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

THE COURTS. ee ed THE SCAKNELL-BONOHOE KILLING. we Another Day’s Session Exhausted in Get- ting a Jury—A New Panel Ordered— Seven Jurors Only Obtained. en ESTATE CASE. + ANear Prozpect of a Speedy Release— The {ld Litigation Drawing to a Close—A Long Chase, but Little Hope of a Prize. pene Tho Old Camden and Amboy Rail- ~ road Company’s Suit. Ate ee The Rosult of a ire Years Ago and the Re- sult of a Verdict To-Day---A Long Contest Closing with a Heavy Verdict Against the Company---Charge of Judge Loew to the Jury---Damages $45,000, ————E IM THE OTHER COURTS. 7 eae Summaries-'The Taylor Will Case—Busi- ness in the General Sessions—Decisions. In the cuse of The People vs. John Scannell, in- @icted for the murder of Thomas Donohoe, the Court of Oyer and Terminer was yesterday engaged in the tedious prelimmary work of obtaining a jury. Two jurors were obtained on Monday and five yesterday, giving seven jurors in the box, and five to obtain, if possible, to-day. Yesterday John Williams, Michael Crowley, John Bryant and James Saunders, who are charged with mutiny on board the American ship Fasorita, were committed by Commissioner Shiclds in default of $1,000 bail each. The hearing of the case of George W. Bowen vs. Nelson Chase was resumed yesterday in the United States Circuit Court before Judge Shipman and the special jury. Mr, J.C. Carter continued his sum- ming up on the part of the defendant, and had not concluded at the rising of the Court, He will re- sume his argument to-day. In the United States Circuit Court yesterday, in the collision case of The schooner Daniel Williams vs. The propeller Titian, Judge Blatchford ordered a decree for the libellants, with an order of refer- ence to a commissioner to ascertain and report the damages. in the suit of Marcus P. Woodruff vs. The Camden and Amboy Railroad Company, to recover Gamages for goods destroyed by fire at the Com- Pany’s wharf, July 11, 1864, a special verdict was rendered yesterday giving the piaintiff $44,499 01 damages. The case was tried before Judge Loew and @ jury, in the Court of Common Pleas, the de- fence being that the plaintif? had accepted a bill of lading at Cairo, Il., excepting risk from fire; but the jury found that no such agreement was made with the Camden and Amboy Railroad Company, and found them guilty of negligence. The suit of Stephen Woolridge vs. The Mayor, &c., anda the Metropolitan Fire Department, to recover $24,000 damages for injuries received by the explo- sion of a fire engine in June, 1869, at the corner of Canal street and Bowery, was yesterday dismissed by Judge Barrett on the ground that the Metro- politan Fire Department was an independent State corporation, for whoge acts the city was not re- sponsible. THE SCANNELL-DONOHOE KILLING. THE JUMEL BUSINESS Another Day Spent in Calling and Ex- amining Jurors—Seven Only Ob- tained—The Prisoner in Court—The Case Adjourned Till This Morning. The trial of this case was resumed yesterday, in the preiiminary effort to obtain a jury. The panel of jurors was exhausted and the hour of adjourn- ment had arrived, but that much-desired object Was not attained. To facilitate the work of pro- curing a jury the usual recess was not taken, but, after all, the panel ha¥ing given out, the Court was constrained to adjourn a little before the usual hour. There was not as large an attendance as on the previous day, and the rowdy element was notably absent. Judge Brady took his seat on the bench at the usua! hour, when District Attorney Phelps and his assistants, acting for the people, and Messrs. Beach, Howe, Humme! and Spencer for the defendant, being in their places, the case was at once pro- ceeded with. The prisoner Scannell presents a wonderfully un- moved demeanor, and to the casual and unin- formed spectator might appear, from his position among counsel, by far the most respectable and in- telligent member of the Bar engaged either for the rosecution or the defence. Close by his side sits is Wife, an attractive-looking lady, whose presence there, under such circumstances, it is most sad to Jook upon and think of. The aged mother of the unfortunate prisoner sat throughout the session yesterday to all outward appearance unconscious of everything but that her son’s life was in jeopardy of the jaw, and that she ought to be there to see justice done to him, from the mother’s reasonings and conclusions, involving, so naturally, the recol- lection of another son’s untimely taking off and the brother’s and son’s retaliation for the same. On the whole it is as sad aeroop, to contemplate as any that has too frequently of late imparted most Of the sad and mournful surroundings to the prin- cipal figure on trial for his life. THE EFFORT TO GET A JURY YESTERDAY. Mr. Sparks, the Clerk of the Court, resumed the call of the panel after the formal opening of the Sourt. The first called was THE THIRD JUROR, Mr. Wells, on being examined, thought it was quite clear that a crime had been committed, but it would require evidence to convince him that the prisoner did the shooting, ahd then evidence to show that he had an excuse for it, The principal challenge was overruled, and on the challenge to the favor he said that he was not a warm friend of Mr. Bradicy nor connected with a political organi- vation nor a violent partisan for either party. The chalienge was withdrawn and he was sworn in as ‘the third juror. He isa merchant living at 227 West Thirty-cighth street. Herman A. Schweitzer was relieved from duty, Rot being thoroughly conversant with English. Jacob Schoenberger and Nelson KR, Tucker were rejected, having decided opinions which would bias them. Samuel Shottick, tailor, had an opinion, but as that was derived from newspapers and he thought there was no doubt he could try the case on the evidence alone, he passed the principal challenge, but was rejected on chalienge to the favor. Benne Speyer, carpenter, had’nt heard a word abont the affair. He is a Prussian who goes every year to Europe, but was here last November. He Teads the papers, but has not read this matter, The District Attorney challenged peremptorily. DAVID D, NILE FOURTH JUROR, Mr. David D. Nile, dry goods salesman, of 48 Walker street, had a pretty decided opinion formed however, merely on newspaper statements, bu alter a clear statement of his impressions and feel- ings was accepted as the fourth juror. JOUN J. BRAGG FIFTH JUROR. John J. Bragg, of No. 92 Desbrosses street, fruit dealer, knew nothing of the matter, and was ac- cepted ag fifth juror. ALLEN B, TERRY SIXTH JUROR. Allen B. Terry knew of nothing to prevent him ving Leg! verdict, ie was acce ia ¥ aa juror. He is a cierk, living at 2 Vest Twenty- Dinth street. f s foe Pollock had a strong opinion and was use Augustus A. Weed, broker, of 113 West Twenty- third street, had read about the matter and had {epression that am offence had been committed, but did not know anything about the matter. He Jormerly lived at Greenwich, and had visited the Americus Club, but did not know that Donohoe Was @ member of it. The triers rejected him. Lewis Jacob, of 139 Chatham street, had @ de- cided