The New York Herald Newspaper, June 19, 1873, Page 5

Sa ME WOMAN WHO DARED. Close of the Trial of Susan B. Anthony. DPINION AND DECISION OF JUDGE RUNT. The Fourteenth Amendment Gives No Right to a Woman to Vote. Sas MOSS ANTHONY'S ACT A VIOLATION OF LAW. Exhaustive Opinion on. the Force and Scope of the Amendments. A VERDICT OF GUILTY. The Champion of Woman's Rights Awaiting Sentence and Martyrdom, Cananpaicua, N. Y., Jun@as, 1873. ‘The court room was again thrunged this morning ‘st the hour of opening by an attentive audience as spectators in the further progress of the trial 01 Miss Anthony. : The District Attorney, Mr. Richard Crowley. referred f the argument of Judge Selden in an earnest and eftec- ve speech, consuming almost two hours in Its ‘Y: resented simply qi M ould therctore be addressed strictly to the Court, leay- ang the Court to give such instructions to the jury upon ts ag he might deem proper. After stating the sitions of the counsel for the deiendant he stated ¢ language ot the fourteenth amendment of the tederal tonstitution, and claimed that neither the persons who trafted, the’ Congress that tramea nor the people who adopted them meant thereby to confer open all citizens the right of franchise ; that to give the article that broad ponstruction would to override or annul the pro- visions of State constitutions and State laws, and conter the right of tranchise upon the insane, the convict and the idiot as well; and that such @ construction would be Bu absurdity. He contended thi ‘THE MIGHT TO VOTR gras not included in the term “privileges and immuni- 3” as used in the constitution of the United Stat which have been enjoyed by the citizen trom the tounda- tion of the government, as participation Jn the adminis- tration ot government, the Fight of property. the right to the enjoyinent of lite and liberty, the right of resort the ‘writ of habeas corpus, and which, may right fo the “elective franchise estal e anche upon women; thatthe right of prescribing and regulat 5 Bie franchise ress and always has rested in Igws and constitutions of the several States, and that fourteenth amendment only, recognized the te le disclaimed any intention of di: ae the policy of |omted-ni | Temales to vote, and said that that question be- longed to another tribunal, aud tor its cstablishment women must poi aie je nslature and not fo the Courts; that 1 amendment to the sonpitution only eclares that no State nor the ‘United States shall abridge the qualification of the cit- zen fo franchise on account of race, color or previous se lone, an that the right of the detendant. as well as of all other State, is only given and countenanced in the State laws and State constitution; that both by the federal and State constitutions the right to vote is only conventional, and neither natura! nor inalienable; that the people of @ Btate have a right to prescril e regula? tions under which that right shall be exerci: nd that THY CONSTITUTION OF TH STATE er, York makes the limitation to male citizens alone, that that right had not been extended by the enact- ment of the fourwenth amendment. Mr. Crowiey referred. to the decision of the United States Court in the cases of byra Bradwell. and in Louisiana slaugiiter house cases, $a which he claimed that the intent aud meaning of the nth, fourteenth and fifteenth amendments were fading and defined adversely detendant case. Upon the westion of intent Mr Crowley contended that it was not in the case, and ‘that the ord: true “knowingly, mneaning of we ,” ag used in the statute, was only that the party charged should know that she wasat the time engaged in the act of voting, and insisted that this re- stricted construction should be applied to thi ; that the deciaration that was made by the defendant on the preliminary examination before the Commissioner, that she was resolved to vote upon the frst opportinicy, established the fact that she knowingly — voted in open violation and “that the maxim that “ignorance of the ‘law no ¢: cuse,” bears with its full force upon the defendan case, and conciuded his argument by saying that it would be a'sad day in the administration of the criminal law when it shall be held by the Courts that a person chargea ‘with the commission of rime shail be allowed to go upon the witness stand and plead that he was ignorant of the W As an excuse for bis offence; that an honest mistake the facts may sometimes excuse, but a mistake of the iaw never. Mr. Crowley was listened to with marked atten- tion, and made a calm but earnest and cogent ar- gument. At the close of Mr. Crowley’s address His Honor Judge Hunt delivered the iollowing opinion and decision :— THE JUDGE'S OPINION, The United States va Susan B. Anttiony.—The defend: ant is indicted under the act of Congress ot 1870 for having voted for representatives in Congress in November, 1872. ng other things, that act makes it un offence for any person to vote without having a right to y i ischarged that the defendaut thus voted, she not havin Be because she isa woman.’ The dete: insists that she has a right to vote; that the provisi ihe law of this State limiting the rignt to vote to persons pithe male sex isin violation of the fourteenth amen ent of the Constitution ol the United States, and is void. The thirteenth, fourteenth and fifteenth laws, amendments were designed maiviy tor the rotection of the newly emancipated negroes; it full effect must nevertheles be given to the language pmployed. The thirtcenth amendment provided that hetther slavery nor involnntary servitude should longer txistin the United States. If honestly received and fairiy epplied this provision would have been enough to guard the rights of the colored race. In some states it ‘Was atiempied to be evaded by enactments cruel and op- pressive in their unture, as that colored persons were forbidden to appear in the towns, except in @ inenial gapacity; that they should reside on and cul- Hvate ‘the soil, without being allowed to own it; that they were not permitted to give testimony in'cases where a white man was a party, they were ex. sluded from performing particular kinds of business, Profitable and unprofitable, and they were denied the Fight of suffrage. To meet’ the difficulties arising from this state of things the fourteenth and fifteenth amend- ments were enacted. The touteenth ameadment created ana defined citizenship of the United States. It has | been contended and has been held by many learned Suthorities, but hus never been judicially decided to the country, that there was NO SUCH THING AS A CITIERN OF THE UNITED STATES except as that condition arose trom citienship of some Btate. No mode existed, it was |, of obtaining & citizenship of the United States except by first becoming Acitizen of some State. ‘This question is now at rest. The fourteenth amendment denned and declared who shall be citizens of the United States, to wit:—All persons born or naturalized in the United States and subject 10 the jurisdiction thereot, The latter qualification was intended to exclude the children ot foreign representatives «nd the like. With this qualification every person born in the United states or naturalized is declared to be a citizen of the United States and of the State wherein he resides. After creating and defining citizenship of the United States the amendment provides that no State shail make or eniorce xuy law which shail abridge the privileges or immunities of the citizen of the United States. this clause is intended to be @ protection, not to all our right but to our rights as citizens of the United States only— that 