The New York Herald Newspaper, May 3, 1873, Page 8

~ A Plea of THE COURTS. THE TRIAL OF BLEAKLEY. Insanity Interposed by Pris- oner’s Counsel. __ TESTIMONY AS TO HIS PAST HISTORY. "THE OCEAN BANK ROBBERY. Te Suit by the Bank of Lyons, lowa—A Third Trial and Final Verdict--- Important to Banks. BUSINESS IN THE OTHER COURTS. sBankraptey Oalendur—Penalty of Oareless Blasting—Important Proceedings in the General Sessions, The third trial brought by the First National Bank of Lyons, Iowa, against the Ocean Bank, of ‘this city, to recover $60,000, stolen from the latter dank in the burglary perpetrated upon it ome four years ago, was concluded yesterday be- fore Judge Larremore in the Court of Common Pleas. A verdict was given for the full amount @laimed. The result, as will be seen by the report ef the case elsewhere, is one of great interest to ‘bankers. ‘The trial of Robert P. Bleakley was resumed yes- ‘erday before Judge Brady in the Court of Oyer ‘and Terminer. As has been foreshadowed all along, the counsel for the prisoner in opening the ase interposed the plea of insanity. Several wit- ‘esses were cxamined for the defence and then an wjournment took place till next Monday, It is ‘mnderstood that most of the remaining testimony ‘will be that of medical experts in substantiation of ‘The insane theory of the defence, Since the trial of Michael Nixon Mr. William F. Howe, his counsel, has been busily engaged making Bp a dill of exceptions upon which to base his ‘@pplication for a stay of preceedings. On Thurs- @ay Judge Brady settied the bill, and yesterday Mr. Howe served the District Attorney with a Metice that ho will make application to-day to Judge Danforth, at Supreme Court, Chambers, fora stay. Nixon is said to have wholly recovered from ‘She mental and physical prostration he suffered ‘@mmediately after the death sentence, MAUD MERRILL’S MURDER. @pening of Counsel for the Detence=The Murder Justified on the Ground of Al- leged Insanity. As the trial of Robert P, Bleakley, for the mur- @er in December last, at a disreputable house in Beilson place, of his neice, Mury Ann Foley, alias ‘Maud Merrill, progresses, the public interest in the Proceedings seems to increase. A larger and more ager crowd thronged the Court of Oyer and Ter- mainer yesterday than on any previous day of the trial. Judge Brady occupied the bench as hereto- More and presided with his usual courteous dignity, The prisoner was still kept in a corner of the court oom, and still maintained the same seeming quiet ‘Andifference to the proceedings, The counsel were promptly in attendance—District Attorney Phelps mnd Assistant District Attorney Rollins for the Prosecution and ex-Mayor A. Oakey Hall and Wil- Mam F. Howe for the prisoner. OPENING FOR THE DEFENCE. Mr. William F. Howe proceeded to open for the @efence, He spoke an hour and a half, and, asa @efensive argument, a most eloquent, able and forcible one it was. He stated that during an ex- perience of twenty years’ practice in the criminal Wourts of this city he had seldom risen to address Bjury under more painful feclings or with greater Qnxiety than upon the present occasion. The lite “wf a fellow being was in their hands, The circum- @tances were peculiar. [le lad to combat a terri- Die prejudice—a prejudice against picas of in- wanity. It was their duty to wrest ali such preju- @ice from their minds and give their verdlet on the solid foundations of law, justice and tie sworn evidence. He insisted that Bleakley was not re- Sponsible for his acts at the time of the shooting, being 1n an insane state of mind breught about by the deep disgrace upon the hitherto unsuilied Dame of his family. Aiter showing that his heredi- tary insanity was inteusified by two severe in- juries on the head he cited numerous cases in which the defence was insanity where acquittals were obtained and the parties afterwards died in lunatic asylums. (ther cases were also cited where, in similar pieas, men had been executed for murder, and subsequent post-mortem examiba- dons showed that their brains were diseased. He felerred to the celebrated Macfarland case, and to ‘the strong public sentiment against his acquittal 0 the ground of insanity. The result, he claimed, fally justified the verdict, as Macfarland was now the inmate of a lunatic asylum. He gave a sketch of Fperleye and in glowing and eloquent terms @epicted his peculiar pride and sensitiveness, his of devotion to his sister and nieces, and his Self-sacrifices on their account. He alluded to his Patriotism as shown in the last war, when, rejected &s a soldier on account of physical disability, he Served asa musician. Coming down to. the time of shooting his niece, alter commenting on bis urgent entreaties to forsake her abandoned he spoke as follows :—“‘Bleakley looks at her. He traces in her features his dead sister's linea- ments, He thinks of hia own mother; of is boy- hood days; of the old village church, in which he used to kneel and pray when all was happy and the mame of Bleakley was an honored name. He knew 4hat the child of his dead sister was ruined and dishonored. He saw her tottering on the precipice Of heil, and at that moment, under those circum- @tances, in that state of frenzied mind, isit te be woudered at that reason, the monuch of the mind, ‘Was dethroned and fell insanity reigned in its gtead ? The resalt has been told. An instant be- Se young, {rail girl, stood in the bloom ef Was crimson to ner lips ind io her cit er lips and in her cheeks, wi And Death's paie fay'was not advanced vhere. @ moment how changed the scene. The warm Hife bicod is gushing torth; the pallor of death steals over that countenance. How sad the spece 1 To witness death in any form, or at any time, under any circumstances, is a scene of pain Mul solemuity, but to behold one in the morning z life enter eternity through that ‘vestibule of li,’ where she .was kept for filthy lucre’s sake, ‘Was enough to melt a heart of gtone.