The New York Herald Newspaper, April 3, 1873, Page 7

Theg to'ean your attention to the followmg facts, which you can undoubtedly present to your readers im such 8 manner as to lead to @ proper spprecia- ton of the orimina) cupidity of this “White Star Mne”—can’t you change its name to the Black Star apd Death’s Head line? - Pirst—Look at the allowance of time from day of from Liverpool to of departore from of ne eer Livsepoos ines. durwg Yor! le — iy" BEte: uous. allow an crags af 21) lines are experien: Gomment seems almost su} Four daye. All ced, long es and qualified in the highest degree te form a safe judg- necessary allewances for Wintry storms. Feo.new: tne, wi their brazen effrentery, reduce ‘safe practice of the old lines by nearly six days. ‘The White Star line carries the United States mail from New York, and hence it is avsolutely neces- @ary that they hurry their steamers I storms to their utmost speed in order to their schedule time. The Inman line three by the Whi They abandoned the six- teen we schedule, and have for two Winters allowed twenty-three ‘anaes ae the managers of i ‘the White Star line j in thus recklessly ig- noring the experience and practice of one ei the oldest lines? Seoondly—The question of coal supply. It is but perio apreetpend An caution rains yoo A supply equal to average trips of the steamers. PProm the newspaper reports of the ar- rivals of the ships of this line I find that the aver- age time of eleven westward voyages during Jan- wary, February and March was eleven days, sixteen hours; yet this steamer’s supply was only cal- calated jor enough to reach Halifax, nearly three 8 irom New York. But, worse than all, the Jast two trips of the Atlantic were eaeh thirteen 80 that the managers of the line must have that her supply of coal would probably take her onby to Halilax. Let us put aside all theoretical disputations about the relative length and breadth of ocean steamers sa consider on) the 1 rechiesanees of = management as proven e al Shere, aot enough bt criminal cupidity to condemn ie to everilasti famy? Perhaps re is now fuente state of pub: Me feelit as will allow also @& ques- tion ‘about the geod judgment or bad used in despatching the steamer Adriatic inmid-Winter with abroken pro eller. Wecan now calmly ask what would have mn the eonsequences if she had Met as serious a storm on the eastward passage fag the one that broke the propeller? Is it not barely possible that she would have been left at the mercy of winds and WAV Aa ra @ probability of never being heard frem?’ To be sure she made ry ick passage, and there was a great hurrah excitement, and all questions of prudence and decent caution were thrust aside. | ‘Will the public continué to encourage such mur- @erous m: ment? Certainly not, if the great power of the press is not bought up to conceal and varnish the truth. The above facts have never ap- red in this form, and as they have formed the is Of many a dispute with my iriends and many @ prophecy of impending evil I trust that you will roughly ventilate them. Ishall be glad to place at your disposal all that I have Rar to the mat- ter. E. W. BULLINGER. AMUSEMENTS. a Sa il Baty The Thomas-Rubinstein Matinee. ‘The absence of Wienlawski from the Steinway Hall matinée yesterday was amply compensated for by additional selections played by Rubinstein and the orchestra. The great pianist appeared in the most favorable light ina nocturne by Field, ‘Auf dem Wasser,” Liszt; ballad, Chopin, the “Eri King,” and march from the “Ruins of Athens.” Men- @elssohn’s concerto in G minor formed the feature im the first part of the concert. The orchestral ‘works performed were Beethoven's overture, ‘Le- onora,”’ No. 3; overture, ‘‘Tannhiuser,”’ ““Trium- erel,” Schumann, and Liszt’s ie polue, “Tasso.” ‘The works chosen by Rubinstein were those which might be called the most popular in hie répertoire, His rendering of Schubert’s “Erl King” and the Beethoven march can never be for- gotten by those who heard him. The orchestra cannot be too highly praised for their interpreta- tion of the works ‘anelgned tothem. It seems now to be asettied fact that Liszt and Wagner shall ‘occupy & permanent position in all our orchestral programmes, while Haydn, Mozart, Weber and other great names are permitted to grow into disuse. Had Liszt contented Rimself with the standard rules of art, which are scarcely transgressed in “Les Préludes,”’ he would not cut such a ridiculous figure as at presentin the world. In this work he is truly great. Itisthe only thing he can point back to ‘with pride. Probably, in his present crazy mood he regrets ever having written it. Such is one ef tne evil results of communion in music. Poor Weber! How he is abused and looked down upon Dy the sans-culoties of the school of the future, nd yet to him are they indebted for whatever that can be found in the temple of their Baal. Der Freischtitz,”’ “Oberon” and ‘“‘kuryanthe” con- tain more real music than a milliard of trilogies. ‘We meet his sharp, well-defined teatures, once seen mever te be forgotten, im those portions ef modern works which are at all tolera- bie. Wagner and Liszt use him liberally, but they generally decorate him with the cap and ‘Dells of the professional clown. To the mind of the Fight-thinking musician, afcer listening to this mécanisme of Liezt and Wagner, naturally occurs the thought “whither are we drifting?” It isa mistake to imagine that these people can ever lead the world by the nose. They have follewers of the Len — ps ae ae Pada all listen great and grand in art, but so religion dohn of Leyden and Joanna Seuthcott. ‘The last concert takes place this evening, and a Very cnoice bill is prepared. sical and Dramatic Notes. ‘Mme. Lucca and Miss Kellogg have been singing in Baltimore this week. ‘The Fabbri {talian Opera Troupe closed their sea- gon at the California Theatre, San Franciseo, on the Aéth, with “Der Freischttz.”” _ Miss Helen Temple begins her series of star en- gagements for the Spring and Summer season at ‘Trimble’s Opera House, Albany, on the 7th of April. Mr. W. 8. Andrews, who was the low-comedy man at the Winter Garden Theatre, is to lecture on “Dialect Humor” at Association Hall to-morrow evening. A fonny feature, or, rather, the fanny features of ‘the representation of the “Scouts of the Prairie,” at Niblo’s, on Monday evening, was or were the faces of the street Arabs, who came early and got the Dest seats in the family circle, All round the circle they were nearly ef the same size and age, but dif- fered wonderfully in style and shape. Next week a sketch entitled “Micawber,” by George Fawcett Rowe, the English actor who made @ great success in ‘‘Little Em’ly,” in London, will be produced at the Union Square Theatre, with Mr. Rewe in the title part. The piece is to be played 4n addition to “Cousin Jack,” which keeps the stage Tor a week longer. ‘The Cincinnati Musical Festival, which is to take Place in May, will be under the direction of Mr. ‘Theodore Thomas. The orchestra will number 108 Pieces. The soloists engaged are