The New York Herald Newspaper, March 13, 1873, Page 4

4 THE CORDES-DANN HOMICIDE. Apother Murder Trial—The Circumstances of the Case—Swearing In of a Jury—Ten Jurors Obtained. HAVE WE ANY CITY ORDINANCES? Aotion Against a Qity Railroad Oompany— How Legislation Is Blundered Over at Albany—The (ity Fathors in a Fog— An Important Question of Law. —_—>+————_ BUSINESS IN THE OTHER COURTS, ‘The Criminal Term of the United States Circuit Court for March commenced yesterday before Judge Benedict. Nothing was done beyond calling the calendar and setting down days for trial. The Grand Jury willbe sworn on Monday next. The Court adjourned till this morning. Jonathan E. Brown, who is alleged to be under indictment at Bridgeport, Conn., for robbing the Post OMice of that place of $2,000, and is charged with having run away, was brought before Com- missioner Botts yesterday, and held for examina- tion. In the United States District Court yesterday eleven packages of whiskey, seized at 796 Wash- ington street en the ground of having been Ulicitly distilled, were condemned by default, no claimant appearing for the property, In the triai of Charles Cordes for the murder of John Dann but slow progress was made yesterday in the Court of Oyer and Terminer. Out ofa panel of 100 only ten jurors were obtained. An extra panel was ordered for to-day, from which to make up the needed complement of jurymen. An important question as to whether we have any city ordinances at present was raised in a sult tried yesterday before Judge Sedgwick, of the Su- perior Court. The Judge ruied that all city ordi- @ances passed prior to the charter of 1870 were Swept out of existence by that charter. A report ‘of the case will be found elsewhere. THE CORDES-DANN HOMICIDE. fen Jurors Only Obtained from a Panci of One Hundred—Another Panel Or- dered for To-Day. On the reconvening of the Court of Oyer and Ter- miner yesterday morning, Judge Brady on the bench, there was the usual large crowd in attendance: Charles Cordes, indicted for the murder of John | Dann, was placed at the bar for trial. He isa young man of quite prepossessmg appearance. THE FACTS OF THE HOMICIDE. The papers in the case show that on the 26th of tast October Cordes was in the lager beer saloon of Antoine Miller, at No. 179 Duane street. There was quite @ crowd in there at the time, and the conversation turned upon the Franco-Prus- sian war, and particularly a3 to the rela- tive bravery of the Prussian and Bavarian soldiers. Aman named Hank applied an approbrious epithet to Cordes and the twe got intoan altercation. John Dann, the uncle of Hank, interfered, and there_ upon Cordes scized a bread knife and, bringing it down with great violence upon the raised arm of | Dann, hit him on the wrist, nearly severing it In | two. The injured man was taken to the hospital, and at the end of about two months died, Mr. Wilham F, Howe, aided by Abe H. Hummell, ap- peared to deiend Cordes, while for the presecution there appeared Assistant District Attorneys Lyons end Russell. GETTING A JURY. It was supposed that there would be no dim- culty in retting a jury, and especially as the case was one that never had excited any special degree of public interest. This proved to be a mistake. A pane of 100 jurers was exhausted and only ten found competent to serve, Examining them one by one, as they were called to the stand by the Clerk, was tedious enough, although Mr. Howe, who eonducted the examination, managed eccasioaally to extort responses of diverting character, “Mr, Bloomfield,” Mr. Howe asked one of the rejected ones, “have you any conscientious scruples on bringing in a verdict of guilty when tle penalty is death?” “Quite the contrary," answered Mr. Bloomfield. *T should be rather inclined, in consequence of the alarming increase of murders, to mete out very strict justice to the prisoner.” “Could you,” Mr. Howe asked another, who, of eourse,on account of the nature of his response, was rejected, “bring in a verdict strictly in accordance with the evidence ¥” “Iam afraid,” answered the party interrogated, “that it would take strong evidence in these times to induce me to bring in @ verdict of not guilty.” on don’t believe in insanity pleas,” stated an- other, And thus the excuses ran on, till, as stated above, che whole panei was exheuse The tollowing are the names of the ten :—Cnaries II. Culver, James I. Howard, John A. Janssen, Wiliam Eggert, Alex- ander J. Pisdes, Adolphus W. Magerhause, John W. Howard, Thomas Rule, William Cohen and John A. Smith. A {urther panel ef seventy-fve was or- dered for this morning, when doubtiess the re- maining two jurors will be speedily obtained and the trial be entered upon at once. UAVE WE ANY CITY ORDINANCES? Important Point Raised in a Suit for | Damages Against a City Railroad Company=—Strange Oversight of Poli- ticlans at Albany and Worse Blundere ing of Our City Fathers. In July, 1871, Robert A. Squires, a boy nine years old, was run over by one of the cars of the Belt Line Railroad at the corner of Lewis and Eighth streets and killed. fis father, John A. Squires, brought a sult agatnat the company for $5,000 damages, the extreme penalty allowed in such cases, for the killing of his son. The case has been | on trial before Judge Sedgwick, bolding Trial | Torm, Part 2, of the Superior Court. Everything started of very smoothly for the prosecution, The circumstances of the fatal casualty were recited by three witnesses with great iminuteness of | detall, Of course the material point was to prove | NEW YURK HHKALD, THURSDAY, MARCH 18, 1873.—TRIPLE SHEET if: on of these days we find we have no city laws at al BUSINESS IN THE OTHER COURTS. UNITED STATES CIRCUIT COURT, Oponing of the March Criminal Term. Yesterday the March Criminal Term ef the United States Circuit Court was opened before Judge Benedict. The court room was crowded with lawyers and also with persons who had been summoned to be in attendance as jurors. The swearing in of the Grand Jury was deferred until Monday next, an ficient number of jurors did not answer to their mames, The Judge ordered an additional panel of twelve to be suinmoned, On the motion of Mr. A. H. Purdy, United States Assistant District Attorney, Mr. Joseph P, Fay was admitted to practice in the Court. Alfred A. Phillips pleadcd not guilty to on indict. ment charging him with embezzling letters from ppt Office, and his trial was set down ior the 24th inst. John Moorehead ard Peter Kehoe, indicted for counterfeiting the national currency, pleaded not guilty, a did alse Charles Sinnert, who is indicted for dealing in counterfeit meney. Charles MacKay pleaded not guilty to an indict- ment charging him with sending an obscene circu- Jar through the mails. Mr. Spencer, counsel ior defendant, claimed, as matter of law, that there Was nothing obscene on the face of the circular, and that, therefore, the defendant was eatitied to be