The New York Herald Newspaper, March 21, 1873, Page 7

“THE BRITISH MINISTRY. : Premier Gladstone Proclaims His Resumption of Office te Parliament. ‘The House of Commons Crowded and a Large Attendance of Distinguished Visitors—The Great Party Chiefs Saluted with Cheers— Cabinet Definition of the Crisis and Its Conciliation—Disraeli’s Exposition of His Position, Duty and Grand Difficulties—From Ireland to Central Asia and Thence to Geneva. TELECRAMS TO THE NEW YORK HERALD, “Loxpox, March 20, 1873. * parliament reassembled in session in the after- * Zloon to-day. The attendance of members of the House of Commonswas unusually numerous, and ‘the galleries were filled almost to suffocation with wisitors, The interfor-of the House presented an junusual spectacle in anticipation of an important communication from Mr. Gladstone announcing the termination of the ministerial crisis by his re- fturn to office. All the benches were filled with Members, and the epposition mustered in consid- grable force. Among the distinguished persons . present were Prince.Arthur, the Duke of Cambridge pnd Prince Christian, Many members of the House pf Lords also attended in the gallery set apart for © peers. As Mr. Gladstone..and Mr. Disraeli entered the Flouse loud cheers were successively raised by $heir respective supporters. ' PREMIER GLADSTONE’S SPEECIL ‘ ‘when Mr. Gladstone rose to make his statement * fhe cheering was repeated, this time from all parts. + pf the House, ' The right honorable gentleman said he was now Bble to acquaint the House with the fact that he ; Bnd his colleagues in office, with Her Majesty’s ‘ermission, were prepared to carry on the govern- ment as before. He explained fully that “it was nly after the party opposite had unconditionally Jefused to form a Ministry that he and his friends ad consented to resume office.” Mr, Gladstone added that the Queen had given him permission to read an.extract froma state- Mment he had made to Her Majesty. It was te the Dfect that he did not sappose that the efforts of * Bhe gentlemen of the opposition to defeat the government were made with the deliberate inten- tion of refusing to organize a Cabinet if it should be required of them; but the summary refusal Biven when the occasion arose he considered not fully in accord with the exigencies of the case nor » wvith parliamentary usage. The Premier’s statement was frequently inter- Tupted by applause, which was warm and long + @ontinued at the close. " Mr. Disraclt explained the course he had thought proper to pursue since the beginning of the crisis, He confessed that the differences between himself andthe Irish Catholics were insurmountable. A ew Cabinet would require until Easter to get into working order. Even then it would have to deal ‘With financial estimates made by its predecessor, Bnd would probably be outvoted every night in Parliament, A dissolution of the Heuse had been Buggested. But why dissolve? Sitting on the op- position benches he and his friends had difficulty fn forming a policy on so short a no- fice; and it was not to be expected that they could appeal to the country without B® policy on questions more important than that of the Irish University bill. There were many questions on which it had been impessible to mature a policy, even in opposition, such as the Central Asian difficulties, the new rules intro- duced into international law by the Geneva Board, the payment of the award for the Alabama claims, the commercial treaty with France and others of equal magnitude. All things considered, he had felt it to be his duty to decline the responsibility of organizing a new government. The Queen herself had suggested a dissolution of Parliament; he had Geclined to advise such a step, and stated to Her ‘Majesty that in his opinion there was no adequate Feasoun for the government to resign, and that it might return to ofice without the slightest loss of honor and to the greatest possible conventence of Bhe public interests, Mr. Disraeli closed with the remark that posst- bly some of his supporters in the House might be QissatisNed, to which there were loud cries of No!” “Nol” Whe Statement in the House of Lords— Ducal Endorsement of Disraeli’s Ge- nius. Lonpon, March 20, 1873. In the House of Lords Earl Granville announced ' the decision of the government in a speech differ- ‘Jag little from that of Mr. Gladstone. The Duke of Richmond defended the conduct of the leaders of the opposition in the crisis. It had been asked, if Mr. Disraeli was not willing to under- take the task of forming a Ministry, why did he Jabor to put the government in a minority in the House of Cominons? He combated the Idea of in- fonsistency, and eulogized Mr. Disraeli, who, he fleciared, had “increased the lustre of his fame as ® statesman by his wise, patriotic and unselfish #ction in the preseut emergency.” CUBA. Ppanish Naval Command—Insurgent Battle with the Government ‘Forces—Trade and Finance—Blackmail by the Way. TELEGRAM TO THE WEW YORK HERALD. Havana, March 19, 1873. Rigada, the newly appointed Admiral of the Spanish fleet in Cuban waters, has entered upon the duties of his position. The Spanish steamer Chickamauga has arrived Jat this port from New Yerk. TRADERS’ OPRRATIONS IN FINANCE. Ata meeting of the Gaild of Merchants it was ecided to apportion the untaken bonds of the ew loan among the merchants of Havana, The parties to whom the untaken loan is allotted will be left at liberty to subscribe or not for the amount which may be apportioned to eaeh, INSURGENT BATTLE WITH THE SPANIARDS, On the 13th inst. the insurgents attacked the ‘town of Larojal. Troops from Holguin arrived and the insurgents were repulsed. Several engage- Ments are reported to have taken place in the Central Department. (The Havana laborantes siaim that the insurgents were victorious. BANDITS AND BLACKMAIL, Bandits are operating in the vicinity of Bata- Dano. Several persons are re ported to have been killed by the band. A battery of artiliery and a Squadron of cavalry have gone to operate in the Nicinity of the Oid Trocua NEW Yo RK HERALD, FRIDAY, MARCH 21, 1873.