The New York Herald Newspaper, July 4, 1873, Page 6

6 _——— ™m nis hand, THE COURTS. [Rite rita cateam porns THE SHARKEY-DUNN HOMICIDE. A New Trin) Refased by Recorder Hackett and Sharkey Sentenced To Be Hanged on the 15th of August. _—_+——— Criminal Business in the United States Circuit Court. Reduction of Bail Refused—Prisoners Sentenced and Pleas Accepted. IN THE OTHER COURTS. Recorder Hackett yesterday denied the motion for a new trial of Sharkey. His reasons for deny- ang the motion are embodied in a lengthy and able epinion, which will be found in full in to-day’s law columns. He sentenced Sharkey to be hanged on the 16th of next August. Sharkey assumed to take the matter in a sort of joke, for he smiled on hear- img his doom pronounced, but it was a sort of ghastly smile after all. His counsel notified the Court that he should move for a stay of proceed- ings, 80 that it is not unlikely that the present case ‘will be another added to the long list of those com- img under the catalogue of ‘the law’s delays.” ‘The United States Circuit Court, Judge Benedict presiding, after passing several sentences yester- day, adjourned wil the 16th instant. All the Conrts adjourned over to-day in order to participate in the festivities of ‘the day we cele- ‘brate.” John Nolan, keeper of a sailors’ boarding house fm Cherry street, was yesterday charged before Commissioner Davenport with a violation of the new Shipping law, by boarding the brigantine ‘Oceo in the lower bay without the leave of the master, He was held in $3,000 bail fer examina- tion. In the United States Cireuit Court yesterday Simon Donan and Christopher Flood were each sentenced by Judge Benedict to three years’ im- prisonment in Kings County Penitentiary anda ine of $1,000 each for having conspired to defraud the government out of the tax on a quantity of ‘whiskey manufactured at the Spring Valley Dis- tiliery, Rockland coanty. The prisoners had been Tecently convicted for this offence. Wiliam Simpson was charged, a few days ago, ‘defore Commissioner Osborn, with sending obscene matter through the mails. On that occasion the defendant, through his counsel, watved an exami- mation. Yesterday Mr. Brooke, who had just been engaged in the case, appeared before the Commis- @ioner and demanded an examination, which wus ‘at once granted, and a day was fixed for the same. THE SHARKEY-DUNN HOMICIDE. ‘The Motion for a New Trial Denied— Recorder Hackett’s Reasons for Deny- ing the Metion—Sharkey Sentenced To Be Executed on the 15th of August— Application To Be Made for a Stay of Proceedings. Alter repeated delays since the conviction of William J. Sharkey for the murder of Robert Dunn the proceedings in the General Sessions yes- terday finally terminated the jurisdiction of this Court over the case. The court room was crowded, as.it was expected the Recorder would render his decision upon the motion for a new triai— ‘an expectation that was not disappointed. In con- sequence of the absence, however, of Mr. Charles ‘W. Brooke, tle prisoner’s counsel, some delay ov- curred; but at length Mr. Brooke arrived and Sharkey was placed at the bar. He marched trom the prisoner’s box in the rear of the court room attended by his three brothers, all gentlemanly Jooking young men. He evinced no emotion, and seemed, indeed, the most unconcerned person in the room. Recorder Hackett then read the follow- ing carefully prepared opinion embodying his de- cision in the case, which, it will be seen, was in accordance with the general anticipation—a deaial of the motion for a new trial. Owing to the interest attaching to the case and the elaborate and exhaustive explanation of the rules oflaw govern- ing the case, we give the opinion in full, RECORDER HACKETT’S OPINION. The Court.of Appeals ruled in the Langan case (30 N. Y., 39) that J erred in substantially demying on my minutes a motion ior a new trial without hearing argument, | have therefore avoided any ble error in this behalf by consideriug fully the views of counsel on this motion. Upon the futle page of the volume of United states Circuit Court Reports, by the Hon. John F. Dillon (a most eminent jurist), appears the foliowing motto, cred- ited to Lord Chancellor Brougham :—*With an en- lightened Bar and an intelligent people the imere authority of the Bench will cease to have any Weight at all 1/ it be unaccompanied with argu- ment and explanation.” Following this excelient motto I file the foliowing reasons jor denying the motion for a new trial, both on alleged irregularity and merits. My first impressions were in javor of reiusing to consider the afidavits of the jurors upon alleged irregularity. However, for pru- dence toward the people and justice to the prisoner I have read them. They do not, however, purport to show irregularity, but only to explain why three jurors joined in the verbal recommenda- tion to mercy. ‘This recommendation was not and cannot be inade a legal part of the verdict. The Jatter can only be “guilty or not guilty” (1. Bishop Cr. Prac., Sec. 824). This author.adds (sec, 830) : pt has been rendered or recorded it is conclusive, and it cannot be retracted by one or all of the jurors. Neither can a juror be afterwards heard to object that he did not consent to the ver- oct thus rendered.” Even had the juror presented affidavits explanatory of the technical verdict of guilty | am of opinion it would become the duty of & Judge not to award weight to them. “Such prac- “Bice,” said the great Mansfield, “would open each juror to great temptation, and would unsettle every verdict in Which there ould be jound upon the jury @ man ‘Who could be induced Ww throw discredit on their common deliberations.” ‘Ihe New York cases of People ex rel John Hosmer vs. Columbia County Court of Common Pieas (1 Wendell, 29), of and in Cornell (1 Parker, c. c., 256), follow the same rea- sonng and decision. ‘The rst o1 these cases was elaborately argued by Ambrose L, Jordan and Elisha Williams, and the latter by the late District | Attorney Biuat and the late Horace F. Clark, with | whom was Henry L. Clinton, Esq. In the argu- ments and decisions the hearing was extiaustive. I | may here