opinion and was excused. Robert H. Waldron, eee, of 27 Park Row, was ealled and testified t he had read about the matter. He eon both the challenge for princi- pal woes - pare apn to the favor, but ue) poy anh A ry challenge on the part Monmouth H. Chambers and '. Har- mon were both disposed of on prechaa onainoane, George W. Thorny bad no knowedae whatwyer NEW YORK HERALD. WEDNESDAY, ‘of the circumstances, but was challenged peremwp- torily. NY easopone FE, STUDLEY SEVENTH JUROR. Theodore E. Studley, merchant, of 2 Park place, said that his opinion was formed simply trom reading the newspapers. It was that Scannell had eommitted some sort o! offence: He thought he could not receive the evidence with the same indifference as if he had no impressions. Notwithstanding this the triers accepted him and the prisoner aiso, and he was sworn iD as seventh perer at 12:45 P. M. John Harper was unaple to decide on the evi- dence alone and was excused, Alphonso Randall, engraver, of 201 Weet Four- teenth street, iad formed no opinion on the case, though he thought he had read about it, and prob- ably believea what he read, and had perhaps ex- pressed his impression. The triers rejected him. ‘This exhausted the first panel, and the calling of the second was at ence began without a recess, THE NEW PANEL, John Faber, of 122 West Fifty-third street, arug- gist, was the first to come from the new panel. He had read the story wien it was first publisned, but not since, Challenged peremptorily by the defence, Jonn kK, Morewood, merchant, passed the princl- pal challenge and the challenge to the favor, but was challenged peremptorily, William L. Sonntag, artist, of 120 East Twenty- second street, had conscientious scruples a8 to capital punishment, Excused, William G, Lamb had go strong an opinion as to be incompetent, Edward '. Smith, Havelak M. Smith, Jacob Low- enfells, William J, Stewart and Francis J, Adams were excused, ‘Yhe Court then adjourned till this morning. THE JUMEL ESTATE CASE. The Sait of Bowen vs. Chase—The Sum- ming Up for the Defendant—Continaa- tion of the Argument of Mr. J. C. Carter. The hearing of the case of George W. Bowen vs. Nelson Chase was resumed yesterday in the United States Circuit Court, before Judge Shipman and the special jury. Mr. Hoar, Mr. Chatfield, Mr, Chauncey Shaffer and Mr. Sawyer appeared as counsel for the plain- uf, and Mr. Charles O’Conor and Mr. J. C. Carter for the defendant. THE SUMMING UP FOR THE DEFENDANT—MR. CARTER CONTINUES HIS ARGUMENT. Mr. J. C. Carter proceeded to continue the sum- ming up of his argument on behalf of the defend- ant. He said Mr. Chase became possessed, in addi- tion to the title of his children, to the title of the only known heirs of Madame Jumel—he meant the Joneses, He brought a suit to set aside Madame Jumei’s will of 1863 on the ground that it had been executed under undue influence, That will was set aside. The case was tried by eminent lawyers, and, of course, it would have been of the greatest moment to those who were maintaining the will if they could have found any other heirs but the Joneses, whose title Mr, Chase had bought out. Mr. Devine, of the firm of Martin & Smith, went to Providence to inquire for heirs; but, while he could find plenty of pretenders, re could not discover any one having a better title than Mr. Chase and the Joneses. They had then to fallback on the merits of the will itself, When it was seen that the last will of Madame Jume) was opposed to the wills of 1846 and 1851; opposed to the marriage settlement of the Porys in 18543; opposed to the life-long intentions of Madame Jumej and Mr. Jume}, what honest man couid hesi- tate to say that that was not the real will of Madame Jumel. Having reierred to the settle- ment that nad been effected under the will, $80,000 having been given the charitable societies as lega- cies and $40,000 to the Joneses, counsel asked the jury, Could a more honorabie Sez enemas, have been come to in the case? After ail this was done, and in the year 1868, three years after the death of Madame Jumel, this man, George W. Bowen, ap- pears, and says, “I am the son of Madame Jumel; you must clear out.” We answer, “Madame Jumel never had a son.” ‘Oh, yes! he says, | ain her son; but I did not know it until recently.” He has coine in here to reap Where he as never sown. Bowen had sworn that he would never have undertaken to recover this property on his own re- sponsibility, and his first. enterprise was to go to Edmonds & Fields and enter into an agreement with them to. give them half what mignt be recovered. But, to the honor of Judge Edinonds, with such witnesses as G. W. Bowen, Nodine, Anne Eliza Vandervoort and others, he would have nothing to do with the case, Bowen had sworn that he did not pay the lawyers; that he did not summon witnesses; that be had no trouble whatever in conducting the suit. The plaintiil! was examined im Providence and Mr, Ubase, desiring to find out who his antagonist was, had Bowen questioned as-to whether he had any arrangement or contract with any person in refer- ence to the conduct of the suits. He declined, by direction of his counsel, to answer. On the tast trial) Bowen was questioned as to the contract, He said It was with Dr. Josepn G. Tucker and Mr. George Shatler, brother of the plaintiff's attorney of record and a clerk im his office. But the plaintity did not produce that agreement; he said it was torn up, and it now turned out that the arrauge- ment was with Dr. Joseph ©. Tucker, brother of Mr. Gideon J. Tucker, who, if the case succeeded for the plaintiff, was to get one-tenth of the whole, with interest on disbursements. Dr. Tacker was to advance ail the money necessary to conduct the suit, with the exception Of some outiay for the taking of depositions in Providence. Counsel on the other side seemed to think that this was making a charge against them, but he did not make a charge. If the tacts made a charge how couid he help it? was he to blame for it 7 Counsel for plaintill said, according to the law of this State and of the United States, it was allowa- bie to make arrangements between counsel and client for the prosecution of a suit, Mr. Carter replied that he agreed to that; butif | the fucts, as he said, implied a charge, he could not help it—he was not accountable for it, This was an organized conspiracy on the part of those who had agreed to prosecute this suit with Bowen In his name. It was an organized conspiracy under the lead, not of Bowen, but of other people who had negotiated with him, and who were total strangers to Madame Jume), to carry on this suit in w court of justice, to deprive peopie of their pos- sessions and of the very rool that gave them shel- ter. That was the nature of the suit—to take from them every dollar they had in the world; to strip them of the roof that covered them jor thirty or forty years and send them houseless and penniless through life, This Was an organized conspiré to carry out this suit, not by anybody who ever ciammed to have an interest in the property: but by total strangers. The temptations 1p this case to commit perjury and {alseliood were great--temptations to participate