The New York Herald Newspaper, March 14, 1873, Page 5

se 02 riONs ‘The first witness was Anton Miller, the keeper of THE COURTS, |z Beers THE CORDES-DANN HOMICIDE. Testimony for the Prosecution—Details of the Tragedy—Probable Completion of the Trial To-Day. BREACH OF MARRIAGE. Suit Against a Lawyer---Verdict of $20,000 Bamoages---A Singular Story. THE BEACH-MYERS SsUIT. Application to Vacate the Order of Arrest of Myers—The Application Denied. pesmi ue ara § STOKES AGAIN. Farther Delays Denied and Hurrying Up the Case--Motion for Stay of Proceedings To Be Argued on the 22d of April. gute od In the United States Circuit Court yesterday Jadge Benedict resumed the trial of criminal cases, Joseph D. King, James F. Clarke, William T. Reshmore and Wiliiam Sutton were indicted and tried for smugg!ing brandy and other articles en board the British steamer Denmark. After the Prosecution had closed, there being a variance be- ‘ween the proof and the allegations in the indict- ment, the Court was about directing a verdict for the defendants, when the District Attorney entered @ nolle proseqni, with the view of reindicting them. James Scofiela was acquitted on a charge of smuggling. The Court adjourned till to-day. ‘The case of John H. Scholl, pension agent, who is eharged with having charged more than the law allows for the collection of a pension for one Peter Albeim, was up before Commissioner Shields yes- terday. The evidence on both sides has closed, and the matter now rests for the decision of the Com- missioner. In the Supreme Court General Term yesterday, Judges Ingraham and Davis upon the bench, the argument upon a motion for a new trial for Stokes ‘was ordered to be peremptorily set down for a hearing on the 22d of next month. Stokes’ coun- #el asked for more time, but the Court was unyicld- ing on the point. After completing the jury yesterday morning to try, in the Court of Oyer and Terminer, Charles Cordes, indicted for the murder of Join Dann, the trial was proceeded with without further delay. ‘When the Court adjourned the testimony for the Prosecution had all been submitted. The defence will enter upon its testimony this morning and the expectation is that the trial will be concluded to- aay. In an inquest yesterday before Judge Sedgwick, of the Superior Court, a verdict of $20,000 damages was given agains: A. B. Chalmers, a lawyer, for al. Jeged breach of promise of marriage. The story of the complainant, Miss Phocbe A. Lowere, which will ‘Be found in the report of the case elsewhere, makes ‘wp & narration of painfully thrilling interest, Mr. James S. Myers, as will be seen by a report im our law columns, is vainly endeavoring to get wacated the order of arrest grantea against him pon the complaint of Mrs. Julia A. Beach, widow ef Moses Y. Beach, the fall particulars of which Bave been heretofore published in the HERALD. Mrs. Beach claims to have been swindled by Myers sut of some forty-fivethousand dollars, which she is endeavoring to get back threugh revourse to the Courts, THE CORDES-DANN HOMICIDE. Opening of the Case and Testimony for the Prosccution— Particulars of the Tragedy as Given by Eye-Witnesses— Medical Treatment of the Deceased and Suggestive Intimation of the Prisoner’s Counsel. The Court of Oyer and Tcrminer was again erewded yesterday morning. his usual promptituae, was punctually in his place, and so were Assistant District Attorneys Russell and Lyons, conducting the prosecution against Cordes; and so was the prisoner Cordes himself, ‘nd so were Cordes’ counsel, Mr. William F, Howe nd Abe H. Hummel, and so were the ten jurymen selected from the previous day’s panel. It took but a iittle time to fill the two vacant chairs in the §ary box, the parties proving themsclves unexcep- tionable being Theodore Kandus and Joseph Bu- chanan, OPENING THE CASE. Mr. Russell opened the case on the part of the Prosecution. He recited briefly but succinctly the particulars of the affray in which Dann received bis death wounds. In a lager beer saloon in Duane street, he said, about eleven o’clock at aight, Cordes and a man named Hauck got into an angry Gispute about the relative military merits of the Bavarian and Prussian soldiers. In the course of the dispute Hauck called Cordes a vile name, and ‘the latter attempted to assault Hauck with a large cheese knife. Dann grabbed Cordes by the arm to restrain him, and received the blow of the knife on the wrist, from the effects of which he died a few ‘weeks after. It made no difference in the degree ef criminality, Mr. Russcil insisted, whether he died instantly or alter months of lingering, Hf he died ultumately from the assault. It might be advanced Sor the deience that Cordes was under the influ- ence of liquor at the time, but this was no excuse Or palliation. Itis presumed by the law that a man intends the consequences of his act, and makes no distinction for voluntary intoxication. In conclusion he discussed the law of murder, and claimed that the evidence to be submitted by the prosecution would conclusively show that Cerdes ‘was gullty of the grave charge preferred against NY FOR THE PROSECt the saloon No. 179 Duane street, where the affray occurred. He testified that on the 26th of October he saw Cordes, Dann and Bugene Hauck in his place; Dann was an old man; Cordes and Hauck got into a dispute about the Prussian and Bavarian | soldiers, Hauck maintaining the Prussians could | have defeated the French without any help trom the Bavarians; he said Cordes didu’t know any- ‘hing about it, as he — Be soldiers Cordes called him a vile name; Hauck sald, "DoW? Gan ie That | again,” and pushed him back, wifness could not way whether with his open hand or fist} Cordes the phrase, and Hauck pushed him and h by and he 3 Cordes then got @ carvigg-knife from the eating Foon, and returning ©4:q to Hauck ‘Now L call you —, and Will on fush me down again? Hauck Po Wid ann, Who was Hatok's uncie, and got up and put his arm on Hauck, to | = jim away ; Fuse then Cordes struck with the ife, and the blow almost severed Dann’s wrist; witness calied to his barkeeper to knock down Cordes with a chair, and he did so; he then took the knife from him and took him out to the yard, Jest the “fellows” would kill him; Dann died seven ‘weeks aiter in Lispenard street. The witness was r amined by counsel for the deience, but Roth in addition or of a contradictory nature ‘was elicit IN THE OTHER COURTS. | case submitted to the judicial arbitration of Judge Judge Brady, with | eB. “1 mean, Doctor,” continued Mr. Russell, smiling tetielr home eerie i inert me be ravity of ar kas ie it was the immediate cause of Dann’s deat “He died of pyemia or blood poisoning,” an- the Doctor. "On he cress-examination the Doctor testified that the pyemia, might have