The New York Herald Newspaper, March 9, 1873, Page 5

NEW YORK HERALD, SUNDAY, MARCH 9, 1873—QUADRUPLE SHEET. SCANNELL. Finale of the Pool Room Tragedy. The Jury Locked Up All Night and Day, but Fail to Agree. ‘THEY ASK INSTRUCTIONS FROM THE COURT. Announcement of Their Disagreement---“ It Is Impossible that We Can Agree.” Reluctance of Judge Brady to Discharge Them. Eight for Conviction and Four for Acquittal. Seenes in Court — Interviews with the Jurors. The Scannell trial is at last conclided, resulting. in the disagreement of the jury. The case occu- pied the Court of Oyer and Terminer for some three weeks, tour days being consumed in obtaining a jury, The testimony for the proseztion was brief, while that for the defence, confineu principally to medical testimony, was very protravyed, occupying @ great portion of the time the trial lasted. It will be remembered, in connection with the case, that onthe evening of the 2d ef November last a pol- ‘tical pool was being held on the eve of the then pemiing election at Johnson’s pool room, corner of @wenty-eighth street and Broadway, in @ base- ment under Apollo Hall. A deadly feeling of pas- sion and hatred had for a considerabie time pre- vious to the shooting rankled in the breast of the prisoner, John Scannel}, against his vic- tim on that occasion, Thomas Donohoe, the murderea'man, The pool room was crowded, and ‘many friends of the victim and his murderer were present on the occasion. Scannell had been in the room some time before Donohoe’s entrance, ‘@nd but a few moments ‘elapsed from his appear- yanoe there until the moment that Scannell, en- ‘pountering him, drew a heavy navy revolver and wt once commenced firing at him. The very first ‘discharge ‘of the weapon was the death of Donohoe, although Scannell fired three other shots at him as belay dying on the floor prone at his feet. Scannell was almost immediately arrested, soon after in- @icted ‘and put upon nis trial onan indictment fer mourder in the first degree. The result ofthe trial concluded yesterday is one of those LEGAL FIASCOS to which, unfortunately, this community i8 so tong accustomed, tnat they have come to be looked pon #s the rule and not the exception. Between the failure of juries to convict ana their unanimous ‘Verdicts of guilty—few and far between as they ‘wre-there is, after all, but very little difference ‘and little extra danger to the life of the accused, {tn the one case there is all the chance of a retrial ‘gnd its loopholes ef escape, and on the other the equal certainty that the prisoner will get anew ‘trial through the quips: and quibbles of the very iaw—distorted as it may be in its application—that was framed and intended to punish the evil doer, ‘The defence-of Scannell rested solely amd alone fapon the theory of his irresponsibility for the shooting of Donohoe, and consequently the great- est part of the trial was taken up in the effort upon the part of his counsel to establish this plea, and, on the ‘part of the defence, to subvert the testimony of the doctors in that regard, and to prove his sanity at the time of the commission of the offence. The shooting and the consequent death of the victim of Scannell’s vengeance or of his frenzy was admitted. Upon this, the main pointof the crime itself, very little turned. To prove that, while it was admitted he committed murder, he was irrespensible for the act was, on the part of the defence, the principal point to es- sablish—on the part of the prosecution to contro- vert, How far counsel on either side has succeeded seen in the result. That ‘the defence on the Plea of insanity and the examination of the medi- ‘zal experts to establish it were ably conducted by ‘prisoner's counsel, Mr. W. F. Howe, to whom this (part of the case was entrusted, there is no doubt, and to this and to the ruling of the Court on this particular point the prisoner may consider himself {ndebted for the disagreement of the jury. THE PROCEFDINGS YESTERDAY. The jury having been locked up under close ‘@Mcial surveillance throughout the mght, it was thought that their deliberations would in any event, either of a disagreement ora verdict, be final as regarded their further actren, and great Anterest was manifested as to what conclusion ‘they had arrived at. The court room filled uy .sarly in the morning, the order of Judge Brady to allow just so many of the public as could be prop- erly accommodated having been rigorously, but very considerately to those who came too late carried out. There was consequently no rush at the doors or disturbance inside to mar or disturb the proceedings, but, as throughout the whole of the trial, the greatest quiet and decorum prevailed, The interest which is naturally felt among a Court audience while “waiting for the jury,’ in an important public case, was mani- fested during the pretty long interval between the opening of the doors and the reassembling of the Court after its protracted recess from the previous night, when the jury was ordered to be locked up. Various speculations were indulged in as to the resnit of the nocturnal deliberations of the twelve men who held, as it were, the fate of the prisoner (Scannell) in their hands. The Judge's charge was commented ee very favorably, in- deed, as impartial and just between the people and the prisoner, The status of the jury—fe is in all such cases, there will be found Mr. Oracle, who de- clares that juror No. this and juror No. that is for or against a conviction—was discussed from many standpoints. No. 1, No, 4 and No. 11, designating the jurors as they answered to their names when cailed and sworn in their order, Were set down by these prophetic wise-acres ag sure to stand out for Scannell on the subject of insanity and Up gh alg These three Pa it was confidentiy asserted, had each for Agreed to disagree to any attempt at agreement to ® verdict of guilty. Upon what hypothesis the knowing ones framed their conclusions, or by ‘what inspirations the prophets spoke it would be hard to tell, Other jurors were in the same man- nor selected as likely te be in favor ef a verdict of guilty, but there were hardly a dozen people in the irt room that expected anything else but a dis- seeeeny @ discharge and the end of trial No. 1 for Scannell. So far as a disagreement of the Jury “was predicted, general opinion on that point was once more correct. It has become a settled con- viction in the public mind, founded on the result of late criminal trials, that noman can be con- victed of murder that fas the means to fee lawyers to defend him and medicai experts to swear that the murderer was insane, or ina paroxysm, or in @ frenzy, or laboring under a hallucination, or a delusion, or an illusion at the time he, with “malice aforethought and instigated by the devil,” shot to the death his enemy “or any other man” against coon he owed momentary spite or grudge or te. THE COURT REASSEMBLES, At twenty minutes to eleven o'clock Judge Brady entered the court room and took his seat on the bench. District Attorney Phelps, Mr. Allen, Mr. Rollins and Mr. Russell, his aseociates, were