remark that I canuot conceive where the érror could be in declining to hear from the jurors Teagons in behalf of the recommendation. [f ir is Bot correct practice to allow them to explain their verdict it certainly cannot be error to refuse to hear their reasons for reporting to the Gourt pri- ‘vate requests of a humane but not legal character. | ‘To the same effeci, Peo s. Wilson (8 Abb., 137, Bo much ior alieged irregularity. Now AS RESPECTS MERITS, | ‘The Court of Appeals have decided that this Court may set aside a verdict on the merite. But the | question, therefore, is considered by the light of | this paragraph in 1 Bishop, on Criminal Procedure, | nec. 849:—"'It le HOt easy to see how a Judge, hav- | Ang it legally in his power to set aside a verdict, | ean sentence a defeudant to imprisonment or to | death, when, for any reason which presemts itsell | judicially to his understanding, his judgment re- Juses to concur with the jury in the conclusion of guilt.” In Sharkey’s case my reviewing judgment | concurs With the jury. Ihave reread ail the teetl- mony, ali the requests of the counsel and my charge, in the spirit with which, under the statute Of 1855, botn the Supreme Court and the Court of Appeals must necesserily review hereaiter upon Shis statute, The head note of People ve. Jeremiau | o’Brien, 46 N. Y., 276, reads:—‘Chap. 387 of the Lawes of 1855 ‘was passed for the | advantage of the accused, that a new trial might | ‘be awarded, wuen | SUBSTANTIAL JUSTICE | required it, even though the record diselosed no error.” itis said there was error in taking away srom the jury the question, “Did Sharkey k#l Dunu etal” ‘True, | remarked that the kidiug was ad- | whittled by the counsel, as the stenographer’ notes how, and the admission is net against a constitu. | tional right. (Recancerniy The prisoner's «dis- Unguvhed counsel puts upon his brief that “in | Ielunics tue Lrisoner has NO power to admit apy- thing.” Jain not furnished with any case in sup- | tee of this proposition, and all the elementary Oks abd decisions go the other way. The rules | of evidence and the practice im civil and criminal Gases coucerning admissions are the same. The charge to the jury shows th ntence :—"‘If you Qand that the Robert Dunn named in the indictment we dead, and died in consequence of @ pistol shot wred by the hand of the prisoner, then your ip q@uiries will be, “Ie he amenabie to legal pupils! ment, and if 80, what ie the legal character of his act of killing,’” Ac. Again, “Ii you entertain any doubt as to the killing you should acquit.’ Thus the question Of the killing was technically left to the ie » Yet, apart from the admissions of counsel, SestimpbyY 18 UNCOMtradicted that Snarkey | should not be pronounced against that Saarxer Saastes when he surrendered him- sell that he sbot Dunn. The remaining assi ment of errors are, firet, strong and us comments and expressions of opimion; second, erroneous insti ting reasonable doubt; thi erroneous instructions Uw! tn meaning of words “premeditated de: 3? fourth, erroneous instructions about intoxication, During the trial and summing up conficts regard- ing the evidence arose between respective counsel. Perhaps the interested and interesting eloquence ol the distinguished counsel colored the tes! y. ‘The views regarding intent to kill and death per infortuntum were to some extent novel. I, there- fore, deemed it my duty to depart from my usual course o1 not commenting on the facts or sifting THE MANNER OF THE HOMICIDE, by accident or design, and its by acta declarations m. ‘whether surroundin; were suci as to Court in a civilized community some remark: have sat in this Court many years, but never be- fore listened to details of a more cowardly assassi- nation, accompanied with lang that would have disgraced Sodom and Gomorrah. Under all these circumstances I could not become an auto- maton nor appear judicially, indifferent. col mend the Judge,” observes Lord Hobart (Brown's Maxims, 61), “who seems fine and ingenious, go it tend to right and equity,” may be quoted in an- swer te remarks of counsel in the argument. There ‘Was no authoritative direction upon the evidence, such a8 was disapproved of in Mitchell vs. Har- mony, 13 Howard, U.S. R.; simply expressions of opinion and comment. ‘fhe Supreme Court, in Lansing vs. Russell, after learned argaments by John Van Buren and Samuel podbean Ad and con, said (13 Bar., 521) :—"On the issues the Judge com- mented at large opon the evidence, and submitted it to the jury without con- apy trolling direction.” It 18 well settled that an exception cannot be taken toa mere commen- tary on the evidence. The jury listens to the re- marks of the Court upon the testimony with the deference due to learning and experience, but with @ perfect understanding that they must decide upon matters of fact according to their own con- victions, To the like effect will be found Jackson vs. Temmerman, 12 Wend., 301; Gardner vs. Pick- ett, 19 Wend,, 187; McKee’ vs. People, 36N. Y., p. 118, The charge shows several intimations to the jury that they were the sole arbiters of THE EVIDENCE AND THE FACTS; but this additional sentence may be quoted, ‘‘What- ever I may have occasion to say to you with reier- ence to testimony, although intending to state it fairly and impartially, yet if misstated or oniy par- tially stated by me, must be corrected by you ac- col te your impressions.’’ It is concluded that there was ckror in using these ore ert cannot very Well see how you can whol uit, yet you, have the physical right to do so.”” wn it else could @ Judge say upon the factr The defence was that the prisoner brandished a loaded piswol, acci. dentally discharged it and kilied Dunn. In Most favorable aspect to the prisoner this act would necessarily become manslaughter in the fourth, degree for which a Judge might fine a cent and discharge, ee compelled to view it as an act of negligence. Itis contended that the Court should not have allowed the jury’s recollections of testimony to control, but that the stenographer’s notes are the official and peremptory guide. I cannot subscribe to such a novel invasion of THE RIGHT OF TRIAL BY JURY. It is contended that the Court erred in illustrat- peal bs the pistol that was put in evidence, and subjected to the inspection and manipulation of the jury and commeating upon its use sonar ng, to the evidence, and seaeclaNy, in the remark, “Wit his hand necessarily on the trigger.” It is only necessary in answer to this to say the evidence tended to show the prisoner called attention of de- ceased to the fact of the pistol being on 1ull cock, and exclaimed it was a hair aisger and then bramdisned it, with his manner of holding it also fairly in testimony. Inviting attention of the jury to these circumstances was directing their notice to the class of facts around which closed the circle of design and accident. The remarks of the Court of Appeals in Mulligan’s case clearly apply to the prisoner’s acts. It is averred the Court erred in commenting upon THE PRISONER'S DECLARATIONS, The remark, “Ido not think a man who would use such lan; is almost unfit to live,” is especially characterized as objectionable. Certainly this re- mark did not prejudice the accnsed, inasmuch as the jury, by unanimously recommending him to mercy, that he might peradventure escape capital punishment, emphatically disagreed with the Court. The Court charged every requisite of the delence upon premeditated design, and followed the language of the Court of Appeais on People vs. Clark, 7 =N. Y., 894, which, since 1852, has never been varied a8 authority, although assailed by the concentrated ingenuity and logic of the great Bar of New York. The decision mnade twenty years since conforms to the recently uttered fentence of the | same Court in the Foster case; (50 N. Y., 610) :—“It is | to be remembered that the law of murder is de- | signed for the protection of life from lawless vio- | lence.” Said the Court, in Clark’s case (which | Overruled the Sullivan case, in 1 Parker, quoted by | the defence) :—“If there be sufficient deliberation vo form a design to take life and to put that desiga | into execution by destroying life, there is snficient deliberation to constitute murder.’ No matter whether the design be formed at the instant of striking the fatal blow, or whether it be contem- plated for months. It is enough that the intention precedes the act although that jollows in- Stantly, The law bas no favor to extend either to the rapid or slow execution of such 8 design. Such a rule is absolutely necessary, especially as the common law and existing English law of malice implied from the unlawful act has disappeared trom our State jurisprudence. The thoughts of some men move as rapidly as light, In a mean wave of the latter | there are 600,000,000,000 of successive vivrations in a second. This shows how rapid may be a succession without that absolute simultaneou: which is implied in the great thougat and a the universe, ‘Let there be light, and there was light.” Had the Courts been allowed to speculate about the degree of time necessary to form inten- tion to kill, then QUICK-WITTED MAN SLAYERS might have enjoyed immunity. The law simply Says the act of killing in murder must follow the premeditated design. How rapidly it may follow the jury must determine from the circumstances. A most careiul reperusal of the notes of evidence and most conscientious reflection upon the whole case only serves to strengthen my original views, that, with murder in the second degree and manslaughter in the two higher degrees withdrawn from the consideration of the jury by the request of the prisoner’s coun- sel, no intelligent jury could have arrived at any other conclusion than that this ae t ofan unarmed man by one who had pecuniary diMcul- ties with the victim, and who heid the latter at A MOST UNMANLY DISADVANTAGE of situation, and who did not kill his body, he had soiled not only the victim’s soul with most horrible blasphemies and indecent threats, but his own also, was intentional and with express malice. In short, to quote from a comment of the Court of Appeals, in the O’Brien case, before quoted (p. 277), “the facts stand clearly and indisputably proved. ‘They present a case of unjustifiable homicide, | Most atrocious aud revolting. It was without | shadow of excuse or circumstance of patitation. | The act was evidently fully designed, was premedi- | tated and was deliberately carried into effect in a manner exhibing the most brutal and heartless depravity.” In therefore characterizing crime se- | verely, | have only followed the proper precedent. ‘The Clerk of this Court will enter the order of this | for a new triai. | ASKING POSTPONEMENT OF SENTENCE, | As soon as the Recorder had finished reading his opinion Mr. Brooke asked tor further delay be- fore seutence should be passed in order to make a motion in arrest of judgment. Recorder Hackett said he should decline to post- pone the sentence, Mr. Brooke then stated his reasons for an arrest of judgment, that the trial of the prisoner without authority of law, being upon a statute euperceded and repealed by a subsequent act of the Legislature; that no judgment of this Court can be passed upon the prisoner, because there is no act in existence of the Legislature of this State upon which the indictment ander which he was tried could be based, and that the juagment of the Court was without authority of Jaw. The motion was denied and an exception noted, PASSING SENTENOS. The Clerk aaked the fend dll jndgment m. Sharkey said, “I protest against the judgment and the verdict.” He spoke with the most utter unconcern imaginable. The Recorder sentenced him to be hanged on the 16th of August next. Sharkey smiled, but it was a sort of ghastly smile, an hearing the sentence. The death warrant was then read and after this he was handed over to the Sherif, who conveyed him to the Tombs. Mr. Brooke gave netice that he would apply for a writ of error and a stay of proceedings. BUSINESS IN THE OTHER COURTS. UNITED STATES CIRCUIT COURT. Judge Benedict sat yesterday at the wanal hour | and proceeded with the disebarge of criminal busi- ness, Charge of Sending an Obseene Article Through the Mails, The jury empanelied to try Joseph Kendall, of No. 7 Great Jones street, for