The New York Herald Newspaper, April 29, 1873, Page 6

NEW YORK HERALD, TUESDAY, APRIL 29,; 1878.-QUADRUPLE SHEET. ‘THE COURTS. )THE GREAT TRAIN FARCE )George Upon His Defence—He Becomes Se- *“ ious and Goes for the Dignity of the Court—Testimony of Judge Dow- ling, Dr. Nealis and Warden Johnson, of the Tombs. HE MAUD MERRILL MURDER. Mrial of Bobert P. Bleakley, the Alleged Mur- “— derer, Commenced in the Court of Oyer and Terminer---Only Four Ju- rors Obtained Thus Far, THE CRAZY PARSEE MERCHANT. ‘Expense of Taking Bomenjee Byronjee ‘" Colah to His Home in India—The Bill Disputed in Court. FECHT ER’S THEATRICAL FOLLY. Secking to Vacate the Attachment Against ‘ the Fourteenth Street Theatre—Resi- dence or Non-Residence Here of Mr. Sherman— That’s theQuestion. THE PITTSBURG BOND ROBBERY. Robert P. Bleakley, who shot and killed his niece, Mary Ann Foley, petter known as Maud Merrill, in December last, in a house of ill-fame, in Nelson (place, was brought to trial yesterday im the Court pf Oyer and Terminer, before Judge Brady. The jentire day was occupied in the tedious preliminary work of getting a jury. From a panel of one Joundred only four jurors were obtained. Accord- ian to this rate 1t will take two more days to geta jury. Major Constable, to whom was given, by Chief Bustice Daly, of the Court of Common Pleas, the commission of taking to his home in India Bomen- Yee Byronjee Colah, the crazy Parsee merchant, oes not evidently have as smooth work with his Aittle bill of expenses as he anticipated. A referee, fto whom the matter was referred, brings him in Mebt tothe estate. The particulars will be found our law columns, , Edfort is being made, as will be seen by the report elsewhere of proceedings in the Supreme Court, Chambers, yesterday, to vacate the attachment Branted a few days since against the old French MTheatre in Fourteenth street, on application of Charles Fechter, the actor. The question in dis- pute is as to the residence or non-residence here Df Mr. Sherman, of the banking house of Duncan, Bherman & Co., against whom Mr. Fechter makes 18 complaint, Judge Brady, in the Court of Oyer and Terminer, yesterday dismissed the writ of habeas corpus, ob- tained in the case of Charles G. Hampton, the al- Jeged Pittsburg bond robber, and ordered him to be given into the charge of some Pittsburg officers, pursuant to the requisition of the Governor of Pennsylvania. An attempt was made afterwards to rescue him from his new custodians, but the Bcheme failed of success. Yesterday Dr. Wright, alias John Purssey, No. 51 Bleecker street, who had been charged with send- Ing through the mails a box containing pills in- tended to effect an immoral purpose, was held by Commissioner Osborn to await the action of the Grand Jury. He was admitted to bail in the sum DI $1,000. There was a Train de lunatic inquirendo matinée yesterday in the Court of Oyer and Terminer, Chief Justice Daly presiding. The case for the defend- But was commenced, and on his side appeared the Jnan of the long memory, Judge Dowling, with Dr. Nealis, physician at the Tombs; Warden Johnson, Df the Tombs, and Rev. Mr. Heath, also of the Tombs. It 1s said that the great Dictator will give Bll the residents of the Tombs, voluntary and in- voluntary, a day in turn at his matinée, a half fozen each day, while it runs, summoning them as ‘Witnesses. He commenced yesterday by inviting the heads of the institution, but he hopes to pass bver none before he closes for the season, THE GREAT TRAIN FARCE, George Francis Train on His Defence— ‘ The Great Sensationalist and Curiosity of the Tombs—He Goes for the Report- ers—Testimony of Judge Dowling, Dr. Nealis and Warden Johnson of the Tombs. The regular session of the Train De Lunatico In- ‘guirendo was held yesterday afternoon at the reg- wlar hour. There was a very large attendance, George, the centre of an admiring coterie of kin- | dred spirits, was upto time, attended by his pri- wate secretary, Mr. Bemis. A fragrant buoquet ‘graced the top buttonhole of his close-fitting coat. Upon his massive brow dangied a row of crispy curls, of which he seems particularly proud, and which he caresses as often as he lays down his pen from indicting mysterious notes to counsel, but of which very little notice seems to be taken by these gentlemen. George Jones was present, ejaculating “Good,” “That's it,” “Just so,’ when titbits of tes mony in favor of his friend, the great Dictator, Were particularly palatable to him. Chief Justice Daly having taken his seat, and all the principal Actors at their posts, Mr. Valentine spoke the pro- logue as usual, and the tarce was at once proceeded with, THE “GREAT CURIOSITY OF THE TOMBS” AFTER THE REPORTERS. Mr. Train was the first to rise and address tue Dourt. He appeared considerably durried, and was not at all in his usual ¢pigrammatic condition. He said:—“Your Hop, the other eemarked that thie“was a court of justice, and tome demonstra*ions have been made here during these procerdings which, I think, the Court is called upeyn to puta stop to, In many instances the pro‘ss has thrown ridicule upon the wloie pro- veedings, One calls it a ‘stupendous farce; other says | write and scatter around poetry and epigrams, which Ido not. Another makes it ‘Dut a ‘huge joke.’ Now, I think, the whole of this Is an insult to the Court and the entire administra- tion of justice. I do not know what the rules proper to be observed are, but 1 simply ask that the reporters report only what takes place, and if they comment upon them let them do it editori- aily, The insult is intended for some of us, and I only wish you to make it right, if you please, judge. ‘cnet Justice Daly made no reply to the Dictator, ond he resumed his seat. CLOSE FOR THE PEOPLE. Mr, Lyon, Assistant District Attorney, put in the dndictment found against Mr. Train tor publishing obscene literature, This closed the case ior tue people in the De Lunatico Inquirendo. TESTIMONY FOR THE DEFENCE, Indge Dowling, the first witness called, testi- fied—Was present at the interview between Drs, Hammond and Cross and Train, in the Tombs; was there officially; administered the oath to Drs. Hammond and Cross on that occasion; this was in Mr. Train’s cell; 1 was there about a quarter of an nour; Lhuld in my hand a paper which purports to | fT present what transpired ut that interview; I do not remember ai) that passed as here set forth; there are some things | remember (looking at the paper); 1 don’t remember the surgeon General e@aying “1 hope you Gopi phi it hard of me tor coming on this business, Mr. 