The New York Herald Newspaper, March 26, 1873, Page 4

4 AEE THE COURTS. THE BOARDING HOUSE TRAGEDY. —_—_--—- Marshal Magruder and His Chivalric Re- sentment of a Slap in the Face—Jealousy and Pistol Practice in Unhappy Com- bination—Ten Years in the State Prison the Penalty. THE HEGGI POISONING CASE. Conclusion of the Testimony—Statement of Heggi—The Case To Be Summed Up This Morning. BUSINESS IN THE OTHER OOURTS. ‘™e trial of Marshal Magruder, who, in retalia- tion fora slap in the face, shot a fellow boarder some two months ago in a Madisen street boaraing ‘house, was concluded yesterday before Judge Brady in the Court of Oyer and Terminer. The result of ‘the trial, fall details of which will be found in our to-day’s legal reports, was convictien of the pris- oner of felonious assault with intent to kill, and his sentence for a term of ten years to State Prison. Ameng the cases argued yesterday in the Court of Appeals was that of Addison Smith and otkers, ‘who petitioned the Supreme Court te vacate the assessment for paving Third avenue with trap block, between 129th and 130th streets, on the ground thatthe ordinance authorizing the work bad not been published in all the Corporation news- papers. The Qourt took the papers, reserving its decision. In the sult of Boody vs. Daniel Drew and ethers, ‘the fall particulars of which were published in the Herawp yesterday, Judge Fancher, in Supreme Ceurt, Chambers, yesterday denied the motion of the plainuim for judgment en the ground ef the frivolity of the demurrer. He holds that such a metton can only be granted where the frivolity of fhe demurrer is clear and where itis evidently merely for delay. The trial of Frederick Heggi, charged with the ‘murder of Frederick J. Siegfried by peisoning, which thas been progressing in the General Sessions for she last week, before Recorder Hackett, is rapidly Mrawing to aclose. A number of witnesses were examined yesterday for the defence, among whom ‘was the accused, who denied having peisoned Siegfreid, and detailed the circumstances attend- ing the deceased@’s departure to Newark and other material facts. Counsel will sum up the evidence this morning. In the United States District Court yesterday, ‘before Judge Blatchford, return of process having been made and no claimants appearing for the fol- lowing goods, they were condemned by default :— Sixty-six pieces of black lace, 382 pieces of silk and cotton gimp, 310 pieces of embroidery amd other articles, seized on the steamer Silesia on suspicion that they had been smuggled. The case of Benona Howard, who has been on trial for some days in the United States Circuit Court, before Judge Benedict, for dealing in counter- Jeit match stamps, was given to the jury yesterday. ‘Up toalate hour the jury had not rendered a ver- ict. Samuel F. Fowler was put upon his trial yester- day, im the United States Circuit Court, before Judge Benedict, for dealing in counterfeit money. The case is proceeding. PENALTY OF PROSCRIBED PISTOL PRACTICE. The Shooting Affair in. the Madison Street Boarding House—Heavy Dis- count on Southern Chivalry—Marshall Magruder’s Pistel Resentment of a Slap im the Facc Not Justified in Our Cold Northern Code—Ten Years in State Prison the Penalty. The large crowd filling yesterday the Court of Oyer and Terminer—Judge Brady on the bench— showed the interest felt in the trial of Marshall Magruder for the shooting of Clarence J. Lock- ‘wood, some two months since, in a boarding house in Madison street, where they were fellow. board- ers atthe time. It will be remembered that en the day previous the trial reached so far as getting jury. The prisoner, with the same calm indiffer- ence as on the prior day, wook his seat by the side bf Colonel C. 8, Spencer, his counsel, while on one side of the court room sat the petite and pretty Miss Jennie Brown, the innoeent cause of the difficulty between her alleged rival lovers, which resulted in the unfortunate shoeting affair. THR TESTIMONY. Alter a brief epening of the case by Assistant Dis- | trict Attorney Lyous Miss Brown was called as the Orst witness. She testified that on Suamday, Janu- ary 19, she was a boarder at 154 Madison street, where Magruder and Lockwoed both boarded; in ‘the morning Lockwood entered the parlor where Magruder and herself and a gentleman were sit- ting, and alter seme talk put a sefa pillow to her face; au altercation ensued between Magruder and ‘Lockwood and Lockwood slapped Magruder tn the face; Magruder became greatly excited, and said it was now the Sabbath and he should nothing that day, but Lockwood must get fixed and pre- pare himself; the next might Magruder came to dinner and sat down; Le looked round and said he missed sume familiar face ; she toid him Leckwood id gone inte the country for a day or two; he then ran up stat On cross-examination she said that Lockwood ‘was 4 much larger man than Magruder, and that he was under the influence of liquor that morning; when he was slapped Magruder became very much excited, and appeared much excited on Monday evening. Miss Neilie Gleason was the next witness, She testified that s! ‘aw Magruder come in em Mon- day evening, and contirmed Miss Brown's state- ment as to what happened there; when Magruder Jeit the room Miss Brown said te Mr. Watsom, “1 ‘Will tell you where he has gone;"? then she t two shots, and all except herself anda Mr. Henry leit the table; in a moment or two Magruder came down with a pistol in his hand and said, “it was Dot my fault that Lockwood had no pistel; I ha ‘warned him that I was going to shoot him and I have done s0;" he then added, “I de not want te be interfered with by man or woman; I want to have my supper in peace.” On cross-examination she said Magruder was a ttle pale, bat did not seem otherwise excited. Jacob Watsen testified to following the prisoner wwhen he left the dinner tabie; saw him fire ene shot over Lockwood’s head and a second one, prhich took effect. OtMcer Williams was next examined, and merely ‘testified to making the arrest. Sergeant Oates testified that Leckwood identi- ed Magruder as the man who had shot him; te so testified that Lockwood gave bis name as Clarence J. * Dr. Fiuerer, of Bellevue Hospital, was next Called, but merely testified as to the nature of the ‘Wounds, which were of @ dangerous character. Seme testimony was offered to show that the