The New York Herald Newspaper, February 14, 1873, Page 8

8 THE COURTS. THE SCANNELL-DONOHOE KILLING. Effort to Obtain a Jury Still Unsuccessful— One Juror Sworn Yosterday—The Pang) Exhausted and a New One Or- dered for This Morning, THE JUMEL ESTATE CASE. Summing Up of Ex-Attorney ‘General Hoar for the. Plaintiff, Bowon—His Argu- ment To Be Continued To-day. BUSINESS IN THE OTHER COURTS. Summaries—Penalty for Obstructing the Public. Streets—Action for an Alleged Illegal Seizure of Goods Under an Attachment—Jurors Discharge Themselves and are Fined Therefor—Business in the Gon- eral Sessions, Parts 1 and 2. Yesterday aman who gave the name of Patrick ‘Aally was held by Commissioner Shields m $2,000 bail for examination on a charge of presenting a false and forged paper to United States Assistant District Attorney Purdy, with the view of inducing: that oMicer to accept him as bail for one Christo- pher Flood. Lilly, who subsequently stated that his realname was Walter Devlin, sald he owned real estate; but upon inquiry it turned out that bo aid not, that he had been acar conductor, and, being outof employment, was induced todo this thing. A man named Newman, who stated that he knew Lilly nd that he had property, has also been held in $5,000 bail to answer a charge of having alded Lilly, alias Deviin, in the porpetration of the alleged of- fence. The accused were arrested just after they had told their story to Mr. Purdy, who believes that they belong to a “straw bail” gang, John Reiter, a sailor, who had been charged with Geserting from the German steamer Bressel, was yesterday brought before Commissioner Shidlds® He waived an examination, and was held to await an order from the Consul Gencral of Germany to send him on board, John Williams, John Bryant, Michael Crowley and James Saunders have been charged before Commissioner Shields with having mutinied on Woard the American ship Favorita while on a voy- age from Liverpool to New York. It is stated that the men, when the ship was in the Channel, refused to obey proper orders and used offensive language to their superior officers. The men admit that shey were mutineus, but declare that this was oc- easioned by their being almost starved to death, and that the oficers were ignorant of their duties. The examination will take place to-day. In the United States Circuit Court yesterday the hearing of the case of George W. Bowen vs. Nelson Chase was resumed beiore Judge Shipman and the special jury. Ex-Attorney General Hoar occupied the whole day in summing up the testimony on be- half of the plaintif, Bowen. At the rising of the Court, shortly after four o'clock, the learned gen- tleman had not concluded Lis argument, which he will resume to-day. ‘The business in the Court of General Sessions, Parts 1 and 2, was yesterday of an unimportant character. The usual trials for larceny and as- Saults were disposed of, and the Court adjourned till this morning. In the Common Pleas, Part 2, an action was brought against a builder to recover damages for injuries to and consequent repairs to a “Clarence.” It appeared that the defendant had deposited in a public street a quantity of building material con- trary to the proyisions of the city ordinance relating thereto. Against this obstruction the Clarence ‘was driven and thereby received injuries which it ost the plaintiff $522 to repair. A verdict was given for the fall amount. Yesterday was the fourth cay of the trial of Join Scanned, indicted for the murder of Thomas Dono- hoe, At the opening of the proceedings ten jurors took their seats who were obtained during the three previous days. Yesterday's session was consumed in an effort to complete the required Jegalnumber. Only one juror, however, was ob- tained, the panel was then exhausted, and the Court ordered a new panel to be called this morn- ing. The Court then adjourned, THE SCANNELL-DONOHOE TRIAL, Another Jury Panel Exhausted—Eleven Jurors Only Obtained—A New Panei Ordered=The Case To Be Resumed This Morning. Yesterday was the fourth day since the ar- raignment of John Scannell, indicted for the mur- der of Thomas Donohoe in November last. The proceedings so far have been confined to an effort to obtain a jury, but as yet the legal number of good men and true has not been secured. Yesterday there was a repetition of each of the previous days’ proceedings in calling and examin- ing jurors and setting them aside because of their Inteijligence and qualifications to sit and hear and aeteriuine the case according to the rulings of the Court on the law and to the facts as they may be Presented by the witnesses. The regular panel Was again exhausted, and from it only one juror was obtained up to near three o'clock, <A new panel was ordered, and the Court then ad Journed till this morning. The proceedings were commenced at the usual hour, Judge Brady being punctually in his seat. Counsel for the prosecution and defence were in their places, The prisoner, in custody of the Sherii’s officers, was brought in a few minutes be- fore the opening of the Court. As usual, his wife, mother and some relatives were near him through: out theday. The proceedings were very monot- onous and uninteresting. EXAMINING JURORS, Levi Schloss, a dry goods man, had formed an Opinion, but thought he could give a verdict in ac phe ad oan ted evidence. However, he would rather be excused on conscienti round: we Nas hd leave. desist larence King read the account of the murder, hee formed @ decided epinion He was ex: sed. Victor Seaman, @ builder, had read the reports of the murder, but had formed no opinion. He be- Heved at the time of the affair that Scannell had committed ap offence, but that opinion had beep Worn away. He seeme1 somewhat anxious to get on eee and said if he went into the jury box he would decide in accordance with the testimony, nd declared that “the full of the court room of 1d could not buy him.” He had served on every | fry since 1860, gees.) He was an adept as Sjuryman, (Renewed laughter.) He was excused by mutual agreement of counsel on both suics. A large number of names were called without any response, and quite a number of gentlemen ‘were excused, having formed decided opiuions, Bernard Vreiter thought Scannell should not be banged, as he did not believe in capital punish- ment. He was Prompy exeused. Another gen- tleman was allowed go hame to his wile, who Was iil, Ellas Kimble, carpenter, of 424 West Twenty- jad read the nowapaper accounts ° undoubtedly sure sc4nnell on them. This blurt statement ne Sereduently qualified by saying, “4 the reports “neg He was challenged bythe delence and the challenge was sustained, winianct'y) & Venerable old gentleman, said it reinite evidence of avery comvinetng kind to relieve his mind of the had Edward wore: orThird avenne, was exeuged. ould influe let on the evidi he haa Known Florence Sas: ell, and was excused, JOUN Ly SLINGERLEIN—ELEVEN’ At halt-past two o'clock the firet jaroe ef ano day irk ded Tet Bete save inal. He was John In ber ty A udent, No. 