discharged, The Judge said he must rule against counsel upon suci @ motion, ‘The case of Benona Howard, who was indicted, about four years ago, for counterfeiting match stamps, was set down for tho 19th instant. It looks like a big joke te see this case on the calendar, for Ky Leap around the Court is that it will never be Tied, Willett Fergusson, indicted for embezziing let- ters from the Post Ofice, pleaded not guilty, and the case was set down for trial on the 17th instant, The Wallkill National Bank Defalca- tion. Ex-Senator William M. Graham, who has been indicted for embezzling a large amount of the funds of the Wallkill National Bank, of which he haa been president, pleaded not guilty, and the pete of the case has been set down for the dist inst. Mr. Spencer, counsel for the accused, said bail had been fixed at $50,000. That amount was ex- cessive, and Mr. Graham could not get it. He be- Meved that half that amount would secure Mr. Graham's attendance, Mr, Bliss, United States District Attorney, said that the charge bs nad the prisoner was that he resident of a bank, that the cashier, Horton, had absconded, and that between them they had embezzled $180,000, The capital stock of the bank was all gono, and how much of this Mr. Graham might have to put up as bail and then disappear of course it was impossible for him to say, Mr. Spencer replicd that the report of the Lad ernment officer showed that the casmer had taken 167,000 from the bank and Mr. Graham only 15,000, He (Mr. Spencer) wanted to show that Mr. Graham had indemnified the bank by notes, &c. Mr, Graham was old and in broken down heaith, and he could not give the amount of bail demanded of him. Finally, the District Attorney consented that the bail be reduced to $25,000, A Government Official Charged with Receiving a Bribe—The Case of Charles Callender. The case of Charles Callender was called. The «defendant is charged with having, while acting in the capacity ofa bank examiner, received a valu- able consideration for the purpose of influencing his report in regard to the financial position of the Ocean National Bank of this city. It is alleged that the desendant, influenced by this valuable con- sideration, made a report maintaining the pecu- niary stability of the bank, and that in a short time atter the affairs of the bank were placed in the hands of a receiver. Mr. William Fullerton and Mr. Joseph Bell ap- peared as counsel for the defendant. Mr. Bell moved that the case go over for the term on the round of the absence of a material witness for tne defence, Mr. D, Randolph Martin, who was ct present im South America prosecuting a claim for $100,000 against @ railroad company. Mr. Martin had been connected with the Ocean Hank and was conversant with all the details of the business, He had been a director of the bank, Mr. Bliss, in reply to Mr. Bell, said it did not seem to him that Mr. Martin was any more cogni- zant of the affairs of the bank than any one of the other directors, The transaction occurred with the bank, and Mr, Martin was not the director solely or principally engaged. Mr. Bell—The whole transaction was with Mr. Martin, Mr. Fullerton—Mr. Martin was one of a commit. tee of thive that had charge of the management of the bank. Mr. Bliss—We say that Callender gave the bank bonds for alarge amount, and that those bonds were worth less, We say that was in the nature of a bribe, and after that Mr. Callender reported on the soundness of the bank, the affairs of which soon aiter went into the hands of a receiver, Mr, Fullerton—We will slow that Mr. Callender never borrowed a dollar from the bank. I have been in this case since the commencement ot it, and we have always regarded Mr, Martin as an indispensable witness on the trial. Mr. Callender is ready to be tried whenever Mr. Martin returns, In th» course of some further cenversation Mr. Feu said he believed Mr. Martin would be home in ‘ay. Tt was arranged that the case be put down for the first day of the May term,a day to be then fixed ior the trial. The Case of Woodhull, Blood. The case of Woodhull, Claflin and Blood, whe are indicted fer sending obscene literature through the mails, was, upon the motion of Mr. Bliss, re- mitted to the United States District Court for trial. A Batch of Nolle Prosequis Entered. Mr, Bliss entered nol. pros. in about one hun- dred old cases against lettery dealers, persons for violating the ciection law, &c. The Court adjourned until this morning. SUPREME COURT—CENERAL TENM. Admissions to the Bar, Before Judges Ingraham and Davis. The following young gentlemen having passed a satisfactory examination were yesterday admitted to the bar:—John Aitken, Jr., William Doil, Cher- burne 3B, Baton, A. Gi:hesen and Washingten Irv- ing Jacques. Claflin and SUPREME CCURT—CHAMBERS. Decisions, By Judge Fancher, Wheeler vs. Mongra et al.—Motion dented, Alien et al. vs. Scundavavian National Bank of Chicage.—Same. McKiun et al. vs. Same.—Same, Isham et al. vs, Davison.—Motion for leave to re- ply granted om the payment of the costs of the cir- cuit at which the trial was had and $10 costs of tuls motion. By Judge Davis, The People, &c., Ferguson vs. The Marine Court of the city ef New York.—Motion granted, SUPERIOR COURT—SPECIAL TEAM. Deel tons, ‘ Ry Judge Van Vorst. Kobhbe vs, Tutner et al.—Order granted. McLean ys, Schlatfer.—Same, Jones vs, Child.—Order of reference, negligence on the part of the railroad company. | Several witnesses positively stated that the speed | of the car in rounding the corner, where the acel- | dent eccurred, Was net slackened, but that the horses were Kept at @ round trot, But this was | not enough for vie prosecuting couns To clinch | the matter there was offered as cvicence an ordi: | Rance Of 1866, prohibiting a rate of speed greater | than @ waik in gotny rownd street cornors, | “f object to that ordinance belag put in os evi- dence,” interposed A. ey Wall, a8 counsel for ‘he rafiroad company. “On what ground? asked the opposing counsel, “On the plainly simple aed that it is not a city ordinance,” a ‘ered the ex-Mayor, with that | veady quickness 80 characterisuc of him. At the noveity of such a proposition the environ- ment of counsel as well as the learned Judge on the bench gave a anited lvok of astonishment. ‘They were evidently curious to know what the cx- yor would prove; but as the result turned out he did prove it a8 plainly and ary, as was ever demonstrated a propouition in Euclid, He showed that there were ho ordinauces whatever now in existence, because the charter of 1470 had repealed expressly all prior charters without saving actus done under them and providing for ord pances under 1870. his argument, ut- terly — lackti in the ordinary — clap-tray of techuicalities, he could ‘not resist the opportunity of giving a rap at hasty Jegislation im the owe case and dilatory legislation in the other—hasty legisiation at Albany in making