The New York Herald Newspaper, May 9, 1873, Page 5

MAYOR HAVEMEYER'S TRIUMPH, Almost Unanimous Confirmation ef All. the Nominations Submitted. Health and Tax Commissioners and an Alderman Appointed. GREAT EXCITEMENT ABOUT THE CITY GALL, An Interesting Session of the Com- mon Council. Speculation as to the Moves—More Nomi- nations To Be Sent in. To-Day—The Gossip of the Politicians. ‘There was a full dress parade and field day of the Politicians yesterday about the City Hall, not even the rain which commenced to fall shorfty before noon, having power to dampen in the smallest de- gree the ardor of their patriotism. They were there like men and stayed there, teo, from ten o’clock until nearly six, for it was'a great day for oMce-seekers. It was very generally under- stood that action would. be taken at the meeting of the Board of Aldermen wpon the nominations for Health and Tax Commissioners and Alderman to fill vacancy sent in by Mayor Havemeyer on Monday last, and, what was still more eagerly looked for, it was be- jieved that the Mayor would send in nominations for other commissions. The vestibules and ro- tunda of the City Hall and all the corridors of the building, up stairs and down, had their little groups and clusters of men eager to serve their fellow citizens, and the crowd cmbraced nearly every variety of THE NUMEROUS AND INTELLECTUAL OLASS of men who devote themselves to the science and ethics of government by wards and “deestricks” fn this great an@ glorious municipality. Reform has been a big thing for New York city in many respects, and, among others, in this: It has re- Bulted in improving the general average of the men who hang about the public departments, more especially of those about the new Court House and City Hall. This class in Tammany’s palmy days, jadging alike by their physiognomy, their attire and deportment, represented either the refined and ostentatious order of pimps and dandies, with great displays of shirt font, shiny hat, lavender pants and jewelry, or the noble army of thugs and “‘bejezzos” boys, with square, heavy Jaws and shoulders, beetle brows, great black (dyed) mustaches and bulldog hearts and instincts. They all seem to be gone. THERE 18 A GOOD STORY told of @ well-known uptown Tammany politician, which, perhaps, tells the tale as to “where they have gone,” On the night of the election in the Fall of 1871 “Prince Harry,” as he was called, rushed into a well-known resort in his district, where was assembled a momber of his henchmen and hangers-on, and, throwing himselfinto a chair, exclaimed, “Well, by Jove, I'm defeated!” Then rising from his scat and casting a look of mingled contempt and dis- gust op the crowd of aependants about him he ‘waved his hand and said, ‘Now, then, you fellows can take off your coats and go to work, Ican do nothing more for you, and I’ve kept you long enough.” His hint to his own crowd seems to have swerved for the whole Tammany force, They have “gone” to work, THE GANGS THAT NOW LINGER #0 patiently in the lobbies sccm to be, as a rule, of a@ much decenter class, FN noen omic they are adecided improvement, though in the matter of ress they are not 80 ropes Gnd not 80 much on the mouth or muscle. ey form the rank ana file ‘of the reform legion that in baad mee two hag — has so utterly swept away t! “e vandal of the.Tammany Attilas ana and they Sre co®ing up now 10 receive what. they.oelleve 19 pe be thelr due recompense in enrolment in the vic- torious army of occupation. Now and then aman higher in grade—an apogee or one of oe nominees perhaps—ran gre pepe through the corriders ra was batton-hol and ear-wi during his progress by all sorts of men. ‘wanted to know WHAT WAS GOING TO BE DONE with the Deminations and others wanted simply to be “remembered.” It was strange, after all, where so much new! ame from 28 ened pendies abons the Hall vests @ay. Everybody ing his fellow, ‘Well, how does it Took” to-day ?? and ¢ everybody an- swered his fellow, Ls “Oh, it’s hard to say.” to one course os other. she geporel opinion’ among the un- the Aldermen would take mo Seton ions, but would mi late them oan waehe result showed 1 how wide of the facts ‘that general belief happened to be this time, mee ie a n fad Legge oe nominations already Sut “any 'furtticy deny, “amd ‘wicked. "poo. ir pie. said there, were “reasons forall thts nerosity. Seme the opinion that caucus had come to ‘an understand nominees with reierence to the farming oat of patronage in return for confirmation. But, so far ol er errno bigs ‘was impossibi fe to get at an, Say thing | Sanalble. In conversat th aoe is of the most respectable men in the Board, Sup en ian Who has a very remunerative and pi: visible means of sup- port’ outside of politi @ HERALD reporter re- ceived the jollowing significant reply :— “Oh, no; nothing could be doue in that way. So far as'1 can learn the patronage of the Tax Com- Mission has all been of long ago. oe 8 to the State ‘Senators. That was ail rin Albany, as I cath er it, and I thr 1 have got it pretty sareie! ht.?? It was not until the Board met at hall-past three o'clock that EXCITEMENT BEGAN TO GROW intense, and when in a few minutes news ed the crowd in the Nopbies that the Board had confirmed the appointment of Dr. Chandler for Health Commissioner speculation and confidence among the knowing ones was knocked endwise. And 80 one alter another the Dames were an- pet | as confirmed unti) John Wheeler was an- moun sale. saan You don’t mean to say Wheeler is con- “Yes he is, though. I’ve just come from the aon oe wail, that settles It, Ifhe has gone Lomitonel “But I thought he was ti bee” yy aa Abner. they were going” ‘ “80 did J, Billy; but you know you don’t know ‘and ‘ finally came report, ‘Clausen hen n 18, confirmed.” This settled the agitators completely, and they tossed up the sponge. For somé reason the malcontents, or the tte who appeared to -bope that the Mayor might Sen ee the Aldermen, tha Pree oy 2 "in Wheele No it Neyond fo1 that he he fatante deverve it,” and the more ful one thi ne fom confirmation would Apportioument aemocracio. All rough the Week some men have taken e, r= been particular demonstration for tim. Cuca talked te him, of course, and nodded ‘vo him, and even pointed nim out as @ ‘dead cock tm the pita man who was in toe list, but would never come out alive, What a change came o’er ‘the spirit of. THIS DREAM OF IGNORANCE eee afternoon, shortly after four o'clock! Boag ma re in the Mayor's outer office, and every- ¢ HERALD reporter, Was making hia arm. It is no untruth to ba) of an oak ten men who came ip shoo! congratulated him on his eee, allow me te say I feel almost as yourse: some of these ing 89 syoapnante whe were sinew afraid to wo , for fear they might epetted Py ‘Wh men.’ they are quite wee tohave pare rid tal Wheeler that they are “soun\ ve been all the whille,”” Everywhere the. revult ‘was looked upon as ry MAY and an Svein tenga ae does ‘Raked one ofa group of three who stood at the foot of the me, ofa — ‘Who was on his way to the og foveTnment 1s is to the femes ee palais ‘big cee ayn Meron algeria, eae vig ph Ry fA for the ak £ te Dig ings oe - Apps of cer- NEW YORK HERALD, FRIDAY, MAY 9, 1873—TRIPLE SHEET. right, erything result to the best inter- od the. peo ple 5 fan you find the nermeR hood rane a by y ie Alayor wy along. ag _ vails that there is actually, or oiwittin day or two, a combination nat ben Gnd wi and it’ te aeerved a that Cr Keugd” thro of iheg have” eaten Sificas or that th vtbey be be- strustfal aha other, and thatthe game aoe in” tp” because of murasl distrust, cape ‘To-day the Aldermen meet again, especially to re- ceive further nominations from the Aiayor, but it Sac merest guesswork to say who the nominees PROCEEDINGS OF THE BOARD. The Board of Aldermen met yesterday, Alder- man Vance, President, presiding. The iobby was densely crowded, in expectation of action being taken on the Mayor’s nominations, and the scramble for admission was so great that Cap- tain Leary and a aytail of police had to take a position at the doors and gates to prevent them being carried by storm, CONFIRMATION OF THR MAYOR'S APPOINTMENTS, Mr. BILLINGS—I move to take from the table the letter of the Mayor appointing Commissioners of Heaith. - Mr. REILLY moved, in amendment, to take up the nominations of Tax Commissioners, Mr. Reilly was ruled out of order, and on motion of Mr. FLANIGAN, the Board proceeded to VOTE ON HEALTH COMMISSIONBRS separately. The vote on confirmation of Pr, Chandler as President was 13 yeas and 1 nay, Mr. McCafferty casting the negative vote. On the vote on the confirmation of Dr. Stephen Smith, all but Messrs. Lysaght and McCatlerty voted yea. When the nominations for TAX COMMISSIONERS was called up Mr, VAN ScHATCcE moved that the confirmation of Mr. Wheeler lie over until next meeting. It was not seconded and Mr. Wheeler was confirmed, all but Mr. Van Schaick voting in the affirmative, When Mr. Moulton’s name was called for Tax Commissioner, Mr. COOPER arose and said:—I move the confir- mation ef this gentleman lie ever until ‘a future mgeting. Mr, Van ScoalcK—I object; I hope the motion ‘will not prevail. Mr. Moulton isa gentleman who stands as high in public reputation as any gentle- man here or filling any responsible position. 1 know that the qcrenans, to defeat the contrmation of Mr. Moulton is THE RESULT OF A-BARGAIN, and I denounce it. (Sensation in the lobby). Mr. CooreR—I made the motion, and I say there is no truth in the utterances of the gentieman on ny lett when he says it is “the result of a bargain.” I made no bargain, and don’t propose to. The reason I made the motion is, that several letters have reached me touching his Atness for the place, 1 don’t propose to vote for any one unless | know him to be @ good man for the place. I knew noth- ing personally Auainas hie him. I ae know he is 4 VERY OLD M. and we all know that for such a position we want @ man who understands financial business, as mil- lions are involved, and one who can always be at his post. ‘These are my reasons for wanting the matter to goover. Ui I ascertain that he is worthy I shall vote for him, MR. REILLY—I do not see why Mr. Cooper could not find out as regards the fitness of this gentic- man for the office ere this. He is a good man, and should be confirmed, Mr. Cooprk—I am unacquainted with Mr. Moul- ton, and made the motion from the best of mo- tives; but I will withdraw it. Mr. MoOaFFERTY—There is not a man living who ey Say aught against him, either in public or pri- vate life. Tr. FALCONER—Mr. Moulton has been in the re- form movement for fifteen years. 1 trust that he will be confirmed without a dissenting vote, On the vote being taken, Mr. Moulton’s nomina- tion was confirmed, Mr. Koch being the only mem- ber voting ‘no,’ Mr. Andrews was confirmed as Tax Commis- sioner, Mr. McCafferty’s being the only negative vote recorded, Mr, VaN SCHAICK called up the NOMINATION OF HENRY CLAUSEN, as Alderman in piace of of Peter Gilsey, deceased, and moved that t! concur, Mr. BILLINGs—I move that the Leggy tee be re- ferred to the Committce on Law, are grave doubts as to whether he can Be le neaaiy nomi- nated by the Mayor under the new charter. Mr, VAN SCHAIOK—The plan to refer this to the Committee on Law is to kill his confirmation. Mr, BILLINGs—I believe we are all trying to do our daty in the premises. I made th@ motion for the reason that I think it is @ constitutional be whether the Mayor had deer to send in ete fill @ vacancy. new charter gives ths Board the power to fill vacancies with- out the Mayor's action, rane - the vacancy 0c- curred beiore the passage of the charter the wart as to whether he Sais Homans is one of Sfehe he ge ofthis Boar were he eaullied to anon will act at Clausen TH one ae ata the beat popinaticns made ai r, Who had doubtless considered vhe question of constitutionality, He Showa be confirmed t Mr. sald he ‘had taken pains to caer the law as to whether the power of the Mayo send in 8 name for confirmation.was defi ned, and he found that under the old charter a vacancy oculd Cag filled by @ special eleetion, ‘and in his opinion the Mayor no power to rs ajo y Pa. name of one to fille ga tect Aldermen, He entered into a di inion op pon the legal points involved, and e: that if the Alderman was admitted to a teat anda wot the | of the Board's action would be ae Ofaxponrs thought that the Mayor had Sears ee egal ee was i