The New York Herald Newspaper, February 15, 1873, Page 5

THE SCAFFOLD. Execution of John Gaffney fer the Murder of Patrick Fahey in Buffalo, Sketch of Galfacy’s Career and Crime— His Conduct During His Incarcera- tion—Pretending Insanity— ‘The Physicians’ Test. SCENES AT THE GALLOWS. Borrauo, N. Y., Feb. 14, 1873. Ayain ‘has ‘the majesty of the law in all its ‘errors been vindicated inthis city, and the soul of ‘@ man whose-hands were imbued with the blood of dais fellow man has been -hurried into the presence ‘of ita offended Maker. To-day John Gatmey, the murderer of Patrick Fahey, was, in accordance with the sentence passed upon bim, taken from his place of confine- ment in the old jail out into an angle of the yard and hanged by the neck until he was dead. From the jurisdiction of the courts orfearth a case has been transferred to the bar of judgment on high, Irom which there can be no appeal, JOHN GAPFNEY, the murderer, was really a child of crime, He was born in what is known as “the infected district”. im Buffalo, and lived there all bis life, among the ‘worst and the most degraded classes, He was born in August, 1844, and was, therefore, in his twenty-ninth year, he receiving no early training ‘except such as criminals and desperadoes could impart, except learning to read and write at one of the public schools and during a term at a mis- Sion school of the Young Men’s Christian Associa- tien. For some years past he was looked upon as &@man of some influence, He was very neat in his ress, although iaclined to be flashy, and may be gaid to have been a really handsome man, With dark hair, large eyes and a neatly trimmed mus- ‘taohe, he cut quite a dash at several of the fashion- able watering places, ana was apparently a favored guest in many circles, PATRICK FAHEY, the murdered man, was about twenty-three years or age, and was one of those who haunted “the in- fected district.” But little is known of him, other ‘than the fact that he was almost continually under police surveillance for some crime or violation of Jaw. He had but recently been discharged aiter serving 4 term of imprisonment, on a charge of stabbing at Fort Erie. ‘The story of Gaifney’s crime, with the details of his trial and the efforts made to secure his release, have been given at length in the HERALD, 60 that a brief summary of the facts in this case will now suffice, Gaimey, witha party of young men like himself, early in the morning of May 7, 1872, were drinking and playing at cards in @ lew den on Canal street, when a dimiculty arose between him and one Patrick Fahey. From his own statement it appears that during the melée his brother-in-law, John Farrell (who is now serving a term of five years on con- viction for burglary), handed him a revolver. Gatt- ney pointed it at Fahey and fired, but he missed his.aim. Fahey then ran toward the door; Gaifuey followed and fired two shots more, ohe of which took effect in the cheek and the other in the breast, Fahey ran up the strect a few yards and then dropped to the pavement dead. Ali those who were present when the police arrived were arrested, and from the testimony of one McQueeney the guilt was fastened on Gaifmey. He was sentenced to be executed on the 27th day of September, 1872. His counsel set to work and practised all the devices and technicalities known to the legal profession. A bill of exceptions was prepared and motion fora new trial argued, but the motion wasdenied. On the 25th of September, two days before the day set for his execution, @ respite for three weeks was granted by Governor Hoffman, and the case was brought before the Vourt of Appeals, but on the 3d of December the decision of the lower Court was affirmed, and on the 14th of December Gaffney was RESENTENCED. Judge Verplanck pronounced the sentence and condemned Gatmey to be executed on tue 2i day of February, 1873. Ater Gaffney had been re- turned to the jail {¥ was discovered that the 2d of February felion Sunday; that the error was made by tne Judge in referring to a calendar for 1872, The Court would, in a few minutes, hive adjourned sine die, so Gaifey was hurriediy returned to the court room and the error was corrected by naming the 7th of February imstead of the 2d. Had the Conrt adjourned before the error was discovered a very nice point of law would be involved, as Sun- day is considered a dies non. THE ONLY HOPE LEFT was that the Governor might be induced to com- mute the sentencé'to imprisonment for lite. Peti- tions were signed by members of the Common Council and a large number of the citizens of Erie county and forwarded to General Dix, appealing to him to exercise his prerogative and save Gaffney from the gallows. The Governor, as will be re- membered, was obdurate and refused most peremptorily to grant the commutation. As soon as it was known that there was no hope Gaifney stormed in his cell and 1aved tike @ maniac. The oMicials became alarmed, Gaffney was, as the result has shown, feigning insanity, and doing it so steadily and well that he deceived even the oldest physicians in Buffalo, and of course an insane man could not, under the law, be executed, THE INSANITY DUDGE. Ajary of tweive clectors was summoned by the Sheriff to decide on the sanity or insanity of the prigoner. On the evening of the day previous to the day set down for the execution Governor Dix sent a respite of one week in answer to a request from the physicians, in order that a fuller examina- tion might be made into the mental condition of the prisoner. Dr. Gray, of the State Insane Asylam at Utica, and Dr. Vanderpoel, Health Om- cer of the Port of New York, were summoned here, and on Sunday last they commenced their exami- Dation, which satisfied them that Gaffney was feigning, and they so testified. It may be seen from Dr. Vanderpoel’s testimony that the examination by Dr. Gray and himself was most complete. ‘They examined him as to his Physical condition, his emotional condition and his mental condition. They found no evidence of dis- ease in his physical condition. As to his emo- onal condition, the manifestations of which were im the lines of his face, they jound the muscles act- ing in periect concurrence, instead of one being re- Jaxed und another drawn, as is almost univer- sally the case in insane persons. His eyes were wiect in expression; they pot the ry and glassy look of the acute mania, but the secretion was perfect. The pupil was perfectly dilatable the moment it was submitted to the light, and its action was normal. Instead of the intense- ness of gaze of the man who is insane—who is de- termined to Lag himself upon you, it would be impossible for him to hold his gaze upon us for a moment. They told GAFFNEY, “YOU ARE FEIGNING; you can’t look at us fora moment.” A moment after that he made desperate efforts to show that he could look intently. Instantly his eye would flag, then he would look up at the celiing in order to regain himself. His great movement was to cram ier in his mouth and around his teeth. fi to the other condition, that of dementia,” Dr. Vanderpoe continued, “he had not that inat- tention in dementia. It was a single phrase, or limited to a le phrase, given as evidence here. When we our first visit his conversa- tion. was scarcely apything else but oaths. I don't know that I ever heard a manjswear 40. It seemed 4s though every idea was a succession Ot oaths, Repeating deagerty hee going to a cock-fight, J naid, ‘Gainey, that ie very poor business. I never an ingane man swear like that. Why are you so blasphemous?’ After that, on that afternoon, and at either of the subsequent 1n- terviews had, he made not a single oath. At the first interview it was a succession of oaths, until we told him it was ridiculous. Uniess you op an insane man and make him ferocious, he Bot start of at swearing himself. In mania, unless it is in the most acute stage.of mania, there is ccarcely any form, unless it 16 ex- treme attacks.of dementia, which last for a iong time. A person may be raving and going on with 28 he pleases. You can almost attention for a moment and ges answer to your question. He will tell you who he is, whether he is married and who his wife ia. Gaffney never answered anything of that kind, but went ton and repeated the same pi sear- gs is — himself on any other exp: or any r word. The result of thia examination sealed Gainey’s. NEW YORK HERALD, SATURDAY, FEBRUARY 15, 187 G did not sleep any, but tossed about on his @restiess manner, At about e’clock this mor! he was visited nip ag spoken t by him he Ft, upand entered into conversation with him. le seemed to be anxious to talk, and in the cou: wife in to endure he should bring upon them. He that he might aie a natural death for their sake. He was wa' by two keepers through the night, but he was quict and seemed tobe wore thoughtful aod The last sleep enjoyed was on Wednesday, after having beet very bitter in his remarks toward his friends, who, he said, had deserted him, On the same day his wife and children visited him, and he was calm end prepereai tor the worst. He gave them all vice and made his little boy promise ats 0 1 would never ane breton oxicating liquor or play cards or swear, his wife to lead a Christian life, that she might Ihe Catfuey was visited by: Father Malloy, who Te: g Gatney was visited by Father a 7 mained with him some ti advising him. At eight o’clock he partook of a slight breakiast, con- sisting of tea, toast and poached eggs. He had but little appetite and did not appear to relish it, About eight o'clock GaiMey’s wife and children, her two re and a brother Were admitted to the for their last interview. ‘The scene was very affecting—GafMey's wife weep- ing and clin, to him to the last, but he re- mained firm, and after BIDDING THEM ALL ‘“GoopBy,” he said to his wife, “Goodby, Lizzie, I we shall meet in heaven.” Gatfney’s brother-in-law, Bernard Fassett, and Sweeney, in whose saloon the inurder was committed, were also. ad- mitted to the corridor and allowed to converse with him, At ten o'clock Gaffney’s relatives left the jail, his wife sobbi hysterically as the heavy iron door clos upon them. As they were passing out of the corridor Gaffney, brother-in-law turned, and, shaking his fist ab Hill, the witness who neha or basi een hin regard to his msanity, said, ‘You treacherot ofa b—h! As the friends left the jail Rev. Fathers Malloy and Lanigan entered, with two Sisters of Charity, proceeded to Gaffney’s cell. Ho was taken from the cell to a room used for imprisoned debtors, and there, the last solemn rites of the Church were administered to the prisoner, The rege then engaged in religious conversation with ‘im and endeavored to nave him x his mind upon his approaching doom. Atan early hour this morning crowds of hard Jooking fellows began to gather about the doors of the gin mills in the vicinity of the jail, and by ten o'clock several hundreds of these morbidly curious. persons of all ages had filled up the streets on the north of the jail, and were crowding about on the walk fronting the Grosvenor Library buliding. Some climbed upon the houses in the nelgh- borhood and clung to chimneys, striving to get asight of the scaffold. It was all in vain, however, for the yard was completely covered with @ canvas awning, and every crack and crevice was closed. Stilt the crowd increased as the final nour drew near, and it was with great diMiculty that the police could keep the sidewalks leading to the jail clear. Now and then the crowd would shout and cheer so loudly that their voices penetrated the jail and reached the doomed man’s ears. He paid no attention to this, but continued his devotion, At a quarter betore eleven A. M. the witnesses and others, who were in the jail yard, were sum- moned to the Sheriff's office and the roil was called, The twelve witnesses answered to their names, aud the physicians who had been called were in readiness, Ata quarter alter eleven the procession of witnesses and spectators filed through the door into the jail yard and took their positions. THE SCAFFOLD was placed against the north wall of the jail yard, which is an enclosure capabie of admitting about one hundred persons. The scaifold itself is the same on which Morrisey suffered death. It consisted of two uprights and a crossbeam, in the centre of wnich there was a hook, over which one end of the rope ‘was made fast ut the proper time. The platform on which the condemned man stood was about six feet square, and was raised from the ground about eight feet. The trap was held in place by a bolt, which moved on rollers, and the executioner, be- ing concealed, needed only to push in on a lever, when the drop fell and was held back by a spring, giving a dead fall of about seven feet. Thus, you see, tle gailows was as simple and effective an in- strument of the kind as could well be invented. “There he comes!? Ata quarter before twelve o'clock the inner door of the jail swung back on its hinges, and THE MOl JURNFUL PROCESSION emerged into the yard. The Sheriff and Under Sherif came first, then the prisoner, accompanied by nis spiritual advisers, followed closely. Gatf- ney’s face was pale, but he walked amily, without flinching. down the short walk and up the steps of the scaffold without assistance. robe, which came down below nis knees; the black cap was on his head, and the fatal noose hung about his neck, while in bis hands he clasped a small crucifix. Every one had expected that Gaffney would have to be carried to the scaffold and that a fearful struggle might be expected, but when he walked | boldly torth, without any hesitation whatever; it was believed that he would “die game.’”’ While proceeding to the scaffold the clergymen kept re- peating passages of the service, to which Gaffney listened scenery, After the death warrant had been read Gaffuey looked up, and, in a low tone of voice, repeated some words after Father Malloy, saying, “I beg pardon for the crime for which t suifer, I ask you all to forgive me. I forgive all persons and I ask theirforgiveness.”’ Alter having inished what the priest said for him he turned to the reverend father and said, “I wouid like to say something more to them.’ ‘The priests tried to dis- saade him and wanted him to fix his thoughts on God alone, but he persisted. “Father, let me speak to them; tt can dono harm. Do let me tell them. I will only tell them the truth. I must speak to them before I die.’ Then he turned to the audience, and ina clear voice, betraying no emo- tion, he said:— “Gentlemen, I will tell you the truth. I want yon to know all about the crime for which I am to suffer this ignominious death, You may believe me, tor I can only speak the truth now.” He then gave an account of the crime substan- tially the same as that which was published in the HERALD last Friday. He sald that when he was drunk and crazy his brother-in-law, Farrell, who® sat beside him when the quarrel took place between him and Fahey, handed him a revolver and he used it, not knowing what he did, He said his iriend had kept his mouth closed when he wanted to tell the jury all about how the thing happened. If he had been allowed to tell his story he believed he would not stand in the place where he stood to-day, He s: course I tried to make you think I was imsane; did so,for I wanted to live so that I could see my children once in a while. 1 wouldn't care if I had to spend all. my days in @ dungeon. I love my cuuldren as well as any man loves children and I grieve to think that I am bring so great a disgrace on them this day. Gentlemen, I have toid you the truth. I hope and pray to God that you will believe me and torgive me. I beg pardon for all the crime I have done, and forgive all who have in any way injured me.” When he ceased speaking his limbs were pin- joned and the black cap was drawn down over his eyes, It was ratsed again, however, for a moment, to let him look into the tace of one of the priests for the last time. While Gaffney was repeating the words, “God have mercy upon me," the end of the ro was slipped over the hook above and made At exactly 11:68 A. M. the signal was given. The Sheriff pressed the lever and the drop fell; the vic- tim’s neck was broken and he died with scarcely a struggle, hoiding the little crucifix in his hand. After he fell the chest heaved a few times and the mb pe twitched; but it was evident that Gaffney did not suffer the least pain. Five minutes after he fell the pulse was 145; at eight minutes it was 75; at ten minutes it was 69, and in another minute it had ceased altogether. After hanging twenty-three and one-half minutes the physicians announced that the heart had ceased to beat, and he was pro- nounced dead. The Sheriff then cleared the yard. ‘The body was cut dow delivered to the under- taker, who placed it in the casket which was made of rosewood and lined with white velvet, There were eight silver handles, and the plate bears the representation of @ cross and the following inscrip- tion:—“Died, February 14, 1878, John Gatmey, aged twenty-eight years.” The witnesses roceeded to the Sherifi’s room and signed the certificate of the execution. The body was then delivered to the friends of the deccased and driven away in a hearse, followed by a throng of persons anxious to get sight of the coffin. The funeral will take place next Sunday. Thus has John Gaffney expiated his crime, and itis shown that in one city, at ty hanging jor murder is nat “played out.” THE OELTIO SOCIETIES. Meeting Last Night at Hibernia Hal’ The Grand Marshal to be Appointed on Friday, February 28. The Irish societies held a meeting at Hibernia Hall, No. 42 Prince street, last night—Mr. Kerrigan in the chair. Much time was consumed in reading the credentials of new societies, and nothing of im- 5 ‘| portance was done except resolving that the Grand Marshal and two aldes-de-camp be appointed on the last Friday in. February. The broaching of this proposition, Which is an {nnovation on old usages, called forth much eloquent indignation on the part of the Bourbons, who declared that they would not see the constitution trampled under foot and stand idly by. Mr. Mcardie, whom one of the members accused of ' talking against time, made ® Johnsou-like speech om pie of the constitution, which ended ju a stirring appeal to the patriotic sentiments of all present. ‘ihe motion, and not eloquence, pre- vailed. Another motion was made thet a commit- tee be appointed to mark out the line of march and report at the next meeting, but as Mr. McArdle proved the propesition unconstitutional i#@ did not vail Pe na past nine the meeting adjourned to mect again at the same place on Friday next at eight clock P, . He had on a black , STOKES-~--HIS FATE. The Sword of Justice Hangs by a Single Hair. THE BILL OF EXCEPTIONS DENIED. Judge Beardman’s Decision in Full—All the Ghjections Reviewed and Dis- posed of Seriatim. WHAT WILL JUDGE DAVIS DO? Stokes Interviewed in the Tombs. ‘There heve becn.a saturnalia of murders of late, which, in their separate degrees as to the slayers end their victims, might be classified as belonging particularly to the -higher and Jower classes, but all leading to the same inevitable result—trial, con- viction and sentence and the subsequent appeal for mercy. Too late the criminal, after dealing the murderous blow, or, with Jatal precision, aiming the deadly missile which deprives of life—the victim of revenge, insane jealousy or drunken frenzy— learns that the law which he derided and deemed impotent to avenge is a Nemesis he cannot escape from or evade. Too late he learns that the days of immunity trom punishment for murder are passed, that hanging is-not altogether played out; and then comes the employment of all the machinery of the law, its quips and quibbles, its delays and intrica- cies and the final supplication for mercy to the Executive, and the reaction from the murder- er’s spirit that lies in wait for vengeance and the craven spirit that entreats for pardon 1s complete. This is the terrible reaction which results from imprisonment within bolts and bars, and the de- graded crowd that hoot him from the moment he leaves his prison till he is returned to it, and the court room of curious, staring faces, and the Judge and the jury, his counsel and nis weeping friends—each day a dreadful phantasmagoria which follows the. awakening from the crime to its terri- ble consequences. All this is, nodoubt, more ap- palling to the unfortunate man not yet bereft of manly courage than the few fleeting moments he stands upon the gallows and which intervene be- tween him and eternity. Gaifuey, executed at Butlalo yesterday, passed through this preliminary ordeal, and yet he dreaded more than mortal mind can tell the moment that was to end all retrospection of an uphappy past, and declared that he would wish for life though it were to be spent from his youth upward ina dungeon. This is, no doubt, the feeling with some of the condemned men now under sentence in the Tombs, How their appeals to law and to the Executive may be sustained have yet to be determined, In the case of Stokes, as will be scen from Judge Boardman’s decision, the bill of exceptions is denied, This, however, leaves the question before Judge Davis, of the Supreme Court, yet undecided as to a writ of error. Should Judge Davis deny the writ, then it may be concluded that any further appeal to the courts will be useless, and, asin the case of Foster, the Executive clemency must be appealed to as a dernier ressort. At twelve o’clock yesterday Judge Ingraham en- tered the Court of Oyer and Terminer and took a seat on the bench. Soon after Mr, Dos