sucit QO Ogrogious imistuke and dilatory legislativa in the Common Council iu failing to readopt the ordt- Sedgwick micw sauated bag of existence, Judge the ex-Ma’ Admit the ordinance as evidence,” Nt Would mot The above, ina legal polut of view, was the only really troportaut question raised o; ‘i q resuit of the trial was that iy folowing auch cases—a verdict ior the ful Ht claimed. Jurors are more open to sympathetic appeals taan | to apy legal points, and particu: in weighing the joss Of & human lit against te jethoric exchequer of a railroad corporation, ‘On | the rendition of the verdict, however, motion was made to set it aside on the ground of excessive | damages, and also a motion for stay ou appeal, | This motion will be argued this jnorniag, | “The new charter,” said a@ political gentioman | present, “will provide for this extraordinary state Of things developed in Mayor Hall’s argument, and #ee to it that the old City ordinances are revived,” “It ought to.” answered a lawyer, lacouicaily “Afcor all the tinkering legisiation at Albany, FemMarked a tulrd party, “it will Mot be gurprisipg | | not concluded, owing to the iliness of By Judge Freedman. The People’s Bank vs. Manhattan Glove Com. | Pany.—Order denying motion with $10 costs to abide the event, COURT OF COWMON PLEAS—SPECIAL TERM. More of the McIntyre Divorce Suit. Before Judge Robinson, Argument was resumed in this Court yesterday ; Upon the motion to confirm the referee's report in the McIntyre divorce suit, the full particulars of which have been published in the Heraup. It wi charged by Mr, Mclutyre’s counsel that the who! dificuity Was the resuit of the unwarrantaple inter- ference of the mother-in-law. He said thatthe latter wished her daughter to be furnished with diamonds, and because Mr. McIntyre would not do this that the daughter, pursuant to her advice, re- fused to sign Mortgages and other papers neces- aary for raising money in his pusiness, Counsel added that the ruatter of the diamonds he thought see ridiculous under the circumstances, Mr. clatyre betng @ butcher and sbe the daughter efa cellar digger. Aiter hearing the arguinent the Judge tuek the papers, reserving kis decision, COURT #F COMMON PLEAS—PART I. The Burglary on the Ocean National Bank. Before Judue Larremore, Tho suit for the recovery of bonds to the amount of $50,000 brought by the First National Bank of Lyons, N. Y., against the Ocean National Bank, of tits city, which bonds were part proceeds of a burglary committed on the latter bank, was com- meuved again yesterday in this Court. It will be remembered that during the February teria the trial was begun before Judge J. F. ray but was r. Bangs, The case Is like! counsel for the defendants, Jast for ten or twelve days, and the testimony, ©: course, Will be only @ repetition of that produced atthe former tial, and which has already been published im the HERAL MAGINE COURT—PART 2, ‘The Law of Partnership=Ity Responsi- bilities. Before Judge Cartia, Michaol Weyand vs. B. B, Bradiey,—This action was brougnt by the plaintiff te recover damages against the defendan:, one of @ firm indebted to the plaintii’, who, it ia alleged, induced the plain- tiff to release his partner from legal responsibility by representing that he would assume the then ex- isting obligation, and that he was the owner of certain property vaiued at $10,000, the partner of the defendant being at the time solvent, tho deiendant himseif being irresponsible. lt wes alleged oa the part of piaintiir that the representa- Mons of deiendant were faise and untrue, that he was not the owner of any real estate, and that the representations were made for the purpose of in- ducing plaintu? to release tie partner from the legal lability which he had assumed. Aiter the evidence was in the defendant's counsel moved to nonsuit, which motion was granted. Judge Cuxtis, in declaring his opinion, said:— Tn the first place it appears by the record that this is an action in which an order of arrest a8 granted and the Pergon held to bail, Itis well understood that any judg- ment against this deiendant wil run against his body. Conscquenily, It possible, more care and attention should be wiven. 10 ati of of this kind than to the ordinary o1vil action, where there isno such personal resul:. The t jainuiff claims that the deiendant made certain traudu- lent declsrations and sta‘cments, by means of which the plaintiff released from legal responsibility the prior co- partner of tho deiendant, Bradiey. It is claimed ou the art of the plainuity that thoss representations were false. Of course the burden ot proof 18 on the plaintitt to show that. ‘These representations were alse and fraudulent. The question arises. is there ‘any "positive — proof these statements and representations were false and — frauduicat? ‘There may exist a suspicion that they were false. ‘There may be the moral conviction, perhaps, that they were not true, but is there any evidence of @ legal character, h as Would warrant a Court and jury in sending this n to the custody of the law, bocaltsc, aa f sald, beloro, a judgment in this case would run a3 against his boys T cannot see whore there is any such evidence. The only evidence in that regard is tho testimony of Mr. bhaw, and that is entirely of a negative chacacter. Ho swears that lie made a search in tho Register’s office, and he did net find a deed or conveyance in which this man dicey was grantee. He sald something about an agtcement, which, of course, was excluded. Now, there isthe evidence of Kenyon, and that would sccm to show that it was in contempia- tion of the defendant to purchase some real estate, on or about this very tino, Lecause in a conversation which took place between radiey and Kenyon he made some mention about an intended purchase and some allusion to a sum of inoney, So far as that is eoncerned it isin favor of tho defendant It is not necessary to inquire was the second transaction the result of x new induce- mont operating upon tho mind of the plaintiff, or a con- finuavee of $10 original alleged traud. ‘The complaint must be dismissed fur want of proof. COUIT OF GENERAL SESSIONS. Larcenies from Express Wagoni—The Thieves Sent to the State Prison. Belore Judge Sutherland. Assistant District Attorney Rollins prosecuted in this Court yesterday, Joseph S. Gwyre, alias Joseph S, Sandford, pleaded guilty to an indictment charging him with steal- ingen the 2ist of December a package of cigara valued at $63 from an express wagon, the property of William W. Kerr. George Ryan, who, on the 13tn of February, stolo abule of tobacco worth $114, the property of Na- thaniel Rose, from an express wagon at Peck slip, pleaded sn to grand larceny, Gwyre and Ryan Were each sent to the State i’rison for three years. Burglary. A plea of an attempt at burglary in the third de- gree was taken from John Colbert, who on the 27th of February burglariously entered