'Train;” he spoke of the jailure of secession, of the Crédit Mobilier, of the lots in Omaha—pretty much ali that is here, Q What did he say about becoming Dictator’ A, He said he would be Dictator of the country yet and that he would have been President, patipes three millions of damned fools who were in the coMnerS (Laughter.) Q. en did he say he would become Dictator? A. Well, he didn’t Ox the time particularly (laugh- ter); I don’t think he recited any poetry or epi- grams that day. Q. What question did you put him? A. Ispoke about the DEBAKINE BD of the English Cabinet, and asked him what the effect would be; he thought Disraeli would not take the premiership and that Gladstone would be retained; he thought it would be the overthrow of the British government. (Reads the paragraphs from the papers.) Don’t remember those words; remembers a conversation being held between Train, Bellew and Yates; it was @ social meeting, and the conversation was about former meetings in London; the cell was very heated gt the time, and I_know that I got out of the cell as 800n as | could; I heard not! from him that led me to think he would do anybody any harm; on the occasion that I refer to ne sat up in his calle ee Oe he had a blanket about Rim rson; hefiad on yantaioons or pepcnele not say whether ir. Ne: examined—Made an exami Mr. Train's case; told the District Morbes thet hewarans snaane: o ue £0 give a certificate of bare examined Mr. Train. weuianaaasd nat ‘What is your opinion; is Mr. Train insane or District Attorney—I object, The Court—Are you a competent witness to tes- day you | ny to the sanity or insanity of a person? A. Yes, The District Attorney examined the'witness as to whether he was an expert on insanity—Was examined on the Scannell trial; didn’t say that I Was incompetent to determine in that case. The ee Was not further cross-examined on that Direct—I do not think Mr. Train is insane, but I believe he is a sensationalist, and would suifer any- thing for notoriety; I believe him capable of taking care ofhimself in all circumstances and responsible for nis actions; I don’t believe he believes himself in anything he says in the speeches that he makes, nor what he says to the reporters of the press; he will get a lot of reporters around him and tak to them by the hour, and aiter have all gone he would say ho had been fooling those fellows all the time; with a lot of trash; with regard to the doctors’ visits, one day after Dr. Clymer had left he said that no doubt Dr. Clymer thought him insane, but that he had been humbugging him; told him to stop that humbugging or he would find himself in the lunatic asylum; told him he was carrying the re too far; he said that he didn’t want to ge to the lunatic asylum, although he could live there ag well as anywh else; he said that all pagans would go to heM and all non-coniorming Christians; he was one of those who would necessarily go to hell, as he was not a church-goer. Redirect—Never knew a person to resort to means to prove himself insane, but have known insane persons endeavor to appear sane. William Johnson, warden of the Tombs, testi- fled :—Heard Mr. Train say he was a pagan; knew him tor ten years; he may be called eccentric, but he might be calied the “would-be great American humbug” (laughter); never thought he was insane; always impressed me as @ man anxious to advertise himself through the press without paying anything tor the adver- tisements (laughter) ; he wouid say, “‘Leok at those columns; they have gone all over the world with- outTosting me a cent;’’ after the doctors retired from their investigations he would say to me, Do you think I have humbugged them enough for one day?” (laughter) ; he has been the great curiosity of the Tombs; visitors are continually calling on him, and it is amusing enough to listen to him without talking; he said Dr, Hammond was a fraud, and that he had been proved so by some case that happened in the army. John B, Heath, clergyman, testified that he had been visiting at the Tombs for seven years; con- versed with Mr. Train over twenty tines; Train said he was & pagan preacher; talked about his property in Omana; said that he haa been in four- teen bastiles and they were all in better condition than the Tombs; saw nothing in Train to leave an impression of insanity on his mind, ‘he cross-examination of this witness was post- poned till this afternoon, when another Train Matinée will be given, BLEAKLEY AT THE BAR OF JUSTICE, Maud Merrill’s Murderer Brought to Trial—Slow Work in Getting a Jury— A Panel of One Handred Exhausted and Only Four Jurors Obtained. » It is unnecessary to recite in detail the circum- stances connected with the shooting by Robert P. Bleakley of his niece, Mary Ann Foley, alias Maud Merrill, on the 10th of last December, at a house of ill repute in Nelson piace, All the surroundings of the case were a8 singularly unusual as they were painfully tragic. The subsequent calmness of Bleakley, the coolness with which he announced the shooting to one of the inmates as he quietiy walked out of the house, and his speedy surrender of himself to the police, are facts still fresh in the public memory, He did not actat all in the way usual with the perpetrators of a dreadiul crime, His own explanation of the affair, assuming that it Was true, rather went to show that he was A RELIGIOUS FANATIC, and that he kuled his niece because she would not listen to his entreaties and reform, but insisted on leading a lie of shame. Of course this was set down as the aberration of a diseased mind, and this is the theory that his counsel, Mr. William F, Howe, has ever since been sedulously trying to establish—a theory sought to be confirmed in the recent application for a commission of inquiry to Settle the fact of hereditary insanity through proof of the death of his father in a lunatic asylum in Ireland and suicide of a sister while confined as a lunatic in the same institution, and a theory be- lieved to be more emphatically substantiated by his recent attempt at suicide in the City Prison. Some, it is true, think this suicidal attempt of his a little thin; but still it goes to make up @ part of the case, That it fi & Coniplicated case admits of no ques- tion, and that Mr, Howe so regards 1t is abundant! Geren Trom the fact of his having associated wit! him as counsel ex-Mayor A. Oakey Hall. The prisoner is sure to be ably defended, and if there is any legal loophole of escape for him his counsel will find it out. His trial was set down for yesterday in the Court of Oyer and Terminer, before Judge Brady. It was a foregone conclusion that the court room would be crowded, jor the trial promises to be of that special character promising pecullar attractions for many. Opposed to the prisoner’s counsel, Messrs. Howe and Hail, appeared District Attorney Phelps