Passos, one of Stokes’ counsel, followed, and addressing Judge Ingraham, said, “I understood you would announce Judge Boardmun’s decision in your private room.” Judge” Ingraham—No; I will in the Court where the trial took place. Then, slowly untying a large parcel of papers, he said, ‘Judge Boardman has denied the motion for a new trial.’”” This caused a stir in Court, but it seemed to have been expected. Scannell leaned back in his chair, stretched out his legs, stroked his red beard, and smiled contemptuously towards the Bench and around towards the audience. Mr. Dos Passos moved that the motion for a new trial be made part of the record of the Court. The following is the formal decision of Judge Boardman in the application of Edward §. Stokes, through his counsel, Mr. John R. Dos Passos, for a writ of error in the bill of exceptions taken by Lyman Tremain to his rulings on the second trial of the appellant for murder in the first degree. ‘The following decision by Judge Boardman, which is adverse to the prisoner, caused the most in- tense excitement tnroughout the city yesterday. It was looked forward to with general interest, as it was generally supposed that Judge Davis’ deci- ston on the motion for a stay of proceedings would greatly depend upon the action of Judge Boardman on the bill of exceptions :— Amidavits of jurors are not admissible to impeach thew verdict. The same ruie, and for the same reason, applies to afidavits of otners touching declarations of jurors while engaged upon the trial or after the rendition of their ver- dict (3 Gr. & Wat, on New Tr., 1428, &c., 1452, &c.; Chun vs. Smith, 6 Hill, 560; Thomas vs. Chapman, 45 Barb., 98; People vs. ilartung, 4 Park, 256-315; ' Wilson vs. People, 4 id., 619-032)’ Such portions of the aMdavits used upon this motion ag are incompetent under these rules are rejected from consideration. ‘'wo grounds of ob- jection are urged as to jurors—irst, that some of the jurors had iormed and expressed decided opinions as to the case before they were sworn; second, that some of the jurors during the trial were guilty of such misconduct as stiould void their verdict. Upon the first of these points these jurors, upon the examination under challenge, declared they had formed and expressed such opinions, but at the same time asserted their bellef that they could render an impartial verdict according to the evidence WOULD NOT BIAS OR INFLUENCE THEIR VERDICT. Believing such statements to be true they were allowed to become jurors. Under the act of May 8, 1872, chapter 475, they were properly accepted. Such an acceptance was not an irregularity, It was right and proper, unless that actis uncon- stitutional, That is a question of iaw fully pre- sented by the bill of exceptions in this case, and is availabie to the prisoner on writ of error, The affidavits here presented add nothing to the objections made on the trial to the com- petency of the jurors reterred to. They simply tried to prove what was then fully admit- ted and the question im the end turns upon THE CONSTITUFIONALITY OF THE LAW OF 1872, which was recognized as valid upon the trial, and to which ruling the prisoner has an available ex- ception. Upon the second point the allidavits show that Mr. Yost, one of the jurors, visited the Grand Central Hotel, the scene of the homicide, during the trial; that Mr. Beyers, another juror, looked at ‘fis own pistols and at pistois in the window of a Broadway store, with reference to the number of chambers to be casually seen and determined; and that Mr. Bolles, a third juror was scen with A DAILY TAPER IN HIS MAND, and sald that he had read it—that is, the case as published in the papers. While these several acts were indiscreet, the aMdavits do not show any real or possible wrong. It does not appear how by any possibility the acts of these jurors prejudiced the prisoner or affected their verdict. An injury to tho prisoner must be real and established. It is not suficient that it may ve imagined as possible. For in such case FANCY COULD ALWAYS SUGGEST SUSPICIONS of Rha | to set aside every verdict, however honest. But the afidayits of tie jurors implicated, except Bolles, show tliat nothing was seen or done or said that in any respect influenced or mollified their verdict or judgment respecting the facts proved on the trial, Such evidence readily over- comes any suspicion that Cf be justly excited by the unfortunate curiosity.of the jurors. the absence of injury tothe prisoner an impropriety on the part of jurors will not invalidate their ver- dict, (Stevens vs, People, 19 New York, 549, 567-8. Willis vs. People, 5 Park, 621, 674. Aflirmed 32 New York, 715. People vs. Hartrang ante.) As to Mr. Bolles, not enough appears to excite any well founded suspicion of wrong or injury to the risoner. What he read, where he read, iow much e read, Whether right or wrong as set out in the paper read, whether he was infiaenced or not by what he read, or, if influenced, whether for or against the prisoner, does not appear. It would be idle vo treat such evidence a8 JUSTIFYING THE GRANTING OF A NEW TRIAL because the prisoner had thereby been prejudiced or injured in his rights, (United States vs, Retd, 12 Howe U. 8. K., 361, 366.) During the trial the jsoner left the courtroom for about five minutes, uring the examination of Coroner ae The officer in ¢) re of the ‘sry? thought he had the consent of the Court. In this he is mistaken. It was a voluntary act of the prisoner without the knowledge or consent of the Coart or of the coun- wel jor the prosecution. His absence was known to his own counsel. The examination of Co: Young went on notwithstanding. The counsel fo the prisoner gave no notice of such absence, nor submitted | to them on the trial, aud that such opinions | » é the examination or make any, objec- the Qereners counsel did make a note of the fact on minutes he was taking of Serer He did request one of his associates 10 A MINUTE OP THE SAME PACT, and to call the attention of one or two gentlemen sitting near to the same fact, Such associate noted the absence #0 carefully as to be able to say that “testimony covering about three pages of the sten- sees minutes, as written out, were taken.’’ All of the prisoner’s counsel knew it and kept silent, What Coroner Young testified to tn the prisoner's absence does not appear. Nor does it @ppear that any of the evidence so given was ob- | ces tg jected to, It is not ry ner tended that prisol fact prej rence. It is THE EVIDENCE OF was by the occur- not shown that " YOUNG was controverted by other evidence. In fact, it was not. His whole ‘evidence might be stricken out of the case without harm to the prosecation or benefit tothe prisoner. He knew nothing of the killing, and was simply called to prove the proceed- ings upoa the inquest, and the identity of the pistol and o' ae the tri identity of the pistol with that used by Stol concaded. It is insisted that such absence was an irregularity fatal to the trial. The most remark- able 1eature of THE OBJECTION 18 ITS BAD FAITH. It ean effort on the part of the prisoner and his counsel to take advantage of their own wrong. It is the duty of the counsellor to aid the Court in the just aaministration of the law. In violation of this duty counsel for the prisoner have permitted what they ctaim an irregularity to occur, and pur- osely omitted to call the attention of the Court to it, that it A be remedied or prevented, in the hope of availing themselves of it to overcome a possible adverse verdict. It is now offered asa reason for a new triat. It was necessary that the prisoner should be present susie the trial, It was his right. The law gave it to him for his ben- efit. If he was deprived of that rignt it would be error, But if that right is given him, and he for a moment leaves the Court without its knowledge or the knowledge of the prosecution. for a temporary purpose, as in this case, it would seem that the substance of THE LAW WOULD BE SACRIFIORD to its shadow to hold itin error. Especially when there is not the slightest evidence to belleve or even pect that he was harmed by the proceed- ings had in his absence. Counsel will cure most errors not jurisdictional. A prisoner may waive irregularities asin the case of Beebe vs. the Peo- ie, 5 Hill, 32, where Nelson, 0. J., says “it is not for the prisoner to take advantage of the irregu- larity, a8 the Indulgence was granted on his appil- cation and for his benetit.’’ So in People vs. Ratti- bon, 21 Weede, 512, the Court says “the prisoner may even waive his tria! at the hands of a jury on the merits by pleading gullty. Having this power, no one will pretend that he cannot consent to any- thing less. A man cannot legally be tried as acces- sory to a felony till the principal be convicted. Such a trial is CONTRARY TO ALL ANCIENT AND FUNDAMENTAL PRINCIPLES OF LAW, yet, says Coke, ‘if he goes to trial without insisting upon the objection, he shail be holaen to have waived it,’’? These principles are approved of and deemed applicable to capital cases in Stephens vs. The People, 19 New York, 565:—"There can be no good reason why in such cases the Court should deny the existence or refuse the application of principles consonant to common sense and the ordinary course of justice, The public have rights as well as the accused,” &c. The question pre- sented is not whether the prisoner was deprived of @ substantial right, That cannot: be: claimed. But by his own voluntary act, with the knowledge and consent of his counsel and by his own fault he creates an irregularity, and now seeks to benefit thereby. ‘To recognize such a principle would be A PREMIUM UPON WKONG-DOING, especially in a case where the prisoner has suffered no injury and has in no respect been prejudiced. Substantially and within the spirit of the law the prisoner was present during this trial. The ab- sence of the Judge twice for about five minutes, whiie counsel for the prosecution was summing up to the jury, 1s also urged as an irregularity. No complaint 1s made that anything improper oc- curred during such absence, that anything objec- tionable was said or done, or that the prisoner was in any respect prejudiced thereby. Without con- ceding that such act was improper, irregular or dangerous, many o! the considerations in reference to the absence of the prisoner are deemed perti- nent. The prisoner and his counsel are present and make né objection, ‘The remarks of counsel were not addressed to the Court, nor was it essen- tial to the orderly progress of the cause that the Judge should hear them, ‘The Judge, though out of hearing, WAS WITHIN A FEW FEET OF THE COURT ROOM and substantially controlling its proceedings, There ts nothing mn the occurrence that wronged the prisoner or beuefited the prosecution (Bax- ter vs. The People, 3 Gilman (Ill), 368). The opening speech of counsel for the prosecution is suggested as ireguiay and improper and a ground for # new trial, A reading of that part set forth in the afidavit furnishes but weak ground for the suggestion. If remarks of counsel are objectionable it would be well tor counsel to make their objec- tions at the time. The Court has responsibilities enough without being called upon to object to the line of argument which counsel may choose to in- duige in, unless it is GROSSLY OUT OF CHARACTER. The opening remarks were not of that kind, It would be asking too much to set aside a vertlict and grant a new trial upon the pretence that the opening of counsel for the prosecution was an ir- regularity to be established by affidavits. It is not an iwregularity, however, objectionable in form, but the subject of objection and exception in like manner with any other proceedings in the trial. Upon the trial the evidence of the prisoner tended to prove that Fisk, the deceased, came up the stairs towards the prisoner with a pistol in his hands, and that the prisoner shot Fisk in self-de- fence.’ Several witnesses were called to show that Fisk carried @ pistol, that such a pistol as he car- ried Was picked up on the stairway near where he fell and was carried away. THE AFFIDAVIT OF MARY BEAN shows that she saw Colonel Fisk come out of the eutrance door after going in, take a pistol out of nis pocket, go back into the stairway entrance, and soon after she heard two pistol shots, she being then on the entrance to the stairway. Upon this affidavit a new trial is asked upon the ground of newly discovered evidence. This evidence, so far as it extends to establish self-defence, is cumula- tive, and adds nothing to what wus testified to upon the trial. Beyond that, so far as the afiidavit shows, Mrs. Beam does not see the partics when the firing takes place, does not know their relative positions, does not see Stokes at all, does not know WHAT FISK WAS DOING WHEN STOKES FIRED, Nor any facts immediately accompanying the firing characterizing the motive and purpose. It is noi, theretore, so material as to furnish just ground for believing vhat it would affect the result. Motions for new trial upon newly dis- covered evidence are addressed to the discretion of the Court, and should not be granted unless the Court be satisfied that such new evidence is so pertinent and material that it would probably pro- duce a different result on such new trial. (3 Gr. and Wal. on New Tr., 1043.) ‘The right of de- fendant to move for a new trial in this Court after verdict and sentence upon the irregularities al- leged will not be considered, for the reaton that the conclusion reached upon the merits of the mo- tion render tt unnecessary. The defendant will not be yy judiced by any neglect to decide that int, If the Supreme Court will hear this matter by Way of review of this decision or as an inde- pendent question the defendant can again present it there. But if this motion has been rightfully heard and the decision be final and conclusive, SO FAR AS IRREGULARITIRS ARE CONCERNED, it is submitted with the confident belief that the result is fairly due to the law and the facts in the case. The motion for @ new trial is therefore denied. Stokes’ Demeanor at Receiving the News of Judge Boardman’s Deccision—Deputy Sheriff Steve: Order. A reporter of the Heratp called at the Tomps yesterday afternoon to see Edward 8. Stokes. Mr. Finiey, the warden, showed the reporter an order from Mr. Joel Stevens, Deputy Sheriff, forbidding him to allow any one to see Stokes, except the relatives and