The New York Herald Newspaper, February 20, 1873, Page 8

g on + OY, THE COURTS. THE SCANNELL-DONOHOE TRIAL. Sees ‘lose of the Testimony for the People—The Bhooting and Wounding of Donohoe by the Prisoner in September, 1870— Scannell’s Vow of Vengeance in the Station House—“If My Brother Dies I Will Have Revenge.” THE JUMEL ESTATE LITIGATION. Conclusion of the Samming Up for the Plaintiff—An Important Point of Law Raised—The Case To Be Sub- mitted to the Jury To-Day. FORGING A WIFE’S NAME. An Erring Clergyman—He Forges His Wife’s Name—A Confession—The Case Sent to the Grand Jury. “BUSINESS IN THE OTHER COURTS, Suammaries—A Reminiscence of Black FPriday—Decisions—Business in tho General Sessions, Parts 1 and 2. In the Coart of Oyor and Terminer yesterday, In the case of the people against John Scannell for the killing of Thomas Donohoe, in November last, District Attorney Phelps closed substantially the @vidence, resting his case, The session was a g@hort one, the evidence taken being principally ®@orroborative and cumulative. This morning the @efence opens by counsel, who will state the line of defence and the testimony that will be adduced ‘to support it. Yesterday Thomas Cusick, well known among the Warroom politicians of the Eighth ward, was con" victed in the General Sessions, before Recorder Backett, of assault and battery, Cusick was re- manded for sentence until he is tried for o felo- mious assault. Isaac Lyons, a professional receiver @f stolen goods, was convicted and sent to the Btate Prison for five years. Robert Lyttle, the Jeader of a gang 01 rowdies in Harlem, waa found @uilty of a felonious assault and battery, and was sentenced to five years’ imprisonment at Sing Bing. James Finn, another member of the gang) pleaded guilty to a similar offence, and was sent to prison for three years. William H. Burke, alias George Moorhouse, who keeps an office at 34 Amity street, is charged with fending what are called “sawdust circulars’ through the mails. He was held yesterday by Pommissioner Snields in default of $5,000 bail for examination, This offence is puntshabie under a recent act of Congress preventing persons from using the Post Ofice for fraudulent purposes, A man named Guido Becker, @ Prussian, who had been arrested on a charge of having swindled hia partner in the old country, was yesterday “prought before Commissioner Shields; but as the alleged offence does not come within the terms of the Extradition treaty the Commissioner ordered * Beoker to be discharged, ‘The hearlug 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. Chatfeid concluded his summing ‘up on the part of the plaintiit, and after some dis cussion between counsel on both sides as to the construction and legal eifect of certain deeds in relation to the Jumei property, and as to whether these would not prevent the plaintiff, Bowen, from inheriting the estate, the Court adjourned to this morning, when Jadge Shipman will deliver his charge to the jury. Nearly all Gay was consnmed yesterday, before Judge Fancher, at Snpreme Court, Chambers, in @ reargument of the motion to set aside the referees’ report In the suit of Bainbridge vs. Livermore, Clews & Co. The particniars of the case have already been fully published in the HERALD, No mew features were developed in the argument. ‘The suit, as is well known, already been in pro- ens of litigation for ten years, and it looks as though another decade of years might pase away before reaching iis termination, A verdict in a somewhat curious suit was ren- @ered yesterday in the Superior Court before Indge Monell. The suit grew out of stock transactions on Black Friday. A lady sought to recover $60,000 from her broker, but on squaring up the account the jury rendered a verdict of $1,875 against her, A good deal of fault is charged upon Judges for the long-drawb-out delays in trying causes, It 18 evident that most of the blame should be saddied upon tie lawyers. For instance, yesterday in the Superior Court, Trial Term, being held by Judge Monell, no icss than nineteen cases set down for trial yesterday were called, but in no case were the lawyers ready. The result was the Court had Ww adjourn. This is the second time this has hap- pened in this Court this term, and the same thing fs not of infrequent occurrence in ali the branches ‘Of the Courts, Mr. John E. Messmore, who, according to his own Btatement, docs not quite know whether he is a preacher or not, although he preaches occasion- alily, coniessed ina trial yesterday before Judge Van Brunt, holiing Supreme Co: rt, Special Terme though at first denying it, that he forged the signa- ure of his wile regarding a life policy, held by the Jatter, which her father had taken ont in her favor. Upon this confession the Jadge said he should send hie case to the District Attorney, with request to stay the same berore the Grand Jury. A full report «pf the case will be found in another column. THE SCANNELL-DONOHOE KILLING. —~ Continuation of Testimony for the Prose- vation—The Pistol Alleged to Have ®een Found on Donohoe—What Use the Pefence Will Make of 1t—The Vow of Vengeance—The Case for the Prosecu- tion Virtually Closed—The De‘ence To @pen This Morning. The proceedings yesterday, 80 far ae the evidence q@ent, were almost a recapitulation of the testimony given by the witnesses examined on the two pre- wows days. The only phase songht to be intro @uced is the introduction of @ pistol alleged to have been found on the body of the deceased man ohoe. How this is expected to affect the cas course, has yet to be developed. Testimony to the first shooting by Scannell and wounding of Donohoe in September, 1870, was given on evi- fence. A little before half-past three o’elock Mr. Phelps announced that he would there rest the pase for the prosecution. He might ask to occupy she saiky a of the Court for five or ten minutes mornin, m te ee but substantially, he sald, be . Court yesterday opened at the usual hour. Brady being punct ually in his seat, District ,. They Phelps aiid counsel for the prisoner were | iD attendance, tie prisoner himself boing already escorted to his place by the Sheri”s deputies. Mrs. Seannell (the wie of the prisoner), his mother, mater and other relatives were also present, an mained throughout the day. The greatest order Walled during the session, the court room at ne 9 being crowded, and at tines only 80 many were permitted to cn 8 to fil the places of shose who from time to time left the roont Mr. Valentine, in the absence of Mr. Spark, acted as Clerk of he Lourt most creditably; but thie, of sourse, Inight be expected, wom bis long expare ence with court mat . penis The execnination of the witnesses for the prowes ecution was resumed, The first witness called was DR. BEACH, Who assisted in making the post-mortem examina- ‘ef Donohoe's testified to substantially the same facts as did Marsh yesterday, except Shag ne had oblerved no bullet Wound In the back TESTIMONY OF SERGEANT TAYLOR. Sergeaat Taylor, of the fwenty-ninth precinct, testified—I was in charge of the desk in the sta- tion