resulted from Dann’s debility or his great . ‘Coroner, was the concluding Dr, Marsh, Deput witness. He test! led that, several days aiter the affair, he was called by Dr. Rigel to see the de- ceased; at that time he found pus in the muscles of the hand and.arm up toncar tne elbow; he told Dr. Rigel that the hand and arm should be opened to.get rid of the pus, and the Doctor asked bim to perform tie operation, which he did; he saw at. onee that it was necessary, to save the patient's life,to amputate the arm above the eibow, at which point symptoms of mortification had already shown themselves; to do this it wus necessary to. bring up __the patient fo @ ‘condition which would enabie him Yo undergo with safety the operation, He called in, Dr. Wood, and the views of the latter coincided with hisown, The patient, however, grew 80 de- Dilitated from the eflects of the pyemia that on the. 12th of December ue died. On his cross-examina- tion, during which Mr. Howe stated to him, that he must speak out boldly and ag HS ALD conceded that, under proper treatment, the eased, in his view, would still have been alive, ‘The ahove closed the evidence for the proscou- tion. Mr. Howe said that ne deemed it unneces- Sary to make any forma} opening, and partinnlany as it was late inthe day. The Court therefore ad- fournen £3 thig morning, when the defence wili ubmit their testimony. A PROMISE OF MARRIAGE. AF Ee Verdict of $20,000 for,Alleged Breach of Promise of Marriage Against a Law- yereA Singular Story, with a Deeply Impressive Moral. Of all the strange revelations touching the curi- ous undercurrent of some human hves made in our Courts there is rarely one presenting such singular features as were developed yesterday in a Sedgwick, of the Superior Court. As will be seen only one side of the story is thus far given; but the conclusion at which the Judge arrived, after listen- ing to the recitai of facts as given, clearly indicates at least bis implicit, reliance in its credibility. It was nothing more nor less than a_ suit for donseee eit ari by Miss Phoebe A. Lewere against A. 5 Soatnera, a lawyer, for alleged breach of promise of marriage. , A STRANGE STORY. Miss Lowere, the lady in question, is about twen- ty-three years old, Of prepossessing appcar- ance, She was plainly bat neatly dressed, aud her manner of telling her stery, so unassumingly and modestly and yet painfully was it given, was such as at once to excite the most heartfelt sympathies ofall present. Her father—such was her story—in former years was in affluent circumstances, but reverses in business overtook bim and he became poor and nnabie to stand up against the shock of aaverse fortune and died, Succeeding his, death her mother having, besides herseif, an- other daughter and a son to support, opened @ boarding house. This was in 1864. Among the boarders was Dr. Magin, present rector of St. Al- ban’s church, The latter introduced a new boarder, Abraham Bb. Chalmers, a young lawyer. Mr, Chal- mers speectly professed himself greatly enamored of her, and in course of time # marriage engage- ment was entered into between them. At length her mother died. He was absent at the time, but he wrote a letter to her to read to her mother on her deatn bed, telling her mother not to fee] uneasy on her account, a8 he mtended to marry her and she should er be without a protector. The en- gagement continued, and, taking advantage of it and her weakness, he seduced her. Mean- time he had written letters to _ her, couched in the tenderest phraseology of jove’s passion. A change came over the spirit of his dreams, and une day Be famanded these letters and she gave them to , and he cast them into the grate where, like his love, they turned to ashes. But this was net the worst. Soon came the intelligence of his marriage to another. This was the fnal crushing blow, and the only remedy left her was redress threugi'the Cour:s. CONFIRMATORY TESTIMONY, Various other witnesses gave their evidence. ‘They ail testified how Chalmers had confessed to them his marriage engagement to Miss Lowere. Their recitals were but the “old, old story,” 50 often told mm our Courts. THE VERDICT, j Mr. D, J. Mitchell, of Syracuse, conducted the ex- amination for Miss Lowere. He appeared for Mr, Torrence, her former counsel, having promised to do 80, a8 the latter lay on his death bed. Mr. Ely appeared on behalf of Mr. Chalmers, but during the progress of the examination had not a word to The Court directs a yerdict for yon, Miss Lowere, for $20,000 damages,** said Judge Sedgwick, in cen- clusion, and so’ ended this case, which, trom the account given, of it, certainly has as high a claim to be designated “# strange story” as Bulwer’s far-famed fictitious narrative of this title. THE BEACH-MYERS LITIGATION. col OL Application to Vacate the Order of Ar- rest Against Myers Denicd=More Com- plications in the Casc. ij The lengthy story published some six weeks ago in the HERALD, based upon the affidavit of Mrs. Moses Y. Beach, and reciting the particulars of certain business transactions between herself and Mr. James S. Myers, is doubtless still fresh in the public memory. It will be remembered that upon the complaint of Mrs. Beach an erder of arrest was anted against Myers. Motion was made before judge Fancher, at Supreme Court, Chambers, to vacate this order of arrest. Mr. Jordan, who appeared on behalf of Mr. Myers, urged that the motion should be granted, on the ground that Mr. Myers, er rather Dimock & Myers, were the trustees of Mrs. Beach, and that the $32,000 in Missouri State bonds given them by her was a loan, and that they wore entitled to dis- pose of the bonds and use the funds in their busi- ness, It was further alleged that security was given for the bonds. Mr. W. H. Gallaher, in opposing the motion, stated that the $52,000 in bonds was given only as security for the fidelity of her sen, who was a minor, as clerk for Myers, and to save the expense | of depositing them with the New York Sale Deposit Company; that she positively retused to make any agreement with Myers or his firm that did not con- template and positively require the return of the identical bonds, the numbers of which she had carefully taken bejore giving them up; that the agreement was to return them at the end ofa year; that at first there were given her 1,500 shares of the Atlantic Mali Stearoship Company, as security which were worth about the amount of the bonds, and that these shares nearly doubled in value, when they took them away and ‘ave her anote of the company for $30,000, and fnany mduced her to part with this and accept 300 shares of the “State of New York Steamboat Company,” which were worthless, He further stated that in addition to the $32,000 in Missouri State bonds lett her in