in the plunder which it was expected would result from the swearing of witnesses who were brought up to testily to declarations that were never made. The defendant bad strong ground for suspicion that when @ man voluntarily went into an enterprise of that kind he had already resolved in his own mind» to employ means of whatever character were ne- cessary to achieve success. Look at the absurdity of the plaimtif’s case. His claim was that he was born im the house of Freelove Ballou, and re- mained there until he was ten years of age; yet he states that he never heard who his mother was until the death of Freelove Ballou, in 1823, when he was twenty-nine years of age. Was it possible that he could have gone from infancy to manhood without ever having heard any one i, the mame of his mother? Would not Reuben Ballou, who is claimed to have been his father, have told him who was his mother ? Bowen was in the habit of going to Saratoga after 1823, when, as he states, Freelove Ballou told him Mine, Jumel was his mother. He saw her at Sara- toga, but did not make himself known to her. As he states, he saw her grossly insulted opposite the United States Hotel, and yet he never raised a hand to save from insult the woman who was claimed to be his mother. It he knew all these jong years that Mme, Jumel was his mother, what was the object of this secrecy? Why did he keep this knowledge locked up in his own breast, never giving the slightest intimation of it to any human being ? Counsel on the other side said Bowen did not Want to let his wile know that be was base born, Base born! Was not that fact well known in Providence * Had he not married a Providence girl, born within forty rods of him, and mnst not the base birth of Bowen Wave been known to her ? It was idie to suppose that the idea ever crossed the mind of this man, from the first dawn of his ex- istence down to the death of Madame Jumel, that she was his inother, Henry Martin was examined AS a Witness: he was the playmate of G. W. Bowen, and he testified that he.never heard who Bowen’s mother was. The Providence papers were full of this matter, and yet not a word was ever hinted in any of them that Madame Jumel was the mother of this plaintiff. For ten dollars a head witnesses could have been produced to swear that they heard somebedy say that Madame Jumel was the mother of Bowen; and if they committed perjury how were they to be contradicted ? Bowen himself had sworn that he did not hear who his mother was untii he was twenty-nine years of age, and he (Mr. Carter) asked the jury to say whether, if there was such @ thing as common report in Providence that betsy Bowen was the mother of this man, he could ior twenty-nine years have been ignorant of it? When the other side asked them to attach credit to 80 remarkable a miravle as that, they must try to sup- port it by some tangible evidence. Counsel then Went on to consider the oral declarations of the witnesses in reference to the parentage of the plaintiff. Even in the case of legitimate pedigree orai declarations should be received with care; but there was a difference in regard to the value to be attached to declarations affecting legitimate and the declarations ecting illegitimate off- spring. With respect to the former it was a mat- ter spoken of openly in the family and with joy; it spread throughout the family and was talked 0: above board; and as to the latter, it never was ad- verted to, except as & scandal and @ reproach, For the purpose of showing the utter anreliabiity of the testimony of old men as to what was said and done sixty or seventy years » counsel re- ferred to the testimony that was taken as to what neral commanded on the American side at the jattie of Bunker Hill. That testimony, consisting of the statements of old men who purported to give an account of what they saw at the battie, was taken, but jt was found to be such @ mass of con- FEBRUARY 12, 1873—TRIPLE SHEET, tradictions that it was committed utterly to the flaines. Counsel went on to state that Lowen had made different and contradictory statements about his mother. Daniel Huil was the only witness tor the plaintiff whe in any way made @ positive state- ment on that matter. ‘The deieudant’s counsel had known of this man Tull as early as 1866, and Mr, Devine examined him to ascertain if he hod Known Betsy Bowen, Hull at that time was examined upon written interrogatories. Although no ques- tion was put to him on that inquiry about G. W. Bowen, yet he volunteered to state all ho knew of that person. He said when he was exainined that he Was seventy-six years old. He said he knew Phoebe Bowen, and that ne saw her daughter, Betsy, go- ing about the street with another girl; that was in 1801, They said Botay Bowen had a child; there was & ume when Betsy Bowen went to Providence and made a speech, they said. All Hull knew was that Betsy Bowen had a son, and that G. W. Bowen was that son, they said, Hull made different statements before the commissioner when his testimony was taken by Mr. Chatfeid and Mr. Tucker, The change in his testimony was made under the new infu- ences to which he bad been subjeeted. He swore that Pheebe Bowen was in Providence, in North Main street, at a time when she was not there at all, and he algo testified thgt Phebe ald him ata particular period Uiat her ¢ laughter bad married a rich Frenchman in New York in 1804, when it was conceded that at the time of the alleged conversa- tion Phebe was dead im North Carolina. Hull changed his testimony, but he said that Mr. O’Concr took an advantage of him; but how far Mr. O’Conor was likely to take an advantage of an old man upon the stand the jury could judge tor themselves, The examination of Hull had been conducted in the most orderly manner, and his answers were written down with the greatest care, ‘The defendant had proved, by the produc- tion of the Providence Gazette, that Hull's father died in 1797, and his mother in 1800, of yellow fever. That was the statement he first made, and it Was truce; but atterwards, when he was sub- jected to adverse influe he deliberately went back of that statement, Mr. Carter, at great length, very closely analyzed the testimony of Danie) Hull, and contended that the evidence showed that Hull was born only a few days when he swore that he saw Betsy Bowen in bed with a baby in the house of Freeiove Ballou, in Provi- dence, Hull came upon the stand at this trial and swore that he knew the man Jonathan Clarke, who married Phoebe Bowen, and who was expelled from Providence in 1791. It would be charitable to suppose that all these statements were the result of a weak and disordered mind; but he (Mr. Carter) was sorry he could not take that view of the matter. The truth was that this man had been placed under the training of those persons who were interested in the prosecution of this caso, and was prepared te swear What was required of him. He had another question to ask. Who made this old man Hull commit this mass of perjuries? Was Hull able to tell, with the astuteness of a lawyer, what the exigencies of this case required? What was the character of that other crime that sent forward this