doubt ht in sending 0. ob ye etion to Sdjonra was es) when consider- able skirmishing occu! occurred all i agoun nd os circle to stave off the confirma: Motion to lay over ‘was lost, the one to refer tothe Committee on Law ‘was lost on @ tle vote. A moten ty ‘Mr. Cooper to adieore vi was lost by a vote of 3 to 1 pa moved to concur and called the Previons ques! The PRESIDENT mar dectined to entertain the pi vious question and stated he wished to give Pie discussion the widest latitude. Mr. Se moved to defer action and refer the aig le the Corporation Council for an Mr, REILLY moved im amendment to lay on the table, Lost—5 to ‘The question recurring on the motion to refer to the Corporation Council Mr. IAFPERTY said he was authorized to say that the or acted on the advice of that henge Mr, Van Scuaick—When it was proposed. to re- fer this nomination to the Committee on Law it ‘Was understood that the object was to kill the con- firmatien of Mr. Cinnsens Mr, Coorze—It is true that the proposition to re- fer it was made, and if 1am not very much mis- taken (looking at Mr. Van Schaick) this ntleman Wan bt teeeastee, tit, (Cries of “Yes, that’s 80, , Van SCHAICE—I rise to & ng gm of order. The PRESIDENT—State ‘The gentloman of order. TaN SCHAICK. aD is not a to the question before the Board. (Laughte’ there | who informed ‘that he was Itiplicity of motions, angit if that was pres (eters. expr on ey matter and of = ae pres eee eee He therefore withe fe moon, fe Feit 2H sulon Counsel Mr. oma e Poe as called, and when the Sere nt st004 9 for confirmation to 5 ‘ance, Bil rand ft. Mr. Mouelmer cl vote to the Ht tive with a view ef movi recon- sideration, resem Pad on expla! hat he voted in the negat ely because he believed the nomination met in Giausen Mr. REILLY—I move that a Gomaltee UA aadad be eed to inform Mr. of he would. pat the questi ion if should in the usual wy. preant e itty ae agua a, ne motes. ir. VAN SCHRICK moved @ reconsideration at ~—_ Of the vote. It was ruled out of order. r, Lb ied gave notice of his intention at a future meeting to move @ reconsideration of the wae A which Mr, Cisusen, was confirmed, lowing is a tabular statement of the yeas and’ ays on the fal confirmation of each Lowlus- “ ee “<a Aldermen. | H aks Pak j 4 [slain NAN 4|N N—=l1 =) =|) 4}=}4)— =| 1 =|} = =} 4 chl2 iE Hoy4 | 3)— 1—| 1] —| 1]— y= HEL Vi] 1 IEURAEHELEL =] 1 =}-|7 iE =| | 1}— sf ay=l || — i= bay j—t al i= le i Z i 3 where), and an intimation having been given that the Mayor 1s ready to send in further nominations, ie Bee Board 4 adjourned to meet at half-past three this THE OFFICIAL ORGAN OF THE CITY. et The new charter having wiped out the contract by which the ofMfieial notices are published in the Record, thé mayor, Commissioner of Public Works ond Corporation counsel met yesterday evening at @ late-hour to provide for the founding of a new ofmicial organ. ey appointed A. Desbecker super- intendent of the organ, and authorized the issue of @ netiee inviting persons to bid for the publication of the o nol ‘The entire public wo of the city bein; ndstill for want of a legal journal’ in which to publish the notices, the Mayor ‘was empowered to arrange for the publication Yor two weeks with other journals, The salary of the aoe ‘will be fixed at a future mecting of the Boa: HORSE NOTES. The Trainers’ and Drivers’ Protective Association and the National Associa. tions, Every lover ef the trotting horse in the land is interested and takes a lively concern in the present position of the Trainers’ and Drivers’ Association, having a desire to know what effect that organiza- tion wih have with trotting meetings during the coming seasen, Much has been said and written during the last three months about this agsocia- tion, and many erroneous ideas are afloat in rela- tion to it Which should be corrected. The formation of the Trainers’ and Drivers’ So- clety was in consequence of an obnoxious clause being introduced and made part of rule 28 of the National Association code at the annual Convention of that body at Philadeiphia in Feb- bruary last, and for various partial rulings by the Board of Appeals from its organizatien to the present time, These arbitrary additions to the rules were resisted by a committee of experienced and sensible drivers, who drew up a code of rules for themselves in such @ manner, that if carried Out strictly, will make tretting more attractive to the general public and give greater confidence to the owners of tracks, the trainers and drivers and the public, who, after all, have to “foot the bilk” ‘The series of rules adopted at a subsequent meeting of the trainers and drivers were generally ac- cepted by the owners of the best trotting horses in the country, the best-of wnom are pledged to sup- Port the drivers in their determmmation to do right. From the time of the adoption of their code of rules by the trainers and drivers—which have been published in the HERALD and in pamphlet form by the socicty—a strong determination to adhere to them has been manifest by every member of the organization. Interviews with the oldest and most prominent drivers lead us to the belief that they will not deviate from their rules under any pressure that can be put upon them, The Drivers’ Association is not antagonistic to the National As- sociation, but to the abuses which have crept into it by its ruling members. One of the objectionable rules of the National Asseciation is No. 18, which 1s in relation to postponements. This rule gives an association or proprietors of tracks power to ‘‘post- pone to a future time all purses and sweepstakes,’? and is regarded sae drivers as very unfair, In view of the fact t their entrance money may have been paid at namerous tracks, ana tliis rate gives the power to postpone in such ® way that @ party entering @ horse might pay entrance money fer half a dozen purses where it would he impossivle es him to trot his horse for more than one of them, placing him at the Inercy Ot those who had received in money, The drivers’ rules—Nos. 6 and 7—refer to this matter, and seem to call for nothing but what is jair. Their rule relative to entering must be productive of results if strictly Carried out, as the National