60 West Nineteenth One more name was calied candidate was exempted from serving ne ve an inspector of eiectiona, iain ths T. Spark then notified the Court tha Was exhausted, A new panel was tli y Hie Court to secure the dweitthrjurone “faered by Were Afty-five jurors sworn durin and HS ped excused. The defence so farbate i aus eiwhieen peremntory Challenges our of ence; t the panei thirty, ana tne prosecution eight. The new panel will be cailed this morning. THE JUMEL ESTATE CASE. The Suit of Bowen vs. Chase—Summing Up of Ex-Attorney General Hoar for the Plaintiff—His Argument To Be Continued To-Day The hearing of the case of George W. Bowen vs. Nelson Chase was resumed yesterday im the United States Circuit Court, before Judge Shipman and the special! jury. Mr. Hoar, Mr. Chatfleld, Mr. Chauncey Shaffer and Mr. Sawyer-appeared as counsel for the plain- tiff, and Mr. Charles O’Conor and Mr, J, C. Carter for the defendant. Mr. O’Conor said that he had reserved the right of calling a physician to show that Mr. Paul R. G, Pery had been ti, and was, therefore, unable te attend on a day when he wanted te ask him ono Bp for the case, kno. hi. Perry wag enal to. see.the testimony | the streets and not: placing proper lights and and it it he ala: not kn guards to warn passengers. Judge Loew, in the course of his charge asking Bowen him—Joe Perry. » Fen “Yes,” says ALS Be Temember Joe that I used | marked:—“In erecting the building in question the, ian ware gua ola tha tat tes aa | Sena PA Rae a Tah etna ae es e ju jour ol Ineva man who related toni enough of the inel- | street from time to time as he used them, pro- dents of his and youth that would have recalled his schoolboy days, would he not on ‘his dinuer tell hie wife that he had met an old Rndouetew 7 Of course he would, assuming that 10 10] to an expression of Thomas Carlyle, to the effect Wan in the Wag. Thm, mercentlo sa-ae" porsn.® in the eable to no on. Counsel went onto Or Bowen was a remarkable one, She was born, a8 mand had apices myer —— ity maa pe im the yoan a he lame Ju: a ion pass] to France in 1864 fixed er birth at that time. Other testimony showed that that was the year in which she was born, With what sori people did her training begin? She was a or two questions in relation ‘to one matter, He was more willing that Mr, Pery should be ex- amined, as he was new in Court. ‘The Court declined to allow the examination of Mr. Pery. Dr. George J, Jackson ‘testified that for some days past Mr, Paul R. @. Pery had been snffering trom an attack of infammatory rheumatism; he gave ham permission to go out yesterday; had he gone out before that he could not have done so with safety. Mr, Hoar sald that he could not remain in this city after the present week, and therefore he wished the Court would ask tnat counsel for de- fendant be required to finish the summing up be- fore the plaintiff replied, Judge Shipman said he could not now change ‘the order that had been made—namely, that the counsel should alternate in the argument. SUMMING UP OF EX-ATTORNEY GENERAL HOAR FoR THB PLAINTIFY, Mr, Hoar said that when he heard the Court tell the Jury to possess their souls in patience, he sym- pathized with that suggestion. He hoped the jury had not exhausted thelr patience, All that he knew of this case was, as the jury knew it, from the evidence as given in the Court. He was re- stained in the case just as it was about coming on. It had excitedivery deep feelings in a great many of the persons connected with It. They had all person of poor origin. ie town of Providence Was anxious to get rid of her and her parents as Waren Quah cretaaees wrt karen that woul e ring up ® young girl in virtue and honor? In the old Ban Pe A Betsy Bowen lived with her mother, who was an inmate of that foul den torn down by the mob, Her children were sent to the workhouse in i735, Here was a young girl of the most remarkable physical beauty brought up by her mother amid sach scenes and removed to the workhouse. Her mother contracted a second marriage, and was sub- sequently drummed out of the town on pain gi be- ing whipped at the cart’s tail. Here was a young woman of youth, beauty and corrupt associations, left alone in @ seaport town, the daughter of a suilor, 4 woman Of strong will, fond of admiration, ‘Tis Was bis (counsel’s) reason for assuming that she was the one that fell, There was not @ scrap of evidence to show _ that she had ever accompanied her parents to North Caro- If G. W. Bowen was born of her in 1794 was it not natural to suppose that she would transfer herself to a wider field in New York? The haman heart was made up of various and conflicting = sions and emotions. They had had a charit tin New York tor the poor waifs and strays of human society; and were they to be told that the passions of a mother for her child were 80 strong that she Would not desert it? Yet the answer to that was that Madame Jumel did desert her child. What else had this poor girl but her beauty and her vicious as- sociations? The next they knew of this woman was that she was found in New York under a false name. She was found there under the name of Brown. There was not a trace of evidence in the case that this woman was ever marnied until she married Stephen Jumel; but the evidence pointed to the fact that she had put herself under the protection of a sca captain named Brown—that is, that she had formed an illicit Intercourse with him; in fact, became his mistress. listened to the able counsel who had summed up for the defendant, and who had indulged in great invective and poured out his vials of wrath on the plaimtim. That counsel had turned to theVourt and used expressions suggesting that the Judge had been excited with taalgnation against the enormity of the case. If that was 50, it made his (Mr. Hoar’s) duty and the duty of the jury more important, They were to try this case as a matter of fact, without exciting prejudice or passion. His duty was to gi over this mass of evidence, and he supposed hi would be able to assist the jury in sceing what tl roved, His only client in this case was Mr, Bowen: @ moderate fee was paid him, he had no share in any contract whatever. He was there to do his duty to the best of his ability, and he was sure the jury would do their duty also, There was &@ single question in this.case. The Court would give them proper legal directions as to the title of Madume Jumel to this estate; and tne only qnes- tuon he would discuss was—Is George W. Jumel the gon of Betsy Rowen, daughter of John and Phoebe Bowen, who subsequently married Stephen Jumel and Colonel Aaron Burr? The burden of proof was upon the plainti”. A civil Suit between man and man was to be determined by a reasonable preponderance of evidence. This was a suit involving ancient facts about which the evidence was given. As arule of iaw, ancient writings, wnich would not be at all admitted in a modern case, were permitted to be given in evidence in suits of this character. This was @ case of circumstantial evidence in