trust for her son, they ob- ited. Eugene Hauck, the next witness, testified sub- ‘wtantially to the same story, but added that he was ware that he pushed Cordes away with his open band, Cy that Cordes fell owing to his being in- cated, Charies Smidt testified to the same facts, so far as he saw. He saw, however, much less than the witnesses, James Morris, a boarder in Maller’s house, saw the whole transaction, but his testimony varied Very little from Mailer’s. He was the man who knocked Cordes down with a chair after the stab- John Wolf told pretty much the same story, and 0 did Valentine en. THE MEDICAL TESTIMONY. Dr. George Rigei, the doctor who attended Dann, ‘was the next witness. He testified that he was called to attend Dann directly succeeding his in- jaries. eure eaeetl his treatment, me new? among Ings, he put @ plaster on the woun Which was not moved tor a week. : “What was the cause of Dann’s death?” Mr. Ras- @ell asked him, among other questions. tained from her some $20,000 of her own money of which only some $6,000 has been since returned. Altera further lengthy argument on both sides Judge Fancher decided to refuse the application, and denied the motion. THE STOKES CASE. Unavailing Suabterfages of Delay—Argu- ment on the Motion for a New Trial Set Down Peremptorily for the 22d of | Apri). After an interregnum of quiet in the Stokes case for three weeks the matter has again been brought before the Courts, and public remembrance of the terrible tragedy which has given him such painful notoriety again revived, Directly after Judge Da- vis, of the Supreme Court, grant the stay Of exe. ution, the cave was put gu ePekeSL Site ‘ Geiieral Ter huar, to be reached in its order It_was reached yesterday and the case called. District Attorney Phelps asked that it be set down for the middle of April. Mr. Dos Passos, on bebalf of Stokes, said that they could not be ready at so early a day. On ac- count of the judgment record being incomplete, the printing had been delayed. The amount of rinting required was very large, and would em- brace some seventeen hundred pages of printed matter. Judge Ingraham said that the failure to complete the judgment record was no excuse for delay in the printing, which should have been commenced | nying motion, with $10 directly succeeding the stay of proceedings. He had understood that Judge Davis granted the stay on the express understanding that there should be no delay. He should, therefore, order the case to be set down peremptorily to be beard on the 22d of April. BUSINESS IN THE OTHER COURTS, UNITED STATES CIRCUIT COURT, Criminal Trials. Judge Benedict sat yesterday in the United States Circuit Court and proceeded with the trial of criminal cases. In the case of George 8, Dunning, who has been in- dicted for embezzling money from the Sub-Treasury in this city, ex-Mayor Hall appeared as counsel for the defendant and withdrew the motion to quash the indictment, Mr. Pardy, United States Aasist- ant District Attorney, elected to try the defendant on @ particular charge arising under the indict- ment, and the case was set down for the 27th inst. ‘MheaDoctar bag tid you he atieudcd him,” ins) Mx BS Newcombe moved to guagh the indict ment against John Warshing and Sigmund Waren- Bg, who have been indicted for acts of alleged fraudulent bankruptcy. Mr. Newcombe held that the indictment was not specific, and that it charged offences against the éefendants without alleging either time or place. Mr, Purdy, on behalf of the government, said that he had not had time to consider the matter fuily, but he would submit a brief containing his views 0! the case to the Court, and furnish coun- sey for defendants with a copy. his suggestion was assented to, and the matter went over for the present, John Moon, a superintendent in the box depart- ment of the Post Office, has been indicted for em- bezzling a letter deposited in the mail, containing $2. When the case was called yesterday Moon's counsel remarked to the Conrt’ It was charged that his client was caught m the act of opening the letter; but Moon’s statement was that the let- ter was broken and mutilated, and that he was examining it in the course of his duty for the purpose of properly securing it. He was indicted for three other transactions said to have occurred some time be- fore, and these were never at all called to his at- tention at the time he was arrested, Counsel held that different felonies could not be included in the game indictment, and urged that the District At- torney should elect upon which of the charges he should go to trial. Mr. Purdy having briefy replied, Judge Benedict decided that the District Attor- Bey inust elect wpon what particular charge he sheuld try the accused, Trial for Smuggling. Joseph D. King, James F, Clarke, William Rush- More and Wilham Sutton were put apon their trial upon an indictment eharging them with having smuggled into this port, on board the English steamer Denmark, on which they had been quar- termasters, a quantity of brandy, meerschaum pipes and other articles, ir, A. H. Purdy and Mr. Denike prosecuted on behalf of the government, and Mr. B, F. Russell de- jended the prisoners, Evidence was given to show that the alleged smuggled goods had been found in the berths oc- cupied by the prisoners on board the Denmark. ‘The detence was that the prisoners had bought the articles at Havre, in France, ata cheap rate, and that they had intended to use them in Lendon and Liverpooi, ‘The indictment on which the prisoners were accused having in the course of the trial turned out to be a mass of inconsistencies, at vari- ance with the proof, the Court was about to direct the jury to find a verdict of not guilty, when Mr, Purdy, with a view of reindicting the prison- ers, moved that a nolle prosequl be entered. ‘This suggestion was agreed to by the Court, An Acquittai. James Scofield was then put upon trial for smug- gling some small articles into this port, The jury acquitted him. ‘The Court adjourned till this morning. SUPREME COURT—SPECIAL TERM. The Special Partnership Business of James H. Ingersoli. Belore Judge Muller. The tediously protracted litigation in the case of Theodore P. Austin and James H. Ingersoll vs. Eugene A. Heath came up yesterday for a further hearing in this Court. It is the old suit, brought for the parpose of dissolving the partnership between these parties, The plaintiffs, as they allege, put $100,000, as silent partners, into the partnership— the name of the tirm being Eugene A. Heath & Co., and the business tue manufacturing of house fur- nishing goods, &c., by the so-called Heath & Smith Manufacturing Company, of Connecticut. It is further alleged that they were drawn into part- nership through traudulent representations as to the