and Assistant District Attorney Rollins, For some reason Bleak- ley Was not given a seat by his counsel, but kept in the corner of the room assigned to prisoners waiting arraignment or trial. He did not appear iu the genteel and fashionably cut garments worn on previous Occasions, and with face ruddy ana cleanly shaven and hair neatly and carefully combed as in his prior appearances in Court. On the contrary, he was poorly ciad, wearing a dingy gray coat and with face unshaven and cravat awry, and his hair, which is rather thin, standin; out on end. He looked feeble, too, and a mournfu listiessness faintly gieamed iroin his jack-lustre eyes. GETTING A JURY. Directly after the calling of the case and the counsel on both sides having expressed their readi- ness to proceed with the trial, the work of getting a jury was promptiy entered upon. A panel of 100 jurors had been drawn ior the purpose. From this number it was confidently believed the required complement could be easily obtained, but it did not rove 80, and the result was not long in developing self, In order to save time it was arranged that each Juror should first be asked if he had consct- entious scruples against bringing in a verdict of guilty where the verdict was death. One would hardly believe that such an amount of conscien- tioushess pervaded the community on this subject. Many got off on this plea, but the diMculty in most cases Was the searching process of questioning to which they were subjected by the prisoner's counsel. For the most part it was tedious, as such catechismg processes usually are, but there were oceastoually refreshing oases in the desert waste Of stereotype questions and answers. “Have bi @ blas against the prisoner ?’’ one was asked. “On the contrary,” answered the juror, “I have wumerny® bias for @ man who has committed a crime.” “Do you believe you could give a verdict accord- ing to the evidence 7’ was one of the usual ques- tions asked another, “To be frank,”’ replied the juror, “I don't be- Neve I could; tor Teouldn’t give my mind to tae evidence, I am so absorbed in my pusiness."" “That opeus @ bew chance of escape from jury duty,” said Mr. Howe; “but you'll have to be ex- cused, I think.’? “Pl excuse him,’ remarked Mr. Phelps, “You are excused,”’ said the Judge, “Thank you,” said the juror, aud then he asked, “T suppose I can now go to my business ¢”’ » query that evoked general laughter, “Have you read anything about the prisoner in the newspapers ?” Mr. Hall asked & juror, “7 read something the other day.’ “Did you form any ag from the facts you read /’ pursued the ex-Mayor, “The article contained no facts.’ “A newspaper article and no facts init? Well, that is nothing unusual,” observed Mr. Hail, in his irresistibly dry way, and again there was @ laugh, “Have you any impression as to the prisoner's guilty” Mr, Hall asked another candidate for the Jury box, “Yes, sir; Thad.’ “Has anything said or done in Conrt, or the prisoner's plea or his demeanor changed your opinion?” Yes, sir; I think he 1s imbecil.”” 1 excuse the juror,’? said the District Attorney. ‘Have you fortmed Any opinion as to prisoper’s gullt/”” was one of the questious put by Mr. Howe to 4 juror. “Yes; but I now think he ts not in his right mind, I have opinions for and against nim.’ This juror was declared tneompetent. But columns migut be fillea with this sort of thing, At three o’clock the panel was declared exhausted, and four jurors were obtained, The names of the jurors are M, J. Cochran, David Ackerman, Adolph eims and Adolph Schroeder, Another panel of 100 additional jurors was ordered for this morning, and then the Court adjourned, BOMANJEE BYRAMJEE COLAH. The Crazy Parsee Merchant—Sequel of His Conveyance to India—A Nice Bill of Expenses. Three years is a long time in New York, measur- ing time by the course of events, but the public have not yet forgotten the case of Bomanjee Byram- Jee Colah, the Parsee merchant of Bombay. Colah left Bombay in 1870, bringing with him more than $100,000 in personal property. He went to Calcut- ta, whence he proceeded to Europe, and in May, 1870, came to this city, and, upon his arrival, went to the Fifth Avenue Hotel He circulated business cards describing himself as India- man and Parsee, He shortly after re- moved to he Hoffman House, where he was taken charge of 4 the police authorities, having shown decided symptoms of insanity. A COMMISSION OF LUNACY, appointed upon application of ‘the British ‘ice-Consul (he being a British subject), found him insane. Committees of his person and es- tate were appointed, and he was transferred to a private lunatic asylum at Fishkill. At this time Major A. G. Constable had taken a very active interest in the cage. He had been for some years @ resident of,Bombay, was familiar with tho re- hgion of the Parsees and could communicate with Colah in Mahratta. The care of his person was then transferred to Oonstable. Nathaniel Jervis, the com- mittee of his estate, found $40,000 and a bill of lading of a large shipment of gold to this coun- try, which was traced to the possession of one of the proprietors of the Hoffman House. The total amount, $105,000, was invested by Mr. Jervis. Colah was found to have a wile and two children in Bombay. As is well known there were various presecuiaae in tne Courts growing out of his lunacy, and, after a thorough invtatigation, Chief Justice Daly directed that he be SENT TO HIS NATIVE COUNTRY, Les way of San Francisco and Hong Kong, and lajor Constable to have charge of his conveyance, Major Constable was given $5,000 for his ser- vices and expended $10,856 in disbursements, one item being $250 for wines and liquors for himself and $500 for expenses of a trip to Na- saki, while the Innatic remained at Hong ong. The matter of allowing this bill was given to Mr, William ©. Traphagan, referee. Motion was made yesterday before Judge Robinson in Com- mon Pleas Chambers to confirm the report, The referee reported in faver of the $10,856, but dis- allowed $2,074 of disbursements, and also a claim for $7,500 additional for services, and found Con- stable indebted to the estate to the amount of $2,074, the disallowed disbursements. There was a multiplicity of lawyers in the case, Mr. Lowrey appearing for Rrown, Bros. & Co,, committee of the estate in India; Mr. Odell for Mr. Constable, and Mr, Walker for the wife of the Parsee mer- chant, After hearing the argument on beth sides the Court took the papers, reserving its decision. FECHTER’S FOLLY. Effort to Vacate the Attachment Against the Fourteenth Street Theatre and Res- cue It trom the Clutches of the Sheriff The Latest Phase of the Case in the Courts. In the Supreme Court Chambers, before