The New York Herald Newspaper, May 8, 1873, Page 4

4 NEW YORK HERALD, THURSDAY, MAY 8, 1873—TRIPLE SHEET, THE COURTS.| MAUD MERRILL’S MURDER. Bleakley’s Statement on the Stand—Close of © ‘the Testimony—Summing Up of Ooun- sel for the Defence--Able Argu- ment by Ex-Mayor Hall. THE BANK OF ENGLAND FORGERY. Ashe BUSINESS IN THE OTHER COURTS. United States Marshal Fisk has continued Mr. John E. Kennedy as his Chiet Clerk, and to Deputy Marshal James Turney he has allotted the care of the outside Dusiness of the office, particularly that relating to bank- ruptey. F, L, Taintor, the alleged defaulting cashier of the At- Jantic Bank, was brought up yesterday before Commis- sioner Osborn; but as an indictment has been found ‘against him no examination was had, He will be called upon to plead to the indictment on the 13th inst. He has not yet obtained bail. Trial Term, Part |, of the Superior Court, presided over by Judge Curtis, adjourned yesterday out of respect to the memory of the late Chiet Justice Chase, Some action wasalso taken in the Court of Oyer and Terminer in the matier, MAUD MERRILL'S MURDER. Eighth Day of the Bleakley Trial— Bleakley Telis His Own Story—Conclu- sion of the Testimony—Counsel Com- mencing to Sum Up. Atlength, after reaching its cizhth day, the Bleakley trial in the Court of Oyer and ‘Ferminer, before Judge ‘Brady, begins to draw to a close. Notwithstanding it bas been protracted so long, there is no abatement in the interest of the case, but the court room as usua!, was yes- terday overwheliningly crowaed. BLEAKLEY'S OWN STATEMENT. The feature of the day, and, in fact, of the trial, was the Placing of Bleakley on the stand to testily in his own be- half AsMr. William F. Howe, his counsel, called on him to take the witness stand he looked bewilderea, rolled his eyes about, adjusted into an easter position his ‘right arm, which, from the effects of his two late ineffec- tual attempts at suicide, he still carries in a sling, rose slowly, and, leaning om Deputy Sheriff Shields, came for- prard, and, with almost seeming helplessness, sunk into the witness chair. To Mr. Howe's questions he gave Some responsive and some very irresponsive an, swers. Alter stating that he was thirty-five years old and a native of Ircland, he tried to account for various tnjuries on his head, aud particularly those received at a ship launch at the St. Mare Navy Yard, but he could give no intelligible account ef them. Q. Do you remember when Polly was shot? A, I never vas in the house before; I remember going up stairs; I remember shooting a pistol, and then I came down stairs and went home; if they were the last words I ever. ut- tered I blame my sis! r this; she brought me to this; T lost my tather and ther when Iwas young; I have tried to keep within e: I have never had auy sympathy. (Here the p: cried for several mo- ments and was unable to proceed.) In all the vicissitudes of life If I had done right I would not have been where I am to-day; I did not velieve in a God, but I believe in a God now; I declare betore everybody I believe in a God; Idon't care whether a person isa Catholic or a Protest ant, they are all the same to me; I may be ® fool, but I om not an_ infidel. Mr. Phelps, the District Attorney, who cross-exai ined him at great length, he told « rambling and wonde Ang story of is career trom the period of his earliest ro- collections up to the present time. Im this story he told of his earlier experienge, his sojourn in Turkey and Rus- sia and other European ‘countries, and of his coming to this country and employment in various navy yards. On ‘one occasion, while living in Philadelphia, he went into business on his own account and took in a'partner, who touk him in, as he iaid great stre: partner owthg him $300 reat strom op the fact of this aying him only $2; after Which he ‘lott disgusted tor Callfornia. "ie was more specific about the shooting, and said that P abusive lancuage toward him, when en head got into a’ whirl he shot er. He told everything about himself with all the simple freshness of a child, making no concealment of anything, including his occasionally getting drunk, although he stated most positively that he did not drink Anything the day he shot Polly unul after the shooung. ether sane or insane, that part of tus story was in- tensely, paintully pathetic, Then he told of his going to his houte in brooklyn afier the shooting and putting his istol in his trunk; of his going to a restaurant and try- ug to eat something, and could not; of his wandering About the streets of irooklyn till late at night, and then toming to this city and going toa hotel and taking a bed and trying to sleep, but could nots of his getting up and again wandering through the streets till daylight, when he bought a paper, and, seeing his niece was dead, going to & police station'house and delivering himselt. He begau to speak of the he has often received at the hands ot Roman ow they had fed and clothed pnd cared tor no one else would. “I care interrupted Mr. Phelps. d Bievkley, “I torgive the Dis- e¥ aud the Judge, and eyen my counsel, Mr. (Laughter.) Me shook hands with Jude Brady, and again, supported by an officer, retire! fo his o.d seat in the corner ot the rourt room ‘and fell into his old listlessness, apparently baying no atiention to the subsequent proceedings. REBUTTING TESTIMONY, Mr. Howe stated that the detence rested here, and then some witnesses were called by the prosecution in re- buttal. George Mitchell testified that he had known the prisoner ior twelve years; that he sometimes got frunk; that drink had a maddening effect upon him, but that he never knew of his acting irrationally. On his sross-examination he said that Bleakley had never talked him about his tamily matters. Witliam McNeil testified that he boarded at tho same house with Bleakley previous to the shooting; at times he acted strangely; he could not tell whether he drank, Weexamination he said that Bleakley behaved ipsy man. fv ry had worked for years with Bleakley and he ‘always acted rauonally, aud was @ steady, bard . His cross-examination developed the fact that be had rever known Bleakicy outside the Navy Yard, and that they were under rigid discipline when in the vard. Dr. Hammond gave it as his opinion that the prisoner was sane. COMMENCEMENT OF SUMMING UP. Mr. Phelps announced that they had no more wit- esses to call, and thereupon ex-Mayor Hall proceeded to sum op for and eloque! to the great yer, teranee, ‘Tho present case Was one that pre-eminently required boldness o! spirit. He doubted it ever m this country there had been a case where prejudice had been fo sions against a prisoner as against this, poor fellow, To show this prejudice he read un extract from a news. paper, depicting the hideousness of living, ay was alleged leakley did, upon the product of his uiece's shame. It be'wondered at that such articles were written 1 sentiment, They had hed in the papers inquest, and they n read the story of the homicide as p the proceedings at the Coroner belheved them. The prosecution might strive te impose @pon them a belief in these stories, but he believed he could shatter them in pieces. Afier alluding to the j partial Judge on the bench—a trait hereditary from h able and learned tather, who graced the bench betore him—he dwelt upon the theory of public policy con- ected with this case as unfolded to them by his distin- uished associate. For nearly fifteen years he had the jonor of filling the office of District Attorney and Assist- ant District Attorney. Popular clamor asked for blood and Kogers was convicted and executed, He since felt that he would give all the money he wag thought to ao and ‘all he ever hoped to he ‘could ‘i ring poor Kogers ba e Would Wish that f they should find th and he should be bang fion should show his brain disease hoped they Hot suffer as he had. Public policy was one thing and uistice Was anotier. He did not wish them to consider einselves as official automatons, as the mere exponents of public clamor. but that they Were men. Thev were not w sacrifice the feelings aud” U astincts of a man on the altar of justice. ae might say he was Appealing tO their sympathies. There was an cle- ment of sympathy in this case that his learned associate, ‘with all his eloquence and kindly heart, could not properly depict, and he would Not attempt it. Before them would always be the torm of that shat out the brighcsunlight. Bleakley had told them to- day that he knew Polly when she was a baby, and had dandied her on his knées when a child; he had seen her | in the days of her: badding womantiood; he had cared for her as a father, ana he had seen her clothed in the habiliments ot her shame. No man walking