pres- ent, while Mr, Beach, Mr. Howe and Mr. Spencer quickly followed. Then entered the prisoner, his Wie, mother, sister and his relatives, who at once Sook the seats specially allotted to them tnrough- ‘out the trial THE JUKY IN COURT—THEY ASK FOR INSTRUCTIONS, At a nod from the occupant of the judgment seat Mr, Valentine, head crier of the Court, quietly dis- @ppeared, but not unobserved, and the whisper Went at once round that the jury were sent for. In @ lew moments thereafter the door of the Clerk’s Foom opened and the leading file of the jurymen was seen pareueine. In @ short time hg, e e— Wi 91 the audience ‘ere in their seata. The eyes at nothing Woked like men who had spent a fruitiess night following & “Will-o’-the Wisp,” which had eluded sheir grasp, and had nothing te show for ali the troubie that had been — taken, And ali the labor thay kas been expended in ex- tions of wil was dead in of ajury, and the audience were hushed into deep silence, awaiting the brief question that was to draw briefer answer, fraught, nevertheless, with terrible interest to the trem- bling prisoner at tne bar. As the jurors took their scats Judge Brady di- rected an earnest gaze upon them for a moment and then turned and nodded to Mr, Sparks, the Clerk of the Court, Mr. Sparks immediately rose and called the names of the jurors. All answered. Judge Brady—Gentlemen of the Jury, I have re- ceived a letter from you requesting me to repeat that portion of my charge which related to insanity in its legal aspect. I will state exactly what I sai yesterday. It is as follows:— A man is. by the law of this State, responsible for hi acts when he knows what he isdompeimcopuuve ot dist tinguishing right from wrong, understands the conse- quence of his acts, and that it is in violation of the laws. of God and nan. In other words, if the prisoner was in such @ state of mind as to know that the deed was unlaw- jul and morally wrong, he is Fesponalble; otherwise, not. Ifhe was incapable of distinguishing between right and wrong—did not know that the act he was committing was unlawful and morally wropg—you cannot convict hin of murder. . He further said that if the mind of the prisoner Was diseased to such an extent at the time that he was unable to control his acts, and did it in a fit of Srenzy, then he was not responsible. ‘The jury then retired, There was some disappointment felt at this turn of affairs, as it was confidently expected that the jury had come into Court to declare what decision tney had arrived at. Opinions and surmises were again bandied abont ameng the audience, but they were not left long in doubt, as not long after their retirement THE JURY RETURNED INTO COURT and again resumed their seats, Whatever gave rive to the idea it was generally felt that the jury had agreed upen erdict, and, of course, there could a Ol ment in so Short an absence alter recelving the instructions of the Court. It Was am anxious moment for the prisoner, who sat intently gazing upon the jury. His anxiety was deeply shared in by his mother, wife and relatives, who seemed hardly to breathe during the short minute or two before the disagreement was known, THE FOREMAN SPEAKS AND BLUNDERS. Mr. Sparks again called the names of the jury, Ei sake, gentlemen, have you agreed upon your verdic Mr. Dryfas, the forettan—We have. (Sensation.) Mr. Dryfus is here pulled by his coat tails b; Juror No, 2 and wakes up and corrects himself, ani exclaims in @ most bewildered manner, “No—that is we haven't.” (Suppressed laughter.) Mr. Dryfus, ina state of eee perplexity and stammering out in a strong German accent—Your Honor, we havn’t agreed and it is utterly impos- t agree upon a verdict, We sible for this jury stand now Judge Brady—I don’t want to know how you stand. Ihave not the slightest dea of discharging you. Several days have been spent upon this trial and it has been fully investigated ana I do not think the time you have devoted to the discussion of this case has been suMotent to exhaust it. Ido not think, therefore, that it is preper for me to dis- charge you frem ita further consideration and I do mae intend to doit. Therefore you may again re- re. The Foreman (again speaking) —It is honest opinion that if we should remain another fortnight here we could not agree upon & verdict, I am posi- tive of that fact. soaee ios Aap the exercise of the discretion vested in me by the law I think it my duty to keep you together longer.. Ido not mean to discharge a. eke jury then retired once more to their room, where they remained till again called into Cours ata quarter past ten o’clock, . THE JURY IN SBSSION. After the jury had retired the excitement in the Court subsided somewhat, and as it was thegen- eral impression among the spectators that the jury would éisagree, the audience settled dewn to @ conviction that they would have to wait several hours for a decision. It was then half-past eleven o’cleck, and many persons who had been sittin; for days listening to the testimony became tire: and went to dinner, while others shuffled in and out of the court, and stood lounging in the hall- ways and lobbies of the Court House, Scannell, with his wife and mother, sister and younger brothers, remained in the $u reme Court, Cham- bers, talking to each other with trembling anxiety. Scannell seemed to bear up with remarkab| stolidity, or fortitude, whichever quality it might be called. Now and then, however, he would pace up and down, and break ‘out into anervous or muttered exclamation, cleach- ing his fist and acting witha sort of suppressed evergy, betokening the intense turmoil of bis spirit. Willi F. Howe and his associate, little ir, Hummel, seemed to be in very good spirits, and did not hesitate to state that an agreement of the jury was impossible. A large nuinber of per- sons in the audience were friends and acquain- tances of the prisoner, and their anxiety was man- ifested in their demeanor to a very great extent. As the aiternoon waned the Court room became thinned out, and at one time not more than forty persons were present, only two ef whom were women, and these two were present from @ morbid sentiment of curiosity. It was understood that Judge Brady would return at half-past nine o'clock to listen to the verdict of the jury if such a verdict was possible. At half-past tour o’clock the jury were permitted to return to (the Supreme Court, Chambers, where they ate @ hearty dinner, which they spent about thirty-five minutes in discussing. nneil also took seme refreshment, but what he ate was of very slight importance. As the hours neared dusk the large gas chandelier in the court room was diluminated, and the jury were taken back to be locked up again by Mr. Valentine and Captain Dempsey, who them in charge. It 1s said that during the evening the discussion was most intense among the jurymen. The majority of the jurymen were decided in favor of conviction of murderin the first degree, but one or two were afterwards changed by the violent pressure breaght to bear on them. The feur men who stood out for acquittal were Dry- foos, the