complainant had been induced by the prisoner wot te attend the trial, but this was subsequently withdrawn, Omonel Spencer called some witnesses to show Nhe good character of the prisoner. This, he said, vas all the testimony he had to offer. SUMMING UP BY COUNSEL. Colonel Spencer now preceeded to sum tp the on behalf of the prisoner, and he certainly Presented the case in the strongest and most favor- mble light possible. After reciting the facts con- ected with the shooting as developed in the testi- Meny, he urged that the shooting was the result of @ sense of deep injury caused by what was eemed a most aggravated, unpardo: ie insult, a lap in the face in the presence of ladies. The feel- 69 giving rise to his conduct were engendered in almost at bis birth. He had beem born and Teught up in that sectien of the country where resent an insult was considered an imperative wm and marking one as @ poltroen and vceward. He referred to the fact ‘ofthe first shot Gred by the her not being stmed at Lockwood pod that ring the second shot that he evidently i to hit bixn in a vital part. He claimed pagracer hed intended doing was si jt heaped upos him. Altoget! ) presented many po ing to the jury, and he Would acquit him ef any “felonieus Mr, Phel replied at considerabie length, sisted that 1t was Owing to the mercy Cee Ket bh ne dy bags bay pd Cyd neve to sit judgment u; indicted mur- i 1 Targed upen the growing prevalence f this class of crimes in the community. There ras, he urged, no new law required to ul an end NEW YORK HERALD, WEDNESDAY, MARCH 26, 1873.—TRIPLE SHEET, to suck crimes, but the honest verdicts of juries. He cau’ jury against being influenced b; the ohivalric appeals of the ner’s allow themselves to be They shoald not, he said, heodwinked » ingenious devices and cunnini hrpocmaee, le insisted that it was a plain case shooting with intent to kill. It was time that jurors began to wake up to a sense of the bigh and sacred duties imposed upon them and rescue the Courts from longer being a bywerd and # laughing stock. Things had come te such @ pass that he verily believed that if Cain was te be tried today for the murder @/ Abe! he would be acquitted, if @n no other ground on that of emotioua! insanity. After reviewing the testimony be insisted, in con- clusion, that the jury could not do otherwise tian find him guilty of the grave offence of which Le was charged, JUDGE BRADY'S CHARGE, Judge Brady followed in a brief buat clear and comprekensive charge. ‘The deiendant, he sad, was charged with a very grave offence, It was their duty t@ dispose of the case fOlo/y on the evi- denee, The charge against the prisoner was intent to kil, They must be safisied of suck intention before they could bring ina verdict ef guilty, Such intention could not always be determined by actual proof, It was to be detected by all the surroundings of the case. It was often exceedingly subtle and its determination required the utmost delicacy of analytical research. They must take inte consid- eration the weapon used, the mode ef attack, the character of the utterances by (he prisoner, They had no right to assume that he had intended tne natural consequences of his act. The question was whether he had intended to kill Lockwood, This in- tent mightbe found at the momentofshooting. Bis province was to define to them the law and theirs to find the facts. Next tothe fact of the shooting andthe intent they were to determine whether there was justification of the shooting. ‘They must remember that the difficulty culm: in the shooting occurred on the morning o! the day pre- vious to the shooting. A sufticient interval had en- sued for,the prisoner to get over his undue excite- ment and his passions to cool, If he kad intended to kill Lockweod, then he was guilty of the opange: Pee against him. Ifhe intended only te do dily harm and not to kill him, then be was faulty of a felonious assault with intent te do bodily harm. He defined the iaw as relating to these two classes of offences and then recited the facts of the case. There was a quarrel between Leckweod and the prisoner, The former mppoed Magruder in the face, Magruder said, ‘I will shoot you to- morrow.’’ ‘There was no chivalry in such conduct. However itt might be regarded elsewhere, it was not to be _ toicrated here. The absence of Lockwood was net to con- trol their deliberation: he ofeace was against the people of New Yerk. There was violation of law. If the evidence showed that the prisener was guilty of the charge preferred against him it was their Guty to find the verdict the same as if Lockwood was present. They were to give the prisoner the benefit of his previous good charac- ter, and if there was any reasenabie doubt of his guilt togive him the benefft ef the doubt. They must the case solely upon the evidence, and net be influemced by any feelings of sympatay for the prisener. With these remarks he left the case im their hanas. VERDICT AND SENTENOER. The jury at ence retired to deliberate upon their verdict. The crowd still lingered, and of course various speculations were indulged in as to the probable result, Meantime the prisoner, who Seemed the least concerned of any, conversed gayly with his friends. At the end of three-quarters of an hour the jury returned. Their verdict was “Guilty.”? The prisoner was asked if he had any- thing to say why sentence should not be passed upon him. He answered, with laconic nonchalance, “Nothing.” The Judge at once proceeded to pass sentence. A few words closed the day’s drama, Judge Brady, after calling attention to his fair and impartial trial and the verdict of the jury, said he felt it his duty to make an example of bim and sen- tenced him to State Prison, for ten years, the full time allowed by the law. Magruder gave no token of the slightest emo- tion. He listened to the sentence with the same indifferemce that characterized him through the progress ef the trial. Subsequently he shook hands with his friends with as much seeming anconcern as if he was going away on a pleasure excursion. THE HEGGI POISONING CASE. Testimony for the Defence—The Pris- oner’s Statement—Close of the Casc— Counsel to Sum Up To-Day. The trial of Frederick Heggi charged, with caus- ing the death of Frederick J. Siegfried by poison- ing, whieh has eccupied several days in the Gene- ral Sessions, before Recorder Hackett, is