sending an indecent article through the mails, were discharged without being able to agree \o@ verdict, When the jury went ont they stood six for conviction and six for acquittal, and at the moment of their discharge there were eight for @ verdict of guilty and four Jor not guilty. Mr. MeUlelland, counsel for Kendall, moved to reduce the hail, which had been fixed at $3,000 by the Commissioners. It would, said counsel. be utterly intpossibie ior the defendant to Ond more than hali that amount of bail. The Judge sa%d that in cases of this kind he would not consens to fixing the bail at a lower figure than $3,000, The motion must be denied. SENTENUING PRISONERS. The District Attorney Moved for sentence upon Neuman and Deviin. Court denying the motion in behalf of the prisoner | Mr. B. F. Russell said tiat Mr. Waite, connsel for — the prisoners, Was poayoitably abacat, and pad | cises, ' NEW YORK HERALD, FRIDAY, JULY 4, 1873. Tequested him to ask for # postponement of the sentence, ‘The motion was granted. Simon Donau, who had been convicted for con- spiring to deiraud the government out of the tax on @ quantity of whiskey manufactured at Spring Valley distillery, Rockiand county, was called up for seutence. Judge said to the prisoner that ‘was an intelligent man; that he had gone deliber- ately into a scheme of frand, and that, for the sake of iraud, he had deeply involved others. The fraud had nt disaster upon the prisoner and logs to the government. The sentence of the Court was that the prisoner be confined for three years in the Kings County Penitentiary and fined $1,000. Christopher Flood, convicted of the same offence, was next brought up tor sentence. Tue Court told him that he had filled the position: of a public Officer, bound to protect the interests of the gov- ernment in whose employment he had served; but he had yielded to temptation and been cor- rupted. He yielded to this fraud and engaged in it, Semtence—Three years’ imprisonment in Kings County Penitentiary and a fine of $1,000, George F. Dunning Pleads Guilty on the First Count of the Indictment. George F. Dunning, who had been indicted for embezzling money from the Sub-Treasury of the United States, came forward and entered a plea of guilty to the frat count of the indictment, which charges him with having presented a false or forged paper to the Sub-Treasury. The deiendant stands out on bail to the 16th inst.. 1n order to enable him to settle up the affairs of the Stuyvesant Bank, of which he is acting receiver, The District Attorney States that this was the reason assigned in open court the other day by defendant's counsel why the case should go over to the day specified. The Court then adjourned to the 16th Inst. SUPREME COURT—CHAMBERS. Decisions. By Judge Daniels. Veazil vs. Veazil.—Report of referee confirmed and judgment of divorce grated. Bradhurst vs. Zulick.—Motion to vacate stay of Proceedings granted and motion to set aside hear- meee judgment denied, with $10 costs. ipston vs. English.—Order to hold defendant tu bal) reduced to the amount of $3,500. SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Monell. Cunningham vs. White and Another.—Order <dis- posing of demurrer to portions of answer, Pomeroy and Another vs. Napier.—Order can- celling notice OUmenaene? of action, Ehlers va, Ebters.—Decree of divorce in favor of Plaintiff. Simonson vs. Simonson.—Motion to set aside order of reference denied, plaintiff may have leave to serve a reply and to open the case to let in evi- dence on her part, Purdy vs. Purdy.—Report of referee confirmed. Parties may move for final disposition of fund in Path a jands, pursuant to the judgment in the actions, Chambock and wife vs, Cagney.—Motion to ascer- tain certain allegations in the complaint granted. The Rector, &c., of the Church of the Redeemer vs, Crawford.—Motion to set execution against the parson denied, with costs. COURT OF COMMON PLEAS—SPECIAL TEAM. Decisions. Judge Larremore. Thompson vs. Thompson.—See memoradum. Platt vs. Platt. Dobson vs. Dobson. Walton vs. Walton. Report of referee confirmed and divorce granted. Schneider vs. Hatch.—See memorandum. JEFFERSON MARKET POLICE COUST. Victimized by a “Roper-In.” Charles Barron, who resides at 39 Stanton street, received a visit on Wednesday last from David Sullivan. In course of the conversation which fol- lowed the latter represented that he was “in” with the dealer of the game at 702 Broadway, ana succeeded in inducing Barron to pawn his watch to obtain money to play, assuring bim that he was certain to win. They entered the place mentioned together, where the money obtained from the pawnbroker, amounting to $29, Was soon lost at the fascinating game known as rouge-et-noir. Bar- Fon, perere. that he had been victimized, pro- cured the arrest of Sullivan, and subsequently made compiaint against the house, which was ulled on Wednesday evening, under a warrant rom Justice Cox. fe made his es- cape. Sullivan was held in the sum of $500 to answer. THE NATIONAL GAME, A Sharp Contest on the Union Grounds Yesterday Afternoon. ‘The Mutual and Washington Clubs played on the Union Grounds yesterday afternoon one of the finest six-inning games of the season, the ‘cooling drip of rain,” for which everybody and everything was panting, preventing the playing of nine innings. Both the runs made by the Mutuals were earned, their batting and fielding being both safe and brilliant. In the third inning Hicks was strack with the ball, causing his retirement, Higham tak- ing his place behind the bat, Nelson going to sec- ond base and Martin donning his uniform and taking up position in the right field. The change did not seem to cripple the **Mutes’’ to any extent, for they held their adversaries down to the one run they had obtained in the third inning. Hat- fieid and Higham carried off the fielding honors for the New Yorkers, while Donnelly and Warren did the finest work for the visitors, ‘the followiug is the score :— WASHINGTON. Players, RelB. P.A.E. _ Players. RAB. PLA. E. Glenn, Ist b.... 0 1 8 0 2 Eggler, c. vorod Hines, l. 010 0 Higham, 2db..1 1 8 2 2 Donnelly, 0 0 4 0 Hatfield, 3¢b..0 01 2 0 ‘Thoma: 0201 o17Too Snyder, 0101 vo0210 Holly, ¢. 