3s, to rights existing or belonging to that condition or capacity. (The words “or citizen of a State,” used in the -previous paragraph, are carefully omitted here.) In article 4, paragraph 2 of the Constitution of the United States it had been already provided in this language that “the citizen of each State shall be entitled to all the Brivileses and immunities of the citizens in the several tutes. The rights of citizens of the States and ot citizens of the United States are each guarded by these different provisions. RIGHTS SEPARATE AND DISTINCT. That these rights were separate and disunet was held in the slaughter house cases recemtly decided by the United States Supreme Court at Washington. The rights of citizens of the State as such are not under considera- tion mm the fourteenth amendwent. They sta the; did before the adoption of the fourteenth amendmerit ‘and are fully guaranteed by other Provisions. ‘ihe rights 1 citizens of the States Lave been the subject of judicial lecision of more than one occasion —Cantield ve. Cayell, Cc. ; C vs. Maryland, fo watt, 430; “Pani” vs. ‘Virgina, “® Wall tat. There are the fundamental privileges or tminunities belonging of right to the citizens of all free governments; such as the right ot lite and liberty: the rigut to acquire And possess property, to transact business, to procure happiness in his own’ manner, subject to such restr asi ge Necessary tor th eral I. . In Cromwell ys. Nevada, 6 Wallace, 36, is found a statement of some of the rights of a citizen of the United States, viz "To come to the seat of government to as- BY ert any claim he 1 have upon the government, to transact any business he may have with it; to seek its rotection, to share its offices, to engage in administer ita functiotis, He has the right of free access to its se ports through which all operations ot toreign commere: ted: to the sub-treasuries, land offices and Justice in the several States.” Another privi- loge of a citizen of the United states, says Miller in the “slaughter hguse” cases, is to demand the care and pro- tection of the federal governinent om lieife, liberty and property when on the high seus or wi hin the jurisdiction of @ toréign government. The right to assemble and peti- Uon for a redress of grievances, the priveloge ot the writ Of haveas corpus, Ne says, are ed hy the ederal consuuution” The right of vot Faarany federal consultation. , ing or the Ys lege of VOlng isa right or Haass sy arising. Stavee seth rignt bela ats auy particntar pefvoa Its 4 gs to Muy pa 1 Because such person ia entitled. voit fer to te oy lke La, where he offers 10 exercise nol tise: Ipc of the United States, IF the, State Of New ‘ork. wide that no should vote until he had reached age of. thirty-one years, or after he had Feached the age of fifty, or that no person havin; ir, Hot the, possession of a ntitled to vote, I do not see how it be held to be-a violation of lany right derived or iy tion of the United States, Ho lations were unjust, tyrannical, tor the of an Intell te; but it te of a citizen are ted they are of that Jamental cl derived lon as a citiven Gas State; Rot rights belonging to m ase citizen ot the United States und such was decision in Corneld vs... Curtyell the. Unites States ri ts appertain ng to the sub tare these —i irst under article 1 paragraph 2 ot the Cited Rtates con- Savon, Which provides that electors of representa- cr eietene shalt have the qualifications requisite ost, name bre net State Legisiature ; and, second, under the fieenth aidendment, which pi des that the right ot itizen of the United ‘tates to yote shall not be denied or abridged by the United ewles or by any State on account of rave, color or pre: | —— ‘Vious ovnit of servitude. If the Legislature ef the State of Now ork should require a higher quatifieation ina voter for a representative in Congress than is re- auired’ gor 6 voter for @ member of the Assembly this ‘would, 1 conceive, be 2° VIOLATION OF A RIGHT belonging to one ascitizen of the United States. That right is in relation to a tederal subject or in and ¢ be guaranteed by the federal constitution. The inability a State to abridge the right of voting or color or previous condition of servitude is gnara Its violation Would be the denial right~-tbat is, a right belonging to the citizen of the United states. “this right herein virtue of the fifteenth amendinent only. It the fittes amendmenthad contained the word “sex” the argumentof the defence would have been potent. She would have said an atiempt by A State to deny the rightto vote because one is ot @ particular sex 1s expressly prohivited by that amendment. ‘The ai nent, however, does no ‘ tain that word. it is limited to race, color or previous condition of servitnde, The Lesixiatire of the sate of York has seen fit to say that the tranchise of voting 1 be limate he analg sex, In saying this there is, in my judgment, no violation of the letter or spiritor the fourteent ment. ‘This view is assumed in the amend) " «fourteenth amendment, which enacts that it the right to vote for federal offices is denied by any State to any of the male inhabitants of such State, except tor crite, the basis of representa State shail be reduced in a proportion speck. nly «oes this seetion assume that the rigl male inhabitanis to vote was the especial object « protection, but it assumes and adinits the rightot a State, notwithstinding the existence of that clause under which the defendant claims to the contrary, to deny to any of the male inhabitants the right to vote which is allowed to other male inhabitants. The regulation of the suilrage is Couceded-to the State as a State's right. THE. CASE OF MYKA BRADWELL, decided atthe recent term of the Supreme Court of the Unite 8, sustains both the positions above put forth, First, that the rights referred. to in the tour- teenth amendment are those belonging to & person asa citizen of the United States and as a citizen of a State; i, that aright of the character involved here not one connected with theeitizenship of the United Staten Mrs. Bradwell made application to be admitted to practice as an attorney and coun- sellor-at-lai in the Courts of Mlinois. Her application wus denied. and upon appeal to the Supreme Court of the United States it was there held that to give force, under the fourteenth amendment, the claim must be of a right pertaining to, citizenship ot the United States, and that he cluim made by her did not come within that class of cases, Mr. Jusitee Bradley and Mr. Justice Field held that a woman Was Lot enlitled to a license to practice Jaw. It does not appear that the other Judges passed upon that question. The fourteenth amendment gives NO RIGHT TO & WOMAN TO VOTE, and the voting by Miss Anthony was in violation of law. Thane believed she had 4 right to vote. does that relieve her from the penalty? It is argued that the knowledge reterred to in the act referred to relates to her knowiedze of the illegality of the act and not to the act of voting; for it 4 said thatshe must know that sho voted. Two principles apply here—first, ignorance of the law ex- cuses ho one: second, every person ts presumed to under- stand and to intend the necessary effects of his own acts. MISS ANTHONY KNEW THAT SHE WAS 4 WOMAN And that the constitution of this State prohibits her from Voting, She intended (o violate that provision ; iniended fo testit, perhaps, but certain ‘The necessary offeet of her act she is presuined to have intend ignorance of any fact, but all the 1 nown, sne undertook to settle a "principle in her own person. ‘she takes the risk and she