foreman; Slingerlee, the efeventh juror, Wile, the fourth juror, and Smith, the eighth juror. All the rest, it is understood, were. for conviction on the first count. THE JURY AGAIN IN COURT—THEY ARE DISCHARGED, At a quarter-past ten o’clock Judge Brady again entered the Court and took his seat upon the bench. Mr. Lyons, Assistant District Attorney, rep- resented the people, and Mr. W. F. Howe was pres- ent on behaif of the prisoner. Scannell, in charge of Deputy Shieids and other officers, vook his usual seat. There was a solemn silence in the court room as the jury, after their leng sitting in deliber- ation on the life of a fellew being, once more filed In and took their seats. Mr. Valentine called the roll, and ali answering to their names, the usual question was once more ut. “! Clerk—Gentlemen of the jury, have you agreed upon your verdict? The foreman, rising, said:—Your Honor, I wish to say that it is impossiple for the jury to agree upon a verdict. ‘The Court—Are there no more certain signs of your agreeing than when you came in this morn- ing? Tne Foreman—No. On the last ballot—— The Court—You need not tell me about the ballot, I want to know if you are nearer to an agreement now than you were this morning? The Foreman—We stand exactly the same, all but one vote. The Court—Gentlemen, it is very essential that there should be am agreement in this case. You have discussed it. no doubt, in all its aspects, and if 1 thought there was no probability of your agreeing I would discharge you at once; but I am not yet satisfied on that peint, and think you May yet agree. This trial has occupied nearly three weeks; the case has been fully and fairly in- vestigated, and there ought to be an agreement among you. This case ought to be disposed of now. Untill am satistied that your convictions are so established that further discussion on the subject will not tend to change them I am unwill- ing to discharge you. But I will put the question to zou and will expect a conscientious response— ave you Rate, discussed the case, and isit impossible to shake your convictions? if this be 8o I will consent to discharge you; but I have put the question to you, and expect a conscientious answer. The seventh juror, rising, said:—We have dis- cussed all the points in the case very fally and care- fully, and it is with great reluctanee ali of us have come to the conclusiem that no agreement and no verdict can be reached. The convictions of the jurors are so fixed that I can state unequivecally that under no circumstances can @ verdict be reached. . Assistant District Attorney Lyons, addressing the Court, said that under the circumstances he did not feel justified in asking on behal! of the people that the jury be required to remain longer. If the statement of Sunk tee was less emphatic and un- equivocal I should ask Your Honor to keep the jury ether for some time longer, As it 1s, of course it is within the discretion of Your Honor, The Court—Gentlemen, it I should remove yeu to & more comfortable room, where you could discuss the case at greater ease, would you be more likely to come to an agreement ? Another Juror—It is impossible, THEY ARE DISCHARGED. The Court—Gentlemen, in the exercise of my discretion I discharge you; butit is with bit & great reluctance I do so, You are, therefore, discharged from further consideration of the case. The jury immediately rose in a body, quickly left the court roem and at once hurried to their several homes. Thus ended the trial of John Scan- nell, like so many others, without the desired re- sult of acquittal or conviction, Interviews with Jarors. Immediately Justice Brady has discharged the jury the Hrraxp reperter, introducing himself to the sixth juror, asked him as to the proceedings of the jury in their discussion as to the fate of Scannell. The sixth juror said that the discussions of the jury were perfectly quiet, and that there was not the slightest ill-feeling during the entire case—that the jurors, from the beginning of the anit, appeared to have made up their minds as to the degree of guilt of the prisoner, and did not feel inclined to alter their verdict from the beginning, The discuasions throughout were earnest and continued, and Ve they could do was' to state their opinion: listen respect- July to Abe Opinions of owers, Thee was a great deal of fair play about the jury, and they were as willing to listen to single speeches as they were to state their own, but there seemed to be a deter- mination about all that was as surprising as it was novel—a determination to which none would give ry. in spite of all the Ureeyetid that was brought to bear upon them by those who differed in opinion from them. There was @ long-continued discussion and brought about no result. When Justice Brady locked them up a second time they felt bad about it, because they knew even at that time that NO DECISIVE RESULT could be come to in any case, Mr. Terry further stated to the reporter that not oy he, but all the jurymen, were so exhausted by their ceaseless discussions that they would be un- willing to bear any long questioning upon their se- eret deliberations, The A ea? of the HERALD subsequently inter- viewed Mr. J. C, Wells, the third ison as to the discussion which had taken place in the jury room, Mr. Wells expressed O ogctiy willingness to reveal all that occurred in the jury room. “You wili then teil me,” said the HERALD re- Tr, “how the jury stood,” ~ : Peter tain ly,’? ga ahr, Wells, “I have not the slightest objection, When the first baliot took loce the jury stood nine for conviction and three ir acquittal. On this basis, and without the slightest cee we discussed for several hours, Twas convinced from the very first that the opin- jons of the jurors were decided, and it would take no small amount of discussion to remove these “And yet,’’ broke in the HERALD reporter, “It was stated iA Court that there wasa change of one Vote from the time that the first ballot took place.” “Yes,” rejoined Mr. Wells, ‘we did change at three o'clock in the morning When, after repeated discussions and canvassing, more than a dozen times the particular views of each juror were brought out. At that time one of the jurors ex- pressed his intention of shanging his vote. We ra sinee eight for conviction to four for ac- jul “Will you tell me,’ asked the HeRALD reporter, le name of this changeable juryman?”’ “I do not care to,” said Mr. Wella; “this I con- sider one of the secrets of the jury room,” “And after this,” further inquired the HERALD reporter, “was there any change?’ ‘No,”’ said Mr. Wells. From that time forward, in spite of all we could do, and in spite of the REALLY HONEST EFFORTS we made to come to some decision, the jury stood as I have said, eight to four.’