0130 00310 Belasski, r. 0310 ws, Liov4o Stearns, p. 0 0 0 0 Gedney, Lh. 0 1107 Warren. 34... 0 0 2 2 0 Holdswirthss0 0 110 Totals... 11810 4 Totals........ 2418 3 INNINGS. Clubs, Ist. Washington. Mutual. Runs e: Umpire ai Time of game—One hour and twenty minutes. First bases by errors—Washington, 1; Mutual, 2 Total base hits—Washington, 1; Mutual, 7. Base Bull Notes, One of the chief attractions of “the day we cele- brate” will be the game on the Union Grounds, between the Mutual and Atlantic clubs, A vast deal of friendly rivalry exists between them, and | as they have not met on the turfed fleld thus far this season a great degree of interest ts .elt m this particular game. Mr. Cammeyer has arranged for the receipt of telegraphic accounts of each innin, of the Baltimore White Stocking game in Balti more, the boston Kesolute game at the “Hub,” and the Athletic Washington game in Philadelphia, These will be posted in a conspicuous position, 80 that while witnessing the Atlantic's and Mutual's play al! can know at once how things are going out of town. Poois will be sold on the grounds on all of these games. “YACHTING NOTES, ‘The following yachts passed Whitestone yester- day Yacht Idler, N. Y. Y. C., Mr. Colgate, from New York, for Oyster Bay. Yacht Peerless, A. Y. €., {fom New York, for Oyster Pa Yaent Fleur de Lis, N. Y. Y. C., Mr. Dickerson, from New York, for Whitestone. The Fleur de Lis carried away ber foretopmust of hiker’s Isiand, in @ squall, yesterday afteruoou. Steam yacht America, Mr. Smith, from New York, for Newport. Yacht Mystic, A. Y. C., Mr. Creamer, from New York, for Oyster Bay. Yacht Aiarm, . C., Rear Commodore Kings land, irom New York, for Sag Harbor. Yacht Triton, N. Y. Y. C., Mr. Thayer, trom New York, Jor Oyster Bay. EXPLOSION OF SEWER GAS, Patrick Hamilton, o! 340 West Eleventh street, and Hugh Creighton, of 244 Mott street, were in- jured yesterday afternoon by an explosion of gas from a sewer they were examining opposite New street, The aecident was caused by a lighted lamp in the hands of Hamilton. Both were re- moved to the Park Hospital. TRINITY OOLLEGE COMMENCEMENT. HARTFORD, Conn., July 5, 1873. ‘The Commencement exercises of Trinity College took place to-day. The foliowing honorary degrees were con- ferred:—Doctor of Divinity, Rev. Da’ B. Roick- ervocker, of Minneapolis, Minn.; Doctor of Laws, Rev. Wilyam C. Mead, of Norwalk, Conn. ; Draper, Pxofessor of Chemistry in New York Un versity: Dector of Music, Nathan Bouton, of Troy, N.Y. The wegree of A. #. Was conferred upon @ graduating chases of about twenty. L. W. Riehard- son, of Geneva N. Y., graduated cum honore in all the classics, Eatglish and scientific departments, and 1s optimus, The alumni dinner occurs this afternoon. COLORED SCHOOL RECEPTION, The closing of the tetm yesterday of the colored grammar school in Mulberry stcveet was selected by the principals, Mr. Peterson and Mrs. Ferris, a8 & fitting opportunity to give the pupils a little enjoy- ment. ice cream, cake and other delicacies In a@bundance were provided and tne ctildren spent several happy hours in dancing and mysical exer- Bradley, of New York, to. Mis M. OE. | Dwyre; the Rev, J, MoGahan gold medal, Miss Sarah Agnew: the M. R. Kenny gold medal to Miss Jniia O'Rourke; the Christian ST. AGNES? ACADEMY. Distribution of Prizes to the Young La- dies—A Musical Matinee—T wenty-nine Young Ladies Crowned with Wreaths of Honor in the Presence of the Arch- bishop. The closing exercises of St. Agnes’ Academy were given in the lecture hall of the institution yesterday afternoon. Notwithstanding the heat the hall was crowdea, the major part of the audi- ence being ladies, The temperature was delight- ful, and the exercises,on that account, all the more enjoyable, The young ladies of the Academy were elegantly dressed, and rendered the pro- gramme made out for them in a manner that re- flected credit on their tutors and themselves. Among the audience was HisGrace the Archbishop, surrounded by the fathers of St. Lawrence’s church and other eminent clergy. Many of the influential citizens of the ward whose children attend the Academy were also present, The ex- ercises contained in the appended programme began at hali-past three, ih Pi THE PROGRAMME. 3 «Professor A. J. Di ‘omie "tia te fetal hour? “Wd W. V. Wallace exp. ormers—Misses Gusick, &. Mestri, M. Flynn, 8. Martin Hirdsall, K. Doyle. La Meviiante, Operctia «Ch, Bosselet PRESONAGKS, La Mendiante M. T, Flynn Son enfant. 3 Ada Geraty | Emma..... ; 8. Marcinot Louise. trois sours iL Beringer Antoinette K. Meastri Martha de Flotow........ ged by 'H. Alberti Pertormers—M. Dwyer, M. rophy, G. Stat: ford. Chorus. “Happy Dreams of Home” W. V. Wallace PREMIUMS IN CURISTIAN DOCTRINE, READING, WRITING, OR- THOGRAIHY, GRAMMAR, ANALYSIS, RHURTORIC, LOGIC. Choru Paaae de fete”....... Concone ‘The Fairy's Gift, Operetta... |. W. Stratton CHARACTERS. urphi L il, ae! a. ‘OConne s, M, Gulvin,’ Ada Geraty,’M, Mo» Padden. Village Children—J. McCabe, M, jueen of Fairies. tlendant Fairie . Me D lany, M. Steari ware, E. Bolger, R. hundly, K. Ditton, Ida Geraty, J. Flynn, H. Geraty, M. Dutly, Birdsall, 8 Mat t. Landiady. : oJ. 8h Widow. Grand Poionaise Brilliante. Pr Kue Performers—M. Dwyer, F. Horan, rophy, A, She han, M. Cusick, E: Fogerty, A. O'Connor, 8. Mai tinot. Bong, "Pie Meoting of the Waters”... Arranged by Balfe | Sheehan. G. Stafford, A. Torrance, M. Cusick, M. Horan, M. Guneha: Concerto. . Composed or . y by Auguste Cockel | Miss Mary C. Dwyer and Professor A. J. Davis, EPILOGUE, ear Solem W Teme, Application, Nature, Religion, ratitude. HL. Geraty, 8. Martinot, J. O'Conuor, I. Shandly, J. elany. ‘Farewell, Farewell.” Chora: March-... :.