profits of the business and that there was a failure in carrying out the copartnership agree- ment, After learing the argument of counsel the Court took the papers, reserving its decision, SUPREME COURT—CHAMBERS. Memento of the Late County Auditor Watson. Before Judge Fancher, A motion was yesterday made on behalf of a Mr. Brady, before Mr. Justice Fancher, in Supreme Court, Chambers, for @ mandamus to the Comp- troller to pay & bill for $250 for engrossing certain landatory resolutions ordered by the Board of Su- pervisors upon the death of James Watson, former County Auditor, ‘This charge was once passed by the Board of Audit and Apportionment, but the Board rescinded its action. The reiator claimed that it had no power to rescind any of its actions. Mr. Strahan, who appeared for the city, claimed that it mattered little whether they rescinded the resolution or not, as 1t was Originally @ nullity, singe this was no proper claim against the county, and the Board had nothing to do except with claims against the county. ‘the Court reserved its decision. Decisions. Ferguson et al. vs. Ferguson et al.—Petition granted on the execution by the committee of a bond in the penalty of $20,000, with surety as pro- vided in order. Franciska Koerver vs. Joseph Krobeer.—Order of reference for further report granted. Laura Peek vs. William Peek.—Keterence granted to take proof and report, &c. Germania Life Insurance Company vs. Hayes et al.—Relerence ordered to compute, &c. Hooper vs. Nichols et al.—Keport and sale con- firmed and the exceptions thereto are overruled. ‘The Special Term at Chambers is the proper place to move lor confirmation of such a report. By Judge Harden, C. Goodyear vs. W. H. Goodyear.—Order settled. SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Van Vorst. Patterson vs. Slittann.—Order granted. Hoffman vs. Gale.—Motion tor receiver granted, Nickels, administrator, vs. Darrell et el.—Order granted. Kain vs. Hayes.—Defendant’s substitute for plaintif’s proposed issues allowed. The pleadings suiliciently indicate the issues to be tried. Harrigan vs. Harrigan.—Order for alimony and counse! lee, Schneider vs, Foulke.—Order granted. Merzbach vs. Guardian Lite Insurance Com- any.—Same. Allemania Fire Insurance Company vs. Prindle et al.—Same, By Judge Freeaman. The Ready Roofing Company vs. Hyle.—Order de- sts to defendant. COURT OF COMMON PLEAS—SPECIAL TERM. The Universal Biographer After Jay Gould. Before Judge Loew. Ameng the illustrious names making up the list of biographies published by Mr. Frederick Green, in his books of biography, “Men of Progress,” “Men of Mark” and “Universal Biography,” is that of Jay Gould. The great ex-President of Erie, it is alleged, has failed to pay up as agreed, and the result is a suit prought by Mr. Green to compel him to pay $1,000 claimed to be duc to him, The case came up in this Court yesterday on a motion on be- half of Gould to be allowed to put in an amended answer, Mr. Green states that Mr. Gould promised te take twenty copies of the book in which his sketch appeared at $50 a copy. M1. Gould says that he engaged to take only half this number, but that George Crouch having subsequently ordered ten additional copies on his account, he compro- mised the whole thing by paying $650. An affi- davit was submitted on behalf of Mr. Green deny- ing any such compromise. Owing, however, to an informality in the attidavit, the case was adjourned over to allow the same to be corrected, Decision. mf Vallette vs, Coe.—Motion granted, 2 ye oe | a WARNE Copan, fy A Lanatord and Ttnant Suit. Before Judge Gross. Join A. Lowery, Executor of John Lowery, vs. Thomas 0. Bullock et al—This was an action bronght by the plaintiff, an executor, to recover rent of premises from the defendants. The occupa- tion and amount due were not attempted to be dis- proved, the defendants relying upon the point that the lease having been made in the name of “John A. Lowery, Ex.,”’ the letters appended to his name could be only taken as descriptive and the Court could not enlarge a sealed instrument so as to con- strue ‘John A. Lowery, Ex.,” as meaning “execu- tor of John Lowery,’’ and that the suit therefore was improperly entitled, The Court overruled tie point taken and rendered judgment, for plaintiff. MARINE. COURT—CHAMBERS. Decision By Judge Gross, Grigg v8. Lane.—Motion for leave to file supple+ Mental answer granted on payment of $10 costs of motion. Yodd vs. Pinckney.—Motion denied. Burean vs. Ogden.—Motion that defendant pay over amount admitted to be due by answer granted, with $10 costs. Order signed, Besels vs. Waugh.—Demurrer overruled with lib- erty to defendan answer within five days and on payment of costs. See memorandum with Clerk. Davis vs, Abraham.—Notwithstanding that the Court may be of opinion that the amended answer is false and interposed in bad faith, the decision of the Court of Appeais in Wayland vs, Tyson, 45 N. Y, 281, is decisive—that a general denial cannot be stricken out as sham, The defendant is entitled to a trial of the issues raised. Motion denied with- out costs, Hardy ya, Hady,—Motion for new trial on newly_ NEW, YORK HERALD, FRIDAY, MARCH 14, 1873,—TRIPLE discovered evidence denied, with $10 costs of mo- tion. See memorandum, o's vs. Seymour.—Motion denied, without Enholm vs, Fowler.—Motion for new trial on newly discovered evidence denied, with $10 costs. COURT OF GENERAL SESSIONS, A Female Shoplifter Convicted and Re= ~ manded for Sentence. Before Judge Sutherland. ‘The main portion of the session of this court was occupied yesterday in the trial o: an indictment against Elizabeth Ormby, who was jointly indicted with Charlotte Newman for grand larceny, Mr. A. Oakey Hall defended the accused, which gave additional interest to the trial. The testimony for the prosecution against the defendant tending to show complicity with the woman Newman (who 19 out on bail) was shehtly circumstantial. It was prose that on the atternoon of the 2ist of cember the prisoner, the woman Newman da third party entered the store of James McCreery & Broadway, and asked to be shown tO the sbawl department, which Mr. Jack- son, the superintendent, proceeded todo. Being rather suspicious of the customers, he quietly instructed @ clerk to watch their movements. While at the shaw! counters the clerk saw the woman who subsequently escaped put a shawl in her poeket and leave the store in company with Charlotic Newman, He communicated the fact to Mr. Jackson, who pursued the women into the street and sacceeded in bringing the woman New- man back to the store, and upon confronting her with the prisoner she (Ormby) admitted that she knew the women and came into the store with them, The evidence showed that Ormby was twenty leet away from the other women; that