? “And were the deliberations éntirely quiet?” )”? answered Mr, Wells, “they were. Not- withstanding the decided differences of opinion which existed, the jurors were quite gentlemanly to one another and made no attempt to coerce one ‘another by strong talk. On the contrary, each man seemed to feel an innate respect for the opin- fons of the others,” “How did you pass the night ?? “Badly enough, Heaven knows,’’ said Mr. Wells, “None of us had any sieep, in spite of the etforts of several of the jurymen to obtain it. Many of them laid about, while others of the most obdurate Sat up discussing the question, which they could Not settle to one another's satisfaction. As to my- self, I should have been willing to have been locked up a week if I thought that anything could be settled by it, But no; on this jury we Happened to have tlemen who had eopinions ef their own, and would not be brought over by any amount of argument.” “T presume you think, then,” said the HERALD ingen | “that Judge Brady ala right in discharg- ing the jury?” “Yes, [think so, seeing that nothing would be canst by keeping them together longer, Judge rady seems to be a man Who would never dis- charge a jury so long as there was any chance of their coming to a decision.” “What do think of the trial as a whole?” “I think it was a well-argued trial, in which great ability was brought to bear on both sides; but Ido not think that THE SPEECHES OF THR COUNSEL in the slightest degree influenced thé convictions of the jurymen. I have no doubt that the insanity uestion was the turning point of the case, and that those who stood for the prisoner were mainly i elo! by the testimony of the medical ex- “Were you influenced by this, Mr. Wells?” “1 de not care to say what I was influenced by; nor do I care to ey how Istood. It is quite suff- cient for me to believe that every man on the jury did honestly think as he voted. “Not one of us but ih {ome Teasons for the manner in which he voted. Mr. Wells, who had several friends with him, had by this time reached the bottom of the Court House steps, and said in conclusion:—I am physically and mentally exhausted; but if I did know any- thing more but what I have given you ofthe jury's doings I should do 80,’ THE CASE OF FOSTER, THE CAR HOOK MURDERER. Shall the “Milk Sick” Sentiment of a Few Moral Cowards Come Between Justice and One Million Citizens? New York, March’, 1873, To Tax EpiTor or THE HERALD :— ‘ Imake no extravagant assertion when I state that the position which your ably conducted paper assumes in the “Foster case” meets.a responsive throb in the bosoms of a large majority of the in- nabitants of this city, and that you are entitled to the warmest thanks for affording an outlet to the convictions of thousands of law-abiding citizens who have antil now kept out of public print. I have had the utmost confidence in the firmness: of our Governor, who in time of war penned those immortal words, “If any man attempts ‘to haul down the American flag shoot him on the spot,” and that the one that then stood by his country and struck terror to the hearts of evil doers will now in time of peace be found as firm and unyielding in maintaining the cause of his neighbors and fellow citizens in this matter, one which so plainly indl- cates that his duty should notin the least be com- promised by this weak and dangerous sentiment of “tempering justice with mercy.” That he has a proper ceoteen aes of this momentous subject none that are familiar with his past acts can doubt, and we will indulge in the well-founded hope that Governor Dix will not do an act that will cause the people to regret having placed him in the high and responsible position he ane. Execute the Law As It Is, New York, March 8, 1873, To THE EpITor OF THE HERALD:— Ihave read with pleasure your straightforward and self-commending editorials in yesterday's HERALD on the Foster case. I am opposed to capital punishment—do not believe in it or its efi- cacy—but so long as a law remains on the statute book I say it should be carried out or immediately erased therefrom. It is said that Foster had no intention of killing Mr. Putnam. It might with equal truth and more justice be said that the poor devil of a wretch who had been brought up in crime and abject poverty and shut out from all the benefits of an education to teach him the dit- ference between right and wrong, but who was so unfortunately prophetic as to remark that ‘‘Hang- ing is played out in New York,” Jack Reynolds, had no intention of killing his victim, When I com- pare the two cases of Foster and Reynolds, I feel compelled to say that if the former escapes the gallows—and I feel sorrow and pity for him, so that if my feelings alone spoke and the power I would commute his sentence—then Jack Keynolds was murdered, PERCY VERE LEARNEVER, Project of a Direct Appeal from the Law Abiding Community. New York, March 8, 1873, TO THE EDITOR OF THE HERALD:— The position taken by you in the Foster case has made very many friends for you—firmer and more steadfast friends. Will you allow me to make a suggestion, which, if made by you in your way of “putting things,” will cause such an action as will astonish our hesitating Governor? The suggestion springs from an action just finished in a publishing establishment, Four of its occupants (out of five) have signed a petition and sent it to the Governor, praying that he will not interfere in cases that have been as conclusively and thoroughly set tled by due process of law as that of “Foster, the car hook murderer.” It occurs tome that if you will make an editorial appeal to tne law-ioving citizens of this city to at once write (or you might give them a form for it) to the Governor, getting their neighbors to sign if possible, but boat | their own names at once, a short but pointe appeal for justice, there would be such a food of letters poured upon His Excellency as would de- tmine him to give us a taste of law for once. ‘ou can do this, and you can prove once more the werful influence which an independent, law- loving journal exerts over the people. This man- her o! seeking to control executive action in favor of law and justice 1s, perhaps, new—it will cer- tainly seem novel to many—but yeu can influence it, and probably you only. Hoping that will take the matter in hand, I am, very tru, E,W. What Moral Me Will be Forced to Do, New Yor«, March 8, 1873, To THE EDITOR OF THE HERALD :— Will you permit me to add my meed of praise to the course of the New York HERALD in regard to Fos- ter, the murderer, and to say that if he escapes the galiows, the State thereby gives license to the roughs of tins city, and their name is legion, to in- sult with impunity, any lady im the cars or else- where, and if perchance she should have a gentle- man escort, and he should resent such insuit, the State authorizes the rowdy to kill, if he so chooses? If he escapes, | shall feel it incumbent upon me to at all times armed, and I assure you that any insult offered to me or mine will be Tesented in @ manner to forestall any violence to myself, But then probably the law which justifies and upholds the rowdy in his violence wil) Visit with severe Beare tia’ the man who protects himaélf, The lawe and legal taleny ali seem to be enlisted in behalf of crime, while the thought of protection to society is entir els ored, Respectfully Yours, 7 SPLINTERS. The Tactics of the Jury Box. * New York, March 