—TRIPLE ENGLAND. Chancellor Lowe's Budget. Calculations—The Bank of England Forgeries Case—The Anglo- Hiberniaa Riotous Demonstration—Alarm in the Coal and Iron Districts, Lanpon, March 20, 1873. Mr. Lowe, Chancellor of the Exchequer, will pre sent the annual budget about the 3dof April. it will show @ revenue of $350,000,000 and expendi- tures to the amount probably of $355,000,000, THE BANK OF ENGLAND FORGERIES. Noyes, the alleged confederate of the parties who committed the great forgeries on the Bank of England, was up before theCourt for examination to-day. Witnesses for the Bank gave their. testi- mony, and the case was adjourned, the. prisaner being remanded to Newgat FLOW OF BULLION TO THE BANE. The bullion in the Bank of England has increased £53,000 during the past week. RIOT AND COMBINATION, IN THE COAL AND: IRON DISTRICTS, The riot in. Wolverhampton the day before yester- day was between the Englishmen and Irishmen em- ployed in the coal. mines in the vicinity of that town. The trouble had been brewing for some days, and culminated. an Tuesday in an apen con- flict. The autherities have arrested over a hun- dred of the men who. participated in the-riot, A despatch from the scene of the disturbance this morning says there are indications of a re- Rewal of hostilities to-day. The English miners threaten to. strike unless the Irish empioyés ‘are discharged. The shopkeepers of Wolverhampton,. apprehending rioting and depredations, are clos- ing their places of business, and there is much alarm.among the. citizens, SPAIN AND FRANCE. mg tet Serious Correspondence Between the Chiefs of the Republics—Castelar’s Case Against. the Versailles Cabinet—Clerical Combatants and Their Cost. TELEGRAM TO THE NEW YORK HERALD. Paris, March 20, 1873, Important correspondence has passed between France and Spain. It grew eut of certain atroci- ties perpetrated by the Curlist clef, the curé of Santa Cruz. The French government complained that Santa Cruz and his band had killed four French oMicials on the Northern Spanisn Railway and carried four others into the mountains, Sefior Castelar in reply expressed regret at these outrages. He remarks, however, that most of the Carlists were equipped in France, whence they have since drawn supplies of money and provi- sions. The curé of Santa Cruz himself sojourned some time in Bayonne before passing into Spain, And was not interfered with, Numbers of the Car- lists wear the uniforms of French mobiles, and many Frenchmen of noble rank are serving with the insurgents. He states in conclusion that the government is taking all measures to put a stop to these excesses, and recently seized as hostages the mother and sister of the curé of Santa Cruz. FRANCE. Parliamentary Elections—Marshal Bazain Made Ready for Trial. TELEGRAM 10 THE NEW YORK HERALO. Paris, March 20, 1873, Elections to fill vacancies in the representations of several departments in the National Assembly have been ordered to be held on the 27th of April. MARSHAL BAZAINE’S TRIAL. The preliminary inquiry into the case of Marshal Bazaine has been concluded. Nothing has been decided upon touching the manner and place of trial or the composition of the tribunal before whick the case will be heard. The friends of the Marshal are now allowed to visit him, ITALY. The Empress in Italy as an Invalid. a TELECEAM 10 ThE NEW YORK HERALD. FLORENCE, Mareh 20, 1873. The Empress of Russia has arrived in this city. Her Majesty is journeying to Southern Italy, where she contemplates remaining some time for the benefit of her health. BURGLARS IN PITTSTON. The Post Office Broken Into, the Safe Opened and Robbed and Registered Letters Carried Off—Another Establish- ment also Entered and Robbed. PirTston, Pa., March 20, 1873, At an early hour this morning it was discovered that the Post Ofice had been burglariously en- tered, and, upon further examination, it was found that a safe which occupied a position in a back part of the office was blown open and rifled of its con- tents, The thieves must be adepts in their profession, for, in addition to robbing the safe, they ransacked the letters in tne office, and appropriated all those that were registered, only leaving the others in their place. When I visited the office this morning there was a large crowd of persons there, speculating as to the probable manner in which the daring ropoery ‘Was accomplished, The floor was covered with the déoris of lath, mortar and mail pase, and Mr. G. M. Richart, Postinaster, and his female clerk: two pretty brunettes, were completely confused. Mr, Richart informed me that the exact amount of the robbery could not be estimated. The saie con. tained a sum of money belouging to the Episcopal Congregational church amounting to about six thousand dollars and postage stamps amounting to $1,100, which were taken, ANOTHER BURGLARY, Almost simultaneously with the Post Office rob- bery it was discovered that a safe in the office of Charles Pugh was also blown open and rebbed of its contents. A large hole in the ceiling of Mr. Pugh’s office attested the force with which the safe exploded. The explosion was effected by tntro- ducing powder into a smail hele through the door of the safe and probably ignited by a fuze. These daring robberies have created quite a sensation here. It is understood that they are the work of a professional gang of thieves trom Phila- delphia. No clue to their discovery has as yet been obtained. WRESTLING AT THE HUB, Lane and Ainsworth Give an “Exhibi- tion”—The Former Declared Victor by “Long Odds.” Boston, March 20, 1873, An exciting wrestling match came off at the St. James Theatre this evening, between the re- uowned Homer Lane, ef Brighton, and Ainsworth, of Connecticut. The contest was more to see who was the “best man”’ in his peculiar line of aceom- plishments, rather than for any magnificent finan- cial wager. An equal division of the admission money after paying expenses being considered an equivalent. The theatre was occupied by about six hundred of the admirers of