The New York Herald Newspaper, February 15, 1873, Page 11

_——- ‘THE COURTS. THE SCANNELL-DONOHOE KILLING. "The Long Agony of Obtaining a Jury Ended~The Twelfth Good Man and True Obtained—Israelites, in the Majority, Decline to Sit on Saturdays—The Qourt Ad- journed Till Monday Next. ‘THE JUMEL ESTATE CASE. —_-+—_—— ‘Nearer the End—The Plaintiff Presented to the Jury as a True Presentment of Mme, Jumel--Close of Argument for the Plaintiff and Mr. 0’Conor’s Opening for the Defence. BUSINESS IN THE OTHER COURTS. Summaries—Action Between Landlord and Ten- ant—Business in the General Ses- sions, Parts 1 and 2, The hearing of the case of G. W. Bowen vs, Nelson Chase was resumed yesterday in the United States Circuit Court before Judge Shipman and the special gury. Ex-Attorney General Hoar concluded his _ #umming up on the part of the plainti#, Mr. Charles ’Conor replied for the defendant, and had not oncluded when the Court rose, at four o'clock. He will resume on Monday, to which day the gase Stands adjourned, in the Scannell case, before Judge Brady, in Oyer and Terminer, the long-protracted labor of procur- ing a jury was happily brought to an end yester- @ay. The twelith juror was obtained and the Court adjourned till Monday morning next. William Louison, who keeps.a sailors’ boardlag jouse and had been charged with assaulting a Inited States oMcer while arresting a deserting sailor, waived examination yesterday before Com- missioner Shields, and was discharged on his own wecognizance by consent of the District Attorney, THE SCANNELL-DONOHOE TRIAL. The Twelfth Juror Obtained—Israclites on the Jury Object to Sitting Satur- days—The Case Adjourned Till Monday. Yesterday, the fifth day of the trial of John Beannell for the shooting of Thomas Donohoe, was occupied in completing the jury. At the opening of the Court the eleven jurors obtained in the course of the last four days took their seats, and looked with interest at all who were called and subjected to an exhaustive analysis as to the state of their minds by ghe counsel for the prosecution and defence. A fresh panel of 100 had been summoned for to- day, and it was hoped that ont of these the twelfth juror would soon be found and the trial com- menced; but, as on the previous days of the case, it was rather dificult to find a man in this intelli- gent community without an opinion. Join M, Motfat, a sculptor, was, he considered, capable of deciding impartially on the testimony produced. He read the reports of the murder, and had formed an impression, but this would not in, fluence his verdict. He had no scruples regard. ing capital punishment. The triers found him com- petent, and the prosecution challenged him per- emptorily. * Joseph Foss, a fish dealer, had read of the Sean- hell-Donehoe tragedy, and had formed an opinion and expressed it. Mr. Beach—Would that opinion influence your verdict ¢ Mr. Foss—I don't know whether it would or not. (Laughter, amid which #oss was requested to take his leave.) Henry H. Richardson, bookseller, of 22 Vesey Btreet, had not read the newspaper reports of the murder; read oniy the heading, and thought he had ae whole story in brief. He was finaily ex- cused. Charles H, Schirmer, an upholsterer, of No. 191 Third avenue, read the reports of the snooting of Donohoe, but never believed anything he read in the newspapers. (Laughter.) He would believe Doething uniess he had proof ofit. He beionged to litical party; never was in Jolin J. Bradley's stables or talked of the case there; thought he Knew the prisoner by sight. He was challenged by the prosecution. dames L. Jones, restaurant keeper, corner of Broadway aud Howard strect, was excu: John Lacy, carpets, No. 171 Sixth avenue; Wil- Nam Henry Wells, of Thirty-first street; Henry E, Hart, furrier; Henry Halleck, Louis Ash and several others were excnsed, Charles Loeter, chair dealer in the Seventh ward, ‘Was excused, HENRY SOLOMON MACK—TWELFTH JUROR. At twenty minutes of two P. M. the twelfth Juror, in the person of Henry Solomon Muck, a Clothier, of West Forty-sixth strect, was obtained ‘and swern in. He ts an intelligent appearing young man, of about twenty-three years of age, ‘The jury being now coupleted the District At- ‘torney asked if there was any gentleman on the jury who had any objection to setting on Saturday e foreman, Samuel Dreyius, said he would wish to be excused on Saturdays, and it wasagreed that the Court would adjourn over until Monday. The question arose as to whether the jury should be locked up or allowed to go to their homes till Monday morning. Judge Brady decided to allow the jury to goto their homes till Monday morning, cautioning them not to talk to any person, not even to any of their own family, of the case. Mr. Beach said a iecading newspaper had con- tained articles calculated to ae ice the case against the prisoner. He hoped the Judge would caution the jurors not to read anything of the affair in any of the papers while they were out of the custody of the Court, and aiso to request that the newspapers would refrain from making com- ments until the trial was over. Judge Brady cautioned the jury as requested by Mr. Beach, and said he had not observed the articles referred . He asked that the papers Would say nothing of the case during the progress of the trial, except faithfully report the proceed- 8. The Court was then adjourned till Monday at | half-past ten o'clock A. M. THE JUMEL ESTATE CASE, The Suit of Bowen vs. ChasemThe Plaintiff Exhibited to the Jury—Ulose of Ex-Attorney General Hoar’s Sume ming Up for the Plaintiff—Reply of Mr. Charles O’Conor for the Defend- ant—He Will Resume His Argument on Monday. 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. Chatfeld, Mr. Chauncey Shaffer and Mr. Sawyer appeared as counsel for the plain- tiff, and Mr. Charies O’Conor and Mr. J. 0, Carter for the defendant, CONTINUATION AND CLOSE OF EX-ATTORNEY G KARAL HOAR’S SUMMING UP FOR THE PLAINTIFF, Mr. Hoar resumed his summing up of the evi- dence on the part of the plaintit. He said he would Claim the indulgence of the jury while he com- mented on another feature of this case. He alinied to the visit of Mr. Chase to Anne Eliza Vander- Voort, who testified that there was no use in searching the family Bible, as there was G. W. Bowen in Providence, Madame’s son, Mr, Cha: #aid he knew that, but that as Bowen was illegiti- mate he could not inherit. In regard to the evi- dence of the colored woman, who said that she knew G. W. Bowen was the son of Madame Jumel, id the jury believe that Mr. Chase said nothing ta reply to that? They had gone through the early “history of Betsy Bowen. They found her at Reuben Ballou's—found Bowen there from an early age, and then they traced Betsy on to New York. At this stage of the case the piaintif® was called by Mr. Hoar in front ef the jury, where he took a seat, and Mr. Hoar then exhibited to the jary a picture of Madame Jumel, so that the jury might, as he said, be able to make a comparison of the likeness. Mr. Hoar said that this plaintiff inherited cor- tain marked characteristics from his mother; he Wes @ man Of strong physical wature. be had the | up, attacked the entry in the King baste book t. NEW YORK HERALD, SATURDAY, FEBRUARY 15, 1873.