up busy Broadway to-day would like now to have presented to him the alternative of having his daughter enter upon # life of shame, and from the bagnio go to the hos- pital, and from the hospital to the pauper's grave, cov- ered With moral leprosy, or of taking her life with his own hand. He proposed to take from this case the feature of odium attached to #t—that Bleakley lived on the Product of his niece's suame, Anna Weaver was the ‘only witness making any such statement, aad when she leivthe witness stand he felt in his soul that there was th poor girl into that house, The This embodiment of the le fiend had sung Tennyson's grand song to that irl, “Come into the Garden, Maud.” It was the Saine song Satan sung into the ear of Kye in the Garden ot Eden. female demon, tor five long months, would not allow the uncie and’ niece to see each othe Lie proceeded to review at length the testimony ot Au Weaver, showing alike its talseness to the jury and its eruelty ty the young girlin her meshes. ‘These bagnios ke for an hour, but, ia a strain 80 joned that it seemed buts few mo- ® CHIEF JUSTICE CHASE. ly had. ied Mr, Hall that the for ad, cut short his AS be took his seat HE After Judge Brad, hour had arrived called attention the decease of Chief Justice Chase, and inoved thee an appropriate entry be made on the minutes of the Court. Mr. Hall seconded the motion in a brie! and most touching and apposite speech, Judye Brady said he 1ully endorsed what had be . and afer co ting on the exalted virtues rows jurist he directed that such ed be entered on the minutes of the Court, THE BANK OF ENGLAND FORGERY, Whe Case or; Geers esting Testimony tor the Prosecution— Evidence of Mr, Judson Jarvis and Mr, Clarence A. Seward, McDonnell—Inter- oor girl, froin whose eyes was so suddenly | * peared for the prosecution, and Mr. Brooke for the pris- oner. Counsel for the proseoution offored in evidence the supplemental information and comptaint of the Bank of England of the 10th of April, 1873, and the depositions of Alfred Liddington, James Noyes and James Dalton. The latter were objected to by counsel for the prosecation, Objection overruled, Mr. Brooke to be heard on the ob- Jection at a tuture stage of the case, Mr. Da Costa then read the depositions of Alfred Lid- dington, James Noyes and James Dalton under objection that they were not properly authenticated. He also read the deposition of William Danes Freshfields, one of the solicitors of the Bapk of England; the deposition of David Ferguson, and offered inevidence acopy of the London Times, showing an advertisement of the numbers ofthe bonds in question, This offer was objected to, and the objection was sustained. TESTIMONY OF PETER NRILSSON. Peter Neilsson deposed that he was chief officer of the steamer Thuringia, which sails trom Hamburg, via Havre, to New York; he saw the prisoner, McDonnell, on board the Thuringia on the 8th of March, 1873; he came on board at Havre; they left Havre on that trip on the 8th of March, 1873, ‘TESTIMONY OF MR. JUDSON JARVIS. Mr. Judson Jarvis testified that he way one of the deputy sheritis; he had in his possession abag anda dressing case that were taken from the prisoner by virtue of certain iegal proceedings, and he now produced those articles, which were found to be matched with a seal and coat of arms the same as those annexed to one of the depositions; he also took from the prisoner 2100 sovereigns which were enclosed in two bags, each bag containing 1,000 sovereigns; 100 sovereigns were in a small bag; McDonnell stated that the bags contained 1,000 sovereigns each ; ‘wituess also seized at the office of Duncan, Sherman 4 Ob. a package addressed to George McDonnell, Esq., care of Duncan, Sherman & Co., bankers, New York, U. 5. 4., registered No. 13,733, post- marked’ London, March 73, and New 1 73; the package contained foi id bills of exchange amounting to £4,000; bills exchange” were. placed in ‘the Sherman & Uo, by direction these another addressed to care of Duncan, Sherman & Co., bankers, New York, registered, bearing the London postmark of March 5, 'Is73, and the New York post. mark of March, the date blurred. A letter was contained in the envelope and three Bank of ingland notes, two for £100 each, and one tor £5, The letier was as follows :— “Dear 5in—l enclose you £206, “Yours, &c., a” Cross-examined—When I took from the prisoner the dressing case he was on board the Thuringia; | finally took posse-sion, of his baggage in the police boat: the prisoner pointed out the bug as his baggage 5 took posses- sion of the sovereigns on board the thuringia, but not from the possession of the prisoner; got the sovereigns from Detective Farley, the prisoner then being under arrest; the prisoner claimed them as his property, and told wiinesthow much there was in each bay; do not know that the package witness selzed at Duncan, Sher- man & Co.'s was intended for or was the property o1 the prisoner. ‘TRSTINO! NATHANIEL JARVIS, JR. Mr. Nathautel Jarvi d Jr., depo: trom the Post oitice of this How produced; one of the pag Biron Bidweil, New York, U. 8. Safe Veposit Company, 14) Broadway, registered, No. 9314; London posunark, February 25, 1873; New York postinark, March 13; the other was addressed G. 0. rownell, Breyoort House, Filth avenue, New York; Rostmark, Cork, March 7,874; New York postmark, larch 23, 18/3; the letter contained United States bonds Of the amounts and numbers specified in a hst which the Witness proguced ; the seals on the two packaxes were collection; | h George McDonnell, FE: the san e ha yographs of the envelopes made and he now produced ther ae had ascertained that G. ©. Brownell 1s George Bidwell; witness got possession in this city, on the 2ist of April, of a black leather trunk; found’ in the trunk a card and plate of George Bidwell; found two wax impressions of seais which he Produce: ne, a coat ol arms, the other, a monogram seul; the one having the coatot arms corresponds with the ones on the Bidwell packages; the monogram corre- sponds with the monogram seal on Ferguson's depo: tion of April 17, 1873; he also found two dies (produce them) ; one of the dies is @ fac-simile of the coat of arms relerred. to With a crest above it; witness received an- other letter trom the Post Office; it was addressed to George McDonneil, ksq., Post Utlice, New Yu rata? uU. A, and had the Edinburgh postinark March 11, 1873, ar thé Sew York postmark March 4, 1373; the impression on the seal ot that letter was similar to the monogram seal which witness h, produced. Cross-examiued—The Postmaster gave him the letters; found the trunk in this city, im the office of the Atlantic Express Company, 71 Broadway; did not communicate tothe prisoner the fact that lie (witness) had received the packages irom the Post Ofice. KVIDENCE OF ANGUS M’INTOSTL. Angus McIntosh, toreign correspondent in the bankii house of Duncan.sherman 4 Go., deposed that the vills of exchange found in the package seized by the sherift were forwarded vy him tor his tirm to Baring Brothers, of London, for collection; this was done by Duncan, Sber- mau & Go. at the request of the Sheriff, the request being in writing. TRSTIMONY OF ME. CLARENCE 4. SEWARD. Mr. Clarence A. Seward testified that he had recently returned from Europe; had been im the city on, where he became acquainted: with Colonel Peregrine Madgwick Fra: who hande? him ceriain bills of ex- change, nine in number; he did not hand him the last two named in his francis’) deposition, being the Biyden- sten acceptances, The bills were offered in evidence. iy Mr. Brooke—I received the bills from Col. Francis, who | understood to be managing agent for the Bank of England; 1 caused a telegram to sent to Colonel Francis to bring the bills wo my hotel, and he gave me a ackage Wi 4 siatement that these were the original Alls which he had produced before the Lord Mayor; I ‘Was present betore the Lord Mayor when Noyes and Bid- well were exainined : these bills were not produced at any time when [ was present Counsel ior detendant objected to the bills being re- oe in evidence, Objection overruled. Exception en To Mr. Da Costa—I know Sir Anthony Rothschild; he is accredited in the city of London as a member of the firm of Kothsciild & son, 1 nave seen him employed in their oflice; IL have seen him sign his name and 1 know Dis signature ‘d his name four ticular request; 1 have seen ail the m sigu the irm name—Mr, Altred, the u —who compose, ag I understand, that firm ;.1 think the Baron wrote one for me in my presence; having once seen that signature one would not be aptto forget Xt, tor itis a very peculiar and bold signature for an old man ‘This evidence was introduced for the purpose of show- ing that the alleged