house when Scannell was brought in; I took his formal examination; I said, ‘Join, are you about thirty-five?” and he replied, “About that age;’’ I then asked him if he still kept a hotel, and he sald, “Yes; he was calm, and stood up firmly in front of the desk; he had an overcoat on, and had one of his hands in the pocket of it; I did not see the examination of the body of !onohoe; & pistol was brought and placed on the desk by one of the physicians who made the examination; I think it was Dr. Beach; 1t was a six-barreiled re- volver; all the chambers were loaded; the pistol Was taken away by Captain Burden, CROBS-BXAMINED by Mr. Beach—The prisoner was not tremulous while { was taking his pediores he did not hold by the desk; after that he lighted a cigar, which ne took out of ‘his pocket; the pistol and sleeve but- tons and other things taken from the body of Donohoe were delivered to Dr. Marsh that night; the clothes were, I believe, kept at the station house, and were sent down here before the trial. ~ | MESTIMONY OF OFFICER MALONEY, This witness, who found the pistol said to be used by Scannell, was recalled, and stated that the chambers were all empty except one; it is a six- chambered navy revolver. OFFICER WHITE, of the Twenty-ninth precinct, examined, testified— I waa present when Donohoe’s clothing was ex- amined; @ pistol was taken from his overcoat pocket; it was an premery sized pistol. To Mx, Beach—The pistol was in the right side pocke: TESTIMONY OF MICHAFL MOORE. Michael Moore, of Twenty-first street and Second avenue, testified that in 1869 he was at the station house where Donohoe was ander arrest for shoot- ing Florence Scannell; heard John Scannell there SWEAR THAT LF HIS BROTHER DIED HE WOULD SHOOT DONOHOE; Donohoe was wounded in the arm then, OROSS-EXAMINED. To Mr. Beach—I went to the station honse be- cause I heard the shooting, and went to see what it was; [knew Donohoe; 1 was opposed to him in Olitics at the time; I was not in Donohoe’s saloon jor four or five menths before this last shooting; Dononoe was shen supporting John Nesbitt tor Alderman, and ¥ was supporting Fiorence Scan- nell; to the best of my recollection I did not con- yerse with any person jn the station house at the time; I noticed that John Scannell (the prisoner) was nervous and excited; I would be willing to awear that John Scannell used the words, “if my brother dies I will kill Donohoe ;” I think Scannell addressed the remark to Donohoe; they stood im the opposite sides of the room at the station hous: 1 was examining the wound in Donohoe’s arm; Scannell pointed to Donohoe as he sata the above words; there were other persons there, all under arrest; I was acquainted with John J. Bradley, James Irving and Forbes Holland; I was a friend, political and personal, of these gentlemen; I had nothing to do with the subsequent prosecution of Donohoe for the alleged killing of Florence Scan- nell, To District Attorney Phelps—The threat was made in a lond tone of voice, OFFICER JOHN CALLAHAN ON THE STAND. | In December, 1869, I was attached to the Fight- eenth precinct; I brought John Scannell to the station house the day his brotherwas shot; he said If HIS BROTHER DIED HE WOULD HAVE REVENGE; there was then considerable talk between him and Donohoe; this was in the pack room of the station house while Donohoe was washing the wound on his arm; Donehoe accused Scannell of shooting him, and Scannell charged Donohoe witht (ate his brother; Donohoe denied it; Join Scanuell sais then, that {f his brother died he would have re- venge; took Scaunell in about one o’clook in the afternoon, OFFICER VISE testified—I was in the Kighteenth precinct station house when Jviin Scannell and Donohoe were brought in, the day Florence Scannell was shot; they were in the back sitting room; Scannell went down on his Knees and lifted up his hands and said if his brother died he would haye revenge; his face was toward where Donohoe was standing; Dono- hoe’s wound wasin the left arm, between the elbow and wrist. OFFICER ARTHUR CLINCEY testified—I was in the Kighteenth precinct station house when Scannell and Donohoe were brought in, in December, 1860, the day of the shooting in Donohoe’s saloon; heard John Scannell say he would shoot Donohoe for killing his brother, or words to that effect; Donohoe called Scannell a murdcrer, After Reces: The Conrt reassembled promptly at half-past one o’clock, and the same admirable state o1 decorum which Judge Brady bas enforced throughout, the trial was maniiested by the audience. ceedings were resumed by calling Sergeant James reall of tie Sixth precinct olice, Who testified that in 1869 he was a sergeant in the Eighteenth precinct; witness proceeded—I remember the shooting and wounding ef Thomas Donohoe on the night of September 19, 1870, on the corner of Seventeenth street and Third avenue; 1 heard the report of the pistol; [ saw Dono- hoe that same nigtt in bed, at his home; there was a wound on him on the left breast, a little below the nipple; it was a round hole ‘or wound about the size of tiie point of my little fin. ger; L arrested no one for the oifence; I did not see the shot fired, but heard ir, Cross-examined—I have been connected with the police force a little over twelve years; I became Sergeant in 1866; I was at one time a Sergeant in charge of @ precinct; that was when Bradley and O’Brien were running against each other; | was a friend of Bradley's; when I heard the pistol shot I was between Kighteenth and Nineteenth streets, op Third avenue; | then went to Seventeenth street and Third avenue; Ithen went through Seventeenth street to Irving place; then returned to Third avenue and into a liquor store on t Or= ‘the pro- ner; I then went through Seventeenth street to ‘Second avenue, down the avenue to Nineteenth street ‘and then to Donohoe’s home; Donohue was in bed; I remained tuere about ten minutes; the wound was bleeding very little; Lwent to the E nth precinct station, and from there, with ©: Cameron and Ofticer Larne, to the corner of Seventeenth street, and made a search there for Seannell; there were a amber of persons in the street when I heard the report; | spoke to no one at the time except Of- ficer Burleigh; I next spoke to a manin a wagon corner of Irving place and Seventeenth street; no charges to my knowledge were preferred against me to the Governor that I know of; I saw such statememts in the papers, bu’ have no kuowl- edge that they were preferred as stated. William C, O’Brien was the next wit sworn. He testified apparently with great reluctance ani paused in a tedious manner before answering the questions put to him. Before he had concluded the District Attorney was putting questions to him in a very FORCIBLE AND PERSISTENT WAY, and Mr. Beach, the prigoner’s counsel, had begun to treat him with very great deference and cour- tesy and with @ mild expression of voice and feature in marked contrast to his style with other witnesses for the people, One of the Cor oMecers remarked, “This is a witness for the defence.” O'Brien testi- fied