—TRIPLE SHEET. © blue eyes and the brown hair of his mother, Betsy Bowen, afterwards Jame Jumel, since this trial commenced he had had a child born to him, ‘They. had an opportunity of Judging between Mr, Bowen at eighty and Mr. Chase at ixty-four years Family resemblance of a child to a arent was a part of general human nowledge. Counsel alladed to tie case of Don John of Austria, mentioned in Prescott's history. of Philip 1. The regent Johanna wished to see the child; she gazed at him long and earnestly, and the child shrunk from her gaze, Finally she recognized in his rich yellow locks and bright blue eyes some of the peculiarities of the Austrian line, Stooping down, she said, “The same blood flows in your Veins asin mine,” and she kissed the child. The portrait now produced was a likeness of dame Jumel, and Mr. Chase said he had a likeness at his house of Madame that was painted in Rome. They had called = for the production of that picture; it was not, however, produced, cause, it was said, it was too heavy, though it had been sworn two men could carry it. He was glad to see that there was a gentleman on the jury who had a knowledge of portraiture, and he would be able to appreciate these remarks. ° It Was one of the peculiarities of Madame Jumel that she had long e¢ and so had the plaintim™ The tip of his ear was on a level with the tip of the nose, and the picture of Madame exhibited the same characteristic. Plaintii’ had a crease on the right eye, and a peculiarity of that kind was to be seen in the picture of Madame Jumel. There was another mark on his face, which indicated a like- ness to Madame—put there. he supposed, by Mr. Tucker for the yurvoere of this case, (Laugnter. ® Mr. Hoar said that when the plaintiff’ smited a dimple in his chin became apparent, and there was a similar appearance in the features of Madame dumel. Here the defendant smiled, the jury smiled, and there was a general smile ai! around the court. The learned gentleman resumed his argument, Stating that Mr, Carter, iu his summing old, and the formation of the letters composing But who put that entry there—he meant the piaintit— whose portrait was taken eighty years ago, when he was born? Counsel for defendant had insisted on che value of old records, but it was re- markable that there shouid have been born eighty years ago & man who had now all the linea- ments of his snptees impressed on his teatures, Mr. Carter said there were four points on which the case rested, The plaintif’s case rested on the truth—it rested on the existence of tite plaintim Counsel for defendant said that the origin oi this case dated back only seven sare ago; but the origin of the case really was when the plaintiff was born. Mr, Hoar next alluded to the testimony of Joseph Perry and Daniel Hull, It was conceded that Joseph Perry’s testimony was perjured; but it was not to be wondered at that a ship so heavily freighted and after 80 long a voy- age should come into port with a great many bar- nacles attached to it. Mr. Tucker had been em- ployed in conducting this case; his brother had advanced money to prosecute it, as Mr. Bowen had not been able to find counsel to try a case for him four times, nor to find counsei who would yield as fee of $50,000. Mr. Chase got a release of all this irom Mr. 0’Conor; but what it amounted to the jury would judge, Having adverted to the part taken by Mr. Tucker in the prose- cution of the case, counsel said that one of the Joneses sent word to Bowen that he would like to help him along with this suit, Lucker hay- ing heard that, aud supposing that he could learn from Jones something he would like to know, was there anything wonderiul in Tucker going to Provi- dence tosee what was in the testimony of Perry, who was brought to his notice by Jones? Tucker had made etforis to get Perry into this district, 80 that he could have him arrested and punished, was charged that Tucker was corrupt because Jones had introduced Joseph Perry to him, But it would be remembered that witnesses examined on the last trial for the defendant, William Chase, Mrs. P. R. G. Pery and one of the Joneses, had not | been called now, and why that was so was for some good reason known to the defendant. Joseph Perry knew what Mr. Bowen rn, and was therefore well made up in the case. Now, as to the evidence of Daniel Hull, its quality was notin any proportion to its quantity, and he was willing that the jury should not fi e credit to his memory of any fact, so that they might be sure that that fact was true. They saw that old man on the stand, with Mr. O’Conor ex- amining him, Clay in the hands of the potter was not a circumstance to that examination. Every question was a Stab; sometimes if was a prick of a pin and sometimes it was the thrust ofa dagger. He would not waste time upon that testimony, be- cause il was amass of contradictions. Hull was utterly mixed up, incapable of raking out of the embers of his memory any fact that could be relied on, The only tming was, did Hullremember about, G, W. Bowen being at Major Baliou's? Was it true thatthe old man saw the baby there? The jury were to judge whether the man did see the boy, but he (Mr. Hoar) did not think it made any im- portance any way, nor fid_it adfect the material parts of Mr. Bowen’s case, When he saw counsel turning round and saying, “Who got this witness up?” he »wished he could tell. Henry Nodine, on cross-examination, discoursed on his share ol ser- vice in 1812 in the militia at] Harlem Heights, No- dine was fearfully attacked, and registers were called irom Washington to contradict him, Nodine stated when he was born, and his eldest sister con- firmed his statement in that respect, and the rest ol it ek go for what it was worth. Mr. Berrian testified that Nodine was not old enough to have served in the war of 181 war he was only a boy; that at the time of the et Mr. Bervian at that time ot him. was oniy ninewen years age self, When it came to these . matters of early memories they would remember tnat Mrs. Tranckell, in 1808, had a most distinct memory 4s to visiting Mrs. Jumel, whom she called Aunt Eliza, He submitted to the jury that it was | very remarkable that the memory of an old man was more particular as to facts occurring in his early youth than any others, That was the opinion of all writers on intellectual powers. On a death- bed some incident of youth was more generally re- called than that of any other period of existence. ‘Those old people were likely to get into a mass of inextricable confusion as to facts. Counsel then referred to the King Henry book and the entry in it, He said that he wished it had not been put in evidence at ail, Mr. Bowen had seen the entry by Reuben Ballou in this book, and be said he believed it dtd lcok like Ballou's handwriting, although there were in it the various discrepancies pointed out by counsel for defendant. But this did not affect the one ‘eat fact that happened in 1794, and nothing that appened since could change it. He was sorry to say that he could not remain to hear what the distinguished advocate who was to follow him for the defendant would have to say. For ten weeks he had attended to this case, and during thattime he had learned to respect the jury as men of intel- ligence and tntegrity, irom whom he expected a verdict that would be in accordance with the facts and the evidence, ‘The Court here took a recess for half an hour. After recess