The New York Herald Newspaper, February 11, 1873, Page 9

THE MURDER RECORD. Retributive Justice Claims a Hear- ing in the Courts. The Murder Calendar To Be Wiped Out. THE SCANMELL-DONOHOE SHOOTING. The Case Begun in the Court of Oyer and Terminer, Before Judge Brady. ONLY TWO JURORS OBTAINED, Yesterday morning, in the Court of Oyer and ‘Termuner, Judge Brady presiding, the trial of John Scannell, indicted for the murder of Thomas Donohoe, was commenced. The rapidity with which, unhappily, murder on murder’s head accumulates and has been accumulating of Yate, and the public interest excited as to the result of the trials of the parties charged with the dreadful crime, in consequence of ‘their 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 Officer Smedick was one in 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 his home by a public conveyance. Here the instigating cause was, no doubt, the passion Ambibea 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 Scannell. The general incentive to murder, rob- Dery 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 Johnson's club room—thoe scene of the murder of Donohoe—and betting 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 to a 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 his foe, Im connection with this terrible deed before so 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- fnge of vengeance against Donohoe, whom he htfully or wrongfully supposed the slayer of his tester ont 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 lence 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 prommey on the bench. Mr. Phelps, the District Attorney, appeared for the people, the Pipe being represented by Mr. Beach, Mr. W. ’. Howe and Charles Spencer. - The first duty, after notification of readiness on the part of the people ard of the defence, was to call the roll of witnesses for the prosecution. Only 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- Gay morning. |: rape + qs" "> EMPANELLING A JURY. This tedious business then proceeded with the usual result, the whole session being spent in obtaining only two jurors. The rst witness who answered to his name was r. Anthony Saffer, but he, however, was ex- cused on bis Own representations of Hability to sudden attacks of sickness, William Coulter, builder, bad known and been friend of the deceased and the prisoner; had heard a good deal about it froin the friends of both Es and read the reports of the alfair 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 partics; Scannell was his next door neighbor, but all he Anew about the matter wis what his children had read to him in the newspapers; he had made wy bis mind not from the bapera, “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 sth Ad Scannell, and did not think he could sit ‘{mpartially 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 iife of a fellow citizen. Any one whom the oilicers noticed so violating the rules of Sala athe 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 8 brother of Mr. Donohoe. He was not a Tammany man, but had a decided opinion, which it would require evidence to remove, Mr. Howe—Where do he reside ? duror—No. 11 University place. Mr. Howe—On the 3d day of December, 1869, Piorence Scannell, & brother of the prisoner, was murdered by being shot in Thomas Donohoe’s store, 4, as alleged, by Donohoe. An inquest was held on Jul 23, 1870, when the Coroner’s jury returned a verdict of wilful murder against Thomas Dono- hoe, the persom whom the prisoner is now ar- raigned for lattes No proceedings were taken upon that verdict by the then District Attorney uatil the 12th day of March, 1872, nearly 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 famiiiar with any of those Frocoedings t The District pecrney, objected to the assump- tion in the question that Fiorence Scannell was murdered by Thomas Donehoe. Mr. Howe insisted that the question was preper. Judge Brady—\ir. Howe, you have the rigit to put the question, but I must overrule it. aa Howe—I take an exception, (Exception noted. Mr we (to juror)—Are yon not a member of Tammany Hail General Committee, and do you not know that Donohue was also a member of Tam- many Hall? Suror-No, sit. . The juror wasexcused. * ° Jamés J. Mitchell had a decided opinion ahd could not be impartial. Excused. ‘Wiiltam E. Bradiey was in the same position, and ‘was excused. Join W. Brocklebank had not fermed or ex- pressed an opinion. He was chalienged to the favor, and Mr. Beach pa met that the triers to be appointed be men ‘without bias in the case, The Coort 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 in his place and sworn, ‘The juror was then challenged by District Attor- ney Phelps for principal cause, and on being asked aa‘to bis conscientious beliet on the subject of hanging he thought that the law should be carried out. He would require very clear 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 tle Summer. He had some faint impression on his zh S Seas inded him that the killing took . Spencer reminde ie ig to! Place in November. He had heard that a murder had been committed, @nd had an impression of the fact, and, nothin, having occnrred to change it, it’ remained an might require some evidence to remove it. Mr. hed os bong aes distinet bet nilt OF nce vw Prisoner. Chall ust sis en enge s\ ined, Marcus B. Bookstaver had heard of the homicide, but bad not formed an opinion. He had read the scconnts in the newspapers, but without believing or Gwbelicving them, He belteved that Donghoe NEW YORK HERALD, TUESDAY, FEBRUARY 11, 1873.