ougit not to shrink, trom the con- Sequences. It 1 said that our authorities are cited to sustain the position that there can be no crime uniess there is 2 culpable intent; to render one criminally responsible # vicioug will must be Present. A commits.a trespass on the land of B. and B, inking and belleving that he has a right toshoot an intruder upon his premises, Kills A on the spot. Does B's misapprehension of his rights justity his act? Would a judge, be Justified in charging the jury that if sutistied ‘that B supposed he had a right to shoot A that he was justified, and they should find a verdict of not gulltyt o judge would inake such a charge. To constitute’ criine itis true that there must be 4 criminal intent, but it is equally true that knowledge of the facts of the case 4s always held to supply this intent, _ MEM. FOR CRIMINAL LAWYERS, An intentional killing bears with it evidence of malice in law, and @ desire to promote the wellare of the de- ceased’ by his translation to a better world would be no ustification of the act were it commutted by 4 sane man. Vhoever, without justifiable cause, intentionally kills his neighbor, 1s guiltyof acrime. The principle is the same in the case betore vs, and in all criminal cases. The pre- cise question has been several times decided, viz. -— That, one illegally, voting was bound and was assumed fo, Anew, the | law. | (Hamilton | va. The People, Sith of Barbour. p. €25; State vs. Bozett, 10th of Iredell. p. 826; State vs. Hart, 6th Jones, Lith chap., p. 349; M. Jy State, th Humphrey. p. 94; Ith ‘of iowa I . 04.) No’ system of criminal jurisprudence can be sus- tained upon any other principle. Assuming that Miss Anthony believed she had @ right to vote, that fact con- stitutes "no defence it in truth she had hot the right. She voluntarily gave a vote which was illegal, and thus is subject to the penalty of the law. At the conciusion of the opinion stati Selden re- quested that the case should be submitted to the jor, upon the question of intent and upon the {ol- lowing propositions :— nel 86 =} First—If the defendant, at the time of voting, believed that she had a right to'vote and voted in good taith in that belief, she is not guilty ot the offence charged. Secon¢—In determining the question whether she did or did not believe that she had a right to vote the jury may take into consideration, ax bearing upon that question, the advice which she received from the counsel to whom hat they may also take into consideration, as bearitfg on the saine question, the fact that the mspectors considered the question and came to the conclusion that she had a right to vote. Fourth—That the jury have a right to find a general ver- dict of guilty or not guilty, us they shall believe that she nes or has not commitied the offence described in the ry A VERDICT OF GUILTY RENDERED. The Court declined to submit the case to the jury upon any question whatever, and directed them to render a verdict of guilty against the defendant. dudge Shelden then requested the Clers to poll the jury, which poly) was denied by the Court and a Verdict of guilty was rendercd. THE LAST EFFORT FOR SUSAN. The defendent’s counsel excepted to the decree and action of the Court, and insisted that, upon the construction given to the law by the decision. there had been ae violation of the State law and that the United States Court had no jurisdiction. Sentence has not yet been pronounced. THE INSPECTORS OF ELECTION. peste STS a AE A ble Trial of the Men who Helped Susan to Martyrdom—Tho Jury Directed to Find Them Guilty. CaNaNnDaAIGva, N, Y., Jane 18, 1873, At two o'clock P. M. to-day the case of the United States vs, Jones, Marsh and Hall, the In- spectors of Election who registered the names and received the votes of Miss Anthony and her co- defendants, was piaced on trial. The proof on the part of the prosecution was similar to thatin the case of Miss Anthony. The defence proved the good faith of the parties accused in receiving the votes and rested. The case was argued on the part of the defendants by Mr. Van Voorhis, of Rochester. At the close of his argument the defendants’ counsel asked to be permitted to address the jury in their behalf, which request was refused by the Court. He then asked the Court to charge the dey, that if the jury be- lieved that the defendants acted honestly and ac- cording to their best judgment, and had onl: in judgment, they should be acquitted. Ti Court refused. decision overruling the defence, and stated that instead of ordering @ verdict of guilty, as he did in the case of Miss Anthony, he would submit the case to the jury with the instructions that there was no justification ior the act of the defendants, and that in effect they were all guilty, and stated to the jury that they couid agree in their places or retire for deliberation. The jury chose the latter and re- tired. The Court took a recess of half an hour, at the expiration of which time the jury came in and said that they had not agreed. They were sent out again, with instructions that, unless they agreed within a few minutes, the Court would adjourn till morning. erred the MELANCHOLY SUICIDE, ~~ ee a A Young Man in Bad Health Shoots Himself Through the Heart—Letters to His Friends. BripGerort, Conn., June 18, 1873. A melancholy case of suicide occurred here to- day. About six o’clock this morning Mr. George L. Kunz, about twenty-four years of age, shot him§ self through the heart with a pistol. The awful act was committed while ne was sitting on his bed in his boarding house, kept by Mr. Lyman Merwin. The deceased was formerly a clerk in Malley's store for about a year. He then left and went to Lord & Taylor's, New York; but for the past three months has been in Mr. George E. Beach’s tatlor- ing establishment. He had been desponding for a lung time and mentally depressed on account of that terrible disease, consumpt.on, which had lastened itself upon him. Four letters were jound upon the stand in his room, dated yesterday, and had evidently been written last evening after his return from the store. which place he left about haif-past nine o'clock. Two of them were as follows:— Buipgxronr, June 17, 1873. Mr. Beacn—Please pay to Mrs. Merwih three ‘doliurs and fifty cents out of Wages duc ine to date, and oblige GEORGE L. KUNZ, Brivcxrorr, June 17, 1873. Mr. Bracn—I am sorry to leave you inthis way, but T can’t beip it. world « broken down, pit. To go around t Miserable, incurabie mortal, spi Jess, 1 can’t do aud won't. More misfortune than th aman excepuon. Nature Wrong head to the wrong boly. The third letter was directed to Mrs. Merwin, and stated that he was owing her for half a week bourd, and enclosed the order on Mr. Beach for the ‘The fourth letter was directed to Dr. lark A. Williams, 250 West Eleventh street, New York, and enclosed $2 to pay lor medical attend- ance last Fs Upon this ietter there was written cross one end of the envelope, upon the face side, ‘Please Y agd An inquest was heid and the body removed to New Haven by his relatives, who reside there, ANOTHER PIEND OF THE RAI A Man Arrested for Placing Obstructions om the Erie Railroad. PaTERSON, N. J,, June 18, 1873, Last night a pile of ‘timbers, pieces of iron, &c., were found lying across the westward bound track of the Erie Railway, near Clifton, and were -re- moved fast before the arrival of along expres train westward bound, Sul one Jacob Scoon, of Vassaic, was arrested in rson for placing the obscructions on track and this mormag: was fully identified as the guilty. person and was committed to jail, Scoon .was,put train yesterday alternoon for not payin, He 18 belic the Stat om a ns" fare, 110 be insane and hus been a yeay in Lunde Asyium at freaton, ludge Hunt then announced his | NEW YORK HERALD, THURSDAY, JUNE 19, 1873.