Association rule on that subject does not seem to be binding enough in its portions to deter entries from being taken after the advertised hour of closing kas passed, The trainers and drivers are all conscious that the National Assectation, properly conducted, is indispensable to their interests and an authority which will exercise a beneficial influence upon everything connected with trotting; but when conducted for personal alins it becomes a danger- ous institution, and must lese caste with the owners of trotting horses andthe public Bene There are no rules in the ners’ and Drivers’ Association which conflict with those of the Na- tional Association to such an extent as to prevent all trotting associations from adopting them, and, as the Drivers’ Society control ait the best horses used for turf purposes in the country, if the track proprietors contemplating giving. purses do not ceme forward in a compromisin; Ont they will find themselves before snow falls thd not the great power they take themselves to Among the trotting associations PS nich have already advertised their purses a large number, in- Gipding. Buffalo, Utica, Cleveland and Hampton Park, state among the conditions under which the urses will be trotted for that rule No. 36 of the ational Association will govern them in award- premiui besides elsewhere stating that ee of the, National Association will govern.” ‘This rule No. 56 veg all the money toa horse dis- le No. bi intention to give the Noise dis- tancing field only first promieat it must be 80 stated in the announcement to make it Operative, as @ part of File a leaves it optional with troé associat award premiams either w: ‘lew of the fact that rule 3 of the Drivers’ ‘seociation calls for al] the money when a horse distances all his com: paras 8 Fale it would seem that a show of sant pinot at tempted which is really no Co! on at all ‘The trainers and drivers are Sporougal sealed in relation to everything takin, ch affects their interest association ofe ering purses ignores them they will simply Told thel arms and await the nevi table failure of the meet- -Ing. Owners’ interests are identical with those of — st and the latter are fully aware of their ee cial purse of $2,500 pe. been offered by the pete ik Fair Grounds for horses Jude and Gazelle. These goad horses have al (J a) driven by reinsmen who are now members of the Trainers’ and Drivers’ Association, ond it is fair to predict that tals money will never be trotted for until the drivers’ rights are acknowledged, As an evidence of the magnitude of interests connected with trot we give below a list of the associations which have already advertised their Spring and Sammer mee with the amounts of money to be given by from which it will be seen that Fleetwood Park, Prospect Park and several other prominent tracks are not in- cluded, and their purses will be an addition to the total amount annexed :— LIST OF PREMIUMS ALREADY OFFERED BY THE VARIOUS TROTTING ASSOCIATIONS, ~ Time of Meeting. Premiums JO RERE: Bpsese Ss: eSseeseeseesse ae $326, WATER TRANSPORTATION 18 THE STATE. eS Lectare by Mr. William J. McAlpine at the Cooper Institute—Internal and Ex- ternal Communication. In response to an invitation from the Chamber of Commerce Mr. William J. McAlpine delivered an address last evening in the Cooper Institute on “The Water Transportation of the State of New Yerk and Its Bearing Upon the Commercial Pros- perity of the City.” A fair attendance of the mem- be 2 of ne CO ected was Tate l by the number g lemen whom were ene sident, ee Presidents, Seer Secretary and other Pro inent me Ir. McAlpine was introduced to the audience b; ur "wiittaun M. vere. Second Vice President of the Qhamber of Commerce, who, in a brief and appropriate address, represented the lec- a4 as caked be Ad years with our Btate Engineer in 1 1661, and then, algo a warm advocate of the en- largement of the Erie, and instrumental in pro- moting the beneficial changes Wrought in connec. tion with others, Mr. Mi id many other Se oat of Lapel Le was recently called upon of the Dominion of Canada to advise in remand tc 4 “he new enlargement of the Canadian canals. He had, therefore, La nag experience of canal and management subject of his leo! ate the Mnterenting was entirely competent to el » MeAlpine here ste ‘ard and ca ressed alpine beret oT etng ae ‘abont to addre: merchants of New York compliance with theteroquest Tee one he was not of a local pong pay? phe te ee cope diversified in- th no could re, fndigerenee the ties of tr roducts of ane 1 which the pi ‘agriculture an: industry are rendered rf cost an wind te lecture ater at McAlpine a him the thanks of the Chamber of Com- id the for pis wl intelligent, ex! tive to be least. nt Laual and comprebensive, MAUD MERRILU'S MURDER, Close of the Summing Up on Both Sides. BRADYS CHARGE. Brief Review of the Law and the Evidence. JURY RETIRE FOR DELIBERATION. Verdict of Murder in the Sec- ond Degree. Sentenced to State Prison for Life— Scene in Court. Bleakley’s trial, the ninth day of its continuance, Was resumed yesterday morning in the Court of Oyer and Terminer, before Judge Brady. The usual large and deeply interested crowd thronged the court room, As for the prisoner, he appeared as heretofore, the least interested of all the persons present. His right arm, whicu, considering the very slight injuries he sustained im his double attempt at suicide, seems to be a long time in heal- ing, was still ina sling, His dress, including the marked sleventiness of his linen and his unkempt hair and generally forlorn look, presented the same continued indifference to personal appearance, His counsel, ex-Mayor Hall and William F. Howe, were Promptin attendance, as were the opposing coun- sel, District Attorney Phelps and his assistant, Mr, Rolling, MR. HALL CONCLUDES HIS SUMMING UP, At the opening of the Court Mr. Hall resuméd his comments upon the testimony of Anna Weaver, by whose sole oath the prisoner was charged with seeking money from his niece. He not only pointed out contradictions of a varied kind in the evidence, but showed how she admitted falsehoods in some parts of her whole declarations, He also contended that the pleasant interviews occurring