—TRIPLE SHEET. ‘waa kille thi nnell killed him. He didn’t think pope tek the cireumstances. In fact, he did not remember much of what he read, nged to the fav. Mr. Beach—He did enaiaber that he was ‘led in @ pool 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 Sean meal brother jhe had read the appe: e ne pers about the merease of homtcides and had sympathized with them; ho had some prejudice against those accused of murder, and had, he supposed, such a prejudice against the prisoner, but he thought it would not revent him from trying the case impartially upon he evidence. fo 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 gompeliea to find his verdict impartially on the evi- ‘The challenge was overruled, and Mr. Howe ex- cepted, taking the ground that the act of 1872 was unconstitutional. Mr, Howe then challenged to the favor, The er had not formed an opinion the offence committed was murder. He had formed an opia ton an offence was committe? He thought his im- pression was of such @ Datuce as to require cvi- dence to remove it, Challenge sustained. The Court here took @ recess. After Recess. Henry T. vodet, 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. Counsel 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 PANEL, 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 the handle and was about to set the “merry-go-round” in motion, when Mr. Spencer, on half of 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 panel 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, becanse the prisoner wants time to find out the names of the jurors drawn, We object to another panel being drawo ‘until this one is exhausted, or during the trial. Judge Brady—do en for the present; we may get & jury trom 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 nronrly of opinion that mur- derers should be rigorously prosecuted, he still had no bias against Scannell. The defence chal- et 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 enabie 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 wae filegal, fudge Brady sald 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- tions. The jurors so drawn were most of them merchants, Judge Brady titen stated that he allowed the a to be drawn in that manner (in presence of he 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, —_— Inquest Yesterday by Coroner Young— How Boys Were Enticed Into a Dis- reputable House and One Killed=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 house, in the case ot John Schaffer, the little boy who was shot and killed by William W. Barker, aged thitteen ycars, at the house ofMrs, Brown, at 522 Sixth avenue, on Friday evening last, where they were in the habit of meeting to play with Mrs, Brown’s pet dogs, four of which she sports on the avenue every The first witness sworn was the father of the de- ceased boy, Joan 0, Schaffer, of 628 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 him 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 ave- nue, testified that he was in the house on op a aiternoon; sent there by his cousin Edward M. Senior, to return a wrench which he had borrowed; Victor Picardo, his brother, and Johnny Schader, Barker and other boys were there playing; wit- ness heard vo quarreling; 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 keep quiet; Barker took the pistol out his = pocket again, and, loosening the barrel, cocked it and snapped it, but it did not go off; he pointea it at Schaffer and told him he would shoot him; Schaffer said, “Look out; you will shoot me;” he cocked it again, aud, pointing it at Schaffer, pulled 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 will Ido?” he threw the pistol under the bureau and told Schaffer's little brother to keep quiet; witness saw pe 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 pistol produced; never heard him tak 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 his pocket; the first time he pointed it atme; he faa he would Shovt hin; Schatler hed bis hnud op of to his head, and said, “Look out, Wilile will shoot me; Barker snapped the esol ab went offand shot Schaffer; he could not say whether Barker was an; with any of the boys; saw Barker with a pistol a Week ago Sunday; there were no Dery words between prisoner and deceased when the shooting took place; Barker never told witness Where he got the pistol; witness declared that no one had instructed him ag to what he was to say before the Coroner, John Herdtfelder, the gunsmith of 352 Seventh 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 in exchange for another pistol, and the same day sold it to a boy the ner for $1 50, who showed a iw ler one he in bis ocket, saying he wanted a larger one, as he had o go in the country and it was dangerous now to go without a pistol, He purchased some cartridges and carried both