—TRIPLE SHEET. “THE COURTS. ee The case of Woodhull, Clatin ard Blood, who are in- dicted in the United States District Court for sending ob- scene publications through the mails, and whose trial wus fixed for yesterday before Judge Blatehford, was postponed, for the second time, till Monday next, in con Sequence of the engagement of the defendants’ counsel in the Sharkey homicide case, now on trial in the Court of General Sessions, Patrick Farrell, charged betore Commissioner Shields With passing counterfeit money, bas been indicted by the Grand Jury in the United States Circuit Court for that offence. A capias has been issued out of the United States Dis- trict Court in the case of the United States vs. Isaac Hays and Martin Siraus to recover the sum ot $8,000, being the amount of a judgment entered against them for under valuation of goods. Capias has been also issued against Isaac Hays and Julius Will to recover a judgment of $4,000 for under valuation. ‘The trial of criminal cases will ne resumed on the 25th instant in the United States Cireuit Court, 27 Chambers street, before Judge Benedict. UNITED STATES CIRCUIT COURT. Criminal Procecdings. Judge Benedict sat in the United States Clreuit Court yesterday and proceeded with’ the disposal of the crim inal business. Indictment for Perjury. Osear T. Wainwright pleaded not guilty to an indict- ment charging him with perjury. The Judge informed the prisoner that he might withdraw this plea at a future time if his counsel so advised him. The Wallkill National Bank—The Case of Ex-Senator Wiliam Graham. Mr. Bliss, United States District Attorney, said Mr. Graham was now present and he would call upon him to plead to the new indictment that had been found against him. The indictment charged the defendant with embezzling funds belonging to the Walikill Nauonal Bank, of which the deiendant had been Prosdent. It was right, however, to say that Mr. Fulierton, counsel tor Mr. Graham, was out of town. udge Benedict observed that the defendant might now enter a plea of not guilty, with leave to enter such other plea as bis counsel might hereatwr adyise him to enter. Mr. Grahain then entered his plea of not guilty. Trials 'To Come Of. Judge Benedict said that he would take up the trials of prisonery in custody on the 25¢h thst. ‘he Court was then adjourned until that day at eleven o'cloe CURT OF OVER AND TERMINER, Alleged Indictments Against Charies A. Dana and Joseph B. Young—The Late Court House Commissioners’ Indict- ment. Among the indictments said to have been tound by the Grand Jury of the Courtof Oyer and Terminer is one against Charles A. Dana, tor libel. Mr. William H. Kimble, who had him indicted in Pennsylvania on the same charge, is said to Le the complainant. It was stated, it will be remembered, in the papers at the time, that Mr. Dana forfeited in the suit in Pennsylvania $6,000 bail rather than stand trial. It would Jook, pro- vided the above rumor be correct, that Mr. Kimble fx not inclined to let the matter drop Here. An indictment is said to have also been found against Joseph B. Youny, a clerk of the Board of Supervisors. The rumor of ind. ments against the Court House Commissioners, as hereto. fore published in the Hxna1t, is verified on ungestioned authority, SUPREME. COURT—CHAMBERS. Decisions, By Judge Ingraham Cameron ieln—Motlon granted Downey vs. Trowley et al. 6 6aMe. Smith vs Ban.—Motion denied. ‘The People ex rel, McGowan, vs. Green.—Memorandum for counsel. Santord et al. vs. White et al.—Motion denied, with leave to renew on payment of $10 costs. SUPERIOR COURT—SPECIL, TERM. Decisions. By Judge Van Vorst. Hazewell vs, Coursen.—Case ana amendment settled, Hy Judge Sedgwick. Driscoll ve. The West, Bradley & Cary Manufacturing Company.—Judgment for plaintiff, COURT OF COMMON PLEAS—SPECIAL TERM. By Judge Robinson. Tennie va The Orean National Bank.—Judgment for defendants, finding with clerk. MARINE COURT—PART 3. What Constitutes a Lien Upon a Chat- tel Left for Repairs. Before Juage Curtis. Bell vs. Gilfoyle.—Piaintiff aileged that bis wagon (then in use by his mother) was left with defendant for repairs; that after the repairs had been completed the vehicle was returned to the custody of plaints brother, but subsequently taken away by defendant, with- permission, and he now claims to hold it by virtue of’ his liem, Defendant — contended in answer that plaintiff was not the owner of the vehicle and that he never surrendered his lien. Judge Curtis charged the jury that before plaintit could recover the possession of the vehicle or its value he must show that the title to the property was in him; that Gefendant was entitled to his en upon the property un- til all his just charges for the repairs of the sume had been satisfied: but that if he surrendered the Hen his act in taking away the property subsequently without the assent ot the owner or his agent, was tortious and iliegal. ‘The jury found tor the defendant. Action to Replevy a Diamond Pin. Hurley vs. Barney.—Plaintiff claims that he borrowed $60 of defendant, with the agreement to pay him $5 for the accommodation; that subsequently he tendered $65 to defendant, who refused to accept the same or to deliver up the property. Hence the suit. Defendant, for answer, contended that the loan wasmade by and the property deposited with the father of the defendant, and conse uently viaintif! had no status; second, that besides the Ro berore mentioned the suin’ oF $75 was loaned to the firm of which the plamtity was a member, with the dis- tinct understanding that the pin should remain on de- posit until that indebiedness was discharged, and this plainui? totally denied. Judge Curtis charged the jury that they must be sati« fied that the title to the property was in the plaintif, and that the ‘was contracted and the deposit made with defendant and no other person; that the burden of proot was on aetendant to show the existence of the new con tract; that any money loaned to a member of plainuf’s firm tor business purposes or otherwise, without the dis- finct understanding ‘with plaintift that the pin was to Femain on deposit as a pI same, could not alfect the issue of the comuoversy. Jury found for plaintiff, and assessed the damages at $100, COURT OF GENERAL SESSIONS, The Houston Street Homicide—Tr of William J. Sharkey for the Alleged Shooting of Robert Dunn—The Twelfth Juror Obtained—The Case To Be Opened This Morning. The trial of William J. Sharkey. charged with shooting Robert Dunn at a liquor saioon in Hudson street, was continued yesterday in the General Sessions betore Re" corder Hackett. About forty gentlemen who were sum- moned on the new panel were examined, but they were all rejected, and the Court was about to adjourn when the Clerk caliea the absentees, and two or three gentle- men who were subpanaed on’ the former panel came in and were examined. David Kempner, a real estate agent, and residing at 102 West Fitticth street, was sworn as the twelfth juror. His Honor stated that he was informed that the open- ing address of the prosecution would be brief, and after renewing the caution to the jury not to permit any per son to speak to them on the subject matter of ihe trial, } the Court adjourned till this morning. In the case of The People vx. Patrick and Charles MeShane the indictment under which they stand charged for trial is assault and battery. COURT CALENDARS—THIS DAY. Sorneme Covrt—Cincurs—Part I—Held by Judge Bar- rett.