the tailors shop of Jonn Bellentoni and stole $219 worth of clothing. He was sent to the State Prison for two years and six montis, A Stabbing Affray in a Tenement House, John Scott was tried and convicted of an assault with intent to do bodily harm to Hugh Corey. The evidence showed that the parties livea at a tene- ment house in East Eleventh street, and on the lith of February they and some of their acquatat- ances fought like Kilkenny cats, Aiter the fight was over Scott stabbed Oorey in the breast and side with a sinall knife, Judge Sutherland took the mitigating circumstances into account and sent Scott to the State Prison for two years, Larceny. Thomas Reilly, who on the 22d of February stole a fur collar and a pair of pantaloons, valued at $31, the property of Thomas ©. Campbell, pleaded guiity Soper larceny. He was sent to the Peni- tentlary for six months. Embezzlement. John H. Hill, indicted for embezzling $30 from his employer, Edward F, Christianson, 39 Vesey street, onthe 13th of February, pleaded guiity to petty larceny, After hearing Colonel Spencer's state- ment of the case, and being satisfied that the ac- cused was the victim of circumstances which showed that he had no ielonious intent, the Judge fined Hill $10, which his counsel promptly paid. Two Youthful Highwaymen. A youth named William Hanlon, who was jointly indicted with James Ritchie for robbery, pleaded guilty to petty larceny from the person. While John Drummond was passing through ‘thirty-first street, about eight o’clock on the evening of the 28th of December, Hanlon took him by the throat and Ritchie stole a silver watch frem him worth $5, Mr. Allen accepted the minor plea, in erder that the Judge might have discretion to impose a lesser penalty than five years, shoutd Hanlon’s employer, who was absent, give him a goed character. n- tence will be passed on Friday, Ritchle pleaded guilly a few days since and was sent to the State Prison for tive years, COURT CALEHBARS—THIS DAY, Supreme Court—Circuit—TRIAL TERM— Part 1— Held by Judge Barrett,—Nos, 433, 993, 957, 1821, 305, 775%, 91334, VAL, 1395, 10114;, 1963, 2333, 5145, 345, 743, 767, 781, 909, 1049, 1065. Part 2—Hela py Judge Van Brunt.—Case on. SUPREME CouRT—GENERAL TeRM—Held by Judges Ingraham and Davis.—Nos. 82, 83, 83, 136, 137, 171, 175, 179, 182, 183, 185, 185, 189, 190, 133, 150, 162, 164, 155, 165, 175, 178, 192, 193, SUPREME COURT—SPECIAL TERM—Held by Judge Muilin.—Law and fact—Nos, 148, 167, 178, 179, 150, 188, 69, 93, 102, 195, 196, 197, 193, 199, 200, 201, 203, 204, 205, 206, 207, 203, 209, 210, 211, SUPREME COURT—CHAMBERS—Held by Judge Fancher.—Nos, 72, 75, 76, 87, 83, 89, 90, 114, 128, 198, 217, 220, 244, 247, 243, SUPERIOR COURT—TRIAL TERM—Part 1—Held by Judge Barbour,—Nos, 2025, 1921, 257, 1799, 751, 2031, 479, 1953, 815, 1045, 1955, 1937, 1201, 2411, 1435, Part -2—Held by Judge Sedg’ fos. 240, 1612, 1608, 1416, 1288, 822, 1040, 725, 1140, 314, 390, 1692, 2478, 2026, 1293, COURT OF COMMON PLEAS—TRIAL TeRM—Part 1— Held by Judge Larremore.—Case on. MARINE CouRT—TRIAL i—Part 1—Held by} Judge Gross,—Nos. 1620, 50, 1554, 1466, 826, 15844, 1572, 1368, 1453, 1 1628, 1630, 163: Part 2—Held by Judge Curt 1 1675, 146, 1611, 1125, 1939, 1539, 1568, 158 5 1491, 1129, 1125, No. 1678, then that 1527, 1 Patt 3—Meid ty Judge Howland.— BROOKLYN COURTS, ib lial SUPREME COUNT—SP=CIAL TEAM. Comptrolicr ws. CollectoreTax Deposits. Before Judge Pratt. ‘The dispute between Comptroller Schroeder and Moncey Tax Collector Burroughs has finally got into the | s | and nse th Courts, The Comptroller claims that Me, Bur- Youghs sheuld deposit the moneys received by hint for taxes and assessments in the city treasury the same day they are received, which the latter says it ts impossible for him to do. Yesterday morning Corporation Counsel DeWitt, on behalf of Mr. Schroeder, applied to Judge Pratt tor an order re- quiring the Coliector to show cause why a manda- mus should not issue comnelling him to make such deposit. Judge Pratt granted the order and made it returnable on Saturday next, when-the matter will be argued and the question settled. COURT OF SESSIONS, Charge of HomicidcmAcquitial of the Accused, Before Judge Moore and Associates, A young man named Michael Stapleton, em- ployed as @ driver of Dodd's Express Company, was placed on trial yesterday on a charge of man- Slaughter in the fourth degree, in having caused the death of @ boy named Daniel Desmond. It seems that on Fourth of July last young Desmond and some other boys had been carousing about the Corners of Smith and State streets and Smith and Atlantic streets (which, by the way, is one of the hardest neighberhoods in the city), and in the evening came upon two men whe were standin; in State street, near Boerum. Some words passe between the parti and ene of the strangers struck Desmond a blew with his fist, fellmg him to the pavement. The boy was carried home, and died the next day. Stapleton was subsequently arre: on the charge of having struck the blew, The evidence on the trial con- necting the prisoner with the assauit was that of John Murphy, @ companion of the deceased, who swore that he saw Stapleton strike Desmond. On the cress-examination, however, it appeared that Murphy had sworn before the Coroner that one Michael Smith was the assoilant. Murphy also confessed that he had been arrested ten times and had beom in the Penitentiary. He is only about fifteen years of age. Stapleton emphatically denied havin, bey, and swore th i struck the he knew nothing whatever of the alfair, not having seen any oj the boys on the night in question, A large number of witnesses gave him a good character, and the jury promptly rendered @ Verdict Of not guulty. ‘Tho prisones was thereupon discharged, SURROGATE’S COURT. A Husband Contesting His Wife's Will. Before Surrogate Veeder. Thomas Noble, who is contosting the will of his wife, Sophia K., yesterday filed his objections to the admission of que Will to orovate, Mra, Novice bequeathed her property, which is valued at some three thousand five hundred dollars only, to sev- eral suburban churches, Application was recent; made to have the wilt admitted to probate, an the husband then signified his iatention to con: test. He alleges that the testator was of unsound mind at the time she made the will and had been for along time Fs Mag thereto—in other words, that she was suffering from delirium tremens, and, Sareieeey incapable of executing such an instru- ment. COURT OF APPEALS CALENDAR. ALBANY, March 12, 1873, The following is the calendar of the Comumis- stoners of Appeals for March 13:—Nos. 87, 32, 76, 29, 31, 79, 89, 83, 84, 85, 86, 88, 89, 90. Adjourned until ten A. M. to-morrow. ERIE AND ITS ENEMIES. Interview with Mr. Barlow—The Ques- tion of the Retirement of Certain Direce tors Looming Up Ominously—Wil! They Sell Out the New Dynasty as They Did the Gldt—The Proposed Reorganiza~ tion of