its main features, As he listened to the strong, forcible and indignant argument of counsel for ‘defendant, he began to imagine there was not much left fur the lant, but they were not to try the case on the Tones raised by the defendant. The single ques- tion the jury had to try was—Was Georze W. Bowen born in 1794 of Betsy Bowen, and if they found that fact to be so, they must find a verdict jor the plaintit. If that were so nothing which happened since could change that fact. He was foing to ask them, before he got through, if ey did not believe that fact. If the jury found that to be so they might, if the liked, add te their verdict that George W. Bowen had cast dishonor on his mother, tracts with clients; but if they were of opinion that Madame Jumel was the mother of bowen, they were bound to declare that fact on their oaths, There was @ great deal thrown into the case that had no real connection with it. ‘there was imported into the case an allegation that there were two Betsy Bowens, and thia was done for the purpose of raising @ doubt as to which of the two Retsys was the mother of the plaintitt. One of these was the danghter of Caleb Kowen, and it appeared that she had married a man named Abner Metoalf, The jury had heard a good deal about Coto | the de'endant of his posses- sions. If George W. Bowen was not the son of Madame Jnmel, of course it was all wrong to strip the defendant of his possessions; but if they began with the idea that Bowen was the son ef Madame Jumel, it was eis legal right to have taken posses- sion o1 the estate on the very day of her death. Chase Was not a relative of this lady, The moment the breath was out of the body of Madame Jumel Mr. Chase took possession of the property, kept people out of the house, seized her papers, contested the will and he had been since using the proceeds of the estate in keeping Bowen out. So that, instead of stripping Mr. Chase of his possessions, it was Bowen who had been kept from the roof that ought to have sheltered him, This was acting like the man who had chopped up his father aud mother in pieces and who, being convicted of murder, was asked what he had to say. He ex- ciaimed—‘‘I hope the Court will have mercy ona poor orphan.” (Laughter.) Papers of the ancient date seen in this case were hedged in by rules of law. In dealing with this matter he had to say that he was dealing with what appeared on the Rye that had been adduced to be the truth. ‘nis Madame Jumel, with her paints, silks, laces and luxuries, did not excite much of his admira- tion, and he thought that ne might say the jury were of the same opinion. There were four things to be looked at—the estate, Bowen, his mother and Mr. Chase, This estate, great in value, was the product of the skill and industry of Mr. Stephen dumel, When it was bought by Mr. Jumel it was not of great value; but what ha ‘iven it ita pre- sent great value was the growth of New York, ‘That property was to f° with the mass of tne prop- erty of New York, and he supposed #ue jury did not care into whose hands it would go except in solar as they regarded it their duty to pronounce a verdict as to whom it rightfully belonged. He believed Mr. Bowen would do as well with that property as Mr. Chase. Madame Jume! left Mr, Chase only a small legacy, and as to his children, there was nothing with respect to them except what appears in the deeds, Mr. Chase got $30,000 a i out of the estate; he received $300,000 from ‘he city—he supposed it came from the city, from one Richara B. Connolly—he had got ‘a good squeeze from this orange, If he was never to get another, Mr. Bowen had not been int trumental 1a setting aside a will which left legacies to charita- ble institutions, though they all applied to one re- ligho jenomination—the Episcopal Church, On the marriage settiement of Mr. Pery, when an at- tempt was made to make Mrs. Jumel contract for a large share of her property, she declined to do so, but said she would be irs. Pery what she was to her deceased mother it she acted as she desired. In the latter part of Mrs. Jumel’s life, sane or in- sane, she had not the same relation to Mrs. Pery as she had to ner mother. It was stated that Madame Jumel had set up William Chase in a grocery, and had complained that William and Mr. Pery were drinki the concern out. There was & certain method in her madness, and it might be Just possivie that as advancing age threw its veil over this vain and frivolous woman she began to get disappointed in the persons who had attached hemselves vo het, and that it would be better to leave her property to charity than to those ex- ectants. He would advert to nothing that was incontestable in the case. Bowen Papeteee on the stand as a respectable citizen of Freviden ; be was a man who hi t by his own earnings a moderate competence; he has been able to retire | from business; be had children and grandchildren, | He seemed to be a silent ana grave man, He said that at his earliest remembrance he lived in the house of Reuben Ballou, in Providence, and saw him going round with his cart’ and his buteber’s book, im which he saw him write. He stated that he saw (and no doubt he did) Madame Jumel at Saratoga, and if be wanted to make up a story could he not have made up one that he had spoken to her witnout the danger of contradiction Talkii of probabilities, did it Strike them that G. W. Bowen would undertake to make up a pretence of being the ile; of mad Magame Jumel? would thing for a man with married sons gnd daug to go to New York and set himself up corruptly as the son of @ person who had left a great fortune, Mr. Bowen had said he did hot know who his mother Was until about the time of the death of Freelove Ballou. That women told him the woman known as Madame Jumel was hn aad was held 4 ought to whole story 48 improbable. That @ matter of taste, Bowen was a silent and who his mother was was a subject that could not be civilly addressed tohim. Why did he not go and Ao to her et paths: pf nd t was @ matter of , and it de oded upon the character and kind of woman «tame Jumel waa, Seeing that she had made a pubhe exhibition of herself im feasigts and came 2.0 object of derision, why should he tell hey fat he was her illegitimate son? He did not believe he could at ‘t time have inherited any of her estate, and he had them made & compe- tence fer himself, As to Joseph Perry's evidence, it had been abandoned as a perjury, the defend- ant had commented the fact that Bowen backed up the evidence of Perry. Perry was an pier stranger 19 Bowen. who said be did not | tive she married Burr, of whom it nad and that they disapproved of counsel making con- i} Until Madame Jumel was married to Mr. Jumel she had exhibited @ desire for concealment, and she was married under the name of Lliza Brown, a name to which she had really no honest claim. She was not married as Mra, Brown or as the widow Brown, Had not the plaintiff a right td assume that when Betsy Bowen left Providence she burned her shoes behind her and came to New