Mr. Hoar said he thought the jury had heard the last of his voice; but he had been instracted by the plaintiff! that he disclaimed in open Court any desire to claim from the city of New York the $300,000 that had been paid by the deiendant jor improvements, or the $80,000 that had been paid to .charities under the will of Madame juinel, or the $40,000 which had been paid to the Joneses in settlement of theirclaim, The plaintiff was ready to put a release to that effect in writing. Mr. ‘O'Conor made no reply to this offer, He simply smiled, as did several other persons in Court. SUMMING UP OF MR. CHARLES O'CONOR FOR THE DEFENDANT. Mr. O’Conor at about two o'clock proceeded to sum up the case on bebalf of the defendant, Mr. Neison Chase, The learned gentleman said ke de- sired to treat this matter with gravity, and if he had not been grave in treating it hoped the court would forgive him, With respect to the last remark of the learned gentleman who had ad- dressed them he had endeavored to be as grave and imperturbable as possible. In cases of this character it was desirable that topics as little ir- relevant as possible should be introduced. The gen- tleman who had jast addressed them was @ man of honor and veracity. Ail that he said deserved the highest respect. “Tits was not said in the way of | superabundant commendation, for Mr. Hoar had always maintained a high character in his own locality. To say this much was, perhaps, a piece of presomprion on his (Mr. O'Conor's) part. The honored Judge who presided and the jury who now sat were the constituted jadges of the dispute between the parties to this suit, The jury were independent of these litigants, ‘and with them was the power of judging and deciding upon this case. if amy one of the counsel were in intellectual power greater than any one of the jury, that aid not place him on the same level with the jury, for the jury were inde- pendent of all influences or corrupt motives, while the lawyer was aiready captivated with his own case, and in earnest good faith champions the side for Which he acts, This Recessary conditton on the part of the lawyer disentitied him to step on the same platform with the jury in deciding napon the merits of the case, This being 80, the opinion ol either of them, so far asit might be called an opinion, was only an argument addressed to the intelligence of tho jurors, The Court would teil them that the lawyers were only advocates and the jury the judges, ‘The learned geutierman who Id last addressed them had ad- vanced the idea tnat he and the jurors, for a whole Winter, had communed mutnaity on the merits of the suit, aM he stated that he was bate ¢ ipnorant of it until he came into it, and knew nothing of the case except from the evidence given iu Court. He | claimed for that & pre-eminence that would en- able him to walk into the jury box, and stand upon an equality with the jury in deciding the case. He (Mr. O’Conor) thought that a counsel who went | into @ case Involving six millions of dollars should know something of it before he went into it, | and why counsel should lay elaim to pre-eminence | Omthat ground over counsel who had borne the hedt oi the contest for so longa time he was at a ti dimculty in comprehending. He would not ave said a word on this subject if the learned gen- | tleman had not said something that savored of Peper It was sworn that at the last trial of Jury disagreed. The present jury was aspecial jury and the former one was not. Why did the defendant ask for a iat sory to try this ie ial case? Either to show that ck 4 fence’ iN “his, caso or that he Wanted oo chal + @ jury specially or Sad. ale Chase bad done Dothing in connection with the operation of selecting the jury, and if any one had atte don the part of Mr. Chase to influence the the to- wards bim, or towards his counsel, it was utterly unknown to him (Mr. 0’Conor) to this time, and he had no + that the jury, on their con- aolence, CQUId say the same. It had been said thas fvidence. this was a case bronght to compel the possessor of this great estate, by reason of wrong and long litl- gee, to come to a settlement, It had en held that a jury were glad to be assist the opinions of judges on questions of law and dis- positions of fact. That great and venerated man (Judge Nelson) whose portrait was now before them, and who had been obi through fulness of years to retire from the bench, never yet tried a case without expressing his opinion on the law and the facts, andit was with some regret that he had heard the learned gentleman say that the jury were to decide this case without being influenced by the opinion of any human being in the world. He had said, too, that each juror ht have his independent opinion. He (Mr. O’Conor) protested against such anidea, The jurors were to retire and consult together. He protested against this attempt on part of counsel for the Brea to wring a disagreement from the jury. eat as wont the ruin that would follow to ry Snbbe ii ee Was @ Verdict for thé pian. tif, he (Mr. O’Conor) would not he verdict of one, two or three of the jurors, but from the whole jury, As long as this case was kept in litigation Mr. Chase would not be able to do any. thing with his property; so that he now appealed not to a portion of the jury but to the whole of them; and he (Mr. O’Conor) did not ask from them for his opinions any more consideration than they believed them justly entitled to. He invited the most careful scrutiny into the accuracy of what he was now going to say, He was now brought to a general view of this case as to all the parties concerned and as to the property as it was placed beiore them, t nad been attempted to cover with slaver all the persons who had been connected with this property. Was it not proved and fully admitted that Stephen Jumel purchased the whole of this property with his own money, enjoyed it througit live and leit it to Mrs. Jumel, who Was enabled by Will to punish the ingratitude of their adopted children if they behaved ungratefully? Was it not in evidence, beyond doubt, that Mary Jamel was the adopted daughter, the beloved daughter of the Jumels? Mr, Chase stated thac it was not he, but Judge Crippen, who published the notice of his marriage with Mary in the newspapers, Now, then, he would say to the jury, Was it nec sary to serve a notice, or anything of that kind, tn order to show that this was the adopted daughter of Stephen Jumel as well a8 of Mrs. Jumely They had 4 gyidenge that, immediately after the war of 1811, thls family went to France, taking with them their adopted daughter, then about fourteen years of age, for the purpose of givin, pet an education with all the desirable accomplishments which peopie of foreign, and particularly of French, sympathies belleved could be obtained in the land of ga France at that time better than could be obtained tn any other coun- try. Here was a letter of Stephen Jumel, which he would read, written, howev French, and which a sworn witness had traislated, but which the learned counsel at the other side had permitted them to translate into English. It was understood to be a true translation, and he would beg now to submit its contents, It was written in French, ad- dressed to Mary Jumel, who at that time was in Bordeaux, The following is the letter:— Avavar 19, 1815. My Dean Many—Tt