that he i Clerk of the Sixth Distriet Court; knew Donohoe in his lifetime, and 1s well ac- quainted also with Scannell; had heard of the wounding of Donohoe in 1870; subsequent to It and alter Donohoe’s recovery witness had an interview with John Scannell; the interview took place in Third ‘avenue, near Twenty-fourth street, Q. State what took place at that interview? A. I Was anxious that the difficulty between Scannell and Donohoe should be settled; I was friendly to both parties; Scannell waiked down the avenue with me and said it would be all right,” and we walked down to the club room, corner of Twenty- first street, fer the pues. of having the thing settled ; Scannell said he was “very glad that Don- ohoe did not die instantly ;’ the first conversation we had in reference to the affair was in the front club room; I sent a note to Donohoe’s house ask- ing him to come to the club room, but he was not at home; I said it didn’t make any difference who committed the assault on Vonohoe; that he had suffered enough; but that Llooked upon it as @ Special interposition of Providence that he had escaped; I made noallusion to Scannell as having committed the offence of shoeting Donohoe ; nel) said that “Donohoe might go his way and he would go his;” | avoided speaking of the ehooting as much as i could; I don’t remember anything more that was said by Scannell, The Court and the District Attorney put numer- ous qnestions in every conceivable shape to draw from the witness some further testimony as to what further was said, but it was unavailing. Witness continued—Forbes Holland was with us at the interview; Peter Carroll also walked dowa the avenue with us; T tok! Scannell we were going to see Donohoe; we had no conversation as to tne relations between Scannell and Donohoe, as it was unnecessary; I don’t know that Scannell made any reply when | told him we were going to try tu setile the dificuity; I didn’t desire to connect Beannei) With that assault. Cross-examined—I had heard before this of the shooting and killing of Florence Scannell; my action was a voiumtary friendly service; 1 think bad notified John Scanhell of my intenuen to me diate some days before this interview; I was carc ful to avoid the subject of the shooting of Donohoe there was some intervening conversat the remarks which I have given abov: Scannell and myself; the intimacy between myself and Sednoell and Donohoe was very triendiy; f had noticed that the intimacy between Joun and Flor- ence Scannell was something unusual between brothers. Q Was that attachment much warmer than is usnal between brothers ? District Attorney Phelps objected to the question, as it depended wholly upon the witvess’ habits ani opportunities of observing the affection exhibited by brothers whether he was able to eny that in this case it Was or was not of an unusual degree of warmth or tenderness. afar some discussion the question was allowed and Witness replied—Their attachment was notice- able, put 1 do not like to say it was unusual. Redirect—I saw Florence and every night and usually one or two evenings a week, at their place, corner of Third avenue; I don't know that, except during the excitement of an election or meeting Of that sort, 1 saw them regularly, . You speak of Florence Scannell as John's brother, ashe his brother’ A, I don’t know, nit I always so understoed their relationship. Forbes Holland was next sworn, and testified that he is a livery stable Keeper; | know Joho De Seapuel; knew Donohoe in his Niece; I Wad John sometimes | present when William ©. O’srien Jehn Scan. hell were present at the “club ro ” as it is called; I was in the back room and Q’Brien called me into the front room; we had some cenversation, but I don’t recollect a word of it; I remember note being sent for Mr, Donohoe; f have no recol- lection of anything that was said; I don’t remem- ber the substance of it; I don’t remember what Was the subject of conversation; 1 remember stand- oftmy mtabie- on Fourth avenue, eunay of Biguts ble, on Fourth aver r 0! eenth street; while there taaw. aed , JOHN SCANNELL COMING DOWN ina Fourth avenue stage; he got out of the stage and came across toward us, and when I saw him coming I said to Donohoe he had better get in; he went into my ofice; Scannell afterward went svsy alter I had told him to “stop,” and raised my han what? A. He had a pistol in his hand; Q. Sto it was about the same size as that (revolver pro- duced) ; he had the revolver in his hand and stood about thirty feet off cocking it; I think he took the istol from under his coat; I dia not see the pistol in his hand when he t out of the stage; it was about the middie of the day; I was on friendly terms with both parties; as Scannell turned away he made some remark, but I didn’t hear what It was; I don’t know whether Donohoe had got in- side my office or not when I stepped toward Scan- neil with my hand up and told him to “stop.” Cross-examined—We were about three feet from my doer: Scanuell got out of the stage directly op- osite us and walked directly to the curb; he was in the act of cocking the pistol with both hands as he advanced; he did not raise it; as he turned to leave he made some remark; he was not paler nor more excited than usual; there were no other pas- sengers in the stage; he JUMPED RAPIDLY FROM THE STAGE} ane wage did not stop; he stepped rapidly to the jewalk. Redirect—Seannell was facing us as he came down in the stage; I didn’t notice anything par- ticular about his manner; I knew of the old elec- on diMoulty between thom. Ehjah L, Cook was next sworn, and testified —I reside in this city; I remember the night of Novem- ber 2, 1872; I was standing on the opposite side of Twenty-eighth street, directly ovens the en- trance to the pool room, when I heard & pisto) shot, and after an interval four more shots; I saw aman come up just alter the last shot, and he hesitated a mafnent and then turned to walk away; a cry of “murder” came {rom the poul room, and then HE STARTED TO KUN across Broadway, toward Vitth avenue; I then lost sight of him in the darkness; I could not identily him, but lam of the impression he haa on a light Overcoat and felt hat; quite @ number of people pursued him, Cross-examined—I saw no person come from the pool room betore the single individual came up the steps; my attention was fixed upon the steps directly on hearing the shots; no other person came up before him; when he came up. he looked quickly towards Sixth avenue, then looked tow- ards Broadway and went in the latter direction; J could not see anything of the expression of his features; when he was brought back to the pool room I identified him as the man who came up the steps. Captain McElvaine, recalled, testified that at the time he arrested Scanneli he (the Captain) was in citizen dress, In answer to Mr. Beach Captatn Meltvaine said he was positive several persons came up the steps from the pool reom alter the firing and before Scannell came up, Mr, Phelps stated that he now olosed the case for the prosecution, excopting that he might pos- aibly