* In conclu: Bion, he insisted that Bleakiey shot his niece be- he was frenzied tuto the belief that it was his ity 80 do 60 to save lier soul; that this frenzy was by; that being insane he could not be held Secon for the act, and that it was their duty r this reason to acquit him. As the heathen of old worshipped the tree that had been struck by lightning, vo, he urged, it was their duty, as Chris- Gian men. to be moved to sympathy with human rrows. Mr. Howe, notwithstanding the length of opening, was listened to with the most earnest wpe Pas cee by st crowd Lara and at jose lic was warmly congratulated by all mewwbers of the bar seated pear him. FVIDENCR FOR THE DEFENCE. After Mr. Howe had finished his address the de- nce entered on their testimony, Mr. Ball, who gan the cxamination of the witnesses, called as the first wituess Miss Mary Ann Pradon. She testl- Ged that she was housekeeper at No. 116 ‘Twenty- Sixth street, where she went in July last; Miss yp Ad here at the time and reniained there fall December; sie had seen Bieakley at the house Gree or four time: he heard a conversation be- Sween him and ms ni once in her room; she and told witness afterwards that he wished ir to go liome ; the conversation was @ pleasagt ene in tone. (the Court ruled that the evidence Was not relevant to the question of insanity, and @hecked the further examination of ihe witness.) To Mr. Phelps—The cenversation referrea to took place about a month belore Mrs, Foley leit | SSaean Wilbur test!fled th 4 that Mrs, Fol + ae Ney Kad fi ear she left about the mes at her house. i © prisoner three . Ellen Wallace testified thst she lived i] De Kalb avenue, Brooklyn; she had Known tie iF about two years; she had seen his nie tie, With him ; she had seen him with a piste) Seemed much excited; she had asked Lottie why = brought tim there; she said he had a piatol id perhaps sie (witness) could do something ith him ; took out a pistol and she told hin it it up, her children were around and she afraid; he sak1 he wouldn’t hurt anyone ‘a ph it i put the pistol to his head; she told @ didu’t ate she would go Out of the use; then he put it in his ket and she got NEW YORK HERALD, SATURDAY, MAY 3, 1873—TRIPLE SHEET. pene sa af dpirited th 4 oe cent sometimes ver! Ww 8) 3 en about his sister's troubie and Polly was the before the shooting he was in, she had heard of his sister's death ane sympathized with him; he was crying he was ~ several times and was crying; he said later in the day that he had been looking jor his niece had failed to find her, and he should go next 4 John W. Leayerast testified that he known Bleakley for some time, and that he knew nothing of his character save what was good; the last time he saw him he seemed rambling tn his conversa- tion, and talked about having been di y his niece; he drank ecow BOR ARs but witmess never he worse for liquor. ae prt) J. Brady, surgeon of the Brooklyn olice, testified that he saw the prisoner at Police eadquarters ; he heard him talk to the reporters; seemed to ‘be cakn; thought he had little Idea of the enormity his crime; his principal, talk about the death of his sister, who, he understood him to gay, had been murdered; his chef talk was about sister; he acted like @ man who spposed he had done nis duty; he seemed to more tion to the trouble of his sister in Ireland than to the death of his neice; he acted like @ man wholly unconscious of the enormity of the act he had committed or of cause geet | on the its nature. To Mr. Phel He derived that idea from his telling the whole matter so quietly the reporters; his chief talk was about the disgrace brought on the jamily the killing of his sister by her hus- band; he said she and her busband had not lived happily together, and the husband killed her, cd the government tried to cover it up by making it out a suicide; he thought he said some- — abont his neice putting her hand in a bureau irawer. Catharine Jane Ackerman testified that in 1863 she first became acquainted with Bleakley; this ‘was in Brooklyn; she saw him frequently during four years,and then did not see him till last Novem- ber, when she met him at a party; he had so changed that she did not know him at first; he was thin, haggard and careworn, and acted very strangely. Q. From your notice of his conduct that evening what was your opinion of his rationality? ‘The question was objected to and objection sus- talned,to which an pecepsan was taken. Dr. Sullivan knew Bleakley during the war; he was a musician and played on the fife; he was & quiet, well disposed man, Arthur E. Hotchking had known the prisoner about thirteen years very intimately; often heard Bleakley talk about his family in Ireland; he re- membered bis saying just alter coming from Cali- fornia that his sister in Ireland was 80 treated by her husband that he was going altor her, and he did go, as he told him afterwards, to Ireland, and on his arrival was charged with having abducted his niece ; saw him about the 2igt of last November in the Navy Yard; witness worked with him in the Navy Yard; both he and Bleakley and numbers of others were discharged about that time. ly was he discharged? A. It,was just after election. (Laughter.) Q. There was & party at your house at which Bleakley was present? A. Yes; Bleakley was not Bleakley that night; he was generally lively, but this night he was morose and melancholy. Q. From his acta what were your views of his rationality ? There was an animated discussion upon this question, in which the counsel indulged in various pleasantries. ‘The end of the discussion, not the pleasantries, was exclusion of the question, to which exception was taken. Mr. Wallace, master workman in the Brooklyn Navy Yard, testified to procuring Bleakley a situa- tion as laborer in the Navy Yard; he disliked it and thought he degraded himself. Q. Did you ever hear him talk of his niece, the deceased? A. Yes. Tell the story. A. It would take a week to tell it, Judge Brady—Please don’t commence it then now. (Laughter.) Mr. Hall—UV’il not exact the entire narrative. Witness gave a long statement of the prisoner’s story, and then told of Bleakley even giving him a pistol ; how he appeared to be under great excite- ment and how he irequently cried when talking to him ; Bleakley told him on the morning of the sheot- ing that he would not call on Mary Ann Ltd more; witness get for him money due him from the Nav: Yard; Bleakley said he thought of going to Call- fornia to try and get work in the Navy Yard there. ‘To Mr. Phelps—Ile knew Bleakley was in tho habit of carrying a pistol, and seeing he was ex- cited he asked him to give it to him, which