afterward between uncle and niece next door, the Central Park visit with the two nieces afterward, the testimony of his friends, his whole course of conduct in moving her to reform and all the cir- cumstances entirely destroyed the horrible mo- tive, and it was illogical that he should, if it were true, pray her to abanden a life in whose proceeds he shared. This out of the case, where was the motive? Atthe most, without the insanity de- fence, the prosecution were left with acase of manslaughter—killing suddenly in the heat of pas- sion, He could not premeditate, He set out with Lottie intending to meet the deceased in the street. He was an old traveller, Californian and soldier. He carried the pistol habitually. It was not the case of providing a plstol. The prosecution will claim he was drunk. But the housekeeper—the hooded witness—the cobra-de- Capello, with subtle poison’ under her fangs—at al, events declared he was sober, He displayed the cunning and cooiness of the madman such as is in evidence in Oxford’s case, Bellingham’s, M¢Naugh- ton’s and a host of others, Mr. Hall then passed on toreview the attitude of the people, next to a full, detailed and pathetic chronological account of the prisoner. Of all the peoples on the face of the globe the Irish Celts are most attached to their families. After years of Bedouin travelling, or- phaned at an early age, sick throughout the world in hospitals, he seems to have given up the past five years of his life to his family in Ireland, to have journeyed more than ten thousand miles to favor them. The dead girl was one of his daugh- ters in effect. He was a proud and sensitive man; his just the brain for grief and disappointment to slowly mine and sap into for some sudden spark and explosion, Mr. Hall then minutely reviewed the testimony of Lottie, the main witness for the People, and contended it was evidence for the defence to show absence of mal ice as well as insane act. This point of the speech was interspersed with feeling and apt com- ments. Then he passed in review all the testimony of friends and neighbors, showing him an indus- trious, hard-working, sober man; how he changed his disposition; how he crooned and mouse A over his troubles and his niece’s disgrace ana incubated his grief, which increased day Car Pe oa. Constant dropping of water wears the roc! ne dropping of the waters of griefon the brain soon foods it with the mighty and torrent rush of in- Then came wits ik & week's time—frst, his yn, he ceasing of the ley supply’ for hisalaterturecarh to Am ea gt $4 iden news of his sister’s suicide ; flection that he nadind ingri in anid ia ideas toward her; fourth, vhe refusal fee’ to leave her life, bat, on the tetate ier king lower (as he ex- ressed pa vt oui ontering the Cozzens jouse. Lops fe to sink im the sca vor ristae. now she had killed her mk He would make more triais. nt attempts $8 see her, always swith er sister, from pak te ge to the fatal owing and rhe by day. The learned counsel then passed to the special defencé, showing that the jui eoua, not convict even of manslaughter in the The same statute book which provided foro ictae enacted that no ingane act siiould be punished. He would not annoy the jury with learning on psychology or soul science, ‘After all that philoso- phers had written the Bible contained thelr basis im the text, “Love the Lord Ape Me aay heart, one and mind,” Some thor tition. so, Heart represented the emociana mind the intellectaaland soul the moral. ‘Tne defence was fair and frank. It called official experts whom really the District Attorney esi jave called, and moe judgment he ongbt to be beer: Drs, Hallock and Parsons, from the cit State asylums, were sworn officers ol law, paid pee the public treasury, conver- gant every day EP as tee with insanity. They swore the act jomicide was an insane act. They swore on supposttions of evi- dence, Were the suppositions borne out? (Mr. Hall read here the questions put them, sentence by sentence, recalling LF name of the witness who proved each one.) ple call unomcial experts, who made uy there’ minds weeks ago with- out having Lei t of him or antecedents and what his frie him or knowing anything about the redlspesing causes of his insanity. ‘True, they neord ese yesterday, but it was after they had committed themselves, Then, Dr. Neftel was almost an official éxpert—a man of world-re- ies would a” ate: She nowned science, had been employed for years by the oe ep and viaivea asylums all over Europe, of immense skill in treating ne: vous diseases, 4nd @ distinguished writer. The jury should take ihe Sila ts testo The speaker said he dia not ye mry Hammon ex. cept on nis odd i was his book. (He t! of expertisn, because in support of the tttone of th ae & ree the post say the prisoner simulates. But was he simula’ uleting the six months before the deed? What for? Why fo Consideration, if you believe hie triends aud hi the simulation idea. Mr. Townsend's State trials con- tal lebrat 4 anes to show how taining celebrate one, 0" LJ Y. nearly all ho Were insane remained cool and collected, ‘and surrendered themeelves and lorified in the deed. He also commented YY length on the doubt which d to the and closed with the following brililant roration:—And now, gentlemen, his Pate and ie precedent you establish pos- terity by your verdict is in your keep- ing. Twelve times that poor remnant of Heaven’s handiwork, stumbled on his feet and stood uj od ‘te to by ty as are times the Clerk ex- claim “A trae deliverance pre 80 Mel you God ive times his soul jooked into your souls from his soul window, to pe of your #01 suffusing ¢ through your es. See to it you make "auch. true Gehryerance that when hereafter you shall come to aA hand in the cold Taae of the of 0 which the District Attorney would wish son to consign this priso wooo Teproachful look from his soul shall ate souls tO stamp upon OA TWEE BL, oeum, ent corm this time the concourse present listened witl the most rapt attention. was generally con- ceded that it was one of his most brilliant efforts at the bar, and as he sat down he was warmly con- gratulateds SUMMING On the conclusion "ot Mir He Hall's wad address to the sa , Mr. Phelps rose to reply