Mrs. Emma R. Dexter, of Cincinnati, soprano; Miss Annie Louise Cary, contralto; Mr. Neison Varley, tenor; Mr. J. . Radolphsen, panitone; Mr. M. W. Whitney, ‘Daazo. NEW YORK CITY. stehnnlntatiis James Healy, three months old, fell from his Mother's arms inte a pan of boiling water last ‘Right and was fatally sealed. : James Green, colored, of 101 South Fifth avenue, a@ied last ht while being conveyed to the Col- orea Home 1a medical treatment, 4 ei The New Yerk Juvenile Guardian Society (not the Children’s Guardian Society) is that under the tronage of which the newsboys and noot- 8 received their last warm dinner on the philanthropist, author and editer, Mise Emily Faithfull, will deliver her last Meetare in America this (Thursday) afternoon, at ‘two o'clock, in Steinway Hall. She has chosen a subject ‘very suitable for the occasion, without losing sight of the cause she jong since 80 Warmly espouse: It is entitled “Last Words on the ‘Woman Question.” Miss Faithfull deserves a Splendid reception on this her last appearance before the sympathizing intelligence of New York. ‘The Church of the Disctples—the new church built” for the Rev. George Hepworth, on the corner of Madison avenue and Forty-fifth street—will be @edicated this evening at half-past seven o'clock. ‘The building is a very aoe one and has a seating ity for bead persons, but if necessity arises the house will hold 8,000. The exercises to-morrow evening will be of a most interestin; ds expected that a great crowd will ‘The distinguished nature, and it present. ‘The directors of the German Immigrant Society, Sigismund Kaufmann presiding, held a meeting at 13 Broadway yesterday afternoon, when reports ‘were submitted showing that during the past Moath 6,773 German im ‘ants wore, landed at ‘this port, making a total of 11,776 since the Ist of Janvary, a falling of of 206 as compared with the Bret r of last year, During the past month were expended in aid of German immi- #7anw 10 Door and agedy croumstences, THE CHATHAM SQUARE HOMICIDE, Trial of Michael Nixon for Killing Charles M. Phyfer Ended. He Is Found Guilty of Murder in the First Degree. ‘Sentence To Be Passed Upon Him This Morning. Closing Testimony in the Case and the Clos- ing Incidents of the Trial. It is very evident that the trial of Michae) Nixon for the alleged murder of Charles M. Phyfer has ex- cited @ general public interest. The peculiar cir- cumstances of the cage and the important issues involved in the result as regards the present fear- legs extent of lawlessness in the city and reckless sacrifice of human life on the slightest real or fancied provocation, were of a character calculated to excite such popular attention. Accordingly, on the reassembling of the Court of Oyer and Terminer yesterday morning there was a much larger attend- ance than on the previous days of the trial. Judge Brady, the universally prompt, as well as courteous and dignified Judge, took his seat on the bench at the appointed hour, and a like promptness of attend- ance characterized the jurors, who came in a body, having been kept together all night; Mr. Phelps, the District Attorney, and Assistant District Attor- neys Russell and Lyons, and last, but not least, Mr. William F, Howe, the counsel for the prisoner, and his associate, Mr. Abe H. Hummel. The prisoner, his wife and two children being in attend- ance with him as on the former days, took his cus- tomary seat behind his counsel, A new feature ‘was the presence of the widow of the murdered man and her four small children, FURTHER EVIDENCE FOR THE PROSECUTION. ‘The examination of witnesses for the prosecu- tion was resumed. The first witness called was William Kress, boy. He testified that he was present in Chatham square at the time of the shooting; he was the first person who caught the gray horse after the deceased had been shot; at that time the whiffletree was attached to the har- ness of the horse, hanging down; some man ap- proached—a stranger—ana took it off, placing it in the wagon. Cross-examined—He was quite positive that another man placed the whifletree after taking it from the horse; it was: placed in the wagon be- longing to the individual who fired the revolver ; the whiffetree was put in after the wagon wasbrought back, after the arrest of the man who was driving. Patrick Brady, the car driver, recalled:—He tes- tified, additionally, that there was no one holding the horse when the man fell off; so far as he could recollect, the whiflietree was suspended irom the harness; witness did not notiee the boy holding the horse. Charles Tully, the next witness, testified that he observed the prisoner come in at one door of Lindman’s, where he was employed, and, without waiting more than a few minutes, pass out another door. Oficer Magrath came to the scene of the killing goon alter the shooting occurred; he did not see a whimetree. Deputy Coroner Joseph Cushman testified—Made @ post-mortem examination ef the remains of Phyfer at the Centre Street Hospital, where he had been brought after being shot; a pistol ball was found embedded in the brain and a wound was dis- covered in the face, near the nose; the ball took a course trom left to right, on @ level with the brain; when the shot was fired the weapon with which the deed was done and the head of deceased must have been on a line; in the opinion of the witness death resulted from shock and Jaceration of the brain. ‘MR. HOWE'S OPENING. The District Attorney having announced that the case for the prosecution was closed, Mr. Howe pro- ceeded tosum up. He said that no one felt more deeply than himself regret at the melancholy circum- stances that through the act of the prisoner at the bara wife had been widowed and four small and helpless children left fatherless. While he would not repress their sympathies in this direction he would nave them feel proper sympathy for the wife and little ones of the prisoner, who only took the lite of Phyfer because his own was imperilled. All be asked at their hands for the unior- tunate prisoner was justice. He was well aware, as had fallen from the lips of the learned Assistant District Attorney in bis opening, that there was blood in the air, that the air was impregnated with murder and that crime stalked boldly throughout the city. He stood ready to show that the prisoner was not a lawless ru and that, while he was eng in a legitimate business and earning an honest livelihood for bis wife and little ones, the deceased unhappily placed his life in imminent peril by attempting to kill him with a terribly deadly weapon—a whiMetree—a weapon far more deadly than the car hook with which Foster kuled Putnam. Nixon tried to get out of this man’s way. ‘The deceased struck at him two or three times, and finally, when the former was about to _ strike him @ death blow with this terrible weapon, he pulied a pistol froth his pocket, fired, and the deceased fell In death agonies from his horse. It was a terrible thing to do, but it was what either of them would have done under the same circumstances. Fron first to last the