—Nos. 4575) 2605, 8794, 2947, 557, 659, 1043, 2677, 421, 487, GOL, WiNU3g. ADL, 843, 1083) 1900) 14544, S726, BuBtg' OI! Fart2—Hold by Judge Van Wrunt Nos, Woks wth tus, edgy BOT, 103, ALG, TH, 2682, YH, Bae, 2400, 424, 2610, 76, Tngra- 106, 1 ‘ouR 2h, 43, i 82, 4 Surmuor Counr—Tntat 2159, 2161, 2253, 2007, i , 2191, 361, 187i, 13k. Part 2—Held f (03. 2028, 1288, 1140, 1596, 1s, 619, 62, 202, 206, 1876, 1976, 2044. peCont or Common Pisas—Kutiry Teaw—Held by Judge NO. Court oF CoxMon Pixas—Truat, Temw—Part 1—Held by. Judge J. ¥. Daly.—Nos. 2306, 45, 1494, 14W), 1469, 667, DOL 201s, 1861, 8284, Sos, 1012 1908 Part 2—Held by Judge Drew.—dame ealen Marine Count—Thiat TxR: by Judge Howland.—Nos. 2200, 173], 6 2576, 1518, 420, 1, 1287, 2822, 2138, 1b44, 2740, 1878, 2) a8, ¥084 Pare Hel Togs, “x398, 2438, 2b, 3 i, id by’ Judge Joachitusen.—Nos. 2473, Bia, 361. B41, Sis e Gurtis.—Nos, 2314: 243, Ti4, 307, 1369, 2730, 2030, 2652, by Judge 4, 100, Iva, Term S—Hela by Ju 2380, 2400, 1871, 2118, 2 BROOKLYN COURTS. SUPREME COURT—SPECIAL TERM. ‘The Title to the Lefferts Park Property. Mr. Samuel T. Tate, the owner of a number of lote on the Lefferts Park property, has brought suit to establish his title to the lots, It seems that the Park has been con- veyed to five persons, who claim thatat belongs to them in fee simple absolute, and that they have a nght to build on their lots Doubts jhave been, raised, towey Owners attempt te sald apn the the "property doet Not revert tw the heirs of Rem he original 1. It} Rem. Leffe nd Rowell Graves and ell he grantees at the “Stover But farin” was that Lefferts Park was to main- benemt ot uve grantees or tie balance of Clover TERT att plated ec ag Recaro {ebay Inigo ane heretotore al Wail twemnselves of the HbR pristiene oe cake capenae an small, and so numerous that it would cost all than Could be collected to atiempt to enforce Tn addition to this there is no one authorized of existing who can take charge of or the-lands asa park. This is @ statemens of (he position of ailuirs bow, as. AES r more lection, jedge for the payment of the | Tate claims that the property, being unproducti be ruined uniess the eumbarrassments be removed CITY COUAT—SPECIAL TEAM. Alleged Outrage at the Evergreens tery—The Rights of Lot Owners, Refore Judge Reynolds. Mrs, Helen M. Watton, of Brooklyn, is the owner ot a Jot in the Cemetery of the Evergreens, at East New York, in which are the graves of het husband and ason, On of the inducements which led Mrs. Walton to purchase this lot was the presence of « sturdy old oak tree in it, the vast foliage of which shaded the enclosure from the rays of the Summer sun and was a great adornment to the p A short time since Mrs. Walton visited the and was shocked upon discovering that at oak tree had eut down and and that | noving — the ersoms who did the dieftan ugly two graves. Being le to obtain 6 eding, which she regarded us an outrage hi property, Mrs, Walton er Drought suit against he FY corporation to recover $5,000 damaxes. Counsel for ‘the cemetery people, Mr. Britton, subse- poy hy strike out’ that portion of the —compla: care reterring to the outraged feelings of the plaintif’ at the desecration of the grounds HT. Dailey, counsel for plaintif, strenuously opposed the motion and claimed that the should be considered in the claim for damages for such an act onthe part of the defendants. Judge Reynolds, however, granted the motion to strike out. Tt is understooa that this is but one of a number of snits fo be brought tor similar acts by the cemetery authori- fies. The plaintif in this present case alleged, further, thatthe troe cut down was sold and the proceeds re- tained by the parties who dispored of it. The trial romnises to be a very interesting one, and the result will be important, as determining the righis of lot owners over their owit property. Decisions. By Judge Neilson. —Attachwnent granted to enforce receiver, pihgyBelds vs Miller.— Application to open default de- ed Cohners vs. Griffiths —Leave to answer granted. Pottit vs. Peaslec,—Guardian appout Matter of Gould.—Amessmeut on Sackett street prop- only reduced as per order settled. latter of Seley.—Axsessment on Scholes property re- duced as per order, Imhoff vs. Fiseher.—Indgment for claim as alien. Ludwig v Second German Loan and Trust Com: pany.-—Judgiment vacating mort: Willons vs, Williams. —Judg on the ground of adultery F fay Allmony ‘in arrear to be enforced by at- order ot arrest for $1,009 re- Ke. nent for plaintiff; divorce ta Briggeman vs. Simon.—The fs gun. th duced to $500; the 11 juction in the flve other cases; iM the sixth case the bail Axed at $5,000 reduced (o $2, Weir vs. Hyde.—Motion to set aside detautt granted if detendant give security for plainuf’s claim within five days, else denied with costs. SUPREME COURT CALENDAR. June 18, 1873. June 19 of Burrato, N. Y. The following is the day's calendar fo! General Term, Supreme rt, Nor. 88, 93, 94, 10, 127, 3, 141, 142, 1 and Lig, Fourth Departinent.— 144, 145, 146, 58, 88,, 122, COMMISSION OF APPEALS CALENDAR. Auuany, N. ¥., Jane 18, 1878. ‘The following is the calendar of th pmnussion of, Ap- Deals tor Jane 19.—Nos. 149. 104, 161 16, 1BAa, 2645, 4 107, 160, 142, 143, 102, 113, 113, The Gominission udjourned till to-morrow ‘at 10 A.M, CITY HALL NOTES. The City Hall was the dullest place in New York yesterday. The only thing of interest that took Place in the Mayor’s office was in the bridal way. Acting Mayor Vance tied the nuptial knots for three matrimonially-inclined coupies, among them being a young West indian mulatto, named Dorant, a native of Cuba, anda young lady of correspond- ing complexion, a native o1 this fede J Union, It i# reported that the clergymen intend organiz- ing @ strike against this municipal marriage bureau, on the ground that it is doing the business too ares and is ruining che trade. The Assistant Aldermen tried to get up a mect- ing yesterday, but inasmuch as only three of them got together within five minutes of the announced time, there was no meeting. Five minutes later there were enough of them around to make two quorums, THE CLAIMS OF SENATOR O'BRIEN. Mr. O’Brien Declines to Urge His Claim Before the Present Commissioners—A Deadlock—The Governor To Be Con- salted. A meeting of the commission appointed by the Governor for auditing the claims of Senator James O’Brien was held yesterday in the County Court House, Commissioner Vermilyea in the chair; also Present Commissioners Cadwallader and W. A Booth. Mr. Deering, on behalf of Mr. O'Brien, appeared and stated that on consultation with counsel and with bis client he had determimed not to present the claims before that commission, on the ground that it was not the commission appointed, under the sanction of the Legisiature, by the Governor. He also stated that if they proceeded to audit the claim, being satisfied to go on, they were not cer- tain that the Comptroller would pay the claim if it was decided by the commission to pay it, and it was also feared that a mandamus would fail to en- force the payment. The Comptroller, who was present, in answer to Commissioner Vermilyea said he was present ofictally to answer any inquiry the commission might put to him. He had no suggestion to make im the matter; all that he desired to do was to obey the order of the commission, The Chairman announced that time would be taken for the commission to consult on what course would now be taken, and Mr. Deering would be notified. Mr. Deering said that it would be useless to no- tity him, He had said alt that he