was struck from behind Graham was struggling with the accomplice vo take the boots away from him, a8 a piece of the paper in which they were wrapped was firmly held in his col and stiff hand, dust as the terrible blow was ven he was also stabbed from the front with @ dirk or dagger, causing the wound at the bridge of the nose, which bears the indications of having been caused by such a weapon. When he fell another and most tremendous blow was given with the fron instrument, which struck in its descent the knob of the open door and broke it off, and cut @ fearmi gash In the forehead of the murdered man, who had probably even then breathed his last breath. Another blow was given on the forehead with the same instrument, and then the villains seem to have been satisfied that their bloody crime was complete. They next searched for money, turning his pockets inside out, and, doubtiess, they then tumbled through the papers in the garret, although tne evidence must be confused on this poin because of the wnexampled conduct oO Justice Prevost in rinitting them to be afterwards disturbed. When they left the honse the murder- erga a6 has been seep, no further clew to their actions. Two men, named John and Thomas McCreary, in the employ of Squire Prevos' Justice of the town of North Hempstead, and who halt-brothers —_ ol the de- were allow by him, upon assuming charge of the case early on Saturday morning, to change the whole order Of things in the house be- fore the jurors came, and to take away some cloth- ing. What else they may have done is not known, except that they gave to Squire Prevost some bank books an papers, which he has yet failed to deltver to Coroner Reimer. 8 neighbors are very indignant about the action of Prevost, and especially Judge Lawrence, who, when he arrived, caused the place to be guarded ahd for- bid any further molestation 01 its contents until the Coroner came. Some of the evidence given by the assumed half-brothers at the inquest on ceased, ny r ‘hen just suspicion of guilt attaches to him. vue narrow-minded y who are to meet to-night exclaimed. In seve laces yesterday that Mayor Schmersahl wonld have to attend their meeting, and that he should do as they sald, Whether this is 80. or not remaius to be n. The people will not the terrible pressure Drought to bear OM. the authorities by Berger's friends, A point worthy of notice is te testimony of Dr Buck, the Coumty Physician, whose evidence at the inquest was Jar irom being con- sistent, He spoke more like @ lawyer of Berger than like a medical authorty om the mature of the wounds, Saturday was ther confused in regard to their conduct and claim of relationship to Graham, who, it is said, alwaya asserted that he had no relatives, Aman, claiming to be his uncle, with his daughter, were also at Little Neck yesterday viewing the remains. a THR CONSTABLES AT WORK. Marshal Frederick Smidt and Constable James Smith, of Flushing, were engaged all day yester- in looking for the clew. A man was arrested in Jamaica by the authorities there ou suspicion, and on examination of papers in his ‘ket it was found that he was an r im the British army. | He wae under the induence of delixium tremens, and Knew neither himself nor hi ‘roundings. ahe = ervisors of the town are to hoki a meeting ra reward ir a pth for the capture of the mur. Coroner Reimer, who has had full chai of the case trom the time it was resigned to nie hands by Judge Lawrence, who acted in his absence, will continue the investigation on Wednesday, When Justice Prevost will be examined in tine ber his heed conduct. ‘The names of jury empanelied are as follows:—Isaac Pool, William Anderson, Cornell B. Smith, William 1 B Stevens, George Herrick, Stephen Wright, James | R, Chapman, Loula Peanem, segnaiss Perry. Another post-mortem exatination is to be mae, ind the Ly will not be buried until after the close of the inquest. It is #t present lying ina coffin in the room where the .ragedy occurred and where the floor is still stained with frozen blood, THE JERSEY CITY MURDER. Trial of John Doris for the Marder of Thomas Donnellan, ‘The trial of John Doris for the murder of Thomas Donnellan, at Jersey City, on the night of November 14 last, was commenced at Jer- Bey City yesterday, Judge Bedle presid- ing. The following jury was empanelled after @ great many challenges on the partof the de- fence :—William Taylor, foreman; Robert Shannon, Daniel Ward, Frederick Spargeman, Andrew Selcrig, William Midmer, James Higgins, Thomas J. Hagen, Charles Drescher, August Boemeke, Michael Brady and Hugh O, Johnson, District Attorney