prisoner had not denied the shoot- ing. The evidence he was about to offer would put an entirely different complexion upon this homi- oide than the reports published at the time in the Rewspenare, Thay ware to be guided by the evi- dence and upon this give their verdict. He asked no favor, no undue sympathy. He was bold be- cause he had a true and honest defence. ‘TESTIMONY FOR THE DEFENCE. Henry Eckiord was the first witness called. testitied that he lived in Newark, ; he was in | this city on the 2ist of last Janu: ie saw the shooting; he was on the sidewalk; aman on a gray horse was by the side of a wagon in which was man; the man in the wagon told the man to get out js Way; the man on the horse raised a whii- fletree and struck at the man inthe wagon; the latter told the other to stop that er he would shoot him; at one time the horse went in front of the Wagon; they seemed to be in a quarrel; very soon he heard a report of a pistol; he did not know the prisoner never saw him untill coming into Court; he could not identify the prisoner as the Mian in the wagon. Cross-examined—He wasa gardener; he came to New York on the day of the shooting ‘o see a friend off to Boston; he was coming trom the de- pot when hesaw the shooting; a young man named Cummings, @ horse t rader, now im ) Was with him; he had not been {n New York before for nine years; what first attracted his attention was hearing the men quarrel; the wagon when he first saw it Was on the railread track and headed down the square; the man on the horse was comin; reund in front of the wagon; the moment the sno’ was fired he left; he saw the man who was fall from his horse; he did not hear him say thing; he did not see the shooting; he could sw that the man on the horse struck twice the man in the wagon; he could not sa; whether he strack with one hand or both; he di not think he struck anything; the man in the wagon retreated to the end of an account of the shooting in the papers; the affair Was 40 misrepresented in the ates that about a menth after he came to the city and called on Mr. Nixen’s wife and told her the facts and she took him te Mr. Howe; he came from Engiand to this country thirty years ago last August; he first went to Moutreal, thence to Utica, where he staid a few weeks, and then to ‘Newark; he worked a long time for Professor Mapes; he never went by an- other name; he was never arrested for counterfeit- ing. Fy0n are barking up the wrong tree,” said Mr. lowe. William Henry Johnson, a colored man, was next sworn. He was a whitewasher, and “did anything he could get hold of to * on the nig! it of the shooting he was in Chatham square; he saw an ooee jon between @ man on horseback and a & Wagon. RB wnat Io" ‘you mean by altercation ?”’ asked Mr. re. heard them 1 ant (Laughter.) 'W hat next did you hear ?”” “The feliow in the wagon told the fellow on the horse to get dut of his way; the other fellow would not doit, but twisted round on his horse, and with ‘a big stick or something struck twice at the man in the Wagon; at this time the man in the wagon ‘was in the back of the wagon,” “What next ?” pursued Mr. Hewe. “4 saw there was going to be a muss, and I left.” (Laughter) Cross-examination—He lived in 13 York street; he occupied a back attic room; he whitewashed principal for a living; he lost a $10 job Pees ere; on the afternoon of the shooting he had been looking for & job. “Where was the wagon ?” continued Mr, Phelps, “in sug wigect.’? Laughter.) He | e wagon; he read | jt he was in danger, then he would be justified. | guarantee of protection. “Where was the man on the horse ?”” “On the horse, of course.” (Increased langhter.) “Well, what occurred between the two?’ “They had @ scrimu:age.”” “What do you mean by scrimmage." “1 am no dictionary man, put J mean they got inte a rompus.”” eee Oe TOS come, to. bdo wenaap, in this “1 was telling the facts, and wae advised to and tell them to Mr. Hewe.” - “How long ago was it?” “How long ago was it, Mr. Howe?” called out the Wi & question that ea, Of course, consid- erable laughter. 4 . earned enough to Keep out of (Laughter) ‘Do you know Officer Van Buskirk 7” “Does he know me ?”” asked the witness in a loud ‘one District Attorney dropped the wi ie ey drop} e witness as a popgians case, and the Court thereupon took a re- ed but I have 1m. It don’t pay.” STATEMENT OF NIXON. Nixon was now placed on the witness stand. Mr. Howe told him he wished him to be collected and tell the whole truth to the jury. He said he lived at No. 44 Baxter street and was by eccupa- tion a bill poster; on the day of the shooting he was employed by Mr. Daly, of the Grand Opera House, to post some bills jor him; he used an ex- press wagon; he had posted various bills and reached Chatham square and was crossing the Third Avenue Ratiroad track when the man he shot rode in front of him; I asked him, “What do you want to do?” he said something that I don’t remember and then struck at me with a whillie- tree; the end of the whifletree struck me and hit my watch, breaking the chain; there are marks of the blow yet on my hip; he struck at me some half dozen times; I was greatly excited and shot him; at tne time I siiot him I believed my !ifewas in dan- er; the man had the stick over my head and I red; Ihardly knew what I was doing; I went home and was there arrested by officer Van Bus- kirk; 1 have a wife and three children; my age is thirty-three; [told Officer Van Buskirk and Cap- tain Ulman that I shot the man; I was frightened by the man’s actions; I never had seen him be- fore to my knowledge; I took the pistol irom @ Patios Pocket In my pants and shot ‘With my right Cross-examined—My, bouse is not a house of pros- Titution; the first timéIsaw the mani shot was near the head of Catharine street; he was on a bi gray horse; there was a harness on the horse; spoke first; 1 told him to get out of my way; he said he would not getout of the way; we were both at a standstill; he was ahead of me and we were both on one track; I hauled out to the left and he turned to head me off; he then came alongside of my wagon; a pile of snow prevented his coming near enough to me to hit; I asked him what he was doing; he called me all sorte of names and said he would show me; he came on my left side; he then struck at me witha whietree; I was on the seat; 1 toid him he was acting as a damned fool; he said something, but what, I don’t remember; he struck and hit me in the side with the end ot the whiilletree; I dodged the best Icould; 1 then jumped up irom the seat and went in the rear of the wagon; the whitfletree ‘Was raised in his hand as J shot him; I never car- ried any other pistoi; it had been loadea since last New Year's, Q. Was you arrested last August by Ofiicer Waters, of the Fifteenth precinct, for an attack on Ann Sullivan at Grand street ferry? Mr. Howe objected to the question, and the Court sustained the objection. Was you ever in jail? jected to, but objection overruled. A. Yes, six; [have been in the Penitentiary: 1 was put there for posting bills over other bills; I told