-Professor A. J. Davis THR GOLD MEDALS, The first gold medal was won by Miss Mary C. Dwyer, for attention to studies and ceportment, ‘The second was awarded to Miss Mary J. Stafford, for application and general proficiency, Twenty- nine of Le younees students of the institution were crowned in recognition of their good deport- ment, attendance and success in study. GRAMMAR SCHOOL NO. 53. ch tae tgp Reception at the School Yesterday Afternoon. The reception of the Male Department of Ward School No. 53 took place inthe school, Seventy- ninth street, near Taird avenue, yesterday after- noon. Mr. White, the principal, conducted the exercises, which were very enjoyanle, and elicited from the audience rounds of applause, All the trustees were present and signified their appre- fee by writing a complimentary minute on the 00) THE PROGRAMME, The following is the prograimm the Bible. enon, rote Cavs of the Night et, “I 8 Ol e J ei aanters Jose h Muldoot Chorus, “Die Nachtigall,” Spohr, Dialogue, *)ne Week An Editor ern. asters John Abell, Isaac Davega, Henry Fisher, ‘August Gebhard, Charles Heimann, “Adolphus Kann, Henry Margoliner, Daniel Smith. Chorus, “Let thé Dead and the Beautiful Rest,” Martin. School Solo, “Lay y lecping: Master Alired Fairbrother Recitation, “Prisoner for Debt”? Master Edward P. Spillane Piano Duet.....Prof, A. J. Dayis, Miss Hannah C, strouse ‘lo, “Children’s Te Deum”. Recitation, “Die Theilung der Erde” Master Bernhard Gorman Serenade, Sweet Be Thy Slumber” (Wundermann).. Masters Victor Opper and Vincent Johnson Dialogue, “The Thiet ot Time” Masiors Isaac avega, Joseph Goodhorn, Vietor Opper, Charles Bhainwald, Joseph Tiers, Sigmund Shain wald. ‘Listen ! ‘Tis the Woodbird’s Song”’......... Glover sters Eddie Fairbrother and Joseph Maidoon. Par Excellence..........s.+5 cee Lingard Master Robert Vollin: Recitation, “Young America Dissected Master Irrederick Cooper Presentation of diplomas to graduates. Valedictory...... By Master Osear Maynicke Bolo, “Parting Song” ‘Master Alfred Fairbrother Closing Hymn... +-s8¢hool The tollowing are the grad 3:—Oscar May- nicke, John J. Curley, Edward 0, Twiss, Jono Abell, Anthony Boen, Adolphus Kohn, kdward P. Spillane, John MeNight, Henry Margoliner, Mathew D. Daly, Alison Biccu, Benjamin Schwartz Kopf, Henry Fisher, Natvan K. Gamble, Daniel Smith, Charles Heimnan and Elijah Malloy. Chorus and +-School ST. MARYS ACADEMY, NEWARK. pecan Tinh The Catholic Institute Crowded with Youth, Innocence, Intelligence and Beauty. The annual Commencement of St. Mary’s Academy, Newark, another noted seat of primary education for young ladies iu New Jersey, took place yesterday afternoon at the Catholic Insti- tute there, in presence of a large assemblage of well bred, well dressed people of both sexes and of more creeds than the Roman Catholic Church, whose Sisters of Charity are in charge of the academy, the Mother Superior being Sister Genevieve. Despite the almost suffocating heat the hall up stairs and down was crowded, ‘the pupils, numbering about one hundred and twenty, neatly dressed in white, and ranging in years from six to fifteen, filled the prepared stage, and, with an impromptu grotto composed of trees and shrubbery encircling a statue of St. Mary, formed an exceedingly cheer- ing and beautiful picture. Shortly alter two o'clock the following PROGRAMME was commenced, and carried out so as to elicit the very highest encominms on the pretty pupils anc their ever anxious and watchful teachers :— PART FIRS Sans Souel (twelve hands) Seb Vb oes h sseevee A Misses Kavanagh, Dwyer, O'Connor, Mullin, M: new. Hymn—Ave Sanetissima.~ You scher jeVay, -Battersly Kavanagh. A. Peck, Peck, O'Connell; CORONATION. Chorus—"We Come from Fairy Bowers”........Gloyer Solo—"Fly Away Birding’. ‘ set | Miss M. Kavanagh. Visit to Fairy Land—Misses Dwyer, Rutherford, O'Gor- man, L. Dann, Nugent, Leary and forty litle girls. Welve hands). 0.0.0... .cceeeg. Ascher iis, MeVay, Flynn. A. Peck, McGrane. DISTRIAUTION OF PRIZES. PART SECOND. Militaire Polka (twelve hands). Misses Gargan, Kelly, MeNail Lightheart's Chor Dwyer, O'Connell, Hnd- | ner, Morrisse . MeCrane, Agnew, ' Ellis, M. Brady, O'Rourke, Ratigan and Barrett. Chorus, “es Zingareiles’ . ‘Wayside Sh mons po | Funtaisic, (eientoen tet | Misses Kavana, Mullin, Quinian, Kenny, Agnew, 8. ek and O'Connor, DNPERRING HONORS. * Misses McKeon and L. Brady Chorus, “Gone in tier Youth’.........[m Memoriam 1872 The performances on the piano were really clever throughout, and in several instances almost brilliant. The most ambitious and probably the cleverest was the fantasia from “Martha,” sus- tained by nine giM, three to each of three pianos. Miss Kavanagh's rendition of Abvs lovely “Fly Away Birding.” was very clever and disclosed the tact that the little fairy is possessed of not only a aweet voice but rare taste and confidence for one 80 young. In the literary line little Miss Dunn, a twelve-year-oid demoiselle, astonished everybody by rattling off, with spirit, a long and nicely worded address, ‘The Wayside Shrine,’ an address to the Virgin in the grotto. On the stage were also the Misses McKeon and Brady, who were very inter- esting and won warm approbation. Professor Hat- tersiy presided ot the piano. Very Rev. Father Doane, V. G., presided in the absence of the Bishop. He was presented with two beautilul bouquets. Rev. Father Reilly oMiciated at THE DISTRI IN OF PRIZE: which were as follows:—The “Mater Admirabilis,”’ P. V. Flynn gold medal to Miss Kate O'Conneli; St. George cold medal, gift of Very Rev, Father Doane, V. G., to Mise y A. Brady; the gold medal of Our Lady ef the Sacred Heart, the gift of Senator 98 Address... trine medal, Miss Annie Peck. silver medais were awarded to Sarah McTay aud Rosa G. Readney, A number of other handsome premiums were also awar to other deserving scholars. The services lasted till nearly five o'clock, Although the audtence must have fallen off a good many pounds avoirdupome weight, Cats | to the literahy mejting atmosphere, not a person budged till the close. go ipteresting were tle exercises. COLOMBIA. The Steamship Virgtnius in Port at As- Pinwall_A Spanish Man.of-War on the Alert—-What’s in the Wind!