forgery was an imitation of the sig- nature of the firm of Kotischild & Son, as signed by 5) Anthony Kothschild, ar, Seward having been briefly, cross-examined, Mr. Da Costa announced that he would, at the next session, Close the case for the prosecution in’ halt ters of a0 liour at the outside. Brooke, for the detence, said he would examine Sir ward Th ton and Mr. Hamilton Fish. ‘The case was then adjourned to Monday next. BUSINESS IN THE OTHER COURTS. MARINE COURT—PART 2 Jurors to the Front. In Part 2of the Marine Court, opened on Monday last for the May Term, Judge Joachimsen, presiding, a non- attendance of jurors compelled the very urbane and most considerate Judge to inflict penalties upon the absentees. A prompt subsequent attendance and show of proba- ble cause is always suificient in these cases to have the fines remitted, provided the parties are present tor jury duty when cal the term. Yesterday, however, when th alled over a second time there were so many absentees that the Court was com- pelled to instruct Chier Clerk Davidson to take the neces- sary steps for the imposition and levy ot the fines upon all jurors who on Monday and yesterday sailed to an- swer to their names. What Entities a Real Estate Broker to Commission, Before Judge Joachimsen, George Bauer vs. Jacob Vervoloet.—This action was brought to recover the sum of $338 for services rendered in procuring a purchaser for the property of the defend- ant. The defendant called at the office of the plaintiff, a real estate broker, and, in his absence, gave a description of & certain piece of property which he owned in Mul- berry street and which he desired to sell or exchange, to & man named Malcomb, who occupied a desk in the plain- tiff’s office, to sell or exchange. Malcomb informed him thata man named Freidiker had left with him, a few days before, two mortgages on @ house and ten lots in Fordham, which he desired to exchange for city property. The defendant said he was willing to trade jor mortgages and lert the off On the return ot plaintit to his oflice Malcomb informed him of the facts, Whereupon the plaintiff called upou the defendant and inade an appointinent with him to meet the mort ‘ayee of the house aud lots at his (the plaintift's) otlice. [he detendantand the mortgagee met at the appointed or three-quar- M place and time, when a contract of exchange of property Was agreed to and signed by both parties, and $10) paid by the mortgagee to the defendant to bind the bargain. A lew days alter the deiendant discovered that misrepre- sentations had een made as to the value of the bey were second and third mort. first, as represented, and refused The _piaintitt ies on the «i that he had performed his duty when he iound a purchaser ready and willing to take the property of the deiendant at his price; and that if the purchaser made misrepresentations, of which the plaintil’ was innocent, the defendant has his remedy against him. Judge Joachimsen charged the jury that even though the plaintiff had procured haser for the defendant, the evidence was clear that he was not @ suili chaser, within the meaning of the law. broker was not enutl found a purchaser w to comply with th al to commission unless h was willing and able rms and conditions ot the contract ofsale. But if # seiier, without a valid excuse, reuse to comply with the ferths of sule, a brower is, endiled to recover his commission, In this case the planull had not procured a purchaser, and was not entitled to com- mission; butif he was employed by the detendant, and endered any service in drawing 0 ers and attend- ing to the property, he is entitled te sation for such service, provided he was innocent of any fraud. Verdict for the plaintifl tor $ily, as the yalue of services rendered. BROOKLYN COURTS. CITY COURT—SPECIAL TERM. Henry C. Bowen’s Great Libel Suit. Before Judge McCue. An order of arrest was granted against Henry C. Bowen in Thomas W. Ficid’s libel suit against him for $100,000 damages, and Mr. Bowen gave bondsin the sum of $10,000, Yesterday morning defendant's counsel moved to vacate the order of arrest on the ground, prin- cipaily, that the order had been granted on the complaint alone, ‘Whereas the Code required that such an order showld bg granted on affidavits, Counselior Catlin, for plaintiff, contended that the Saat was veriiied in the usual way and was an av it, endant's counsel raised other technical points, and ated that Mr. Bowen was a responsible man responsible tor the contents of bis paper, and would tinue to be so. The object of the order, apparently, Was Yesterday the turther hearing of the case of George ftcDonnell, who is charged with complicity in the al- Beged forgery apon the Bank of England, was resumed Pefore Comimissioner Gutman, at his office, in Nassau treet, “ dt. E.R, Marbury and Mr. Charles M, Da Costa QHIY t@ harass him and gratify the hostility of the plain- Judge MeCue reserved his decision, COURT OF APPEALS CALENDAR, i Aunany, §. ¥. 7.1873. The following is the Court t PR HORA ee Rc THE STOKES CASE. The Motion for a New Trial Denied, All the Judges Concurring. Judge Fancher Delivers the Opinion of the Court. STOKES’ STOICISM. It being known that the long-pending decision of the General Term of the Supreme Court in the Stokes motion for a new trial would be yesterday rendered, the court room was densely crowded. The question of the execution of Stokes in accord- ance with the sentence—not as to the time, be- cause that has already past, but eventualiy by the decision of the Court of last resort affirming the sentence of the Court below, and leaving it to the General Term to fix a new date therefor, or the Probability of his evading condign punishment alto- gether—is one that agitates the public mind to an extent hardly appreciated in view of the little pub- lic discussion that has lately taken place thereon. Stokes’ apparent stoicism and reliance that his case is not at all similar to that of Foster's, who was executed for his crime, or that of Nixon, whose fate is as inevitable as that of the slayer of Avery D. Putnam, might be taken up and as justly treated by the lawyers as a symp- tom of insanity as any of thuse numerous cases of that pecullar disease which has so* much clogged the wheels of justice of late. However, one more, the last but one, legal stage has been passed. The General Ferm of the Supreme Court haying yester- day affirmed the sentence of the lower Court puts Stokes’ counsel to the dernier resort, the Court of Appeals, Another pause. Another breathing time for the interposition of the usual legal quibbles and the uncertainty that waits upon his fate. Judges Brady, Davis and Fancher occupied the bench, The latter Judge delivered the E ti ibe ped) OF THE COURT. ‘ome important questions arise upon the exceptions contained fe the error book in this cause, Those which most impressed me upon the argument grow out of the exception of the defendant to the following portion of the charge of the learned Judge at the tial. In. the course of his instructions to the jur: sald : “the tact of the killing being in this case substantial! conceded, it becomes the duty of the prisoner to satist' ‘ou that it was not murder which the law*would imply rom the fact of the Killing under the circumstances in the absence of explanation.” ‘To this paragraph exception was taken by the prisoner's counsel. While ft must be conceded that the learned Judgo, in this portion of his charge, correctly stated the rule #3 it existed at common law, it i equally clear that ior the moment he lost sight of one of the elements of murder in the first degree, as defined by the statute of New York. An essential clement in the criine of murder is the intent with which the homicide iscommitted. Itisnotevery homicide that is murder. The word “murder” in ancient times meant the secret killing of a person. Its meaning was extended by Lord Coke, and his definition has been adopted ‘by Blackstone and other writers on. the Common Law. He said it is murder “when @ persom of sound memory and discre- tion unlawfully killeth any reasonable ci ure in being and under the King’s peace with malice atorethought, either express or implied.” It is express when the offence iscommitted with a deliberate mind and formed design, as when the external circumstances indicate the inward intention, such as lying in wait, antecedent menaces, former grudges and concerted sc! the deed. It 1s at common law implied trom any de- Uberate, cruel act whereby aman kilis another, without any or any considerable provocation, for it is held that no one, unless of anabandoned heart, would be guilty of such au act upon a@ slight or uo apparent cause. It is said that there is a gencral presump- tion