he did, It now beiag four o’cloek, the Court, after Judge Brady had repeated his previous admonitions to the jury about talking with no one on the subject of the trial or allowing any ene to talk with them on the subject, and also instructing them not to read anything about the case in the newspapers, adjourned till half past ten o’clock on Monda:; morning. THE OCEAN BANK ROBBERY. Verdict for the Fall Amount Claimed— Important to Banks All Over the Country. In June, 1869, a most. daring and successful burg- lary was committed upon the Ocean National Bank of this city. On Saturday night, or during Sunday or early on Monday morning, the burglary was committed. At all events, when the bank ‘was opened on Monday and a look taken into the vaults a startling state of facta presented itself, Nearly all the money, bonds, secari- ties and other valuables left there on deposit at the closing of the bank on the previous Saturday were gone. The burglars had made clean work of it. But it is unnecessary to recite in detail the particulars of an occurrence pub- lished so fully in the HERALD at the time and still 80 fresh in the public memory. At the time of the burglary above referred to the First National Bank of Lyons, Iowa, had on deposit in the bank $50,000 in United States five-twenty bonds, which, with their other booty, was carried away by the burglars. It was a serious loss to the remote rural bank, aud they looked to the Ocean Bank for indemnity for their loss. The officers of the latter bank did not, under the circumstances, consider themselves liable‘ ana refuse to make good this demand upon their already severely depleted exchequer. The result of this refusal was a suit brought bythe Bank of Lyons against the Ocean Bank to compel its pay- ment. As is usual the suit met with the proverbial law's delays, but finally it came to trial in Januar, last in the Court of Common Pleas, before Juage J. F. Daiy. After being protracted five days one of the counsel for the -defendant was taken sick, and in consequence the trial was abandoned then and went over till March. It was then ried before Judge Larremore and lasted ior ten days, when fragt’ fe ht in a ver- dict of disagreement. For a third time it was brought to triai before the same Judge, and the trial ended yesterday, Some new and important testimony was elicited. It was shown, for in- stance, that the door to the vault had sagged so as to leave an open space for wedges, jimmies and owder; that there was no night watchman; that here Was no light in the bank at night, and that they had an iacompetent janitor, a negro, who had been formerly employed as a waiter. ‘The Judge charged that if they found gross negligence on ‘the part of the bunk officials they must render a ver- dict for the plaintiff. The case was given to the jury at six o'clock last evening. The jury was out two hours, aud brought in @ verdict for $53,000, being the fuli amonnt claimed, and also charging gross negligence to the officers. Of course in a case of such Magnitude there was a multiplicity Of able counsel on both sides. For the plaintiff there appeared Messrs. Birdseye, Cloyd and Bay- liss, together with Mr. Join Sisson and Messrs. Nor- ris and Lord, and for the defendant Messrs. S. D. Smith, John KE. Parsons, F. N. Bangs and F. W. Davis. Meanwhile it should be stated that the Ocean Bank has failed since the institution of this suit, but of course the amount of the verdict is good against the stockholders. A poiat like tne present one has never before come up in the Courta pili be of interest to bankers all over the country. BUSINESS IN THE OTHER OOURTS. UNITED STATES DISTRICT COURT. Bankruptcy Calendar for This Day. Xo. 2815, Weed va, Wilder 4 Wilder. 0, . The eport Brass Com vs. Richard Baxter. sis jo. 3922, Robert J. Hognet et al. vs. Gustavus Runkel. No. 3945, Simpson et al. vs, Wilson & Gott. No, 3946, King et al. vs, Wilson & Gott. No. 3964. Austin vs. Funk & Steinhardt. No. 3080, Crook Vs. L. Shuster Smiti. No. 3986. Veit vs, Norman & Norman, No, 3901. Strain et al. v8. The Manhattaw Sewing Machine Company. No. 4007, Beebacher va. Daly. No, 4008, Herrmann vs. Dinzee, some dinner; her ,husband came in and got y's name was mentioned Sea"hob from him; 8nd he began crying; she met bin several times No. 4010, Baldwin e¢ al, Nichols, No, 4011, Schroeder vs. Schedei. No, 4014. Dornin vs. Cox. No. 4015. Laue et al. vs. Brown, Harris & Hop- kins. No, 4016, Schafer ct al. vs, Moos, No. 4017. Perrine vs. Cox. ARGUMENT CALENDAR. No. 8896. John Westervelt vs. John 0. Wester- veit and Milton H. Burns. ahem Thomas Maddock et al. vs. Burtis & lood. COURT OF COMMOM PLEAS—TRIAL TERM. Verdict of Damages Against Judge Coulter. Before Judge J. F. Daly. While James £. Coulter, one of the present Police Justices, was Harbor Master he formed for his son @ partuersiip in the oil business, with a man named Finley, He elaims to have put in all the capital, and, Onding the venture without profita- ble returns, the partnerspip, as he says, was b; tantual consent dissolved, "A bill eae 1 agaltuy the ‘parties from James & Carringion, and as udge Coulter, Who Was reg@yded a3 the financial backer of the concern, would not pay it on the groand of the liability having been incurred subse- quent to the dissolution of the. partag: ult was brought inst him for the amoant. Finley dented the ment of the partnership having been dissolved, and the jury brought in a verdict for ==. oeing the amount claimed, with in- Damages Through a Blasting Casualty. Some tame since Peter Farley obtained a contract for blasting rocks in Fifty-sixth street, between Second and Third avenues. Elizabeth White, while Teaehing cinthes on the fourth floor of a house in the vicinity, was struck by astone trom a biast, the stone, which weighed some twelve pounds, hay broken the blinds and ceme through the window and hit her in the stomaca. She ciaims to have been tuvalided ever since, and brought suit for $5,000 dat 8. Witnesses swore that the: saw the stone come from a biast of Farley’s, while Other witnesses swore that there were two other Diasts in the vicinity. The ty evidently credited the statements of Mrs, White and her wituesses, and gave her a verdict for $1,300, SUPREME COUAT—CHAMBERS. Decisions, By Judge Danforth. Bernhetm vs. Adelsberger et al,—Motion granted. Brown vs. Wing.