pistols away; Thursday he went to the gunshop and paid Herdtfelder ten centa for repairing the weapon. br: ‘3 who Iiade the post-mortem, testified that deceased came to his death by a pistol-shot wound, and the case was given to the jury, the Corouer dwelling at considerable length upon the growing evil of boys carrying pistols, and the ne- ceasity some measures being taken to prevent dealers in dangerous weapons disposing of them to Rt boys. The vorafet was that deceased came to his death by @ pistol-shot wound received at the hands of William W. Barker, and they rec- ommend the authorities to adopt measures to pre- vent the sale of flrearms to children or other trre- sponsible parties. The Coroner committed the accused to the Tombs to await the action of the Grand Jury, 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, an inn of that institution, had died under eirrcum- 8 requirmg @ Coroner's investigation, but it failed to give any facts conce:ning the mauner of her deato. A DEADLY NIGHT FRACAS, + A Public School Prineipal Shot by a Jealous Husband. The End of a Christening Party—Esecrting An- other Man’s Wife Home—A Conflict in the House and a Bloody Duel in Second Avenue—Dangerous 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 use 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 partics 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 atreet, aged about forty-five years, and Martin Walm- quist, of 802 Second avenue. Ag 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 Hke 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. Heslitating 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 a ball that, itis 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 offl- 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-fiith etreet station house, where Police Sur- eon White was in attendance, and after probin, for the bail for nearly an hour unsuccessfully, Wil- Mamson 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, but 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 ee which 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 im Which his father was placed, aay the invitation of the Court the accused stated ry WILLIAMSON WAS AN OLD ACQUAINTANOB, who for some reason or other had several times attempted to turn his wife against him. Two years ago the prisoner got into a difticulty 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 kiliog him, But he did nothing to him, on account of his wife, whose name he did 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 or Waimquist's left hand, with which he threw up the muzzie of Willlamson’s pistol, as it was pointed at his head and in the act ol exploding. Another ball grazed the thumb of his right hand, causing a slight wound. The first shot passed harmlessly by. As the third shot was being fired by Williamson the prisoner said HE GOT OUT HIS PIstoL. and returned the fire-of his intended murderer re tumes. One of the shots, he belicyed, took effect. “What,” said the Court, “do son suppose wik be the consequence if he dles from this wound?” “I do not know, NOR DO I CARE," said the prisoner. ‘He deserved it, he had no right to fire at me first.’? Betore going down stairs to prison he convérsed with his wife about a minute in an under tone, and then walked outof 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. Oficer Jolin (OR ee Ofticer Relliy, 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 Sieee 4 avenue, where the shooting occurred, and C THEY WERE FIGHTING DESPERATELY. Each seemed to he trying to throw the other, and Walmauist 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 onthe scene one or the other wonld have been killed, there and then. The accused, in his state~ ment to the Court, seemed to avoid saying any- thing that would refiect upon his "e character, but the impression left on the minds of those pres- ent was that Williamson's intentions were any- thing but honorable toward Mrs. Walmquist. WILLIAMSON AT BELLEVUE HOSPITAL. Williamson, who is @ lar, fall biooded man, with finely developed head and eat hair, was quite easy yesterday afternoon en & 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 belief that if inflammation does not set in Williamson will recover. An effort 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. ‘To Professor Hunter, of the Formal College, who called, Williamson said he was a relative of the woman, had had @ previous quarrel with her husband, who had attacked him, and was on his way to attend 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 is a physician, has been out of practice ‘ly twenty years, following the occupation oj @ grammar Schoo! 