Judge Barrett, there was an extended reading of affida- vits and accompanying argument upon a motion made yesterday to set aside the warrant of attach- ment granted against the Fourteenth Street Thea- tre, formerly known as the French Theatre, and also to set aside the order for service of summons by publication, in the suit brought by Charles Fech- ter, the actor, against Mr. Watts Sherman, of the firm of Duncan, Sherman & Co., the particulars of which suit have already been published in full in the HERALD. It will be remembered that Mr. Fech- ter seeks to recover $412,000, the sum he claims to have lost through the alleged failure of Mr. Sher- man in completing his part of the con- tract In putting the Fourteenth Street Theatre in running order, preliminary to the consumma- tion of its purchase by Mr. Fechter and transfer to him of the title deeds, The attachment was ranted in the amount of $75,000, the sum total of fir. Fechter’s pecuniary Outlay, and, as will be further remembered, was granted on the ground of his being a non-resident. Mr. Laroque, of the firm of Barlow, Laroque & Mactarland, who are Mr. Sherman’s lawyers, read an aiidavit of Wm. Butler Duncan, setting forth the fact that there is no branch of their banking estab- lishment in London, where Mr. Sherman's resi- dence is claimed to be; that the latter has been a partner in the house since 1865; that his residence is 246 Fi/thavenue, which is now in charge of his servants; that he tett this city early in January last, with his wise and child, for a pleasure tour in Europe, and that his intention is to return to tiis city during the coming Summer, Afil- davits of Mr. Francis H. Grane, a partner in the establishment of Mr. Agnus Mackintosh, its corresponding clerk, and of Mr. J. C. Hull, its cashier, were read corroborative of Mr. Duncan’s statements. These affidavits, Mr. Laroque con- tended, conclusively rebutted the allegation of Mr. Sherman being a non-resident, and in support 01 the motion he cited vartous authorities. In opposition to this motion, on behalf of Mr. Fechter, several affidavits were read by Mr. Blandy, of the firm of Hall& Blandy. Among these Was a conditional affidavit by Mr. Fechter stating that Duncan, Sherman & Co. do their European business through the Banking Exchange of Londdn. and that Mr. Sherman at present is in charge o! thus branch of the business. Mr. Peter H. Lynch, a Deputy Sheriff, also makes afidavit that he called recently at the banking house of Duncan, Sherman & ©o., of this city, and was there told that the bank in London specified by Mr. Fechter was Mr. Sherman’s present addr-ss, When Mr, Bland; had concluded reading his aMdavits, Mr, D. M, Porter entered upon an claborate argument show- ing the grounds upon which the motion should not be granted. He contended that the prolonged absence of Mr. Sherman, even as shown by the opposing aMdavits, justified the warrant of attach- ment; that the right tosue out an attachment does not depend upon ay change of domicile of the debtor; that the actual non-residence without regard to domicile constituted sufficient basis for the attachment, and that @ person detained abroad is @ non-resident within the meaning of the statute, After hearing the argument the Judge took the papers, reserving his decision, Meantime tne theatre remains in the custody o/ the Sherif, THE PITTSBURG BOND ROBBERY. ne renee The Alleged Robber Sent to Pittsburg for Trial—Attempt to Rescue Him from the Pennsylvania Officers, Charles G. Hampton, the alleged Pittsburg bond robber, was yesterday brought before Judge Brady, at the Court of Oyer and Terminer, on the writ of habeas corpus previously obtained by Mr. William F. Howe, his counsel. On the facts of the case being made known to Judge Brady the prisoner was forth- with given over to the charge of the Pittsburg officers sent for him, with a requisition of Governor Hartranit, of Pennsylvania, and upon whieh requi- sition Governor Dix had granted a warrant of extradition. Immediately after the discharge of Hampton he was conducted to Judson Jarvis’ rooms in the Sheriff's office, where officer Benson of the Secret Service division, Whose name appeared in Governor Hartranft’s requisition to receive him, was, with other secret service men, in attendance. Mr. Jarvis detailed OMcers Erb and Gale to escort him to the headquarters of Colonel Whitley, in Bleecker street, fearing an attempt at rescue. These precautions proved to be well taken, jor the moment the carriage, with the prisoner, Mr. Benson, his assistants and the Deputy Sheritis, departed trom the Cit, Hall Park two carriages, flied, it is supposed, with friends of the prisoner bent upon a rescue, started in pursuit. Seeing this movement Jarvis quickly cailed a coupé, and jumping into it, with two ofti- cers, started in pursuit to aid the secret service men. The four carriages bowled rapidly over the cobble stones, but the one containing the prisoner and Jarvis’ coupé made betier time, and reached Colonel Whitley's oflice without be attacked, 8, however, Were not to be balked thus nd When, afew minutes later, the carriages tor Desbrosses street ferry they were again but safeiy arrived at the jerry house, where Benson gave Jarvis a receipt for kis pris- oner and crossed over to take the train for Pitts- burg, where Hampton will be arraigned, Antici- puting a further attempt to rescue the prisoner, r. Jarvis directed Deputy Sherif! Erb to agcom- any Colonel] Wintley’s man as jar as Newark and Jeputy Sheriff Gale to go as far as Pittsburg. Such determination was manifested by the Iriends of Hampton to rescue hisa that they may get on the train and attempt to wrest him from the ofli¢ers en route, BUSINESS IN THE OTHER COURTS, tinea UNITED STATES ClRCUIT COURT. A Heavy Verdict—The Value of a Cargo of Wheat, Before Judge Smaticy. There has been on trial for some days past, be- fore Judge Smalley and a jury, the case of the Mil- waukee National Bank of Wisconsin vs. Hug! and Others, The action was instituted to recover the alleged value of a cargo of wheat, This cargo was shipped by the firm of Moure, Ghureh & Bell, of Milwaukee, on the order of BE, T. Smith & Co, The price of the cargo was to be paid—portion in time drafts and portion in drafts on sight. The plaintiffs discounted all of taese drafts, which, to- gether with the bills of lading, tgey forwarded to the City Bank of Oswego; but they notified the bank, at the same time, not to deliver the wheat until all the drafts were paid, The City Bank of Oswego, having presented the drafts to E, 1. Smith & the latter accepted the drafts on time, but paid those on sight. The wheat was brought to Oswego, and soon after it arrived there the bank