the man a dozen times to go away; the man feli off the leit siae of the horse; 1 did not know whether the man was dead or not: I told my wife had shot a man and that | was going to give my- self up. SUMMING UP BY COUNSEL. Mr. Howe stated that the above completed all testimony forthe deience, and he proceeded to sum up for the prisoner, and his address to the jury was characterized by both great depth of feeling and fervor of eloquence. They bad reached an important stage in the case.. The life and destiny of a fellow man lay in their hands. They had heard all the evidence and upon this they were to give their verdict. They must not let sympathy or bias influence them. Nixon had no motive to gratify, no motive of revenge. The deceased, a poweriul, stalwart man, repeatedly struck at the delicate and feeble Nixon with a murderous weapon. As this weapon was raised above his head:and his life in imminent peril Nixon drew his pistol and fired on his would-be murderer, That pistol shot took fatal effect. The would-be murderer was killed, and he who killed him to save his own iife stood before them an indicted murderer. It was theirs to justify his conduct in the eyes of the law and the community. He reviewed at length the testimony, and then insisted that they mus¢ bring common sense to bear upen the facts. There was, he claimed, no room for doubt that the deceasce’| struck at the prisoner and that the latter nred the pistol shot in self-defence. A more pathetic and secring, appeal has rarely falien irom the lips of counsel than the close of kisspeech. He spoke considerably over an hour, and the large crowd present listened throughout with the most untiring attention. Mr, Phelps followed in a brief and equally eloquent summing up on behaif of the people. After calling attention to the solemnity of the trusts imposed upon them he calied their atten- tion to the duty they owed to the public. He then proceeded to review the evidence inthe case. He claimed that it clearly shewed that the deceased at the time he was shot was in front of Nixon’s wagon. As to Nixon's statement he deemed that not worthy of the slightest reli- ance. In the first piace, the deceased, he insisted, could not strike a forcible blow, as alleged, with the whifletree, seated on a horse without a saddle. In the second place, such blew could not have been struck in the way alleged without hitting some- thing and without throwing him from his horse. Another thing fatal to his story-was that on the night he was arrested he made no pretence of being hit. Still another thing fatal to the case was, he urged the testimony of the boy, who says thataiter the shooting the whiMletree was hanging by the hook from the hames. Pointing out the unpro- Arct nature of the murder, he called on the jury 0 put a stop to such murders and by their verdict in the present case to give to the public some REQUESTS TO CHARGE. After Mr. Pheips had concluded Mr. Howe read a number of requests to charge. They bad reference mainly to the mye hbo vad to,be placed upon the different degrees of murder and manslaughter. “Your requests,’ said gudge Brady, ‘embody almost everything I intended to charge, and are as be as my Charge will be.”” “Tonly hope they are as good law,’ answered Mr. Howe. JUDGE BRADY'S CHARGE, Judge Brady now proceeded to charge the jury, | waich he did in his usual clear and comprehensive | manner. He began by saying that he charged all but two of the requests which had been read in their bearing, and to those two he would call their attention before concluding. He would be brief, because the questions involved, though very important to the prisoner, were few in num- ber, and, he thought, comparatively easy. ‘The | risoner was arraigned for murder in the first legree. His defence, established by the eviaence, as he claimed, was justifiable homicide. To con- | stitute murder in the first degree two things must be established, and they must concur, First, there must be a killing of some person, and, second, that ing must be with a premeditated design to effect the death of the person killed. The design | may be formed upon the instant of doing the deed. | It Was not necessary that there should be any | brooding for the purpose of constituting such | design. It did not require any other deliberation | than that which existed at the time the deed was done. The law set a high and when a man who kill was justified in killing him it was necessary he should make it appear that there was a reagonable vf | B. ground to apprehend the design to commit some [ ty? personal injury and imminent danger that he design would be carried out. St was necessary that the person attacked should be without fauit himself; that the attack should not be provoked by himself, and that he also should be 80 situated teat he could not reti or, having retreated, could not further retrea' void the injury with- out exposing himself to nger. ie danger a not be real, but if t appearances were such as to cause him to believe that He must decide, however, at his peril, upon the force of the circumstances in which he was placed. The law did not permit a man to take advantage of his owm premeditated quarrel to end by death the controversy which he had excited. In this defence did these elements exist? It was not necessary that the prisoner should wait until the whitietree should failupon his head. It wasenough that it ‘was put in such attitude that its contemplated use would result in injury to him; then he would have | the right to use any implement necessary to avert the danger. These were questions of fact exclusively for the jury. The shooting of the deceased by the prisoner was admitted, and death | was proved to have been the result of that shoot- ing; and the question then followed, “Was that killing with a premeditated design to effect death?” Of course that was a subtie bs pa oa of thaAnind ; it was intangibie, but could be inierred from facts and circumstances. The nature of the weapon that was used was one of the facts to be considered and the character and locality of the wound an- other. For example, the jury would be justified in inferring the intent to kill more from a weapon ointed at the head of a man than if pointed at his et or at knees. [t was also one of the axioms of the laws that @ man was presumed to intend the natural consequences of his acts, Justifica- tion was an affirmative defence. Now, was there an attempt in this case to nse the whiftletree in the manner described by the defendant, and was the prisoner justified from that in apprehending os personal injury, and did be do what he ne have done, under the circumstances, aecording tolaw? Did he retreat, and was he in such & position that further retreat, would expose him to — ’ The Court briefly reviewed the evidence: on hese points, particularly referring te the testi- mony as to whether the whiMetree was upon the ground or fastened to the horse after the shooting and while the deceased lay upon the ground. The Court then referred to requests to charge, from which he had