man to commit perjury for the purpose of stripping the defendant of the roof that covered him? Great as tne offence of Daniel Hull was, the offence of those who procured this man to commit perjury and swear up to the neces- sities of the suit transcended the crime of perjury as much as murder did the offence of petty larceny. Counsel then, turning to anotuer branch of the case, said there was no scrap of evidence showing who was the father o! G. W. Bowen; it was neces- sary that something of that character should be got up; and this brought him to refer to the “King Henry Book.” When Bowen went to Judge Ed- monds Anne Eliza Vandervoort, the illegitimate daughter of Lavina Ballou, went with him, The arrangement was that Judge Edmonds should have hal!, and half was to be divided between Bowen and Anne Eliza Vandervoort. She brought two books with her to sang Edmonds—one a family Bibie and the other the “King Henry Book.” Bowen swore that up to that time he had not known ers of either of these two books, This “King Henry Book” had been put betore the jury, and though it purported to be a declaration of Keuben Ballou that he was the father of G. W. Bowen, 16 amounted to nothing as a pi of eviden n this suit. Ballou was @ man who had been frequently sued in the Courts of Kiiode Island, and from his signatures attached to original papers filed in the Courts they were enabled (© make a comparison as to his handwriting. No one was produced to swear that they lad ever seen this “King Henry Book,’’ except Mrs. Vandervoort before the death of Madame Jumel. At this stage of the case the Court adjourned till this morning, when Mr. Carter will resume his ad- dress to the jury. Yesterday, while the learned gentleman was speaking, the court room was very much crowded, the spectators listeumyg attentively to the speech, which contained many eloquent passages. = RAILROAD SUIT. pilin A alte A The Barning of the Camden and Amboy Railroad Company’s Wiart—Heavy Loss of Cotton and Suit for Recovery— Liabilities of Common Carriers—A Long Litigation Ending in a Verdict Against the Company—Charge of Judge Loew. In the Court of Common Pleas, Part 2, Judge Loew presiding, an old soil, once before tried, and in which the jury disagreed, has occupied the attention of the Court and a jury for several days past, The case was reported at length at the pre- vious trial, and the circumstances will be, there- fore, remembered, To state it in brief, the de- fendants—the Camden and Amboy Railroad Com- pany—had in charge, for conveyance and delivery, 4 large amount Of cotton, the property of the plain- tit, Marcus P. Woodruf, and while still in their charge aud before delivery it was burned and de- stroyed in common with the burning and destruc- tion of the company’s wharf. The defendants con- vended that they were not liable by the conditions of their contract for loss by fire. The first jury failed to. agree; but, under the clear and lucid charge of Judge Loew to the jury who just tried the case, that body has rendered a verdict for the piaintufin full. In charging the jury Judge Loew said:—If you believe irom the evidence that the cotton in ques- tion was carried under the verbal agreement, as claimed and testified toon the part of the plain- til, then the defendants acted as common carriers or insurers, and as such became liable for all loss and damage except such as might be caused by the act of God or the public enemy, and as the fire by which the cotton in question was consumed does not come within the exception, it will be your duty to find a verdict in favor of the plamutift, whether the fire resulted from the negligence of the defendants or not, But a common carricr may restrict his liabihty by express agreement, and if, therefore, you believe from the evidence that the plaintiff? or agent assented to the terms of or accepted the bili of lading as em- bodying the contract between the parties, the the defendants, by reason of the clause therein contained exempting them from Jiability for loss occasioned by fire, are relieved irom responstbility and entitled to a verdict at your hands, uniess you believe, either that the fire was ccused or the cot- ton in question consumed by reason of the negli- gence of the deiendants or their employés, Th onus or burden of proving this negligence is on the plaintit, and if he has established to your satis- laction, from all the evidence and the circum- stances of the case, that the fire referred to re- sulted from negligence on the part of the defend- ants, or that the cotton was consumed by reason of such negligence, then you will find a ver- dict in favor of the plaintiff; otherwise ey will find in favor of the in case you find a verdict in favor of the plaintitts it will be for the value of the cotton, less the freignt, which value, I believe, is conceded to he $27,893 80; and you may aiso, in the exercise of your discretion, allow interest thereon, which amounts to $16,567 83. The Judge also submitted the following questions to the jury :—First, was there any agreement sented to by the parties exempting the carrier from risk by five Second, was the loss of the cotton occasioned by reason of the want of due care on the part of the defendants ¥ After @ short consultation the jury found for plaintiff principal and interest, $44,499 01. And to the first question, ‘There was none,” ena to the second, “It was.” Counsel for plaintiff, Messrs. Marsh and Shep- herd; for defendants, Messrs. Cuyler and Santord. BUSINESS IN THE OTHER COURTS, ———_+—- MARINE COURT—PART I. Action on the Law of Partnership. Before Judge Joachimsen. Toope & Co, vs, Thompson & Clendenning.—The plaintiffs claim to recover in this action about $150 Jor certain castings made for a stone-preaking ma- chine on the order of the last-named defendant, but on the credit of both, Clendenning confesses judgment and appears as a witness on plaintiffs’ behalf. The defence of Thompson is that Clenden- ning being a distant relative, arriving from the South after the rebellion, out of business, he loaned him $3,000 to start a quarry at Fort Lee, which sum was advanced from time to time as the business required it, and which som was to be re- paid so soon as the quarry became a success, and a rental was thereafter to be charged for the property, which Thompson held under a lease. The quarry speculation, however, proved a failure, and ‘Thompson says he refused to advance further junds after the $5,000 was exhausted; but after- wards did pay some bills which been incurred betore the time of the above refusal to workmen who could not afford to lose their bits and conld get nothing out of Clendenning. The Court heid that, under the evidence, a dormant partnership existed between Thompson and Clendenning in their relation to the plaintiffs, and leit it to the jury to say whether there was @ withdrawal from such partnership on the part of Thompson before aintiffs’ debt was incurred. Verdict for plainti: r ful] amount. For plaintiff, Coulter and Foster Oa Thompson, Mr. West and Roger A, or. & SURROGATE’S COURT. The Jane E, Taylor Will Case, Before Surrogate Robert C. Hutchings, Tn this case, previously reported in