wrestling and kindred sports, and bets were numerous and heavy, the odds all the while being in tavor of Lane. At the start, after a little preliminary skirmishing, the Brighton athlete got an inside lock, and both went down, but there was ‘no throw” according to the ruling of the referee, Subsequently Ainsworth Jerked Lane upon his bread basked, and then again on bis knee; but the latter was ninbie and saved himself, finally getting a heel lock on his rfval and bringing him down in @ manner as sudden as It was handsome. At the second scratch there’ was @ period of terprichorean exercises, during which Ainsworth twitched Lane upon his knees and ripped of the collar of his coat, Anotuer one was supplicd and the conrest renewed, when. Ainsworth got & crogs-toe lock on Lane amd brought him to tie floor in the twinkling of an eye. ‘The excitement at this period was liga, and while the sympatiuics of the “large and select’ audience were with the Connecticut contestant, there were few who had confidence in him. An even pet of $5000n Lane and several of $100 against $50 found no takers. \t the third and last tussie Lane went jor an inside loc! da long and poweriut struggie ensued, but Ainsworth resisted it successfully. ‘Then they danced @ Sort Of sailor's hornpipe around the stage, w nding op With Ainsworth wetting the most oi it uu \ogipa the Louars of the contest, THE END AT HAND. To-Day’s Tragedy of Justice at the Tombs. FOSTER’S LAST DAY OF LIFE. The Doomed Man Clings to a Groundless Hope. é THE PREPARATIONS FOR EXECUTION, The Last Effort to Save Him by a. Writ of Prohibition. ‘The seaifold upon which William Foster, the con- dymned murderer of Avery D, Putnam, will this morning surrender his life in expiation of hia ermme, was erected yesterday afternoon in the equrt yard of’the Tombs prison, and at daylight this morning the pulley, rope and clasp will be run through the eyelets and over.the bleck wheels. It 8 @ common-place looking machine, consisting of two uprights aud a crossdsam, with a platiorm of planks beneath it resting on the paving stones OF the jail yard, and is painted a deep slate or lead color, About the ceatre of the beam is a small iron pulley wheel, and near the right hard, shoul- der is another similar wheel At this right hand post an upright box or enclosure, about four feet square and twelve feet high, is built, and in this apartment is suspended the weight which is to act as a counterpoise to the culprit whea the signal of death is given. ‘This weight of about three hundred and fifty pounds will be connected to the main cord traversing the pulleys, but it will be suspended about six feet trom the ground by a stay rope, and the cutting of this suspensory cord will allow the weight to full, thus bring a tension upon the Line running over the puileys, As a consequence the end of the rope to which the clasp and noose are pendant will be drawn upwards with a tremen- dous jerk, and will carry with it whatever object may be at the time attached to it, The object is, of course, to break the neck of the culprit by the suddenness of the upward movement, but the plan is less effective than the “‘trap-drop,” and death usualiy ensues by strangulation merely, THIS ENGINE OF DEATH has already done extensive public service in this city and has, in addition, been toaned te the authorities of other counties in the State, On this gibbet died Bernard Friery, the murderer of Harry Lazarus; Frank Ferris, the uxoricide; Jerry O’Brien, who dreve a fish knife through his mis- tress, the weapon piercing her heart and coming out at her breast; George Wagner, who leit an axe so deeply imbedded in his wite’s skull that it took great exertion to withdraw it; Jack Reynolds, the idiot, whose death falsified his own prophecy that “hanging was played out in New York;” John Real, the assassin of Policeman Smedick, and John Thomas, a negro, who slew a man of his own race, These died atthe Tombs, But the Brooklyn authori- ties borrowed it and used it to execute Gon- zales and Pellissier, the murderers of Otero, anda Rogers, who clubbed the Lie out of Policeman Donnelly, Buckhout, the Sleepy Hol- low butcher, who shot his wife and friend ona Thanksgiving day, paid the penalty of his crime on this scaffold at White. Plains, and it has been used up the river, at various times and places, faras Newbury. A fearful history for so insignifl- cant a structure! Its predecessor is sald te have been cut up for kindling wood, THE SCAFFOLD NOW STANDS In the accustomed positien in the southwest corner of the yard, with its rear to the entrance of the women’s prison, and an awning will be stretched over it this morning to prevent either sunshine or rain from falling on the spectral timbers and to shut the view obtainable from adjacent heusetops. The uprights are eacheighteen feet m highth and the crossbeam is about tifteen feet in length. The rope wil be entirely mew of the best hemp, of four strands and closely twisted. The noose will be attached to the swing-rope by a wrought tron clasp and willbe worn by Foster as he approaches the scaffold. So far as possible ali “note of preparation” was hushed yesterday and save the clatter of the tim- bers and occasional thumping o! mailets no seunds that could be avoided were heard. The timbers fre fastened together with wooden pins and Morticed jeints. FOSTER’S LAST DAY of life was a peculiarly gloomy one, even for a man in his dread position. The cells and corridor of the prison are never cheery looking, but the rain- charged pall of gray cloud that hung over the city yesterday, drepping fitiul sputterings against his narrow window pane, had a depressing effect upon the man and upon all his surroundinys. He re- tired te sleep about one o’clock on the night of Wednesday and slept latter yesterday merning than has been his custom since his cendemnation. As usual, his first visitor was his wile. He ate sparingly, of the breakiast which was prepared for When his wife crossed the prison yard the tim- bers of the gallows lay where they have since been erected, and one shuddering