was with great pleasure that we received your dear letter through Mrs. Perry, who is here and who is to leave again to-morrow. It we that you were not without employment. is pleasa it should be so, as your ious. I received that letger from the ‘enwick, of New York, who asks if you are arming and if you contihue to be good.” Thave him that you are in a convent and that there no doubt that you were doing your duty.” [Counsel here observed this felated to her cluded by saying :—Dear, beliey through her That me your dear father, STEPHEN JUMEL, Now, he (Mr. O'Conor) would ask the jury it it were necessary to serve notices and formaby to prove it here that that letter in his hand was genuine, In that leter Stephen Jumel did not merely say my adopted diughter, It was not merely “your father by sdoption or your pro- tector,” or anything of that kind, but the letter was couched in the fondest and most endearing terms, for the relation was of the tenderest and sweetest that belonged to human nature; and what more dear than the Jove of a father for his daughter, It was just like the love ofa mother for her son, There was bey gee in the laws of the sexes that operate 1 in this relation, and the nearest and the purest and sweetest of all love has a father for his daughter. The nearest and dearest and brightest and proud- est thing thata mother could contemplate is her son, The proois were entirely satisfactory on this subject. He did not mean to say that this woman was really a child legitimate or illegitimate of Mr. and Mrs, Jumel, but he meant to say that the rela- tion that grew up between them by reason of here being no chila born in their household was that of father and child in the most emphatic manner, Aiter 1815 Madame came here from France to. live alone, leaving Mary there to complete her educa- ton, Madame for a couple of years was liv ng alone at the mansion, The learned gentleman read aletter rom Madame Jumel to Mary Jumel, The letter was couched inthe most affectionate lan- guage. This was the simple, honest, unguarded eclaration of both these parties, Had there yet ap- peared in this case a witness $0 base or daring as to say that the heart and the yearnings of the Jumels ever turned away from Mary Jumel? Davia Wilkie was examined In the ofice of Mr. Tucker as to the relationship that existed between Mary Jumel and the Jumels, and he said that Madame Jumel always spoke kindly of Mary; said she was her angel; promised her to take care of her two children and see to them, and then Mary died happy. There never was in any way anything but the most kindly relations between the Jumels and Mary Jamel, their adopted daughter, and the inheritors of this property. ‘They stood there as the representative of Mary Jumel, whose children were before them, the children of stephen Jumel’s adopted child, the child of his adoption and love, This was said to be a case of circumstantial He (Mr. O’Conor) would argue the case ‘on the facts, At the death of Mrs. Chase Madame Jumel took the children of Mary and said she would take care of them. And did she not do so as long as she remained sane and in posses sion of her mental faculties? Mr. O'Conor went on to advert to the kindly relations that ex isted between William Chase, Miss Chase and Madame Jumel, Madame taking the young lady with her to France, in 1854, where she procured her a husband, and agreed with the father of that husband for a division of her property among the young married couple. Those relations existed down toa period until Madame’s mind became affected, ‘hose insane ravings Of Madame were now brought up, not for the urs pose of showing that the Chases had done anything wrong, but that Madame's atfec- tions had ‘been estranged from them. These were the disturbed ravings of a broken Intellect, | 80 far impaired as not to be trusted by the law of the land in the making ot a will, then proceeded to call attention to the power of attorney made by Mr. Jumel May 15, 1826, giving Madame Jumel power to execute any and every disposition of the property she deemed fit, and tn 1827, -in pursuance of that power of attorney, and by deeds, the homestead at Washington Heights, the property at Liberty street, in the city of New York, and the twenty-#ix acre lot were conveyed to Mary Jumel, who afterwards married Mr. Chase. At this point of the argument tne Court a Journed to Monday morning, when Air. O'Conor wiil resume his summing up. BUSINESS IN THE OTHER COURTS. o—_———~ MARINE COURT—PAAT I. Action Between Landlord and Tenant. Before Judge Joachimsen. Willidm G. Vander Roest vs. Alexander Roux.— In the Fall of 1869 the plaintiff leased from the de- fendant the building 45 Mercer street, for the pur- pose of carrying on therein the artificial Mower business, but no other business more dangerous in its character. By permission of the landlord an addition of wood and corrugated fron was erected on the roof by plaintiff, in which was placed a boiler used in the dyeing of feathers, and the roof | was also used for the drying of them. The floor of this structure was of slats of wood laid so as not to interfere with the rain being carried off, bat lJatd over the mouth of the iron pipe built to re- | ceive it, running down throagh the building, and toward which the roof inclined from front and rear, In March, 1871, the defendant was erecting another building on the 1 which one of the walls of No. 45 was used as a party wall, but the new building being car- ried higher than the old one, the edge of the tin roof of 45 was iaken from under the coping and laid up against the new wall, On the morning of the 16th a very heavy rain shower ocenrred, which deluged the premises occupied by plain- tit, damaging a Cte? of flowers ana foathers, for which this suit fs brought, Piaintitt contends that the rain which caused this damage penetrated at the point where the tin was raised, and @ number of witnesses swear that from ihe indications that must have been the point, while the testimony was equally strong on the other side that this was not the case, their theory being that the escape pipe was filled up with particies of feathers escaping irom the boiler in the dyeing process and ig On the roof in the drying, thus causing the water to back and come through at another point, and a plunther was called who tes- tified to having uncovered the pipe and taken out a mass of stuif suilicient to stop it. This was con- tradicted, however, Defendant's counsel moved for & nonsuit on the grounds that the using of the building for the feather business was a violation of | the lease, that defendant cannot be made piaintitt’s insurer, and that the addition on the roof endan- gered the safety-of the building: but the motion was denied and the case submitted to the jury, who rendered a verdict for the amouut of suf: fered by the plainti, For plaintit, Steele & Boyd; for defendant, Ragar Logan, COURT OF GENERAL SESSIONS—PART |. Two Cases of Felonious Assault—The Prisoners Convicted and Bent to the State Prison for a Term of Years, Before Recorder Hackett, The first case tried by the Jury in this Court yes. terday was an indictment for felonious assault, charged to have been committed by Chauncey Leaver upon a youth named Peter Chetla, It was shown that on the 26th Of January, while Cheita, Who was 8 Reweman, Was standing quictly