in criminal matters that a person inten whatever is the natural or immediate consequence of his own act, and this rule has been often «pplied in detecting intention and malice. From the moral connection be- tween the conduct and the motive it is said the moive is interrable trom the act, and that whenever an act isdone injurions to a person malice a be presumned in the individual doirig the act At common law the malice aiorethought was no exception to the r Itwas Interred from the commission of the act. 6 Corpus delict# being ae the intent was interred from the homicide. Sir M. Foster, in his Discoveries, page 256, ob- that in every’ charge of murder, the ‘fact being first proved, all the circumstances of accident, necessity or infirmity are to be established by the prisoner, unless they arise out of the evidence produced ayainst him, for the law presumes the fact to be founded on malice, unless the contrary appears. Other writers and authorities establish the same propo- sition. This igatill the law of Rngland, | (Reg. vs. Cnap- man, 2 Eng. Rep., 163, Cox 8 com. law cases, 4.) In that case, tried In 1871, Justice Hannen said :—"Assumin; thatthe prisoner caused the death of the deceased, would be for the prisoner to show a justification. In the absence of such justiiication the presumption of law would be that he intended to kill the deceased.” Under the rule, therefore, as it exists at Com- mon law, whi the Proread lon has proved the death alleged by the act of the prisoner the motive is inferred from the Killing. The burden, then, rests on the accused, and itis incumbent on him to rebut the inference of malice. It he fail to show that the act was committed under circumstances that repelled the infer- ence of malice, then the crime of murder is prove sufficient] This stern rule of the common law, which at Malice to every act of 'peem ques- the United states and has been denied parted from in numerous cases. It issafe to say it is Hot adhered to by the Supreme Court ot the United States, and is not now the law in New York, S3a- chusetts and some other States. The law in New York is, that the burden ot the proof, even after evidence of the killing, remains on the prosecution until it has roved the whole case, which inciuie not only the kill- ig, but the intent with which the act was committed. and without proof of premeditated design the crime of murder in the first degree {snot established. ‘The dence to show the design may be indirect or cireumstan- tial, in most cases perhaps, must be of such character, for design isa fixed condition or purpose of the mind, butthere must be in the time, place, or circumstances of the homicide, or in. the conduei o! the accused in recard to it, something that will afford groun. for the finding of the jury that the accused was actuaied by premeditaied design to eilect death betore this can be a condition tor urder under the first supdivision of the New York atute. This essential fact the jury are to find, not because it is inierred from the meré Killing, but upon some evidence which tenas to the design. The burden of proving the de ats on the prosecution ass part of the case 1 to be proved against the prisoner. The malice, purpose or premeditated design to effect death is the chiet char- acteristic which distinguishes murder trom other species of homicide, and the jury must determine whether, on the evidence, it has been proved. They should not be instructed that it is Inferred trom killing, unless the cir cumstances attending the Killing evince the demgn. De- liberate homicide is murder under our statute. In other words, where there is an intention to take life and the intention is consummated, it is murder in the first de- gree. The iniention is the criterion of the crime. It may be formed at the instant o/ committing the fatal act, gr have long existed ; still it is an casential quality ot thé deience which the’ first subdivision, of our. statute characterizes as murder in first degree. The Malice aforethought of the criminal law is a different thing from the premeditated design to Kill of the statute. The intent to take lite was not necessary to coustitute the former element. Malice prepense was a deuberate in- tention of doing any bodily harm to another, unauthor- id by law. At did not necessarily Involve an intent to take lite. ) (ale, P. C., 451; Peopie va Clark, 7N. ¥., It was said, 1m The People vs. Austin, 1 Park Com. Rep. 169, that tho intention. of our” siatute ia manitest not only from the caretul perusal of all its enact- ments relative to homicide, but also from the recommendations of the revisers. They proposed that murder should incinde a homicide whem per- petrated trom a premeditated design to do some great vodily harm, although without a design to eflect death, thas recognizing and adopting the principle of implied malice, and defending it on toe ground that the tran tion was such as weuld ordinarily lead to the result of taking life. But th stature résused to adopt the sug- gestion, and enacted @ section by which, in the language Of the reviews, revises were founded on the great prin- ciple that to constitute murder there should be an ex- i press design to take lie, or such circumstances as to induce @ very strong presumption of sueh design. This view ot the law confined — the ne of murder within its proper bounds of @ pre- meditated design to take lite, The statutes of New York define the cri in th words, when perpetrated from # premeditated design to effect the death of the person killed, or of any human being. (Laws of 1862, chapter 191, 25.) And it is the intention which constitutes the princ|pal distinction between mur- der and manslaughter. The New York statute has ef- fected a change in the law by substituting the “design” in place of malice 7 N. Y., 3,957.) The degree of the pre- meditation requisite to the crime of murder has not been changed, but the statute requires, what the common law did not, the evidence of the actual intention to kill: It is plain that such an intention cannot always be inferred from the mere killin two persons may be seen at variance ina field, One of them is alter- ward found dead. At common iaw, when the homicide was found to have been trated by accused, the malice atorethought was interred; but, ander our statute the rule would be difierent. It is possible that the slayer was compelied to kill in. self-detence, or, being ied with a Weapon detended himsell, and accidentally slow his assailant. The burden would ‘rest in such a case, ant a {ustly test, on the prosecution to prove the intent ot the common iaw ha te bd Where prevailed. in. the United states in ive United States va. Armstrong, 2 Court ©. G., 4 it was held that though notice is not presumed merely from the tact of killing, yet the circumstances tending the homicide may ‘be such that the law will jecm it malicious. In The United States vs. Mango ¥s. Cart, . 435, 3 Liv, Law, 275, the court held’ that when one Kills another with a dangerous weapon, and the evidence 1s contradictory as to provoca- tion aad to which Was the assailant, it is incumbent on the goverment to prove a felomous killing to authorize a verdict of guilty of murder The Unived states vs, Gooding, 12 Wheat, 469, 471, in'a case of indictment under the Slave Trade. act, the ‘supreme Court of the tuted States held that the burden of proof in. erimi: Hal cases Iles upon the. prosecution, “unless ‘there be some positive provision by statute to the contrary, and the general rule of our jurisdiction is that ‘the party ace heed not establish his innocence, but itis for the goveruiment iivelt to prove his Swit Leiore it is entitled toa verdyet of conviction. This Tule is certainly in consonance with general. principles. In 1) Petersdort Abr., 50% note, itis Femarked. “The in: tention of a party at ihe time of commiting the offence is ovten (he essential ingredients in it; and when it is so Lean, Ohio, upon a charge diton against a foreign twith whom we were s. Courts hy killing e ot Presumpt the Comimenweaith v Justice Shaw remarked that the doctrine of York's cas was, that whore the killing Was proved to havo. been committe, by the defendant, und nothing further Is shown, the presumption ot the law is that it was malic efous, ant doko nivfder, bat that this was inapplicable to the case where the cireumsiances were fully shown b; the evidence. He charged the jury in that case that it upon ail the circumstances they were satisfied beyond ® reasonable doubt the homickte was committed with male ice, then it was murder, but otherwise it nslaugh i ter, The case alluded to by Chief Justice shaw wast Commouwealia vs. York, 9 Met. 9, Where there isa pretty full discnaston of the question on both sides. It