the captains of the boats to deliver it at the elevator, of which E, T, Smith & Co, were sole lessees. The wheat was to be delivered on account of T. 8, Baker, cashier, and to be subject to the order of the bank. In obedience to instructions of the bank it was delivered, and without the consent or authority of the bank E. 1. Smith & Co. sold the wheat to Randall & Kenyon. Upon the orders of FE. T, Smith & Co, the wheat was shipped in poate and bills of lading were procured. In these bills 1 ‘was set forth that Randall & Kenyon were the shippers of the wheat. The defendants advanced a considerable amount of money on account of the bills of lading. In the progress of the case Judge Smalley held that the gale of the wheat to Randall & Kenyon was n0t authorized by anything that had appeared in the course of the trial; that the sale vested in them no title to the wheat, and that the detena- ants did not gain any title to the wheat as against the plaintitts. Yesterday, by direction of the Court, the jury found a verdict for the plaintii for $24,686 10, SUPREME COURT—CHAMBERS. Decision, By Judge Barrett. Murphy and otiers vs. Hasweil.—Memorandum for. counsel, SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Van Vorst. ‘Thomas vs. Sherard.—Order granted, The Marine National Bank of the City of New York va. The National City Bank of New York,— Order granted, Sheehan vs. Edgar.—Case ordered to be filed. Goodrich vs. Sweeny.—Case settled and fled. Mulsham vs, Hassey.—Motion ‘anted on pay- pent of $10, costs of the term, and $10 costs of the motion, Rock vs, McRekard.—Motion granted and case referred. COURT OF COMMON PLEAS—SPECIAL TERM. Decisions. By Judge Loew. Bispham vs, Keech.—Case settled, By Judge J. F. Daly. Perry vs. Joslin.—Bond approved. MARINE COURT—CHAMBEAS. Arrest for Fraudulently Disposing of Property. Before Judge Shea. Daniel Kelly vs. Addie Freeman and Charles Dia- mond.—This is @ sult to recover the value of $500 worth of furniture, purchased by Freeman, one of the defendants, from the plaintiff, on the instal- ment system. Plaintiff charges that all Freeman paid was $75 on account, and that shortly after the purchase she and Diamond, the other defendant, fraudulently sold the property and converted the money to their own use. Judge Shea issued an order against the parties, and Diamond was ar- rested and committed to Ludlow Street Jail in delault of $700 bail. COURT OF GENERAL SESSIONS. “Mart” Allen on Trial for an Alleged Burglary in Mercer Strect—“‘Wes” Allen and Wiley Demand Separate Trials. Before Recorder Hackett. This Court was occupied yesterday in the trial of an indictment for burglary in the third degree, found by the Grand Jury on the 2d of this month against Martin Allen, alias John B. Coles; Charles W. Allen, alias Wesley Allen, and Henry Wiley, for “burglary in the third degree, second offence,” Martin Allen demanded a separate trial, which was his legal right, The names of these Allen brothers being well known to the readers of the criminal records of the public journals, the counsel for the accused, ex-Judge Beach and Mr. Peter Mitchell, examined each juror separately, so that an hour was spent in obtaining an “impartial” jury. Assistant District Attorney Russell pro- ceeded to open the case, and stated that the ac- cused and the other co-defendants were indicted for committing a burglary upon the fancy store of John C, Kohlsatt & Sons, Nos. 9, 11 and 13 Mer- cer street, on the night of the 29th of March, and that the testimony which would be adduced against the defendant was of a circumstantial character. The first witness called was Frederick Friedhom, anemployé in the above-named store, who testi- fied that on the night of the burglary he locked the premises about a quarter-past six o’clock, and was summoned there at three o’clock in the morn- ing by police officers. Charies W. Kohisatt, & member of the firm, proved that several thousand dollars’ worth of silks and velvets were in the building at the time; he knew nothing of the burglary until nine o’clock on the following morning. Officer Jackson, of the Eighth precinct, was ex- amined at length, and detailed the circumstances attending the discovery of the burgiarious entry into the premises in question; he iett the station house at rats deg and while going through Mer- cer street trying the doors he discovered three persons advancing {rom Canal street, but they were so far away that he was unable to recognize them; they turned and went back; he then went on trying the doors, and when he came to No. 13 he noticed that it had a strange pad- lock on, and, upon pushing the door with his club, the door went in about half an inch; Jach- son and Officer Wilson stationed theinselves in the doorway of 15, and while standing there two per- sons came along—one a large, square built man and @ smail man, the latter wearing a Scotch cap with white spots in it—and in a few minutes atter that another man who wore a silk hat, all passing to Canal street; he (Jackson) thought the last man was Wesley Allen; he caught a glimpse of his side face, but did not see the faces of the other men; subsequently, only ashort time after that, he ar- rested Wesley Allen, and upon searching hin found @ padiock and key (produced) and some red pepper. Officer Maloney testified that on the night in question, about half-past twelve, he saw two men in Canal street, between Church street and Broad- way, one of whom he was positive at the time was Martin Allen, and he was aiterwards satisfied tne other man was Wesley Allen; he saw Officer Jack- son arrest Wesley Allen, and hail an hour aiter- wards he (Maloney) saw the prisoner at the corner of Vooster and Canal streets, and followed him up Canal towards Broadway, in reply toa question of the oficer he said that he lived in Twenty-sixth Street and was going over to get a Third avenue car. The officer ested him, and ashe turned him around to look at him he threw red pepper in his eyes and said, using language too prolane to repeat, “I'll cut the heart out of you.” The pris- oner ran, toliowed by the officer, and was captured in Elm street by two Fourteenth ward officers. Be- fore the prisoner threw the pepper he unbuttoned his coat and dropped three large canvas bags on the sidewalk, which were afterwards picked up by an officer, Ofticers Henderson and Mullen testified that on the night of the burglary, about ejeven o'clock, they went into an oyster saioon in Canal street, between Greene and Wooster, and saw “Mart” and “Wes” Allen and Wiley in there sitting ata table; “Wes” was “fumbling” with a lar, red pepper box; alter they went out Uilicer Henderson took possession of the pepper box; he and Muiien looked Jor