drawing te aclose. Yesterday the prosecution called Eliza Roch, who testified that about eight days before Siegfried died Heggi asked her and her husband, at their house in Forsyth street, if they knew that Siegfried had died in Newark and was buried there. Mr. Howe resumed the defence by calling Weeks W. Culver, of the tirm of Wright & Cuiver, lawyers. The witness said they were employed by Frederick Siegiried, the son ef the deceased, to contest his will. The counsel then offered to produce an afti- davit wherein Siegfried, Jr., swore that he was the omly sen of the deceased. ‘The District attorney objected, and, in accord- ance with a recent decision of the Court of Appeals, His Honor excluded the offer, stating, however, that he believed the testimony to be competent. Mr. Culver said that young Siegtried did not say to him two months after his father’s death that he sus- pected he had been poisened; the first time that he (Mr. Culver) heard anything about poisoning was after Heggi was arrested. Frederick Heggi, the accused, was put on the stand and sworn in bis own behalf. He said he Was born in 1812, in the city of Burgdort, Switzer- land, and be first became acquainted with Sieg- fried in the city of Bern, when he was twenty years of age ; the deceased came to this country first, and Hegel two or three years afterward; I am a ma- chinist and engineer by Profession, centinued the aceused, and got the first work obtained in this country at a machine shop in Hastings through Siegfried’s influence; when he visited Siegfried at hfs place in First avenue he saw Caroline Miller at- tending bar; on one occasion he saw young Sieg- Iried have a verbal quarrel with his father, and a long time previous to that young Siegfried received from his mother, in Switzer- land, 3,0001. ; Siegfried went to Newark because the Sheriff was after him in relation to Caroline Mil- ler's suit; the prisoner theught the deceased weut to Newark on the 3d of August ; he recetved a letter from Siegfried asking nim (Hegel) to go over there, which he did; Meggi had two physicians at- tending Bim there; one of them advised him to take a little wine, and he (Heggi) bought a bottle; the accused stated that he never bought any arsenic and never gave it or caused it to be given toa human being; he has been cenfined almost ayear im the Tombs; he lived for five years in ard | apartments in Houston street, and on the top Noor, because he could get pure air; he pei ally went to Dr. Krebei’s brother, who kept an apothecary shop, and told him to send the doctor a8 8000 a8 possible to his (the prisoner’s) heuse; the doctor came and attended Siegiried. Heggi contradicted Mrs, Siegfried by saying that he did not thrust her out of the carriage at Newark when Siegfried was coming to New York; the first time he (Heggi) heard amything about the poisoning Was the Sunday before he was arrested; old Mrs, Siegfned said that the son would have his father’s body disinterred; that it was said he was poisoned; this was two years after Siegiried’s death; he lived all the time in the same house until he has a boy sixteen years old 1D years of age. The accused was subjected to a searching cross- examinatien, lasting fer some hours, by Assistant Distr Attorney Russell. When Siegfried had given kim in his will $2,500 meggi thanked him. mmue! F. Shaffer, the Secretary of the Swiss | Consul, testified that im the latter part of 1868 old | Maty, and doing otherwise as showing a lack of |, Siegiried visited his house and spoke ef his son Fred as being a rascal. Daniel W. Richards, Peter Scharer, Joseph Ed- wards and other witnesses, who had worked ina Machine shop with Heggi steadily for fourteen years, testified to his geed character. Mr. Howe infermed the Court that he had other witnesges to the same branch of the case ; but upon receiving an intuma f the Ceurt that he need net call apy more upon that point the coun- sel called Elizabeth Brenti, who lived in the same house ‘with Heggi, whose testimony was to the effect that she helped Mrs. Heggi to nurse Siegfried from Wednesday night till the time of his death; she and Mrs. Heggi gave him the medicine, ane she never heard the deceased say anything against Mr. Heggi. George Bossart, a wine merchant, testifed that old Siegfried compiained te him about his wife and Son, saying that the latter was a rascal and had squandered money. The witness also stated that he was at the tuneral of Siegfried, that his sen and wife were there, and he never heard any intima- tion about the poisoning of the deceased; Meggi showed witness the letter written by Siegfried re- questing him te go to Newark Joseph Zang, who keeps a liquor saloon and a real estate office under Heggi's apartments, tes- tified tl he advised Siegfried to go to Jersey to avoid Caroline Miller, and helped Siegfried out of the carriage the day ke returned te New York, when he (the deceased) said he was feeling prett: bad; the witness often saw Siegfried take medi- cine out of a bottle which he carried in his pocket, This clos the testimony on both sides, Counsel will proceed to sum up this morning. BUSINESS IN THE OTHEE COURTS, ‘SUPREME COURT—CHAMBERS. Referring Actions—Interesting Question ; of Practice. Before Judge Fancher, Tn the action of Mott vs. Campbell and ethert, which isan action for damage by the plaimtifagainst his brokers fer alleged tertioma, im the conversion of stocks, Judge Fancher, in this Court, yesterday decided an important question of practice. The de- fendamts’ answer denied the alleged conversion and set up a counterclaim upon a balance of ac- count on stock transactions between the parties, i account within the decisions, Marah, go betall of phe olaintiire, moved tor @ compulsory reference under section 271 of the code. Mr. Marbury, for the defendants, the pee A shor tort could not be referred. Judge Fancher denied the motien, poaing that the nature of an action was determined by the complaint, and could not be varied by the answer, and the ares nye inthe present action sounding in tort, nothing centained in the answer or coun- ter ciaim could change it to an action on contract, or deprive the defendants of their constitutional right to @ trial! by jury, Beciai Eocene va. Bangs et al.—The motion to strike out the Afth section ef (he answer is denied, Fry vs, 'ry.