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 Quswer for lile-taking. THE HOBOKEN MUBDER. Charles Berger, the car driver who was sus- pected of 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 bya 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 a number of clannish Germans, that the police authorities had overstepped their duty. They found: blood and hair on the switch: turner; they knew ex-Oilleer Woodfine could swear, to the best of his knowledge and beticf, that deceased was on the horse car at the very hour of the asgassination; they knew that Berger when afrested could not say when he left the lerry; and in view of those circumstances tiey could do nothing else than to hold him in custody until some Sew light could be thrown on the Nevertheless, @ meeting of Germans called for this evening to protest against the action of the police im having the audacity to accuse @ 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 tov attempt by furious howis at a meeting to overawe the lawful autiorities, Many of them seem to forget that a German deserves tue same treatinent a8 any other Pom gd citizen hen just suspicion of guilt attaches to him. The narrow-minded ‘who are to meet to-night exclaimed in_ seve laces yesterday that Mayor Schmersahi wonld have to attend their meeting, and that he should do as they sald, Whether this is 80. 0r pot remaius to be seen, The people will not soon forget the terrible ressure brought to bear om the suthorities by Berger's friends, A point worthy of notice is the testimony of Dr Buek, the County Physician, whose evidence at the inquest was lar irom being con- sistent. He spoke more like &@ lawyer of Berger than like a medical authority on the datnre of the wounds, =? THE SLAUGHTERED SHOBMARER, A Tragedy Enveloped 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 ldentity 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 theories in regard to the murderers, He tsa 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 all of 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 a suspicious character came to light. Descriptions heretofore published of the scene of the murder have been in not a few particulars in- correct, The house is 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 the shoemaker. ‘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 briefy to describe, In the corner of the room towards the woods at the rear of the house is @ door, behind which is the flight 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 ppon 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. Constable Roe and Jolin 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 @ mile distant. When a little _ way beyond Graham’s shop they met two unknown men, whose appearance they could only dimly discern in the darkness, ‘They at the time thought nothing of this circum. stance. Either a little earlier or a_ litte later m the evenug & 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 fickered against the ratt- 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 after all Graham 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 tn his workroom, and that one of them stated his desire to purchase a pair of pore It is probable that the first object they had in view was kee} engagon the attention of tne suoemaker as long ag possible, he being lonesome and pene will- ing to talk, until every one else had gone to bea and tosleep, and then to accomplish their second ob- ject, which was to kill him and to pillage the house. ‘After some lengthened conversation, the man whose expressed desire was 4 pair Of boots, was led into. the @alesroom by Graham, who carried with him in his hand the kerosene light. Tue work room was then left in the dark and the other man re- mained it, 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 victiin, who stood in the other room with the full glare of the light upon his handsome torm. The accom- plice, meanwhile, was inspecting the boots which were shown him with extreme deliberation, no doubt, and Graham was Soon naterediy: 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 . ‘then 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 finally 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 moment for THE FATAL BLOW, and it came from out the dark into the light, crushing into the braiu of the unthinking victim, who probabiy never spoke again. The fron 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 region 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 him partially about as he went down, rubbed his bloody head against the door and it {8 daubed with gure. The manner of the blow caused liim to lie, wuen discovered, with his face upward. When he was struck from behind Graham was struggling with the accomplice to take the boots away from him, as a piece of the paper in which they were wrapped was firmly held in his cold and stif hand. Just as the terrible blow was given he was also stabbed from the front with @ dirk or dagger, causing the wound at the bridge of the nose, which bears the indications ofhaving been caused by such a weapon. When he fell another and most tremendous blow was given with the iron iustrument, which struck in its descent the knob of the open door and broke it off, and cut @ fearfni 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 instrament, 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 the evidence must be confused on this poin because of the wnexampled conduct ol Justice Prevost in rinitting them to be afterwards disturbed. hen they left the honse the murder- SE a8 has been seep, no further clew to their actions. Two men, named John and Thomas McCreary, in the employ of Squire Prevost, Justice of the town of North Hempstead, and who claim to be