—Motion granted, with five per cent extra allowance, Ward vs. Leonard.—Temporary injunction va- cated and motion denied, with $10 costs to defen- dant, Gil et al, vs. Kelly.—Order of arrest vacated, with $10 costs to defendant. eee Same va. Same.—Place of trial chan; county of Rensselaer. No costs on motion. Same vs. Same.—Relerence granted, &c., unless parties agree on referee. No costs on motion. SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Sedgwick. vs. Wright & Tremaine.—O! granting moti Riggs vs. Seeley.—Order removing cause to the United States Circuit Court. Newcombe vs. Lahey.—Order appointing re- ceiver. Deitz vs. Deitz.—Order of reference, COURT OF GENERAL SESSIONS. Close of the Term-—Discharge of the Grand Jury—A Presentment Kecom- mending Legislative Action in Refer= ence to Concert Saloons, Before Judge Sutherland. The April term of this Court closed yesterday. City Judge Sutherland, in the absence of Recorder Hackett, who presided during the month, occupied the bench, ‘There were 167 cases disposed of by the Recorder and Assistant District Attorney Russell, which was a good month’s work. A number of un; important motions were made by counsel for prisoners, the majority of them being for the re- duction of bail. The Grand Jury came into Court at noon with a batch of indictments for larcenies and burglaries, to which the prnoners pleaded not galley. The foreman stated that the Grand Jury ha mpleted their labors, whereupon His Honor discharged them with tne thanks of the Court, The subjoined presentment was placed on file:— Guanp Jory Room, May 2, 1873. In the course of thelr duties the Grant Inquest had the case of a United States marine, just arrived ip port, who in one visit parted with $170 in what is know" As @ con- cert saloon—a disreputable licensed Nquor house. The taking of the money was admitted by the inmates, and the only pretence or excuse rendered was that, the ma- rine had ordered and used thirty-four bottles of wine, at $5 per bottie, in one evening. In order to learn In what way the, a could properly act in aid of the punishment of the offen consulted the District Attorney, His Honor the Mayor, the President of the, Board of Police Commissioners, and several police captains sent to the jury by the latter oficial. The lt or these efforts the jury respect tully report, with their suggestions as to a remedy for this current évil, of which they learn this case is but a commen one :— First—That such houses have Heenses from the Board of rder lers the Excise, and no matter how mistaken that Board may have been as to the character of the person they once give a license to, they lave no power to revoke or sus- end it. P&econd—That when the police “pull,” -as they éall it, such houses the Police Judges unftormly release the ac: cused on a license being produced. Third—That neither the Mayor nor the Police Commis- sioners have any power to ‘punisij or discontinue such uses, or to close the houses when they occur. ‘ourth—The jury are advised by their law officer, the istrict Attorney, that the owners and agents of premises that are rei for immoral purposes, and thereby pro- duce rents that no respectable business can afford to pay, ave liable to criminal prosecution and punishment, See People vs. krwin, 4 Denio, page 129, ‘The Grand Jury, therefore, present the fact: as an evil of great magnitude in this city, recommend to the Court and the proper authorities such action upon ft, either by the Courts prosecuting owners and agents who prostiinte their property to such pur- Pose that the Legislature provide more direct and speedy means for the overthrow of this practice, now so general and so destructive to the moral and physical in- terosts of the community, WILLIAM HABIESUAW, Foreman. Larcenics. Rosa Clarke, who, on the 20th of April, stole ladies’ wearing apparel valued at $187 from Mrs, Julia DeCosta, 815 West Forty-eighth street, by whom she was employed as a pete at guilty to an attempt at grand larceny. he pris- oner returned all the property. Penitentiary one year was the sentence Imposed by the Judge. James Jennison pleaded guilty to petty larceny, the charge against him being that on the 24th of last mouth he stole a shawl valued at $26, the prop- erty of Margaret Honigan. He was sent to the Penitentiary for six month TOMBS POLICE COURT. An Old Tar Gets in Trouble Through His Gallantry. Before Judge Dowiing. Charles Edwards is a satlor about fifty years of age and has served twenty years of his life in the United States Navy, About four months ago, while in the South Pacific on board of the United States steamer Tuscarora, he fell from the topgallant yard and dislocated his shoulder, He was brought to the Brooklyn bid Yard, and.since that time has been.in the Naval Hospital. Yesterday morning he lett the hospital and came to New York by way of thei Catharine street ferry. In Rosevelt street Edwards met &@ woman, who told him she was hun- gry and had no money. The old sailor gallantly asked the woman to accompany him to @ restau- rant, They went together to a place in Roosevelt street, and while there a young rufian, named ‘Thomas Counoliy, came up and addressed some in- sulting remarks to tle female who was under the Sailor’s protection, Edwards resented it at once, and Connolly picked up a hatchet and struck him on the side of the head, inflicting a deep gash. Connolly was arrested by OMcer Cain, of the Fourth precinct, and brought belore Judge Dow- ling yesterday. When the complainant came into court nis countenance presented a frightful pic- ture, and his head was covered with blood, Judge Dewling looked at the oMcer and said, “Don't you know better than to bring @ man through the streets in this condition? What offi- cer was in ee last night that he should allow such a thing? 1 will not lear a complaint until he is brought toa doctor and has had his wounds dressed.” Edwards was then taken away by the officer in charge and returned in about an hour, The pris- oner, who is a desperate-looking character, and bears a strong resemblance to ‘ tain Jack,” was committed for trial, The complainant was sent to the House of Detention, UNITED STATES SUPREME COURT. a as stated, beg to Decisions. WASiINGTON, D. ©. No, 284. Merrill et al. vs. Schooner Mary Evelyn, &c.