glance told that the unhappy woman divined too truly what tirey | meant, When she had been a litiie more than an hour in the prison her emotious overcame her and she was seized with A SWOONING FIT. Foster’s sister and brother-in-law were present and immed: cud! summoned aid. Restoratives were applied and in a short time she revived, but ve evidences of Severe nervous shock. This was the second time Mrs, Foster has been thus pros- trated, and aroused a tremuleus anxiety on the rt of Foster which he had not previously exbib- ited. On Wednesday night, about balf-past nine o'clock, her fortitude forsook her and she sunk into @ state of unconsciousness. but under the gentle ministration of kind friends, amoag them the pris- oner’s sister, she rallied, and soon afterwards lelt the prison for the home of her premature widow- hood—the torn nest of ber orphaned brood of little ones. FOSTER SECLUDED IIMSELF from the gaze of his fellow prisunera serene with a studied persistency in marked contrast witl his habit of apere days, and which seemed to indicate that he had at last begun to realize that longer maintenance of hope was a delusion. has been his custom hitherto to pass the greater part of the @ay in the corridor with his friends, but most of the tine yesterday he spent in his cell. Rev. Dr. Tyng spent some hours with him in sacred communion, and Kev. Father Duranquet and another Catholic clergymen also visited bim for & few minutes.. Rev. Mr. Schommaker, Chaplain of the State Prison at Sing Sing, also conversed with Foster for a short time, and ed upon him prompt and earnest preparation for the lite hereaiter. It is said by those who have had the best opportunities of observing his conduct that Foster displays com- paratively little outward evidence of the benefits of the spiritual attendance he has received, and It 18 believed that this tact has been largely due to the persistence with woich he has hoped and be- Neved that merciful INTRKPOSITION WOULD COME from some quarter or as the result of some of the many strenuous efforts made in his behalf. These have so distracted and deluded his thoughts that he has not been abie iully to concentrate his mind upon the scheme of his soul's ivation. He never conceded that his body wi In such terrible jeopardy, and even yesverday afternoon had hopes that the attempt to obtain awrit of prohibition would be successful. All the religious interviews yesterday took piace im his cell. LAST NIGHT IN PRISON, Foster’s father did not visit him at all yesterday and will not see him again tn life, He took his farewell of his son on Wednesday night in the privacy of the prisoner's cell. The prisoner’s mother has not visited him during nis incarceration, being an invaiid, and her son to-day 8 from the world with no maternal farewell from those lips that first taught him the prayers he tailed to heed. irs. Foster, the prisoner’s wife, left the prison in company with Foster’s brother and brotier-in- law, Deputy Sheriff Hanbury accompanying her to the carriage. The “a lady was calm, but it was more like the caim of a terrible despair than aught else. It is not known whether or not she will return to take the fimal farewell of her bus- band this morning. They also parted last night in the sacred solitude of the cell, thus avoiding as far as possible any outward manifestation of the grief that overshadows them or of the affection that gives birth to that sorrow, Foster, alter the departure of his relatives, re- turned to his accastomed seat m the corridor near the stove, and engaged at intervals tn conversation with his keepers, Deputy Sherits Hanbury and Seebacher., He spoke but little, however, and seemed to be engaged in deep meditation. His cell door was open near him, but he manifested uo desire to sie ours passed in this way. VB O'CLOCK, MIDNIGHT, yon which he is to die, War- the prison and spoke to the it At TWE tWe verge of the den Johnston visi doomed man. “About what time do you go to bed 7" asked the Warden. den. “Weli. along abgut (gp OF elgven, o'clock, gener, ally,” replied Foster; “that is, when I get sleepy, but lam not sleepy to-night.” No woader he was not sleepy. Twenty feet from oh the gaunt scaifold reared its outlines dimly in ry INKY BLACKNESS OF THE NIGHT, and would be invisible were ;t not for the gleaming of the lamps on the walls in the prison yard. At most he could hope for but ten hours o/ time ere he closed his eyes in a sleep that may endure for ages—the Ge moa of the future, the unsolved problem of wi At one o'cleck this moraing he still sat in his chair, silent, save at rare intervals, but with no signs of fear about him, and nothing whatever of bravado, a quiet and apyarentiy reselute man. When the metropolis this morning reads these times he will be m: ais toilet of death and preparing jor the great mystery which will be solved to him by neonday, leaving the werld be- hind him to ponder on the problem-as it has done for six thousand years. Warden Johnston remained in the prison all night prepared jor any emergency and ready tor the sad work of to-day. Sheriff Brennan visited the prisoner twice yester- day and had brief conversations of a triendly nature with him, as did also Warden Johnson. who has been unremitting in his attentions, so far as they have been of avail, in rendering Foster's position comfortable. ABOUT SIX HUNDRED PASSES, in the form of temporary appointments as deputy sheriffs, “to assist in preserving the public peace," &c., have been issued by Sherif Brennan, and about six thousand applications were made with- out avail. Neariy ali of these permits have been issued to public officiais, physicians and the press, and to such laymen, the jurors and others who, under the law, ure expected to be present. Fronr the peculiar formation of the jail yard about one- half only of the persons to be admiited will be able to witness the execution, The clamor for tickets of admission at the Sherit”3 office yesterday was of a character that reflected ina measure the fearful morbidity that prevalis amoung too many men. Not one of