will be seen that Chiet Suatice ebaw substantially followed out, the Principal conclusions in the dissentin opinion in York's case, to w.t— that when the facts ani circumstances: accompany in @ homicide are wiven in evidence, the question eth is murder or manslaughier ts to be decided the not upon any presum from me ‘4 tn Maher ars People GO. Miche ats aa Cee, J., observed :—"* To give the homicide the legal character oi'murder, ail the authorities agree that it must have been perpetrated with malice pretence or atorethought. This malice is Just as essential an ingrodient of ‘the offence as the act which causes the deat ithout the concurrence of both the crime cannot exist, and as every inan is presemed to be innocent of the offence ot which he is charged till, he | is prov to be guilty, this presumption equally to boch “ingredients of tie offence, to the malice as well as to the killing. Hence, though the principle scems to haye been sometimes overlooked, the burden of ‘idence, and proot as to each rests equally upon the prosecation, trougi the one may admitund require more direct root than the other, malice in most c not being susceptible of direct proof, but to be establisned by inferences, more or les strong, to be drawn from the facts and circum- stadces conneeted with the killing, and which indicate the disposition or state of mind with which it was done. Bishop condemas the common law rule of inferring malice from the killing, @ (rum, Proc. 620.) Under the existing statute of New York relating to the subject, it may be brictly stated that to constitute murder in the test’ degree it must appear, tha the killing was trom a premeditated design to effect the death of a human being, or that {t was perpetrated by an act imml- nently dangerous to others, evincing a depraved mind, regardless of human lite; or when committing the crime otarson in the first degree, If perpetrated when in the commission of any other felony, {t would be murder in the second degree only. Any other species of homicide would be manslaughter, or excusable, or justifiable hom- icide. In the case of People vs, White the late Court of Errors held taat when an indictment charged the killing to be feloniously, willfully, of malice Aforethought and from 9 promeditated design to effect deuth, the premeditated design or express malice must be proved, and our Court of Appeals appears to have approved’ the doctrine in Fitaerald vs. People, 418. The Chancellor in the former case (p. 536) sail ti8a general rule in Indictments thatevery {uot or cireumstance which is a necessary ingredient to Constitute the offence, or which is material to the den- tity, must be correctly set out, and must be proved sub- stantially ag charged.” Again, at page 507, in the case under consideration, the indictment haying charged the murder to have been coimitted with malice alore thought, which embraced every definiti It authorized the | convietipn | of the i count, upon ringing a case in either of the Matutsry definitions” of murder with malice aforethought, | (udge, Fancher here, elted the arguments mators Edwards “and Folsom in the same case.) The distinction of unjustifiable kill. ing with premeditated design as one of the particular clusses falling under the ice ajore- thought, and quite distinct frem malice implied in the the commission of some act dangerous to erwise, is an old one, and may be found e common law, Hawkins, PC, 18.) statute has, in defining and olassitying ies of murder, piaced in the first class, as others, the killing with, premédi- effect the death of the person killed, It n.fald the doctrine of the Court was that ‘ leader, by in- with premeaiated design,’ scriptive of the specitic act lescription he had made she fh the words were not necessary to the umad lif or ott in all books of t o of Errors (in 26 W troducing the wor had adopted them as charged, and as matter of material, thou validity of the indictment.” (P, Woodruff, J., In 37 N. ¥., 425.) Yet the same Judge says, p. 426:—" But as‘ malice prgpense! d obtained a broader meaning than belongs *preme ‘ated design,’ the statute regeres, in order oa conviction of murder under the first sub- division, the existence of an actual intention to kill.” ‘the existence of such intention must, there- foré, be proved on the trial to sustain such an indictment under the first sub-division. The result of the case most clearly 8, the orime ot murder is sutliciently charged when alleyed, as in the present indictment, with “malice aforethought.' But, in order to prove the crime, the lish @ case within the require- tute in one of its three sub-divisions. shown that a portion of the charge of the learned Judge at the trial was erroneous, should the judgment, be reversed for that error? Tf it be possible ‘that the prisoner was injured by the error there should be # new trial, and I think the rule 1a, that itis not for him to show how, or to what extent he was prejudiced. The existence of the error prima facie establishes his claim to relief, In order to sustain the judginent, it must appear that the error could not and did not affectthe verdict. Ifno harm was done to the prisoner by the error he cannot complain. The rule is well settled’ that It the charge or other decis- ion of the Court below be erroncous, still if the Court above can clearly see that it could not prejudice the rights of the party objecting to it, tne verdict will not be set aside, and this rule applies as well to a bill exceptions on writ of error as The law relate | bills of exception same in criminal as it 1s in civil cases. In People vs. Wiley, 3 Hill, 195, 214, it was held that though the Court in the course of @ trial, whether civil or criminal, err in point of law, yet it the error be one which by legal necessity can do injury, it 1s not cause for setting aside the verdict, even ona bill of exceptions, The Court of Appeals have held that erroneous instructions will not orize reversing Sein aay dace where it appears from of the finding, as matter of legal at the error did mot effect the result, Bransby, lew York, | 625.) anot tne same Court held that if ruling be erroneous the party against whoin it is will be entitled to a reversal of the judgment agai him, unless it clearly Appear that he was not prejudiced Blanchett‘ es rang at portion ot “the cage in of the Prinplained of were of no tmportance oF Jid ot preji dice the Gps Boe ered to it, the judi be sus- tained, notwithstanding the érror. ‘the Court of last re- sort gave a late illustration of the principle, when held that criminal conviction will not be reversed the Judge who tried cause denied @ Be tion to strike out evidence which was wholly immateri We are brought, therefore, to AN IMPORTANT INQUIRY. Whether in this case the error in the charge which is complained of was material or prejudicial to the prisoner. ‘that important question is n upon our attention, and it calls for the ¢ tion aud caim determination of the Court Was the jurr properly instructed npon the point of premeditated de- sign? Did not the Judge plainly and unequivocally in- struct the jury that the burden of proving premeditated design rested on the prosecution ? Were the instructions to the jury as perspicuous, and so unequivocal, trom the language of the chargé that premeditated design to eftect death was un essential element of the erime of murder in the firs: degree? and were they told that they must find this clement to exist trom the circumstances of the case upon the evidence given by the prosecution berore the prisoner could be convicted of murder in the first degree? | if these inquiries are, upon an examination of the whole charge, properly to be wered in the aftirmative, then no prejudice could, by legal necessity, have resulted to the prisoner trom'the error of the Judge in his remarks as to the inference of design from the mere fact of killing. The indictment ts thatan error by the Judge was prejudiced to the plain- tu in error, and we are called upon to determine whether, upon the whole charge, such indictment is re- yelled. ‘After carefully reading the entire charge of the Judge TI ‘am of the opinion that the erroneous part of his c! e, which has been above con- sidered, and which in fact, consists of a single sentence, was only a momentary departure trom the general tenor of the charge on the subject of premeditated design. It seems to me that the instructions given to the jury in re- peated passages of the charges were <o explicit thatthe Jury could not be misled. They were distinctly told that murder in the first degree was the killing of a person, with a premedited design to effect the deain of the per: son so killed; with the premeditated design to effect the death ot Fisk in this