—Appeal from the Circutt Court for the Sonth- ern district of New York.—Tiis was a libel to re- cover for the loss of the sloop Ethan Allen, occa- sioned by a collision with the schooner in the chan- neleast of Blackweil’s Island, at the entrance of Long Island Sound, in September, 1863. The Circuit Court affirmed a decree of the District Court dis- mixsing the libeL That decree is were reversed, the Court holding that the Captain of the Evelyn was at fault in coududing that the Allen would go to the Blackwell's Island side of the channel, and that there was plenty of room for her there. ‘This theory of his, upon which le acted and mawuvred May 2, 1873, his vessel, was ihe occasion of the collision. Mr. Justice Hunt delivered the opinion. The Chief Justice annayneed tne followmg amend- ment to the eighth rule of the Conrt:—Tnhai here- after, In all cases brought to this Court by writ of error or appeal to review any jnagment or decree, | the Cierk of the Court by which suck jadgment or decree was rendered shail snnex to nd tragsmit with the record ac @ opinion oF opaplons filed in the case, ; ae No, 229. Wager et al. vs. Hall—Appeal from the Circuit Court for the Western district of Wiscon- sin.—This wus an afirmance of a decree in favor of Hall, the assignee in bankruptcy of one Lakin, 48 against the appellants, wno held property mort- aged to them by the krupt, the Court Custaln- ug the finding of the Court below that the mort- page Me Raped hs) Lakin was insolvent, and known to be so by the mertgagees, Mr, Clifford delivered the opinion,” hte oo: No, 484. Roddadent et al. vs. Heartt.et al.—Ap- peal from the Circuit Court for Li to dismiss dented. thn No, 485. Merrill et al. vs. Petty et al.—Appeal from the Cireutt Court for the Kastern district of New York. Dismissed tor want of jurisdiction, No, 666. Knickerbocker Insurance Company, of Chicago, vs. Comstock et al.—Error to the Circuit Court for the Nortuern district of Mlingis. Dis- missed for want of jurisdiction. OOAL TRADE FREIGHT, PutLaveirnta, May 2, 1783, Vessels are in good demand for the coal trade at THE PATENBURG RIOTERS. mony Against Him—He is Reeognised and Identified by a Negro. The acquittal of David College, who has been on ‘trial all the week for the alleged murder of Denis Powell, has. greatly encvuraged the balance of the Totera who are to be-placed before the tribunal of justice, but from p i$. appe: it will go hard with some of theni. Iv. is. more than likely that in several of the cases convietions will ensue. ‘The charge of Chief Jpatice Beasley in the College case, was very stremg agalust the perpetrators of the outrage, College being only acquitted for one reason—viz., that it was proved that he was an un- ‘willing member of the marderdus_ mob, he having joined it on compulsion. His acquittal was confl- dently expected, and ali persons agree that the verdict of not guilty was a just one. John Bogue, another of the rioters, was placed’ upon trial yesterday morning, at Flemington,, charged with THE MURDER OF BENJAMIN DESHMAN, one of the three negroes killed. Bogue is a stout, middle-sized man, with a smooth, stolid counten- ance, gray hair and light blue eyes. He is a rather respectable-looking laberer and docs not wear the air of a criminal. He was supplied with @ seat behind his counsel and watched the prog- reas of his trial attentively, The case for the State was presente@ by District Atterney Chamberlain in a very simple speech, He nar- rated the particulars of the riot, and said that con- clusive evidence would be produced showing that John Bogue was @ prominent member of the mob, and that he was scen armed witha club at the Carter farm. Martin Wykoff was the first witness called by the prosecution, He is @ surveyor, and swore toa map of the scene of the riot which was produced. Dr, George R. Sullivan testified that he was a physician and that he had made a post-mortem ex- amination of the body of Benjamin Deshman; found the face and brain severely fractured; there was an incised wound on the head also; there was also &@ wound on the body penetrating the cavity of the chest; these were the only injuries; the fracture of the skull looked as if it had been made by a pointed instrument; the fracture was suiliclent to cause eath, Cross-examined—I had ample opportunities while in the army of judging of the nature of gunshot wounds; the wound upon the body of Deshman was, I think, made by a pistoLshort. Dr. Richard Ludlow corroWbrated the testimony of Dr. Sullivan, Peter H. C, Anderson testified that he was a Justice of the Peace; held gn inquest on the body of Benjamin Deshman; the Boge was buried; poiuted out the coffin in which he was interred when the bodies were exhumed; Deshman was the man who was killed at Mrs. Carter’s porch, John A, Kelly testified that he was a foreman upon the railroad where the negro and Irish la- borers had been empjoyed, but did not see the prisoner at any time on the morning of the riot, Mercy Carter was sworn and detalled what had occurred at her farm house on the fatal morning. ‘The evidence was similar to what she had already iven on the Jast trial, She did not remember hav- ing seen Bogue, and did not know any of the Irish- men. Coleman Lewis testified that he was ONE OF THE COLORED LABORERS employed on the railroad works, aud had been driven out by the Irishmen on the morning of the riot; I saw in the crowd which chased us from the shanties Patrick Delay and John Bogue, the pris- oner (witness recognized the prisener) ; ran up the lane, and looking back again saw Patrick Delay, and going a little further on I ran through the fence and got among the trees; while here I saw Pat Delay again; | then went up to Mrs, Carter’s house and ran under the porch, and saw Ben Desh- man; [leit the porch and ran into the dog kennel; by this time the Irish had come up; I HEARD THEM SHOUT; Theard them say, “Open the door, there are ne- groes in there ;” one juan said, “Break the door;” another said, ‘We will set fire to it and barn it down; I heard them say, ‘Here isone negro; another said, “Shoot him; I then heard a heavy thumping, as if they were beating him with some- thing; there was a hole in the dog kennel I could see through; @ board or tin was down and I looked out and saw Ben Deshman east of me; I could