the ap- Plicants probably had any sort of business or even motive in endeavoring ta be present save the brutal desire to sce a fellow being writhe out his. life by a violent. disgracetul, and too frequently un- certain mode of death, As an exatple the follow- ing CURIOUS INCIDENT Will be sufficient, Mr. Theodore Moss, manager of Wallack’s Theatre, happened to be in’ the Sherift’s office about half-past three o'clock in the aiter- noon, and the crowd who were clamoring about every attaché for the coveted mourning-berdered biliéte knew that in half an hour the oifice would close aud with it their prospect of success. Mr. Moss was in oue of the inner apartments, leaning over a desk, and a friend requested “a pass” for the theatre to witness “David Garrick.” The crowd got wind of the fact that he was writing “a pass’? and had authority so to do, and almost instantly he was besieged by a score or two of suppliants, who followed him and begged that he would accommo- date them. It teok some minutes to convinee them that he was running high comedy up town ins'ead of heavy tragedy at the Tombs. The Sherii’s posse oi depaties has been notified to assemble at the Sheriff's oilice at eight o'clock this morning, whence they will proceed .to the prison, two abreast, headed by Sheriff Brennan and Under Sheruf stevens. ‘They will bear their staves of office and wear their shields, both of these emblems being shrouded in crape. A force ofubout three Pundred pelice will preserve order outside the prison, and will be under command of Captain Kennedy, of the Sixth precinct, AN EFFORT FOR A WRIT OF PROHI- BITION. bie aueealiibs Foster’s Counsel’s Last Resource--An In- formal Application to the Judges of the Supreme Court, Yesterday @ finatand desperate effort was made by Mr. Allen, of counsel for the doomed man Fos- ter, to obtain through the Judges of the Supreme Court, General Term., a further stay of proceed- ings in the shape of a “writ of prohibition,” pre- venting the execution of sentence of death on William Foster to-day at the City Prison, Centre Street, by Sherif Brennan. This attempt, which ‘was undertaken as “A DERNIER RESORT!’ by counsel, and with but little hopes of success, proved abortive, but only after grave consideration on the part of Judges Ingraham, Davis and Bar- Fett, of the Supreme Court, now sitting in General Term. When the rumor spread about the City Hall yes- terday morning @ HERALD reporter called at the oflice of ex-Judge Porter, Foster's leading counsel, on Broadway, anc he there learned that that gen- tleman was confined to his home by illness, and that he had abandoned all hope for Foster, believ- ing that there was now NO MOTION LEFT which could be made in Court that would delay his execution. The reporter subsequently learned that Mr. Allen, who was associated with the late Sidney A. Stuart in Foster's first trial, and who, though he now filis the position of Chief Clerk im the Dis- trict Attorney's oMce, has been very much inter- ested In Foster's fate and has appeared for him on several occasions, entered the Sheriff's office at an early hour yesterday morning, and as Foster's counsel asked to see the document which the Sheriff had received from Governor Dix announcing that the sentence of Foster was suspended jrom the 7th of March to the 21st inst. This document, which was addressed to all whom it may concern, and not to any one in particular, merely ANNOUNCES THE SUSPENSION of the execution of the sentence of the Court from the 7th of March to the 2ist inst., on which date it Shall proceed unless further orders should be re- ceived from him (the Governor) to the contrary. After carefully examining this document Mr. Allen went before Judges Davis, Ingraham and Barrett, in their private room, and stated that he did not wish to make any formal metion for a writ of prohibition to open Court if it would be use- less. The circumstances of the case, he said, were too terrible to warrant him in mak. ng any public motion at such a juncture, and he wished to give the Judges time for PRIVATE CONSULTATION and ascertain trom them beforehand what course they would take should the motion be made. He then submitted his reasons for making the appli- catien, which, as subsequently stated to a HERALD rier, were substantially as follows :— ‘hat the order of respite sent to Sheriff Brennan by Governor Dix on the 6th of March last was informal and not an order 0! execution tor two reasons— First—That it commenced with the phrase, “The people of the State of New York, to all whom it may concern,” instead of the usual phrase in such cases, ‘To the Sheriff of the city and county of New York,’ which was, counsel contended, “A MANIFEST ERROR” and contrar: Secona—'t to all precedent. That the whole order should have named the time and place of execution, according to section 19 of an act, in crimes punishable with death, of the Revised Statutes of the State of New York (Banks & Brother's fifth edition, volume 8), which implies that it is absolutely necessary that the Governor name THE TIME AND THE PLACE of the execution when a respite has been by the Sherif for insanity, or by himself for any other cause; and section 11 of the same act, which says:— Whenever any convict shall be sentenced to the pun- ishment of death the Court, or a major part thereot, of whom the presiding Judge be one, shall make out, sign and deliver to the Sheriff ot the county a warrant stating such conviction and sentence, and appointing the day upon which sentence shall be executed. Counsel concluded that the aocument in the hands of the Sheriff was not a warrant authorizing Sherif Brennan to proceed with the execution to- bo the sense of the above statute, It was, he said, nted AN ORDER FOR RESPITE, but not an order naming time and place of exetu- tion. Section 23, page 679 of the Revised Statutes (Edmunds’ second edition), was then sub- mitted by Mr. Allen to the Judges, which positively Jays down that when the execution of a sentence, in which the penalty is death, is delayed for any cause beyond the time appointed