dissented. The first was that if the prisoner did not intend to kill, but unnecessarily took life, it was charged that whether it would be manslaughter im the second a de} th deceased at the “time Or the shpouing was then en uniawiul such as the or the wnimelree In the manner stated by. the pris, oner. The ot! uest that the r was fe necessary to a verdict ure ned to charge but charwed that, tthe ery ected doubt upon the whole evidence in case, risoner was entitled to the benefit of it, Itt thought risoner of some othe: offence OaEe’ saradt tm the, Arak doaree y had the right #0 to find—in fact they could find even to manslaughter in the fourth degree. WAITING FOR THE VERDICT. It was ten minutes to six P. M. when Judge jighed his charge. ‘The jury at once retired to del ite upon their verdict. Following their withdrawal @ considerable portion of the crowd left, but enough remained to more than half fill the court room. Of course there were all sorts of eculations ag to what the result would be, but the decided prevalent impression was against the prisoner. Meantime Nixon showed more hopetul- ness and elasticity of spirita than he has shown at any time since the commencement of the trial. RETURN OF THR JURY AND VERDICT. At twenty minutes past eight the jury came into the Court room again. They all looked peculiarly solemn as they came in,and it was evident that Nixon read in their looks his fate, for after they haa taken their seats he gave them one glance and did not raise his evei , even When called upon to rise and hear their verdict, “How say you, gentlemen of the jury, have you srreed upon your verdict?”? asked Mr. Sparks, the lerk, “We have,” answered the foreman. ‘We find the prisoner at the bar guilty of murder in the first degree.” Nixon remained unmoved, his eyes still looking on the floor. Mr. Howe was the first to break the sagooading 4 lence. He requested the jury to be polled, which was done, and they each announced he verdict as their individual verdict. He then added that Mr. Nixon, of course, would not jeopar- dize any of his rights as to an appeal were he to be sentenced at once; but he would prefer the sen- tence to be postponed a day or two. Judge Brady said that ne could not sentence the prisoner then, a8 the warrant was in the Sheriff's office, which was closed, but he would sentence him at half-past ton o’elock this morning. Upon this announcement Nixon was taken in charge by Deputy Sheriff Shields, and ai once re- moved to his cell in the Tombs, THE ALLEGED WIFE MURDER IN WASHING- TON STREET. ce a, atone Coroner Keenan Investigates—Kirwan Discharged. Coroner Keenan yesterday aiternoon held an in- quest in the City Hall in the case of Catharine Kir- wan, late of 61 Washington street, whose death in_ the Centre Street Hospital last Friday evening, it had been alleged, was the result of a kick or other violence rendered at the hands of her husband, Mattnew Kirwan, The prisoner, a respectable-ap- pearing laboring man, neatly dressed, was in Court beside his counsel, and seemed fully prepared to estabiish his innocence to the satisfaction of the Coroner and the jury. Below will be found a brief report of the evidence and the verdict of the jury. Catharine Burnett, of 61 Washington street, de- posed that shé boarded for two weeks with prisoner and his wife, and remained in the house all that time; went away and came back again last Friday; deceased showed the witness where she had been injured; she had black and blue marks on the hip and other portions of her body; deceased after- wards said that she had been injured by her hus- band; witness saw prisoner beat his wife while she boarded in the family; saw no cuts or blood on deceased; witness went away at one o’clock P, M., leaving prisoner and his wife alone in the room. Catharine ‘Tully, of 61 Washington street, ae- posed that at six o’clock last Friday evening in coming down stairs she saw deceased lying on her face in the room, with blood about her and blood running out of the door; called one of the neigh- bors and then went down stairs; Mrs. Kirwan could not or did not reply when spoken to; de- ceased had been drinking that day; heard no n or quarrelling in deceased's room previous to find- ing her; Kirwan was not at home when his wife ‘Was on the floor. Ann Moloney, living in the basement of 59 Wash- ington street, deposed that on Friday evening atter five o’clock she saw Kirwan passing the house towards home, but don’t know where he went. Thomas Keenan, of 44 Washington street, testl- fied that he and the prisoner worked together on Féiday last and knocked oif at five o’clock P, M. Matthew Kirwan, the prisoner, was called to the stand and said thaton Friday last he went home to his dinner, but found none cooked; took some bread and butter which the children had not took and a glass of ale; went 60 work again; knocked ‘off at five o’clock; went to two places and drank and had some singing; returned home at hali-past seven o’clock P. M., and was told his wile was found in blood on the floer and had gone to the hospital; did not kick or beat her that day, Wooster Beach, M. D., testified that he made a post-mortem examination on the body of deceased and found that death resulted from hemorrhage, caused by rupture of the internal predic artery, the result of violance. ‘The case was then given to the jury, who ren- dered the following VERDICT. That Catharine Kirwan came to her death from rupture of @ blood vessel, the result of violence, re- ceived, in some manner to us unknown, at 61 Wash- ington street on the 20th day of Mareh, 1873, On the finding of the jury Coroner Keenan dis- charged Kirwan from custody, whereupon he lett the Court with his friends who had assembled to witness the proc edings. THE BROOKLYN MYSTERY. mee’ She. The old story, “No new developments in the Goodrich case.” So say the officiais whose duty it is to unravel the entanglement of facts and fancies connected with the sensational mystery which has puzzled the detectives ever since March 21. If the Philadelphia Roscoe, spoken of yesterday, did reach the City of Churches, which is doubtful, the authori- ties kept his whereabout a profound secret, as he was not taken to the Court strect headquarters, the usual rendezvous tor suspected partics. Ex- perience has taught the officials not to submit such distinguished arrivals to the sharp, prying eyes of tne press detectives, and they have determined to halt their teams elsewhere. There are those who now give it as their opinion that the Spaniard Roscoe is a myth, or that if such @ person does walk the suriace of the earth tue name given is not the cognomen by which he is known. It is certainly very strange, to say the least, that Mrs. Arwstrong, though she has been intimate with Roscoe, according to her testimony, for six months, never knew his first name. She ‘was in the habit of writing to bim at New Orleans and Baltimore friendly letters, signing her name as “Lu,” and sometimes as “Luiu.’’ The only friend she ever heard mentioned by him was a “chum,” whose name he gave as ‘Jack Smith.” Spaniards | who are strangers in the ‘two cities” are naturaily timid of showing their faces out oi doors, and sym- pay, is beginning to be felt for their persecution. leanwhile arrests are being made in Balttmore and Philadelphia of — h Roscoes, and teie- grams “strictly” are passing between the police chiefs of those cities and Brooklyn, The Hubbell Relief Fund. ‘The following additional subscriptions have been received at this office for the relief of the poor old couple whose daughter and only support, Lucette Meyers, 1s detuined a8 witness in the Gooarich murder case: 1B. F. 2 Sixty-five PHILADELPHIA, April 2, 1873. The man supposed to be Roscoe is still detained in’ custody. Doubts still exist as to the man’s identity, but he will not be liberated until the question is settied beyond a doubt, as it is believed he leit New York to escape some criminal charge. LEGES, Worcester, Mass., April 2, 1873. The Rewing Association of American Colleges met by representatives from eleven colleges at the Bay State House this morning. About a quarter of an hour before noon the Association met In conven- tion. In the absence of the President, Vice Presi- dent and Secretary, Mr. BE. H. Luther, as the only officer present, he having been Treasurer of the old Board, called the Convention to order, and was sub- sequently selected as temporary chairman. The SheMeld Scientific School, of Yale University had sent a representative, but the Chair ruled that his admission would be an allowance of three votcs to the Yale Navy, and a seat was refused the represen- tative by the Convention. Dartmouth velum- bia were unanimously admitted to the Association. The Convention then cousisted of Messrs. Eldred and Alexander, of the Amherst Agricultural; Sanger amd Goodwin, of Harvard: Bogert and Me: Cle of Brown; Hartwell and Whitridge, of Am- herst; Gunster and Warden, of Willlams; Uaks and of Yale; Underhill ana McKevenan, of Trin- ity; Costen and Livesey, of Wesleyan; McCall and orthen, of Dartmouth; Edgerly, f Cornell; Boardman, of Bowdoin, and Tenney and Simonds, of Columbia. It was decided that h_ college should be allewed a vote. whether its crew had par- ticipated in the last regatta or not. following Board of OMeers for the ensuing par were elected :—President, R. J. Cook; V! esident, F. Q. Eldred; Secretary, 4. J. Board- man; Treasurer, E. M. Hartwell. A ber Of dates were nego as the regatta day, and the 17th of July was finally decided upon. Springfield was voted the aquatic Philippi with but little debate, the style of last year’s ra to be followed as much a6 the increane of entries mabsianghter in the second degree, ‘The Court will allow, The Supposed Roscoe Still in Custody. | ROWING ASSOCIATION OF AMERICAN COL- | @sw YORK HERALD, THURSDAY, APRIL 3, 1873—QUADRUPLE SHEET. THE STATE CAPITAL, {$33 A Calm After the Charter Storm 6 in the Senate. THE AMENDMENTS CONTINUED. ——- Another Sectarian Difference—Terms of Office of the Police Commissioners—The Park Commis- sioners to Control the Streets Adjoining the Park—A Superintendent for Build- ings—Failure of an Attempt to Oust the Dock Commissioners— Board of Apportionment— Aldermen’s Salaries. ALBANY, April 2, 1873. Tne auaience in the Senate chamber to-day was composed mainly of politicians. The fair sex seems to have been worried out by the aggravating tame- ness of the discussion. The few remaining regular lights of the Custom House party were on guard again, Tom Murphy, Davenport and E. D, Webster remaining in the gap, like the men of Thermopyli, | to stay the advance of the enemy for at least @ few hours longer. Every one else seems to have rejected the charter asa thing that notiody loves. The seventy men have not put in anappearance for many weeks, although they still write Jetters to the mild old gentlemen of the Senate, pressing their views, like Peter Cooper used to before his association deserted reform for office. Dexter A. Hawkins, who represents the municipal council of reform, busies himself as sedulously as ever Davenport did, suggesting amendments to Woodin, and carries around copies of two charters unfit for any city outside Utopia, one of which he fondly hopes will be eventually substituted for the present measure, Murphy and Davenport sit around, apparently because the Senate Chamber is a com- fortable place to lounge in. The seventy-seventh section, relating to SECTARIAN APPROPRIATIONS, being called, Senator D. P. Wood moved to insert the word “or,” so that it will read, “‘No money belonging to the city and county of New York, or raised by taxation upon the property ofthe citizens thereot" shall be appropriated to such purposes, &c. Senator Woodin said there was a great sum of money raised in New York city by Excise fines and leases of various kinds, which are pledged to a cer- tain purpose, going into the Sinking 1und to help pay the city debt. They could not, therefore, be | used for any #ppropriation to sectarian institutions, and the Senator’s proposition was simply useless. Besides it would be sure to defeat the bill in the House. There was no proposition which so loaded the bill down as this very word ‘or’ in the As- sembly.”” Senator D. P. Wood said that if that were the main argument he would say that the bill came from the Heuse with that very word “or” in it. Senator Woodin said not a dollar could be appro- priated except by consent of the Board of Appor- vonment, a set of gentiemen on whose discretion he was willing to trust. ’ Senator Wood said that if the word ‘“‘or”’ was left out these funds could be devoted to sectarian in- stitutions. The amendment was lost. POLICE COMMISSIONERS’ TERMS OF OFFICE. Senator Woodin returned to section 41, and by consent amended so that the Police Commissioners | first appointed shall hold their offices one, two, three, iour and five years respectively. Senator D. P, Wood then | RETURNED TO HIS NON-SECTARIAN CHARGE, | and moved to substitute the Assembly section re- garding the subject for the present one, which was exactly the same as his previous amenament; but on a vote it was delared lost by Winslow, the chairman, although it was evidently agreed to. Senator Wood let it go by, content to try it again in the Senate, and was rather amused than other- wise by the attentive regard which the Chairman of the Committee pays to the implied wishes of his appointments of editors be made by the Mayor an: Lost—9 in the afirma- dames Wood moved to amend viding that the Board of providin; ¢ Board of Supervisors sha! Ponatitute @ Board of ‘Apportionment ber Estimate to fx the rate of taxes, The question of taxation belongs rightfully to the Board of Supervisors in each county. He argued that the provisiens of the charter, a8 now before them, wee not in a cordance with the republican doctrine, which corded to the people the right to vote lor the mem- bers of the ‘who were to fx their rate of taxation, Mr. Woodin said this provision was one of the most salutary in the whole charter. The persons named as @ Board of Apportionment, or a majority Of them, are not elected by the