the counsel of the condemned man. No reporters were, therefore, enabled to see Stokes poetersey. In the afternoon bis father. his brother Horace and cousia called upon Stokes and had =a long interview with him. Good taste forbids the veil to be drawn from the privacy of this terrible scene. And yet the condemned man, the prison keepers state, bus no fear of death. He 14 as confident as ever that he will be given a “stay” by some one of the Supreme Court {BgELs, And ag no idea that the sentence of the law which hangs above his head will be enforced. Among those admitted to see him yesterday was Rev. Dr, Montgomery, the clergyman Who married Stokes years ago. hen the reverend gentleman came out from the inter- view he appeared to be greatly affected. THE MURDERED SHOEMAKER OF LITTLE NEOK. The funeral of James Graham, the shoemaker who was so brutally murdered in his shop at Little Neck, on Friday night last, took place yesterday afternoon, and was attended by a large concourse of people, not only from the viliage of Little Neck sat from Flushing, but from the surrounding coun- try. fhe MeCrearys, hall brothers of the murdered man, and McConnell, who were arrested on the Coroner's warrant on Wednesday evening, were in attendance in charge of officers. Graham, it is now known, has left an estate yained at from five to eight thousand doliars. Letters of administration have been granted by the Surrogate of Queens couuty to Judge Provost, of Lakeville, According to the representations of his neigh- bors Graham was rather miserly in his habits, and was in the habit of keeping considerable sums of money in the house where he lived. A gentleman who visited him about @ week previous to lis murder made the remark to @ triend on his return home that Graham would some day be murdered tor his money, as he ajways rye so much about him and was ready to change & hundred dollar bill for almost any one who came along. The feeling against the McCrea- rys, half-brothers of the deceased, since they have established their relationship, has subsided, and suspicion now ag 3 points to other persons as the murderers, The inqnest was adjourned until Friday next, but it is possible that it may be re- symed at an earlier day, 3.—-TRIPLE SHEKT, MURDEROUS MANSING. —— A Mam Crashes His Wife’s Skull with a Skilect—He Nearly Murders the Wite of a Neighbor—Found Secreted Bencath a Bed. Mrs, Rose Mansing, the unfortunate woman who was beaten in such a shocking manner by her hus- band, Henry Mansing, at their residence, 485 Smith street, on Thursday night, was re- Ported yesterday to be in a dyirg condi- tion. Her physicians took upon her injuries as being of @ fatal character, as it has been found that Mer skull is badly fractured. The assauit, as was stated in the HERALD of yesterday, was committed with askiliet, or small iron kettle, The parties are German, and Mansing owned the house in which he resides. They have had frequent quarrels, and 1t is said the neighbors have fre- quently been compelled to interfere to protect Mrs. Mansing from the assaults of her husband, who bas # violent temper. On Thursday Mansing was arrested and arraigned before Judge Walsh on a charge of threatening to KILL HIS WIFE. He gave bonds in the sum of $500 to keep the peace and was released. He then went to his work in New York, but on returning home at night began to abuse his wife because she did not have his supper ready. ‘They quarrelled for some time, when Manaing again became violent, seized her by the hair and threw her upon the floor. She regained ber feet, when he knecked her down with his flat. Beiore she could escape he seized a skillet from the stove and dealt her a blow on the head with it, FRACTURING HER SKULL. The unfortunate woman uttered a piercing shrick and sunk to the floor im an unconscious state. Tho noise of the res) and the scream of Mrs. Mansing attracted Mrs. Eliza Clark, who resides in the same house, and she hastened to Mrs. Mansing’s room, As she rushed forward to protect Mrs. Mansing from further violence from the iniuman man he raised the skillet and alined a blow at her head. es an ouee and received the blow on her shoulder c BROKE WER COLLAR BONE, She screamed “Murder,” and Mansing then kicked her and also his prostrate wife, after which he fled to the house of a friend in Ninth street and secreted himseif beneath a bed in the gi It was found that Mrs. Mansing was too severely in- jured to be removed to the hospital. rs. Clark was removed to the Long Island College Hospital, and it is said she is also in & critical condition, After one hour's search Officer McGowan, of the Third pre- cinet, found Mansing beneath the bed, still grasp- ing the skillet tightly in his hand, He was taken before Judge Walsh, who recognized him as the man who had given bonds to keep the peace. Tne Judge committed him to the Raymond Street Jail to await the result of his wife’s injuries. FIRE IN CENTRE STREET, Loss About $50,000, A fire broke out at about four o'clock yesterday morning in tite southern end of the four story brick building known as the New Haven and Harlem Railroad depot, at the corner of Centre and Frank- lin streets, that caused a damage of about fifty thousand doilars, The burned part of the building is the property of the New York and New Haven Rail- Toad Company, and is-damaged to the extent of about fiva thousand dollars; insure for $31,250, The fire broke out on the second floor of the building, in the apartment occupied by G. L. Jaeger & Co., manofactures of cardboard for paper boxes, The loss sustained by this firm is estimated at $20,000; insured for ¢6,000 in the Metro- politan, Peoples’ and North Missouri Fire Insurance Companies. The firm also occupied a portion of the third floor, Part of the second floor was also occupted by J. H. Darlington, machinist. Damage to stock, $8,000; insured for $4,000—in the North Missouri for $1,000, in the Arctic for $1,000, in the Globe for $1,000 and in the Hibernia and Cleveland for $1,000, ‘The stock of Thomas Jones, who occupied a part of the third floor, was damaged to the extent of $15,000; insured, The machinery and stock of Jonn Kent, who occupied the sixth floor, was damaged to the extent of about $9,500; insured. He ik a manufacturer of sewing machines. The remainder of the same floor was occupted by William Unger, manufacturer of tele- graphic instruments. Damage to stock and machinery about four thousand dollars; insured for $3,000 in the North Missouri and Black River. It has not yet been discovered how the fire broke out, but an investigation into the matter will be held py Fire Marshal McSpedon to-day. The night watchman was in the building several times during the night on which the dre broke out, and discovered nothing that would be likely to cause a fire until the flames suddenly broke out. There was no stove in the place. It was heated by steam, and the engineer in charge says the heat was shut of every evening at six o’clock. For some time after the dames burst out great fears were entertained that the Tombs would be caught by the flames. The prisoners were very much alarmed, and Cap- tain Kenedy, of the Sixth precinct, was obliged to double the force of police at the tire, in case any accident should take place, The wind being high, sparks were carried on the roof and into the yard of the building, and the heat was so intense that it was felt in every part of the prison fronting on Franklin street, Oficer Hawky, of the Fire Mar- shal’s office, made a preliminary examination of the premises yesterday, and notified all the persons employed about the place to appear before the Marshal this morning. “THAT DIAMOND OROSS.” To THE EpiTor oF THE HERALD:— Sir—In justice to Mr. T. Augustus Phillips (“Oofty Gooft’) please inform your readers that the suit instituted by me for the recovery of a cer- tain diamond cross, &c., against him was a mistake all the way through, and is now amicably adjusted and proceedings discontinued, 1 entirely exoner- ate Mr. Phillips from any and all blame in the matter, and regret that the proceedings were ever instituted. Respectfatly yours, &c., FEBRUARY 14, 1873, LOUISE SHAFFER. ee MARRIAGES AND DEATHS. Married. SanLER—StovT.