them, but they were not to be seen on the corner, and the next they saw of them w: the station house on the following morning. Assistant District Attorney Russell offered an exemplified copy of the record of @ trial which took place at the Superior Court, Fairfield county, Connecticut, which set forth the fact that at tle August term of that Court Martin Alen, John Grady and Gilly McGioin were nvicted of grand larceny and each sentenced to the State Prison for five years in August, 1506, Henry A. Hurlbut, pow a conductor on the Flush- ing and North Side Railroad, testified that in 1860 he was a conductor on the New York and New Haven Railroad; was present at the trial of Alien and bis assoctates at Danbury for robbing a car of the Adams Express Company, on tie train of which he had charge, and positively identifed the prisoner as the same person Who was found guilty on that occasion. The trial will be finished to-day, TOMBS POLICE COURT. A Burglar Slides Off a Roof in His At- tempt to Escape and is Arvested=The Wiong Man in the Right Place. Before Judge Dowling. Late on Sunday night @ man named Cornelius Mahoney was tound lying almost insensible in the yard of the premises No, 158 Greenwich street by Officer Patrick Byrnes, of the Twenty-seventh pre- cinct, The wounded man was carried to the sta- tion house, where he stated that he had fallen from the extension roof of the adjoining building, which fronts on No, 68 Cortlandt street, and is vecupied @ wholesale drug store by Charles Pp. Judwin, Shortly vious to this Officer Hinchy, in trying the doors, r of 63 Cortiand ae bite Lng savy cause shoved up against it. On further tnves- eeaticn it was aiecoverad that the place bad been ENTERED BY BURGLARS, and about one hundred and eighty-five dollars’ worth of toilet articies, brierwood pipes, &c., had been carried off, Some twenty doliars’ worth of the pipes were found on the roof from which Ma- honey had fallen, He was suspected at once of bemg counected with the attempted burglary, and was arraigned before apage Dowling yesterday and held to answer 1n $1,000 bail. A Little Too Clever. On the 1¢th of April a coin check for $108, drawn by Leroy R. Tuttle, Assistant United States Treas- urer, on the Assistant United States Treasurer of Philadeiphia, to the order of John M. Woodward, of Marlton, Camden county, N.J., was sent by mis- take to Mr, Woodward, of Marlboro, N.J, Mr. Woodward, of Maribero, whose prefix is Gere, took advan of the situation and brought the check to New York and presented it at the office of Adams’ Express Company, asking them to send it to Fuiladetphis and collect it for him. He endorsed the check in the name of John M, Woodward. The check was accordingly sent to the ayency of the fpmpany in Philadelphia; and Mr. William Hoey, Cy rope tinrendent, Tecelved a despatch the next bey from Mr. B. Coleman, the Philadelphia Super- tendent, that the endorsement of the check was The case was put inthe “ha da of the poll ni authorities, and yesterday Mr, Geor ze Woodward, of Marlboro, was-arrested by OMmcer Finnert: , of the Twenty-seventh precinct, He was brought before Judge Dowling in the afternoon, Mr. Hoey being the cemplainant, The prisoner, a mai ‘about ‘thir years of age, cried like achild during the whole time he was in the Court. When asked what he had to say, he answered, sobbingly:—1 didn’t know what I was doing. didn’t mean to do it.” He admitted endorsing the check, and was held to answer, BROOKLYN COURTS. CITY COURT. The New Judge. On the 1st of May George G. Reynolds, who was elected last Fall a City Judge for the term of four- teen years, will enter upon the duties of his office. Judge George Thompson, who has held office as one of the Judges of this Court for the last six ears, Will retire, A mating of the Bar Associa- ton will be held on the 30th inst., for the purpose of taking action with reference to his retirement, The new bench of the City Court will be composed of Judges Neilson, McCue and Reynolds, CITY COURT—GENERAL TERM. Decisions. Underhill vs. Vandervort.—Judgment affirmed and motion for new trial denied. Opinion by Judge Thoeappon, Dissenting opinion by Judge McCue on file. David H. Van Wagner vs. Charles Halstead.— Judgment affirmed and new trial denied. Opinion yy oe Thompson. Concurred in by Judge e. CITY CCURT—SPECIAL TERM. Decisions. By Judge Thompson. Andrews vs. Breslau Batiding Association.— New trial granted upon payment by the defendants of the costs of the former trial. Opinion on file. Ross vs. Wood.—Motion denied pro forma, with- out costs. Memorandum. Decision on file. Thompson vs. Sheflela.—Decree should be made for a specific performance, or, in default thereof, for a judgment tor the value of the lot. See opinion on file. Richards vs. Walter Skiff, &c.—Motion denied, with usual costs. Bass vs. Doyle.—Motion for a new trial. See opinion on file. COURT OF SESSIONS. Assault with a Knife, Before Judge Moore, Francis McAlees was tried for assaulting Catherine O’Brien with a knife. It appeared that the assault was committed during an altercation in the tenement house No, 207 Prospect street on the 13th inst. Mrs. O’Brien was cut on the fingers and only slightly injured. icAlees said that the complaining witness and others had doused him with dirty water, pulled his hair and indulged in sundry other pleasantries at his expense. The prisoner was convicted and sentenced to the Penitentiary for one year. Accused of Larceny. Theodore Ferguson, colored, was tried on the charge of stealing clothing and other property from George E. Terry’s trunk, which was in a stable on Marcy avenue. He explained to the sat- isiaction of the jury that the property found in his possession had been given to him by another boy, ec Hall, who had stolen it. Ferguson was ac- quitted, THE JUSTH CASE, Testimony tor the Detence—The Alleged Conspiracy Against the Defendant— Mrs. Justh on the Stand—Her Version of the Scandal Story. The case of the People vs. Mrs, V. W. Justh was resumed yesterday at the Court House, Jamaica, before Judge Snedeker. The defence was then entered upon. The first witness called was a colored man, named Alexander Newsome, He had been a ser- vant in the employ of Dr. Grindle, and swore posi- tively that he had never seen Mr. Justh before though mis duty was to attend the door at thé doctor’s house; after he had been subpoenaed he was offered $20010 swear that he knew the lady; Mr. Justh tore up his subpoena and he feared he would be kidnapped aiterwards. John Mooney, brother of the detective, testifted that he knew Mrs. Jones, and that she called on him to know what she could get paid if she be- friended Justh; he told her she would have to see his brother when he