7, 1873, To THe EpiToR or THE HERALD:— In an editorial in the HERALD this morning the hanging of Foster is advocated, Although I do not know the condemned man or his friends, I think it would be nothing more than judicial murder to hang him, when taking into consideration that part of the sentence of the jury which convicted aim, viz., “with recommendation to mercy,” for it must be clear that without this proviso the jury would not have agreed on a verdict. If it is true that the jury was assured by one of their number, who pre- sumed to know that with their recommendation to mercy the punishment would be jor liie in the State Prison, was it SUSE more than iraud against Foster on the part of the learned juror thus to de- ceive big associates. Very respectall y |OHN WINTHROP, Money and Means Against the Memory of Jack Reynolds—Novel Points for Criminal Law Reform. New York, March 8, 1873, To THE EprToR OF THE HERALD:— It was the statement of one of our privileged classes, who lately had “greatness thrust upon him” that “hanging was piayed out in New York.” If he had added to this a few words more—to wit, that hanging wes “played out as long as a man had money in New York,” he would have been technically cor- rect. Whois able to name one of the many atro- cious murderers in New York that had means at his command who has paid the just penalty for his crimes? By what right do those who show no mercy crave it? Men who wantonly take life, or execute with their own hands the bloody purpose of revenge are willing to crawl before @ jury and, with perjury and dissimula- tion, deny their guilt in order to prolong their worthless lives. A man is murdered, every insult and ialsehood peated upon his memory to save his murderer, and this is what is called’ justice. In the Case of Foster all the delays that the law allows or that learned counsel can procure in any case have been procured, It is manifest that a great dead of money is being spent to influence public opinion in his behall. Two entire pages in yesterday's Times were devoted to him, In order to prepare the pubtic for a commutation of his sen- tence a reprieve has been granted. Now, the only thing urged in his behalf is that he.did not intend to take the life of Mr. Putnam. Of what importance were his intentions, He struck a murderous blow, and aa to its results he was indifferent. He was a much larger and stronger man than Mr, Putnam, upon whom he made @n unprovoked assault. If he only intended to do him some harm, why did he not use his fist instead of seeking out thia iron bar to break in Mr. Put- mam’s skull. Whether Mr. Putnam lived or died did not interest him, Suppose Foster were to fire @ gun into acrowd and kill Mr. Tyng, would his friends say there was no murder because there ‘Was no intent to take any particular life. Three things are essential for the protection of life and ought now to be adopted: First—Execute murderers when convicted. It seems to be the only thing that they fear. Seconé—Abolish the plea of insanity. Let that question alone be for the consideration of the par- doning power. Thtrd—Embalm the victim of a homichle and bring his body into court on the trial of the indict- mont that he not be forgotten, EDWARD VAN NESS, 141 Broadway. T&row the Blame on the‘Surgeons and Save the Man who Is Not a Rough. New York, March 8, 1873, To THE Eprror OF THE HERALD :— As the HERALD is professedly an independent and impartial paper, I presume you will give me space to say somethiag in epposition to the blood- thirsty spirit, manifested in the several atticles in your Saturday's issue, in regard to the Foster case. I wish to say that no intelligent, fair- minded man, who has made himself fully ac- quainted with all the circumstances connected with the death of Mr. Putnam, can believe that Foster intended to kill him, Foster'is not a rough, as his whole life, up to the night of thie fatal occurrence, fully proves. There 18 every reason to believe, from the testimony of eminent physicians, that the blow given by Foster was not a death blow, and that Put- nem’s death really resulted from the want of proper surgical treatment. There seems to be a spirit of revenge manifested in the articles referred ‘to, very much akin to a thirst for blood, im total disregard of the merits of the case. To say there ig no doubt about Foster’s intention to kill is simply to confess an entire ignorance of the facts in relation to the crime committed. The jury were in doubt, or their recommendation to mercy is a flagrant absurdity. The law requires that there shall be positive fof an intent to kill to justify @ verdict of murder in'the first degree. ‘There is the highest legal autnority for saying that no such roof exists, or was produced on Foster’s trial. t is clear therefore that his execution would be in plain violation ef the law as well as a violation of duty on the part of the Governor of the State. F, FAREWELL TO YATES, Banquet to the Novelist and Herald Re- porter at the Lotus Club Last Even- ing—A Feast of Reason and a Flow of wit. The usual Saturday dinner at the Lotus Ciub, which has grown into being quite a pleasant fear. ture of the literary and artistic world of New York, entertained yesterday evening a special guest in the person of Mr. Edmund Yates. About sixty gentlemen were present, and most of their faces were familiar favorites of the public. Bret Harte, E. C. stedman, Henry Blackburn, Henry M. Stan- ley, Petroleum V. Nasby, W.S. Andrews and Col- onel John Hay were among the number. Alter the dinner, Mr. Reid introduced the guest of the even- ing with a few hamorous valedictory remarks, ex- preasing a hepe, however, thar as the proceeds of “A Bad Lot” had been invested in good Chicago corner lots, we should soon have tke pleasure of seeing Mr. Yates again. Mr. YATES responded as follows :— Mk, PRESIDENT AND GeNTLEMEN—Of all public bodies in this city with whom I have been brought into triendly re- lations the Lotus Club is the one which, had the opportu. nity been offered tome, I should most have wished to give me the farewell banquet, to say to me these words of God-speed. For when my intention of visiting this coun- try was first announced, and while 1 was yet in my own land, the Lotus Club proflered to me its hand ol wel- coming friendship, and on my arrival accorded me a hearty reception and offered me its privileges. know, was an act of graceful hospitality gen tised by this genial Club to in any way known; but when nporary privileges of the use of the Club had, without any solicita- Hon on ny part, been converted into permanent lite membership, and when I see that those whogreeted me as a stranger are gathered round me, after a six months’ ac- uaintance, to take farewell of me as a friend, I think I ave reason to be no little proud, Gentlemen, these past xX months have been tome the most gratifying of m: si whole life. I sball never. forget the heart sinking With which I contemplated the roofs and spires of New York from the Cunard steamer, as we slowly steamed into dock. Thad voluntarily cut away the finks which tor twenty vears