case, And tat they were to even if there were two pistols, whether they “find in this case the evidence of pre- jesign on the part of the prisoner toeffect the death of Fisk.” “In doing that,” sald the Judge, “you have got over the body of this evidence, and Tealize ax clearly as possible the position of these parties, and whether trom the whole body ot the evidence there ig enough to satisty you that the prisoner had at the time of tiring this design ot killing Fisk.” his direction so clear that the jury could not have misiaderstood what question they were to consider, and what finding the must make as to the premeditated design ot the pri oner beiore convicting him of murder in the fr degree. It is true that alter this explicit direction on the point of premeditated design the erroncous sen- tence above reviewed was enunciated, and the matter might have been left in doubt had not ‘the counsel for the prosecution called attention to the point, requesting further instructions on the question of premeditated de- sign, and had not the Judge, in response thereto, given further and final instructions to the jury on that very question. While the law not define any particular length of time tha Il intervene between the formation of such premeditated design and its execution, it docs require that the jury shall be clearly satisfied that the prisoner had sufficient time before to deliberate upon the question and that he had actually tormed a full and complete intention to Kull. If the jury are not satisfied that they should not convict thé prisoner of murder. although he used a dangerous weapon and death resulted from it, perhaps itis best for me not to give any language of my own, but to nse that of the law, The Court does that shi ot Appeals have decided that the question is not whether a desi to take life existed. but the grand auestion is whether there is an in- tention to kill existing at the moment of strikin the blow, or in the case of pulling the trigger, is suc! intention a premeditated design? Within the ‘meanin, of the statute the words premeditated, atorethiought an prepense possess, etymologicaliy, the same incaning, ing the Latin and Saxon synonymes, expressing a single idea, and possessing in law precisely the same iorce. If there be sufficient deliberation to torm a design to take Ufe there is a suiticient deliberation to constitute murder. No matter whether the design was formed at ihe instant of striking the fatal blow, or whether it was contemplated for months. It is enough that the intention precedes the act; although, the act following instantly, of course ' there must be a remeditated design. | Within that dednition, I decline fo charge otherwise, The counsel for the prisoner then excepted to the refusal to charge, as requested by them, The structure of civilized society rests upon laws that punish such offences, Those laws should be taithiully administered, W there has been a conviction tor crime atter a fait trial the penalty should toliow, and it is not for any light reason that the Court should reverse e conviction. I think itis the solemn duty of the Court this case to affirm the judgment. ‘The motion for a new trial is denied, and the judgment affirmed. The decision is of great length. The feregoing are the leading points. How Stokes Received the Decision and What the Public Think About It, The denial of a new trial was received by Stokes very shortly after the decision of the Court was given. He manifested his usual indifference, spoke with his accustomed confidence that the decision would be revprsed, and said to Warden Johnson, who was with him when the information came, that his lawyers would go to the Court of Appeals, as though there were no preliminary steps to be taken and as if going to the Court of Appeals was @ matter of course. Stokes showed no feelings of despondency or loss of hope in any way through- out the remainder of the day, but sustained that assurance of confidence that he will never have in- flicted upon him the death penalty that has char- acterized him ever since the night he shot Fisk. The probabilities of his ever being hanged were pretty generally discussed yesterday. it was the topic of the hour, and the subject of conversation in the street cars. It was curious and instructive to note the change in public fecling, the reaetion from the openly avowed sentiment that ‘hanging was played out in New York” to the almost unani- mous expression of confidence that the law would be sustained, and that the Courts would not any longer be trifled with, and that public sentiment was doing its good and perfect work, STRIKE OF THE SHIP JOINERS Meeting of the Society Last Evening= An Increase of Wages Demanded—What the Members Think ot a Strike. The adjourned meeting of the ship joiners of New York ‘and its vicinity was held last evening at 193 Bowery. Thirty-two members were present. The — secre- tary stated the object of Yheir association, as fol- lows;—Last year, he,said, and the year previous, pusiness » Marseilles, Toi Telxe dull among them, Yet me rate of merchants and shipowners resol ved of payment, and did decrea eit, under the proiext that it Was seriously injuring their business ; that contracts were Made with Shipbuilders or other cities, and that New York was least of all patronized. They then rate at $0 per a ‘nis lasted for six months. hess again becoming brisk the carpenters and cauikers demanded 4 ber day, and were successful in obtaining it. ‘The ship joiners did not think ita favoruble time n to urge their demand for an increase. finding lemand greater (nan the supply, they build their hopes of getting increased wages on che favorable condi. tion of their trade. A sirike wili be avoided if possible, but, if {t should be deemed necessary, the men intend to eniorce their claims, Mr. Nathaniel Bet pre- sided last e » and Mr. J. D. Mahoney acted as Seci succeeded in eliciting the men n Now, 1 rete from’ ‘tome? of their views on the sub- ject. Several pe and yarns were reported g being par ly busy. In some, Williamsburg, f rooklyn and Red Hook incinded, employers were pay: {ng $4. and the men were content there. in New York fhe Tate was omly $4 60. One of the members present, yonlthy bolt contzact, paid $4. He thought more wealthy should be able to do the same. A letter Was received from the Eight-Hour League requesting the attendance of two delegates at their meeting on Friday evening next. Ship Joiners’ Society struck for waxes six years ago, and were unsuccessful. ‘Ihe general feeling of the members Tras In favor of w strike, und w on th en on Monday Until which Ume they finally adjourned 2 (Vous next, THE MORSESHOERS’ STRIKE. ee The Railroad Companies Fighting the Men—The Men Hopefal and the Em- ployers Stubborn—The Shops Filling with Non-Society Men. The horseshoers’ strike, which began on Monday last, has spread all over the city, and the strike is now gen- eral. The railroad companies, who are the largest em- ployers of shoers in the city, are all confident of their ability to get non-society men enough to do their work, although they recognize the fact that it will take time. Their plan is to bring men from the country and adjoining towns, ani time, they say, is all that ts necessary to perfect thelr plans, in conversation with a gentleman connecies with the Seventh Avenue road the Hxgzavp reporter was iniormed that the strike was most lil-timed, for the reason that horses can remain longer now without shoeing than they could in the Winter time. The gentleman expressed himself to the effect that if the men had struck in the Winter the companies would been obliged comply with their demands, but now they to dispense with them and hire other men, The Seventh Avenue road, which em- Dloyed twenty-two men, have only three working and the Superintendent says that they can Keep the horses on the road for a week to come, and he hopes in the meantime to get eighteen non y men. ‘This company say they will never again employ society men it they have to run only one-hali the usual couple- ment of cars, Mr. Hart, the superintendent of the shocing shop on this road, aye that this morning he will have enough men feeo.ae the work. He says he has orders not to employ society men for an; they ask to work at reduce’ consideration, not even if rates. The new menare get ting $3 50 @ day, the wages the society men were gel in wren they struck for $4. The Fourth Avenue road is st Without shoers, and it is rumored that the society men willreturn to work this morning at $4a day. Third Avenue road the men are at work, (he company having complied with their demands, ‘the second Aye- nue road have employed the society men again at the x rate, and everything 1s working smoothly in their 0) shops. iit the other shops the men are for the most part at work, the companies having complied with the socicty’s demands, ——__+ ++ —__ MARRIAGES AND DEATHS. in the Married. HOCHESTAETTER—CHESEBROUGH.