see the Irish towards the back part of the yard; | saw the man John Bogue 7 them in the yard; there was no one else recognized ; hat neyer seen Bogue belore that morning; I did not see him again until I saw him iv jail; I did pot hear any one say anything after the men moved off; when they had ali gone I came out; Ben Deshman was lying at my feet; when I got out he was dead; I SAW BLOOD AROUND; L went back to the shanties; [ stopped at the lower shanties until Wednesday, and went from there to Washington; I did not observe when I saw Jon Begue whether he haddany weapon in his band; Pat Delay, 1 think, had a gun. ‘The witness was cross-examined at length, but one new was elicited, and the trial was ad- Journed until ten o’clock this morning. Mr. James W. Wallack, who spent part of the Winter at Aiken, 8S. C., owing to very feeble health, is much improved by his residence in the South, He returns to this city in May. Ristori is at present performing, at the Apollo Theatre in Rome, in “Maria Stuarda,” A new comedy, by Mr. H. J.’ Byron, is in active rehearsal at the Globe Theatre, London, ‘The Paria Presse has had to insert an apology for an insinuation made by it that Mdtle, Sarah Bern. hardt, of the Théatre Frangais, was a Prussian by birth. Mr. John Brougham's comedy, “Playing with Fire,” has been revived at the Court Theatre, Lon- dou. People will occasionally revive stories of the elder Booth’s broken nose. This one is so witty 1t cannot be told too often:—A lady once remarked to him, “I like your acting, Mr, Booth; but, to be frank with you, I can’t get over your nose.” “No wonder, madam,” replied he, “the bridge is gone.”’ Mr. H. J. Byrows comedy, “The Squire’s Last Shilling,” which is to be produced at Wallack’s Theatre this evening, is an excellent acting play. The story is @ very simple one, Charlies Chuckles inherits the estates of his unele, but a will is forged through a conspiracy between Brandon, the young Squire’s steward, and Grind- Tod, a miser, the daughter of the latter, Rachel, being made the innocent instrument of the for- gery. The intention of the conspirators is to ex- tort money from Chuckles. The Squire is in love with Polly Greviile, the daughter of a farmer, but yields to the intercessions of his friends and breaks off the match, immediately proposing to Malvina, the daughter of the selfish Lady Logwood, Atthis moment Brandon springs his trap; but Chuckles, instead of paying him to keep silent, yields the estate to Roderick Gresham, in whese behalf the forged will was drawn, and is rejected by the Logwoods. Alter being reduced to wis last shilling the forgery 1s ex- posed, Chuckles is restored to his prop- erty and marries Polly, the villains being properiy punished, All this is done through the kindness of the pretty Rachel. Mr. Sothern plays Chuckles, of course, the part being an un- usually strong ene. The other parts are also well cast, Mr. J. B. Polk appearing as Gresham, Mr. W. J. Carroll as Brandon, Mr. Bishop as Grindrod and Mr. George Brown as Farmer Hodges. Rachel Grindrod will be played by Miss Rogers, Polly by Miss Effie Germon, Lady Logwood vy Mme. Ponisi and Malvina by Miss Vandyke, the last named actress making her frst appearance ia this eity. The piece promives to be very bright and ly, and will probably close the season, after which the company goes to Brooklyn for a week, the Port Richmond freight estab) it $2 60 P54, cy ebment at $ 4m oratorio society has been organized in this city under the direction of Dr. Damrosch, It atreuly numbers fifty members, aud Handel's great work,s “Samson,” is in rehearsal. society Proposes “to promote a taste for the higher style o,tehoral music, both sacred and secular, by the stua‘y and performance of works of this class, and also afford its active members facilities for thorough . “ad artistic vocal training,” it deserves encouragen. eet and support. At the Pest.Wconceri the audience attempted to carry Liszt aw ¥) Plecemeal in the manner of relic hunters. His a waic, coat, buttons and shirt collar went in the gen, %al scramble. The Abbate thinks playing in public 48 an intolerable “pest” and wants to go back to ‘his cell in the monastery, Ole Bull gives a ben e4t for the Masonic Fand this evening at the Acade: Y Of Music, The Cincinnati Music.“ Festival, which may be termed a Western Jubilee, Commences on Tuesday next. It promises to be, in ‘polnt of artistic excel- lence, a8 great a success as We one just voncladed here, and the West seems to re, rd It withas muck enthusiaam 98 did the Bostoni,\e# Gilmore’s pet acheme As the new | all, out he left the manuscript of another com- Pleted work. “Kenelm Chillingly” bas been published by the Harpers. ‘The Petersons have just published “All for Love,” ‘& new novel by Eliza A. Dupuy, recently announced. It ts “s story of Corsican life,” m which the characters are the dim and uncertain creations of that Miss Dupuy’s mame will not be foend upon it, ‘We naturally tarn from fiction to poetry, but find among the books of the week only a sin,le volume Of 80 called poems. ‘The anthor of this volume is “Clara Auguste,” aed the Lippincotts are the publishers, These “poems” might have been called ‘Tributes to the Elements.” From one end of the book to the other the burden of the songs ts meu drren thst What is the “eerie wind!” and tell ua, © Muse! what is frozen rain? Clare Augusta evidently knows, jor she tells us that ——_in her train the frozen rain Leaped in a cataract; and, besides, she knew a fellow whose —— mnile was frozen mow. ‘She tells us also that “Tie! thson ames te say Ifshe had been @ true pect she would have used that fine phrase “congealed water,” somewhere in her beok. A poet who can sing of “the drilting rain,” “the scented leaves of fragrant August rain,” “the dismal Autumn rain,” “the dim, sad rain,” “the sunshine aiter the rain,” “the death- cold gray of the fog,”” battle-smoke which “red fog curls,” “vell# of chilly mist,’’ “Gakes of saimtiy white” and “the ghostly mistiness of snow,” might also, we should think, while Typo the restless, feathery suow Filing the afr with frosty glow e alr wi ‘And frozen clits, have done something for solid water, Who would not like to see a frozen chill? Until she can ex- hibit one Clara Augusta had better busy herself with brush and broom and