had bound me to government employ, and was about to commence a new career among & people to whom I imagined I was a stranger. The first persons to dispel that unpleasant idea were the memberg of this Club. From their first reception of me to the present moment my career in America has been one of tolerably hard work indeed; but of hard work which “has been lightened by the most boundless hospitality, the most constant courtesy, the most delicate yet general appreciation. I came to America in fear and trembling; 1 leave it with feelings of affection and grati- tude. and though I have no doabt that my heart will again sink within me when, on Wednesday next, I stand on the deck of the Calabria ‘and your giorfous city melts into the distance the sensation will be caused by regret of parting from those who have given me their friend- shi and whom I hope speedily to see again. This is all about myselt and you, and J intended that it should be. Some years ago it might have been opportune in me to express & hope that better relations might be cultivated between your country and mine; but I trust in God that there is no*necewity tor that now! Only one word will I say upon this subject. In a friendly article in one of your newspapers this very morning saw myself alluded to as an “intelligent and kindly foreigner.” I am sure I but express the general opinion of my countrymen in saying that we should be ver: Yr in speaking of us you would forego that. word, am convinced that itin le way conveys the warmth’ of fecling and kinship with which the better classes of both countries regard each other. Ifyou will lend your aid to the substitution of some warmer term, If you will in your position of authors. journalists and members of sovicty endeavor to convince the masses of this great Continent that there are Englishinen who can open their mouths without saying “blarsted” and without unnecessarily as- rating their “h ledge myselt to state everywhere in my own country thai my, residence in this I have never been called “old hoxs,’ 1 have never heard the word “tarnation,” and thatI have never yet seen a man whittling a stick. Eo yall { lam Sonreeching the hardest in mm. le re ‘arewell,” word nN word that has been and must be A sound that makes us linger.” Ifind that I cannot quite trust my voice to nutter It, and so for {t would substitute the pieasanter phrase, Au re voir, for your generous recognition of me at the first, and for your continued friendship I return you my deepest ‘and most heartfelt thanks. Mr. Stedman, Mr. Harte, Petroleum V. Nasb; Mr. Stanley and Colonel Hay and others pleasant speeches. Indeed there were speech al) round, and—rather a singular feature in after. dinner gatherings—everybody seemed to have something witty and appropriate to say, ACCIDENT ON THE HUDSON RIVER RAIL- ROAD, Povanxgersiz, N. Y., March 8, 1873, The through freight train bound south on the Hudson River Raiiroad to-night ran into the rear of the Albany way freight and passenger train at Barrytown. Four cars of the latter were thrown from the rails and both tracks obstructed. The up trains are held at Rhinebeck, and the down trains Gee three or four hours belund, Nobody was LANDED PROPERTY. Extremely Heavy Speculations in Up- town Real Estate. THE EAST SIDE REVIEWED. ——_—- Annexation of Westchester Only Can Bring Back Our Lost Population. . THE HELL GATE OBSTRUCTIONS. Sound Steamers To Be Located on the East River. Removing the Institutions from the Islands— New Haven Railroad Oppressions—Exempt- ing Mortgages from Taxation—A League Organized to Fathom the Opposition of Country Members to Passing the Law—Money asa Marketable Ar- ticle—Eastern Boulevard and Harlem River Improve- ments—Appellation of ‘ New Avenues, - Every indication has mar,fested itself ‘that the Spring trade has set in ‘m earnest, and from this time out until the Summer solstice arrives we may expect a thriving a8, well as “driving” business in Treatestate trans4etions generally. The business for the past weGg has been very heavy as far as relates to privete sales, and the prices realized were far beyoud what the most sanguine ever an- ticipated. As the daily sales effected were duly published'‘in the HERALD, it is superfluous to re- peat the same here. This much, however, we must Say, that THE SPECULATIVE SPIRIT IN UPTOWN PROPERTY runs so bigh that the tramsactions have amounted to hundreds of thousands of dellars. The dealings closed during the past week were not Confined to any particular locality. The east side received ag much attention ‘as the western portion of the city, but unimproved property formed the bulk of the trafic. Beyond the southern boundaries of the Central Park, westward, however, the fever of speculation rages most flercely, but the confirmation of the re- port on opening Madison avenue, from 124th street to Harlem River, made yesterday by Judge Fancher, will stimulate sales on this line and greatly enhance the value of landed estates in the vicinity of this projected thoroughfare, The uncertainties and excitements of the years of Presidential elections have usually prejudiced business operations during those periods, and real estate has always felt its due share of DEPRESSING INFLUENCES. On the last occasion the uncertainties were not prolonged, but the excitements continued up to the inauguration. Crédit Mobilier developments at Washington, and city charter schemes between New York and Albany, are not favorable to invest- ing activity, With these out of the way, and the moderated atmosphere of the Spring season, lively times may be expected. ON THE EAST SIDE OF THE CITY there is everything to encourage. The large in- vestment in and improvement of water fronts, for the terminus of the Portchester branch of the New Haven Railroad, at the Harlem River, is supple- mented, as is understood, by the purchase of cer- tain docks and bulkheaas on the East Biver, above Market street, for the landing there of the freight and passengers comp vver uae rou. dah curing of a landing for Yorkville passengers at FEighty-fourth street by the Harlem River Naviga- tion Company, in addition to their recently-acquired landing at 109th street, suggests to their enter- prising rivals of the Morrisania line another land- ing between these two points, at or near 106th street, to accommodate a ates population near that point, whose only practicable transit at present from the lower part of the city is by the horse cars. The bill introduced by Charles Crary, of the Twenty-first district of this city, to effect a real- ization of THE EASTERN BOULEVARD, that has been so long in embryo, has been favora- bly reported by the committee of the Assembly having it in leved 3] and a meeting of citizens and taxpayers of the Twelfth ward 1s called for to-mor- row evening, at Lincoln Hall, in 126th street, be- tween Third and Fourth avenues, to discuss Hell Gate improvements, the Crystal Palace project of the Industrial Exhibition Company on the com- manding site bounded by Third and Fourth ave nues, Ninety-eighth and 102d streets; the “r a nexation”’ (la Texas) of that