desire to Call one witness this morning, whoso Sonera would not occupy more than five minutes. Mr. Beach then moved that the evidence of Ser. eant Looney tn reference to the shooting of Dono- ioe In September, 1870, be stricken gut; also that the evidence of Mr. W. ©, OBrien in reference to that wounding of Donohoe be stricken out, Some discussion ensued on the subject, as Mr. Phelps did not desire to state the exact nature of Ree evidence he desired to adduce this morning, an Mr. Beach made the motion to strike out, as upon a close of the whole case for the people. Judge Brady finally decided, as it was within a few minutes of the regular hour of adjournment, to hola the motion over till this murning after Mr. Phelps has 5 in the remainder of his evidence. As Mr, Valentine proceeded to formally adjourn the Court, quite @ large part of the audience made an cig to leave, but Judge Brady, with quiet dignity, directed that they should remain seated until the proclamation o! adjournment had been completed, which was of course complied with, and contributed greatly to the orderly dismissal of tho spectators, TNE JUMEL ESTATE CASE, The Suit of Bowen vs. Chase—Conelusion of Mr, Chatiield’s Summing Up for the Plaintif—An Important Point of Law Raised—The Case To Be Submitted to the Jury To-Day. 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, Chatileld, Mr, Chauncey Shaffer and Mr, Sawyer appeared as counsel for the piaintif, and Mr. Charics O’Conor and Mr. J. 0. Carter tor the defendant. CONCLUSION OF MR. CHATFIELD’S SUMMING UP FOR THE PLAINTIFP, Mr. Chatfield resamed his address to the jury on behall of the plaintit, He called attention to the evidence of Maria Hall as being favorable to the plaintiff. There were but two pieces of evidence put in by the defendant bearing upon the issue—he meant the evidence of Mr. Charies Hart and Mr, Devine—and all the rest had no necessary connee- tion with the fact whether G. W. Bowen was the fon of Madame Jumel The main facts alleged by the plaintiff remained entirely unanswered except by inferen Mr. Chatfield referred to Mr. Chase in severe terms, denouncing himas an adventurer, and stating that the moment he saw Mary Jumel he jumped at her as a trout would jump ata hook, He never asked the lady lier age—never asked her if, when married, they would have any chance of a family. But the key to the whole of this was that she was in the care of a rich lady and Chase Jumped at the tea of being suddenly enriched. Mr. Chase told them that it was Mr. Crippen who had written the announcementin the Albany paper that Mr. Chase had married the adopted daughter of Stephen Jumel and that, having presented @& copy of the paper containing the notige°of the on the check, But Chase never told them whether that piach was given him in derision or otherwise, Counsel charged My. Chase with quartering himself upon Madame Jumel—with wickedly conspiring against this property, with being a8 intent on that object as a hawk sitting on his perch, with examining and ransacking Ma- dame’s private papers when be Knew that she did not wish him to examine them, Counsel farther stated that Mr. Chase was no relative whatever of Madame Jumel, who had been trying to get rid of him, and he constan rying to atiach himsell_ to her. The Jones family were exciuded from the mansion by Mr. Chase until the will of Madame Ju- mel was read; then they were — invited there, and Chase began ‘to get up a false ttle. It was @ rotten conspiracy. For $40,000 the Joneses sola their title. It was charged that Madame Jumel was incompetent tv make w will; but rather than stand tne contest Mr. Chase paid $84,000 to compromise the suit. He (Mr. Chat- field) alleged that the Joneses were in no way re- lated to Madame Jumel, and that the conauctef Chase showed that he knew that tact. He further charged that shortly atter Mr. Chase married Mar: | Jumel he knew that Madame Jumcl had an illegiti- | mate son, There was no direct evidence of tnat, but it was to be ascertained inferentially, Chase in 1866 went to Rhode Island, For wh | he go to Rhode Island? ‘To look after the ‘8 of Madame Jumel, though Mr. Chase stated ; that he did not go there for that purpose. In tae opening statement of Mr, O’Conor there was an admission that in Providence com- mon repute held G. W. Bowen to be an illegitimate person, and Chase, if he liked, could have ascer- tained that. Mr. Chatfleld argued that the nou- production of the de bene esse depositions in the will suit, and which depositions had been taken from the tiles of the County Clerk’s oitice, and were hot now to be found, should be presumed against the despoiler on the ground that the trnth would | have operated against him. If G. W. Bowen had | said to Mr. Devine that le did not know Betsy Bowen was his mother, very likely he said it under the same circumstances that aay man would have | said it. Very naturally, he did not lke to state | to a stranger that he was a person of illegitimate birth, Was it true that, after Mr, Chase auld he went to Mrs. Vanderv prs to find out about G. W. Bowen he never utt 4 Word in reply to Mra. Vandervoort'sremark, “What is tie use Of gearch- ing for heirs when there is G. W. Bowen, the ille- gitimate son of Madame Jumely* Chase had fol- lowed this estate for foriy years and he was seek- ing to get thie property, worth $6,000,000, on his own oath, He (Mr. Chatiicld) denied that Stephen Jumel ever a gas Mary Jume! as his daughter, bac he acmitved that she was the adopted daugh- ter of Madame Jumel, Counsel argued as to the the effect of the trust deeds setiling the estate upon Mary Jumel and her heirs, The plaintifealled a number of witnesses to prove the declarations of Madame Jumel a8 to the birth of a son; but thls lestiiuony Was ruled out on the objection of the deendant. Tu observing upon that he might say | people are not very apt te object to evidence that | Uivy did rot believe existed. ie (Mr. Chattleld) alleged Uiat Madame Jumel, before ber marriage, had changed her name, and the #on of that was | beevuse she Was a loose Woinan, Kept as a mistress by some man, He might reunirk that it was a common practice for abandoned women to go un | der assumed names, as burgiars’ and thieves did, | Having commented on the evidence of the wit- nesses for the plaintilt, who bad testified! to declara- “ons of Madame Jumel that the Chases were hot at all related to her and that ahe wanted to get rid of them, counsel said there was @ room in the Jnmel mansion calied the “Washidyton Koom,” and suis Was because Madame Jumel bad marriage to Mr. Jumel, the latter gave him a pinch | #s0n whom ashe ealled after George Washt such was her admiration of that man. I was on the other side, that the non-recogni- tien tiff by Madame Jumel, and his non- renounition of her, overthrew all the evidence that could be adduced by the plaintif. Madame Jumel was @ vain, fashionable, ambitious woman, and she would not wish to throw a bar-sipister across her career by admitting that she was the mother of an illegitimate child. Why ° Bowen make himself “known Jumelf Because he had been turned into the world independent for himself. He was doing well enough; he had become a respectable grocer, able to support himself and his rernil. He was able tosuppert himself, He said to h maself, “If my mother is not willing to recocgnize me—if she has deserted me in my youth—I am not willing to recognize her.” fle (Mr, Chatfleld) had no doubt that if Mr. Nelson Chase had permitted them to Peruse what was written in the papers of Madame umel it would have enabled them to see, under Madame’s own hand, that G. W. Bowen was her son, ‘The suppression of evidence was enough to entitle the plaintiff Lo claim everything in respect of it that was consistent with the case, Mr. Chatfield defended the conduct of Mr, Gideon J. Tucker in the management of this sult, urging that there was no ground for saying that he had been guilty of the abominable crime of subornation of perjury, This case was to be determined according to the judgment and conscience of the jury. It there was any question of law governing the title of course that was a matter for the Court. If the deeds conveyed a Utle or estopped Madame Jumel trom transterring the estate, so that it should pass to Mrs, Chase, and in case of her death to her children, it did not matter whether the plaintiff etood in the posi- tion of heir or not. That was a question of law, and if the Court believed that to be the effect of the paper the Judge would eharge them to find a verdict for ‘the defendant , Without troubling them with the fact whether the Renee was the son of Madamé Jume! or not. Vounsel contended that the trust did not con- template the power of limit or appointment to take etfect ater death, Madame Juinel could make no such appointment, It would be testamentary in its character, The only mode of disposing of real @ by a person living, to take effect after death, was by will, No person except Eliza Jumel! had any rights under the trust, No pers could Kay & Wo to her that she should reveke use there was an entire want of vould enable another to say a word, airs. Chase was the donor under the trust. She reserved no rights to herseli, and Madame Jumel had power of sale, Mr, O’Conor said she had no power of sale, but she had a power of appointment, he appoint- ment took effect after it was made, ‘The trust did not contain a power of sale, and no power except @ power to appoint, Mr, G’Conor submitted to the Court the tollowing passage from the deed of ap- pointinent :— I, the said Eliza Brown Jumel, fo hereby order, direct, lunitand appoint that immediately aiter my decease the said Michacl Workineister ov bis heirs convey all and sin- gular the said above described premises to such person OF persons and to such uses and prirposes as ly the suid Kliza Brown Jumel, shall, by my last will and testament, under my band and executed in the presence of two oF More witnesses, designate and appoint; and for want. the: then ‘that he convey the same to my husband, Stephen Jumel, case he be then living, tor and during his natural life, subject to an an- nuity to be charged thereon during his said natural lite of $000, payable to Mary Jumel Bowues, and after the ath of iy sald hush dei sband, or in case he shall not survive me, th unediately after my own death then to her, the sald Jumrel Bownes and her heirs in fee. The defendant's counsel relies on the above passage in Madame Jumel’s deed of appointment Ag cutting ot all claim of the plaintiff, Bowen, whether legitimate or illegitimate, to fue posege slon of the estate now in litigation; and if Judge Sbipman should be of that opinion he may direct the jury to flud a verdict for Mr, Chase, the de- fendant. The Court adjourned until this morning, when Judge Shipman will deliver his eharge to the jury. IN A MESS AND MORE, TCO. san PE toe A Clergyman Who Does Not Quite Know Whether He Is a Minister or Not—He Docs Know that He Forged His Wife's Signature and Confesses Ii—His Case Sent to the District Attorney To Be Laid Before the Grand Jury. James M, Ferguson in his lifetime obtained a policy of insurance for $2,000 on his life, This policy was made tn fayor of hisdaughter, Mrs. Jennie E. Messmore, Shortly atter procuring the policy he effected a loan of $1,000 upon it from Abraham P, Black, giving the latter the policy as security. After the death of Mr. Ferguson the daughter asked Mr. Black for the pohcy, alter payment of the money advanced by him and dues, but he refused togive it up, claiming that he held it as further collateral security for payment of rent of house occupied by herself and husband. She insisted that the policy was never given as such security, and brought suit to compel ita restoration to her. ‘The case came up for trial yesterday belore Judge Van Brunt, holding Supreme Court, Special Term. It occupied only for a brief time the attention of the Court, but some of the tacts developed were of rather startling character, On behalf of the de- fendant was submitted a written agreement bear- Ing the signatures of Mrs, Messmore and John F. Messmore, her husband, in which the policy was made secnrity for rent of the house they occupied. Mrs, Meesmore declared that she never signed the agreoment. Upon this point Mr. Messmore was called a8 @ Wilness and the document shown to him. He coniessed to his own signature, “Did you write your wile’s namey? Judge Van Brunt asked him, “appearing under your signa- ture?” “It is not my writing,’ answered the witness promptly. “Task you again,” pursued the Judge, “did you or did you hot write your wife’s name as it appears here #7 “W-e-ll, did write 1t,”” slowly drawied out the witness, “Where did you write it?” “In a liquor saloon,” “Thav’s enough on that point,” quickly spoke np the Judge; “1 shail send your case to the District Attorney.” On his cross-examination the case of the witness ‘was not very materially helped. “Have you ever been @ minister of the gospel 7” asked the lawyer. “IT don’t know whether I have been or not,” ro- plied Mr, Messmore; “my father was @ minister and I have two or three brothers who are minis- ters.”? “Have you ever Vidal yoursel{?”’ pointedly persisted the counsel. “Lhave,”’ was the answer, Altogether, as will be seen, it was rather a queer case. As to the suit itselt the Judge reserved his decision. “Messmore must have been mesmerized,” said a Jawyer of punning prociivities, “or he would not have given the testimony he did.” BUSINESS IN THE OTHER COURTS, oon SUPERIOR COURT—TAIAL TERM. the Paintul Remimiscences of Black Friday, Before Judge Monell. Amelia E, Wicks vs, Waiter 'T. Hatch et al.