intended to say before that commission, He said that with all re- spect, but, believing it was not properly appointed, he should not appear again. This closed the proceedings of the day, and it was understood that the opinion of the Governor and the Attorney General wouid be obtained, COMPTROLLER'3 RECEIPTS, Comptroller Green reports the following amounts paid yesterday into the city treasury, viz. :— BUREAU OF ARREARS. From arrears of taxes, assessments, Croton rent, and interest .. seat os) $8,288 coLuRcr MeN From assesements for street openings and im- provements and interest : 2,833 6,406 Total e ae en sl KESHER SHEL BZAREL Meeting Last Night in Favor of a Fair for Widows and Orphans. A meeting took place last evening at Pythagoras Hall of the society of the Kesher Shel Bzarelto re- ceive the report of the committee of ten appointed at the last meeting to report on the project ofa fair in favor of the widows and orphans of former members ol the society, There was @ full attendance, and much enthusiasm was displayed in favor of the project. ‘The representatives of about thirty-five lodges were present, though it is estimated that some sixty lodges will participate in the fair Oniy two of the many lodges represented were not in favor of the project. Many ladies were present. ‘The report was voliminoux, and was dis cussed section by section with a great deal of verve. There are Dow about four thousand mem- bers of the society now in the city. Mr. Jacob Cohen had the chair, and Leopold Rung, H. Israel and M. Davis were the secretaries. was not detinitely settled where the fair should t place, bat it was decided to be sometime in September, The report, with some slight alterations, was adopted, and the mecting adjourned alter several hours’ discussion. BUN DOWN BY A FERRY BOAT. Alleged ‘The body of the man found in the dock at pier North River, on Sunday last, was yesterday identi+ fed at the Morgue as that of Francis Healy, twenty-one years of age, son of ex-Alderman Healy, of the Fourth ward. On the th instant de- ceased, with many other residents of the Fourth, attended the “Mark Lanigan Coterie,” and in the evening, aiter the returo of the party, Healy, with others, took a small boat, and while rowing im the Kast River, were run down by the steamer Hamilton, of the Fulton ferry line, Healy being arowned, while the others with him were rescued. Coroner Keenan, who has the case ta charge, will investigate the matter. ‘The relatives and friends Of deceased yesterday stated theit ability to prove gTOss carelessness on the part of those in charge of the terryboat at the time of the accident, and anopportunity will be afforded them of proving the truth of their assertions. BROOKLYN BOURBON. Old Kentucky bourbon is still being manu- factured in the Fifth ward, Brooklyn, and were it not for tne interference of the internal revenue collectors, the manufacturers might conduct the business in a profitable manner, As it Is, they are compelied to construct their stills in @ way so that they may be readily detached and moved, which, ofcourse, is attenaed with more or less expense and loss of time. Deputy Collectors Gillen, Phillips and Gibberson thought they had found one in a reat ‘of No. 90 outh street, yi » but when they gail an entrance to the place the still had vanished. They Were really surprised and nnable to decide gs'to Le wpe) it pad fone up ina balloon or sunk down @ earth. There were mash tubs filled with warm mash, he piace where the still had the p! eee Ages, few hours bejore, but it was non en Syotared u the seone, They took possession of the mash tubs and a few other astcies which they found on the premises, 5 THE GILLEN MURDER. The Coroner's Inquest—Verdict of the Juary— The Prisoner Committed to the Tombs, BEARING OF THE MURDERER An Affecting Scene in the Fourteenth Precinct Station House. An inquest in the ease of Ellen Gillen, who was murdered by her husband, Frank Gillen, on Sun- day night, was held inthe Fourteenth precinct station house, in Mulberry street, yesterday morn- ing. The excitement in the vicinity of the station during the hearing was very great—large crowds of people having collected with a view of seeing the prisoner. When he came in sight, in custody of the police, his reception was anything but cor- dial, and suppressed hooting could be heard on all sides, The imner room of the station house was densely crowded with witnesses and friends of the deceased and the prisoner. His mother, a very respectable looking woman, ana his two sisters occupied seats in the room, The father of the murdered girl and her litte brother and sister were also present, The prisoner took a seat beside his counsel, Mr, Abe Hummel, of the firm of Howe & Hummel, who are retained for the defence. He is not by any means an at- tractive-looking individual, and his appearance is not likely to prepossess a jury in his tavor. His forehead is a slanting one, and there is a good deal of the criminal in the lower part of his face. He was respectably dressed ina dark coat and light vest, white shirt and black necktie. seemed to be perfectly unconcerned, aud wore AN AIR OF BRAVADO, Which was not at all in keeping with the occasion, The evidence agaiust him was so clear and concla- sive that the jury were not long in bringing ina | verdict, The father of the girl was much affected in giving his testimony, and much sympathy was felt for him, The evidence given shows that the He | | promised to appear whenever (ue Coroner should murder was one of the most daring and reckless | which has ever been perpetrated im this city. evidence will be found below :— Matthew Geraty, residing at 197 Elm street, testi- fied that he was the father of the deceased; was acquainted with the prisoner; I understood some time ago that he was married to my daughter; the marriage certificate is now in my house; she remained in the house all day on Sunday last, but in the evening she said she would go and take a walk; she took her little sister with her and re- turned about nine; I learned that sbe started out for a walk after that; at about ten I came down stairs and sat on the rail of my stoop; I had not been there long when I heard some noise in the direction of Broome street; 1 then saw persous running, and afterwardaa crowd came towards me; tn afew minutes aiter 1 saw my daughter come along in front of the crowd; I ran towards her, and she said, “FRANK GILLEN HAS STABBED ME, take me up stairs—I am dying,” I assisted her as far as the door and calied for help, her sister and the housekeeper agsis’ed her up stairs; 1 went to the station house and got a doctor and a ciergy- man ; | went back to the house, and when I got there my girl was dying in the housekeeper’s arms; Ellen and Gillen kept company together two years be. fore they were married; ed to their keep- ing compapy, because he was an idle iellow; sie kept coe witn him notwithstanding my ov- Jections; consulted with the clergy, and by Father McGinness’ advice I put her in the House of the Good Shepherd; after she had been there less than a year I took her home on her promising that she would not go with Gillen any more ; spe was not long home before he followed her up, and their intimacy was renewed ; she did not occupy a house with him, but remained home all the time; she was in a millinery store for ‘e at the time of her h. Frederick Christian sworn. Lives at No. 8 Market place ; said that he was coming from Amity street and Broadway, and had come to the corner of Broome street, near Franklinstein Hotel, on Sun- day night; stopped at the corner for 4 moment, thinking it was too early to go home; stood on the corner of Elm and Broome about two minutes, con- versing With a iriend, when we heard acry as ofa woman ; we went to the place where the sound came from, and saw the deceusec standing on the sidewalk; she had her hand on her breast, and she said, “I am stabbed; Frank has stabbed me ;”” she asked me if] knew where she lived, und I said yes; I helped to take her home; I saw somebody runuing away, but did not know who it was; when Icame up to the woman first we were about ten feet away trom her; I saw the man run; don’t knaw who the man was; it was ai enough to_recog- nize a person if yon had a good look at him; I heard @ boy say it was Frank Gillen who had run away. . 