—On Thursday, the residence of A. V. Stout, Ess Harrower, assisted by the Re HASBROUCK SAHLER to Mrs. SUSIE M. STOUT, all of this city. WHEELER—TAYLOR.—At the residence of the bride's father, Allentown, Pa., on Wednesday, Feb- ruary 12, 1873, by Rev. R. Owens, of the Methodist February 13, at by the Rev. U.S. . D. Sahier, J. Eptscopal Church, Mr. ALBERT G., WHEELER, of New York city, to Miss Cassik G. TayLon, daughter of William H. Taylor, of Allentown, Pa, Died. BENestTeEAD.—At Nyack, Rockland county, Thursday, February 13, 1873, Eva A. Haxrwick, youngest en Hd of William and Allette Ben- in the 19th year of her age. ral trom her father’s residence, at Nyack, on Sunday afternoon, February 16, 1878, at two o'clock. CAREY.—ANNE CAREY, aged 49 years. The friends of the family are respectfully re- quested to attend the funeral, from her late resi- ence, Sixty-fourth street, near Boulevard and Eighth avenue, on Sunday, at one o'clock. Dublin papers please copy. Carr.—On Thursday, February 13, Lizziz C., wife of Dr. David C, Carr. Relatives and friends are invited to attend the funeral services, at the Reformed Collegiate church, corner of Fifth avenue and Twenty-ninth street, on Monday, 17th inst., at half-past ten o’clock A. M. The remains will be conveyed to Nyack. Trains leave via Northern New Jersey Ratlroad, Twenty- third stre 15 P. M.; Chambers street, 1:30 P, M.; returning, leave Nyack 5:35 P. M. CaseY.—On Friday, February 14, ANN Cassy, widow of Thomas Casey, in the 78th year of her ofthe relatives and friends are invited to attend the funeral, from her late residence, 327 Bast Filty. fourth street, on Sunday, at one o Her re- mains will be taken to Greenwood epaetery. CLARKE.—On Sapien in February 13, suddenty, CILBERT ©. CLARKE, een 40 years, native of Ballina- pious, parish Hillacherton, county Galway, Lre, lal nd. His relatives and friends are respect-ully invited to attend the funeral, from his late residence, 458 West Forty-fourth street, on Sunday aitermoon, at one o'clock. Cox.—At his late residence, 906 West Twelfth street, on Wednesday, February 12, CHARLES B. Cox, in his 67th year, Relatives and friends of the family are respect- fully invited to attend his funeral, to-day, ein at hall-past one o’ciock, trom the Memorial charch, corner Waverley piace and West Eleventh street. CoyLe.—On Thursday evening, February 15, MICHARL STEPHEN CoyLe, @ native of Celbridge, county Kildare, Ireland, in the jist year of his age. Relatives and friends are respectinily invited to attend the funeral, this (saturday) morning, at half- past nine o'clock, from the resideuce of his son-in- law, Jamos H. Myles, 357 East Pighth street, to st. Bridget’s church, Where @ solemn high mass of requiem will be offered for the repose of his soul; bag to hc Nate for interment. Dublin rs please copy. CULLEN On Mrridlay morning, February 14, MICHAEL CULLEN, @ native of county Kilkeuny, Ire- land, in the Bee. of his age. Relatives and friends are respectfully invited to attend the funeral, on Sunday alternoon, at one o'clock, from the residence of his step-father, Waverley street, Hudson City, N. J. Cusnina.—On Wednesday, February 12, after a long illness, MARY, only daughter of Mary J. and James Cushing, J) wed 19 years, Funeral from the residence of her paren’ 126 yh inst, at Weat F fourth street, on Sunday, Ds Lvzk,—At Montclair, N. J.. om Friday, Feb- on one o'clock P. M. F. aud Mary ©. K. de Luze. Vaan )N ALD.- o a rua r of and ‘Anaad. E Don- ERT RANDOLPH, son ald, aged 1 year and 7 months. Funeral, from the residence of his parents, 39 Went Yor aaie street, on Sunday, February 16, at two P. 'ARBELLY.—On Thursday, February 13, 1873, Car. THEKINE AGNes, the beloved daughter of Thomas F. and Mary Anne F. Farrelly, 2 years, 4 months and 24 days, The relatives and friends of the lamily are respect- fully invited to attend the funeral, on Saturday, 15th tnst., at one o'clock, from 345 West Houston California papers please cop: Y rs ples a Fist. —On th ra ursday, February of congestion of the lungs, DaNig. Fisit, In the tot year of his ‘The relatives and friends of the family are re- spectfully invited to attend the funeral, from his late residence, 28 Pike street, ou Sunday, Febru- bo 16, at two o'clock P, M. IMONS.—On Friday morning, February 14, at her idence, 70 Stagi rs n. E. D., Marry T., the beloved wife of Garrett 8. Fitzsimons and danghter of James McCullum, A solemn mass of requiem will be offered up fo1 the repose of her soul, on Sunday morning, Febru- ary 16, at half-past eleven o'clock, at St. Mary's church, corner of and Remsen streets, from whence the foneral will take pla at two o'clock P. M._ The relatives and friends of the fam- ily are respectfully invitea to attend. GOLDMAN.—On Friday evening, February 14, five o'clock, MARTIN GOLDMAN, in the 73d year of his age. The funeral will take place on Sunday afternoon, at two o'clock, from the residence of his son-in-law, No. 4 West Forty-seventh street, relatives, friends and members of Bler Scheba , No. 11, I. 0. B. B,, are, respectfully invited to attend with- oMpattaderpnia and Baltimore papers please copy. ladelphia an mor ' Haui.—In New York, on Er iday, Fe’ lu, GRACE Damon HALL, only child of Mrs, L.A, aged 9 years, 3 months and 15 os Funeral from the restdence of her uncle, Edward K. Kendall, 75 West Fifty-filth street, on Monday, February 17, at half-past ten A. M, lends ef the family are invited without further notice, Hart.—On zeidey, February 14, ELIZABETH, Wife of Hyman E. Hart, in the 73e year of her age. The relatives and friends of the ae re- spectfully invited to attend the funeral, her late residence, 133 Hester street, on Sai morn- ing, at ten o’clock, without further notice. ARRISON.—At Sing Sing, on Friday morning, February 14, Kirrrr A., wife of Charles 0. Harrison and daughter of Starks W. and Matilda ©. Lewis, Relatives and friends are respectfully invited to attend the funeral, from the residence of her parents, on Monday afternoon, February 11, at two o'clock. Hudson River Railroad train from Forty. second street depot at a quarter to eleven o'clock A.M. Carriages will be in waiting on the arrival of the train. Hory.