ia Park ir. O'Conor | | window, 47 Mercer street, in | street, the prisoner, without any provocation, stabbed him in the breast with a shoemaker’s knife, The jury rendered a verdict of guilty of an assault with a dangerous weapon, with intent to do pony harm. His Honor, the Recorder, in passing. sentence, said that Leaver was probabl one of the Italians who had been recently sent to this country by the Italian government, who seemed to consider that the United States was a kind of Botany Bay for criminals and reckless characters. The prisoner Was sent to the State Prison for five years. Thomas Burke, against whom was a similar charge, was also tried and convicted of assaulting John Dun‘ord on the isth o: August, in Fifty-ninth street, between First and Second avenues, From the evidence adduced it seemed that the complainant was in the street and the prisoner rushed at him with a knile, inflicting one wound in the breast aud another in the abdo- men, ng, oat after the stabbing some giris shouted, “Tommy, you have got the wron man,’? Burke itively denied having stabbed Dunford, although when arrested he admitted to the oilicer that he had a didiculty with him. ‘The Recorder intimated that Burke added per- jury to the crime of which the jury found him guile: Five years in the State Prison was the sen- ence. An Acquittal, Max Loewenthal was tried upon an indictment charging him with receiving a tub of butter which was stolen fromthe store of Charles Bulko, 276 Third street, by Rudolph Benken, The circumstan- tial proof against the defendant, who kept a gro- cery story, was very slight, and the Recorder di- rected the jury to render a verdict of not guilty. A Car Pickpocket Sent to Sing Sing. John Wallace, who on the 3d tnst, stole a gold watch and chain valued at $200 from John Dewitt while riding on an Elghth avenue car, pleaded guilty to an attempt at grand larceny, Mr. Mc- lelland made a strong appest for a mild sentence, which was unavailing, the Recorder observing that @ pic’ pocket was (he meanest kind of a thief. Two years and six months in the State Prison was the sentence iinposed upon Wallace, Petit Larceny. Thomas Devine, who, on the ist of January, stole sixty cents from Augustus I’, Long, pleaded guilty to petty larceny, and was sent to the Peni- tentiary for six montis, Prisoners Discharged. A number of other unimportant cases were dis- posed of, consisting of complaints dismissed by the Grand Jury and indictments against parties where the proof was insuiticient to sustain the indict- ments, The Court adjourned till this (Saturday) morning for the purpose of hearing motions. COURT OF GENERAL SESSIONS—PART 2, Before City Judge Sutherland, Several cases were tried in this Court yesterday. Recognizances were forfeited in the cases of Wil- liam Hanlon and Eben W. Hovey. Joseph Lynch pleaded guilty to assault and battery, and was sentenced to imprisonment in the Penitentiary for one month, Qharies Cordy pleaded guilty to larceny irom the person, and was sentenced to six months in the Penitentiary, A Quid of Tobacco, David Hanon, au old man of seventy-three years of age, was tried for felonious assauit and battery, The provocation was shown, however, to have been very great. The prisoner was @ “canaller,’? work- ing on a barge with three other men, and on the 26th of July last was siceping on the boat, with his mouth wide open, when one of the men suggested that it would be a good joke to put a quid of tobacco between the old man’s jaws. Daniel Reardon, the complainant, was the ont man on the boat that chewed, and iurnisied the quid for another man to use in the manner proposed, The old man woke up, spat out the filthy morse! that had been placed between his teeth, and was transported with rage at the insult. Soon aiter he went ashore and procured a cart rang, and, under the impression that the tobacco must have been Rear- don’s work, hit him on the head and shoulder so severely that he was in the hospital for ten days afterwards, The jury were compelled to find Hau- lon guilty; but Judge Sutherland, in consideration of the age of the prisoner and the grossness of the insult, jluflieted a penalty of only ten days in the city prison. A Row at a Picnic. John Matheis was tried fora felonious assault upon Mr. Ernest Vule on the 8th of July last. Mr. Vule was one of the managers of a target excur- sion of the Hofmann Light Guard, which took place at the Cremorne Garden, and in the fulfil- ment of his duty had to call Mathets and another boy to order for some outrageous — mis- cohduct towards ladies, © Matheis resented Mr. YVule’s, rebuke and threatened to “fix for it.” jew minutes afterwards he came behind Mr, Vile and struck him = with Mis fist clenched round some hard substance. The defence was that the blow was given by some one else, The jury returned a verdict of guilty of as- sault and battery and Matheis’ was sentenced to six months in the Penitentiary. Charles Ruppel pleaded guilty to assault and pe lideh and was sent vo the Penitentiary for six montlis. JEFFERSON MARKET POLICE COURT, Burglary. Tsaac Brinkerhoff was held to bail before Justice Cox at the Jefferson Market Police Court, yester- day, on the charge of burglary, in entering the premises 584 Broome street by ineans of a false i May last, and stealing a clock and other erty. He admitted his gutit and was commit- in default of $1,000, to answer, Grand Larceny. John Benson, a colored boy, was charged with stealing a quantity of silver from the residence of John &, Walsh, 146 West Twenty-second street. While in court he was identified as the person who stole a lot of silver from the house Twenty-fourth street a week since, up to answer, Supposed Larceny of Silverware. Yesterday afternoon OMicers Bush and O'Neil, of the Ninth precinet, arrested a woman on Sixth ave- nne, who gave her name as Varoline Welsh, of 242 Eighth avenue, having in her possession a basket containing ® large quantity of silverware, which she was trying to sell. Upon being questioned sie gave very coutradiciory accounts of herself, She was taken to the station house and there searched and on her person Was found other silverware and a number of pawn tickets, which investigation showed were obtained for silver, ladies’ dresses and other valuable articies piedged. She was taken before Justice Cox, at Jefferson Market, and remanded for examination, The property can be seen at the Ninth precinct station house, YORKVILLE POLICE COURT. Arrested tor Vagrancy. Frederick Parker, whose father is said tobe a respectable and even wealthy citizen of the Twenty-first precinct, was brought up on a cliarge of vagraney by Captain Williams. The defendant, through his counselsdemanded an examination, and it was granted. While the commitment was being made out Parker insulted the captain, threatening to “fix him’ when he (Parker) got pr ted, He was locked out. His conduct in court cannot be justified, even | though the charge against him may not be true, A Gray-Haired Carpet-Bagger. Henry Wilson, a gray-headed old sinner, was ar- raigned by Sergeant Armstrong, of the Nineteenth sub-precinet (the Grand Central depot), on the charge of having robbed Alderman Summers, 202 East Filty-fiith street, of a carpet bag, the contents of which were valued at $48, Mr, Sommers on en- tering the depot on Thursday afternoon placed