—On Wednesday, May 7, at the Church of the Incarnation, by tae Rev. Dr. Montgomery, WILLIAM J. HOCHSTAETTE! of Hesse Darmstadt, to AUGUSTA STUYVESANT, thir daughter of the late Kobeit J, Chesebrough. Porrkk—HorreR.—In Paterson, N. J. on Tues- day, May 6, 1873, at the resiaence of the bride's perce by the Rey. William H. Clark, Francis W. ‘OTTER, Kaq., of Newark, United States Consul at rance, to Miss Mary A., eldest daugh; ter of Hon. John Hopper. Requa—WHITE.—On Wednesday, May 7, at the Pilgrim Baptist church, Thirty-third street, by the Rev. J... Kennard, L. F. REQUA, of this city, to Sapig, daughter of Rufus White, of Newark, Newark papers please copy. Sumrson—Hazzarv.—In Brooklyn, Wednesday, May 7, by the Rev. Dr. Burchard, of New York city, ALFRED H. Simpson, of Brooklyn, to Ipa S. Haz- ZARD, daughter of the late James H. Hazzard, of Newburg, N.Y. No cards. Died. ASPINWALL.—On Tuesday morning, May 6, at 33 East Tenth street, JoHN L, ASPINWALL, aged 67 years, Notice of funeral hereafter. Barky.—Un Wednesday, Ma: eldest child of Thomas L, and 7 years and 6 months. ineral from her parents’ residence, 331 East Twelfth street, on Thursday, at two o'clock P. M. BLIss.—On ‘Tuesday, May 6, Mrs. ANN W. BLIss, aged 70 years and 7 months. ‘uneral will be attended at the residence of her son, D. M. Bliss, 63 West Forty-ninth street, on ‘Thursday, May 8, at 11 o’clock A. M. Relatives and friends of the family, and also of ker son, Samuel A. Porter, are invited to attend. BockgE.—Suddenly, at. his ‘residence, Ramapo Valiey, ABRAM W. Bock, in the 52d year of his age. Funeral services at the Island church, Mahwah, at one P. M., on Thursday, May 8 Train per Erie Railway leaves foot of Chambers street at eleven A. M. and returns at seventeen minutes past three P. M. from Mahwah. Relatives and friends are in- vited to attend, without further notice. Carriages will be in attendance on arrival of tie train. BoYLAN.—On Wednesday, May 7, PATRICK Boy- LAN, in the 26th year of his age; a native of Tilly- corbit, county Monahan, Ireland. The friends of the family are respectfally re- juested to attend his funeral, on Friday, May 9, rom the residence of his brother-in-law, Michael ee 619 West Forty-third street, at one o'clock BRIMLOW.—In this city, on Wednesday, May 7, JOHN W. BRIMLOW, in the 52d year of his age. The relatives and iriends of the family are re- spectfully invited to attend the funeral from his late residence, 685 Washington street, on Friday, May 9, at one o'clock P, M. BRODHEAD.—On Tuesday morning, May 6, at his residence, in this city, of pneumonia, Joun ROMEYN BRODHEAD, aged 59 years, Relatives and iriends of the family are invited to attend the funeral services, at the Collegiate Re- formed Dutch church, corner of Fith avenue and Twenty-ninth street, on Friday, May 9 at ten o'clock A. M. CANAVAN.—On Tuesday, May 6, at his residence, 173 Clinton street, THOMAS CANAVAN, formerly of Little Kilrush, Limerick city, in the 74th year of his age. His friends, and those of his sons James, John, Michael, Patrick and Thomas, are respectiully re- quested to attend the funeral, this (Thursday) after noon, at two o'clock. Limerick and Clare papers please copy. CHASE.—Suddenly, on Wednesday, - May 7, at the residence of his son-in-law, W. 8. Hoyt, No. 4 West ess street, S. P. Cask, Chief Justice of the United States, in the 66th year of his age. The remains will lie in St. George’s church, Stuyvesant square, on Friday. Funeral services, in oe ee church, on Saturday aiternoon, at three o'clock. CLIFFORD.—On Tuesday, May 6, Henry F. CLiF- FORD, Jr., aged 43 years. ‘The relatives and triends of the family are re- spectiully invited to attend the funeral, from his late residence, corner of Commeree and Imlay streets, Brooklyn, at two o’ciock, Thursday, the 8th inst. The remains will be taken to Greenwood Cemetery for interment. May 6, Mrs. ELLEN CorreY.—On Tuesday, Corrky, in her 67th year, The relatives and iriends of the family are invited to attend the funeral, trom the residence of her son-in-law. P. Whelan, 129 West Twenty-fourth street, on Thursday, May 8, at half-past one P. M. DALLEY.—At Washington Heights, on Wednes- day, May 7, ELLEN DALLEY, wile of John Dalley and daughter of the late Dennis Harris, aged 45 years. Relatives and friends of the family are respect- fully invited to attend the funeral, from the Wash- ington Heights Methodist Episcopal church, Tenth avenue and 153d street, on Friday, May 9, at two o'clock P. M. Hudson River Railroad trains leave Thirtieth street at haif-past one P. M. Davey.—At Finderne, N. J., on Wednesday, May 7, 1873, Captain HENRY Davey, aged 46 years, His relatives and friends are invited to attend the juneral services at his late residence, on Satur- day, May 10, 1873, at one o'clock P.M. Train leaves New York, foot of Liberty street, at 10:15 A. M. Carriages will be at the depot on arrival of the 7, JESSIE BARRY, lary T. Barry, aged train, Davips On Tuesday, May 6, Cristina’ A. Davipson, beloved wife of Thomas G. Davidson, aged 54 years, Funeral on Friday, at one o'clock P, M., from 360 Kast Filtieth street. Downry.—On Wednesday morning, May 7, MEt- VIN IRVING DowNEY, only child of James H. and Sarah E, Downey and grandson of Mr. W. L, Ben- nett, aged 2 years, § months and 2 day: Relatives and friends of the family are requested to attend the funeral, from the residence of his parents, 635 Leonard street, Greenpoint, at one o'clock, on Friday, May 9. Epcar.—At Westtield, N, J., on Wednesday, May 7, MARY JOSEPHINE, Wile of Rev. BE, B. Edgar, Friends of the family and members of the Pres- bytery of Elizabeth are invited to attend the funeral, on Friday, at two P, M., at the Presbyterian Trains bh aig of Liberty street at EIseNLorpy.—On Wednesday, May 7, of pneu- monia, Dr. ALONZ0 M. F. WIskNLORD. Friends are invited to attend the faneral, on Sunday, May 11, at ten A. M., at Fort Plain, N.Y. | FARRELL.—Or a sudden fiiness, JomN FARRELL, & native of Trim, county Meath, Ireland, in the 45th year of his age. ‘The friends and acquaintances of the family, and those of his brother James and of his brothers-in- law John, James and Thomas Karly, are respect fully requested to attend the funeral, on Friday morning, the 9th inst., at nine o'clock, from lus late residence, 93 Henry street, to St, Teresa's chureh, Where’ a solemn requiem will be celebrated for the repose of his soul, and from thence to Cai vary Cemetery, FArnett.—On Tuesday, May 4, at her residence, 179 Montgomery street, Jersey City, HELEN, the be- loved wife of James’ Farrell and daughter of Patrick and the late Elizabeth McCormick, aged 04 years and 8 months. The remains will be taken from the above place to St. Berndrd’s church, Thirteenth street, be- tween Ninth and Tenth avenues, this city, where & oliiers and. al Oe par daye tie fs rpeners was of por days t ants and shipotracra resolved to decrease, this rats : Olympic Theatre, in the 47th year of his age. $$ soremn requiem nign mass wilt be for the repose of her soul, at ten o'clock this (Thurge day) morning, May 8, thence; at half-past one o'clock, to Calvary Cemetery tor interment, The relatives and friends of the family are Tespectfuug invited to attend, FREKS.—At Williamsburg, on Tuesday, May 6, ef Lopes Dank. H. PERKS, in the 59th year ef is age. The relatives and friends of the family are re- spectiully invited to attend his funeral from 116 South Filth street, Williamsburg, on Thursday, ste instant, at three o'clock P, M. PINNERTY.—In Brooklyn, on Weananiag moi May Mary, wiie of Thomas Finnerty, aged eal The relatives and friends of the family are re. spectfully invited to attend her funeral, on Fri morning, at ten A. M., trom St. Peter's church, Hicks street, corner of Warren, where a high mass of requiem will be offered 3D; from thence to the Cemetery of the Holy Cross, Flatbush. for interment, FRIELING.—On Wednesday, May 7, °1873, MARG. re the beloved wile of C, William Frieling, aged 3 ears. ‘he relatives and friends of the family are re- spectfully invited to attend the funeral, from hee late residence, 897 Second avenue, on Friday, Mag 9, at haif-past one o'clock P. M. Rookiand (Mey papers please copy. GALLAGHF! n Tuesday, May 6, after a tong and painful illness, Many, the widow ef Hugh Gallagher, in the 62d year o/ her age. Her relatives and friends and those of her sens Wiliam, Hugh ana Edward, also -those of her brother, Charles Kerrigan, are respectfully invited to attena the funeral, at half-past one P. M., om Thursday, May 8, irom her late residence, 536 Eleventh avenue,’ between Forty-first and Fortg- second streets, GILLEN.