by the Court, the District Attorney, or any afficer by hi uthority, shall have the power of bringing the prisoner into Court, or if he be at large have him arrested, and after the examination of the facts have him re- sentenced. ws ‘ A HERALD reporter had a conversation with Mr. Allen, in which he explained what he meant te do in case the Jud; indicated that they would accede to his motion for a writ of prohibition should it be made. It was his intention to move esterday afternoon that Foster be again brought to the Supreme Court, General Term, and have nim resentenced. REPORTER—Would that proceeding involve ad- ditional delay ¢ Mr. ALLEX—Certainly. The Revised Statutes I quoted expressly provide that an interval of not Jess than feur weeks and not more than eight intervene between the delivery of the sentence by the Gourt and its execution. Judge Ingraham actually suggested that, as there seemed to be SOME GRAVE DOUBT about the matter, Foster be brought up to the Su- preme Court, where they could hold General Term and resentence him to death to-morrow. If they should de ttus, hewever, had a stronger motion than ever to make. After several hours’ deliberation and after the Most careiul consideration of the matter tne Judes sent for Mr. Allen and informed him that if @ motion fora prohibition of sentence by Sheril Breanan were made in open court it would be de- nied on the grownds laid besure them by Mr. Alien in their private room. A NEW MODOG COMMISSIONER. WAsuiNaToN, March 20, 1873, E. Thomas, of Petaluma, Cal., has been ap- poited Peace Yoprynissioner, vive Applegute, re- signed, SHEET. Hanging Not Played Out in Massachusetts. Preparations for the Execution of McElhaney, the Wife Murderer—On the Bank of the Dark River. Boston, March 20, 1873. James McEjhaney, a wilful murderer, is to pay the penalty of his crime on a scaffold, In the Suffolk County Jail, to-morrow forenoon, His crime is not Of so aggravated a character in all its details as that of many a man who haseseaped with trivial punishment, and probably if it had not been for the murder epidemic which has prevailed so ex- tensively of late he would have got off with State Prison for life. He’ committed deliberate murder, however, was convicted of it alter a fair trial, and Was sentenced to the extreme penalty. Energetic efforts to save the condemned have been made by some of the representative men of the community, but Governor Washburn, like Gevernor Dix, of New York, believed that the safety of the community required that justice should take its course. THE MURDER AND THE CIRCUMSTANCES. The victim of McElhaney was his own wife. He had been separated from her through the manceu- vrings 01 the inevitable mother-in-law—a Mrs. Rob- erts—and on every occasion when he had tried to have an interview with her the mother-in-law in- terfered. in fuct, she had such control over her daughter that finally she got even her estranged from the one she had sworn to cherish and love. It was under these circumstances that McKlhaney went to see his wife on Winsor street, at the resi- dence of the -mother-in-law, on the afternoon of the 17th of August last. He gained access to a reom where she and their only child were seated, and almost instantly drew a revolver and shot his wile dead, The other occupants of the house, hear- ing the report, rushed in, and the mother-in-law among them. Without paying particular attention to anybody he immediately FIRED THRER BALLS INTO HIS OWN HEAD, and, strange as it may seem, not one of taem was fatal or dangerous in its consequences, They all struck the skull and tore theie way through the flesh, and lodged harmlessly in the side of the room McElhaney was not even rendered insensible by the wounds, but full of a sense of self-preservation, he leaped from a second story window on to the sidewalk and then ran for liberty, An ofticer in the neighborhood, seeing the bloody fugitive, divined that something was wrong, and captured and took him to the station house. He denied that he meant to kill his wife, and insisted that the first shot, like the three which followed, were intended for himself, and this was one of the points ef the delence. Insanity was also urged, but medical men disproved it. That the murderer was aggravated by domestic troubles and a meddlesome mother-in-law is admitted ; but his own personal record was bad, and irom a circumstance which transpired only three days before the murder it is clear that the crime was premeditated. This circumstance con- sisted of the forgery ol a decd of a certain amount of property held by ms wife, and in procuring the legalizing of the deed he had his own sister pete sonate his wife. The natural presumption is that, the wife being out of the way, the property would then fall into his hands—hence one reasonable motive for the crime. THE TRIAL AND CONVICTION, ‘The trial took place in September last, and the accused was ably defended by George Sinnott, a lawyer who received considerable renown by de- fending that deluded abolitionist whese seul is said to be ‘marching on,” The evidence was piain and direct, and the conviction and sentence which followed Were creditable to Court and jury. EFFORTS FOR A COMMUTATION. The anti-capital punishment philanthropists were early on hand and besieged the Governor tor Kx- ecutive clemency. Their chief point was that the murder was the result of insanity, and in order that the question might be settied the Gover- nor granted # reprieve for ove month. The claim’ was not sustained, and eflorts for a new trial then followed, both the Legislature and the Supreme Court being invoked to secure it. All failed, however, and the Governor has ordered that the condemned shall hang to-morrow. Ameng those most clamerous for Executive interference was Weadell Phillips, @nd in his arguments he at- tacked Mr. Sinnott for iatung to properly deiend his client. Mr. Sinnott repiied & jew days after- wards in & public Jetter, which has attracted con- siderable attention. It was caustic and criticisin, to a degree which challenged even the learned