—The motion must be granted as to the tenth paragraph or section of the complaint, and as to the other sections denied. Union Dime Savings Institutioa va. Olsey.—See memorandum of decisions. 4 ee vs. Drew ef al.—Motion denied ana $10 ata. SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Van Vorst. Allemanta Fire Insurance Company vs. Prindle et al.—Order for judgment fer plainutl, Groesbeck ys, Olute.—Default, and order dismiss- ing complaint set aside upon cendition that plain- tii, within twe days, pay costs aad disbursements of trial, including trial fee of $30 and $10 costa of motion, and stipulating to try on first Monday of April next. amilton et al. vs. Sledge.—Order that commis- sion issue. No valid objection having been made to Tillyard ke is appointed cormmissioner to take tes- timony. (Vide Harris va, Wilson, 2 Wind., 627; 3 R., 251, |. vs. Wales.—Oraer to amend granted. Barnes vs. Miner.—Motiom denied, with costs. Bauer ys. Althause,—-Order granted, Friedman va. Dewis,—Order epening defauit. Cleany v8. Donohue e& al.—Order for injunction ranted, ‘6 Brown vs, Fisher et al.—Order of reference. eating vs. Bloss.—Motion denied, without cos! Herrmann vs. Herrmann.—Order gramted set- ting aside judgment ef divorce. By Judge Barbour. New York Life Insurance and Trust Company vs, James Pursell,—Judgement, order settled. See memorandum as to findings. COURT OF COMMON PLEAS—SPECIAL TERM. Decisions. By Judge J. F. Daly. Monell vs. a »—-Order settled, 3. M, Davis vs. Riereon & Galpin.—Motion denied. Beer vs. Beer.—Motion denied and tnjunction dissolved on terms, COURT OF GENERAL SESSIONS. Thieves Sent to the Penitentiary for Larcentes. Before Recorder Hackett. ‘Yesterday in this Court Oscar Smith, who ‘Was charged with stealing $99 worth of gold spec- tacles on the 20th of February, the property of Marcus Simon, pleaded guilty te an attempt at larceny. There were mitigating circumstances, and His Honor sent the prisoner to the Peniten- Uary for ene year. Julia Fitzgerald, who, on the 15th inst., stole $50 worth of clothing from Samuel Levy, pleaded guilty to petty larceny. William Davis, indicted fer stealing $25 from Francis W. Doane on the 6th ef Nebruary, pleaded guilty to the charge. Yhese prisoners were each sent to the Penitentiary for six menths, Jonn Ousick and James Dovaghue, charged with stealing on the 11th inst. twenty-four feet of six inch irom water pipe, the property of the De- partment of Public Works, were cach sent to the Penitentiary tor four montis, Abial Swift pleaded guilty to an indictment charging him with selling lottery pelicles. As he had been in prison for along time the Recorder sentenced him to three days’ further imprisonment in the Tombs, COURT CALENSARS—THIS DAY, SvPRENE Covurt—Crecurr—Part 1—Held by Judge Barrett.—Case ep. Part 2—Held by Judge Van B . 998, 1822, L178, 240, 43834, 992 '5, 2 227, 1112, 696, 888, 960, 1122, 1148, 466, 5 ay SB2. SUPREME COURT—CHAMBERS—NOS. 60, 82, 107, 108, 120, 137, 145, 143, 157, 169, 170, 171, 172, 173, 176, 180, 194, 216, 224, 230, 231. Surekion Court—Part 1—Held by Judge Bar- bour.—s03, 815, 411, 2020, 2061, 2059, 1831, 2063, 12: 2 Part 2— held by Judge 1540, 726, 1140, 314, 2478, 2026, 1208, , 1380, 112, 2420, 404, 1552, 1594. Court OF CoMMON PLEAS—TRIAL TERM—Held by Judge Larremore.—Nos. 1598, 1650, Ags 5 1411, 8103, 1743, 2003, 2006, 1634, 612, 613, 7, so2i. Marine CournT—TriaL TermM—Part 1—Held by Judge Gross.—Nos. 1634, 2192, 1564, 1400, 1490, 1675, 1644, 1678, 1886, 1887, 1491, 1184, 1616, 1776, 1782. Part 2—Held by Judge Curtis.—Nos. 1423, 1485, 1078, 1651, 5) 1749, 1779, 1641, 1643, 1191, 1535, ; 1787, 1789. Part Held by Judge Howland.—Nos, 2010, 1128, 1904, COURT OF APPEALS. ALBANY, March 25, 19' Judge Learned, tn the case of the People vs. George Dinsmore, has decided in effect that the Canal Board has no right to make extra awards to contractors wno have found their contracts for canal repairs unprofitable or unremunerative. He heids the acts of the Legislature giving the Beard this power were net passed by a two-thirds Vote, as required by the constitution. Court of Appeals Calender. New York, Marc! , 1873. The following is the Court of Appeals day calen- dar for Wednesday, March 26:—Nos. 20, 21, 24, 293, 4, 43, 45. REAL ESTATE MATTERS. Extensive Public Sales of Property=No Real Activity Apparent in the Market— Widening of Kingsbridge Road. Public sales to the ameunt of $300,000 and up- ‘wards were effected yesterday at the Real Estate Exchange, in this city aud Breoklyn, the most of them, hewever, being foreclesures ordered by de- cree from the Supreme Court. The attendance of buyers was fot over numer- ous and very little spirit was displayed. The bid- ding appeared to be done mechanically. There is positively no activity in the market, contrary to general expectations, The causes therefor are manifold—a stringent money market and the close proximity of the Post estate sale being probably chief among them. Besides, the unsettled state of the weather likewise acts very unfavorably upon the buying ang selling of landed property. WIDENING OF KINGSBRIDGE ROAD. The awards and assessments in the matter of widening the Kingsbridge road, from 155th street to Spuyten Duyvil Creek, have aroused a great deal of indignant feeling among the owners of real estate in the upper part of the island. The awaras in detail are considered as being made in such @ manner as to give rise to a suspicien of favoritism in many cases. The assessinents also are cen- sidered as being very unjustly levied, boon being largely imposed upon property that is not thought te be in tae least benefited by the improvement. It extends down the east side ef the Boulevard to 145th street, thence atong the nertherly line ef that street to the Eighth avenue, thence along the west side of that avenue to the Harlem River, and also embraces ail that part of the island north of 165th street, and extending from river to river. The property owners within this section cannot see in what respect they are or can be benefited by the proposed improvement. The following are the details of the transactions on ‘Change yesterday :— BY MULLER, WILKINS AND co. 4story b. #. b. and |. 