brief, the tow | Bertha Steinfeld’s Breach | day showing that on the passage to this country | defendants. | | Central oiice, tatrtix, Mrs, Jane E. Taylor, dicd September 14, 1872, leaving property valued at $100,000 to a few inti- mate friends and her servants. She was married about thirty years ago to an Episcopat clergyman, but after living with ner husband a short time they separated, Mrs, Taylor subsequently leased the house 708 Lexington avenue, and lived there with her servants up to the time of her death. Her hus- band and three of her aunts now come into court and contest the will on the ground that she was in- competent to make it and that undue influence was used to make her dispose of her property among strangers, ‘The two subscribing witnesses to the will, Acton Cavill and Caleb B. Knavells, were examined. ‘ihey testitted that Mrs. Taylor signed the will in their presence, and that she seemed to be in the full pos- session of her faculties at the time, The hearing was then adjourned, COURT OF GENERAL SESSIONSPART I. Statement of Assistant Distriet Attorney Rusyell in Reference to the Trial of Bail Cases. Before Recorder Hackett. The first case disposed of by the jury yesterday Was an indictment for a felonious assault preferred against Davia Buckley upon the complaint of David Curtin, who swore before the magistrate that on the 29th of September, 1872, Buckley, for some fancied indignity shown to his sister, drew a pistol froin his pocket and threatened to shoot the com- plainant. It was evident from his testimony be- fore the jury that he did not want to prosecute the accused, for he swore that he did not know what Buckley had in his hand, The jury rendered a ver- dict of guilty of a simple assault, and His Honor re- maniod the prisoner for sentence. James Curtin was tried and acquitted of a charge Of assault and battery alleged to have been com- mitted upon Officer Whitcomb, of the Nineveenth precinct. Assistant District Attorney Russell said—Before closing this day’s business {feel it due to the Dis- trict Attorney's office that I should make a state- ment, Nearly ail the prisoners indicted in this Court, 1am informed, that were confined in the City Prison, have been tried, and dnring this pres- ent week we have been endeavoring to try the cases where the defendants were upon bail. I placed upon the calendar of this Court for trial this day twenty-two cases, and in only one of them have we been able to get a trial. In every case we have been either compelled to forfeit the bail, or some of the witnesses lor the prosecution were scattered to the four quarters of the earth, What we can do te get more of these cases tried it is im- possible for me to say. lam informed by those who have had charge of the office previously, the same difiiculty has been experienced before, when they endeavored to bring bail cases to trial. I propose to give a longer notice to produce de- fendauts than has been given heretofore, and I will make an effort to try not only the prisoners which are in jatl, but those cases where the parties are out on bail, The smallness of the amount of business done to-day demanding the attendance of Your Honor and a large number of jurymen, de- mands that | should make this statement in justice to the oilice. COURT CALERDARS—THIS DAY. CouRT—OIRCUIT~—TRIAL| TERM—Part by Judge Barrett.—Nos, 772, 1005, 1950, 2006, 51434, 682, 663, 806, 948, 9953¢, 1010, 1062, 1176, 556, 654, 854, 900, 954, 1180, 1182, SurreMe Court—SrectaL TerM—Hela by Juage SUPREME Held Van Brunt.—Demu —Nos. 33, Law and Fact—Nos 210, 220, 221, 222, 223, 224, 225, 22% 1, 232, 283, 234, 235, 236, 237, 289, 240, 24 Surerionk CouRT—TRiAL TERM—Part 1—Held by Judge Monell.—Nos. 1899, 1753, 493, 2235, 1933, 1859, 1941, 1951, 1525, 3 , 1963, 1965. Part Held py Judge Van Vorst.—Nos. 2020, 1512, 1596, 26, 1398, 1574, 370, 2346, 1572, 1940, 1608, 1288, 1692, 7 860. & CourT—CHAmpers—Held . 27, 40, 64, by Judge 161, 174, 195, 219, 22 102, 103, 111, 215, 216, 217, , 234, 235, 236, 237, f , 240, 247, 248, 2 « 266, '201,'203, 206, 208, CouRT OF COMMON PLEAS—KQUITY by Judge Larremore.—N 52, 53, 60, 62, COURT OF COMMON F RIAL TERM—Part 1— Heid by Judge Loew 1751, 1707, 1741, Hi 3, 1659, 1580, 977, 1596, 1761, 1803, 1805, 1806, 1739, 1 + 202, 228, 220, 212, 21 220, 0," 2 CourT oF COMMON PLEAS—TRIAL TeRM—Part 1— Held by Judge J. F, Daly.—Nos. 60, 1709, 290, 1256, 1617, 2021, 1598, 1807, . 180%, 1509, 1810, 1811, 2, 1813, 1815, 1816, 1817, 1818. ‘OURT—TRI | Part i—Held by Judce , 1320, 2054, 1416, 1204, 1418, 24, 1426, 1428, 1430, 1432, 1434, 1436, 1524, —Hleld by Judge Shea,—Nos,’ 1426," 1659, 1407, 1 1351, 1293, 1483, 1 pauding.—Nos. 8373 BROOKLYN COURTS, - ei SUPREME COUNT—SPECIAL TERM. A Divorced Couple. Before Judge Pratt, Delia Carpenter brought suit® for an absolute dl- vorce from her husband, Robert Henry Carpenter, on the ground of adultery. The defendant did not ar und the Court granted a decree in favor of the wile. The decree was fited yesterday. Decisions. By Judge Pratt. In matter of proving last will, &c., of Ignatius Vossing.—On appellant stipulating to accept short notice of appeal to next General Term motion to cisuniss appeal denied; $10 costs and leave to re- spondent to renew motion, &c, JON. Smith vs. ©, ackson.—Judgment for plaintiff $402 85, The $600 in hands of auctioneer cannot be recovered in this action, Noah RK. Collins vs. Philo B, Baldwin.—Motion to vacate order granted ; $10 costs, J, A. Baidwin vs, G. A. Willlams,—Judgment for plaintitf. See opinion. People ex rel. Pelantion vs. Comptroller, &c.— Mandamus allowed, In matter of petition, &¢., St. Felix street. tion granted on behalfof ali those residing between Fulton street and Hanson place, and denicd as to those residing between Fulton street and De Kalb avenue, etl. CITY COURT—TAIAL TERM, of Promise Suit. Before Judge Thompson, In the suit of Miss Bertha Steinfeld against Her man Levy, to recover $15,000 for an alleged breach of promise of marriage, testimony for the defence was taken yesterday. The defence are endeavor- ing to prove that the plaintiff was not of previous chaste character, and there was evidence yester- she Was a great deal in the company of one Baron Von Kin, to whom she aiterwards said she was en- gaged to be married, One witness said that her conduct on the steamer “was not very proper.” Moritz Herzberger, of New York, who intro- ing she accompanied him toa house in Twenty- second street; they were on terms of improper tn- timacy. At that time the plainti? was living in the » of Mr. New, on Second avenue, who stated yesterday that he had never heard her mention Levy's uame, COURT OF SESSIONS. An Old Offender Gcing Home. Before Judge Moore, James Smith, a young desptrado, who has al- ready served one term in the State Prison of New | York and another in Pennsylvania, was tried yes- terday forrobbery. On the 15th of January last he waiked into the house of a Mrs. Garret, 44 Hicks street, and stole about $60 worth ofclothing, which he stuffed in a bag and carried to the street, He was seen leaving the house by a sister of the land- lady, 4 Miss Foster, who followed him until he reached Remsen street, where he sat on the stoop of a house to rest. Miss Foster, undaunted, waiked up to him, and opening one of the bags was pro- ceeding to examine the contents when he drew a knife and threatened to stab her, He then darted up Remsen street and ran into the oe Hail, where he was secured by Detective Edward Riggs, of the hen arrested the prinoner gave bis name as McPartiand, but his mother, who haa for several years been endeavoring to reform him, went to the police station, exposed him and gave the officers information which led to the recovery of other property stolen by the young man, ‘The jury yesterday convicted the prisoner with- ont leaving their seats, and Judge Moore, in pass- ing sentence, surprised him by stating to him fully his antecedents. The Judge said that he was too jangerous a character to have in the community, and thereupon sentenced him to the State Prison at sing Sing for the term of seven years, There were seven other indictments against Smith for rovbery. BROOKLYN COURT CALENDARS. SUPREME COURT—GENERAL TRRM.