for the prosecution. an With @ most tioauent x0 exoraiuin ue. tory of the peculiarity an sheen ity 0 of the crim: which Bleakley ogous witl that it was unnecessary to ue that what I'Hleate ey committed this crime while Dans mind that he was euty Or murder mares mine first degree. All the circumstances of the case showed it. A pi tion in mathematics never clearer. Mie called attention Se oner’s contradictory he je = = in self-detence. He claimed that is niece Ug he to the bureau, and bellevin; owas about take out a pistel and shoo him, he shot her, Again he said that he shot her on ercount Of the Geath of his sister. whies. be al- ESS’: LALA TTT TT 4 Figo! anity, no doubt au hh 0 defences, he ‘orged, ‘a to the THE BASELESS F, and leave not a wreck beninds, In The only nly reso Ure Inolated re reat earnestness, There was | it at earnes pe hey to bese es thea Dr. pe to New jersey, rm ry poten, there of one uD ‘was sumficient to ts Dwae, uat ecoestra ce Bronounce «nian reer RON ae Tr iv e act ‘was impossible to predicate of any man what he would commission orn a a crime, How were thes” . 2 It was not proved by the act of prove insanity Ffolence belts repea ata There was now, almost within the his voice, @ man awaiting tria! for murder, rw om defence was self-defence, and | fe ae Map inficted thirteen wounds on his ng Agia, the pretext of no motive fell, ee AO ae and, in sup- ort Sue "this ide fom cited, mulmerous exe I's le of nna Weaver oT insisted that motive was sromn that the prisoner went to = niece for money, and because she would not ittohim he wicked and wantonly took her ite, To men who had not delivered themselves over to the bond: of their evil , Chae was no motive sufficient for committing a great crime. Unfortunately it was noteo with all. irl had been the victim of his Druvality, and she fell a vic- tim to his passion and anger, What were the ? There were, he contended, ab- Solutely none. All the slendinneal of alleged in- sanity, viewed in the clear light of cold, dispas- sionate judgment, aisa epncared. He revicwed his alleged incoherence and attempta at suicide, and insiated that there was no more basis for thefurmer allegation than there was for the supposition that Bleakley ever seriously attempted suicide. He dwelt at length By on the bypatheroal question put te the Medical, experts. The 1 the avid he claimed, was wholly unwarranted b; evidence. After showing that the statement of Bleakley was, as he claimed, & most coherent one, he, in conclu- nm, gave an "eloquent summary of the facts, and urged the jury to give to the evidence the closest scrutiny and render their verdict upon the plain facts as submitted to them. He speke over twe hours, and was listened to till the close with the most earnest and undivided attention, JUDGE BRADY'S CHARGE, After Mr. Hail had briefly repied to Mr. Phelps Judge ee Senay gers. his charge to the jury. This was characterized by his wonted clearness and suc- cintness of statement in grouping the leading ete of the opposing Senuncny. and by that strict impartiality that has given kim such proud and eminent distinction as a jurist, His charge was as follows :— GENTLEMEN OF TIE JuRY—It has been suggested that this is a very important case; and so it is, because upon the issue may depend, and probably will depend the ques. tion of life or death. It is one, therefore, you are to ap- Proach without reference to public elamor, citement. public indignation or any desire exhibited by the publictor vengeance. You will consider it, repudin ing cach one of these elements, upon the testlinony, and upon the testimony alone, controled, as youmust be, by such declarations of the law asl may make to you, you ii ublic ex- your positicns, bell bound to receive stich in- structions and . to entirely and exclusively governed by The facts are within your exclusive province; I have nothing ‘to do with them, and I have no ambition to interiere with you. You must find the necessary facts in this case to warrant a conviction ; but niust accept {rom my mouth the rules of law by which your deliberations are to be governed and the results achieved. ‘The prisoner 18 are raigned before you for murder in the first degree, It is necessary in our State, in order to convict of that offence, that two things shonld'concur. First, that there shall be the killing of a human. being, and, ‘second, that killing should be with a premeditated’ design to effect death, In ther words, that there should not only be the killing of a being, but an intention of Killing existing any fore, oF at the time the fatal blow was dealt. The time contemplated by the lav’ may be at the instant of doing the tatal deed. It needs no other deliberation, Hf for example, at’ the ‘moment of pulling ent enters the mind of the person w that 1s a suflicient o pliance wil the statute fo establish the existence of a premeditate design. In this case the shooting is con: d, and death is shown to have been the result. The only tiestion left, therefore, on that branch of the case is, was {t committed Pith a premeditated design to effect the death of Maud Merrill? On the subject ot design the character of the weapon used, the Jocality of the wounds, the number of shots, the motive, ali these are important on that Auce tion, It is an operation of the mind, itis true, but it is, nevertheless, a thing which may be brought to light, exposed and determined by consideration of all the facts and circumstances surrounding & homicide—the conduct othe prisoner and the elements to which 1 have already alluded. You ‘whether, under” the evidence, “satisfied that this crime or it Whether the. prisoner. ts Y other oF lesser degree of crime, murder agree or, man- slaughter in any of the four degrees. I do not know, ‘4s it is claimed on behalf of the prisoner in this case, that it may be in any of the degrees of manslaughter, Mr. Halt addresed the jury upou the theory that all the prosaution could poatoy, claim: was tat i wos manslaughter n.ghe third dexter. Judge Brady—Very well; 1 will confine my attention to manslaughter in the third degree. ‘The diff he- tween murder in the first devrec and manslaughter the third degree is that in the one the intention to k Imust exist, and