110 E 38th st.. ss between Lex- tng ton and Park avs, Jot 20x9.9; J. A. Briggs $26,000 2 story Dk. h. and | 129 W. Broadway, e. s between White and Walker sts. lot 18.9x1¢ hs. (front), BR. hs. (rea: between Broom jams. ftw. of 125th at., lot 26x11 er J lot adjoining the above, 25x10); A. Smith.......... lot & 8. Lawrence st,imrear of the above, 25x10; A. Smith * seeeeweees 2660 ei 2 three story fr. hs. (fro 2two 42 Tots a nd ‘sou Water and Roosevelt, lets together, 34 sy S story DK. le. and 1. 106 6 rs between Sih and 9th ste, lot 20x77.7; Dr. Hafhes...... 25,400 cart he ¢ h. and 5 ., 2126 ft. w. of Sth y.; lot 20.10x100.5; Hurst & Trainer, teeeeee 8,902 Brooklyn Real Ex: MULLER, WILKINS AND CO. 1 a4 ores W~ A. Fi (rear), » betweem James 68.6; Jas. Kelly.. 6,750 %. Sony bes h. Hicks st., lot id 25.6x100, Jot adjoining. 1 store and jot 447 Flatbush av. nea J house and lot 193 Dean st., near Bond 1 house atid lot adjoining.............46 Mr. Haogh N. Camp will sell to-morrow, at the Real Estate Exchange, 111 Broadway, by order of Frederick J. Betts, executors inson, the twe story and attic brick house, 40x40, with ceurtyard in front and brick stable (entrance on Vanderbilt )y Bit nated on the corner of Clinton and Gates avenues. SOOKE 10 170820 THE GREAT BANK OF ENGLAND FORGERY. George McDonnell, the Alleged Fu- gitive, Under Examination. Fanny Gray, Brought from Lon- don, Identifies the Prisoner. HOW THE €NGUSH DETECTIVES WORK. The Prisoner Remanded for Two Weeks to Await the Arrival of the Depo- sitions from London. Am Attachment Served Upon Kelso. Yesterday George McDonnell, one of the alleged forgers upom the Bank of England, who was re- cently arrested in this port en board the steamer Tharingia, was examined before United States Commissioner Gutman, at the Commissioner's office in Nassau street. " Mr. F. F. Marbury aad Mr. Charles M. Da Costa, of the firm of Blatchford, Seward, Griswold & Da Costa, appeared as counsel on behalf of the British government, which bas made a demand for the extradition of the prisaner, Mr. E, M. Archi- bald, the British Consul, was also present. Mr. J. R. Fellows, Mr. Charles W. Brooke and Mr. J. R, Dos Passos attended as counsel for the accused, Mr. Brooke made a number of preliminary objec- tions to the warrant and mandate, all of which were overruled, with the understanding that he might restate and argue them at a future stage of the case, TESTIMONY OF A LONDON DETECTIVE. Henry Webv sworn—I am sergeant of the de- tective police of the city of London; 1 have been fifty-two years connected with the police in Lon- don; I have been twenty years sergeant; I arrived in this city yesterday; I brought a warrant for the arrest of George McDonnell; I have the warrant; the warrant 1s signed by the Lord Mayor, Sir Syd- ney H. Waterlow; he is the chief criminal magis- trate of the city of London. (This was objected to by counsel for prisoner as not the way of proving the fact, The evidence was objected to, but allowed.) I have seen Sir Sydney H, Waterlow write hundreds of times; the signature shown me 1g hia signature; I received the warrant from the solicitors of the Bank of England, Messrs. Fresh- fields, and brought it to this country. Connsel for prisener objected to the warrant because there was no proofof the jurisdiction of the Lord Mayor; and, second, because the war- rant is @ warrant under seal, and there is no proof of the seal; and, third, because there is no evidence of an offence committed within the juris- diction of the British government; and, fourth, because there is no evidence ef its materiality, even if, in other respects, 1t were competent evi- dence. It was-an informal paper and recited no offence within the jurisdictien of the British gov- ernment, There was no allegation of jurisdiction in the warrant; it merely asked that the prisoner should be brought before the Lord Mayor at the city of London, and the Court could not take judi- cial netice ef the fact that the eity of London was in England. The evidence was allowed. Witness said:—This warrant was placed in my hands for the purpose of having it executed. Mr. Brooke said there was no authority given to the witness in the warrant to execute it. Witness—I did not see this warrant signed; I have seen the Lord Mayor write hundreds of times; I know Messrs. Freshfields te be solicitors for the Bank of England, for [have had business transac- bole ine them for twenty years as solicitors of e bank. By Mr. Marbury—Have you frequently had war- rants placed in your hands for execution against offenders in the city of London? Objected to, The Commuissioner—What is the object of the question? Mr. Marbury—To show that the warrant is in the ae form for the arrest of offenders in the city ef London. Mr. Brooke also made another objection to the warrant, as not authenticated by any proper eficer under the act of 1860, The evidence was allowed, ‘The witness replied that he had. TESTIMONY OF FRANCES GRAY. Frances Gray, a fashionably-dressed young wo- man, sworn and examined by Mr. Da Costa. She said :—I resic at 80 Titchbrook street, Pimlico, London; I have known the prisener under the name of McDonnell in Stamley street, London, this year, February. Q. Do you know where he then lived? A. In St. James’ place; I nave gone to his rooms with him; im March of this year [ went to the city of Liverpool at the request of the prisoner, Q. For what purpose ? Objected to, A. I expected to meet Mr. McDonnell there to come to New York with him; I had a ticket; lar- rived at Liverpool on Wednesday or Thursday, 5th er 6th of March; I think it said on the ticket that 1 was to sail in the Peruvian en the 5th or 6th of March. (This evidence was objected to as immatenal, and overruled, Exception taken.) I stayed to Friday night at Liverpooi, and then returned to Londen; Mr. McDonnell did net turn bide Liverpool; I saw Mr. McDonnell the last time in Londen at Euston station, on the 6th instant, as I was leaving for Liverpool at half bl Dine at night; Isaw him in Getty’s at the est End; he called me out and gave me some money te go to Liverpool. Q@ at, it hes bagi did the prisoner say to you in regard to your going to Liverpeol? A. He said he would meet me at Liverpool. ‘ Q. On your return to Londen did you go to the prisoners’ roems in St. James’ place? A. Yes; 1 Went there about nine o’clock in the morning; that was Saturday, March 8; I did not see him there; to-day is the first time I have seen him since f parted frem him for Liverpool; I first be- cone acquainted with McDonnell in December ast. Q. Did you ever see him in