—Nos. 6, 22, 23, 24, 27, 28, ‘ 80, Bly 83, Wy BO, 87, 98, 40, 42, 44, ol, 62, URT—TRIAL TERM.—NO8, 1, 167, 186, 196, 129, 145, 214 to 222, inclusive; 224 to 23%, inclusiy COURT OF SESSIONS.—The People va. Ueleste Cal harte, keeping disorderly house; Charles A, Ed- wards, false pretences; Elizabeth Lewis, assault and battery. COURT OF APPEALS. Decisions. ‘ ALBANY, Feb. 11, 1873, The following decisions have been rendered in the Court of Appeals :— Judginents Afiirmed, with Costs.—Cushman vs, ced Levy to the falr plaintiff, testified that in | ober, 1870, he made Bertha’s acquaintance on a | cond avenue car, and that on the following even- | | Matted; Pav Kiver Fairoud ny; MeShucn ve. Same; Jey v8, McConnell; Griswold v4, Griswold; ‘Taney at Epeton Aa Albany Ralrone Comonny 5 Pearsail . Pearsall; Lewis va. Palmer; iil vs. eys Abbe vs, Allen. Sas abup sine ted Orders Affirmed, with Costs,—The Peopic ex rel. Tuttle vs, Canal Appraisers of the State of New York; Sai vs. Same; People ex rel, Brown vs. Green, Comptyoller, &c.; Davis vs, Roberta, Order Granting New Trial Reversed and Judg- ment on Report of Referee Affirmed, with Costs,— Johnson vs, Underhill, Order Granting New Trial Reversed and Jude- ment on Verdict Affirmed, with Costs,—Maginnis vx, New York Central and Hudson River Railroad Company. Order of General Term Reversed and Order of Special ‘Term Affirmed, Without Costs to Either Party.—Dutly vs. Donovan, Judgment Reversed and New Trial Granted.— Isham vs, Davison, Appeal Dismissed, with Costs.—Baulec vs. New York and Harlem Railroad Company, Motion Granted and Order Filed Herewith.—City of Rochester vs, Hart, Court of Appeals Day Calendar. The following is the Court of Appeals day calen- dar 10% February 12:—Nos. 110, 4, 653g, 87, 200, 109, REX THE ALLEGED RREACH OF TRUST CASE. + The Story of Mr. James Myers, as Told by His Lawyer. In order to gain further particulars relative to the action brought against the late firm of Dimock, Myers & Co. by Mrs. Julia A. Beach, a reporter of the HERALD called upon the legal repre- sentative of Mr. Myers yesterday and obtained from him the fohowing statement, He claims that a former story published in this paper is incorrect in many particulars and does injustice to his client, The version of the case which he gives is oni this:—Mrs. Beach, in the month of August, 1871, had @ son for whom she wanted to secure @ position in business, This wish she communicated to a friend, whose assistance she requested. This friend, being an acquaint- ance of Mr. A. J, Dimock, one of the firm of Dimock, Myers & Co., communicated with Mr. Dimock, and informed him of Mrs, Beach’s desire, The re- sult Was that negotiations were entered into be- tween Mrs, Beach and Mr. Dimock, and an arrange- ment was made whereby young Beach was to enter into the banking house of the firm as a clerk, at a yearly salary of $500, to be payable in monthiy parts. Mrs. Beach on her part agreed to loan the firm thirty-two Missouri State bonds, of the value of $82,700, for one year, the period in which the agreement was to stand good, the firm either to return the bonds or their value in money at the expiration of the year. As security for the bonds the firm gave Mrs. Beach a note of hand for a little over thirty thousand dol- jars, the then market value of the bonds, and in addition 1,500 shares of Atlantic Mail Steamship Company stock, worth at the time $30,000, ‘This agreement was signed in the reoms of the Safe Deposit Company, corner of Liberty street and Broadway, by Mrs, Beach and her son (who were accompanied by counsel), and the three memabers of the firm, Young Beach entered the house of Dimock, Myers & Co. in Septemoer, and immediately the bends were sold by the flim and converted into money. In January, 1872, Mr. E, Weston, one of the members of the house, withdrew, so that no re- sponsibility is attached to him for anything that. aiterwards ensued. When young Beach had been some time in the house he com- menced to speculate in stocks and for some time he was successiul. His success was of Short duration, however, and he soon lost’ more than the value of the bonds and a large sum of money besides which Mrs. Beach had deposited with the company, In th speculations the firm of Mr. Myers alleges that he used his mosher’s naine as authority, and the firm acted on com- tolssion for her, At the close of last year, owing, as Mr. Myers states, to losses incurred through Mrs. E ch, the firm of Dimock, Myers & Co. failed, Mr. Dimock hav- ig previously died, At the failure of the house Mrs, Beach came forward and claimed her bonds, was told that the bonds were not forthcoming nor money to pay for them, and that, instead of the firm owing money to Mrs. Beach, Mrs, Beach owed mouey to the firm on account of the losses they incurred through her speculations, Mrs. Beach denied that she had ever speculated or given her son any authority to speculate in her name, and she brought a suit against Myers and had him ar- rested for fraudulent misappropriation of tne Missouri State bonds, It will be seen by the foregoing statement that the stories of Mrs, Beach and Mr. My. conflict, and it remains for a court of law to decide which of them ts right. A STABLE GANG BATTLE. Rha Night Fight in a Twenty-third Street Stable—A Drunken Rough and a Com- panion Attack a Watchman, Who De- fends His Life with a Whilflictree. John Corrigan, of 245 East Twenty-sixth street, is @ giant rough in build and habits, very much like the late notorious Florence Scannell, Assistant Alderman of the Eighteenth ward, wno met his death while attacking Thomas Donohoe, who was killed recently by Florence’s brother, Joun, who is now on trial for the offence. Corrigan was for- merly employed at the stable, 141 East Twenty- third street, as a back driver and is represented by the police to be a quarrelsome bully, aspires to the same notoriety that Scannell had im the ward, been discharged for drunkenness and other “ir- regularities,” but on pleading reform has been reinstated in hisemployment. The last dismissal ended in the refusal of the proprietor to reinstate | him, and this seems to