in the other the killing te without any intention to kill. Bi read uilty of an; lu the secon definition of mai ughter, win” the “third degree and continued.) Now, gm men, I have read to you the defini manslaughter in the ition degree in comnection with the offence of which prisoner stands arraigned. But his guilt of any ¢ omence, even 8 fyoebay m~rder meager pt eater Page oO q which you may arrive upon fence i ineanity. Mtwhatever doubt: may xe upon she de. confusion ap) nt in the reported cases on this sabject the Court of Appeals in a recent case has declared the legal rules. to which defe: of this charactor are to be: ehyected, and the ing eae tees Lag is ping ted hension. | Was he it tthe homicide: Was ie, in other words, at that time favor under such @ defect of reason lisease of ‘as not } ae the motive a1 of the ‘act he fe aid Bot now he rks ti This is pathrmative defence, and Rit be ie ree an i paprmes to be the normal condition i ‘the eee min nm the conteayy. jaasserted in coon pr sinet fopssgased © cl rine fete his duty ‘fo make a] ae bire sawed. iter the mere eresiaabls feapales OCs sane mind, the cmotion of m |, Dut of a de- fective reason from disease of the mind. There isa wide difference between o< uncontrollable or imypul of insane mind and the passion or impulse of a sane one. While the man its ilorey ex cout rg? ‘mer itis intended to Seres $bg repression other. What sygeree. ‘of nity? de: este Frcoenis to evi- dance of excltapility: oF of ditary taint, of causes i" xcitement al which -moved and depres abeelie. ‘une lett e disease of melancholia, All this is claimed to have be by his acts, conduct and declarations, In addition to. this the opluions of the pore entlemen Called ¢ cy “his behalf, Dased on the vr we coed which was read. One of them, his opinion upon ni s examination of oF intervise w with hin. The v jue 80 farasit relates $2. Woes nding MORY, $0 who aid not see Hho Prisoner, depen facts set fat th to be true. Are e proot ersons. ‘whe, knew hin ang a the epee called by Re prosecution, who say, tl Hd all the facts in the question 39 sey do not establish that the | yoga was insat they are consistent with The festitnony otexpe per te 1s yapoable, doubtless, ati mi often happens that th ag ind that they seein to have done so in Which of Pe Puede do ou believe on the wnoleo of the pres in the case? to determine this quert.om the faery, of the prisouer, as told by himself, not only immedi: Hy about the time of the homicide, but the story of h ‘and of the occurrence = the stand fs to be conside: It is Proper, for my ene be coy tbat nie motive both wi fe is intent in Uy wage hi Gait Yrorthy: 3 careful hana dling. Hi He wan impressed, It 0 Glegri in de’ adew or I life, cient fai et anding fa Soest is various Vc trary, to have pay able to pass throug’ them, a the at least, omic cording: success. Letme 8a) Bin pee ey ea ance thet a caine Pe = wil Pars ry nd Isat Tautuan al maby row stances, was the he, prisoner ct iz Lot heh prevented hum from proper! ODF th act ni ace hese as Pee ¥ it aay roma Be must answer = lenatet ter. You must not iit ey in niin thai he was great God Cenainied the execatpner ot So, wack commission. it ‘was not for him away t wi ae have womens to the m "Even whic! Ad. grourscoult, Se Bans “declares af ts fe aid her it prisoner, of have aroused his p fat in all the posed al a fair, fail consideration ol all the ores ind genie Yrlsoner Hy ity oftmurde} uestion eu itted to ye irentited Wied’ Wetman eevee | ner t to 1¢ first or recond You are mon: it met ntact ana the tendon de Arai grey eet eee 2 ich four meatie n inte dperaton and tally ita "he ve vgn ee anak ie just Without var favor. The Jui re wat five ‘ni nave past five o'clock, rau red at five min' 8 pi 5 yore of ripe crowd still Jingered, anxious to know The jury ane ont pray five mse to porated 4 justice Brady re on, Scevrapettion lp Mr. 8 Sparta. te bd Clerk: and District Attorney Phe thetr seats, y rahe for dyoining Foon cat oon seated, for ti arse time sinée ge trial, between bis counsel, pad, lowe, THE VERDICT. The Clerk called The jury roll_ and directed the Vader EA had The usual formal question was put and the foreman answered :—~ “We. find Robert Bleakley not guilty of murder th and, + in the first degree, but guilty of murder in the sec- } count, et sit org Reet to be forgiven, took @ seat, but was erdered to Mr How mond Semel consequence of 1B SENTENCE fry al valle the verdict sete * Spparent that the ory ved the prisoner to be perfectly sane at yf the commission of the awful canker but merciful consideration of. the case a AAS soe of a lesser degree than that charged yee Under th the circum- stances he acer it his duty to impose the high- est penalty, which was imprisonment IN THE STATE PRISON FOR LIFR. Bleakley listened attentively to Judge Brady's remarks, and as he finished bowed his head, and after fervently grasping the hands or his counsel, thanked them with great emotion. He was then conducted from the court room back fo his quar- ters in the Tombs pre) Coat to being sent to the State Prison at Sing BROOKLYN COURTS. SUPREME COURT—SPECIAL TERM. by Judge Pratt. D. Goodrich vs. Findla; ager to dissolve injunction denied on condition that plaintif file yon oy a fale to pay costs, damages, &c., by reason of injunction, 8. Tetans vs, F. Conover.—Items appealed from mxoken from bill of costs, ad ex rel. v8. McManus Police Commission- eres of! ane sees City.—Motion for mandamus de- costs, iy be tiartis’ vs, C..Trainer.—Motion to vacate attachment denied; $10 costs. nll rial Fire Insurance Company vs. D. Mo id.—Motion to strike out counter-claims a@ hivolous ‘anted; Laer denied. No costs, N. R. Collins vs. P. B, Baldwin.—Motion to change venue cone on plainti@® stipuleting to refer and try in New York, if defendant so elect; otherwise denied. E, Sweet, Jr., vs. Northern Pacific Rallroad Com- pany.—Motion toamend parties granted, on pay- ment of $10 costs Be Ra. By Judge Gilbert. ’ nA Lk etna ve. M. KB, Sadier.—Motion denied; costs, F. W. Hotchkiss vs, M. J. Bendall.