people. Mr. Weisman hoped that the section would not be amended, as it was carefully drawn, and pro- vided good safeguards for the public welfare. Ha did not think the Supervisors ag well qualified to discharge the duty as the Board provided for in the charter now under consideration. Mr. James Wood did not hear any good reasons assigned as yet for any change from the Board of Supervisors. Mr. Johngon said this section gives great and ab- solute power to a few men. It was proposed to make this Board as close and powerful a8 any that ever existed under Tammany. From their final estimates there was no appeal. The Supervisors are responsible to the people, and it seemed to him to leave this power of assessment to them what guarantee can Senators give that. this Board of Apportionment will not be as venat (A eae ir. D. P. Wood counsefled great care in perfect- Ing this sectien, Boards of ‘Suparvisore in cities are elected from a lower class of men than tn the coun- try, and he was not prepared to vote for giving the power sought t be vested in the Board of Supervisors. A lower grade of men fill the offices of supervisors and aldermen than is found in the offices of Mayor and Comptroller of New York city. He thought this section, as re- ported, was one of the best in the charter, The amendment was lost. SECTIONS 118 AND 119. Section 118 was adopted. Section 119 was amended by providing that no city officer can hold a4 other office except commissioners for taking bail, or the register of any court. Mr. D. P. Wood moved to amend SECTION ONE HUNDRED AND TWENTY, by adding at the end, ‘no patented pavement shall be laid and no patented article shall be ad- vertised for, contracted tor, or purchased, except under such circumstances that there can be a fair and reasonable opportunity tor competition, the conditions to secure which Buall be prescribed by the Board of Estimates and Apportionment.” Mr. Adams desired to give such parties as de- sired an opportunity ef placing wooden pavements on the streets wherever they desired, The amendment was adopted. SALARIES OF ALDERMEN, On motion of Mr, J, Wood the bili was changed to make the salaries of Aldermen $1,000 each, Mr. Woodin moved to reconsider the vote'just passed. Carried, and on @ second vote the pro- posed amendment was lost—7 in tue alirmative to llin the negative. Mr. Johnson moved to make the salaries of Al- dermen $2,000 ana of Assistant Aldermen $1,500, Mr. D, P. Wood said it was a laborious office, as the Aidermen in New York had many and labo- Lt cee to periorm, and $4,000 was not too mue Mr. Weismann said the duties of Aldermen were arduous and required daily atvention, Many Alder- men were obliged to give the care of their private business to their partners, as they were almost con- stantly engaged in public duties. Mr. Johnson did not suppose tne duties of the Aldermen of New York were so severe. He hud neticed that whenever anything of local interest ‘was up before tne Legislature a large and respect- able delegation of these Aldermen were present here for many days at a time. Mr. Ticmann had been a member of both boards, The duties never occupied much time. Mr. Madden asked if that was when New York was a little village. Mr. Tiernann answered no, There were many men now drawing $4,000 a year as Aldermen who never could- make that amount in any other way. Mr. Benedict said that the duties of the Alder- men were very light; indeed, the Board of Assist- ant Aldermen, as provided for in the new charter, left them no duties. Mr. J. Wood moved a further amendment that after the term of the present officers the salary shall be $1,000 for each Alderman and Assistant Alderman. The amendment was carried. THE MAYOR'S SALARY, Mr. Madden moved to fix the salary of Mayor at $10,000 per annum, which was lost. SALARY OF PARK COMMISSIONER. Mr. Tiemann moved to make the salary of Com: missioner of Public Parks $6,000, which was lost. At forty minutes aiter ten o'clock the committee rose and reported progress and were granted leave to sit again. ‘The Senate then adjourned. THE INDUSTRIAL EXHIBITION. In the Assembly the bill allowing the Industrial party whipper-in. Several times he has announced votes which Woodin himself has felt compelled to disavow, and, 80 far, has not ceased his efforts to do the best in his own humble way for the “‘party."” STREETS AND AVENUES ABOVE FIFTY-NINTH STREET. Another long and tedious debate eusued on a proposition to give the Public Park Commission control over the streets add avenues above Fiity- , ninth street—a proposition which had been deci- | sively Voted aown last evening, and which would in a jew words repeal a whole statute 1 last ses | sion, Senator Benedict was the author of the r newed propositien, and was assisted by Senator DP. in his defence of it. The latter Sena- | tor, more modest m his demands than the patri- | arch from the Filth, asked only that the Park Com- | mission be given .control of streets and | avenues immediately adjoining the ool above Fifty-ninth street, which had | en substanttally Ee to under the article relative to the Public Works Depart- ment last evening. The New York delegation were | unanimous in favor of transferring the control of | all streets above Filty-ninth street to the Park | Commission, but in the discussion of this charter | the New York Senators seemed to have very little influence. ¥ The charter, from all appearances, was | public | A COUNTRY MEASURE got up, as Tiemann intunated, mainly for the de- lectation of tne untry press. Senator Murphy, | of Brooklyn, somewhat indignantly demanded that the New Yorkers should have the chief say in the discusion and appealed to them for information, declining to take the same from the countrymen, but it was no use. The ruralists persisted in de- | scribing the wants and the bah ela of the city | and legislating according to their ewn opinion of the necessities. The amendment of Senator Benedict was lost by @ vote of 10 to 12. Senator D. P. Wood’s amendment was then car- ried by 56 to 14, it gives tothe Park Commission- ers control of streets immediately adjoining the Park above Fifty-ninth street. Senator Lowery’s proposed amendment to the article relative to THE DEPARTMENT OF BUILDINGS, | putting it under control of & superintendent, in- stead of a board of three persons, without provok- ing any debate, was carried by a vote of 6 to 14. When the vote was announced Senator Woodin | moved a reconsidertion, and taunted the New York members of the Committee on Cities with voting for the amendment when they had favored the original section in the deliberations of the committee. THE RIGHTS OF NEW YORKERS. Senator Johnson insisted that the fact of the | New York members going in a body one way on this measure was the best reason why the country members shonld go the same way. Senator Woodin thought that it would be well then to refer the whole charter to the New York delegation, with power to report complete. Senator Johnson—That'’s where it should be re- ferred. In the ninety-second article, relative to TAXES