hali-broth of the de- ceased, were allowed by him, upon assuming charge of the case early on Saturday morning, to change the whole order of thi 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 deliver tO Coroner Reimer. ie neighbors are very indignant about the action of Prevost, and especially Judge Lawrence, who, when he arrived, caused the place to be guarded and for- bid any further molestation o1 its contents until the Coroner came. Some of the evidence given by the assumed half-brothers at the inquest on Saturday was rather confused in regard to their duct ant im of relationship to Graham, who, ays asserted that he had no relatives, A man, eae 80) be his uncle, with his daughter, were aiso at Little Neck yesterday viewing the remains. a THR CONSTABLES AT WORK. Marshal Frederick Smidt and Gonstable James Smith, of Flushing, were engaged all day yester- day m looking for the clew. A man was arrested in Jamaica pr tee authorities there on and on examination of papers in his ket it was found that he wae an officer in the British army. » He was under the imduence of deliium tremens, suspicion, and knew ‘The su, and of neither himself nor his surroundings. pervisors of the town are to hold a meeting Fareward tor the capture of the mur- “Coroner Rel Voroner Reimer, who has had full charge of the case trom the time it was resigned into ms hands by Judge Lawrence, who acted in lis absence, will continue the investigation on Wednesday, When Justice Prevost will be examined in relation to his unofficial conduct. ‘The names of the jury empanelied are as tollowa:—tIsaac Poo), William Anderson, Cornel! B. Smith, William Stevens, George Herrick, Stephen Wright, Jam R, Chapman, Louis Bennem, Augustus Perry. Another post-mortem examination is to be made, and the tg? will not be buried until after the close of the inquest. It is at present lying ina comin in the room where the tragedy occurred and where the iloor is still stained with frozen blood, THS 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 part of the de- fence :—William Taylor, foreman; Robert Shannon, Daniel Ward, Frederick Spargeman, Andrew Selcrig, Witliam 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 wo closed up the place; on the way we met Donellan; Doris caitied him 4 1toafer 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; [said that noone was going to touch him, and bonellan 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 said, “You licked me outside when two of yon were there, mow 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; Dorisasked me to have adrink and before I had time to take it Donelian stepped back and struck Doris over my shoulder; 1 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 felt it; he then pulled up his shirt aud shoved the wound; he laid down on the floor, called for police and asked if he was going to be left there and DI LIKE A DOG; Iput my finger on the wound and said, “This isa vad job, the man is dying; when I got up Doris ; he left his coat upon the bar and I picked it ; 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 Donellan shook hands with Doris he said aomething lke “It's all right, we are friends;” Donellan took hig 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 te be under the intinence of liquor, Patrick Roche testified :—I 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; Donellan 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 Ma) to fight mo now; I spoke toaman named McMahon to get between them; Donellan asked for @ 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, “YM SHOT,” I said, “Are you sure you’re shot?” and he pulled +e his shirt and showed me the wound; he kept his hands on bis abdomen, and asked me Lf 1 ceuld not do something for hin; I sent for a clergyman and a doctor; f went ont to give an alarm, and when I came in Doris was gone and his coat lay on bse Leet an officer came and took Donellan to the jospital, ‘Thomas McMahon was the next witness, and he corroborated the foregoing testimony. A NEW ARMORY FOR “THE SEVENTH. ene Rea eEEeY Colonel Clark Explains Why the Regte ment Ought to Have a New Armory. Heapquarrens, Skventn Rectxxnt, N. G., 8. N.Y., N ‘omn, Fob. 10, 1873, To tax Epiton ov tae FMerau An article Im one of the daily newspapers unfavorable ton project in which every officer and member of this regiment is deeply interested suggests this communica- on, 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 it is 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 aud 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 ix constantly moving northward. To attend weekly Grits at a place so distant frow thelr residences as Tomp- kins Market is extremely burdensome. For the same Feagon it is almost impossible to obtain new members to fill the places of those who are discharged at the expira- tion of their termof service, and in case of riot or dis- order it is difticalt to assemble the regiment promptly at & place so disiant from the residences of its officers und members. ‘The reasons for locating the new armory at Reservoir square aro as follows: Fiat is central, and an armory would be accessible ‘to a large majorit, during the nexthalf century. . Second—Reservoir