—This Was @ sult growing out of stock transactions on the ever-memorable Black Friday, ‘The plaintiif claimed that she had some sixty thousand dollars on interest in the hands of the defendants, and that on asking for tae money she was told that it had been absorbed as @ margin in stock epecuia- tions on her account, and hence the present suit to Soa back her money. On her behalf it was set forth that using the money os a margin wae with- out authority or notice to her. On the other side there was produced a toll edd of attorney to this effect from her husband, The testimony was protonged and conflicting, and resuited finally ina verdict for $1,875 for the defendants, with $600 extra allowance, COURT OF GENERAL SESSIONS—PART |, James Cusick, an Eighth Ward Politi- clan, Convicted of Assault and Bat- tery. One cf Before Recorder Hackett. The first case called by Assistant District At- vorney Russell yesterday was an indictment for assault and battery against James Cusick, a well known character among the pothouse politicians of the Eighth ward, Mr. McClelland, the counsel for Cusick, made per- sistent efforts from time to time to postpone the trial of this man; but the Recorder having per- emptorily set down the case (or Wednesday it had to proceed. The counsel stated that he understood that the complainant wished to withdraw the charge. His Honor ordered the jury to be sworn, The complaining witness, Mary Williams, swore that on the morning of the Sist of July last Cusick came into Thomas Larkin’s saloon, corner of Mer- cer and Houston streets, where she was employed, in an intoxicated condition, and not finding tho proprietor in he assaulted her severely, He kicked her in the side, struck her in the breast and treated her brutally, She went into an adjoinin; room and he knocked her on the bed, saying thal he would kill her tf she hallooed. An officer ap- peared soon aiter and arrested Cusick. Mr. McUlelland subjected the witness to a rigid cross-examination, bringing out the tact that she was married six years ago; she was married im Connecticat to a man pamed Williams; that her right dame Was Mary O'Donnell, Meer pea Gable | testified that on the morning in question he heard a woman screaming, and went int the saloon; Cusick was standing on the floor and the woman was inthe adjoining room; he W a little blood on her face, and she looked as if she had been handled roughly; the prisoner looked a8 if he was getting over a drunk, Cusick In his own behats swore that Larkin was an intimate friend, and thas he had Pie to fo round the bar; he was proceeding to do 40 in order to get @ drink, and she insisted upon pre- ing him; all did was to take her by the houlder and carry her tnto the reom; he denied having struck her ix the breast or in any other “in sddressing the jury, was pro- eto Bay that the prosecution grew out of & Political feud, when h¢ was promptly reminded by he Recorder that the Court and Jury had nothing to do with politics in settling the issue before them, The counsel refrained from that line of re- mark and said all that could be spoken for the ac- cased but the evidence was so plain that the jury did not hesitate a moment belore they pro- nounced a verdict of guilty. Mr. Russell informed the Court that he had other indictments for assaults against Cusick, Who was taken into custody urtil tried upon one of these | charges. The conviction of Cusick created a good | deal of consternation among his political cronies, Conviction ef a Receiver of Stolen Goods—The Recorder Sends a Profes- sional “Fence” Man to the State Prison i for Five Years, Isaac Lyons was tried ind convicted of receiving stolen goods, which was an important conviction, | for it is exceedingly diMeilt to detect and punish this class of criminals, who, as a general thing, are very wealthy and able to so conduct their business as to evade the ministers of thelaw. The testimony in this case wasinteresting. It appeared that on the night ofthe 1th of November last the gentlemen’s furnishing store of Charles Burnett, 671 Eighth avenue, was burglariously entered, and $300 worth of silk tles and scarfs taken, Captain McElwaine “worked” tle case up, and from infor- matton received he arrested Lyous on the 2d of December, at a@ lager beer saloon in East Broadway. The accused took him to his house, §4 Market streci, and upon search- ing his apartments a portion oj the proceeds of the purglary was found there, espe- cially one blue searf, which the complainant posi- tively identified. John Henry, a confederate of the burglars, was used by ‘he District Attorney as @ witness, He testified that on the 16th of Novem- ber, while in a saloon in Kast Broadway, he saw Lyons give a bag to a young man named McWory, who, with others, went up town and broke into Mr. Burnett’s place, ‘The stolen property was brought to a lager beer salcou in Kast Broadway. Lyons was sent for and came. Then the bag was taken to @ house opposite the seloon, and after. wards one of the burglars gave him $3: The testimony of the boy made a very: favorable impression upon all who heard it, Witnesses were called by the defence to show that the wife of the prisoner Rarchased. the blue scarf in question at a stand in the Bowery, and several Hebrew merchants testified tothe good character of Lyons, who, it appeared, was & merchant in Texas at one time, and returned to New York 4 couple of years since. The jury, however, were so clearly convinced of his guilt that a verdict of guilty was rendered without leaving their seats. Recorder Hackett sentenced Lyons to five yaars’ imprisonment in the State Prison at hard labor, Temarking that it was rarely that a receiver of stolen goods, who purchased the proceeds of lar- cenies from thieves, could be convicted. A Gang of Rowdies in Harlem Broken Up—Two of the Leaders Sent to the State Prison, Robert Lyttle was tried and found guilty of an assault with a dangerous weapon, with intent to do bodily harm to John Rock, who swore that on the 8th of May last he was followed by a gang of young men near 126th street and Third avenue, and that Lyttle struck him on the head with a large stone, inflicting serious injury upon him, Mr. Russell informed the Court that he had re- table information to the eifect that Lyttle was connected with a gang of rowdies, who were a terror to the residents of Harlem, His Honor sen- tenced Lyttle to the State Prison for five years. James Finn, who was jointly indicted with Lyttle, pleaded guilty to the same offence. The Recorder said that in view ofthe prisoner savin the Conrt the trouble of a trial he would mo the sentence to imprisonment in the State Prison for three years. } COURT OF GENERAL SESSWWNS—PART 2, A Disagrecing Jury. Before Judge Sutherland, Danie) Mullane was tried in this Court yesterday for an assault and battery committed upon Ms, Wiliam O’Toole, Mr. O'Toole was coming along | Elm street, in the middle of the day, when sud denly, without any provocation, he was brutally | assaulted by a man named Lenehan, with whom Mullane ana @ gang of roughs had been drinking in a lager beer saloon. Lenehan was drunk at the time, and the case is so serious against him that he has allowed his bail to be forfeited rather than stand a trial. When Lenehan attacked Toole, however, the latter, who is a heavy, powerful man, gave him better than he sent, and knocked him down. Upon this Mullane interfered, aa he says simply to drag away Lenahan from O'Toole, though several other witnesses of the most unimpeachable character testifled that he actively assaulted