Garretson appeared for the State and Leon Abbett and A. 8. Clake for the de- fence, ‘The first witness was Michael Dogherty, who tes- tifled:—I keep a liqnor saloon corner of Railroad avenue and Henderson street; was in my saloon on the night of the 14th of last November; Doris tended bar for me; he and I left together after we closed up the place; on the way we met Donellan; Doris called him a toafer and struck hin; Donellan staggered back into the street, but did not fall; Donelian followed us and asked if the two of us were going to lick him; I said that no one was going to touch him, and Donctian then shook hands with Doris and asked us to go over and HAVE A DRINK im Roche's; we went in and Donellan at once threw off his coat and sald, “You licked me outside when two of you were there, now you can’t do it here;” he added further, *‘Are the two of you goin; to lick me?” I said no; he then shook hands with Doris and said, ‘Let us be friends;? when Donel- lan accused Doris of striking him outside Doris said he did and could do it again; Doris.asked me to have adrink and before I had time to take it Donellan stepped back and struck Doris over my shoulder; I turned round and THE SHOT WAS FIRED; Donellan stood for a moment and then exclaimed that he was shot; somebody asked him if he was sure he was shot, and he said he was, that he feit it; he then pulled up his shirt and showed the wound; he laid down on the floor, called for police and asked if he was going to be left there and DIE LIKE A DOG; Iput my finger on the wound and said, “This isa bad job, the man is dying; whenI got up Doris was gone; he left his coat upon the bar and I picked it up; Roche was calling for a policeman; I whistled, and a policeman came; we were all taken to the station house, where we were locked up till twelve o'clock next day; when Doneilan shook hands with Doris he said aomething hike “It's all right, we are friends; Donellan took his coat off in the middle of the room and threw it on the bar; he struck Doris in the nose and I SAW THE BLOOD come; when the shot was fired and Donellan sat down on the barrels Doris said, “Served him right,” or something to that effect; Donellan seemed to be under the intinence of liquor, Patrick Roche testified :—1 keep a liquor store at the corner of Steuben and Henderson streets; Doris and Dogherty, his boss, came in on the night of the 14th of November last, about twenty minutes before twelve o'clock; four persons and myself were there at the time; Donellan came in after them; Douellan took his coat off, threw it on the bar and said to Doris, “Now you can’t fight me here as you did out on the street; Doris turned round, looked at him, and said, “Get away;’ Donellan said, “I want you to fight me now; I spoke toa man named Memation to get between them; Donellan asked for a drink, and I had not time to give it to him when he came up and struck Doris on the nose, after which he stepped back on the floor; previous to this Dogherty asked Donellan what he wanted to call the police for outside, and he answered, ‘“To have ye arrested ;” when Donclian said, “PM SHoT,’? I satd, ‘Are you sure you’re shot?” and he pulled te his shirt and showed me the wound; he kept his hands on his abdomen, and asked me if 1 ceuld not do something for him; I sent for a clergyman and a doctor; I went ont to give an alarm, and when I came in Doris was gone and his coat lay on the bar; an officer came and took Donellan to the hospital, ‘Thomas McMahon was the next witness, and he corroborated the foregoing testimony. A NEW ARMORY FOR “THE SEVENTH. PSE Ay GEREN colonel Clark Explains Why the Regte ment Ought to Have a New Armor: New Nemes Bab 40, 107% To tne Epiron or THe Heratp:— ‘An article iu one of the daily newspapers unfavorable to a project in which every officer and member of this regiment is deeply interested suggests this communica- tion, The movement in favor of an armory for this regiment in Reservoir square has the united support not only of its present members but of the many thousand business men of this city who, during the past fifty years, havo served in its ranks, The petitions for this object havo also been signed by thousands of the largest taxpayers in the city, and the enthusiastic favor with which the measure has been received by leading and influential men cf every profession and business pursuit la as remarkable as itis gratifying. The important tact in the case is simply. this—that a new are mory in acentral location is positively necessary to secure the continued efficiency and prosperity of this regiment. Avery large