1 FOUND A KNIFE near, in the middie of a pile of bricks (knife, a short, white-handled one, produced and recog- nized) ; there was blood upon the knife. Max Erlanger sworn—i reside in the Franken- stein Hotel, Broome street; on Sunday evenin, about ten o’clock, I was talking to a friend on the balcony of the hotel; all at once I heard a scream, but did not take much notice at first; { looked in the direction [rom which the scream came and saw @ man run round a pile of bricks towards Crosby street; | saw the woman afterwards, but did not stir from the balcony of the hotel; I did not know | that the woman was stabbed; the man who ran away had light pants and u dark coat on. Artuur Calm sworn—l am agent for a Sewing Machine Company; live in Frankenstein Hotel; was sitting on the piazza of the hotel on Sunday evening at ten o'clock; while 1 was sitting there I heard a cry several times of ATHER, FATHER, HE IS KILLING ME!” I jooked and saw a woman; there was a man besides her who had a hold of her breast; 1 thought he was @ thief; | saw «man run away afterwards ; I think the woman had a light dress on; about two minutes after 1 saw the lady go past the hotel; there was a little boy with her; she had her hand to her breast; she turned into Elm street. Otticer Mitchell, of the Fourteenth precinct, sworn:—On Sunday evening I was coming Broome street; it was about ten o'clock; at th middie of the block, between Elm and Centre streets, heard the screams of a woman down to- ward Broadway ; [ran down and heard the woman scream again; when J reached Elm street I saw a woman raise hersell up: I saw a nan run away at the same time; he was within a couple of feet of her when I saw him first; I ran out into the middie of the strect and saw that the man was within about sixty Jeet of me; another man came out and joined me in pursuit of the other; the man who ran from the woman had light pauts on; he ran to the southeast corner of Crosby and Broome street, when he kind of stopped, and looked back in the direction from which he came; he then started again and ran into 37 Crosby street; [ saw there was no use in going in, 0 | scat | a boy for two officers who were On post in Broome | street; while waiting tor them to come, I saw the Man come out of the doorway of 37; he went along in @ sneaking way towards Grand street; I fol- lowed him noiselessly, and when he came to Grand street [saw him run as fast as he could to- wards Elm street; I jollowed bim so qutetiy that he never saw me until | had caught him by the collar; when I caught him he went to put his hand in his pocket; I said to him, “if you put your hand in your pocket I will break your haud;” L said to him, ‘What did you strike that woman for ’ sald, “Thatis my wite;” I doubted that he wus telling the trath; 1 said to him, “Even if she was your wife, why did you not wait to go tuto tne house and not create disturbance in the scree on Sunday night’ he said, “If your wile trea! you the Same Way as mine did me in GOING WITH OTHER MEN, you would do the same thing ;” I said again to him, “Why did yoo not wait until you got into the house ¥” he said, ‘Tnat is my business; I took nim towards the station house, and on my way I made inquiries about the woman; 1 heard then for the first time that the woman had been stabbed and that she was dying; when I took him into tie station house he was questioned at the desk; lie was asked why he had stabbed the wo- man, and be said he had his reasons jor doing 80; when he heard she was dead he sald he was not sorry, and would do the same thing over again. captain Clinchy testified that le was in the sta- tion house on Sunday evening when the prisoner ‘Was brought in: he said %0 aah about two months ago he caugut his wife with other men; he said when Ke Scotved her of it she admitted being at a house of ussignation with the man who was seen with her, but that she had no intercourse with him; he asked me then would I not do the same thing under the same circumstances, Dr. Marsh sald that he made a pest-mortem ex- amination of the wounds. There were five wounds, and two of them were sufficient to have caused death. The jury then, after @ few words from Coroner Keenan, retired, and in @ few minates returned with the following verdict :— TRE VERDICT. “We find that Ellen Gillen came to her death by stab wounds, inflicted by Frank Gillen, on Sun- day, June 15, 1874, Ou Broome street, between Crosby and Elin streets, New York.” Ye When the verdict of fhe Jey bad been given, a Bo affect scene occu jet of Gillen ran to wren ae erly, 0 eeping * nd at oe around neck. oe anter a ie, ee eee ne ave you donc fepu! r rudel and sail to her, nm and don’t mak noise, I have done nothing.” ‘The mether knelt down and put her arms around him, but he treated herim the same way, and roughly ortered her to take hérseat. He answered the usnai paastious, said that his age was twenty-three and his tion @ steamfitter. bul hes tbe he | | | | ) The | SUBMOns to appear before the Coroner. e | his connsel, to say anything abont the murder, ‘The handcuff were then put on, and, alter reluce tantly submitting to be kissed by his mother aud sisters, he wastaken and placed in a cell, the biain not wishing to take him down to the ‘ombs until the crowd had dispersed, THE KIRWAN STADBING AFFAIR, ‘Witnesses Before the Coroner—What They Saw and Know—Their Discharge by Coroner Young—Kirwan’s Condition. Captain Williams, of the Twenty-first precinct, yesterday morning brought before Coroner Young, at 40 Kast Houston street, four or five witnesses in the case of Michael Kirwan, the grogshop keeper at 831 East Thirty-second street, wio, en Sonday night, was stabbed at his place by Jonn McManus, as heretofore published in the Hrxatp, Mrs, Elizabeth McManus, wife of the prisoner, took the knife from her husband after the staboing and gave it to Walter Murphy, a young man, who handed it to Mary Mahr, a girl, and she in turn handed it to Cathi Murphy, mother of Walter. While Captain Will | and his officers were searching the premises for the kniie, Mrs. Murphy, with a covered vessel in her hand, brushed past the Captain into the yard and threw the contents of the vessel into the sink. It subsequently occurred to Captain Williams that | Mrs. Murphy took the bloody knife under cover and threw it into the vault, from which it was fisued out, In order to decetve the officers and throw them off the track, another old knife hud been substituted for the bloody one used by McMants, and jays on the pavement where the tragedy oc- enrved, Beiore the Coroner yesterday morning Mrs. Mar- phy and her son, who had attempted to throw away the knife and thus destroy one link in the chaiw of evidence against MeManus, stoutly asserted that they did not know the consequences of their act, nd said tiv ad no intention of deleating the ends of justice, although many then in the conré room seemed not to believe