— American Scientific Progress—Political Agitation — Commercial Enterprise — ‘What General Quesada Says. PANAMA, June 2%, 1873. ‘The steamer Virginius, of blockade-running fame, has egain “turned up” in Aspinwall harbor for the purpose, it is said, of getting some repairs done. She has lately been dodging into and out of the creeks and unfrequented harbors along the Colom- bian coast, and now comes back to vex our State authorities and cause them to turn to the records of her former visit @ year ago, and take down again the dusty volumes of international law and definitions of neutrality. Another curious thing connected with her pre- sent visit is that Spanish man-of-war dropped into the same harbor on the 2ist, and, still later, on the same day, the United States steamer Kansas also made her appearance and came in. ‘The appearance of the Virgimius has of course caused considerable talk in Aspinwall, and the questions to be solved are :—Will the Spanish man- of-war interfere with the Virginius, and in that case will the Kansas convoy her out to sea, as she did last year? The State authoritics here have not yet been called on in any Way, 80 far as known, to inter/ere in the matter. The Spanish ship is the Bazan, Commender Autran, It 18 understeod that the Kansas will remain until the repairs of the Virginius are finished, COMMERCIAL ENTERPRISR. The Pacific Steam Navigation Company are about to place two new steamsiips—the Colombia aud the Valdiria, of 2,000 tons each and 500 horse power—on their intermediate line between here and Callao, touching at Payta, Guayqui!l and other intermediate ports, They willleave Callao on the 12th of each month, to arrive at Panama on the 24th; sailing again on the 27th, to arrive at Callao on the 7th of the succeeding month, POLITICAL AGITATION TENDING TO REVOLUTION. There has been a good deal of disturbance and revolutionary effort in several of the States of the interior, ail evidently connected with the question | Who shall be the next President of the United States of Colombia. Besides the revolutionary drama we have just passed through in Panama there has been great | political excitement in the State of Tolima, {o- mented by intrigues in Cundinamarca, parties from the latter State having entered the territory ol the other for electioneering purposes and resort- ing to violence. The general government is to send a national force te keep the two States within the line the constitution lays down insuch cases. In a proclamation by President Murillo to the peo- le he states Lhat he can see no justifiable causes in any of the States ior having a recourse to arms, but thinks such disturbances are generally due to want of respect lor law and love for revolutionary excitements, These State disturbances are not execgiea, however, to lead to any general conflict in the Republic. GEOGRAPHY AGAINST CONSULAR RIGHT. A curious question has come up in connection with the Hon. J. Thoringtou, lately appointed United States Consul to Aspinwall, On appiying to Bogota for the usual exequatur, it was refused on the ground that the government of Colombia reeog- nied no such place as Aspinwall, only that of olon. Mr. Fish, Secretary of State at Washington, it seems, replied to this that the United states of America had been in the habit for years of appoint- ing Consuls to Aspinwall without any objection having been made until now, and, as he saw no good reason for the change, Mr. Thorington has been hamed Commercial Agent at Aspinwall, with 1ull pay and powers of a Consul, requiring no exequatur, he Hon. W. L. Scruggs, United States Minister to Colombia, and General J. C. Caldwell, United States Consul to Valparaiso, ‘e at present in Panama. ‘The former will proceed to Bogata, by the steamer from Aspinwall, on the 26th, and the latter to the souch per the steamship Trujillo. CHINESE IMMIGRANTS. The Pacific Mail steamship Montana, just ar- rived here from San Francisco, brought some forty-seven Chinamen, who will go Soutu in the Trujillo, to be employed in Callao by the Pacitic Steam Navigation Compauy on board of their storeships in that harbor, PANAMA TRANQUIL. Panama at present is quiet and is likely to re- main so for some tume. The jury whose duty it is to examine the voting for President of the Union and Representatives to Congress will meet on the Astof next month. The weatner is very rainy, but the sanitary condition of the city remains good. SCIENTIFIC PROGRESS. Commander Lull and the officers of the Nicara- gua Canal Survey came from Greytown in the Kan- sas, and will take passage for New York in the Ocean Queen, The Kansas, before leaving for New York, will return to Greytown to look alter their steam jaunch. The Question of Cuba—Naval Movements at Aspinwall. [Aspinwall (June 22) ea of Panama is At half-past six o’clock this evening there arrived in our port a Spanish gunboat, which to all ap- pearances 18 @ very fastsailer. Rumor has it she came for the purpose of capturing the Virginius, the supposed Cuban biockade runner, now lying at anchor alongside the United Staves gunboat Kan- sas, a splendid looking war vessel, commanded by very competent officers and manned by a jolly set of tars, Interview With General Quesada. RerorTeR—General Quesada, I suppose you are aware that @ Spanish war vessei has arrived in our waters? General QuEsapa—I am very glad of it. I wish instead of one they had sent four, for the Virginius can outsail every war vessel Spain has control of. Rx&PoRTER~—Do you believe Spain will ever again control the whole island of Cuba ? General QuESADA—Never! at least while life ebbs and flows in the veins of 500 Cuban patriots. Spain has ruled our isiand over four hundred years. Our people during that long interval were deprived ofthe means of obtaining knowledge, our riches were sent to Europe to fatten our tyrants, and at the beginning of the war it required, on the part of the jeaders, very great exertioms 80 as to cen- vince the natives oi the justice of our cause, Hap- pily we have succeeded in convincing our brothers, and ere long we shall be able to convince our tyrants that a people fighting for country and Iree- jom cannot be conquered. Rerorkrek—General, during your struggle have you received material aid trom ‘the United States + Genera! QUESaDA—Not the least—though our country lay at the door of the United States, and the cry of anguish sent forth by owr peopie has found an echo in the breast of every American woman and child, ReErORTER—Who is to blame for the indifference of the United States Government ? General QUESADA.