square is not large enough to he of any greatservice as a public park, and is not necessary for that purpose on account of its proximity to Central in that location ry of the regiment vark. Third—The occnpation of a small portion of Reservoir square for this purpose would not injure it as a “breath- ” as only that part actualiy occupied by the would be used for military purposes. Fourth—The value of adjacent property would not be injured by the erection in the centre of Késervoir square of such a building as is proposed. Fifth—There is no other property belonging to the city which is properly located or available as a site for an armory for this regiment, To authorize @ lease of the ground in the desired loca- tion io tegccunt for an armory an act of the Legisia- ture heved {0 be necessary. But the act proposed leaves with the Board of Supervisors the subject of ap- Propriation for armory a8 well asthe entire control of Jans for building. That Board has the contidence of the faxpayers as well as of this regiment, and in leaving the whole subject of expenditure to the wisiom anil disc: tion of the Board of Supervisors it iy believed that regiment wil receive all assistance that may be nec oy. and that nothing will be done in the matter preju- to the public interests. e officers and members gf thie regiment have not deemed it expedient joard of Supervisors to purchase or lease | ‘Upper part of the city, suMicient jn with drill rooms on the ground fh it to be the interest of all Concerned to ask for a lease of @ small part of Keservoir square, now the property of the t Tie erection of an armory in this square would I vacant the Tompkins Market Armory, which wi Afford ample and excellent accommodation for any Fi ment whose members reside below Twentieth street. rental of one armory would thus be saved to the city, ‘and no additional expense would be fnearred by the transfer of the Seventh regiment to @ location convent, ent to its members and necessary to its prosperity and existence nestly desired by every officer and member of this regiment th ver, Pyoiaee ae oity soma publish the memorial to the Legislature upon this sub- Ject as well as any bill which the Committee of the As- sembly mav favorably report. The greater the publicity the more certain {4 this measure to secure public ap provay and consequent sw "rhe ‘valuable services provis, regiment. on many occasions during the Cast halt century. in. preserving — the public Peace “and “prowecting "the" lives and’. property of the extent for loor ; citizens have always in appreciated, And tt is confidently believed that the people of Rew York will not allow this regiment to languish or to die for the want of a suitable armory im a central locatio Nor will the public forget that the reg:ment bas mainly self-supporting : that its rooms at Tompkins ket have been fitted up at ihe expense of its membe: the extent of nearly one hundred thousand dollars, and thatits members voluntarily give their time and many thousands of dollars annually to maintain 4 military or- ganization which is@ reliable and valuable aid to the Civil authorities, and which is generally conceded to be ‘an honor to the metropolis of the country, To maintain to efficiency and reputation of the Seventh regiment in the future id the. oblect of thowe who petition for od . Vel , " grmory at Reservoir sqare Buus ee nel commanding Seventh rea! . G8, ond Ubuirisan General Coumitice of New AFiNOFy. NI Y., HIGHWAY ROBBERY IN BROOKLYY. Mr. John Flower, residing at 172 Nevins strect, was on his way home, about nine o'clock last night, when he was suddenly set upon by a party of four ruMans, who struck him on the head, stunning him and knocking him senseless to the sidewalk, The higbwaymen then rifled the pockets of the prostrate man and decamped wich hin wallet, which contained $11, ‘The assault was committed within a few feet of Mr. Lb a Cd residence. i injured man was subseq y attended Tucker, Who pronounced the patient's case entucal. nn JEALOUSY, RELIGION AND MURDER. Luigi Lusignani, an ftalian, and Solomon David Moon, an Irishman, Arraigned at the Morris County Court, N. J. for tha Murders of Their Wives. STORY OF THE CRIMES. Jealousy the 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 wife murder and botl of atrocious and revolting barbarity. The frst ia that of Luigi Lusignani, an Italian, whose trial wag commenced yesterday afternoon. > The story of the crime is as follows:—About three years ago Glox vanni Bercotti, an Italian, came to Dover, N. J., & town of about 6,000 inhabitants, six miles from hera on the line of the Morris and Essex Rattroad, Ha 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 Now 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, whon there arrived! at Dover on the early train from New York two 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, a 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 onca return to her home. She refused to do so, allegin; that when she was at home she was go ill treate she had to goaway. She went outside the store and for some time conversed with the man who claimed to be her husband, Phillipi in the mean- while remaining with: Betcotti, whe was at work. Alter