what they said. Mrs, McManus, a decent looking woman, said her husband had often beaten ber, and did not provide very well for lus family. She begged to be released thut she might return tome to her young child, and want her, She was accordingly discharged wita this understanding, As there seemed to be more guilt attached to Mrs. Murphy and her son ¢ to the others, inas- much as they made a deliberate attempt to destroy evidence o| McManus’ gulit, Coroner Young thought of consigning them to the House of Detention as Witnesses; but she pleaded for liberty, and both herself and son solemnly pledged themselves that y Would not move, but would promptly obey any All the witnesses were therefore reveased from custody, but will be kept under the surveillance of Captain Willams. Should they attempt to escape, he will rearrest and lock them up in the Tombs, KIRWAN’S CONDITION. ‘The wounded man rested comparatively casy on ‘Tuesday night, but the surgeon i charge seems to bave Jittle or no hope of his recovery. FIRE IN WEST STREET. pete to The Loss Estimated at $75,000. A fire broke out yesterday afternoon in the two story brick building in the rear of Nos. 377 ana 3879 West street, that caused a damage to the surround- ing property of about seventy-five thousand dol- lars, The first floor of the structure in which the flames started was used by Francls A, Nott as @ planing mill, and the second was occupied vy McGrath & Nott as a moulding mull, The building belonged to Nott, whose loss is estimated at $10,000; insured for $3,000, The flve extended to the two story brick building adjoining, belonging to the Hagerty estate, and occupied by W. F. Corey, ‘ollector and steamship agent. Loss $500; not insured. From here the flames burst into the premises of J. S. McLean & Co., lam- ber merehants, and swept along the front of West street from No. 371 to 376, doing a damage to the property of tnis firm estimated at $17,500; insured for $18,050, No, 382 West street was next wrapped in the close embrace of the ames. The place was used as a potash factory by the firm of Walsh, Holmes & Clarke. Loss $25,000; insured for $20,000. Nos, 137 and 139 Barrow street, a one story corrugated iron shed, occupied by Biake & Mahoney as an old iron de pot, was entirely destroyed by the fire. ‘The loss of the firm is estimated at $20,000; insured for $4,009, Shortly after the fire broke out Fire Marshal Sheldon arrived at the spot and at once instituted inquiries as to the ortzin of the disaster. | He found that the flames broke out of the room where the furnace was located, in the premises of Nott, and they were started by a draught from @ window, in the rear of the furnace, opened by one ofthe men for the purpose of cooling the room a little, ‘The flames from this furnace caught up some shavings, and so rapid was their action on the building and timber piled up outside thata team of horses, which were being loaded in the rear, were consumed before the man in charge could get them out of the way. This man, Rovert Neilly, of No. 242 West Tenth street, seri- ous imperilied his ewn life in endeavoring to get ont the horses. He escaped from his dangerous situation, but was severely burned about the body. The police of the Twenty-elghth precinct conveyed him to the station house, where he was attended ta by a physician and then removed to his home. The daring and bravery of the firemen while the flames rayed were mos! praiseworthy, Every man worked as ifthe putting out the conflagration depended upon his individual exertions, Captain Speight, of the police boat Seneca, saw the smoke from the burning buildings ashe rounded the Battery, and at once steamed to the scene. Two immense streams ol water were paared upon the flames from the boat, and ina short time put them under contro}. The steamer Fuller, of the Fire Department, also got to the vicinity of the fire, but did not go into action. At the first alarm the police of the Twen- ty-cighth precinct turned out under Captain Wash- bourne; the second brought the reserve trom the Eignth, and the third those of the Fourteenth and Fifteenth precincts. Great dissatisfaction was manifested by the property owners in the neigh- borhood and the insurance people interested in the fire at the action of the Fire Commis- sioners in stoppine the ringing of the bells. Numbers. of people declared — the department was slow in arriving at the spot, and that some of the engines were shorthanded. Com- joner Perley got the larger part of the blame his matter, as it is understood the silence of the pelis is mainly due to him. The police are strong in opposition to the new idea, and say it seriously intericres with their value in preserving the gg a of the people while great fires are raging. It is to be hoped the question willbe taken into consideration by the Fire Department, and the arguments on both sides, for and against, seriously weighed. ‘As a pleasing incident of the occasion, it may be Stated that, while the fire was in progress, the commander of the Brazilian cervette, now lying off the Jersey City ferry, at the foot of Cortlandt street, sent several boats’ crews, with @ large de- | tachment of officers and the ship's fire engines, to render whatever assistance might oe required. ‘The act was as graceful as it was prompt. The officers and men of the neighboring line of French steamers also proffered aid, but the Fire Depart- ment was quite equal to the Occasion, and the geu- erous tender was declined. THE SONS OF TEMPERANCE. —— The Twenty-ninth Annual Session of the National Division. The twenty-ninth annual convention of the Na tional Division of Sons of ‘Temperance was cpnvened yesterday at Robinson's Hall, 18 East Sixteenth street, twenty-four out of the thirty-foor grand jurisdictions being represented by delegates. The session was formally opened by 0. D. Wétmore, Most Worthy Patriarch, who delivered the annual addvess to the Convention. fe referred to the namerous evidences of good work accomplished by the Order, and reported @ renewed Interest in the temperance canse throughout the West, ‘The report of Samuel W. Hodges, M. W, S., was next presented, and contained a detailed account of the condition of the order in all the States of the Union and in the British provinces, The wiole number of members belonging to. the Sons of Tem- perance was announced as $2,729, against 92,341, showing an actual loss of 9,612 members during the ear, ‘the largest decrease has Leen in Kentucky, ft shed and Iowa? Thirty new candidates were ens daa AT THE ACADEMY OF. , ‘The reception tendered by the New York division to the Convention, at the Academy of Masic last even- ing, was @ very agreeable amair. The hou a8 i i the speeches were listened to with great atte! J. N, Sterns, a8 chairman of the Recep- tion Committee, presided. THe address of weicome ‘was delivered by Charles FE. Gildersell, and was keaponded to by 0. R. Wetmore, M. W. P., of St hn, N. rome Hutchinson Family then sang ‘One Thousand Years.” The Rey. Theodore L. Ouyler wae next introduced, bape | the Boh of the fraternity, and spoke at co! rable length. Professor Ly- man, of New York, thenreoited au ode of welcome. Lee were also made by Rev. A. N, Benedict, o G Leama sees Eaward varswell, of Ontario, THE SOUTH CAROLINA TRAGEDY, Avevata, Ga, June 18, 1873, In the account of the Edgefeid (S. C.) Bomicide sent up yesterday it was stated that Gfover sent for the Goumiliions to meet him at a store'in ti villa ‘This = oh ag ita dia not ion the uidicull 1 Gournilly i Is HOW states hanted ub Glover, with-tne resit reported yester: ed. bY aavice of | day, et