part of the great metropolis which has spurred inte Westchester county across the Harlem River bridges, and which now lies snugly in its new heme over against Har- lem, Carmansville, Fort Washington and Kings- bridge, with its five miles and more in a direct line of herse railroad, its street lamps and its boulevards; the deepening of the channel and the eneral improvement of the shores of the Harlem ver, and last, last but not least, quick transit. ‘The movement referred to of the Harlem people is understood to be A PRACTICAL PROTEST AGAINST ALL NARROW- MINDEDNESS and misrepresentation concerning public improve- ments affecting the prosperity and social happiness of the whole body of the citizens, and to atin to se- cure the right to be heard of the humblest citizen as against the presumption or arrogance of any self-constituted class. This evidence of a returning interest in municipal development and progress in the popular forum, to the memorabie exclusion of the hitherto all-absorbing political theories maintained by parties and factions for their foreign and selfish designs, is one of the healthy signs of the times in respect to the tuture of THE REAL ESTATE OF THE METRUPOLIS, and of its general business as well. Those en- gaged in promoting @ state Of affairs so satisiac- tory deserve the encouragement and support of all who unselfishiy cherish in their hearts the welfare of the whole community, ‘The Stonington line of Sound steamers bave had the dock at the foot of Twenty-third street, Bast River, set apart for their accommodation by the Dock Commission, and the Chamber of Commerce, at a recent session, adopted @ report made by a com- mittee approving of the removal of all the Sound steamers to the docks on the East River above Corlears Hook. A SUMMARY OF PROMINENT MATTERS affecting east side real estate is incomplete with- out referring to the project for removing the penal and other institutions from the islands in the East River, as broached in the HERALD on the 23d ult. This subject of removal is found, on comparing notes, to be one on which there is a general con- currence of sentiment of its early necessity on the art of those who have given the matter due re- ection, especially in reference to the convicts and smallpox patients. The convicts are regarded as A DANGER AS WELL AS AN EYESORE; the presence of the other unfortunates is a con- tinual menace of pestilence and death. Neither, it is feit, should hover on the confines of a crowded population longer than necessity absolutely re- quires. The jand, moreover, on which these insti- tutions are located is now of enormous and rapidly pros poem BAN patois too valuable for its pres- ent uses. While suggestions vary in regard to its ultimate useful application, preponderance of opinion incliaes to connect it wit! THE FUTURE COMMERCE OF THE PORT when stimulated by the obstructions removed from the Hell Gate channel. In the meantime it ts deemed advisable to stop any further outlays there on construction account for present uses, and the appointment of # commission of practical men, under the AUTHORITY OF THE LEGISLATURE, is deemed advisable, to take the whole subject into consideration, and to report their conciusions in the premises to that body at their session next ensuing. The New York members of the Legisla- ture whose districts are most mearly affected are Daniel F. Tiemann, in the Senate, and Charles Crary and William 8S. Opdyke, in the Assem- bly; and directly opposite to the district of the latter named gentiaman and near toa teeming population, who have already had too good reason to realize the proximity of the pestilence, is the “gmailpox hospitai’’ in question, NEW HAVEN RAILROAD FARE IN WESTCHESTER, Last Wednesday @ delegation of tie weaithiest property Owners and representative men of West- chester county proceeded to Albany to argue be- fore the Railroad Committees of both houses on the subject of extortionate charges by the New York and New Haven Railroad Company in this State in contradistinction tot Connecticut. In the latter this corporation is restricted by a State law to coi- lect only two cents per mile, while south of Port- chester this company exacts fully fifty per cent more, or three cents per mile. We learn, however, that the o.ticers of the company, finding such ener- getic measures on foot to compeh this monopoly to equalize the fares on the re made overtures to the delegation, ana we learn that the terms are to be thirty cents fare to Portchesver, or seventy dollars per annum commat the committee would ‘not invany’ wnwenes interference. This latter, however, 1s only founded upon rumor, and our advice to the Westchester gentlemen is not to trust to the promises ofa railroad corporation, which are as fragile as crusts, but compel this monopoly to respect, Tights property owners ought to and do possess, EXEMPTING MORTGAGES FROM TAXATION, This subject was treated at length in these columns, with the due respect its great importance deserves, at the commencement of the Present legislative session, The bill lias been introduc 5 reported by the committee, and this is the last we pore heard of this great measure. It appears that ne Members from the rural districts are opposing he il, and, if report says truly, on grounds which does little credit to them or their constituencies, jaroughout the country Very little taxation is en- brtgages, conse: 3 real estate alone pay the hee ery the owners of in order to ascertain some fa how this business is managed Inthe ceaniry, league, composed of our wealthiest property own- ers, such as John W. Pirsson, us Clark, James Monteith, John McClave, John T. Daly, Nathaniel Jarvis, Jr.; William A. Seaver, J. Weed ‘Bell, Philip G. Weaver, William C. ‘Traphagen, James Rufus Smith, John B, Dye, Dr. Thomas Manson, Dr. David Parsons Holton, Thomas A, Vyse, Jr.,’ President Ninth National Bank, and numerous other promi- nent real estate owners, lawyers and merchants, has been formed for the murnoee of looking into the records throughout the State and com: pelling the equalization of taxation on mortgages, 80 that country capitalists will be subject to the same laws as are applied to this city. THE USURY LAW,” which Governor Dix in his message recommended to be abolished, likewise hangs fire, but there is some hope thaé the bill will yet pass before the ses- sion is over. Every argument that could be brought in its favor has been forwarded, and its speedy enactment would greatly improve business in general all over tne State. ‘The members from. the farming districts oppose this act on the prin— ciple that the: proverbial seven per cent per an- num is ail money is worth; and so it is in farm life, but in a whirlpool of activity like New York a is sometimes cheap at so much per diem. Money, like merchandise, must be regulated by supply and demand, and, like water, finds its own level. BASTERN BOULEVARD AND HARLEM RIVER IMPROVE- MENT. While improvements on the west side of the city north of 156th street have been very properly pro, gressed during the past year, the easterly side of the