have induced him to greater | dissipation, About half-past eleven o’clock on Monday evening he and a companion named Thomas O'Connor, 217 East Twenty-sixth street, armed with a whiskey bottle, entered the stable at the above number, where Timothy Halvey is watch- man. Knowing the desperate character of Corri- gan, Halvey feared to order them out until they had emptied the bottle of its contents and had broken it and strewn the fragments upon the floor of the oMice. This occurred about midnight, He then ordered Corrigan to leave, and, as he re- fused, ejected him, Corrigan and O'Connor re- turned to the éfice, &nd Corrigan made a furious | attack upon Halvey, O'Connor assisting in the assault, Halvey, driven to extremities, seized a whiMetree, and dealt Corrigan several blows with it that rendered him insensible, and put both men hors de combat. Just at this juncture Officer Walstead, of the Eighteenth precinct, put 1b an appearance and arrested Corrigan and Hal- ve, Kapping lor assistance, oth@r ofiicers joined him, and the prisoners were conveyed to the ‘Twenty-sccond street station house. Vorrigan was very drunk, and notwithstanding he bied fearfully he fought like a maniac. The police surgeon at- tempted to dress his wounds, but could not get | near him, so great was his violence. Several oit- cers were called to hoid him, but the doctor was | unable to examine his wounds, and, an ambulance arriving, he was sent to Bellevue Hospital for treat- ment. Fearing that the injuries might prove fatal the cautious Captain Tynan despatched ofiicers to secure the third party to the émeute, Thomas orComor, Who was found and arrested. Halvey and O'Connor were arraigned before Justice Scott yesterday morning, when Officer Walstead having presented a certificate that the wounds of Corrigan were not likely to im- mediately prove fatal the Justice committed Haivey, on the oMcer’s complaint, to jail in de- fauit of $500 bail, O'Connor, on complaint of Halvey, was also committed to await an indict- ment for felonious assault upon Halvey, Both men were locked upin the same cell at Essex Market, where they soon became good friends. A H&KALD reporter conversed with them later in the day in the cell, Halvey is a young, singie man, whi is repre- sensed by the police to be sober and industrious, He stated that he acted in_ self-defence in all he did; that being responsible to his employer for the stavic, when Corrigan and O'Connor threw the pieces of the broken bottle about the office he ejected the former, who returned and le a furious onslaught upon him. O'Connor coming to his aid and striking Halvey several blows he felt that his life would be in danger, and, seizing the whifietree, he deait Corri- gan a blow on the head that rendered it impossible for him to do further harm. Haivey aid that Corrigan had been frequentiy discharged and was quarreisome and dangerous. O'Connor, who Was present at the interview, requested the reporter vo state that he merely interfered to pre- vent Haivey killing his friend, Corrigan, with the whitletree. The reporter subsequently called at Bellevue Hospital to see Corrigan, Warden Bren- nan being absent on business in Westchester county and the oflice infcharge of a polite little boy, no information ay to Corrigan could be obtained after searching for half an hour for the doctors. Finally the orderly of ward four, where Corrigan is located, was found, and he permitted the reporter to converse with the inan. Corrigan, as a matter of course, denied the statement of Halvey, and declared that he was attacked first by Halvey and used his fists in seli-defence, Halvey icked np the whiMetree and dealt him several plows, that rendered flim insensible, He denied that he was drunk or had broken a bottle in the stable office, The police sustain Halvey’s state- ment, and Captain Tynan says that with the infor- mation he has 01 the case he thinks Halvey wouid have been justified, under the circumstances, had he killed Corrigan outright, The Justice evidently toc# the same view Of the case, or he wouid searce- jy have ventured to fx Halvey’s baii at the meig. nificant fyrure of 600, ‘The orderly of the ward 14 of the opimion that Corrigan will recover, although he joot tuck biogd belore ios Wounds Were dressed, 4. New York Central and Hudson | she | who | A number of times has he | 3 THE MURDER MYSTERY. AS ERE RE ss A Profound Darkness Still Surrounding the Little Neck Tragedy-A Theory Which May Prove True—Farther Clews Diseov- ered—The Coroner’s Inquest To-Day. The hamlet of Little Neck is still wrapped in a gort of stupid horror and amazement; but there is yet discovered no certain light which will reveal to the blinded sight of Justice the name of the murderer of James Graham. The stories told by the bewil- dered inhabitants, composing a population which is partly Irish, partly German and partly negro, are as various and as different as the stars in the firmament er the shells of the ocean, and most of them are founded more upon visions of fancy than those of reality. It has become, however, an ac- cepted fact that the terrible deed was committed by some one who probably belonged to the neigh- borhood thereabouts, and certainly knew a great deal abeut the business aifairsef the murdered man. Constable John H. Wright, formerly a de- tective on the New York force, was detailed by the District Attorney, Mr. Downing, to solve the mys- tery which surrounds the tragedy, and in a quiet manner has been ever since it occurred engaged in gieaning @ knowledge, one by one, of certain cir- cumstances which at length, it is believed, will surely indicate the man or men whose souls are stained with the blood of this most fearful crime. If this supposed clew prove to be a sound one, there is no doubt that he will be placed behind the bars of a prison cell before a week has passed, There are many difficulties, however, in the way of se- curing complete evidence of guilt, and these Taay possibly be found to be insurmountable. Con- stable Wright is confident, however, of the sne- cess of his undertaking. flis colleague, Smith, was seen yesterday at Little Neck, The local con- stable, Roe, in the afternoon again caused the cis- terns near the shop to be searched, but nothing was found of the character sought. Around the dingy stove in the yellow-walled bars room of the Little Neck Hotel rough and rugged- looking men congregate in the afternoons and drink hot rum and smoke bad cigars per- petually, while they rehearse what they know or invent concerning the horror that hap pened in their midst. A study of their faces and | manners is extremely diMcult for a stranger satisfactorily to accomplish, and in the midst of it he is continually asking him self, “Which of these men is he who did this deed?” The elements of nationelities mix here with beautiful tndifference, and the In- flence of Queen’s county rum, which is good in quality, seems to beget un unusual affinity among the races, which while it may. not be founded upon human Kindness, but upon the chances of circum- stance, suggests curious thoughts regarding tie social composition of the neighborhood, ‘A DOZEN HEIRS PRESUMPTIVE. The HeRaLp