she remained in the store after the larceny and bought @ cheap woollen shaw! from the clerk. An invento- ry was taken by the proprietors of the store, and it was discovered that three India shawls, valued at $900, were missed, but no positive evidence was given to show that the woman stole more than one shawl or that it was worth $25. Mr. Hall declined to put the defendant upon the stand, and in his ingenious address to the ia commented in severe terms upon the law whic! permitted an accused party to testify in his or her own behalf, Assistant District Attorney Rollins made an able and apposite reply to the ex-Mayor’s argument. Judge Sutherland charged the jury upen the law @8 applicable to the facts and circumstances proven. eran hour’s deliberation the jury returned, with @ verdict of guilty. Asthe counsel was absent His Honor remanded the prisoner for sente A Man Sent to the State Prison for Stab- bing His Wite. James O'Donnell pleaded guilty to an assault, With intent todo bodily harm, He was charged with stabbing Mary 0’Donnell, his wife, on the 6th inst., in the back with @ jack knife, ‘His Honor sentenced the prisoner to the State Prison for two years, Youthful Burglars. Michael Farrell and Frank E, Darrell pleaded guilty to attempting to break ito the grocery store of John Sims, 300 Seventh avenue, on the Ist of February. The police officer caught them before they succeeded in breaking the panel and found two large “jimmies” in the Ficinity of the store. ‘They were each sent tothe State Prison for two years. David Flynn pleaded guilty to an attempt at burglary in'the third degree, the indictment charg- ing thaton the 27th of February he effected a te- lonious entry into the store room of Gustav Solo- mon, 394 Water street, and stole sixty pounds of tobacco, worth $48, Flynn was sent to the Peni- tentiary for one year, A Dishonest Domestic. Dora Arent, a domestic in the employ of Marcus J. Waldheim, No. 146 West Forty-third street, who stole a pair of solitaire diamond earrings, worth $300, pleaded guilty to an attempt at grand lar- ceny. She was remanded for sentence, An Acquittal, Jane Kirby, a gentecl looking girl, who, a few months since, came from Dubiin, and was engaged by Mrs. Devereaux as a nurse, was charged with stealing, on the 20th of February, a vell, valued at twenty-five cents. The girl explained that she wore it upon a snowy rs when visiting her mother’s house, and jeft it there by mistake. A pidge! man was called tor the defence to prove that r. Devereaux stated to him that he did not believe the girl was guilty of stealing the veil and other articles which his wife missed. The witness also said that he was engaged to Miss Kirby, and would marry her, notwithstanding the charge preierred ainst her. The jury rendered a verdict of not guilty without leaving their seats. ESSEX MARKET POLICE COURT. “One More Unfortunate”—A Lady Robbed of $805 in a Street Car—How the Opera- tion Was Performed and How the ‘Titeves Escaped. “Now, by St. Paul, the work goes bravely on,” and thus far the thieves “sail before the wind.” ‘Another person, a lady this time, has been feeced to the extent of @ little more than eight hundred dollars by the street car gang of thieves, who, of course, escape, While the valiant police gobble up a couple of schoolboys, who are now held for the offence. The particulars of the little occurrence are as follows:—Mrs. Elizabeth Mitten, of No. 7 Great Jones street, got into a Bleecker street car last Saturday night and went up as far as the corner of Broome and Crosby streets, where she disembarked and started through Broome street towards the Bowery. She had gone about a block anda half when she discovered that she Nad lost a bag which she had been trying tied around her waist under her clothes, and which contained $760 in mo and a@ check tor $45, be- sides some little articies of no particular value. She felt confident that the bag had been removed by thieves, lor it was so adjusted that it Was im- possible for it to have become loosened and thus drop to the ground without being cut or untied. Walking hastily back to where she had ieft the car but a minute or two before did not avail anything, | and after vainly searching the sidewaik, the strect and the gutters for # long time, she was cumpelied to go home a sadder and somewhat poorer woman than when she entered that street car. Wednesday afternoon a small boy pulled the bell knob at Mrs. Mitten’s residence and handed the servant a note, which inquired as to whether or not the lady bad lost a smail bag containing a check for $45, and, To, would she ‘ive areward for the return of the same. Mrs. itten sent her niece with the boy, who said the note had been given him by two other boys, to whom he was to take an answer and who were waiting for him around the corner. The boys were found, and the young lady obtained from them the check and bag, also @ small memorandum book, which had been in the bag. The lads reiused t give their names, but said in answer to the lady's Inquiries that they had found the articles in Prince street, about half-past eight on Saturday night last, and that there was not a cent of money in the bag at the time. The lady left the boys, and on returning home fonnd they had written their names in the memo- randum book. She now reported the case to the police of the Tenth precinct, who soon succeeded m arresting the lads, and yesterday morning they were arraigned before Justice Scott at Essex Market, who committed them, though unwillingly, for trial. Now, the case is just this:—Mrs. Mitten has been robbed by some party or parties on the street car, who, after they had obtained the money, threw the bag, still containing the check and memorandum book, at and these two boys. both highly re- spectable in appearance. found it, and will probably have to suffer for so doing. 