the bag on the heater, while he went to the When he turned round the bag was gone, Shortly after the prisoner was arrested with the bag in his hand and on his person a panta- loons belonging to Mr. Sommers, Kartier inthe day he had made an attempt to rob a Baltimorean gentie- man of a bag containing $16,000, bot was allowed to go because the complatnant wouid not stay to prosecute. Wilson, it was shown, is an old hand at this game, and was, of course, committed for trial, A Likely Lad. A young scamp, named Charles Tracy, aged four- teen, was charged with robbing Mrs, Isabella Nevilles, of 236 Bast Twenty-ninth street, of a $20 note. The accused had spent all the money except $2, which he had deposited in a bank to his own credit, before being arrested. This he returned and ie was held for trial by Justice MeGuire, sitting | in (he abseuce Of Justice Couiter, who is ill, BROOKLYN COURTS, + SUPREME COURT—GENERAL TERM, John Keliam’s Will. Refore Judges Barnard, Gilbert and Tappen, ‘The General Term yesterday rendered a decision amMrming the decroe of the Surrogate of Quecns county admitting to probate the will of John Kellum, the wealthy architect, who died im July, 1871. Mr. Kellam lett all of tis estate to his wile, and his son and daughter contested the will on the ground that it was mot executed and attested im the manner prescribed law, and that it was not subscrif by Jom Kellum, The General Term aifirms the decree, with costs. Opinion by Justice Barnard, The cause was reported in the HERALD Of yesterday. SUPREME COUNT —SPEGUL. TERM, The Everlasting Pavement Litigation, Before Judge Pratt, The Hanson place Methodist Kptacopal church And ofbers vetitioned to have the assessments for 212 West | | force and effect as if sata the paving of St. Felix ment vacated on the ground of fraud and irregu- larity. The allegation was that the work had been done in utter disregard of a remonstrance of the Property owners, a majority of whom did not pein the Water Board to have the pavement aid, The referee to whom the cause was referred reported in favor of vacating the assessments and that a majority of the property owners had not peti- tioned for the improvement. Jt appeared before the referee that a number of the names signed to the petition that was presented had been forged and that others were fictitious, while in several tn- stances, parties who had expressed themselves as in favor of cobblestone pavement had “Nicolson? substituted for cobblestone on the paper. Judge Pratt decided that the church’s petition should be granted and likewise that of those owning prop- erty between Fuiton avende and Lianson place ; but as to those owning between Fulton,and Dekatb avenues, he denied the prayer of thetr petition, on the ground that two-thirds of the assessments on these lands had been confirmed by the compromise act of the last Legislature. CITY COURT—TSIAL TERM. A Narse’s Claim. Before Judge Thompson. Mary White claims $7,125 from Wiillam Albert and Charles Hickman, as executors, &c., of Captain Richard Adams, for services in nursing and taking care of the Captain's wife, who was insane and subject to convulsions, from 1863 to 1872, Plaintift alleges that the husband agreed to pay her $125 per month, and that her services were fully worth thatsum, Captain Adams died in March last. The employment is admitted by the dele who aver, however, that plaintiif was to receive but $25 per month, and that she had been fully paid. Case on, COURT OF APPEALS CALENDAR, ALBANY, Fob. 14, 1873. The following ts the Court of Appeais day calen- Ny February 17:—Nos, 27, 530, 587, 609, 508, 616, nts, WAITS OF ERROR FROM THE COURT OF OYER AND TERMINER, eae An Act to Amend and Enlarge the Jurise diction of the Court, The following recited act has been drawn by Re- corder Hackett and will be sent to the Legislature witha request for passage. As it applies only to New York city it is believed it will therefore avold the jealousies of members from other counties, and it differs from all other propositions in that 1% forces a limit to delay In murder cases and obtains opinions before sentence day arrives, It is sent to the pross foriniormation and criticism. Feprvary 14, 1573, AN Act relative to procedure in motions for new trials or regarding the writs of error upon con- victions in the Court of Oyer and Terminer of the First Judicial district, or of the Court of General Sessions of t Pence, in aud lor the city and county of New York, and to regulate in the Court of Appeals the procedure upon such writs of error, ‘The People of the State of New York, represented in Senate and A bly, do enact as follows :— Srerion 1.—Except only lor cause of some mis- conduct committed by a petit juror upon any trial of any indictment between the thme of his being empaneiled and discharged, no motion for a new trial shall be entertained by either the Courts of Oyer and Terminer of the First Judicial district, or the Court of General Sessions of the Peace in and for the city and county of New York. Whenever such cause of misconduct is assigned as ground of # motion for such new trial, it shalt be founded upon an afidavit informing the Court of the alleged mis- conduct, but upon the hearing of the motion upon its merits (if it is entertained) tue Court shall hear testimony only in open Court for or against the motion, SEC. .~-No writ of error to review any judgment upon any conviction had, alter the passage of this | act, in the Court of Oyer gud Terminer of the First | judicial district, or the Court of General Sessions ‘of the peace tor the city and county of New York, shail heveaditer issue 98a witt of right and only according to the provisions of this act, Such writ of error shail only issue when allowed by a justice oj the Supreme Court of the First judicial district, a , Whether in a8 the con- tlagency may arise, and may Issue with or without stay Of proceedings. But no stay ol proceedings shall be allowed on said writ t when ordered by such justice or judg (1 endorsed on said writ, When atlowed, whether with or without stay of proceedings, such writ shail be made returnable directly to the Court of Appeals, and with the same effect of return and precedence as apperttia to writs of error heretofore allowed to remove judgments of the Supreme Court at General Term to the Court of Appeals. No bill of exceptions upon any conviction in the rt of Oyer and Terminer or in the Court of General Sessions of the Peace in and for the city and county of New York, shall be eifectuat or valid unless duly settled and duly signed within ten days atter a conviciion, except that for the. cause of iliness ot judge or coun. sel, the time for settiing may be extended by the order or ordets of any Justice of the Su- preme Court of the First Judiciat district, which order or orders shall be filed with the Clerk of the Court. A writ of error directed to the Court of Oyer and Terminer, and to the Court of General Sessions of the peace In and for the county of New York, in order to be valid, shall be returnable within ten days aiter allowance of said writ. In order to entitie the defendant who issues and ob- tains such writ of error to be heard thereon in the Court of Appeals he or his counsel shall cause the original of said writ, with the original of the proper return thereto to be filed in the office of the