unpoetic wash tubs, leaving poetry to people whom the “iangorous at- mosphere” dees not affect in a way that induces them to think the misuse of nouns and adjectives is the gift of the Muses, The other boeks of the week require no extended notice, They are “Our Seamen,” by Samuel Plimsoll, M. P., published by George Routledge & Sona, a book which contains many facts in regard to the English merchant service. “The Dead Sin and Other Stories’"—none of them of any interest—by Edward Garrett, and published by Dodd & Mead, “Ireland #nd the Irish,” containing some of Father Burke’s lectures, with Wendell Phillips’ Jecture on O'Connell, published by Lynch, Cole & Meehan. A weak religious story, called “A Sequel to the Old Manor House,” published by Henry Hoyt. And “Buckskin Mose,” a narrative of a frontiers” man, who reversed the order of “Buffalo Bill's” career, beginning life as as an “‘actor’’ and ending it as a “trapper,” published by Henry L, Hinton, Many of the chapters in the book are utterly worth- less, Itis, however, of considerable value on ae count of the light it sheds on the Indian question- Among other things the work relaies a fight with Captain Jack’s (the Modoc chief) band some years ago, in which a small party of whites killed forty. three of the Indians, losing only one of their num- ber. “Buckskin Mose” ought to take the contract for exterminating the Modocs, for he is certainly more successful than General Gillem. The Hebrew Orphan Asylum Printing Establish- ment has published a volume of ‘Sketches of Jew- ish Life and History,” by Henry Gersoni. A pamphiet, containing an account of the suffer- ings and death of Archbishop Darnoy, murdered by «the Paris Commune, has been published by the Catholic Union of New York. ————_2 + __ MARRIAGES AND DEATHS. Married. Boyce—Morssinac.—In Buffalo, on Wocnesday, April 80, by the Rev. D, R. Frazer, Winttam A, Boyce, Of Lockport, to Virginia J. UC. Moissinac, of the former place. BrowN—BURKE.—On Wednesday, April 30, at the residence of the bride’s parents, by the Nery Rev, Wilitam Quinn, Y. G., MARTIN B. BROWN to TILLIB, daughter of Edward Burke, Esq., all of this ae Cox—Ten Eyok.—At the residetce of the bride's father, on Wednesday morning, April 30, by the Rev. David H. Macurdy, A, BEEKMAN Cox, Jr., of Albany, N, Y., to augusta M. &., daughter of John C. Ten Eyck, of Mount Holly, N. J. ‘Gonvon—Sia.—On Thursday, April 2, at the resi- dence of the bride’s sister, Mrs. Quackenbos, Hum- boldt, Kansas, StsenzN I. GoRDON to Katig Sim, both of New York, HomMaN—WILpE.—On Thursday, May 1, at the residence of the bride's parents, by the Rev. John N, Crane, of Morristown, N GrEoRGR W..HomAN, of Omaha, Nebraska, to Rie E., daughter of Henry Wilde, of Newark, N. J. No cards, LeEvingss—Gort.—On Wednesday, April 16, by Rey. Dr. Taylor, of Jersey City, Oscar T. LEVINESS, of Hackensack, to Miss Maria Loa Gort, dangiter of Isaac Gott, lisq., of Corona, =~ MouneeR—Hent.—At Montrose, on Tuesday, April 29, by His Honor Judge J. M, Curry, Monks T. Mvyier, son of Jacob Munger, of Carttiage Land- ing, to CAROLINE A., daughter of Elias H. Hunt, iCKAY—ELLIOT.—On Wednesday, April 3, by the Key. Dr. Henry A. Boardman, at the residence of Mrs, Connell, 'Tasculum, Wilmington, Delaware, Dr. Reap J, MCKAY to Mary S., daughter of the late Hugh Elliot, Esq. OpELL—Rvunk.—In Brooklyn, on Wednesday, April 30, at St. James’ church, by the Rev. C. W. Homer, ABRAHAM B, ODELL to ELLA SEYMO! eldest daughter of the late William Runk, of Brooklyn. REQUA—LYON.—On Thursday, April 24, at the resi- dence of the bride’s parents, by Rev. 8. IL Piatt, M. A. CHARLES H. REQUA to IDA A, Lxow, both of Brooklyn, N, Y. No cards. —. SamMis—JaRvis.—At the residence of the bride's father, Huntington, L. L, on Wednesday, April 30, by Rev. 8. T, Carter, NELSON Samus, of New York city, to EMMA M, Jarvis, daughter of William H. Jarvis. No cards, Died. AUSTIN.—At West Farms, on Wednesday, April $0, ELENA D., daughter of Eliza A. and the late Lavinus Austin, in her 2ist year. The relatives and friends are invited to attend the funeral, on Sunday, May 4, at two o’clock P. M., from the residence of her mother, at West Farms, West Farms Division 8. of T. will mect in their rooms, on Sunday, May 4, at ten o'clock A. M., to attend the funeral of Sister Helena Poser Sister divisions are cordially invited to atrend. BLANOK.—Snddenly, on Friday, May 2, AaRon P. BLANK, in the 63d year of his age. The relatives and friends of the family are re- quested to attend the funeral services, on Sunday, May 4, at Spring street Presbyterian church, near Varick strect, at hali-past one P. M., without fur- ther notice, BROTHERTON.—At Daricn, Conn., on Wednesday, April 80, SAkAn BROTHER’ aged 71 years, runeral irom the Church 61 St, Ambrose, corner of Prince and Thompson streets, New York, on Saturday, 3d instant, at half-past three o'clock Burys.—On Friday, May 2, in the 659th year of her age, Mrs, Makgarer Burss, relict of Mr. Charles Burns, “ Funeral services Sunday, ith instant, at the resi- deuce of ner brother-in-law, Mr. Thomas Warner, 155 South Fifth street, Brooklyn, E. D, Interment at Middletown, Orange county. Comsrocx.—in Brooklyn, N. Y., on Friday, May 2, | Harris B., wile of Fitch L, Comstock and daughter | of Henry and Wealthy H. Gardner, The relatives and friends of the family are re- spectfully invited to attend the funeral, from the residence of her brother, 70 Pineapple street, this (Saturday) afternoon, at one o'clock. The remains will be taken to Waterford, Conn., for interment. | New London and Norwich (Conn.) papers piease copy. Cowrron.—On Thursday, May 1, 1973, ANTHONY ComprTon, in the 85th year of his age. Funeral services on Sunday, May 4, at his late residence, 131 West Thirteenth ‘street, at five o'clock P, M. Interment in Plalnfleld, N. J, Coox.—In Brooklyn, on Thursday evening, May 1, Ruopa J., widow of Miles Cook, in her 82d year. The refatives and friends are invited to attend the funeral, jrom her late resivence, 438 Kent ave+ nue, or-Supday, May 4, at two o'clock P. M. CUNNINGHAM.—In_ Brooklyn, on Thursday, May 1, CATHERINE, Deioved wile of Rovert Cunningham, aged 48 years, The relatives and friends of the family are re- eecany invited to attend the funeral, from the hurch of St. Mary, Star of the Sea, Court street, this (Saturday) afternoon, sip at two o'clock. Eckkut.