York, conquering and to conquer, until she made aconquest of Mr, Jumel—good easy soul that he was? Captain Fountain’s evidence went to show that he knew Betsy Bowen, or Brown, the woman who afterwards married Mr. Jumel, and that he used to see her down therein Whitehall street sitting at a window, gayly dressed. They offered to prove by Captain Fountain that this woman was the mistress of Brown, the sea captain, and also the mistress of Mr. Jumel before she was mar- ried to him. A conclusion was not to be drawn that she was virtuous because the Court ruled that they could not prove she was not. Mr. 0’Conor had told them that in those days Whitehall street was the residence of the merchant Prlacel of New York. He (Mr. Hoar) supposed that at some future time, when @ jury ap fe the places of the gentle- men whom he now addressed, they would be toid that Filth avenue was @ most respectable piace and that a certain Madame Resteil lived there, and that a Mr. Tweed, of whom they had heard so much, and whose trial liad occupied about half as long as this, resided there also, as @ distinguished, excellent citizen of New York, to speak of whom with dis- respect would be slander. By some means or other this woman married Jumel in 1804, and he did not reside in Whitehall street until that year. She was never visited by the virtuous women of Now York. Then they came to another stage in the strange life of this woman. One year alter the death of Ju- nel she married Aaron Burr, who had the blood of Alexander Hamilton on his hands and his soul, and who had a name tin American history as the only one of the great officers of State who had been ever suspected of treason to his country. It was sald of burr that “he never spared man in his anger or woman in his lust.” At the age of fiity- een sald by lis boigrapher that he died poor, penniless and friendiess, Within one year alter that marriage she obtained a divorce from Burr, wno was probably looking after Madame Jumel's fortune, And it had aiso been said that she had applied tor @ pension on the greund of Barr’s Revolutionary services. Going to France, she puton her cards, one of which had been produced, ‘Madame Burr, widow of Aaron Burr, Vice President of the United States.” All this showed Madame Jumel’s love of ostentation and display, and would give the jury an insight into her character. It was @ very curious Fung to ote how illegiti- mite children ran in this family. Taking this woman, as he had depicted her, remembering er early training, was it hot reasonable to assume reference to her early life ¥ It had been said by the deiendant that there was no mention by Madame Juiwel of this gon; but need he remind the jury of sons—even deserving sons—who had not been mentioned in their fathers’ wills, because, iollow- ing the rule of nature, they married trom Jove and not from the desire to form alliances that might be leasing to thelr parents. Mr. Chase had sat down pefore this estate and invested it on all sides, and when Mr. Chase handed to Mr. Jumel a copy of the paper, announcing his marriage with the adopted daughter of Mr. and Madame Jumel, Mr, Jumel inched his cheek, as much as to say, “I how what you are after.’ Though there was no evidence to show that Madame Jumel had adopted Mr. Chase, there was plenty of evi- dence to show that he had adopted’ her—he attached himecif to her. When Madame Jumel died Chase took possession of her property, books and papers, and he put forward such statements and affidavits as he thought would serve his pur- poses, There was not a poor applewoman or Washerwoman working for food to bring home to her little brood who, in the sight of God, was not far more worthy of consideration than this woman, Madame Jumel, with ber laces, her pomps and her negro servants. George W. Bowen was entitled, in his early pus to all the care and affection of @ mother's love; but he was abandoned in his youth, The tirst piece of evidence in the case was George W. Bowen, He should be put in as an exhibit and marked with some number, that he was born in the house of Reuben Ballou, in Providence, and that his name, as all the witnesses for the plainti® stated, was always Known to be George Washington Bowen. There was no account of Betsy Bowen except What the plaintiff! gaye. They were following a case of circumstantial evidence on a matter occur- ring eighty years ago, and they were to sce if the little indications potted to this betsy Bowen or to some other, rs, Catharine Williams had de- posed that she used to see Betsy Kowen going round in Providence in company with painted wo- men, Now, what would they say outside the court room in reference to that fact? Ii it was said that Betsy Bowen had gone off to New York and mar- ried a rich Frenchman, what would be the impres- sion in regard to it? One witness said he had not heard anything of Mr. Bowen’s parentage until re- cently; but the plaintiff ottered to prove it, but that offer was ruled out, and the inference was not to be taken against the plaintif that he could not prove it because, on the objection of the defendant, the oifer was ruled out. The terrible diMculty on the other side was that they did not account for the existence of Mr. Bowen at any otner place than Providence, and the plaintitf! had accounted for it. Bowen’ was found at Major Balleu’s, and noone knew him at any other place, and no one knew him in relation to any other mother but Betsy Bowen. Bowen was born in Bailou’s house, and no number of false wit- nesses could reason him out of his existence there. They went back to the origin of this case—nearly three-quarters of a century ago. it was well said on the other side that nothing could change the character ef truth, Who first set the report goin, that G. Bowen was the son of Madame Jumel? Mr. Devine stated that he could not swe: expressly whether he had two cenversations with Mr. Bowen or not; but asked him if he was the illegitimate son of Madame Jumel. Where did Mr. Devine get that informa- tion? Mr. Devine got that information in Provi- dence—that universal repute—that G. W. Bowen was the doer te son of Madame Jumel; and having put that question te Bowen he must have received that information tn the same quarter. ,fhe learned gentleman e from eleven o'clock until twenty minutes past four, and had not concluded his hab Tt at the rising of the eae @t that hour, He will resume his argument lay. BUSINESS IN THE OTHER COURTS. COURT GF COMMON PLEAS—pagT 2. Obstructions in the Streets—Caution to Contractors and Builders=Citizens to Have Free Enjoyment of the Streets and Avenues. Before Judge Loew. Daniel W. Snow vs, Charles O’Reilly.