80 0 SI 6 ne JEFFERSON MARKET POLICE COURT. Felonious Assault, On Wednesday evening Owen Dillon, it is alleged, while riding on the front platform of a car on Ave- nue C Railroad, struck Philip Carlston with his fist, knocking him off the car and so injuring him that he was taken to Bellevue Hospital. Dillon was arraigned before Justice Cox at Jefferson Market yesterday, and yemauded to await the re. sult Of Carlston’s injuries, Sarg Robbery. John Hames, alias Cannon, of 171 Greene street, who was arrested on Wednesday evening for stealing the watch and money of William B. Greene, of 278 Varick street, was brought up betore Justice Cox yesterday and committed, in de- fault of $1,000 bail, to answer. HARLEM POLICE COURT. Robbing the City. John G. Cusick and James Donohue, two junk dealers residing at 439 West Thirty-ninth street, were early yesterday morning caught by Officer Stahl, of the Thirty-first precinct, in the act of stealing a large quantity of six-inch iron water pipe, the progerty of the ‘city, lying in Tenth ave- nue, between Seventy-second and Seventy-third streets. The prisoners were committed for trial by Judge McQnade, at the Harlem Police Court, in default of $1,000 bai] each. COURT OF APPEALS CALENBAR. ALpany, N. Y., March 13, 1873. is the Commission of Appeals day pele for Mareh ag 76, 77, 29, 31, 79, 80, 84, 85, 86, 20, 89, 90, 02, 15. ‘phe Curt adjournéd until ten A. M. to-morrow, BROOKLYN COURTS, CITY COURT—TRIAL TERM. The Dogs That Got Their Master in a Lawsuit. Before Judge McCue, ‘One morning in April last Patrick McGoey, whfle The followin, SHEET. Union Base Ball nd, on street, and while so doing two of Cammeyer's cin a big black one and a little yellow one, ran out and bit him severely, He Was also knocked down by the brutes and rendered temporarily insensible. Ina suit which he subsequently brought against the owner for $5,000 damages, the jury gave him $800, The Court, however, granted @ motion for a new trial, on the ground that the damages awarded were excessive, and the case was tried again yesterday. The jury this time gave McGoey $140. CITY COURT—SPECIAL TERM. Edwin H. Sawyer’s Divorce Suit. Before Judge Thompson. Edwin H. Sawyer, a veterinary surgeon, and Elizabeth J. Sawyer, a circus rider, lived together as man and wife for eighteen years. though never actually married, aud had two children, The wo- man brought suit against him last Summer jor an absolute divorce, on the ground of adultery, alleg- ing that he left her and went to live with another woman, and the case was sent toa referee. Yes- terday the referee reported in favor ol allowing the divorce and awarding the custody of the children to the plaintiff. The report was confirmed. Mrs. Sawyer is also allowed $30 per month alimony. It wiil be seen here that although there was no marriage cere- mony, the Court held that the fact of the couple living together so long was suflicient to constitute them man and wife, COURT OF SESSIONS. A Hasband’s Determined Attempt to Kill His Wife—Stabbed Seven Times. Before Judge Moore ana Associate Justices. James A, Eldert was placed on trial yesterday afternoon for attempting to kill his wife, Elizabeth, on the night Of the 2lst of December last. The prisoner is a rough-looking fellow, about thirty years of age, and his wife, a mild-mannered woman, is but a few years younger. ‘The testimony for the people showed that Mrs. Eldert was com- pelled to leave her husband in consequence of his intemperate bavite, and went to work in a restau- rant on Fuiton street. On the night in question, at about cieven o'clock, while she was on her way to her home in Green lane and going through Prespect street, her husband fol- Jowed her and endeavored to persuade her to live with him again, She declined to 4080, and requested him te give her the tickets for some property which he had pawned before their separation. He immediately produced the tickets, and as she was about to reach for thein he drew a batcher’s knife and plunged it into her left breast. The poor woman tell bieeding to the pavement, nd while she was lying prostrate he stabbed her again and again, A butcher named Jacob Grim, who witnessed the assault, ran up for the purpose of rescuing the woman, when Eldert desisted trom his bloody work and threatened to stab himif he interfered further, Several other parties were attracted to the place, and endeavored to capture Eidert, but he remaimed bending over the bieeding form of his now insensible wife, and kept them om by threatening to knife them if they came near him. Finally Officer Dawson, of the York street police station, arrived and found the infuriated husband and his victim in the gutter, the former still retaining his grasp on the woman’s person. Other officers arrived and. the would-be murderer was taken into custody. He was now remarkably coo! and actually assisted in fomoving: his wife to the police station. An examination of the woman’s injuries showed that she had received no less than seven wounds, which were in different parts of the body, and in one instance the blade had penetrated one of her lungs. She ways confined to the house for seven weeks and has not yet iully recovered. The sur- geon who attended her expressed surprise that she did not die irom the effecis of her Injuries. ‘The defence was temporary insanit ‘The jury convicted the prisoner 0’ intent to kill, and he was remanded next for sentence. THE WINE TRADE. Clarifying Wine Adjudged Rectifying— Highly Important Decision of the Com- missioner of Internal Revenue—The Vexed Wine Question Settied at Last— To Clarify Wine a License is Required, For several months past the wine importers and dealers have been in a state of considerable excite. ment on account of an order issued by the Commis- sioner of Internal Revenue instracting his subordi- hates to assess and collect a tax from deulers in wines who use any fictitious means of clarilying the same. It was found that nearly all, if not all, were doing #0, and in consequence the usual levy ‘was made by the officers. The trade appealed to headquarters, pending which the collection of the assessment Was suspended, A prominent importer addressed the lollowing letter to Commissioner of Internal Revenue Douglass, asking information on ten points:— sanit with i Tuesday New York, March 1, 1873. The Hon. Grorce 8. Boutweii, Secretary of the trea. sury Deal elty hav: stacie th: R—The attention of the wine merchants of this ¢ been drawn to the fact that there is some ob- wn in their Way by the government in regard to the clarification of imporied wines, and not knowing how tar they can carry on their business in that direc: | tion, Lhave been requested to write to you tor intorma- tion’ in this connection, which, I trust, will be speedily | furnished by you. | First—Are the importers of wine allowed to clarity samet ‘Secoud—Are the importers of wine allowed to use any glutinous matier (not containing spirits) Whatever, in the process of clarification? Third—Are the importers of wines allowed to place their wines in tanks, in order that any impurities said wines may contain shail settle to the bottom ot tanks, and the good wine to be drawn from the top into ti original casks, leaving the impurities to be disposed of w jeisure Fourth—Are importers of wines allowed to mix two wines of a cifferent kind together if the said wines were | ufactured at the same establishment t +ith—Are the importers of wine ailowed in any way to clarity wines? if so, in what manner and subject | to what restrictions ? | ‘Sizth—Are the importers of wine allowed in any way | to purity wines? If so, in what manner and suvjectto what restrictions? 