returned from Europe; he further stated that Justh had offered him $100 to procure a man to swear that he had seen Mrs. Justh enter an assignation house with Colonel Burleigh, and that he iad given him $26 to procure for him a picture of that gentleman, and that he further offered him $500 11 he would get from Mr. Town- send’s office the papers that gentieman held in relation to the divorce suit now pending between himself and wife; he took the $25 and procured the picture and some decoy letters that were placed in Colonel Burleigh’s desk. TESTIMONY OF MRS. JUSTH. Mrs. Virginia W. Justh was then requested to take the stand. She testified that she was married to her husband in 1863; first saw Mrs, Jones in August, at Bee LEER) house in Oyster Bay; a letter received by her was signed Louisa H. Jones, re- questing her to cali at 78 verry street; wrote and made an appointment to mee: her at Fifth Avenue Hotel; stated in my letter that what she had said induced me to desire an interview; made it at the hotei and it was kept; Mrs. Jones stated that she could furnish some information that would be of use to me in my suit for divorce; sie came to my house aud requested me to pay her expenses, but nothing more was said apout money; was sick while Mrs. Jones was at my house; had a cataleptic fit, nothing more; did ride and drive with her, but bought no drugs at any time with her; gave her iifty dollars when she lett me; T was. not pregnant at the time; was regular in every respect, and had no abertion pro- duced; never Went to Mr. ‘lownsend’s oflice, but did cali on Mr. Mooney and showed him the letter; he told me it would be advisable for him to see her ; he brought her to lis oilice; 1 saw her there, an she stated that Mr. Justh wanted to give her $5,000 if she Would swear that she nursed me dur- ing the month of August, and she then wanted to know iff would give her an equal sum if she be- triended me; I told her [would net give her acent; told Mrs. Joues not to place to much confidence in Mr. Justh, he might not pay her; she said she de- pended upon one of his backers; Mr. Mooney said she should be careful, or she might be put to troubie ior blackmailing; Mrs, Jones never took a foetus from my house to bury, or washed any linen for me; I have cataleptic fits when I suffer from any great mental anxiety; know Colonel Burleigh, and first met him in Brooklyn, in the presence of his wie; that la ly knows that I am tond of hun as a friend. (Here letters were shown to Mrs. Justh, directed to Colonel Burleigh, and recognized by her as having been written and sent by her to him. Two or three of these let- ters were addressed to John Burnton.) Did not know Jonn Burnton, but wrote the letters to him and nad a cipher invented to test whether I was being betrayed by Mr. Van Wyck or not to Mr. Justh; Mr. Mooney was considered by Mr. Justh to be his triend; there never was any i proper intimacy between Colonel Burleigh and m; seli, and be never intimated that there should be; he has always treated me with kindness and re- spect; my cousin, Miss Jackson, was in the coun- try at the time of Mrs. Jones’ visit to me; Mrs, Burleigh was in delicate health and could not be with her children at Oyster Bay. The Court was then adjourned till eleven o'clock to-day. TIRE IN WILLIAMSBURG. A Frame Tenement House Wholly and Another Partially Destroyed—A Cat Emulates the Cow of Chicago, but Does Not Succeed So Well. ‘The three story frame tenement house 476 Broad- way, Williamsburg, took fire at about two o’clock yesterday- morning, and the occtpants escaped with diffculty, abandoning all their personal effects, The first story was occapled by Thomas McCatfrey as @ candy store, Loss on stock and fixtures, $300. The second and third stories were occupied as a residence by Maurice Flynn and fam- ily. Loss on furniture, $300, The loss on building, owned by Mrs. Catharine Patterson, is estimated at $1,800, “The Names having spread to the frame dwelling adjoining, owned by Ops Theodore Schaedel, damage to building and furniture esti- mated at $700 resulted. All the property de- stroyed was fully insured in the Phoenix and other companies. The origin of the fire is attributed to a cat upsetting @ lighted kerosene lamp. ! JUSTICE JUGGLED. Witnesses in the Sharkey Murder Case Leave for Parts Unknown. OFFICIAL STATEMENT OF THE CASE. Traced to Albany, and One of Them “Gone West.” Why the Case Was Not Tried Yesterday—Facta that Need Thorough Investigation—Sharkey is Satisfied to Go to State Prison for Life, but Does Not Want To Be Hanged— Witnesses in a Marder Case Not Held to Bail Astartling rumor found its way to the Olty Hall yesterday morning, and spread like wildfire through the different criminal Courts in session throughont the city. It was to the effect that cer- tain witnesses in a murder case which was to have been called for trial yesterday morning in the Court of General Sessions had left New York for Parts unknown; and would not be forthcoming to give testimony when called on by Clerk Sparks, The cage of William J. Sharkey, who stands in- dicted for THE MURDER OF ROBERT DUNN, ina saloon in Houston street, last Fall, the story of which must be still fresh in the minds of the readers of the HERALD, was set down for trial yes- terday morning in the Court of General Sessions, before Recorder Hackett. Contrary to general ex- pectation, the case of Allen, the alleged Eighth ward burglar, was called instead and proceeded with immediately. Shortly after this case had commenced the rumor began to spread that the witnesses for the prosecution in the Sharkey case had been tampered with, and that tne prisoner had offered District Attorney Phelps to plead toa charge of manslaughter in the third degree, the maximum punishment of which is seven years in the State Prison, provided that the charge of mur- der in the first degree, upon which he had been indicted, be withdrawn. This report caused THR GREATEST EXCITEMENT among the politicians around the City Hall, with all of whom Sharkey was well acquainted, A HeR- ALD reporter conversed with a prominent member of the fraternity on the subject, who rather natvely remarked :— “Well, you see, Iknew such a thing was in con- templation ior the last two months, but I never thought it could come to a head. It is done, { hear, though, and the best of it is the witnesses have not been held to appear against Sharkey in one dollar of bail. They all thought the witnesses were too good friends of poor Bob Dunn to say a word for Sharkey. I guess they were played upon, though.” Subsequent inquiries among this class by the HERALD reporter elicited the fact that it was pretty generally known among ward politicians that such