—This suit Was brought to recover $322 for repairs to a clar- ence, the property of the plaintiff, who was a livery stable keeper, which was damaged throngh the alleged negligence of the defendant, a builder, on the 18th of August, 1871, The driver of defend- ant was passing Weber's piano factory, then in course of erection, on Seventh avenue and Seven- teenth street. A heap of sand was lying in front, under which were some large stones, The wheel struck the stones, and, overturumg the carriage, caused the damage, It was contended on the trial that the builder was negligent in thas obetracing It was in evidence wn 3 ‘was'intended to be practised upon | Officer, ag him, And soit was very likely that Bowen was | which mistaken when he said that he knew this Joseph | you be After the recess the learned gentleman referred | on vided he did it in the most convenient manner and ing home to | leit them there only for a reasonable time; but he had no ht to encumber the street for any Dae of time wi r ithout the written permit of the pro) juired by the Cay anbents ordinan rmit, he admits, he did not have, Now, i! Reve from the evidence that the defendant allowed the encumbrances in question to rematn he street an unrsasonable length of time—if Ld Temained there only a reasonable time, and you believe that he or his employés place the sand or the stone against which the t the history of Betsy | wheel of the plaintif’s carriage struck in the street in such @ careless and negligcnt manner as tocause the accident in question, and that the plainti@’s driver did not by his own carclessnese or negligence contribute in any degree to the occur- rence, then you will find a verdict in favor of the of | plaintiff for such damages as, from the evidence, ee ou may believe that he sustained by the accident. Bat if, On the ot) hand, you believe from the evidence that the accident occurred by reason of the fault or neglect of plaintifi’s driver, or that he in anywise contributed thereto by his own care- lessness or negligence, then you will ind a verdict 1p tavor of the defendant.” The jury found a verdict for the plaintiff for the fullamount. Mr, Vanness for pialutil, Mr, Hand for defendant. MARINE COURT—PART 2. Action for Trospass—An Alleged legal Selzure of Goods on an Attachment Judicial Reprimand to Jarors—An Officer Dismissed. Before Judge Spaniding. Mapes M. Smith vs, John Hillier.—This action, the trialof which occupied two days, was brought by the plaintiff to reeover from the defendant the sum of $500. It appeared that on the 2th of Au- gust last the firm of Harris & Berger obtained an attachment against the goods of @ man named Jamea M. Gray, who did business at No. 126 Third avenue, The attachment was placed in the hands of the defendant, a city marshal, who, with a member of the firm of Harris & Berger pro- ceeded to the store of Gray to execute it, The defendant, on arriving at the store, found the plaintiff? in posseasion thereof, and produced a bill of sale of the goods and fi tures from Gray, dated August 8, 1872, On the pro- duction of the bill of sale the Marshal refused to io but was immediately indemnined by the firm of Harris & Berger, who ordered the goods seized, on the ground that they were tne property of Gray, The Marshal, thereupon, levied upon the goods and had them removed, ‘The defence was a justification under the attachment, After a prolonged examin- ation of the case for two days, on the questions of proprietorship and value of the om seized, the case was submitted to the juy on Wednesday even- ing by a very lucid charge by Judge Spaulding. An hour after the jury had retired they sent word to the Court that there was no possibility of their blac | at an en whereupon the Court ordered them locked up until they did agree and to bring in a sealed verdict. On the opening of the Court yesterday morning the jury, with one exception, answered to their names, when the Court asked them if they had agreed upon a verdict. On receiving @ negative answer the Judge asked how they came to leave their room without a judicial discharge, The jury answered that they were discharged at half-past ten o’clock the night before By the oficer who had them in charge, whereupon the Judge ordered the Clerk of the Court to fine each juror $50, Judge Spaulding, who was justly incensed at the gross dereliction of duty on the part of asworn officer of the Court, in discharging the jury with- out the cognizance and without the instructions of the Court, at once dismissed the official in whose baie > the jury had been entrusted on the previ- ous day, A little more of this judicial severity is needed from tine to time, but no doubt the lesson thus taught by Judge Spaulding will have a salu- tary eflect for some time. COURT GF GENERAL SESSIONS—PART 1. Before Recorder Hackett, There were a great number of defendants, on bail and in prison, arraigned in this Court yesterday, upon indictments found by the Grand Jury of Oyer and Terminer, for grand larcenies, burglaries and felonious assaults. The accused parties pleadea not guilty, and were remanded to be tried next week, A “Soft” Impeachment Against a Col- ored Man, Bethuel Palmer, colored, who was charged with stealing a feather bed, valued at $0, the property ef Jonathan Palmer, pleaded guiity to petty larceny and was sent to the Penitentiary ior six months, Acquittals, Richard Mosiein was charged with effecting @ burgiarious entry into the premises of Kate Kel- lett, 186 Ludlow street, on the 9th of January, and stealing eleven shirts and ninety-six dozen of shirt buttons, which were in her charge. The accused proved a good character and other circumstances were shown tending to demonstrate his innocence. A verdict of not guilty was rendered, Patrick McMahon was indicted for stealing atrack on the 16th of November, valued at $125, the property of Jacob Bryan. A number of wit- nesses were examined who proved that the de- fendant purchased the truck, not knowing that it was stolen, and having showed an excellent char- acter, Assistant District Attorney Russell aban- doned the prosecution, and the jury rendered a Verdict of acquittal without leaving their seats. The Jury Disagree, James Duffy was tried upon a charge of feloni- ous assault and battery, James Tully claiming that on the 25th of August last the defendant struck him on the head with a pair of shears, As the jury Were unable to agree upon a verdict the Recorder discharged them from the consideration of the case. COURT OF GEHERAL SESSIONS=PART 2, Before City Judge Sutherland, Another heavy calendar was disposed of by Judge Sutherland in this Court yesterday, though none Of the cases were of very great importance, Hoger O'Neill pleaded guilty to an attempt at grand larceny and was sentenced to two years and Bix montis at Sing Sing. James Fitzgerald pleaded guilty to the same oifence and received the same punishment. Recognizances were for- feited in the case of Frank Johnson and Conrad King. An Affray Among Shoemakers. ‘The first case om trial was that of Jacob Roessler, which was nearly finished on Tuesday, but had to be suspended fora day in consequence of the illness ofajuror, The facts were very simple. The com- Pplainant, John Pocznansky, and the defendant had worked together in the same room, but having re- solved to separate, Pocznansky came with a couple of friends to take away his tools to his new loca- tion, There