3 Seventh—Are whe importers of wines allowed in any way to mix wines ? Ii so, in What manner and subject to what ‘ictionst i ‘BiyMi—Are the importers of wine compelied, in all of the above-cescribed Lransactions, to procur tifyer's license (the importer not to use spirits in the foregoing transacuous, or any transactions h ter described) Ninth—l the importers of wine are compelled to pro- cure a rectifier’s license in order to clarity, purity or mix wines, what would be the United States for permission v ec foregoing naiure, provided, i ail cases, hat the processes dabove would increase the value oi the goods, .as entered at the Custom House, and consid: ering that ‘the object to which they attain'is simply to restore said wines to the orginal value, as per Custom House records, presuming said wmes to have deteriorated | inconsequence of age and thereby having become un- salable ? Tenth—If the importers of wines cannot conduct a busi- ig nature Wil! you be kind enough to inform them 1 What manner the goverument will allow them to remove the seciment irom said wines—ihe whieh having become worthiess on account thercot—and if they (the importers) are allowed in any manner to im! the condition of damaged wines and under what restr tions? In all the before described transacuions the importer is supposed to have paid all the duties and charges thereon, the same as on wines that are bonded in a sound cond tion. Irespectiuily ak that your answer to this be as exhaustive as posible, in order that the mattcr may be set at rest until the Jaws and the dseasury regulations are altered. Yesterday Supervisor Hawley received from che Commissioner the annexed ictler, which not only explains Itself, bot puts @ quietu’ to the supposed exemption by wile deaiers Irom the iinposed tax- ati) Treascny Deranrarnt, — ) Orrick oF IstyRNaL Revers, Wasninutox, March ii, i873. please’ find copy ‘of w letter { fron he Hon. the Secretary of th Trea y him to this office, relative t Clarification of imported ‘wines, As he has been referred to you for instructions, the fol- lowing is submitted tor your intormation :— ‘The result obtained bY any process of manipniating wines is sufficient to determine whether such process constitutes rectification undér the Jaw which actines & ifier to be any person who rectifles, purifies or retines ed spirits or wines, by &ny process other than by original wnd continuous disti}lation, I! is evicent, therefore, that, to glarify, puri imported wines by the use of glutinous matte bg tus samt uty mks. or bY Ahv of the s pro: | t¥scs described by Mr. ——. by which result ob- tained is 4 purified oF refined wine, will constitute the | importer a rectifier. | in reply to the inquiry whether. Importers are allowed | to mix Wines of difterentkinds, if manuiactured at the sane establishment, or if they are allowed to mix wines in any Way, 3 ed that if the wines are identical in kit not rectification. If, how- y or refine draw- he mixing ver, they are different in kind, even if produced at the same establishment, the reeuit of the mixture is a com- pound oF spurious liquor, and is rectification, L reply nth ingwiry Mat gach yf the several ra of claritying wines deseribed in the enclosed letter and the mixing of wines of different Kinds having been decided to be rectification, the importer will be re quired to obtain a rectifier’s iicense and pay the special tax as such and, having done this, there will be no addi tional cost per gailon to be paid to the United states, matter to what extent the value of the goods may hanced by the operation, provided such wines be not liable under 8 on 48. Tt is not seen how the office can indicate any mett by which the rediment or impurities may be re from wines or by which their condition may be impro that would exempt the importer {rom liability as @ recti- fier, as the very result which itis desired to obtain, as has already been Getermined. woes somutaes rectifica- ne law. Very respectfully, q Hon under the law: | Fey SOUGLASS, Commissioner. Lucian Haw ry, Supervisor of Internal Revenue, PROBABLE INPANTIOIDE. A Dead Foundling at the Door of a Ten- ement House. Coroner Herrman was yesterday called to the Morgue to hold an inquest over the remains of a } mond Park at female child, apparently about two weeks old, ich was found in the hallway of the boarding Sows 73 Third avenue by John tustey, one of the inmates, Sergeant McGiven, ofthe Seventeenth recinct, immediately made efforts to obtain in- formation concerning the parentage of the child, and by whom it had been abandoned, but without success, nO one in the house seeming to know anything about the matter. The cause of the in- n arre: y st be determined by a post-mortem | jail, charged with forgeries Jant’s death mui y ap Re Or the examination, to be made by Deputy Coroner Ju- ushiuan, M, 1, Rolng to bis work, had occasion to,pass Camumexer’a) Kent (2 — MUNICIPAL MATTERS, BOARD OF ALDERMEN, A List of Street Openings Required—The Sixth a Eighth Avenue Railroad Tracks—The Judicial District Courtseq A Message from the Mayor—The Proba= ble Passing of the Charter. The weekly meeting of the above Board was held yesterday, President Vance in the chair. NEW STREETS OPENED. Alderman McCarverty moved the following: Resolved, That the issioner of Public Works ba and he is hereby req to furnish this Board with map or statement si ing the several streets a avenues, or parts of streets and avenues, north of Fifty: pinth street that have been declared opén according ta ven ceded to the city, givi ch ¢ date of such opening or c =e bit earthy Resolution adopted, JUDICIAL DISTRICT COURTS. Alderman Coorer moved That the Law Committee be requested to ret romptly the number of binldings used ae aiisiriet enue in the city, the terms of the tenancy of which term in May next. Resolution adopted, SIXTH AND BIGHT AVENUE RAILROAD TRA The Committee on Railroads recomme adoption of the Jollowing resolution, which waa laid over Resolved, That the Commissioner of Public Works be and he is hereby direeted to notity the Eighth and Sixth tly and severally, to re= cars now run on the we: een Chambers and Wi the said. companies he middle ot the. street h laid in) the middle ot connecting the same with their main track north of Chambers’ and south of Warren streets on which ta a neglect or a refusal ys a pein i Public Works i eccmber 21, 1862, which dit it a single track only through said) e plac en the said Street Come ssioner of Public Works) be and he proved by the May; that “except the streets, includi missi is her have said streets restored to their, former Condition” at the expense of the city, and to sue for and recover trom the suid Sixth and Bikhth Avenue Railroad Companies, jointly or severally respectively, the cost of the work of restoration, MESSAGE FROM