the Boston, Hartfoid and Erie Road. A good deal of excitement is just now becoming manifest regarding the affairs of Erie, and now sen- sations are looked {or in this institution, which has hitherto been so prolific of them. ‘The last one, foreshadowed by persons who appear now to have been far too ardent in their belief of vague rumors, is that which was circulated om Monday to tke effect that several resignations were to take place in the Board of Directors at the meeting on Tues- day. The retiring members are said to be those who wore connected with the former and defunct administration of Gould, who, in the throes of repentance, had been taken into tho arms of the new, on promises of reformation and faithful, service. These gentlemen were Ottis, Hilton and White. The public were disappointed, however, in the fact that their resignations were not made as report presaged, and the prefessed contidence of the other directors in their integrity and utility was loudly reasserted, The appoint- ment of the special investigating committee at Albany to examine the charges of illegal use of moneys made against the Board of Directors has, however, added to the interest now felt in the matter, and there are earnest intrigues on foot whose object is the solving of the mystery which surrounds the recent revolution in the gigantic railway corporation, It hence becomes probable that the question of the retirement of certain of- cers of the company who were identified at one time with the old dynasty is really at this time mooted, and may in the near future be om pressed to anissue. In an interview had with him yesterday by @ HERALD reporter, Mr. S. L. M. Barlow ex- pressed sentiments of this character, although in a mild and cautious tone. He said that the chief cause ef the beginning of this new movement of “reform” was a lack of confidence among the stockholders of the company in the stability of Messrs, Hilton, White and Otis’ devotion to its imterests; that it had been often remarked that they had sold out one party when misfertune over- shadowed it, and might seil out another. In this there was a good deal of sound logic, and Mr. Bar- low was not prepared to say that the subject was yet altogether dropped, and the tone of his iurther remarks indicated a belior to the contrary. In regard to the latest action of the Assembly, he said that, as he kad often stated before, he and the other directors were ready at any time to sub- mit the books of the concern to the inspection of all the investigating committees it might please the representatives of the peeple to send to them. There was nothing in their late transaction that they wished to conceal. Regarding the resignation of Vice President Devin, it would not, he said, take effect until about the mladie of April, and there was ne decision yet made as to the name of the person who should be his successor. They wished to have some one in the place who wasa thorough and enterprising railroad man, and whose education and abilities would fit him for the pertormance of the onerous duties which would fall upon him in advancing the interests of the corporation. The argument relative to the foreclosure of the Basten, Hartford and-Erie Railroad under the Ber- dell mortgege was proceeding yesterday in Boston, Lane representing the Boston and Erie road and McFarland tie Erie. Mr. Barlow stated that a number 0. stockhelders, representing over cight millions of dojlars in bonds, had consulted with him in reference to a reorganization, and had re- quested him to prepare a plan for the accomplish- ing of that end; that he had nos done so yet, and ceuld not until matters were ina different shape and certain conditions were fulfilled. A DANGEROUS PROPOSITION, Extraordinary Powers Company. To THE EDITOR OF THE HERALD:— In one of the most spirited opinions ever de- livered in this State, in a case which mvolved the question of “eminent domain,” it was stated by the presiding Judge that it would be highly disre- spectiul to suppose that the Legislature ever ‘in- tended to take away the land of one man and bestow it upon another; but it is worth while to consider whether we have not very nearly reached this insecure position, A bill has passed the Sen- ate of this State and now’ remains in the House of Assembly authorizing the Beach Pneumatic Tian- sit Company to take by assessment the land of any person in any part of tie city for the purposes of the company, and as this corporation is now owned by only a sitgie family and the proceed- ings to acquire land in that manner are notori- ously of a one-sided character, the passage of such an act through the Senate is just cause of serious alarm. If bestowed on the other street companies, with their more than flity miles of street railway, no man's property will be safe, If the act in question pass the Assembly it will be deemed a precedent for the street railroad companies, who will not be slow to invoke the ap- plication of it to them, and, under pretence that an assessment Would be called for, a power ever tho disposal of property would be obtained ofa mo- mentous and dangerous character. That there may be no doubt ef tho extent of the act we sub- rait a part of section 4, which provides that ‘The said corporation shall have the right and is hereby authorized to acqnire the title to and hold such real estate or {ncerest therein as may he mecessary to enable it to construct, operate and marntain said tubes and rail- to a Transit ways as herein provided, and to construct and maintain the proper platforms, stations and bufidings of sald corporation at ‘such points along the route ot sald tubes as may be convenient and sujtable the ingress and egress of passengers and for the réceip’ Aischarge of Ireight and packages, and necessary for ation of said tubes and railway, and a grec with the owner or ch real estate or interest tor the purchase vor, the sald corporation may acquire title tothe sane in the mamner provided in the fourteenth, Ateenth, sixteenth, seventeenth, eighteenth, nineteenth, twentleth, tryenty drat and twenty-sixth sections of an actentiticd “Anactto authorize ‘the formation of rail- road corporations and io regalate the same,” &e, ‘This extraordinary pewer is made to extend not only to the route defined in the act—from the Bat- tery under Broadway to Madison square, the: under Broadway te Central Park, with a brau from Macdisoa square under Madison avenue to Harlem River, and with power to make couneouon with the Harlem and connecting roads at or above Forty-second street, and with the Hudson River road at any point north of Fiity-ninth street—but its limits over the hs and over Brooklyn ma; said to be practically undefined. The Tube Com- pany Was 0) lginaliy empowered to lay one or more ubes of fifty-four inches in diameter under and through ali the streets, avenues, squares and pub- lic places of New York and SrooKlyn, and under the North and East Rivers; and this right Is sub- stantiaily continued. It will be seen from a care- fnl read.ng of the section quoted that the right to take land along the tubes alone is conlerred as Weill as along the ‘tubes and railway.” The power to take land from private individuals was originally ene that might be exercised only by the pudlic and for public use; but when the great iives of railway came to be constructed it was held that they took it for the pubviic, and it would seem that this applies as well to land tor depots as jor iand required for tracks: but the fur depots has been seldom ex erstood that it it we tion would result. ast iow years the power has been extended to some of the new de- Junct lies estabiished for Fr. the is! @ respectable extended to ti oe the precede order to secure the privilege for them throughout all the cities of the State. " . 