company with a man nained Noyes ? Counsel objected to this question, as it was the duty of the Cemmissioner to ascertain, as if he were a Judge sitting to decid je case, whether an e@ffence under the treaty had been committed. There must be legal proof te prove the complicity of Mr. Noyes with the prisoner in the alleged for- gery om the Bank of England. The Commissioner thought the objection well taken, and that the proof at present offered was out of order. Da Cesta said they eould not be held to the strict line of proof in @ preliminary inquiry. They would assuredly give evidence to Connect the pris- oner with Neyes. Mr. Marbury observed that, having taken part in Many extradition cases in the city of New York, he mast say that the propositien of counsel for the prisoner was somewhat nevel. The fight of the prisoner, his being found in this country and not remaining in London to face his accusers were things the Commissiener sheuld take jizance of. y evidence which tended to shew crim- inality of the accused was entirely pertinent in this proceeding. Mr. Brooke referred the Court to the Farez and Heinrich cases, and went on to say that no offence had been proved in the present case. He ob- jected to the admission of the evidence until the forgery was proved. It was utterly inadmissible on the iad what there was no proof of any offence described in the warrant. Mr. Da Costa, in reply to the Commissioner, said that the prisener was charged in complicity with others—namely, Noyes, Warren aad Bidwell—and he proposed to show that the witness had seen the prisoner in company with Noyes in London, and that she had also seen Noyes in the Old oa He Tre! pro} to show the seme in relation to n, who, if reports be true, bad been arrested in Havana, The Commissioner allowed the evidence. Q. Did you ever see the prisoner im company ‘with @ man named Noyes’ A. I did net know his name, but | recognized him in the Old Bailey as the man I had seen Srequentiy with McDonnell; I went th an officer for the purpose of identifying him; the prisomers walked reand, and he was the only one Iknew; the police asked me to tell if I knew him, and I did (photograph aed duced) ; 1 have seen the persen of whom this is @ hotegraph at my own house and at the piace of usiness where I was engaged. (Objected to.) Mr. Da Costa offered to show that this person, Frederick A Warren, was @ person whom witness had seen in Londons with McDennell. Witness—This person told me his name was Theo- dore Bingham; | think he told me he had other pames, but | do not remember them. Cross-examined—I was arrested in London at Fuster station by the ofMicers of the police, Ser- ants Green, Hayden and another; I started from ndom on Thursday week fer this city with Ser- geant Webb; i came here under the charge of Ser. geant Aad he paid my and is te bear all passage, expenses of my rip to this jetty 1 was re- quired as @& itmess; I suppose should have been compelled to come, ; I was told by the solicit- ors to get ready in three hours to ceme; | was arrested and released upon an examination of m: Diets yea pet, val threatened with ah roceed- iL Waa pol, veld. br Une solysiiors Kiya! s bers. ww you had went to the detectiv the soli- e nepioe told me to come next day did not know that I was to go to office before I went to the detective & tleman (a stranger te me) took me ones; ‘T was in the solicitors’ office about hour; Ihave never been in this city pelores when they told me I must sail in three hours for fumericn wise, Sei it Webb I demurred, saying I did not think I t ready; they of- red me no Fg noel : inducement come Tice; should vo come; when I hesitate. an officer came in, and Mr. Freshfields 1 was ready to go; o I ; I would rather not have ¢ Q Yet you expect to get something? Yes, I think se, after ail this trouble: 1 did, not receive Premise that I would get compensation; I do not Temember anything by any one on the subject of compensation. do you expect ¢ to eecotre yee vasation? . talk very little wi Tgeant ject nring the voyage; he said I was wanted to identify McDonnell: I dia him what I was going to say, aal did net know what I was golng to say; [did not tell the solici- tors what I was to say; I came by way of jueenstown with ant Webb; I am ping at the Clarendon Hotel; Sergeant Webb is also stopping there; I intend to go back to London as soon as I can; no passage has been engaged for me; I did not know the name of the person whom saw in the Old Bailey and had often seen with McDonnell. EVIDENCE OF DETECTIVE FARLEY. Detective Farley depesed te the arrest of the rye on board the steamer Thuringia, on the ‘h of March, as she lay off Quarantine; thinks she sails per Havre. Mr. Da Costa asked for an adjournment of the case for two weeks, grounding the request upon the following afidavit made by himself:—That he is a member of the firm of Blatchford, Seward, Griswold Da Costa; that his firm nas received this day, from Messrs. Freshfields, the solicitors in London of the Bank of Engiand, a telegram in which the follewing sentence occurs: “Full depositions, certi- — by onsul, ge by special messenger this even- ng. ir. Brooke submitted that there had been ample time tor the prosecution to get up their case. ‘The Commissioner asked why there had been de- lay ae putting in the depositions taken in Eng- and. Mr. Da Costa replied that depositions were in his pspeemion 5 but he had declined submitting them cause they were not authenticated in accord- ance with the act of Congress, The Commissioner—Mr, Brooks, do you admit those depesitions with the understanding that the mig Ly be Sperwatae Srored. le dan oth . Brooke—No; we are not to supply the other side with evidence? bs Mr. Marbury said it was at the Pita sug- gestion the case had been adjourned until to-day; and as the case was one involving immense forge- ries in the city of Londen, he theught that when the prosecution was acting with due diligence the adjournment asked for was not unreasonable, es- pecially as the evidence for the prosecution had to be brought across the Atlantic Ocean. The ques- tion was whether the prosecution was acting in good faith and with all due diligence. If that was -, the application asked for was not unreasona- le. ‘The Commissioner said it was the unbroken prac- tice in cases of this kind to allow the government making the demand fer extradition