Phillips, and he has never attempted to meet its arguments. RESIGNED TO HIS FATE. James McElheney will therefore be hanged to- morrow, at eleven o’clock A. M., should nothing in- tervene. His friends and advisers have given up ail hope of a commutation of the sentence er a re- prieve. Though naturally of @ nervous dis- position, and feeling his situation keenly, the prisoner is resigned and nitent and calmly awaits his end. His only outward manifestion of concern when alone is an apparent involuntary rubbing together of his hands; but not @ word of allusion to his rapidly approach- ing fate escapes his lips to his prison attendants. Since nis incarceratien he has occupied cell No, 29, in the east wing of the Charles Street Jail, but for the reason that it was not 80 convenient to the oficers and less free from interruption he was on Wednesday night removed to cell No. 12 in the south wing. He occupied this cell several hours, when he said he did not feel at home there, an the Sheriff kindly allowed nim to return to his old uarters, for which favor he was very grateful, is father and mother yesterday passed several hours In his company, when HE EXECUTED HIS WILL in their presence, affixing his signature in a clear hand, in marked contrast to those of the wit- nesses to the document, whose sympathies ex- cited their nerves almost beyond control. Last night was passed quiet! and to-day his father, mother, two sisters and @ cousin visited him. ‘Yhey spent an hour and a half in his company and took an affecting and final leave. In part- ing McElheney naturally exhibited more than ordinary emotion, which he soon _con- trolled, however, aiter they were gone. These were the Jast callers he was to receive, and, accord. ing to his own request, none others are to be allowed to communicate witn him _— until his execution, except the eificers of the jail and the three clergymen who _ volun- teered their services as spiritual advisers— the Rev. Messgs, Ray, Scott and Upham— of the Methodist te shat tn Church, the former attending him irom the time the relatives departed until late 1a the evening when the others arrived to administer consolation during the waking moments of the night, Mr. Ray will beeen eet McElheney to the scaffold to-morrow after an hour of devotion in his cell. THE SCAFFOLD which was originally built for the execution of Professor J. W. Webster for the murder of Dr. Parkman, and has been used in numerous ex- ecutions in Eastern Massachusetts, and twice for adjoining States, was put up in the rotunda of the jailtms afternoon under the personal supervision of Sheriif John M. Clark. By his direction the ex- ecution will be conducted in as quiet a manner as oasible, the necessary number of witnesses only peipg present, All tne prisoners whose cells over- look the solemn scene are to be removed to other parts of the structure. A MURDERER T0 BE HANGED IN NEW ORLEANS, New ORLEANS, March 20, 1873, Edward Donnelly was to-day sentenced to be hanged for the murder of Denis Gallagher on the 27th September, 1870. EMILY PAITHFULL AT STEINWAY HALL, Miss Emily Faithfall appeared last evening at Steinway Hall befere a small but select audience, and was enthusiastically received, notwithstand. ing the verdict given her in Boston, The musical efforts were bad, but Misa Faithtull proved herself to be equal to the occasion in her rendition of “Tell,” “The Wall of St. Keyne” and “The Death of Paul Dombey.”” THE BATTLE ROW GANG. One of Its Members Attempts to Murder a Family in Brooklyn. Robert Moore, who is said by the police to belong that notorious Battle row gang, of Brookiyn, E. D., One of whose members (Henry Rogers) murdered Omicer John Donahue, attempted last night to murder a family in Kent avenue, near Flushing. Moore, who is a one-armed pedier, appeared to be crazed with liquor or something else, and it isa miracle that he did not murder some one else before he was caught. About eight o'clock last night he went to the house of James Mc~ Mahon, of 3815 Kent avenue, where he displayed = & clasp-knife, with which he announced his intention of taking McMahon's life. McMahon called assistance and had the f low ejected, He then went to the house of M) Catharine McKnight, 346 Kent avenue, and appeared to be resolved to take the life of some person. He seized Mra, McKnight by the hair, and was just avout to stab her when OMeer Casey rushed in, knocked him down and took the Knife irom him, Moore made a desperate resistance, and the ofticer was compelled to Clab him over the head betore he could take him into custody, He was locked UW, jn the Fohirth prequel, glation house to await Gx,dmi- natin. >> 7 See THE MONTREAL FYBE A Body Found in the Ruins and Identie fled. MonTREat, Canada, March 20, 1873, The remains of @ man Were jound in the ruined portion of St. James Hotel this morning. The body has been identified as that of Mr. Hyatt, travelling agent. He was found ina water closet. on the fifth floor of the building, and had evidentiy been suitor Died. Cunnrncram.—In Geddes, on srnessay, March Is, at the residence of’ her nephew, Rey. P. F. Smith, ANN J. CUNNINGHAM. Funeral from the residence of her sister, Mrs. D. Smith, 12 Mitchell place (ast Forty-ninth street, this (Friday) aiternoon, at ene.o'clock. (For Other Deaths See Ninth Page.] THE WEEKLY HERALD. eve BML a ia The Cheapest and Best Newspaper in the Country, The WEEKLY HERADD of the present week, now ready, contains a select Story, entitled “The Queen’s Cadet,” together with the very Latest News oy Telegraph from All Parts of the World up to the hour ef publication; Governor Dix’s Auto- graph Letter to Rev. Dr. Tyng, giving-his reasona for not Commuting the Sentence of Foster; Exe- cutions in [linois; St. Patrick’s Day Celebration in this City; Bloody Tactics of the Reed Republicans in Florida; Battling in Cuba, and the Progress ot the HERALD Special Commissioner; a Philadelphia Tragedy; General John OC, Fremont’s Explanation of his Relations with the Memphis and El Peso Railroad; a Banking ay ie dl Important Life in- surance Decision ; Naval Intelligence; Expulsion of Rev. Dr. Husten by the Baltimore Conierence of the Methodist Episcopal Church, South; ~the Mo- docs, and Central and South American News. It alse centains the Latest News by Telegraph from Washington; Political, Religious, Artistic, Fashionavle and Sporting Imteligence; Obituary Notices; Varieties; Amusements; Editorial Ai ticles on the prominent topics of the day; Our Agricultural Budget; Keviews of the Cat tle, Horse and Dry Goods Markets; Financial and Commereia! Intelligence, and accounts ef all the important and interesting events of the week, ‘TERMS :-—Singie supscription, $2; Three copies, $5; Five copies, $8; Ten copies, $15; Single copies, tive cents each, A Jimited number of advergscments inserted in the WEEKLY HERALD. Hale’s Honey of Horchound and Tat overpowers ‘The most troublesome cough within ferty-cight hours, PIKE'S TOOTHACHE DROPS cure in ope minute. A.—Of the Advantages Derived by Deal+ ing direct with the manufacturer In, preierence to mere venders, in order to obtain superior tabries at a leat rice, Na one at this day cam possibly be igngrnt. » ESPENSCHEID, Mauuincturer of gentlemen's LATS, 118 Nassau sireet. A.—Herring’s Patent CHAMPION SAFES, 251 and 252 Broadway, corner ot Murray strest. A.—Herald Branch Office, Brooklyn, corner of Fulton avenue and Boerumsitesn Open trom 4 A. M. wd P.M. On Sunday from $to 9 P. M. A Warwick or Elmwood Collar wil}- fit better and wear longer than any other., Try them. At This Season of the Year-No One should neglect taking RUSSIAN VAPOR BATHS, at @ East Fourth street. Braunsdort & Metz Have Removed their large stock of first class CABINET FURNITURK, DRAPER Ed, &c., from 125 Rivington street to their new and clegant buildings, 483 and 435. Seventh avenue, near ‘Thirty jourth street. pes Batchelor’s Hair Dye—The Best in the me The only true ani perfect dye. All druggists sel Cristadoro’s Excelsior Hair Dye Trans forms hoary heads into youthtal ones instantaneously, Sold everywhere. ca Cloverine Entirely Supplants Disgust- ing benaine, possessing none of. its disagreeabl: propos, ties, but.all sts usefuiness. Gentlemen’s Hats. Spring,opening, Unique, artistio soagonable, Pull dress, undress, travelling and Completeand attractive variety imple! A oe All taste: ited. Perfection our aim, Reasonable accomplishment attained WARNOCK & CO., Hatters, Et Broadway. Jacquesson Champagne Carte Bianche, in prime order, quarts and pints, now in bond, for sale in lots, to close atl account, ef $16, currency, per case. 8. M. SAUNDERS, Wine aud Spirit Broker, paver st. “Married In Mask”—A New Story by Mansfield Tracy Walworth, is ‘now readg,in the NEW YORK WEEKLY. Royal Havana Lottery.Prizes Cashed. Circulars sent. J. B. MARTINEZ & CU.,.10 Wail street, Post office box 4,935. vin Royal Havana erry ew, Scheme now out. Orders filled, prizes cashed, information cucy nished, Highest rates paid tor Spaniah billy, &c., TAYLOR & CO., Bankers, 13 Wallstreet, New eo. York. Royal Havana Lottery.—Cizculars and) intormation furnished. Post office box 1,546. R. ORTEGA, No..9 Wall street. Texas Ja he Livin. forming with Buffalo Bill ai of “The Scouts of the Prairie, NEW YORK, publish this day, TURNING POINTS IN. LIFE. the Rev. Frederick Arnold, B. A., of Christ church, Uxtotd. T2mo, cloth, $1 7. Every thoughtful reader will welcome this attractive volumé as @ most delightful and valuable addition to.the number ot books which are pleagant and profitable to. take up In moments of leisure, 98, suggestive aids to.re- flection. Open it at any page, he will find someth engage the mind and awaken the r purpose is to show that in what men generally regard as mere chance work there is often order and design; that Whatis called the “turning point) in life is simply an oc casion which sums up and. brings to @ result previous training, and that accidental circumstances are nothing exceprid men who have been educated to take adVane tage of them. This view of lite is illustrated and enforced by examples drawn from the expericace of sugcessiut and unsuccessful men, presented in a very attractive entertaining manner.’ The style of the book is quiet conversational, without ever inpsing into commonplace or dulness. A very full analytical index adds grealy to the interest and value of the volume. I. GODOLPHIN, ‘A Novi By Edward ®ulwer (Lord Lytton). New Edition 8vo, paper, 60 centa. 70 THE BITTER END, A Novel. By Miss M Author of “Anrora. Floyd. E. Braddon, “Dead-Sea, Feuit,” “Joho Marchmont’s Legacy» “Birds of Priy,” ke. Husated. 8vo, paper, 75 cents. Miss Bradsion {s really improving. End” is as good a piece Of work as w remember to have had from her. Itis care ten, and even rewritten, and yet is full of rough vigor and dash, the keen. sense of the w Jeasures and enjoyments of life. The love of greet Keidy and blue skies and pleasant gardens, und. the quick impatience of all that ts hollow aud conventional, ong experience has strengthened M on's band and improved her touch. ‘There is ma t and lose striving for It. * * * ‘As for the story itself, it is suf ciently simple, and here and there is told yery preutily and naturally, and with evidensiesjing. + * & It las in short, all Miss Braddon’s@inerity—all that genial, com. fortable’ good nature and love of pleasant places and Pleasant people, which never leave her.—Atheneum, ondon No living’ novelist equals Miss Braddon in fecundii and fresbitean Ss SComnpasing “fo the Bitter bude with almost any of its recent predecessors, we find the Same sustained individuality In the characters, the sane ingenutty im the working out of effective situations and the same scinullations of hamorwhich have marked Mise Braddon’s books trom the frst to the last ard, jon. “To the Bitter w we ye ARPER & BROTHERS will.send either of the above. watts mail, postage prepaid, to any part of the United States, on receipt of the price, [J UMOROUS AMERICAN WORKS—ILLUSTRATED, With Iiumtnated Covers snd Beauttfulty Tiustrated, PRICE SEVENTY-FIVE CENTS BACH. jor Jones’ Cou: . 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