Cierk of the Court of Appeais on or before the | tenth day succeeding the day upon which the writ | was atlowed. At any time alter said filing, the District Attorney of the county of New York may | move the Court of Appeals to fans and fix a day for an argument upon said writ of error, together with whatever return has been tmade thereto, whereupon it shall become the duty of the said Court of Appeats, if the said writ of error is upon a conviction for murder in the first degree, to imunediate)|. assign some day for argument, which shall be a day within ten days sne- ceeding such application, The District Attorney shall, within twenty-four hours after said fixing ot the day of argument, give to the defendant or tie party suing out the writ, a personal and written notice of said assigned day, which shall be suitl- cient notice of argument. in cases, however, of writ Of error upon conviction for an offence not punishable with death, the Court may assign any day or days sor argument and adjourn the same within its discretion, and in such cases which are not 80 punishable, may decide the same at any time within its discretion after argument. But the said Court of Appeals shall, upon all arguments upon writs of error to review convictions tor murder in the first degree, render a decision and give judgment within ten days after the argument thereupon. In considering any of sald arguments the rt of Appeals shall only pass upon the exceptions taken at trial, or upon errors inthe record of jwigment, except that it may decide in cases involving murder in the first degree, upon the whole testimony thereupon which is presented by the bill of exceptions, whether or | not such testimony constitutes inlaw the degree of nomicide of murder in the first degree whercot the party charged was convic Ii the Court of Appeais shall reverse any conviction for murder in the first degree upon tne ground that the jury gave an erroneous verdict upon the degree of homicide, it shall state, in itsopinion what degree is warranted by the testimony contained within the bill of exceptions, If the said Court shall affirm the conviction Of @ person under sentence of | death, and the day hadi oa | fixed for carrying | the said sentence into e| fect shall have then passec the said Court shall, in its judgment of aMirmance, alrect the Court below, in which the conviction was had, to bring before such last-named Court, by an order to be entered in tts minctes the person convicted therein and therein previously sen- tenced to death, and thereupon to fix another day for the execution of said person under convic- tion of murder tn the first degree, with the same ersou Was then and there for the first time upon his conviction before said last-named Court for jacemens upon the verdict of guilty of murder in the first degree, and the filing in the Court before which the conviction was had of the order aforesaid of the Court of Ee ag shall give to the Court in which the conviction was had all power and authority for its refixing in such case the day o1 execution, and for issuing a new warrant of execution therein to the Sheriff, Src. 3.—It shall not be necessary to have before the Judge or Justice who settles any bill of excep- tions, or allows any writ of error or grants any stay of proceedings, or before the Court of Appeals, upon argument, the body of the person whose con- viction has occastoned said proceedings or any of them, but they shall be valid if had in the presence of any attorney or counsel representing said con- victed person. SEO, 4.—All acts or parts of acts in conflict with, or inconsistent with the provisions of this act, are repealed, bat except as modified and changed by the provisions of this act, ail laws regulating writs of error and the procedure thereof, in criminal cases, shall continae in force. SEC, 5,—This act shail take eifect immediately, THE HASTY AUTOPSY, The Death of Mr. Frishie=His Body Claimed by Friends. The remains of Mr. J. P. Frisbie, the aged gentle- man who died 40 suddenly in Centre street Hos- pital, and on whose body Coroner Kessler ordered @n autopsy, made in undue haste, in less than n minutes aiter death, as previously rted i Heratp, were yesterday claimed by friends living in Plainville, Hartford oma the form deceased. '. Cont er home of Frisbie aid a8 at 11 Weat Twenty-seven st and at 4% West Fourth street, In ret a the ort: Xaminatl on ti body oft Taubie Deputy Coroner Leo iresly cone that so hast, autopsy Was not aly tn Sete UEn etdere er hig’ Supettets, Coveiet Kessler, Vhe body of M "| 4 - r. was ‘taken fo connecticut yestgstay aiternoon for intermedt. | uy agton of vbe Grand iW CE street with Nicolson pave * THE PRIZE RING. Arthur Chambers and George Scadons Matched for $1,000 a Side—Wednesday, 21st of May, the Fighting Day. After several meetings, resulting in nothing but Words, the'well-known pugilists, Arthur Chambers and George Seddons, met at a conveuicnt trysting place yesterday afternoon and signed articles of agreement to meet in the “squared circie” and compare their fighting abilities. The intelligenee that they would thus come together was pretty gen- erally understood by the many friends of those men, and at the appointed hour, among many others, George Roorke, Mickey Coburn, Bob Smith, Tint Collins, Butt Kiley, Mike Trainor, Johnny Lazarag and George Siler put in an appearance, and, without ceremony, the principals began to exchange ideas and arrange the business on hand. First, it wag determined they would fight for $1,000 a side; secondly, at 120 1bs., and thirdly, that it should take place on Wednesday, the 2ist of May, Then the question of selecting the ground was raised, when there ensued quite an argument, Chambers wish- ing to meet at a spot not less than 500 miles fronr New York and Seddons not over 250 miles, & compromise was effected by tossing for the choice, which was won by Arthur, much to his gratifica- tion, From this point there was plain sailing, anc it was agreed that the principals should weigh the day before fighting, between the hours of eight and twelve o’clock noon, and that this business be gone through with at the place where Chambers may then be stopping. They also agreed to be im the ring between the hours of six and twelve o'clock noon, The first deposit of $100 was then put up, the subsequent instalments being ag follows:—March 14, $150 each; April 14, $250 e1 and the fourth and last, Chambers $559 to $4bi from Seddous. The difference in the latter amoun is owing to the sum of $100 that was put up by theses men when they were in business together as a depos- it In the proposed second match between Chambers and Edwards, and in this manner it has Ly divided, Chambers having been held responsibie for the sum, The usual proviso of tossing for the location of ground ten days before fighting, and alsa that of chooging the referee at the Tipe side, were, incorporated In the articles, whet the entiré party" adjourned to some convenient place in New Jer- Bey Where thoy were duly signed, George Roorke belng Chambers’ witness, and Butt Riley assuminy the same oflice for Seddons. ‘The consummation of this match will be hatled with delight by all pugilists throughout the coun- try, as there is anevident determination on the part of the principals to thus satisiactorily adjust their differences, Both