majority of the members ot this regiment reside between Thirtieth street and the Harlem River, and the centre of the population which it repre- sents is constantly moving northward. To attend weesly drills at a place so distant from their residences as Towp- kins Market is extremely burdensome. For the same Feason it is almost impossible to obtain new members to fill the places of those who are discharged at the expira- tion of their term of service, and in case of riot or dis- order it is dificult to assemble the regiment promptly at a place 80 disiant from the residences of its officers and members. ‘The reasons for locating the new armory at Reservoir square are as follows:— First—It is central, and an armory in that location would be accessibic to a large majority of the regiment during the neat half century, : ‘Second—Reservolr square is notlarge enough to be of any greatservice as 4 public park, and is not necessary | for ‘hat purpose on account of its proximity to Central Park. Third—The occapation of a small portion of Reservoir square for this purpose would not injure it asa “breath- ing place,” as only that part actualiy occupied by the building would be ised for military purposes, Fourth—The value of adjacent property would not be injured by the erection in the centre of Keservoir square of such a building as is proposed. ‘Fith—There is no other property belonging to the city which is properly located or available us a site for an armory for this régtnent, To authorize a Lease of the ground in the desired loca tion to he gecut Jed for an armory an act of the Legisia- tire ie befeved to be necessary, But the act. proposed Jeaves with the Board of Supervisors the sub, Propriation for armory as well as the entire Jans for building. That Board has the cgendehce of the well as of this regiment in leaving th XDyeinect of expenditure to the wistom and discres whole subject of tion of the Board of Supervisors it iy belteved that this feulment wil receive ll assistance that may be neces- sary and that nothing will be done ip the matter preju- aidlal to the public interests. The officers and peers 6 f this regiment have pot deemed it expedient to % Psy pervisors to purchase or lease lan of the city sumcient jn extent fo floor ; but h Upper part with drill rooms on the groun it to be the interest of all concerned to ask f small part of Reservoir square, now the property of the Nie erection of an armory in this square would leave vacant the Tompkins Market Armory, which would Afford ample and excellent accommodation tor any Ment whose members reside below Twentieth street. The rental of one armory would thus be saved to the hy and no additional wove would be incarred by the wr ‘of the Seventh regiment to @ location conveni- ent its members and necessary to its prosperity and Otte earnestly desired by every officer and member of this regiment thatevery newspaper in this city shoud ublish the memorial to the Legislature upon is sub- ject as well as any bill which the Committee of the As- sembly mav favorably report. The greater the publicity the more certain fs this measure to secure — ap. Proval and consequent success. The valuable services s, ment on many occasions during half, (sm ee public ni in u propert § have always mn api Fectated, and it is confidently believed that the reo ad of New York will not allow this regiment to languis! for the want of a suitable armory im @ central location. Nor will the public iy Spas the regiment has been. nN mainly self-supporting rooms at Tompkins Mar- Ket have been fitted up at ibe expense of its members to the extent of nearly one hundred thousand dollars, and that its members voluntarily give their time many thousands of dollars annually, to maintain & ry OF ganization which is @ reliable and valuable aid { es Civil authorities, and which is generally concede’ Aa ; Haare eae rele ot the: sever regiment ¢ efliciency and reputation o! the future id the. object of those who petition for new mory at Reservoir sqai Very ee OLX ole N! Y., ; anding Seventh resiment N. G., 8. N. Yo. coon pairiman General Conupitice of New Arinory. HIGHWAY ROBBERY IN BROOKLYN. 