an effort was recently being made by Shar- key’s friends, and that the prisoner was prepared to offer a mitigated plea. The principal witnesses against Sharkey—in fact, it is said, the only per- sons who were actual eye witnesses of the shooting by the prisoner—are two men who were drinking in the saloon with Sharkey and Dunn at the time the shooting took place, and the bartender. All three men, the above rumor stated, been spirited away, had been LAST SEEN IN ALBANY, on or about last Wednesday night, in close conver- sation with a prominent memover of the lobby, whence they had left for parts unknown. The re- porter traced this rumor to a@ reliable source, and to settle its truth or falsehood at once called at the fountain head—the District Attorney's oillce. Sending in his pasteboard to one of the most courteous and efficient prosecuting officers that ever represented the people, Assistant District Attorney Russell, he was at once accorded an interview, and discovered some facts in reference to this and other cases which will, no doubt, startle the community. It must be premised that Mr. Russell was unwilling at first to disclose anything with reference to Sharkey’s case, fearing the ends of justice might be deieated; but the reporter impressed upon him that the Bvening Telegram had part the rumor, as such, and as the harm, if any, had been done, he at once relented, and put him im possession of the exact facts. INTERVIEW WITH THE ASSISTANT ATTORNEY. “Mr, Russell,” began the reporter, “I have heard that some of the witnesses in the case of William J, Sharkey, the murderer of Robert Dunn, have fled from the city, 1s it so ?”” Mr. Russe.. (hesitatingly)—Yes, sir; we have lost two of them; but we have men on their track.” “Would you be Kind enough to put me in pos- session of the particulars ?”” “[ can only give you a meagre story. The fact ts that 1 intended to call this case for trial in the Court of General Sessions, before Recorder Hackett, this morning, when I was informed that two of our most important witnesses, who had ap- peared before the Grand Jury, and upon whose testimony the indictment had been mainly found would not be forthcoming if called. Of course ‘was obliged to abandon the case for the present.” “Could you give me the names of those wit- nesses?” “If I knew them I would not care to give them without the authority of Mr. Phelps, The fact is that I do not really know them myself.” “Have you any idea where they have fied to, Mr. Russell?’ “As I told you, sir, we have good men on their track. As soon as the District Attorney aeard tie rumor he put them on, and we have traced two of them as far as Albany.’? “Have you any idea of their destination after thatr” DISTRICT “GONE WEST.” “We appear to have lost sight of one here, but the other. has ‘gone West’ we know. Tne public need not fear—we will get these witnesses.” “There is a rumor to the effect that Sharkey has offered to plead guilty of a charge of manslaughter in the second degree if the charge of murder in the first degree against him should be with- drawn.” “No, bat I will tell you what I did hear and what will no doubt startie you. 1 have heard it in the office and it will be, doubtiess, impossible for you to verily it now, namely, that Sharkey has offered to plead guilty to murder in the second degree, or, as it is now called, manslaughter in the first degree, the punishment for which is imprisonment tor life in Sing Sigg. Sharkey is willing to go to the State Prison for the remainder of his natural lite, but he does not want to be hanged. We will get those witnesses, ee will find, Why, in the short time we have been here we have had numbers of cases of this kind. | brought ONE WITNESS FROM COLORADO once, and it occurs every other day that witnesses fly. In such cases we can generally tell what is the matter when a ‘shyster’ lawyer comes bius- wae in here and asks why his client’s case is not tried immediately. Sometimes it is the criminal himself, Some time ago we had aman indicted who fled to New Jersey. We had @ witness against him locked upin the House of Detention for two mouths, and had to let him goin theend, The moment the criminal heard he was gone he came here and offered himself up and demanded trial immediately, As we had kept the witness for two months, we locked him up last weck.”” Mr. Russell did not know whether the witnesses in Sharkey’s case had been bailed, as the indict- ment had been found under ex-District Attorney bod regime, aud beiore he had come into oftice. THE WITNESSES NEVER BAILED. The reporter then went to the office of Mr. Sparks, the Clerk of the Court of General Sessions, from whom he learned that the witnesses in the Sharkey murder case had never been held to bail after the indictment had been found against him by the Grand Jury, “They may have been batled by the Coroner,’” said Mr. Sparks, “but not here.” The reporter then went to Coroner Young's office, in the Sun building, where he learned tiat no bail had been fixed for any of the witnesses in this murder case. Of course Coroner Young is not responsibie, once the Grand Jury takes the case out of his hands, but fie Obvious reason for this omis- sion by District Atorney Garvin and his successor, Mr. Phelps, seems to be that the witnesses in the case were all supposed to be particuiar friends of the deceased Robert Dunn and naturally no friends to his murderer, William Sharkey. ‘Aiter most diligent inquiries made by the HERALD reporter last night, he learned that the names of the two men who have fled, and aiter whom the District Attorney has sent detective officers, are John D. Betts and William Waish. He also learned that, though it is supposed in the District Attor- ney’s office that only two of the witnesses have fed, a third is also missing, namely— THE BARTENDER ofthe saloon in which Dunn was shot, From ene who supposses he is intimately acquainted with Sharkey and his intentions,we learned that the lat- ter, so lar from pieading to an indictinent the pun- ishment for which is unprisonment jor tife, Sharkey demands an immediate trial and hopes to get oif with Samer of three or four years in the State Prison. The case of Sharkey is a strange one trom the beginning to the end. His counsel, Mr, Peter Mitcheil, 1s, or was recently, the law partner of Mr, Alien, the Chief Clerk in the District Attorney's Omee (under both Mr. Garvin and Mr, Phelps), who was Fester’s counsel, while bis chief prose- cuted him, The murder was committed seven or eight months ago, has never been brought to trial, and the witnesses, upon which the prosecution solely relied, are how no where to be found, and not one dollar of bail forieited by their absence. TE TL Se ee