reasonable time to make out thetr case. Colonel Fellows asked upon what charge the risoner was held. Where was the proof that he had been in complicity with others? The prosecu- tion had admitted that their evidence was defect- ive, and they had no warrant in law to hold the accused. The affidavit of Mr. Da Costa was defective, inasmuch as it stated that full depositions would be sent from London, but it did not state in what case. Certainty should be required when the liberty of the subject was jeopardized. Even the substance of what the witnesses would prove was not given, nor even their names stated in the afidavit. He submitted that the affidavit ot Mr. Da Costa was ee a the purpose ef securing an adjourn- ment, Mr. Da Costa said that he could supplement his aMidavit by stating that the telegram received by him from Messrs. Freshfields was in reply to one sent by his firm inthe matter of McDonnell. He did not, of course, know the names of the wit- nesses. ' How could he ? After some farther discussion the Commissioner granted the adjournment for two weeks. W/DONNELL’S EFFECTS, _—_ . An Attachment Taken Out by the Bank of England Through Their Attorneys Against McDonnell’s Property—Super- intendent Kelso Makes Affidavit and Reports One Revolver all the Property Seized. In order to secare all the property belonging to the forgers arrested for the gigantic swindle on the Bank of England, the selicitors of the bank in this country,Messrs. Seward, Blatchford, Griswold & Da Costa, caused attachments to be issued against Superintendent Kelso, Captain Irving and Detective Farley for the recovery of. ony repens which might have been taken from McDonnell. COPY OF ATTACHMENT. e Cove, Sections 229 axv 232—Tue Prorie or fhe Stare yr New York to rue Suenirr or tux City any Coun- ty or New York—Grerting :— Whereas, an application has beem made to the officers signing this warrant, by the Governor and Company of the Bank of England, plaintiffs. for an attachment against the property of Géorge McDonnell, defendant, in an action in the Supreme Court of State for said City and County, and upon such application it duly appearing by affidavit that a cause of action exists in said action in favor of the sald plaintifiy against the sald defendant for the recovery of $497,760 in gold, with interest thereon, from the 27th day of February, 1878. and the said affidavit specifying the ammount of the sald claim, and the grounds thereof, and that the said detendant is’ non-resident of the State of New York, and the said plaintiffs having also given the undertaking required by law; now re hereby commanded, That you attach and the property of the said defendant George McDonnell within your county, or so much thereof \- cient to’ satisty the plaintiffs’ said demand of in gold, with interest as aforesaid, together with costs and expenses, and that you proceed hereon in the manner required of vou by law. me JOUN R. BRADY, Judge of Supreme Courts KELSO'S AFFIDAVIT. The Officers served with copies of the attachment at once applied to their counsel, Mr. W. P. Howe, who at ence drew up the following affidavit fin re- ply, which gettles the matter so far as they are cone cerned, e Surnmux Count, Stare or New Youx.—Ciliy ani County of New York.—The Governor and Company of the Ban! oj England ys. George McDonnell. William F, Howe attorney for James J. Kelso. City and County of New York, ss:—James J. Kelso, of said city, being duly sworn, deposed and says:—That he is Superintendent of the Municipal Police in and for the city and county of New York, and that he was served with a copy of attachment (the original of which was issued out ofthis honorable court), by Judson Jarvis, Eagq., one of the Deputy Sheriffs of Mathew T. Brennan, Esq, Sheriff of the city and county of New York, on thé 20th day of March, 1873, at Police. Mead Mul- berry street, in the city of New York, the said attachment issued as aforegaid and served as aforesaid, this deponent states, that he hae not in his pos: session bow, nor has this deponent ev ad in his possession, or under his control, any property of or belonging to‘one George McDonnei!’; nor is there now in deponent’s possession, custody, or control, any property taken from the posession of said George Mc- Donnell, save and except one revolver pistol, taken from the possession of said George NcDonnell on the arrest of said George McDonnell by Captain James Irving, of the detective force ef the Municipal police of the city of New York, on the 2th day of March, 1873, which said revolver pistol 4s now in the custody of said James Irving, at ‘olice Headquarters, in the city of New York, and which ras taken from the said George MeBonnell by said James police oficer during the arrest or a prmoner, cn) St ® e e i % Bree wi “SAMES J. KELSO, Superintend Pelice of the city of New York. Sworn to betore me this 22d day of March, 1873—A, HL Homan, Notary Public, New York county The Sheriff and the attormeys for the Bank of Bngjane were served with copies of these aMdavits by Mr. Howe, and so the matter at present stands, BEN WADE ON ©. M. COLFAX, WASHINGTON, March 24, 18736 To THE EDITOR OF THE HERALD:— Sin—I have just received the enclosed, taken from your paper :— s {From the HeraLp Cerrespondent’s interview with Oakes Ames’ son.) When I asked Oakes A. Ames what he theught ef the Crédit Mobiher business be replied:—‘‘Why just we always did; father had 343 shares of Crédit Mebilier stock in 1868. He wanted to sell 116 shares. He sold it to his friends, some in Con- ess and some out. Mr. Gamalial Bradford, of on, beught ten shares at 95 about the same that father sold it to Schuyler Colfax." ‘What do you think ef Colfax’s answer “| think ‘he has—well, prevaricated. Yes, I know it. Ben Wade told father that Schuler was a nice fellow, but that he had been doing some tall swearing on the stand.” I desire to state that so far ag {he TeMpitch re- fers to me there is not ene word of truthinit, I never doubted that Mr. Colfax's testimony before the Committee of Investigation was the exact truth, and that his explanation of his dealin; with Mr. Ames in regard to Crédit Mobilier stoc! ought to be satisfactory to all candid minds, and I never uttered a word inconsistent with what is above stated. Please give this @ Race, pe yose paper. With great respect, &c. }. F, WADE. John Riley, who had been arrested for