2 Ne treet, Mr. John Flower, residing at 172 Nevins was on his way home, about nine o'clock last night, when he was suddenly set upon by aparty of four rofans, who struck him on the bead, stunning him senseless to the sidewalk, The ann ee then rifled the pockets of the and decamped wich hin wallet, Prien contaiped $11, ns assault Was geepiiee few feet 01 Plower’s residen e Myarea ‘man was 8 ny attended by Dr. Tucker, Who pronounced the patient's case eritical. JEALOUSY, RELIGION AND MURDER. Luigi Lusignani, an ftalian, and Solomon David Moon, an Irishman, Arraigned at the Morris County Court, N. J., for the Murders of Their Wives. ORY OF THE CRIMES. Jealousy tho Motive in the Oase of the Italian—Religion and Drunken- ness in the Other. For the first time in the history of Morris county two murderers are awaiting trial at the saine term of Court, What makes the circumstance the more remarkable is the strange coincidence that both the cases are cases of wite murder and both of atrocious and revolting barbarity. The first la that of Luigi Lusignani, an Italian, whose trial wag, commenced yesterday afternoon. The story of tha crime is as follows:—About three years ago Glox vannt Bercottl, an Italian, came to Dover, N. J., & town of about 6,000 inuabitants, six miles from hera on the line of the Morris and Essex Rallroad, Ho was in search of employment, and succeeded im getting work at his own trade, that of a shoe. maker, By industry and economy he, in about year, saved enough money to purchase a store of his own, and when he had got started in business, he went to New York for @ short time, returning: with an Italian woman named Johanna Moost, wha lived with him as his housekeeper. The woman was twenty-four years of age, and Bercotti about one year older. The pair lived happily together until the 7th of last November, when there arrived! at Dover on the early train from New York twa men, On arriving they inquired the way to Ber-, cotti’s store. The individuals were LUIGI LUSIGNANI, : or No, 18 Baxter street, New York, and Mariella Phillipi, @ fellow laborer, who lodged with Luigi in the same house. When the two men came ta Bercotti’s store Luigi claimed the woman Moosi as his wife, and demanded that she should at once return to her home. She refused to do so, elleging that when she Was at home she was go ill treate she had to go away. She went outside the store and for some time conversed with the maa who claimed to be her husband, Phillipl in the mean- while remaining with: Bercotti, whe was at work. After talking some time outside the store Luigi and the woman came iuside again, and the former, reiterated his demand that Johanna should ac- company him. She again refused to do so, and at this point Bercotti interposed and said that i Luigi would return to the city he would persuad the woman to follow him, Johanna spoke again and said she would never go, when LUIGI DREW A KNIFE from hig coat aud plunged it into the unfortunate’ woman's breast. He then tried to escape, but Barcoiti laid hold of him, receiving in the con- flict two terrible wounds in the abdomen. The desperate assassin was, however, despite his struggles, secured. The woman died instantly, but Bercottl, though his life was for some time im anger has recovered, and wiil be able to testify, at the trial. Philiipi, who did not interfere whiia the terribie affray was in progress, has been held for a witness. He and Luigi were street laborers, and, owing to the short time they have been in New York, they speak no English, At the time of the occurrence the excitement was so intense that it was with great difficulty the people could be pre- vented from lynching Luigt, and the trial has beem looked forward to with greut interest. The other case 18 one of even more revolting barbarity, Itis that oi David Moore, who stands, charged with the murder of his wife on the 28th of November. ‘The couple lived in a lonely shanty, im a wild place, called Irishtown, about two miles from Dover. On the 29th of November two youths, who were out squirrel shooting, passed near the shanty of Moore, and in the rear they found the body of @ woman, who was recognized as Mary, Ann Moore, the wife ot Soiomon David Moore, The body was covered with wounds and bruises an® was fearfully disfigured. It was without covering, with the exception of a linen undergarment, and this was frozen. When the interior of the house was examined the. rooms on the ground floor were found to be COVERED WITH BLOOD, and other tokens were revealed which showeY that there had been a fearful tragedy, The mark in the freshly-fallen snow denoted that the dead body had been dragged from the house to the brook side. Mvore had returned home the night before the body was discovered and was nowherq to be found, but a pair of overalls which he had worn were found in a closet smeared with blood. It was supposed that the man had come home Saund ofthe, PAACARTAL OLE OP Pengo difficulties, she beng a Roman Catholic and he a Protestant. A week after the crime had beeir committed