ensued a quarrel about a bench which Poeznansky tried to take away, but which Roessler claimed as his. Roessler rose with a knife in his hand, with which he had been trimming a shoe, and the two men clinched and rolled about the floor. When they rose Pocznansky was covered with blood, and was seen to have received two wounds, one in the wueck, and the other on the hand. Roessler told him to go to a physician, and Pocznansky was laid up six weeks in Bellevue Hospital, and narrowly escaped dying. The point in the case was who was the firat aggressor, and here the testimony was conficting. The jury, after deliberation, found a verdict of guilty of assault and battery, and the Court, in consideration of all the circumstances of the case, sentenced Roessler to thirty days in the Penitentlary. Knocked His Eye Out. Wilham Hall, a bartender, pleaded guilty to as- Sault and battery, This was an old case, and the concequence of the assault, which was committed by means Of a glass, was the loss of the complain- ant's eye. The sentence was thirty days in the baaaastiihte J Thomas Willams was acquitted on a charge of grand larceny. A Dark Case. Leonora Grass, a colored woman, was indicted for an assault with @ knife upon Lydia Jackson. The parties had been to a reception, and ceming home went into a liquor store and got drunk, There began a dificu:ty, springing out of Leonora'’s fa 9 of Lydia, and after a while Leonora ad- journed te her house, in the immediate meignbor- hood, and, having borrowed a knife, returned to the scene of the trouble and stabbed Lydia, She was found ity and sentenced to a State Prion j ypapior 3 A stabbing affray among a number of Italians Was also tried, but it was ciear that the evidence of the ee Was not periect, and the gase had to be abandoned, Tithe TORBS POLICE COURT. A Thteving TatlormDanicl O'Connell as an Informer. Michael Moloney, of 34 Cherry street, was ar- Taigned before Justice Hogan, charged witn steal- ing coatings of the value of $100 from Michael Nolan, The stuf was the property of Kyler & Lestner, of Cherry street, Moloney, who is a tailor, was en- trusted with the material, but failed to return it, He wags held in $1,000 to answer. Ellen Donovan, of 373 Main atfeet, Broo! while in the nt Industrial Sevan mye, yesterday aftei carelessly left her bankbook, (aiine $100, om ihe GoUunter O00 FeDeired: so cont NEW YORK HERALD, FRIDAY, FEBRUARY 14, 1873.—TRIPLE SHEET | by my direction and I lett desk, On her return the bank book was missing, Nantel O'Connell, who was present, stated thas he Wa woman, Bridget Ryan, take it. On- his affidavit Bridget was ewe tant held im $500 toanswer. BROOKLYN COURTS. SUPREME COURT—GEKERAL TERM. The Will of the Late John Kellum, Before # Full Bench. John Kellum, the celebrated architect of Hemp- stead, L. I, died on the 24th of July, 1871, and his will, which bequeathed all of his large estate to his wife Hannah, was admitted to probate by Sur- rogate Covert, of Queens county. ‘The will is con- tested by Hiram Kellum, the son, who alleges that it was nos executed and attested in the legally prescribed manner tor tue execution and attesta- tion of last wills and testaments. He further windlass it was not subscribed to by John Kel- jum, The case was before the Court yesterday on an appeal, and after argument the decision was re- served, The case bas heretoiore been reported. Admissions to the Bar. Messrs. Thomas E, Pearsall, J. Bergen and T. FE. Stillman have been appointed as examiners of can- didates for admission to the Bar. They met yes- terday, when only two candidates presented tem- selves for examination. SUPRE RE COU CIAL TEAM. The Story of an Octoroon, Before Judge Pratt. A writ of habeas corpus granted by Judge Davis, of the New York Supreme Court, requiring Mr. Frederick Grifiing, a wealthy cotton merchant, to produce Kitty King, a young octoroon, before Justice Pratt, was made returnable yesterday morning. The writ was sued out by Jacob Thomas, @ colored man of New York, who is striving to have the care and enstody of the girl awarded him by virtue of a power of attorney, which he claims he holds Jrom the steptather and mother, who now live in Mobile, Kitty has been living in the family of Mr. Gritting since 1865, in which year, in the month of October, he entered into a written agree- ment with the girl’s father, Stephen X. King, at Marion, Ala., to provide ior her wants, educate her and bring her up properly until the cape ton of eleven years. In consideration Mr. Grimng gave the parents money, clothes, &, Kitty, Who was then abouteight years old, was brought imto Brooklyn, and has since been treated As an adopted daughter. She is known as Eva Grifing, and is now being educated at Glen Cove, LL was stipulated im the agreement in ques- tion that at the expiration of the eleven years the girl was to be her own judge ana to choose for her- self; but i her present contented condition and inclinations continue it is probable that she will decide to remain with her adopted parents, In appearance she has grown to be a tall, handsome rl, in whom not a sign of Airican blood can be letected, ‘The argument of the case was post- poned yesterday until Saturday next, BROOKLYN COURT CALEKDARS. é its CoURT—GENERAL TERM.—Nog, 34, 35, 47, 2, 12, 74, Cry CouRT—TRIAL TERM.—Nos, 1, 87, 90, 91, 153, 249, 287, 176, 177,. 178, 288, 259, 261 to 207, inclusive. COURT OF APPEALS CALENDAR, Auany, N, Y., Feb. 13, 1873. The following is the Court of Appeals day calen- ne for February 14:—Nos. 382, 514, 515, 9, 2, 7, 540, 187, 609, THE IRISUTOWN TRAGEDY. Evidence in the Trial of Solomon David Moore, at Morristown, N. J., Yesterday—A Strong Fight Being Made for the Prisoner— Peculiarities of the Defence, Morristown, N. J., Feb. 13, 1873, The trial of Solomen David Moore was resumed at half-past nine o’clock this morning before Judge Dalrymple. The counsel on both sides were promptly on hand, and the proceedings immedi- ately commenced, The jurors, who were locked up for the night, were brought into Court in the custody of two ofticers, The evideyee yesterday was very interesting, and the counsel for the defence manifested greater animation than on the preceding day. A stronger case 18 being made out for Moore than wag thought Possible, and although the prosecution have produced some very damaging evidence, there has been nothing yet elicited which directly con- nects Moore with the killing. The prisoner himself seemed more anxious than on yesterday, and manifested some feeling when his little son was placed upon the witness stand. The court room was crowded to suitocation, making the atmos- phere of the limited apartment foul almost to op- pression, The gallery was filled with ladies, who held on to their seats during the entire day. Be- low will be found a summary of THE TESTIMONY, James Cornell was the first witness examined, but his evidence was not important. Tix rost-wontrs. D. 7. Crittenden was next sworn, and testified as fol- lows:—I ain @ practising physician at Dover; I