THE MAYOR—WESTCHESTER ANNEXA4 ‘TION. The following communication has been received from the Mayor :— Mayor's Ovricr, New Yorn, March 13, 1873. To tie Honorssix rue Conuoy Councit or tak Ome or New York :— Thaye to communicate to your honorable body that my: attention has been called (oan act now pending before the Assembly, being Assembly Dill No. Ta providing for the annexation of certain towns in Westchester county to the city and county af New York. Tain informed that the bill aioresaid is not the same as the bill heretofore resented to your honorable body, and referred to the Yommittee on Laws, but adds thereto an, important pro- vision submitting the question of annexation to the people of the towns in Westchester county, which are contems plated in the act, while it omits to provide for a like suty- Mission of the question to popular vote in the city of New York. As the subject of this vill invokes questions of vital importance to th sts of this city, the annexation which it conten uld not be encouraged without the most natu ation, and to this end the com- mittee of the Assembly which has the matter in charge should be requested to take no action upon. It until your honorable body shall have had the opportunity of ex. pressing the wishes of constituents in regard to it, and of communicating such wishes to that co ‘Yhe subject Is respecttully c tion. W. F. HAVEM: ‘The communication was referred to the Commlt- tee on Law, GENERAL ORDERS AND THE CITARTER, An attempt was made to call up “general ore ders,” when Alderman MONHEMER sug! desirability of withholding the consideration of “standing orders” until the charter passed, The Board of Assistant Aldermen had already about filty “general orders” of the Board of Aldermen re- jJerred to them on which they had taken no action and could not take any, Should the charter pass the city would have to go to great expense in ad. vertising and ip all the other routine pretimin- at aries, It was useless, in his judzment, to continue this futile work by passing “orders” that could not be acted upe Alderman BiLLiNGs provoked some langhter by retting up and stiting tat he did not think the charter would pass, (Great laughter.) Well, a6 any rate, ior a week or two. (Louder laugnter.) Alderman Kocn—Asteor that IT move that thi Board do adjourn, (Loud laughter.) On a yote this resolution passed and the Board udjourned, BOARD OF AUDIT. Allowance of Smail Claims—The Extra Street Cleaning Claim of J. L. Brown. A ineeting of the Board of Audit was held yester- day. The following business was transacted — AUDITED CLAIMS. ‘The claim of Charles 0, Stetson & Sons, amonnt of hotel bill for the jury in the Kosenzwig case, amounting to $282, Was audited, allowed and or- dered to be paid. ‘The claim of William Keivey, for historical papers furnished to the City Manual for 1870, amounting to $318, was audited, allowed and or- dered to be paid. THE EXTRA STREET-CLEANING CLAIM, The CoMPrROLLER reported that the counsel on both sides, in reference to the extra street-clean- ing claim, desired an extension of time, in order that additional testimony im the case might be taken, and he therefore moved that the considera- tion of that claim be adjourned te Tucsday next. Agreed to. ‘The Board then adjourned, THE DOCK COMMISSIONERS, At the meeting of the Dock Commissioners held yesterday the Auditing Committee presented a slatement showing the names of lessees of prop- erty subject to the payment of dock and ship rent. It appears thereby that the amount of rent ac- crued’ for eighteen months, from May 1, 1870, to November 1, 1871, was $630,164; amount accrued: trom November 1, 1871, to November 1, 1872, was $436,178; collected and deposited with the Chame berlain irom May 20, 1870, to January 31, 1873, $1,088,504; amount outstanding in suit and other- wise, $89,916. The amount outstanding has been ‘ reduced since May, 1870, $22,160. Other business transacted was unimportant, ST. PATRICK’S DAY. Preparations on Staten Island for the Celebration. The Convention of Irish societies of Richmond county met at Duffy’s Hotel, Tompkinsville, yester- day and completed their arrangements for the celes bration of St. Patrick's Day (Menday, next). The President, Colonel Frank McElroy, was ape pointed Grand Marshal and Captain John G Vaughan Deputy Grand Marshal; Coroner James Dempsey, Thomas A. McSorley, Charies Morgan, P.T. Kiernan, James Mulligan and Thomas Healy, Aids. ‘The various soc! ties are to meet in Port Rich- 1 o'clock A. M., and march uy the following Guid inounted. nt Police Deputy Grand Marshal and Aids, President aid Orator of the day, in carriage. and. Irjs Legion, ning Guards, “Band, St. Patrick's Society of Richmond, St, Patrick's Society of Rossville. St. Patrick's Society of Graniteville, anil, St Peter's Society ot Now Brighton Rand. St. Mary's Society of Clifton, Band, Ancient Order of Hibernians. Knights of St. Patrick, arriages. Crtizens, in cartiages, The line of ch will be from Port Richmona to Broadway, to Richmond terrace, Columbia st Castieton avenue to Broadway, West New Brighton, Jersey street, Bay street, Pennsylvania avenue to Washington pirk, Stapleton, Where an oration wili be deuvered by Captain Daniel Ry Lyddy, of New York, and aidresses by other promi- nent speakers, Z Besides the many “hops” of the various societies during the evening will pe the banquet of the Knights of St, Patrick, at Adams Hotel, Tomp- kinsville, 5 a ah THE NINBTEENTH STREDT MYSTERY. A yeporter of the Hrratp called yesterday upon Rev. Dr. Lyons, the Jewish rabbi, Whose house, @¢ No.7 West Nineteenth street, @ morning paper asserted, was entered by burglars on the evening of Wednesday. The revereud gentleman expressed much sorrow at the sensational publication, and stated that the only ground for it is as follows:— Young Mr. Lyons, who had @ young gentieman dining with him, about nine o'clock heard the ring of the burglar alarm, and, taking @ candle, proceeded to the garret to mvestigate the cause. On the floor of this garret isa skylight, immediately over the hall, While groping about he incau- tiously stepped upon this sky! it, Which, giving way, let him through, and he tell several eet, upon the stairs below, and broke a thigh bone, from which he is now snffering. Dr. Lyons positively declares that no pistol was exploded, and says that they are unaware of the cause of the “going of’ of the alarm. It the neighbors saw any one running aval from the house he says it must Li) been young Mr. Lyons’ guest hurrying in search 0! @ physician, ALLEGED HEAVY FORGERIES. Burrato, N. ¥., March 13, 1873. Colonel Theodore Tyrer, @ well-known citizen, heretofore bearing the most unblemished rho tion, and a member of the firm of Root & Tyre! druggists, has bee Deen victimized. Tyrer