Moore was traced to Orange, and from thence to New York, where his track was lost. He returned to Dover in about three weeks afterward, pretending entire ignor- ance of the death of his wile. He was immediately arrested and lodged in the County Jail at Morris- town. As there is no direct evidence to implicate him it 1s believed that bis trial will be an interest- ing one, and his counsel claim that they will ba able to produce a good defence; but the ‘chain of circumstances relied upon by the prosecution 13 very strong, and the attorneys for the people as- sert that they will have no difliculty in fastening the deed upon the prisoner. ‘The trial of the Italian was set down for half-past two o'clock yesterday afternoon, and at that time @ great number of people assembled in the viemnity, of the Court House, a handsome structure on & rising ground in the heart oi the town, When tha doors were opened THE CROWD SURGED IN, and In a few moments the court room, which holds about three hundred persons, was crowded to suf- Jocation. The audience included a large number of females, who wished to gratify their curiosity by the unusual exhibition of the two wife murderers. Chief Justice Dairymple, & keen-looking little man, was the presiding Judge, and with him were the two associate Judges of the district. As counsel for the people appeared La Mott, Prosecuting At- torney, assisted by Attorney General Gilchrist. For the prisioners appeared the counsel assigned by the Court two weeks ago, when the indictments were found by the Grand Jury—Messrs. Church, Wurts and Mills, A small army of reporters, through the courtesy of Sherif Vandever, were furnished with seats at the same tables with the lawyers. : ‘At three o’clock the prosecuting attorney called on he ¢ of the people against Luigi Lusignani, and moved for an immediate trial, Mr. Wurts, one of the counsel for the defence, asked for a postponement, as the defence were hot ready to proceed, owing to the fact that they had only just PROCURED AN INTERPRETER and had only ouce communicated with the pris- oner.. In aduition there was a material witness for the defence absent, and the senior counsel, Mr- Vanetta, was also unable to attend, Under these circumstances Mr. Wurte asked for @ postpone- ment, which, after some consideration, was granted, the trial to come off on Thursday morning. ‘The case oi the people against SOLOMON DAVID MOORE, for the murder of his wile, was tuen called and triaX asked for, e Mi, Mills, of counsel for the defence, requested that a short delay might be granted tn order thas the defence might more tuliy have time to collect important testimony ou beualf of the prisones which could not be forthcoming for a day or two. This motion was resisted, but Jydze Dairymp'ey taking into consideration the fact that the pr meee was a man Without moncy and had counsel assign - to him, consented to adjourn the case gots er _ nesday, when it will be properly called, ‘ne teen was then adjourned amd the crowd of people fle out, eagerly discussing tne chances of the prisoners It is generally believed that the result 0! 1o trials will be verdicts of murder tn tho first degree, and as Jersey justice 13 proverbial the. oe ol the two men will, ip all probabiilty, be expiated, on the scaffold, The defence of Lusignant will, it is tert, develo) pe on the counsel consisting in ali@ged seduction of tne wile of Lusigna nt Cott. upon ied elk gay 5 MORE VIOLENOB, © wie A Woman Bratally Beaten By Her Hus- band. John ©. Smith, of 310 Bleecker street, was are rested yesterday by ® policeman of the Ninth precinct, and taken before & Justice at Jefferson Market Police Court, charged with brutally beat. ing hia wife, Maria T. Smith, ina manner that ene dangered her ite. It bd pet from the story told by Mrs, Smith that her yand kicked as well as beat her, and as the lady was at the time in @ critical condition the violence was cousid- ered more than brutal, Mr. Smith has several the Ber- times before been guilty Of the same conduct, but heis ikely this time to be panished for his iniscon- duct. When arrested he was taken to the Beers inet bape age pt Captain Washbourne the the into the merits of the case, and the! to examine the Bape ‘and state ort e inde doctor re] Mra, Smith badly ‘tu husband Was aent to Reet, we gine td case turning out tobe a Nnetide it 8 Smith was heid by the Fhgricra gumh of $1,000 to answer. Not being al the amount Mr. Smith was locked up, anid ‘will no doubt be a warning to imany gen’ the city who indulge in the reeling imaginative irrequlari holds, some interesting features, the *