made 4 ost-mortem examination on the body of a woman onthe th ot November : I tound the body ti was said she had died ; the woman'was o about forty years old; the body presented appearance, and was a race of the brain; it was very large clot, and caused depression of the brain. There was a smaller clot of blood at the base of the bratn; the clots were produced by the rupture of the bioodvessels; the injuries on the body were of them- selves sufficient to cause death, and the same can be sald of the wounds on the head; the wounds could have been inflicted by a blunt instrument ora heavy boot; the body was frozen when T first saw it; we thawed it in onder to carry 0 the dissection, Dr. Isaiah W. Condit, who assisted the iast witness to make the post-mortem examination, corroborated his bg tat Kose McGarry was the next witness, and testificd in re- gard to the deceased that her back and shoulders were covered with blood and bruises, Mrs. Bridget Maloney was next called, and testifled as follows:—I knew Mary Ann Moore; the ‘ast time I saw her was the day previous to the one on which SH WAS KILLED; I saw David Moore the morning aiter Thanksgiving Day; he looked very sober; he saluted me; I saw lim again at 18. Connelly’s about an hour after. Corncilus B, Gaze was the next witness sworn—T am a Justice of the Peace for Dover; the first information L had of the murder was on the morning after Thanksgiv- ing Day; I came and found the body in the manner already deseri d by previous witnesses; ther tracks’ on the side of the brook where the body lay; as I went into the front room of the house I saw that the floor was literally covered with blood; there was an old bedtick on the lounge and that, was also covered with blood; I saw the overalls and the knite handle which have been already identifled; the overalls Jooked as if they had been spattered with blood; my im- pression is that John Madden picked up the knife handle and handed itto me; John Madden took particular pains fo show me around; the body was carried into the ¢ door fastened, Joh den saying he would see that nothing was disturbe THE MURDERER'S SON. David Moore, the son of the prisoner, a boy of about twelve or thirteen years old, was the next witness sworn. The following is his testimony :—I lived at home with my father and mother; I saw my father on Thanks. giving Day in the house; he was sober; he was wearin, ‘& pair of overalls: my mother went out about four o'cloc! and was home again at five or my father was Ve 3 ‘asked my father ‘could go out; my mother said Tom Madden was com: ing’ down ; as I was going out I met Tom Madden coming down; I opened the door and told my father he was coming, and he said, “Let himcome;” the moment I shut the door Madden came up and asked me where my father was;1 stood there about five minutes, and I looked in and saw Tom Madden lying on the floor; my father put a coat under his head and the blanket over him { went off with the boys to John Maloney’s; I then went to Terence Connolly's; I stood there about half op hour or more, and then went to Mr. © house; Tceame down to Tercnce Connolly's, and as I Was coing up stairs: | saw my father sitting in front of the house; I stayed at Connolly's all night and the next and went to the store Teame morning I got uj Back I saw iny father sittin when Jack Mcéihern came man or : ven 4 WOMAN LYING DEJ near Dave Moore's house ;"’ Mrs. Connolly said, “Dave, gct up and go down and see, maybe you have done some- na ut went out of y 4 ” hy nothi»: the houses, went down to Mrs. Licas'next end heard all day up to the that my mother was dead. D1 =! tthe house tineT'went outin the nibernoom; ‘when my moter came back in the afternoon she hot sober; when she drank anything she ‘much or eat anything never spoke ng ; blame my mother for inviting him to come iow w en Tether put the blanket over a ty sitting on a chair; after I went to'bed in Connoliy's Sahn Madaen ne JOORE! in Connolly's; T was there fn and said “There is either a he went into bed with Pat MeLaughun; I it the murder. dai dasa he ‘next witness” TT iit t as was the next witness sworn :;—I live at eH Moore lives next, fo. me; saw hin om Raa Oh out any hata on he fh December tiny eacodse : he had # Diack hat and two coatsons he wap : 1 sald to him, “You murdering thief, here t you ought to be ashamed of why dont, you give yourself | up b ig he e said was going to stand asked him why he brought the woman jhe said he waniod to wash him; Lasked him wh? he illed her; he said he would not have done itonly tor what he saw Madden do to his wiv; he went away after that. eaigg Thomas Madden swétn—I was with David Moore on Thankagiving Day; we were both drinking all the day; we drank two quarts of whiskey froin twelve o'clock torthe houkes Lretaeed Tees ee: Due went Gown, later: to the houke ; Tre ‘do st bul ; Pr ee tug 0 dow. i the floor and Dave atter we talked some I lay down 1 Morte puta coatunder iy hendtt jc’ Mere UNL wy mother came and woke me up, then I wen, “9M The witness was cross-exainined at great leu, bY Mr, bo and he was made to contradict *himse cy Margaret Qnaid, mother of the previous witness, de- posed to finding hi " Fiving night 6 her son down at Dave Moore's on Thanks» Terence Connoll; ni po Tasetmnere” ae at STAMOS Bajuscgtans | Hee wk tat nine NICARAGUA. The Survey for an Inter- oceanic Canal. Progress of the Operations—The Line Com: menced at the Mouth of the Ochomogo River—Reconnoissance of Lakes Nicaragua and Managua, La VIRGEN, Jan. 17, 1873. In letters last year the HERALD was duly advised of the surveys made by the United States surveying expedition for an interoceanic canal through this isthmus, under the command of Captain Chester Hatfield, United States Navy, who, for the short time he had here for the work, accomplished much, but, on account of the rainy season, waa compelled to return home. Captain Hatfeld was very active and competent, and deserves great credit for the services he rendered the government, THE UNITED STATES SURVEYING EXPEDITION, On the 8d inst. Captain Edward P, Lull, officers and men of the expedition arriyed here in the lake steamer, and took quarters at the same places as the former expedition last year, Captain Lull being the guest of Mr. Ran Runneks, and the officers, &c., occupying one of his cottages, Mr. Runnels’ long residence in this country enabled him to give much valuable information and services. The object of the expedition is to make surveys and ascertain the most practicable route for an inter-oceanic canal through this Republic, and has come out under the command of Captain Edward P. Lull, who, the moment he arrived, organized and despatched the different parties for their re- spective fields of operation, Party number one is composed of Lieutenant Lentze (in command), Lieutenant J. W. Miller with the level, Assistant Civil Engineer J. F, Crowell with the transit in- strument, five petty oMcers and seamen acting as polemen, rodmen and chainmen and twelve natives as macleteros, cooks and muleteers, The