1 raliways wants it DOW Sought to be estawitshed im The rigit to take land for depots in cities ought under no circumstances to be granted, and espe- claliy not to a corporation like the ‘uve tunnel, whieh has been in existencetor years without com- plying with a slagle provision of the act of incorpo- ration and without any one knowing the parties upon Whom the succession has fallen, It is under- | stood that most of the original stockholders have as being founded Jone ago abandoned the compan an incorporation Jo misteke; but yet it ts to wen that (his enormous power over the property of every individual in the city and in Brookiyn is about to be conferred—a power which can be used a8 A menace Lo induce owners to part from their they neglect to do so the machinery of assessment Wl be vet ia motion to obtain it at the price which the company saall offer. : If the Legislature pass this bill the body will be re- marded ag on a periect footing with those which have recently preceeded It, and which stand condemned for Lue wrosgest COrKUDHOm WATOUBK ings; and in case the | & premises at a sacrifice under the pretence that if | THE FOSTER CASE. A Card from the Widow of the Murdered Man. Provipence, R. L, March 12, 1873, Will you allow me to correct the statement in yesterday's HERALD that I had received money for writing a letter te the Governor of New York ask- ing the commutation of William Foster's sentence? The statement is wholly fulse. I have never re- ceived money, nor have I been offered a bribe in iy letter was wa, and expressed my honest feelings, “un iN L, PUTNAM. Mr. John Foster Denies Paying Money to Mrs. Put ma. To THE Eprror oF THR Hrratp:— Being absent from the city and only returning home late on Tuesday night, 1 frst saw the report in the HgRALD of that day that money had been paid to Mrs, Putnam for her lotter to the Governor on behalf of my son, William Foster. Allow me to state that the story is entirely without toundation in every particular. I am not personally ac- quainted with Mrs,,Putnam—in fact, Ido not know that I ever saw her; tas. assert most confidently that I have notand that, to my knowledge, none of my iriends have ever offered or paid her any sum whatever for her kind intercession on my son’s behalf, Ican only attribute her letter to the kind- ness of her heart, Iam, very rey, JOHN FOSTER, 216 East Elghteenth'street, New York, March 12, 187: WHAT MRS. DUVAL EYES irre to She Tells of Bribes and Threats by Fos- ter’s Friends—Some Interesting Rev- elations. {From the Star of yesterday.) In the vestibule of an elegant mansion in East Twentieth street the writer this morning met Miss Jonnie Duval, the young lady in the defenco of whom Avery D. Putnam was Killed by William Fostef two years ago. “Mamma ts very sick,” she said. will do as well.” “I wished te know if sny persons have asked your mother to sign the petition for commuting the sentence of William Foster?” “T will speak to mamma,” and, having ushered her visitor into the parlor, she whisked away. Presently a pleasant-faced man entered the room and satd:— “Mrs. Duval will be down as soon as she can dress. Can I do anything for you?” In answer to an inquiry he said :— “Before I came to this country I studied law for seven years in France. In that country they are very severe on criminals, and, of course, I look on this case of Foster through the eyes of my coun- trymen. I think if Governor Dix knew the circum- stances asIand my family know them he would not hesitate a moment as to his duty. Since Foster’s conviction his friends have done all in their power to injure us. There has been a detec- tive watching the family for the last cightcen months, trying to find something against us, We have given NO RECEPTIONS SINCE MR. PUTNAM’S DEATH, and our visitors have been only intimate friends, They have failed to intimidate us, and I believe they have sounded Mrs. Duval on the subject of money. Here sheis, She can tell you about it bet- ter than 1.” Mrs. Duval described in feeling language the scene of the assault on Mr. Putnam. She said;— “I have not known @ well day since that awful night. That horrible picture is ever beiore me. Tue surgeons may say what they please, but Mr. Putnam was 98 much a dead man at half-past nine that might as he was the next day. ‘Saint Foster’— 1 call him ‘Saint,’ now that 60 many men have tes- tified to his religious sentimenta—struck him twice—not once, as his friends assert—with a ‘wire’ large eneugh to kill any man.'’ Here the lady's eyes filléd with tears, “Has any one approached you on the subject of commuting Foster's sentence, Mrs. Dural?” “Indirectly they have, on three eccasions. About eighteen months ago a man calicd here to tulk with me about Foster. He said to me, ‘Yeu are not desirous to see Mr. Foster hanged, are you ?’ 1told him my desire was to see justice done. I thought if there was any punisiiment werse than hanging it should be meted out to him. He then said to me, ‘It would be fer your advantage to have him saved!’ I rose and closed the interview atonce. I told the man that the advantage of society demanded that FOSTER SHOULD BE PUT OUT OF THE WAY. I was a poor woman, but 1 could neither be intimi- dated nor beught over to perpetrate an outrage on Justice. He went away. Some time after that I met this man again. It was just at the time when Mrs. Putnam had recovered damages frem the rail- road company. He said again, ‘It will be for your advantage to have this man saved irom hanging. A Sas. “Perhaps I There is a great deal of money in it, as yeu can see’ I repeated to bim my former words, and have never seen him since. Ithink it was the same man who is now ac- cused of bribing Mrs, Putnam. Last week anotier attempt to sound my feelings on the subject was made, A lady called on me and bexan talkin; | about Saint Foster. At last she said, ‘You are no! | willing to see him hanged, are you? It is im your power to save this man’s life.’ 1 told her Mr. Put- nam’s life had been sacrificed in the cause of so- clety ; I considered both him and myself as martyrs to that cause. If society was now wiiling to sac- rifice both him and me by allowing the murderer io escape I weuld have no hand in it. She tnen said :— ‘But, supposing there was money jor you in this thing; or, putting it in another form, supposing this man is hanged; he has triends large in political and money influence. The wellbeing of yourseif and your daughters might be endangered for the next twenty years. You do not knew the power of his friends as I do. YOUR VERY LIFE MAY BE IN DANGER. I started irom my seat and faced her, My indig- | nation was thorvughly aroused new. I said:— ; ‘Macame, it isno new thing for me to have my life threatened. I heard one of Foster’s counsel say during the first trial that the main thing they wante? was to get rid of the principal witness. I was then very sick, and they postponed and post- poned, hoping that I would die. Iam living yet to remain true to the best iriend myseif and iny hus- band ever had, She jett me then, andl have not been approached on the bona des “Mrs, Duval, did your impressions of Foster on that night lead you to believe that he was an exemplary sabbath school pupil?’ “They led me to believe the truth—that HE WAS A DRUNKEN LOAFER,’ Tis face was bieared with the habitual use of rum. [am surprised that Dr. Tyag skouid say that he was a scholar of bis, “He may have been a scholar inthe ehureh over which Dr, Tyng now presides. I was a member of his church—the | Epiphany, Im Philadelphia—and_ the Doctor came | to New Yerk at the same time, Iwas about to say In the same car, thatI did. That was thirteen | years ago. Foster is now about thirty-six years old, He was a pretty large Sunday school scholar ifhe studied under Dr. Tyng."* When tie conversation ended Mrs. Duval sent for her twe daughters, Jenuie and Annie, and in- | treduced them, “This,” she sald, pointing te Jennie, “is the little gir), a mere child then, as yeu can see, Whoin that | Tufllan ingulted; and this,” Introducing Annie, ‘is | the young lauy whem we were going to accompany home from churth. Tam afraid Foster's sentence will be commuted = If it is Governor Dix will have betrayed the trust reposed in him by the people | whose interests he las sworn to pretect.” ADDITIONAL EXPRESSIONS OF POPULAR | _. OPINION. vay se The fact that the public mind is greatly excited Jn relation to the case of Foster, and also the cases of the other murderers now confined in the Tombs, may be jitdged frem the communications given below and those previously published in the HERALD, and which form but a very small per- centage of the communications received on the subject. “Start the Ball Rolling.” To THE EDITOR OF THE HERALD:— I thank you on behalf of a Jarge law-loving com. munity for your stand of right and justice in the Valuable sheet to give my peculiar views, In the | der trial there be sworn two separate sets of jurors to hear the testimony, and at the close of the trial | jur; out and try to come to a verdict; if | (ilay caunotngree, then let jury No, 2 go out and | One wroule in most all probahility agree, and a reat. amount ef valuable time be saved. In the second place, I would respectfully move that, if the Governor pardons Foster, instead of going through all the costly triais and then having the ixecutive set the ver- diet aside, the case be at ence brought be- fore that tribunal for decision, and Jet him pass judgment, whether it be ging or imprisonment for one or twe months or more, Aud lastly, is there not one poor devil tn the Tombs awatting tria! that has veither a great amount ef money and religious friends—that can be hanged to start the ball a rolling, as T see no chance of there being anybody hung at present, that Is, that has been tied? And now, Mr. Phelps, try some poor devil | for murder, and get one hange:t at last. | A CONSTANT READER. Sudden and Inevitable Death the Only Hiicient Check for Murder To THE Epiror oF THE HERALD\— Certain fine-haired philanthropists are froe with the charge of bloodthirstiness against all who bo- Foster aMair, and I would ask 9 small space in your | first place, | would suggest that in every mur- | | | Let us have mercy, t | Would gt \ liey¢ the only autidgtg jor murder is Swit abd cor- 4 ne tain hanging, and inferentially claim to be the sole” repositories of mercy and humanity, Of course these sentimentalists cannot be expected to see how and why their wicked weakness may be the direst cruelty any more than a weak and indulgent Parent can see or foresce the sad results of lax family government. But for the multitude who join the HERALD in demanding the prompt execu- tion of assassins I claim a more comprehensive hu- manity—a truer and more discriminate mercy than ig known to these nursers of crime. ‘This is the mercy which would guard with anxious solicitude every law-abiding member of the Oom- monwealth from bullet and blade, from poison and bludgeon. ‘This is the mercy of prevention, which, fully sustained, would make executions few, avert untold suring and practically end the reign murder, ‘Ihe apologists of murder must surely ad- mit the neccsay oi seme Checks and penalties on evil doers, and, if not perversely blind, muat also see that the logical effect of their sickly bosh and indiscriminate sympathy is a direct premium on murder, The most siultiloquent of these cam hardly believe their One-haired theories of mercy can possibly lessen crime or that aught less than the terror of sudden and inevitable death can check the paumdenaaely inclined. I appeal for mercy to those who have never steeped their hands in human ploed; mercy to those who are yet to-be immolated by the wild beasts of goclelye Let Justice Be Done Though tho Heavens Should Fail. Naw York, March 10, 187% To THE EDITOR OF THE HERALD:— The stand taken by your paper in regard to the murderers now in the Tombs deserve credit from the law-abiding citizens of New York. The appeal to the Governor was made npon the ground that Foster did not expect to kill Putnam. He made the remark that he woud “fx him,” and he did fix him, We must believe the man himself, If I should be on 4 city car and should be insulted, and being a large, powerful man and my opponent a small one—as in the instance of Foster and Put- nam—if I only wanted to chastise him I would hit him with my ist; if I did not care whether I killed him or not I would take some iron instrument—aa did Foster—and let the victim take the risk of its killing him. This kind of thing will not do in acity lke ours, [agree with the HkRALD that this mar- dering business must bo stopped, and without hang! Twolve men sitting throughout ing it cannot. the trial and pronouncing a man gullty of murder, atter hearing all the evidence, { would not have their verdict set uside by one man, although he is the Governor of New York. Take the case of Jack Reynolds, Idon’t think he intended to take life any More than Foster. Let the pubes