the victorious O'Toole, and cruelly beat and maltreated him. In spite of the overwhelming weight of testimony, however, the jury, alter dellberating neariy two hours, founa themselves unable to agree. Eleven of them were for guilty, but the remaining juror stuod firmly out, This would have been unpleasant under any cir- cumstances, but was still inoie 80 in consequence of ove of the jurors having seen him exchange signs with the prisoners friends, It also appeared that Mullane is of some political importance in the down town wards, and holds a sort of place under the Sheriff—that is, he says, he drives the Sherii”s wagon, After the jury returned to Court the so tary disagreoing juror tried to make an explana- tion of his conduct, but was of course silenced | the prisoner’s counsel, It was thought best to see ifan agreeing jury could be found ia tie other part of the Court, and the case was accordingly sent over to be tried to-day before Recorder Hackett. A Convicted Burgiar, John Fitzsimmons, a young man of twenty-one, was tried on @ charge of burglary. On the 15th of | last month OMicer Handy, while patrolling Eighth avenue, saw the prisoner at half-past one and | again at four o’clock in the morning in company with five other men, four of whom were now in custody on acharge of burglary. Noticing some- | | | | | | Phomas, | Rachel also buys at this sale. apparel, was committed in demult of ball to gee Grand Laree: George Brake was charged with stealing a watch and Jewelry valued at $67, the property of Wil- lam Waters, 219 Varick street. The prisoner had taken board at the same house a short time before and decamped after committing the theft. He Was Committed in default of $500 ball to answer. Arr of a Gambl William Parsons was brought up before Justice Ledwith, charged with keeping & gambling house at 233 South Fifth avenue. The complainant was Mrs, Anna Logan, a respectable lady, residing next door, Who stated that her husband had been in- duced to enter the house and had heen robbed of his money, leaving herself and children in a desti-, tute condition. Parsons was held to answer. COURT CALENBARS—THIS DAY, SuPREME CouRT—SPECIAL TERM—Held by Judge Van Brunt.—Demurrer—No. 29. Law and Fact— 8. 88, 101, 108, 125, 130, T31, 136, 117, 188, 42, SUPREME Counr—CincuitT—Part 2—Held by Judge, Barrett.—Case on. SuPREME COURT—GENERAL TERM—Held by Jt s Ingraham and Fancher. 1S. 223, 224, 226, 227,. 4 175, 176, nevis 3 28, 229, 231, 233, 234, 236,, 237, 241, 243, 11, 244, 245, 2 SurREME CourT—CHamBERs—Held by Judge Da- Vi8.—Nos. 34, 57, 59, 61, 62, 63, 64, 65, 66, 68, 69, 74, 142, 151. Cali 152, SUPERION COURT—TRIAL TERM—Part 1—Held b: Judge Monell.—Nos. 2235, 1923, 1921, 1899, 377, 1947, 1058, 1753, 1575, 267, 815, 1945, 1955, 1989, 1831, 1979, 1Z a art ze Held by Judge Van eed 1940, 2 , 1454, 160; 1692, 1504, 1000, 1486, 880, 1290,” Me 262% 24s Court op ComMMON PLBAS—TRIAL TERM.—Part 1—Held by Judge Lee Nos. 1709, 3103, 1835, 1912, 1913, 1850, 1930, 1933, 1939, 45, 1600, 2921, 1820, 1831, 1890, 1543, 1545, 1949, 1951, 1952, Part2—Helmt 741, 1768, 1569, Bt 1941, ® 4, 1946, 1946, ve Lath. i Court OF COMMON PLEAS—KQqurry TeRM—Held by Judge Larremore.—Adjourned to Friday, 2ist: February, 1873, ‘—TRIAL TERM—Part 1--Held by Judge Marine Cov. Joachimsen.—No, 1448, Adjourned for the term for Want of jurors. Part 2—Held by Judge Spaul- ding.—Nos. 8374, 941, 948, 949, 1453, 1670, 1732, 1336,, 1021, 1014, 2084, BROOKLYN COURTS. SUPREME COURT—GENERAL TERM, The Great Jackson Estate Litigation— Reversing the Decision of a Referco— Judge Barnard’s Opinion, Stephen 0. Jackson and Wife ys. Benjamin An- drews,—I cannot cencur with the referee in his disposition of this case, It seems to me that tho case is too plain for doubt. The plaintif owned a large real estate in Brooklyn, He was an old, and, doubtless, a poor business man. He was not ex- travagant, but lacked that foresight which pru- dently adapts his means to the preservation of his property. His taxes and assessments were un- paid, of course. The defendant, Benjamin An- drews, had, tt seems, purchased at the tax sales and taken certificates, for which he patd not mora than $1,000, When the mortgage for the same was given by the plaintiff it was given to George Ga Andrews, brother of Benjamin Andrews, and through Benjamin, who acted as agent for George. A second and a third mortgage are given to George through the same ageucy to cover future advances to be made by George for plaintiit for taxes to be pald and for en- cumbrances tobe paid, It does not appear that George acted under the last two papers. The plain- tft was persuaded by Benjamin to mech An- drews, another brother, a trust deed of ail his lands to pay taxes, assessments and encumbrances, with a view to pay a Sheridan judgment of about four- teen hundred dollars. This was done, The place at which business was done was usually the ofice of John Andrews, an attorney, where Benjamin also occasionaily transacted his business. Johp mortgaged the property to one Cordts for $1,400, and paid the Sheridan judgment. So that now the case stands as tollows:--George Andrews heid a mortgage for $1,000; he had another mortgage for such an amount as Ne should thereaiter pay for taxes and assessments, and @ third paper which extended the second so that it should cover all future advances to the platngi® and all liens and eucumbrances to be paid by him for plaintit®, John Andrews held the title as trustee. Cord(s had @ mortgage given by the trus- tee for $1,400 to pay a judgment. trustee also executed a mortgage to Benjamin Andrews of $5,000 for assessment sales cancelled, which is not proven to have ever been paid or tax sales can- celled by Benjamin Andrews. The narrative then proceeds as follows:—John Andrews, as trustee, selis the entire property at auction, with the titie thus appearing on the record, and the same 18 bought in for $500 by Rachel Andrews, wile of Ben- jamin, Benjamin Andrews, as administrator of forecloses the Cordts mortgage, and Thus papers which had been executed by_ plaintif his confidential friend, Benjamin Andrews, and to the members of the {amily at hia request, and which were to be used for his (plaintiff's) protection, were so used that the property of plaintiff, worth from fifty to eighty thousand dollars, was trans- ferred to the wile of this confidential and trusted friend and agent, and at an expense to this friend of not over seven thousand five hundred dollars, Cordats, if is apparent from the evidence, was John or Benjamin Andvews. Thomas D, Andrews took the McCne and Totten lots for plaintiff, and he was Benjamin Andrews tn both transactions. I cannot concur in the iindings of the referee that plainti(t deeded to Eliza Andrews, Indeed, as to the whole transaction the plaintiffs testimony must be sub- stantially true, The transaction calls for such a conclusion, and he shonid’have the relief asked for in his complaint, The judgment should be re- versed, aud a new trial granted at Special Term | and order of reference vacated, costs to be deter- mined at