route this party is now surveying com- mences at the mouth of the Ochomogo River, goes up to its Ltt and then crosses over on the Pacific side to the port of Escalante. The exact distance has not yet been determined, put it will probably be about thirty miles, Lieutenant W. W. Rhodes commands the second party, First Assistant Engineer George M. Greene running the transit and Lieutenant J. F. Moser the level. There are about the same number of rod- men, chainmen, &c., as in party No.1. This line commences at the mouth of Rio del Medio, runs out to the plains, crosses the cordillera and runs down to the port of Brito on the Pacific side.. The distance is about sixteen miles, This will no doubt be the route selected for the canal, unless a better cae be found between this and San Juan lel Seu. A A tide-gange party has gone to Britoin charge of Ensign Kosworth Niles, with petty otflcers and two men. The Sapra line, which was surveyed last year, is the old favorite route of the French company and Monsieur Felix Belly. But the United States Sure vevying party found it to be impracticable, as the summit over the cordillerais 760 feet above the level of the sea. This is to be regretted, as it hag one oi the best ports—at Salinas—on the Pacific. Midshipmen J. D. Keeler, Francis Winslow and E. M. Hughes return to the United Stateg...These officers remained here during the past rainy sea- son, in command of this stution and the steam launch and were engaged in hydrographical: sur- veys on the lake. In a few days Captain Lull, with Chief Engineer A. G. Menocal and Master J. M. Hawley, will make @ reconnoissance through the lakes of Nicaragua. and Managua to the Bay of Fonseca, on the Pi oe This line was indicated by Louis Napoleon while a prisoner at Ham. Should the reconnoissance show anything favorable in that line, then @ regular sur vey will be made of it, The officers of the expedition have made a very favorable impression upon the people of this coun- try, and the commander ts considered tobe ‘the right man in the right place.” . hen the surveys between the lake and the Pa cifle Ocean have been completed the expedition will then go down the San Juan River and com- mence work, then to the port of Greytown, or monkey, Point on the Mosquito coast. Tne ine from the lake to the Pacific rans through cored beautiful cocoa and indigo estates, and the most of them are in a good condition of cultivation. The climate here 1s healthy for foretgners, ‘and labor from abroad will, no doubt, be brought here for the works of the great enterprise, ould a practicable route be discovered. ST. VALENTINE’S DAY. The Lover's Festival—liow the Custom Originated and How It Is Carricd Ou: In the year 270 Anno Domini, Valentine was be- headed at Rome, and was in ‘dne course of time canonized. He was a bishop and is said to have been “a man of most admirable parts and famous for his love and charity.” Because of his great love it 1s supposed that lovers regard him as their special patron, and on this day (February 14), which is assigned him in the calendar, they make their vows of fidelity to each other, In ancient times @ peculiar custom was practised on St. Valentine’s Day. The names of the young men and matds were each written on slips and placed in boxes; the young men drew at random from the box in which were the maidens’ names and the maidens drew from the other box. The names thus drawn were called the valentines, It 1s stated that on this day the birds choose their mates, Which may be considered a very material reason why the lords of creation should. choose | their mates, or announce to those already chosen_the feelings which agitate their manly bosoms, How touching, for instance, is the following:— If you love me as I love you, No knite can cut our love in two, What maiden could withstand so tender an appeal, especially when it comes to her printed in gold lét- | ters partly hidden in laced paper and garrounded by a wreath of little paper roses and forget-me- nots and evergreens, with a true-lover’s Knot at the bottom of the pace? How many tender hearts have been made captive by tuat beautifal distich it is impossible to say, for it has been doing effective work ever since THE PRACTICE OF SENDING VALENTINES commenced. When was that? is a conundrum which the oidest living inhabitant must ‘give up,’? In this city the valentine business is much larger than is generally supposed, and during the past few weeks many shop windows have been filled with works of art of all degrees and expressing all the different sentiments of the haman mind. Love, charity, kindness, hate, jealousy, bf Age hg all are considered by the valentine maker, and a. ready made missive can be ol ed to give full expression of the ruling passion. ve, of course, comes in for the largest variety of expressives. From ornamental, gilded and enamel@d boxes, costing hundreds of do.lars, and filled with choice gilts and gushing poetry, down ‘oa half sheet of common printing paper, costing about one cent and ornamented with what looks like the portrait of a fresh liver and a hand big enougs for a Fourth. ward butcher, surmoupting the words— art and andy Ve ilt thou give me thin Thou art the tirest in the land, My darling Valentine. the darling did not wilt after such a proffer she must be obdurate indeed, and could scarcely be captured by the picture of a plump little boy, with small wings and large eyes (the latter turned heavenward), who appears with his elbows resting on some damp clouds and his finger nails stuck in his mouth, while the clouds form a halo around these soul-entrancing words :— If, thon ‘It be mine, ‘Then Pll be thine, T'll call thee, sweet, My Valentine, \ The custom of sending valentines has latterly been dying out, as, like all pretty practices, it was abused and made’ to be the mens of communi- cating lences of the meaner quali ite, hate and such like—while gifts and tokens such as were formerly considered part of the duty to St. Valentine are now distributed on New Year’s Day or Christmas. From general appearances it may be deducad that the custom will be well carried out this season and the postmen’s bundles ba to-day much heavier than usual. THE DIAMOND OR0SS. Mr, “Gus” Phillips, known as ‘“Oofty Gooft,” ana’ who acquired some fame as an actor at the Grand Opera House in the winter of 1871, was arrested yesterday on & Sheriff's warrant, on the complaint of Louise Schaffer, who charged him with unlaw- fully retaining a diamond cross and some other jewelry, loaned to him by her on his appearance at the Grand Opera House. Mr. Phillips was held tn $1,250 ball. LET THB sPIRITUALITS INTERVIEW NES. New Yonrs, Feb, 12, 1873, To Tae Eprror or Tue HeRaty:— As Mr. Colfax states that $1,000 of the money he deposited in June, 1868, was given to him by the late George F, Nesbitt, 1 would suggest that the testimony of the latter be obtained. This can be lone through the assistance of a spiritual medium. * the Crédit Mobilier Investigation © icted iA this is done, Fours, reset