intoxica- tion and committed by Justice Hogan, died on Monday night in the Tombs, Deceased, who was a laborer, thirty-two years old, lived at 141 Cedar street. By order of Ceroner Keenan the was remeved ve (he PFE where au Ibaugat WL ve FINANCIAL AND COMMERCIAL, Money More Active and an Advance in the Bates on Call, Dealings Close at 1-32 and Interest. : A Further Advance and an Active Day in Government Bonds. Furor in the '67’s, '68's, Currency Sixes and New Fives, AN ADVANCE IN FOREIGN EXCHANGE. A Recovery and an Advance in the Gold Market, | | An Advance in Pacific Mail Shares and Union Pacific Bonds, A Decline in Erie Shares and Tennesses and Missouri Bonds, WALL Srreer, TuESsDAY, March 25—6 P. ‘uF ‘THE EXPORTS OF THE WEEK. ‘The total exports of domestic merchandise from the port of New York to foreign ports during the week ending March 25, 1873, were of the currency value of $5,200,047. THE FOREIGN MARKET. The London quotations came firm for consolsan@ steady for United States bonds. The '67’s under- went a little reaction from last night’s buoyancy, but to compensate the ten-forties advanced a fur- ther % per cent. Erie shares were heavy and closed at a decline to 52, at which they were stilt above the New York market—62 in Londen being equivalent to about 6534 in ourcurrency. Freuch rentes in Paris were better at 55,70, ‘it MONEY DEARER, The money market was subjected to a recurrence of activity, under which the rate on call advanced from 7 per cent, coin, at the opening to 1-32 a 1-16 per cent at the close. Among the government dealers the rate was: quoted 7 a7, coin, and some of the more favored classes of stock houses got their money at 7 per cent early in the day, but the cases were exceptional. The other extreme was 1-16, which was likewise exceptional; but borrow- ers who went for their money toward three o'clock had to pay 1-32 and interest. The MORE ACTIVE DEMAND is explained by the general hypothesis that the banks are beginning to send money to the intertor for the April settlements. The turn of the ex- change at Chicago has been against New York for several days, but seems to be only temporarily so, while the rates at Cincinnati favor us, and are in- ducing shipments of currency in this direction. Therefore, while weare sending currency into the interior immediately near us, we are likely to gain in the large interchange with the West and South- west. Commercial paper is rather more active, or, at least, buyers are beginning to iook over the brokers’ assortments, but rates are still quoted 9 12 per cent for prime names. _ ADVANCE IN FORRIGN SXOHANGE. The foreign exchange market was firmer, and the leading drawers of sterling restored the rates'to 108% and 109 for sixty day and sight bills respec- tively. ‘The advance was based upon a better ae- mand for Wednesday’s mail, which, in turn, had been inspired by the easier terms for cash gold lately prevailing. The following are the re- vised rates:—Sterling, sixty days commercial, 10744 &@ 107%; d0., good to prime bankers, 108 @ 108%; do., short sight, 108% a 109; Paris, sixty days, 5.3234 @ 5.2834; do., short sight; 5.2434 @ 5.23%; Prussian thalers, 705 a 7144; Antwerp, 5.32) a 6.2744; Switzerland, 5.3234 @ 5.273¢; Hamburg, 94% a 96; Amsterdam, 39% a 40%; Frankfort, 40% a 40%; Bremen, 94% a 95. GOLD STRONG—115% a 115%, Despite the satisfactory return of the exports of Merchandise forthe week the gold market was streng under @ renewal of clique manipulation, the effort being helped by vague rumors from Washing- ton that the new Secretary ofthe Treasury had made another dip mto the box of extra greenbavks. The firmer tene was also assisted by the advance in foreign exchange, and by the discovery in the afternoon of a scarcer supply of cash gold for the three o’clock deliveries, The impression pre- vailed, furthermore, that the clique, having a clear field until near the 1st of May for their operations, were going to make the best use of the intervening three or four weeks to'run up the market and get out of their gold. The course of the market is shown in the table:— seeee 115% + 115% + 11% 8 + 11639 « 115% 4 P.M, . 1b in market the rates ranged from 6 per cent for carrying to 2 per cent for borrowing. The operations of the Gold Exchange Bank were as follows :— Gold cleared. Gold balances. Currency balances.. The Sub-Treasury paid out $58,000 on account of interest and $7,600 on account of redeemed five- twenties. SOUTHERN SECURITIES ACTIVE. A larger business was transacted in the Southern State bonds, the dealings being chiefy in the Ten- nessees and Missouris, at declining prices, The former fell to 80, er over six per cent withinas many days, the reaction beisg an instance of the fickle- ness of speculative semtiment, particularly as im this case the legislation in Nashville the past week has all been favorable to the interests of the Ten- nessee bondholders. The Misseuri sixes went off te 94, doubtless on advices unfavorable to the movement fer payment of the interest in gold. The new South Carelinas were firmer. Continued interest was taken in ol@ North Carolinas, The following were the closing quotations :—Tennessee, eX cOUpOR, 803; a 8M; ; do., new, 80%; a 814; Vir~ ginia, ex coupon, 44 8 48; do., registered stock, old, 85 @ 40; do. sixes, consolidated bonds, 56 a 564%; do. do,, deferred scrip, 14 a 1444; Georgia sixes, 708775 do. sevens, 88 290; North Carolina, ex coupon, 30 @ 32; do. te Nerth Carolina Railroad, 59 a 61; do. funding, 1866, 20 4 23 ;do. ao., 1868, 18 a 20; do., new, 16.219; de., special tax, 13 @ 14; Missouri sixes, 9835 294; do. Hannibal and St. Joseph, 91 9 915 Louisiana sixes, 43 a 47; Alabama Oves, 57 a 60; do. eights, 80 2 85; Seuth Carolina sixes, 30 a 40; do, new, January and July, 1734 a 20; do. do., April and October, 2ha 23; Arkansas sixes, funded, 40 @ 45, THE RAILROAD BONDS. ‘The railroad bonds were moderately active and mostly firm, ‘The chief feature was an advance in Union Pacifics, the firsts selling at 87 and the in- comes at 77, the land grants being’ @ trifle lower. Central Pacifics were heavy, with sales at 103% @ 103%. Central sixes of 83 sold at 94%. The fol- lowing were the bids at the call ag amended by prices in sub: ent dealings :— ew York 1868. New York Cen 6's, New York Cen 6’s.re. New York Cen 6's, sul New York Cen 7's, 76, brie Jet m, extended... te Ast reed.