—In Washington, D, ©. on Thursday, May 1, ELLWoop Dorks ECKERT, 60n Of General Thomes T. Eckert, aged 11 years, P conte see Saturday evening papers for notice of funeral ENGLISH.—At Naplos, Italy, ELIZABETH HorKins, eldest danghter of George &. and Harriet Helen lish of this city, wor At Marghland, Staten Island,on Friday F i i ig Fs ie fe H “ Ff a % ; . f i : thus (saturday) aiternoon, late residence. i 4 Gaean.—On 1878, Pranors J. Gi funeral, on Siren oe eee a ie 1 Been SSereunered «on Gasueue-On aye, May % Sanan D., tae 4 somes & Set! eee oe relatives and friends of family are ra iavited to attend the funeral, pean AvGURY.—On iriday, 2, Jaurs mye e 1 sun of Patrick and Haughey, aged ears. rerne. Telatives and friends of the family are re spectfully invited to attend the fanei late noe, 3 avenue A, On Sunday & ome at one o'clock. —On Wed Al 187; Hone. Inesday, " oe aes oe wi Hons, eldest son of John 'W, Hone. BJ ( Siende + rospecitally ras tend juueral, en it oiciock P.M. irom ine restdenes of his hovuut ont Hag May 2 Kany gr. wile of Gharies W. itom, in’ the uth year street, Comren, ‘wile, of Charles Carroll oo The relatives the Fouuy are procera in betta from Keres jureh, h 8 at half-past tem Keattva.—In on Thursday, May 1, Fare aoa in of his age, tonne ae ~ ag Ca: ye? ‘on Bunaagy RENWEALLY.—On t at the dence of gher santo Pe ADA | iste ee ra k friends of the — — those of pore nd James Tatty, are oowtcd WO arvana funeral, from wrence church, Fast fourth street, this o’clock A. M, —On Ti Conventa secon, cal daughter a donu'T. and Catherine He See rerettves and Sten of the family and of 1} Andrew M. Whitlock, are req ag ee Reg I May 3" ot nee t,o Ps a traing leave Ne Ww vi road quest at ‘haif-past eleven Ae ary quarter twelve, returning at forty minutes past Ave Lexow.—Un Thursday morning, May 1, after long oa pany uae CAROLINE, the voloved of Rui 3 } the 4th inst., at ten o'clock A, M, iterment’ Oakhill Cemetery, near Nyack, on the Iiudson, steamboat Pleasant Valley, conveying the and the friends of the fama to Nyack, will start half-past ten A. M., from foot of West street, North River, returning immediately the burial, Lonpon.—At Mott Haven, on Thursday, NA TERESE, youngest daughter of GBoRGIAN CG. 4 sonapaing London, aged 4 years, 3 an ays, Relatives ‘and friends are respectfully invited ta attend the funeral services, at St. Mary’s chi Garden street, Mott Haven, on Saturday, May 3, twelve M, Mancu,—At Freehold, N. J.. on Thursday, May % Joun T. Manca. from Pennsylvania Railroad, Jersey ey at nine o'clock A. M. on Saturday, M: ATTHEW.—On Thor jay moral jay 1, ANDER MATTHEW, one 40 years Friends and relatives ofehe family are fully invited to attend his funeral, — k- inst, at two P, M., from the residence brother-in-law, James Gentle, 266 West Sevem McF. in urcoklyny on CFADPIN.—In Brooklyn, ELizaseTn Harrrson, only child Friday, or Hartson rep and Martha McFaddin, Notice of funeral hereafter, Seca Thursday, May 1, Hucu McGuimm eure. “erie ‘tiends of the family, also his neien, Be aud Thomas McGuire, aro jull Ba. ol attend his funeral, at the 781 Seventh avenue, on Sunday afternov o'clock, ‘Tue Biuck Joke Association Is invited t@ attend, NICHOLSON.—Suddenly, on April Aaps: teliot of Chaties. Sicholson, in the 7oum eal of her age. Penne eh a Fg’ > members 4 lowaic or a , PF. an invited to attend the funeral, her late » 4th inse, dence, 408 East 117th street, on Sanday, at two P. M. P. O’Neit.—On Friday, 2, 1873, Susax O'NRIEG May Ww of the late Cornelius O'Neil. "friends are respec Waly invited to attend the neral, from her late residence, 48 Columbia on Sunday, at two v’clock P. M. PALMER On, Pretoeoiey, Aprit 90, Sanam Bi PALMER, Wile of Benj. W. rs telatives and beeen Of the family are respect day afternoon, it her father, Moses Parker, 331 West Twentieth: PERKINS.—At Yorkville, on Wednesday, 1873, Roprrt H. PERKINS, BT years, The relatives and frie of the tamilty, Architect Lodge, 519, F. and A, M., and the bu’ of Washington Market, ave respectfully invited attend the funeral, irom his late residenoe, Bast hty-filth street, om Monday, May 6, eleven o'clock A. M. PorTMAN.—On Thursday, ae. Woiiam La | fant son of Charles and Annie an, aged Funeral wiil take place from the residence of months and 22 days, father, 168 Canal street, at one P, M., on May 4. PRIOR.—CATHERINE PRIOR, aged 55 yout, ons tive of Ballanamore, county Leitrim, Iretam The friends of the family are respeetiniiy in to attend the tuneral, on Saturday, May 4, 2678, one o'Clock P, M., irom the residenee of her Francis McLaughilp, 114 Mulberry street. SYEVENS.—On Thursday, 1, 1878, wife of General Horatio te daughter or tie late William Rim years and 6 montis, The relatives and friends of the family are spectiully invited to attend the funeral services, the Church of the Ascension, corner of #1.U\ ave and Tenth strect, on Saturday morning, May 4 ten o'clock, The remains Will be taken to Greem wood for interment, STILES.—On Friday, May 2, 1873, at Linden, M, Buy wife of David ©. Stiles and daughter of Joum Dum ham, of Cranford, N. 4. Funeral will take place on Sunday aft May 4, at two o’clock, from the Dutch chureh, Linden. Relatives and friends a1 tuily mivited to attend, Mlinols papers please copy. Van Brunt.—On Thuraday, May 1, # NicHoLas VAN BRUNT, Attorney-at-Law, aged ears. hi His funeral will take place on Sunday, the «tt inst., at half-past two o'clock, from Christ's chi Brooklyn, corner of Clinton and Harrison “geet VAN DeLFT.—At Brooklyn, on Thursday, May Maraaner Beison, beloved wife of Jonn V in the 39th yeur of her aoe ‘The relatives and friends are respectfully nvien@ ence, to attend her funeral, ‘rom her lave resid Prospect avenue, on Sunday afternoon, at tured o’clock. WaGngR.—In Brooklyn, on Friday, May 2, Past’ ERICK OLDEN, second son of bes 32d 8 ge beg nd age. Daniel weeny ineral on Sunilay, at elev late residence, at Bada's Lake, ne ae WanDLow.—On Wednesday, April 30, Mrs, WARDLOW, Widow of Robert Wardiow, iu her year. Relatives and iriends of the fi are fully invited to attend the funeral, from Feslaence, Sherman (lat Hutton street, Jersey sity ‘Heights “om her lat rang, Mi ‘A, Fost. ™Erlonia of tke Iamally apé Foupeonnuly invited to | May 4, at balrpust two o'aiceas: ai