—Prayer of petitioner granted without prejudice to future application against petitioner. CITY COURT, Suit to Compel an Assignment, Before Judge McCue. John Gannon contracted with Andrew 8. Wheelet to excavate the cellars for some new buildings on Fulton, near Hoyt street, for $2,000, The former was to fill up with the dirt certain lots bee longing to the latter on Degraw street and keep whatever surplus dirt there might be for himself, The stones from the Fulton street excavation were to go to Wheeler. Gannon at the time had a contract with different parties for grading and paving Sackett street, and yester- day Wheeler stated that as Gannon was unable to iuifil either of the contracts he advanced him $2,317. Forthis Wheeler said Gannon promised to assign him the Sackett street contract, but failed todo so, Heuce he brought suit to compel the as- siznment, ‘The defendant denied that he had agreed to @ counter make the em ignment and presented a claim for $800 for extra work on the Fulton street excavation. ‘The case was tried before Judge McCue, without & jury, and the decision of the Court was reserved. The Fulton Bank’s Suit on a Note Before Judge Neilson, The Fulton Bank discounted a promissory note for $1,600 made by H, A. Frink to Wilder & Co., who accepted it and endorsed it without consid- eration, Ninety-one dollars were charged as dis- The note was not pald when it became due, and the Bank yesterday brought sult against Frink and Wilder & Co. for the amount, The defence charged usury. The jory rendered a verdict in favor of plaintiff for the tull amount elaimed, The question as to whether the Fulton Bank, beinga State bank, was relieved by statute from the law touching usury was reserved for the Gen- eral Term, BROOKLYN COURT CALENDAR. Crry CouRT—Nos. 29, ‘35, 66, 102, 103, 104, 106, 107, 110, 11244, 115, 117, 118, 120, th, 122, 124, 126, 127, 128. JEFFERSON MARKET POLICE COURT. The Crusade on the Gambling Houses, In accordance with the recently expressed deter. mination of the police authorities to break up the gambling houses, Captain McCullagh, of the Eighth precinct, assisted by Detective Mallen and others, made a descent upon two of the dens of infamy oc- cupied and patronized by colored men. One of these was at 13 Worth street, Kept by carpe Brown, and the other at No. 7 York street, kept Willam Ryder. Some eight or ten persons, mostiy colored, were found in the premises and arrested. They were all arraigned before Justice Cox, at the Jefferson Market Police Court, Aaopacininth morning, ana the proprietor held to and the others locked up for examination, Burglary. William Brady, of East Thirty-fourth strect, was charged with breaking into the premises of Charies Bunte, 264 Seventh avenue, and stealing a quantity of tobacco, He had two associates, who managed to escape from the officer, who observed them mak- ing their exit from the house and pursued and arrested Him, He was locked up to answer. QOUBT OF APPEALS CALENDAR, N.Y., Tor May 1873, Nos, ALpary, Court of Appeals day calen 12, 15, 76, 84, 8, 89, 90, 92, L'ABBE PERRET. He Thanks the French Government for the Cross of Honor Given Him in Acknowledgment of Services Rendered During the Late War. New Yor, May 9, 1873, To THe EDITOR OF THE HERALD:— Having received from the French govern- ment, through the Count de Flavigny, President of the Society for the Care of the Wounded of the Army and Navy, & bronze cross of honor, as an acknowledgment of my services rendered on the battle-field during the late war between my native country and Germany, I take this opportunity, through the columns of your widespread journal, of rendering my thanks to the French government, knowing full well that your enterprising paper is much read and appreciated in France. I feel that my thanks as an adopted citizen of America will be more appreciated when sent through your admirable columns. The brave and truly patriotic Count de Flavigny and the other gentlemen com- posing the commission of which he is the Presi- dent have rendered to the cause of Christian char- ity @ service the whoie world appreciates, and I, as an humble recipient of their honors, tender them the heartfelt thanks of one ines 8 in his Fgh gee character, left his adoptea coun- try to all. the services in 7 power to his a Keane tated she most needed yo true sons, whether of M: caaseck of the christian ‘ie jest. Aside from the fie honor conferred upon me, I was ind more ists, reading the docu re The test! moniai, inwhten ich ex mines | ie ao jon: ty di the war aud. since ta close, basen sk rance es true to her ‘old charac- te know rver of the remains of een ine snoridcea the eir lives for her welfare, a wellas giving Late al es to those who ied fighting noble work = aon tthe fair if France th: witlte yablots of honor ng that best pads in a slumber her or her slain fot content with dot: this in their own societ; berm in other country, this excellone lands Biscotti over dust of the soldiers of France ete pear one of their death ae hei Christian generostty a a or count de Flav: laborers will be the admiration of Sorians in io fae ture ages, as bn Mt now ~All ng wonder and ae of na- work will o a the choi y easings Wor! sure! own the cho! cout of Heaven i! ae Ruane tie grateful thanks of tne whole Christian world, America will ever be known as the aoe! Toapitane nation, 80 will Francé always be known a9 fis pay Ris ae MIRACULOUS H30ATE, About five o'clock P. M. Wednesday the captain of the schooner Vonstitution, whieh lies aground fo the North River, opposite Haverstraw, had just stepped ashore to take the cars for New York, when he saw a team ef splendid horses run off the pler, containing Mr. Davenport, wife and child. ‘The captain immediately rowed the boat to the acene of the Gisnates; Fan Pd hig A the help of the nd ae th a two sailors, Soe oon : Mm ene hy 's face ce, ora pe, he v ie, ‘Had’ weg a ie onda mouth, te Keer eep Caer rout, it sSttrie nate ge oy idiot that Gould” have been ath re but even A. sentence should be ow a tot gy 7 rady then | were 6a’ who tried, with ‘wondertal or asked the joner if he had aught to say why sen- | reach the it as soon as oY the aor] tence heath heb be ere wee iss Had the captain tab pen bo tag (Ry 'Y SAYS A FEW WORT would most yrianed, ther¢ Bleakiey't thanked the jury for their humane ver- | was not another boat near enough to gave thems