—On Friday, February 14, at her resi- dence, 199 Meadow street, Hoboken, Mrs. CATHE- nine ANN Hozy, in the 70th year of her age. ‘The funeral will take place on Monday, February 17, at ten o'clock, Friends ofthe family are in- vited to attend, HoLnorow.—On Friday, February 14, 1873, HENBY HO.LBorow, Notice of funeral hereafter. HUBbELL.—On Friday, February 14, MINNIE FRAN- CES HuBBELL, daughter of Lambert Hubbell, aged 4 years and 7 months, Funeral will take place from the residence of her parents, 407 West Thirty-fourth street, on Satur- day, February 15, at one o'clock, JOHNSTON.-—In Newburg, on Friday, February 14, ae JOHNSTON, aged 58 years, 6 Months and 13 days, friends and acquaintances are respectfully in- vited to attend his funeral, on Monday, February 17, at two o'clock. KALvrLEiscn.--On Wednesday. February 12, MARTIN KALBFLEISCH, aged 69 years and 4 days. Funeral on Monday afternoon next, at one o'clock, from his late residence, corner Bushwick avenue and Grand street, Brooklyn, E. D, LANE.—At Boulder, Cal., on Saturday, January 18, 1878, PARK HAVILAND, son of James A. and pected Lane, aged 22 years, 8 months and 4 days, Larurop.—On Friday, February 14, RicttarpD D. Latnnop, in the 65th year of his age. The relatives and /riends are invited to attend the funeral, at the Madison Square Presbyterian church, Monday, February 17, at eleven A, M. Leamy.—At his residence, 226 East Seventy-ninth street, on Friday, February 14, JEREMIAH Leamy, aged 51 years. Relatives and friends of the family are invited to attend his funeral, on Monday, 17th instant, at nine A. M., to St. Lawrence’s church, East Eighty-fourth street, where a solemn high mass of requiem will be offered for the repose of his soul; thence to Cal- vary Cemetery. MASON. —On Friday morning, February 14, GEORGE, second son of (late) Jonathan and Anna Mason, aged 15 years, Funeral on Sunday, 16th inst., at two P. M. February 14, after a Mre.—On Friday morning, long and painiul illness, MARY ANN, daughter of Ann and the late Thomas Mee, aged 30 years, 2b month and 18 days. Relatives and friends of the family are invited to attend the funeral, from her late residence, 340 West Fifty-ninth street, on Sumday afternoon, Feb- ruary 16, at half-past one o'clock, MiLts.—On Toursday, February 13, 1873, MARGA- Ret, widow of James Mills, in the 45th year of her age. rhe relatives and friends are invited to attend the funerai services at her late residence, 328 West meee ppehy on Saturday, February 15, at one o'clock P. M. Mooney.—In Jersey City, on Friday, February 14, widow Mary Mooney, & native of the parish of Mullinahan, county Tipperary, Ireland, in the 634 year of her age. ‘The relatives and friends are yespersfalx. invited to attend the funeral ,from her late residence, 207 pio ge street, Jersey City, on Sunday, at two P. McKenxna.—On Thursday, February 13, ANDREW, eldest son of John and Marcella McKenna, aged 2 years and 10 months, ‘The relatives and friends of the family are re- specttully invited to attend the funeral, from tke residence of his parents, 413 East Nineteenth street, on Saturday, February 15, at one P. M. McNAMBE.—On Thursday, February 13, 1873, MARY MCNAMEE, a native of the county Cavan, Ire- land, aged 42 years, The Iriends and acquaintances of the are respectfully Invited to attend the ‘uneral, from her late residence, 138 West Nineteenth street, on Sun- day afternoon, at one o'clock, Noan.—In Washington, D. C.,on Friday morning, February 14, Maurice M,, eldest son of the late Major M. M. and Rebecca E. Noah. No.an.—On Friday, February 14, Miss Mary, E. NOLAN, aged 21 years, 5 months and 8 days. Relatives and friends of the family are respect- fully invited to attend the funeral, from her late residence, No. 11 Tillary street, Brooklyn, on Sun- day, the 16th instant, at two o'clock. jalveston (Texas) papers B espn le Rearpoy.—On Thursday, besery at 5:20 P. M,, Mrs. MARGARET REARDON, in the year of her age. rhe funeral will take place from the residence of | her son, Edward P. Reardon, 167 East Thirty-third street, this (Saturday) afternoon, at two o'clock, Rrerpon.—On Thursday, February 13, Mary, the widow of Matthew Rierdon, aged 72 years, The relatives and triends are respectfully invited to attend the funeral, trom St. James’ church, James street, this day (saturday), February 15, at ten o'clock, where a solemn high mass will be said for the repose of her soul; thence to Calvary Ceme- tery for interment at one o'clock, Surr.—At Jersey City Heights, on Tuesday, Feb- ruary 11, 1873, ABRAMAM LINCOLN Sipp, aged 9 years, 4 months 9nd 11 days, Relatives and friends of the family are invited to attend the funeral, from the residence of his pa- rents, corner of Bergen and GCommunipaw ave- nues, on Sunday, the 16th inst., at three o’clock P, Srewart.—In Jersey City, on Friday, February 14, 1873, after a short illness, ALEXANDER B. Stew- ART, in the 37th year or his age. The relatives and friends and those of his father- in-law, Thomas Negus, are respectfully invited to attend the funeral. on Monday, February 17, at one o'clock, from his iate residence, 170 Grand street, yi Ad . Newburg papers please copy. TayLoR.—On Friday, February 14, AGNES, daugh- | ter of Peter and Agnes Taylor, 342 East Eleventh street, corner of First avenue. ‘The friends of the family are respectfully invited to attend the funeral, on Sunday, 16th inst, ab ‘one o'clock. Viztva.—On Thursday morning, February 13, Joun Lewis Vizina, in the 42d year of his Pet The relatives and iriends are respectfully Invited to attend the funcral, irom his late residence, 140 Sullivan st., to-day (Saturday), at one o'clock P, M, Weits.—On Friday, February 14, Isaac aged 63 years. is rewaains will be taken from his late residence, 43 Suffolk street, on Monday morning, at nine o’ciock, to St. Mary's church, corner of Grand and Ridge streets, where a solemn requiem mass will be offered for the repose of hig soul, at ten o'clock, The reverend clergy are respectfully in- vited, WetMore.—Sucdenly, on Friday, February 14, in New York, at the residence of her uncle, George C. Wetmore, Makie PrrcHEeR, eldest daughter Theodore RK, Wetmore. Friends and relatives are invited to attend the funeral, at New Hamburg, on Monday, February 17. Trains leave Forty-second street a! mn, Hudson River Railroad, at 10:45, WUITEHEAD.—At South River, N. J., on Thursday, January 13, SAMUEL WHITEHEAD, in the 80th year Of his age. relatives and friends of the family are re- spectfully invited to attend the funeral, from his late residence, on Monday, 17th inst,, at one orelock, Services at the ‘Methodist lepisco church. Trains will leave New York, via Pennsyl- Vania Railroad, Monday morning, the 17th, at half- = nine, and Will be at the depot, New runswick, in readiness, WiLcox.—In Brooklyn, on Thursday evening, Feb- Tuary 13, FANNi& J, wife of James Wilcox. Her relatives and friends are invited to attend the funeral, this (Saturday) morning, at eleven o'clock, at 18 Lafayette avenue. Her remains will be taken to Madison, Conn., for interment. Woovworrn.—At Yonkers, on Thursday, Febru. ary 13, 1873, Hon. W. W. Woopwortu, aged 0¢ eat TA, P Funeral trom St. Paul’s Episcopal church, om Sun day, 16th tnst., at three o'clock P.M. veg and friends are invited to atlend.