know 16 is dangerous to try to come near killing & man and not intend it. Foster had intelligence and educa- tion—Jack Reynolds had neither, and I don’t think when he was huag he knew what was being done with him; if he did he certainly did not look 80, for Isaw him when the cap was drawn over his face. He then wore a smile on his face. He had no money, friends or ministers to write for him, so he had toswing. Let justice be no respecter of per- sons. Rich or poor, if they deserve Le them hang. J. BOK. Letter from a “Gratefal Heart,’ To THE EDITOR OF THE HERALD:— There are many grateful hearts in our neighbor. hood and many jubilant voices tuned to praises of the HERALD for its manly, novle course in the Fos- ter case. We were fast giving up all hope of jus- tice; the criminal’s iriends only were active, whea your paper came out 80 firmly on the side of truth and the law. Our thanks are also due to Mr. Wal- ter Bartlett, the intelligent juror, who made @ strong point in his able letter in last week’s Her ALD, saying Foster was not too drunk to remember where the car hook belonged, and ran after the car and threw the bloody instrument on the platform after his murderous work was completed, I am giad to see there are able men espousing the cause of right and justice in Spponiiton. to the namby- amby beings who are willing to let such roughs as Foster loose upon the community to murder some other unoifending citizen. I know Governor Dix will see the laws are executed in spite of Dr. Tyng’s erroneous statements and the iniuence of the Episcopal Church. je Death Would Be More Mercifal Than Decay. New York, March 11, 1973. To THe Epiror or THE HERALD:— It 1s time that the voices of the HERALD and the masses were heard, that men may know and fear the law and it be no more dishonored. Born of mature deliberation and educated by tho ex- perience of ages, our law speaks the resolute will ofa thoughtiul and humane people; it is God in humanity asserting its right to rule all baser ele- ments. Be the people stanch and true to thoir wisdom ; the oracle speaks but to be obeyed. New York just now affords the pitiable spectacic of men rushing hither and thither like hungry chickens, guided by an impulse as devoid of judgment and true kindness to their fellows. ‘he men who call today for justice and obedience to a law which their own and the judgment of the past have proved necessary for the weli-being of the community, have as much pity for the poor wretch who lies under condem- nation as those who seck to break the jaw in his behall, more than those who use ‘unholy means.’? ‘The difference ts, tucir Judgment, made of sterner stuff, melts not upon suc. altars, but rather gleams with indignation that the ives of men known and respected should be at the mercy of rufians who know no mercy and can piead naught but their own vile habits to excuse their deeds of murder. I am inclined to think that death would be more merciful for Foster than the years of unexpected misery, of hope deferred through which his ‘aids’? are dragging him. What value is there in a plea for mercy on the ground that Putnam nogiected his wite? What wonder if it were so witi him and {sso now with others wher the spirit of some women leads them to reap a harvest from a husband’s blood or write the atrocious nonsense ef a ‘Neglected Wit rh. Call for a Petition Against Executive Clemency. Manca 11, 1873. To THE EDITOR OF THE HERALD:— One million ot people, I doubt not, have re joiced at the noble stand the HexaLp has taken Ip behalf of justice in New York city. If Foster re- ceives a commutation of sentence it will make every honest American citizen blush with shame at the laws of his country. New York will be a city of murders, armed men will walk the street, assassins 1 direct their blows with impunity, and, in t, “hanging will be played out” white money can influence the ¢ver powerful New York dailies. he jul excellent call [rom the people that the HERALD Sfart a petition to the Governor pray- ing him not to interfere with the decision of the Courts, and such a petition will receive 10,000 sig- natures in one (lay. Do you doubt it? Please try and see for yourself. 8. H. B Mercy for Governor Dix=How He Wil Consider Poster's Case. To THE Epiror OF THE HERALD:— ‘ But few of the writers of the letters in behalf 8 Foster seem to understand the duty of the Gov- ernor in tho matter. That he understands it his letter to the Sheriff in the Gatfney case fully estab- lishes, Let us answer the following questions, and then we will be brought face to face with the con- siderations which will rule his executive action:— Has Foster been tried for murder in the frst de- gree? Yes, Convicted? Yes; with a recom- mendation to mercy. Did he appeal from the judg- ment to the General Term ol the Supreme Court? Yes, Was the judgment contirmed’ Yes, Did he areal to the Court of Appeals from this confirma- Q Ves. Did the Court of Aypenis confirm the findings o, fhe General Term? Yes. ' ‘This is the eu.'*¢ C&se, and the only considera- tion for the Governe.” 18 thé recommendation to mercy. In considering tbis Mp aT 44 he wiil not retry the case, for he expre: x je~ clares he will not do so in the Gatfney lette: nh how wiil he consider the case * He wijlbe guided by policy. He will ask himself, “Will the State be benefited by saving this prisoner's life? Will the well-being of society be promoted by the commuta- tion of his sentence? If 1 interpose my power to protect him from the exocution of the sentence, s0 deliberately imposed en him, will my doing so serve to carry out the intention of the statute un- der which he was convicted ?’ In his deliberations he will remember that “the sentence imposed by a crimMnal statute is to deter others from a like offence.” “Criminal laws are necessarily general, 2 order that the higitest good may be secured to ne many.’ Itis wrong, it is cruel, to address tearful ap- peals, unfounded in reason, to the Governor, ihey cannot come to good, but break his heart; for he must hold his ice. Who doubts, if tears could save this man’s life, shat General Dix would be the first to shed them ’ or If a vicarious sacrifice of & limb would suflice, Whe doubts tiat General Dix would be the first to oifer his right hand? The General has sons of his own and understands @ parent's Jove, and I a thousand Niobes should deluge the Capitol with their tears and each tear were an appeal for mercy they cowd not be halt so effectual as the prompting of his own heart. ereiore, on hit to whom we 8, WT. appeal for mercy. Naw York, March 11, 1873. A Correction, N York, Maret 11, 1873, To THR Epiror oF Tan Henanp:— T notice in your issue of to-day my name used ag @ signer ofa “Wostor petition.” Piease say for me in your » issue that I never signed or even saw the said tion, Whoever forged my name to tt deserves { Same treatment that the petitioners ¢ to Foster, og bb, TUM LLL, 191 Duane 6