trial, CITY COLRT. Damages for an Assault. thing suspicious in their conduct the officer kept his eyes a8 wide open as possible, and soon dis- | covered @ light covered wagon on the corner of | ‘Twenty-fourth street and Bighth avenue. One of | the men went up and spoke to the driver and the wagon at once drove off. ‘The officer then crossed over the street, drew bis pistol and attempted the | arrest of the men, The latter, however, at | once ran away, and it was only after | firing twice, and with the assistance of another oficer that he succeeded in securing them, | Soon aiterwards Fitzsimmons, who had some little | while before the arrest leit the main gang, came up to the corner where the arrest bad been made. He, too, Was secured, and denied that he had a pistol when questioned by the officer, A four-barrelled | revolver was, however, found in his pants pocket, | and at the station house @ piece of string Was dis- | covered in his overcoat. As soon as the prisoners were safe at the station house the oficers returned to the corner where they had seen the wagon, | here they soon found that a burglary had bi cominitted upon the premises of Sullivan & Green, | dry goods merchants. An entrance had been | effected, first, through two cellars, and th making @ hole in the floor of the store. Down the cellar were some bags of sroods tled up with string of the same character that had been found | in the coat pocket of Fitzsimmons. Upon this piece of string the case mainly rested, and the jury thought it suficient aud returned a verdict of gulity, The defence made by the prisoner was that he had met the men at twelve o'clock ina restaurant, and had remained there till three o'clock, drink- ing and throwing dice with the boss and waiter of the saloon, The men had left some time before, | and ashe was going home very drunk along the avenue he was arrested. He did not, however, produce any testimony except lis own as to his character. He was sentenced by the Court to hard | Jabor at Sing Sing for tour years. | PLEAS OF GUILTY. | John Mansfield pleaded guilty to an attempt at | grand larceny and was geentenced to two years in | the State Prison, YORKVILLE POLICE COURT. | | | | An Ex-Alcerman Locked Up—Straw Bail No Good. James Corcoran, of the Twenty-first Ward, was arraigned for an alleged assault on Bartholomew | Wall, who wisaed, he said, not to prosecute. Justice Bixby, who was on the bench, threatened to send | the timid Wall to the Island i: he did not, and the complaint was made. Corcoran was committed in default of $1,000 bail to keep the peace, | Ex-Alderman Michael Fay, in whose place at the corner of Thirty-ninth street and Second avenue the assault took place, was then brought up and charged with rescuing, in hgh sm f with others, the person of Corcoran from Officer Pettit, of the Twenty-first precinct. He waived an examination and elected to be tried in the Special Sessious, spt which he was committed in default of 000 all. Two persons, one of whom has fre- | quently been accepted in this Court as bondsman | before, offered to give bail for Fay, but were re- jected because they owned no real estate, A Jeweller in a Pickie, A jeweller named Albert Skronn, of 530 Righth | avenue, Was arrosved on @ charge of purchasing from Dora Arent $375 worth of diamond jewelry | for $53 when he knew it was stolen. He was held for trial, Dora was committed for trial a few days ago on complaint of her emplo; Marcus J, Waid- heimer, of 146 Weat Forty-third street, from whom, it Is alleged, she stoie $525 worth of jewelry. The only portion recovered was that’ found with Skronn. JEFFERSON MATKET POLICE COURT. Barglary. Peter Breckenbridge, a boy, seventeen years of age, residing at 126 West Twenty-filth street, charged with burglary in breaking into the prem- ises of Matnew Foley, 136 West Nineteonth stree t, ond stealing a quantity of brags, lead and wearing | paid Foster to | deciding contest, Betore Judge Thompson. George W. Valentine brought sult against James Sweet to recover $5,000 damages for an assault committed on him in New York avenue on the night of the 2d of January last, Plaintif’ charged that without any provocation whatever Sweet at- tacked him and beat him in the most brutal man- ner, The only defence interposed was that the as- sailant was frenzied by liquor and insults which had Leen offered to his wile in t unknewn parties, Counsellor Pe statement on his belief, and the jury gave plaintist | a verdict of $509 damages. The Story of a Diamond Ring. In March last & young man named Edward Granger died of smalipox at the house of Mr, Denry ©, Foster, corner of Hicks and Cranberry streets, where he lived. It may be remembered that subsequently to this young Granger's father sued Poster for $500, which amount he claimed he nt th oP tient from being re- moved to the licspital Mr. Granger said that Foster represented to him that it would be neces- sary to pay this sum to prevent the health oficers from taking the young man away, Ascertaining that this representation was false Granger brougit that suit, and the jury gave him $250. Yesterday he sued Foster again, this time to ree cover $100, the vaine of a diamond ig that he said belonged to Edward. He claimed that the rng was illegally detained by the defendant. The de- fence is that young Granger presented the ring to Mr. Foster's daughter, with whom he was on very fviendly terms, Miss Foster is'a handsome young woman, about nineteen years of age, The cage is yet om. COURT OF APPEALS CALENDAR. ALBANY, Feb. 19, 1873. Conrt of Appeals (ay calendar for February 20:— Nos, 638, 667, 668, 669, 42, 181, 60, 34, GOCK FIGHTING. New York vs. Long I tles, $560 Each and $300 the Main—Now York Victoriou The old pit “across the river” had another pleas | ant cock-fighting reunion yesterday afternoon, the occasion being the settlement of @ main be- tween veterans in the business hatling from New York and Long Island, The agreement between the parties was that each shonld show fifteca birds, weighing from 4 Ibs, to 6 Ibs. 120%, and fight all that fell in for $50 @ battle and $300 the Eleven couples were matched. The ee throughout was in favor of New York, Whose birds showed muck the better condition and 80 superior were they that at the elghtn fignt victory was awarded to Gotham. The victorious birds were mostly bred abont Utica, N. Y,, while the Long Island fowls were “picked up” for the oc- casion, The following ts a SUMMARY. oy —New Fork Tang Btls. Color. Ox Min Waly 1—Brown-red eevee de Te 2—Red-pyle. oN, ¥ $—Brown-red. iN, Y= 4Brown-red. IND ¥, 5—rown-red. N.Y, bh iL N.Y, N.Y. Won by New York—score 6 to 2 PATAL RAILROAD CASUALTY. Coroner Herrman yesterday examined several witnesses in the case of John Cooney, the young man late a trackman in the employ of the Harlem Railroad Company, who on the 1st instant was run over near Forty-ninth street and Fourth avenue by @ locomotive belon to the The testimony adduced indicates that the was accidental, Deceased lived near the corner ofsixty-second street and Second * ud—Eleven Bat- RET TE a ee +