—On. ae evening, May 5, MARGARET A., wife of Wiilam H. Gillen, and second daughter of the late Wiliam McBrid Funeral services at her late residence, Passaie, N. J., on Yhursday, the Sth inst., at three o'clock P.M. Carriages will meet train leaving foot of Chambers street, Eric Rat'way, at 1:45P.M, * GreeNE.—At her residence, 329 East Sixteenth reet, On Tuesday, May 6, CATHARINE, widew of Michael Greene, in the 77th year of her age, Her friends and acquaintances are respectfaty invited to attend her funeral, from the Church of the Immaculate Conception, Fourteenth street, near avenue B, on Thursday morning, at ten o’ciock, where a solemn mass of requiem will be offered fer one renees ot her soul. Interment in Eleventh street, lemetery. Havens.—On Tuesday, May 6, at Shelter Isl ALsert G, HAVENS, in the 67th year of his age, the firm of A. G. Havens & Son, of this city. The relatives and iriends are invited to attet the funeral, at his late residence on Shelter Island, on Fri ata P, M. Hawkins.—On Wednesday, May 7, STEPHEN, son Be James Hawkins, aged 17 years, 2 months and 3 ays. His funeral will take place from his father’s resi- dence, 251 West Houston street, at two o'clock, on Friday, May 9. The friends of the family are re- quested to attend, HaYg3.—On Wednesday, May 7, at a quarter to eleven o'clock A. M., at his residence, 181 West Tenth strect, Mr. JAMES E. HAYES, manager of Ane ir. Hayes had been ill but little more than two weeks ofa complication of heart and brain diseases, He leaves a wife and one cluld. The funeral services will take place at St, Ann‘s Episcopal church, West Eighteenth street, mear Fifth avenue, on Friday, May 9 at four P. Friends and members G1 the profession are respect- fully invited to attend. Tue remains will be taken to Boston for interment. Hovauron.—On ‘Tuesday afternoon, May & REGINA MARTINEZ Heryz, wife ot Kev. Edward 0. Houghton. at her residehce, 11 East Twenty-ninth street, mm this city, aged The relatives and friends of the family are re- spectfully invited to attend the funeral at the Church of the Transfiguration, on Friday, May 9, at eleven o'clock A, M. KEYSER.—On Monday, May 5, 1873, ERNEST KEBY- SER, age 1 85, Relatives and friends of the family are invited to attend the funeral, from his late residence, 14 East Filty-seventh street, on Thursday, 8th inst., at three o’clock P. M. KNIFFIN,—On Wednesday, May 7, 1873, at his rest- dence, 61 Bethune street, ALGERNON 8, KNIFFIN, in the 66th year of his age. m Relatives and friends of the family are respect- fully invited to attend his funeral, on Saturday, May 10, at one e’ciock, irom the church corner of Waveriey place and West Eleventh street, MALONEY.— On Tuesday, May 6, ANN, the beloved wiie of Joseph Maloney, aged 40 years. The reiatives and friends are invited to the fame- ral, from the Church of St. Elizabeth, Fort Wash- ington, on Thursday, May 8, at 10 o'clock A. M., where a high mass oi requiem will be celebrated. MaRsAc.—On Wednesday morning, May 7%, Ma- TILDA, Wife of W. H. Marsac, aged 43 years. Relatives and friends of the family are te fully invited to attend the funeral, from her lave reeaence, 127 Ninth avenue, on Thursday, at one o'clock, vi MARTYN.—On Monday, May 5, of consumption, CARLES H. MarTYN. Funeral this (Thursday) morning, at ten o'clock, from the Church of the Redeemer, Fourth avenue and Eignty-secord street, MuRRAY.—On Tuesday, May 6, HuGH MURRAY, & native of the county Down, Ircland, in the 65ta year of his age. The relatives and friends of the family are Tespectiully invited to attend his feneral, from his late residence, 46 Le a sticet, on Friday aiter- noon, at one o'clock. remains will be taken to Calvary Cemetery for interment. MvuRPHY.—On Weduesday, May 7, 1373, after @ short iliness, JoskrH CLARENCE, youngest son of Thomas and Mary Anne Murphy, aged 4 months and 2 weeks. Funeral will take place from the residence of his parents, 325 East irty-ninth street, on Friday, - ‘May 9, at two P. M., thence to Calvary Cemetery. Albany papers please copy. McCLURE—In this city, on Wednesday, Muy 1, STEPHEN CoNOVER, son of John 8. McClure, in the Year of his age. ‘The relatives and friends of the family are in- vited to attend the funeral, from Tabernacle church (Rev. Dr. Taylor’s), corner Thirty-iourth street and Sixth avenue, on Friday, May 9, at 1 McTurK.—At the residence of his parents, 409 Wes: Twenty-fourth street, on Tuesday, May 6, Davip McTuRK, in the 23d year of his age. The friends of the family are respectfully re- quested to attend the tuneral on Thursday, 8 ai one o’clock P. M. NEwTonN.—On Wednesday morning, May % PRANCIs B., infant son of General John Newton, United States Engineers, Funeral on Friday afternoon, at two o’clock, from residence 41 New York avenue. : O’DONNELL.—On Wednesday, May 7, 1873, JAMES O'DONNELL, @ native of the parish of Charleville, county Cork, Ireland, in the 30th year of his age. The relatives and friends are respectfully in- vited to attend the funeral fr his late residence, 75 Carmine street, to-morrow (Friday) afternoon at two o'clock, PeTsuaw.—On Wednesday morning, May 7, Mit- phoeiy inant son of Adolph M. and Julie L. Pet- shaw. ‘The funeral will take place on Thursday, at one o'clock P. M., from 348 East Fourth street. PRILBIN.—In Brooklyn, on Wednesday, ar % MICHAEL PHILBIN, a native of Partree, near Ballin- robe, County Mayo, Ireland, aged 55 years. His remains will be taxen from his late residence, 548 Henry street, to St. Stephen’s church, corner of Carroll and Hisks, on Saturday, 10th inst., at ten A. M., when a requiem mass will be said for the re- pose of his soul; thence, at two P, M., to the Ceme- tery of the Holy Cross, Flatbush, for interment. ‘The friends of the ,amily are invited to attend. PHILLIPs.—On Wednesday morning, May 7, at three o’clock, GEORGE C. PHILLIPS, aged 56 years. « Funeral on Thursday afternoon, at one o'clock, from the residence of his brother, John Y. Phillips, corner Oi 117th street and First avenue. Relatives and friends are respectfully invited to atiend. REYNOLDS.—On Wednesday, May 7, Mrs. JULIA ANN REYNOLDS, the beloved wife of Patrick Reynolds, parish of Mohill, county of Leitrim, Ire- land. The relatives and friends of the family are re- spectfully invited to attend the funeral, from ber late residence, 15 Carroll street, South brooklyn, on Friday, May 9, at hal{-past two o'clock, KoGeRs,—On Wednesday, May 7, ELIZABETH, the beloved wife of Joseph Rogers, aged 28 years. - ‘The relatives and iriends of the tamily are in- vited to attend the funeral, {rom her late residence, 24 Willett street, on Friday, May 9 Michigan and Chicago papers please copy. RoseNTHAL.—On Wednesday morning, May 7, 1873, at her residence, of heart disease, JOHANNA, wife of August Kosenthal, aged 67 years and 4 days. Friends of the family are invited to attend the funeral, from St. Peter's German Lutheran charch, corner Forty-sixth arrest ane Jexington avenue, on Friday, May 9, at one o'clock. SMact.—On' Wednesday orhnarn May 7, Maup - LL, 21st ye . bas eee yr is of the family are invited to attend the funeral, on Friday, May 9, at the Pros- byterian chapel, Third avenue, near Thirty-first eet. ‘ a eOWERBY.—At eevee or! on Monday, May 5, oR SOWERBY, 57 years of age. AuriUlves and friends are respectfully invited to attend the funeral, this (Thursday) afternoon, at three o'clock, irom the Pacific street Methodist Episcopal church, corner Pacific and Clinton streets, Brooklyn. The remains will be taken to Greenwood for interment, STourrrR.—In Brooklyn, on Tuesday, May 6, 1873, at his residence, 250 Raymond street, Captain Gxores C, STOUFFER, aged 61 years and 14 days, His remains will go vo Baltimore, his native place, for interment, and will leave the house at eleven o'clock A. M., Thursday. Friends of the family and members of Continental Lodge, 287, F. and A M,, are invited to be present. Van Wanrt.—In London, England, on Sunday, April 20, SARAUW CRAIG VAN WART, Wile of Irving Van Wart, of tuis city. Funeral at Edgbaston parish church, Birming- ham, on Wednesday, April 23, WALKER.—On Tuesday, May after a short illness, Joseram years and 8 months, Friends of the amily are requested to attend the funeral, from the residence of his mother, 57 erry street, on Thursday, May 8, at one o'clock P. M. Weston.—On Wednesday, May 7, of congestion of the lungs, RICHARD WARREN WESTON, In tue 64th year of his age. Woot.—-On Wednesday morning, May 7, at Troy, N.Y., Mrs. Major General Joun Woot in the soth year of her are, ‘The funeral services will take place at her late residence, oa Friday morning, the 9th \nst, at LL O'Glocks 6, of consumptior Walker, aged I