talking some time outside the store Luigh and the woman came iuside again, and the former. reiterated his demand that Johanna should ac- company him. She again refused to do s0, and at this point Bercotti interposed and said that it Luigi would return to the city he would persuade the woman to follow him, Johanna spoke again and said she would never go, when LUIGI DREW A KNIFE from his coat and 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 hig struggles, secured, The’ woman died instantl . but Bercottl, though his life was for some time in danger, has recovered, and wiil be able to testify, atthe 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 dificuity the people could be pre- vented from lynching Luigz!, 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 ot November, ‘The couple lived in a lonely shanty, in 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 a 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 intector 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 mark4 in the freshly-fallen snow denoted that the dead body had been dragged from the house to the brook side. Moore bad returned home the night before the body was discovered and was Boriers to be found, but a pair of overalls which he ha worn were found in a closet smeared with blood. It was supposed that the man had come home drunk, and, a8 uswal, had quarrelled with his wife, a8 he was constantly in the habit of cone, the» cause Of their Many strifes arising out of religioug diMiculties, she being a Roman Catholic and he a Protestant. A week after the crime had beer 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 is 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 ts very strong, and the attorneys for the people as- sert that they will have no difiiculty 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 vicinity, of the Court House, & handsome structure on @ rising ground in the leart of 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- jJocation. 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 Dairympie, & kecn-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 mont Prosecuting At- torney, assisted by Attorney General Gilchrist. For the prisioners appeared the counsel assigued by the Court two weeks ago, when the indictments were found by the Grand Jury—Messrs. Church,; War and Mills, A small army of reporters, through the courtesy of Sheruf Vandever, wero furnished with seats at the same tables with the lawyers. At three o'clock the prosecuting attorney called gainst Luigi Lusignani, ounsel for the defence, Mr. Wurts, one of the asked for @ postponement, as the defence were not ready to proceed, owing to the fact that they had only just PROCURED AN INTERPRETER and had only oxce commumeated with the pri oner,. In addition there Was a material witn for the defence absent, and the senior counsel, Mr. Vanetta, was also unabie to attend. Under these circumstances Mr. Wurts asked for @ postpone- ment, which, after some consideration, was granted, the trial to come otf 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, ‘Mr, Mills, of counsel for the defence, requested that a short delay might be granted in order that the defence might more tully have time to collect important testimony on beualf of the prisoner, which could not be forthcoming for a day or two. } ‘This motion was resisted, but qise ‘yMp'ey taking into consideration the fact that the prisoucr ‘was @ man without moncy and had counsel assigned to him, consented to adjourn the case until Wod= nesday, when it will fo D ysis gtd called. Toe Court was then adjourned and the crowd of pepple fied out, eagerly discussing tne chances of the prisoners. It Is generally believed that the resvit of the trials will be verdicts of murder in tho first dey and as Jersey justice is proverbial the. offenct the two men will, in all provablilty, be expiated on the scaffold. The defence of Lusignant will, it is expected, develop some interesting features, the strong point of the counse! consisting in the alieged seduction of tne wife of Lusi by Ber- cout. roa “MORE VIOLENOB, owtod A Woman Bratally ton By Her Hus- band. John ©. Smith, of 310 Bleecker street, was are rested yesterday by @ policeman of the Ninth precinct, and taken before a Justice at Jefferson Market Police Court, charged with brutally beat- ing hia wife, Maria T. Smith, ima manner that en- dangered her lite, It ones from the story tola by Mrs, Smith that her husband 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 hag several times before been guilty Of the same conduct, but he ig likely this time to be punished for his iniscon- duct, When arrested he was taken tothe Bow a cinct station house, ptain Washbourne inquired into the merits of the case, and then genta physician to examine the wounds and state of the lady. Ld doctor reported Mra, Smith badly beaten, and the Husband was sent to Court for examination, Tuo case turning out tobe a most flagrant outrage, Smith was heid by the presiding Justice in ¥ gum of $1,000 to answer. Not being able to as the amount Mr. Smith was locked up, and chap Will no doubt be a Warn (0 ey eee Of Bore the city who indulge in ome reciting imaginative ities im their li holds,