reporter yesterday talked with Justice Prevost, of the town of North Hempstead, asking him several questions in regard to his action on the morning of the discovery of the dead body of Graham. The Justice is an old and portly gentleman, with a jolly and self-contented air—in fact, a type of an old- fashioned, wealthy country ’squire. Yet in this | character of being at peace with himself he seems, in his ten or twelve eae of ofice as a magistrate, uot to have acquired any just conception of the at- tributes and limits of his autherity. Now, after it is too late to mend the harm that resulted m his singular action in relation to the effects of the mur- dered man and the custody of the scene of the crime, he acknowledges fully that he was in tho wrong and regrets his error. Strange to say, how- ever, ie still retains possession of the books and papers of Graham, and yesterday stated that at the request of the presumptive heirs he had already taken out letters of administration, with the appa- rent intention ef closing the affairs of the estate. This, again, even before the Coroner had completed an investigation, was rather unseemly _ haste. He says that besides and Thomas Macreary there are five other brothers and half brothers of the deceased sup- posed te be in Ireland, A paper shows that at one time Graham sent $57 across the ocean to his father, who is peor, These other heirs cannot pos- sibly have yet been censulted regarding the ap- pointment of an administrator, and it is also stated, upon legal authority, that Prevost lacks certain qualifications required by the statute to make him eligible to the functions of that ofice. He has had, it is said, no such relations with the deceased as would empower him to administer his estate. Thus it appears that, first overstepping his jurisdiction in the matter of the murder, as was intimated yesterday in the HkKaLp, he is now grasping a power over a large amount of property which he can by no means rightfully exercise. If these facts are true there may yet grow a very pretty civil muddle out of this already dark crimmal mystery. THE SCENES ON SATURDAY. The circumstances which occurred on Saturd morning at the shoe shop are now, by comparing the stories of several witnesses, found to have been nearly as follows:—The first discovery of the crime was made by the boy Donnelly, who opened the door and then fled horror-stricken at the sight which lay before his eyes. Then, afier the alarm was given, the ghastly room was first entered by the blacksmith Bennein and another person who happened to be in his shop at the time. A colored man, named John Peterson, | who lives in a neat house near by and is the barber of Little Neck, was called to the door by these two men and asked by them to ascertain whether Gra- ham was dead. He refused to do so unless they would enter also again a8 witnesses, They all went in together, and Peterson teit of the pulse of the murdered man and jound that it had long sinee ceased to beat, and the flesh was cold and rigid, The next, or nearly the next, arrival was that of ’Squire Prevost, with the two laborers employed on his farm, who, on hearing ol the tragedy, had informed him ofa fact of whieh he never knew anything before—namely, tat they were half-brothers of Graham. ‘They entreated him to accompany them to the village to see the corpse and to take care of some property of theirs, which, they said, was kept in the shop. ‘They seemed when een came heart-broken atvhe sight of the body, and then went upstairs to look after the trunks and boxes which, they said, belonged te them, Prevost, according to the testi- mouy of John Macreary at the inquest on Saturday, present and aliowed them to take some cloth- ich they claimed as thelr own, to pick up change the positions of articles which were scattered about, and received from their hands THE BANK BOOKS AND PAPERS. The former were accounts with the Emigrant’s, the Bowery, the Third Avenue and the Seamen’s Savings Banks, and there were other new ones, which belonged to himself and toa man named James Collins. He had often seen Graham examin- ing these and counting up his riches, and was in the habit with his brother of visiting him several evenings during the week; he had not visited him since the Sunday previous. Afterwards, when cross-questioned, he hesitatingly said that he had also been to see him a short time on Tuesday night. Drs. Hoag, Reimer and Porter examined the remains, ‘bhe opinion of the former, given yes- terday to the HeRALD reporter, is that the | wound on the forehead would have caused death; but that the one at the base of the brain, which severed the artery, may have done 80 al- ready if it was the first one given by the murderer | or murderers. His written statement will be read to-day on the continuation of the investigation. TOWELS, WITH THE INITIALS “L. 8.7? The Assistant District Attorney was one of those who were early at the scene of crime on Saturday, and he found in the garret three towels in a paper box and one handkerchief, the latter lookin; as if it had been somewhat used, all of whic | were marked, in red neediework with the initials “L. 8.7 The stocking which was found on the floor in the salesroom is now b= aa to have been one belonging to Graham, altnough it is strange that even @ miserly bachelor could have darned it so neatly and so well that it should look like the work of a careful and frugal house wile. GRAHAM’S MONEY, It is a disputed point whether Graham had much money wit him when killed or not. One man, who met him on the cars coming from New York one day during the week, was informed by him that he had not bad enough to pay his bills in the city, lacking a sum of $30, What he hac on the night of his death must thea have accumulated since that day, Another neighbor, Thomas Pearsall, on Thursday: went to him with @ $100 note, which he changed out Of an oll cigar box, Which contained a large pile of currency. He was in the habit, it is said, of acting as banker ‘for almost the whole com- munity, always baving enough funds witn him to meet demands, It is also said that little de- pendence could ever be placed upon what he saié of himself, The inquest to-day begins at two o'clock, and District Attorney Downing will be present. After the verdict of the jury the remains will be decently interred in the Little Neck churchyard, as soon a3 those wuo claim them may desire, DEATH OF A PRISONER IN THE TOMBS, He Was About To Bo Married. Since the 16th ult, John Harrold, an Englishman, thirty-four years of age, has been confined in the Tombs on a charge of embezzlement, and during the last few days he has been seriously inaisposed. About half-past seven o'clock yesterday morning he became suddenly werse, and died soon alter- wards. Several hours after Harrold’s death an uu- conditional discharge was sent to Warden Finley, but the unfortunate man had passed beyond the reach of all human processes. Deputy Coron keo, WhO made @ superficial examination of th body, was of the opinion that Harrold died ol plouro pneumonia, Coroner Kessler has the case i charge. Deceased was soon to have been mar = Tied to un estumable young ladys ay