are well Known as being very clever with their nands, and, with proper con- dition and no outside interference, there will be & severe struggle for victory, Chambers and Sed- dons are in business, the former in Newark and the latier in this city, SALE OF GOVERNMENT STEAMERS I CALIFORNIANS ee ed The Vanderbilt, Which Cost $3,000,000, Would Not Bring Over $56,000. {From the San Francisco Alta, Feb, 6.) ‘The sale of the United States government vessels, advertised to take place at the Navy Yard at Mare Island, came off at noon yesterday, . A large num- ber of gentiemen, representing the leading ship- ping and mercantile firms, took passage on the New World, at a quarter past seven o'clock yesters day morning, to attend the sale, Owing to the early hour at which the vessel left, the attendance Was Not as large as was expect ‘The weather was very misty, and conseqnently those on board were obliged to remain within the Some, of course, lelt a Weakness about the h, on account of having lett home without partaking of the usual repast. This, however, did pot last long, as the breakiast bell sounded, and those of the party who were affected by the com~ punctions of an empty stomach repaired to the saloon, Where their appetites were soon appeased. The renainder of the party passed the time in the cabin. by taiking of the sale of the vessel stocks and the grain market, and “guying’ and chaiing each other about the sale, This was care ried of in the most pleasant manner, and was par- tictpated in by all with the best of feelings—Cap- tam Birmingham wen ent to Know what Chase knew about ships or vessels of any kind; Eldridge: asking why the services of a tugboat had not been: brought into requisition to tug the vessels down from the yard. ‘These and & thousand other pleas- antries were indulged in until the vessel reached the Mare Island Chanel. In passing through, the lighthouse tender Wysnda was seen to the leit and directly abreast of the Powder Magazine, getting up stéam. The Jamestown, Nyack and Dakota were lying further up the stream and close to the construction department of the yard, while the. monitors Monadnock and Comanche, together witit the sloop-of-war Cyane, were anchored in the stream oi South Vallejo, The New World landed her passengers at her wharf in South Vallejo, when the gentiemen who had taken passage in order to attend the sale went on board oi the Lively, the gov- ernment steam launch, and after a quarter of an hour arrived at the island. The preparations made for the party on the part of tose in charge of the island were Mia meugre, as it was almost. impossible to find planking enough to form a gang way sufficiently wide to land @ person without dat ger, Alter some delay experienced in this manner; the party ander the guidance gf Major Pook, pto- ceeded to the vessels, Where the sale was to fake pi Some three hours were employed in exam. Mning their condition, and every possible defect that was existing became known to all. At hat ve o'clock the party repaired to the Van. e the sale was to take place. Several Navy Yard oflicials were present, besides a large number of residents of Vallejo who had attended more perhaps from motives of curiosity, J. 0. bid. ridge ucted as auctioneer, and stated that the first vessel that he should offer for sale was the Resaca. The Kesaca is a steamer of 1,165 tons displacement, of the third class, and when in service carried seven ‘uns. The appraised value of the Resaca is $30,000 (currency). ‘fhe tirst bid offered was that of mM, D. Koruck, Who bid $10,000, A lively competition then ensued between parties, and she was finally knocked down at the sum of $41,000 to the firm of Goodall, Neilson & Co, Twenty per cent of the money Was lmmediately paid by the purchasers, and the remainder is to be paid on the adjudication of the sale by the authorities at Washington. ‘The Vanderbilt, of 3,187 tons measurement, was next offered for sale, Three years ago she was ap- praised ,by Captain H. Baldwio at $52,000 (cur y). Since then everything has been taken ont of her down to the hammock hooks, until she is absolutely naked—nothing leit but ner hulland ma- chines. Her value at proreat is appraised at $84,800 (carrency). The highest bid offered for ter yesterday was $56,000, at which suin she was with- drawn, ‘The bidding was by no meaus active, the miserable appearance of the vessel having @ dis- spiriting effect. Great disappointment was mani- fested vy all at her neglected look, The first bid. offered was that of Mr. Bornck at $30,000, This was. followed by a bid from Calvin Page of $35,000, ‘This bid was increased $2,750 by Mr. Boruck. Small bids were then made until Mr, Page bid $50,000, when the ae rested until Mr. Hanscom bid $56,000, The Vanderbilt was accordingly withdrawn. Mr. Eldridge did his very best, but he could not raise the figure named. ‘The efforts of the talented auctioneer were well illustrated by the great advance he re- ceived over the appraised value of the Resaca, The terms of the sale Were not distinctly advertised by the commandant, and when bidders were upon the ground they were then first informed that twenty percent of the purchase money was to be pail down, The sale was badly announced, and the ves- sels should not have been sold at Mare Island, but the sale should have taken place in front of the Merehants’ Exchange, in this city, Mr. Eldridge certainly deserves great credit for his labors in be- half of the interest of the government. ¥ Aiter the sale the San Franciscans visited the various departments of the Navy Yard and ap- eared to be well pleased, The Kearsarge and Mo- Rican were in the construction department. The latter vessel, having been condemned, t* now being torn to pieces, Some five hundred men are em- ployed in the construction department at present, and it is expetted that the number will be greatly increased in a few weeks. Alter visiting the va~ rious points of interest about the island the Sam Franciscans assembled at the Bernard House im Vallejo, Where & sumptuous dinner was provided, for them. ae ALLEGED FATAL FORCIBLE DISPOSSESSION. —+ A Court Officer Charged by # Coroner’g Jury with Having Caused the Death of a Woman. Coroner Keenan held an inquest yesterday after- noon touching the death of Mrs, Margaret Gordon, awed thirty-two years, from the effects of @ mis- carriage, alleged to have been caused by violent treatment at the hands of Moses Mintz, aget thirty-five years, an employé of the Marshal of the Sixth District Civit Court, The evidence showed that Mintz went to the tenement house 79 Goerck street, in which the de- ed resided, on the 27th ultimo, to execute # warrant of di nm whieh been issned against her husband, Upon stating bis business to the woman, and showing warrant, she asked him to wait till her tasband came home. Mintz, wha was acco by one or two others, it seem: refused to walt, but’ ieasrecuately proces 1 to re teh aS pee im a cont. her to let go, but she retal cS hold. He her trom him, and elther Dg the force wil she was pushed of on accom of she | fell the floor. After, fall she srose, snd with thé Be of some of hes renewed the attack. tz then threat. drew aciub from his pocket, but did not Durin second assault the womar att, t,o ephaeleriohags found @ verdict against Miatz, amd he tted to bait the fy $2,000 to aale sunt