AND ASSESSMENTS, Senator Woodin offered the following amendment in regard to the powers and duties of the Tax Commissioners zw Except that it shall require a majority of such commis. | sioners to correct or reduce the avsessed valuation of the Personal property of any person, and no tax ou personal roperty shall be remitted, cancelled or reduced unless Phe?applieant or party aggrieved shall satisty the com: missioners that he hasbeen prevented by absence from the elty oF illmess from making his complaint or applica- tion to them within the time allowed by law for the cor- rection of taxes. ‘The amendment was adopted without debate. In relation to THE DEPARTMENT OF DOCKS Senator Madden moved an amendment placing the control in one person instead of three. Senators Woodin ana Benedict objected. Senator Maiden said that they had @ tancy Board then of three persons, one o! whom was the no- torious Henry, of the Sand’s Citizen Association. They had an engineer at $20,000, nearly as much as the President of the Unite States received, who was, in addition, President of the | Railroad, and the three commissioners did nothing toearn their money. It was demoralizing for such a citizen as Wilson G. Hunt, it was awful wicked for him, to take $6,000 a year ior doing | nothing and then to complain of poor devils who | “knock down” a little. The amendment was lost. ARTICLE 107 was amended by accepting piers and harves from the list of public property which the Commis- sioners of the Sinking Fund are authorized to sell or lease, Progress was then reported, and the bill will be discussed again at hall-past seven o'clock, Evening Sesston. The Senate reassembled at half-past eleven o'clock, and the question being on the amendment of Mr. Murphy to strike out the 108th section, pro- hibiting sectarian appropriations, the amendment was lost. ‘The 100th section was passed. Mr. Benedict moved to amend section 110 by making the Beard of Street Openings and Improve- ments consist of the Mayor, Comptroller, Commis- sioner Of Public Works, President of the Depart- ment of Public Parks and the Hoard of Aldermen. Carried, From the lith to the 115th seetion ‘were adopted. The 116th section was amended by allowing the Mayor, Corporation Counsel and Commisstoner of Public Works to appoint an editor and ali required Exhibition Company further privileges than those granted in 1870, was ordered to @ third read\g ih the Assembly, as was that providing for a new City Prison. The former bill authorizes the Common Common Council, by resolution, to subscribe $3,500,000 to further the purposes of the company. THE NEW CAPITOL. The Committee on Expenditures had a hearing to-day as to whether the finishiug of the new Cap- itol should not be let by comtract. Cominissioner Harris stated that the Commissioners were now en- abled to put the work forward more rapidly than ever owing to favorable contracts, and thought the building would be ready for occupancy by the Legislature of 1877. He said it would be imposst- ble to let the whole work by contract, as bidders differed by millions of doliars. The total cost of the building up till the 27th ultime was $2,991,106 $1. He also said they wanted $1,500,000 appropriated this year, ART MATTERS, The Altar Picce for the Memorial Chan+ cel, Trinity Charch, Saugerties. Many visitors interested in church matters have, during the last few days, visited the marbie ware- rooms of Mr. Henry Parry, 288 and 290 Fourth ave- nue, The object was to inspect a painted window, | designed by Mr. William Morris, author of “The Kartnly Paradise,” and executed under his per- sonai supervision by Messrs, Morris & Co., of Lon- don, England. The window is intended as an altar piece for the Memorial Chancel, Trinity Church, at Saugerties, whither it will be removed in a day or two. The size is eight feet by twelve, and the value is three thousand dollars, The subject is “Christ on the Cross,” the figure of Jesus crucified occupying the | central, largest compartment, exclusive of which there are fourteen in all. In that occupying the righthand upper corner the Nativity is repre- sented; in the lefthand upper corner the Annun- ciation, At the lower corners, on the right and left, we have, respectively, the Agony and the Resurrection, the latter bearing, al so, the inscrip- tion, “Touch Me Not,’ in reference to Christ hav- ing not yet ascended to heaven. The two small com- rtments at the top, between the rght and left- Mand corners, are occupied by angels, and offer the inscription, “0 all ye that pass by the way, attend, and see if there be any grief like unto my grief,” Similar angels are delineated in the corresponding panels at the lower end of the window, and the inscription there occurring reads, “Surely He hath borne our iniquities, and carried our sorrows."’ Three compartments are on each side of the grand central compartment, represent- ing the Crucifixion. Of the three on the right hand side one presents a picture of the Baptism,and the others, containing angels, offer the following mot. toes:—“They have pierced my hands and my feet,’? and “In my thirst they gave me yy to Cra Corresponding to these there are on the otne: of the large central compartment a picture of the Adoration of the Magi, and the quotations ‘All they that see me have laughed me to scorn,” and “They gave me gall for food.” The figure of Christ on the cross ha! ackground of @ vine in full leaf, and at nis feet stand Mary Magdalene ry His mother. Above his head are the Rie 5, N. R. J. (Jesus Nazarenus Rex Judworam). The fourteen small panels are of the average size of squares ot from twenty-two to thirty inches, The iron bars that eross the panels of the Cracifixion are of half-inch iron, and those that cross the panels of subjects and angels three-eighths ofan inch. There is a great deal of elaborate work in this chef d’uvre, which deserves mention a8 one of the costliest works of the kind yet seen in this country. Mr. Helberto Reception. Mr. Wakeman Holberton, the well-known ar. tist, holds next Saturday, irom ten A. M. to five P. M,,@ reception at his studio, 212 Fifth avenue. Art in Boston. At the Art Club Exhibition recently held in Bos- ton pictures were exhibited by Craikshanks, Weeks, Belwarner, Hardy, Snell, Pritchard, A. P. Close, Roach, Bloemers, Ordway, Kebinson, Burdick, Wiltam Hart, Jules Herenn, Mrs. Sawyer, Diaz, Thomas Hill, Niles, Clough, Perrault, Hinckley. L. Smith, Ke: , B, Champney, Owen, Champ, (« land, Lambonet, Griggs, J. Appleton Brown, W. M. Fisher and A. Jourdan. By arrangements recently made with the Presb dent and Fellows of Harvard College, Osgood & Vo. have begun the publication of heliotype reproduc- tions of certain of the Gray collection of engravings ie at present and deposited in the Marval Coliege. A BROKEN RAIL, Crncrnnatt, Ohio., April 2, 18 Two Chicago through line coaches on the Indian- apolis, Cincinnati and Lafayette Railroad were thrown into @ ditch just outside of this city this assiniants for coudugling the City Mevord& Mr, morning by @ broken rail, No one was burt