island, especially tae important section lying between the Tenth avenue and the Harlem River, has not received that consideration which its posi- tion requires. The easterly Boulevard, in par- ticular, running from 165th street at Ninth avenue to its junction with the Tenth avenue at Dyckman Street, begins to claim the attention of those in charge of our city improvements. THIS GRAND DRIVB runs for its entire length along the brow of the lofty wooded heights that skirt the shore of the Harlem River, and from its fine situation and the splendid view afforded along its route is scarcely surpassed even by the west side Boulevard. It is also the only drive of any consequence east of the Kingsbridge road, and connecting as it does the lower part of the city with the new bes, fe Bridge Park (of which it is the westerly boundary), and terminating close to the entrance of the new NATIONAL GUARD PARADE GKOUND, it certainly should be speedily opened and inn proved to give convenient access to these great public resorts, Especially as it is the only direct road from the lower part of the city to the upper Tenth avenue (which it enters at its northerly ter- minus), and since it joins at the same point with the broad and spacious avenue (Dyckman street) which will connect it with Kingsbridge road and the Western Boulevard, it 1s greatly needed to complete the cl it of the Grand Drive around the entire nEpet end of the island. As proceedings are now under way for the opening of the other streets and roads we have mentioned, certainly this last Hak in the grand chain of drives that will soon cir- cle the tairest portion of our city should not be neglected, Another point in relation to the east- erly side of the island also demands tne public at- tention. The prospect of the opening up to com- merce of the East River by the speedy removal of THE HELL GATE OBSTRUCTIONS brings more than ever into view tne necessity for some means of improvement in the navigation of the Harlem River. Though this question has been under consideration for some years by the depart- ment in charge of laying out the upper part of the city, and while various modes of communication under or across the river have been projected, no practical plan of operation seems to have been de- termined on as regards this most important sub- ject. The importance to our commerce of the great saving in time which the * OPENING OF THE HARLEM RIVER would afford to vessels entering our harbor through the Sound is in itself a proof of the great necessity which exists for the dredzing, widening and straightening of the river, and the construc- tion of a ship canal across the extreme upper end of the island to connect with the Hudson River, In this connection also the low lands lying along the Harlem shore, from Sherman’s Creek to Kingsbridge, would afford very im- portant locations for docks, wharves and the various attendant lumber and repair yards that accompany a resort of shipping. ‘The great devel- opment of the upper and eastern portion of the yve¥ird Will_be occasioned by opening up its accelerated by the great additional facilities which # proper improvement of the Harlem River would afford, APPELLATION OF NEW AVENUES, Another meeting of gwest side property owners was held yesterday afternoon, at the office ov Mr, John McClave, with Mr. James Monteith presiting and Dr. Thomas Manson acting as secretary. Suggestions were made to designate the ney avenues mentioned herewith by the names pre osed, and invite owners of property on the severa ines of these streets to come forward and petitions to t Common Council therefor, an also meet with the organization at the same place on Friday, the 14th inst. The new avenue running between Broadway Boulevard and Riverside Park, extending from 116th to 127th street, to be known as “Claremont avenue.” ‘The new (Northern) Boulevard, the survey ana assessment of which have just been completed, run- ming trom 157th street through Washington Heights and Kingsbridge road to Inwood street, to*be known as “Palisade avenue.” Broadway Boulevard, from Fifty-ninth street to its intersection with Kingsbridge road, to the end of the island, to retain the old name, but be sub- ject to alteration by the majority of the property owners. PRIVATE SALES. The following private sales were reported to uy yesterday :— oe F. ZITTRL, By 4 14 story b. 8, house, 20x50x90, on 60th st., 25 ft. e. of Lexington ay... . oe se 1 Sstory b, s. house, 20x50x%5, on “Lexington av. ft. n. Of 62d st. 1 4 story b. s. hou Madison # 5 3story brick dwellings, n. s. 5th st., between avs. CandD... * 5 full lots, n. s. 99th st, WM. H. RAYNOR, THROUGH DANIEL Slots n. & of 55th st and 8 lotes, 8. 56th st., 100 ft. Madison ay, and 100 ft. w. of 4th ay., all full lots, gach; to be smproved upon immediately with first-class houses. Also 5 lots w. #, of New av, (first w. of 8th ay.), between 148th and 149th sts., for $7,000, AN ATROOIOUS MURDER. A Young Girl Shot Dead by a Youth of Eighteen—Her Failure to Answer a Letter the Provocation—The Murderer Still at Large. SALISBURY, Md., March 8, 1873. On Friday afternoon George Hall, aged eighteen, shot dead Amelia Spockley, aged fourteen, while on her way home from school in company with other children. Hall was courting Amelia, and had written hera letter, which she had failed to an- sSwer, saying she had not had time. It is reported that he had jaid in wait the previous day, but Ame- lia being accompanied by her brother the deed was deferred. Both belong to respectable families living near Salisbury. The murderer is still at large, but an active pursuit is being kept @ MURDER OF A WEALTHY PLANTER, His Body Found in a River, with a Pis- tol Ball in the Sku Memruts, Tenn., March 8, 1873, The body of a man has been found in the river at Iberville, La,, with a pistol ball in theskull, From papers found on the body it is supposed to be the remains of a wealthy planter, named Dan. D, Goree, of Auburn, Ark., who was last seen in the company of two rough-looking persons in December last, Goree had a iarge sum of money in his possession, and was probably murdered and thrown into the river. A CURIOUS SUICIDE. A Supposed Murderer Throws Himeelt Before a Train and is Killed, CRISFIELD, Md., March 8, 1873. A freight train bound South to-night run over and killed &@ man supposed to be the murderer of the girl Emilia Spockley, who was murdered yes- terday near Salisbury, ‘The train was running at the rate of twenty miles an hour, out and threw himseif on the track, DEATH IN A CHURCH. PHILADELPHIA, March 8, 1873. Captain Timothy Rogers, aged seventy-nine years, the Surveyor of the Board of Underwriters, fell dead in the Tenth Baptist church laat evening at the conclusion of the services, causing intense sensation among the congregation, of which he Was @ prominent member. SEIZURE OF THE NEW YORK OBNTRAL PROP. ERTY FOR NON-PAYMENT OF TAX, ALBANY, N. Y., March 8, 1873, ‘The United States Collector to-day selzed the New York Central Railroad property at West Al- bany for non-payment of the revenue tax, amount ing to $400,720. The man ran