—The whole blame rests with the cabinet of General Grant, who, in this instance. has not interpreted faithiully the wishes of the great American people, Rerorter—General, when will port? General QursADA—As soon as I can get ready. At this scage of our interview, several gentlemen having calied on Gencral Quesada for the purpose of knowing his opinion with reference to the arri- val of the Spanish Don, your reporter shook han With the gallant veteran, who will soon add one more laurel to :he crown of glory which @ grateful nation has bestowed on the daring patriot. you leave our THE MYSTERIOUS DEATH OF WILLIAN NATHAN FLEIG. - Coroner’s Investigation—Discharge the Juvenile Prisoners. The case of William Nathan Fleig, @ lad seven years of age, late of 755 Eighth avenue, whose dead body was found buried beneath a mass of earth ina cellar in Eighth avenue, near Forty-seventh strect, under somewhat suspicious circumstances, was yesterday investigated belore Coroner Kessier. of Among the other witnesses examined were Joseph Snider and William Guthrie, ‘eo respec- tively pine and ten years, who had been arrested on suspicion of knowing that the Fieig boy was drowned in the North River. The boys denied under oath to knowin anything whatever concerning the deat! of the boy, but said that ines, confessed the boy was drowned becaused Mr. Fleig, the boy's father, said they were guilty, and threatened to xend them to the Isiand till they were twenty-one years old, It appeared in evidence that @ mass Of earth above where the body was found had caved in the night deceased disappeared from home. Mr. Henry Fileig, father of deceased, dented threaten- ing to have the boys sent to the Island if they did not say his son was drowned, Captain Killilea, of the Tweuty-second preci deposed that after the joys were arrested Mr. Pleig, very much ex- | cited, threatened the boys and spoke of sending them to the Isiand, alter which the boy Snider said he saw the boy Fleig on a spring-board down by the river, and then he fell imto the water; he SAW the boy floating. The hoy Guthrie corroborated the statements of Snider, These statements, the boys insisted, were made under the fears that ale | would execute the threat he had made to send them to the Island, Deputy Coroner Leo made an external examination on the body of deceased and expressed the belief that death was caused by suffocation. The jury in their verdict found tha.she deceased came te his death either by the falling of an embankment located on Eighth avenue, near Forty-seventh street, or by some other cause to them unknown. The boys Guthrie and Snyder were then discharged, and leit for home with their friends, There was no testimony to justify their arrest and detention on bell for a week Or More, As Was the case, PERU. Guerilla Politicians in Armed Association for Plunder and Revolt. Public Support of Law and Order—Citizen Pun ishment of the Criminal Uprising—Hot Pursuit and a Sharp Battle—Ameri- can Diplomacy and the United States Envoy—General Prog- ress of the Republic. Lowa, June 13, 1873. In default of more attractive matter our atten tion here has been diverted during the past fort: night by the attempts and manceuvres of a band of desperate robbers, or montoneros, as they are technically called, 9nd their final and decisive overthrow by the forces sent in their pursuit by the government. DEMOMALIZED POLITICIANS AS PUBLIC PLUNDERERS. This company of ruians was composed of some of the army officers whe linked their fortunes with the self-proclaimed Dictator Gutierrez in July last, and who, eseaping irom his ranks when that daring chieftain met with his death fate, have since been lost “to fortune and fame unknown.” Far better would it have been for them to have quietly accepted the situation, since the result of their recent elfort by no means covers them with glery. Colonel Vincente Escobar, the head and front of this offending band, collected around him in Lima trom twenty to thirty of the most desperate of the class of men referred to, and, being supplied with arms and ammunition, together with @ small store of meney, by certain parties openly inimical to the present peaceful order Of things, proceeded to & large estate some twenty miles from Lima, where he procured, by ferce or persuasion, the necessary means of transportation for his command, and then boldly !aunched forth for the highly important Gspaunent of Junin, with the avowed object of raising the standard of revolt, M. Pardo, so sig- nally successful in Sappreaiine the recent raidera of ta—a description of which achievement was duly forwarded to the HERALD—lost no time im: deg) troops alter these new marauders, THE PURSUING FOROR, This body consisted of fifty hussars, under the leadership of Colonel La Terre; filty mounted rifie- men and fiity men detailed frem one of the gens- d@arme battalions of Lima. Speedily did ficse troops find the trail of their qi but Escobar had the advantage. At every town ugh whica he passed he levied contributions of money, and. ressed into his service all the availabie mules and orses of the surprised imbabitants; consequently, when La Torre reacied these places with bis de- tachment, mounted on weary and exhausted ant- mals, he found the market empty. The pursuit was hastened, however, as mu as bie. Escobar proclaimed loudly to the people that his object was to redress their wrongs, but at the same time curionsly proceeded to raise enemies at every step, not oniy irom his exactions, but from. the abhorrence with which the citizens of this now progressing Repuvlic view these insane enter- prises, IN CONTACT WITH THE LOYALISTS, Arriving at Huancayo, the insurgents—if high- waymen may be honored with such @ name—en- countered the Sub-Preiect, with ten men, but after @ midnight contest the Preiect was obliged to fall back. ‘The montuneros were at ‘first teariul of pur- 80) their advantage, but, urged on by hunger, finally took the town. Here they had expected to: find many who would join tneir cause. Fancy their chagrin and mortification when the good burghers emphatically pronounced their supreme disapproval of the expedition, and resolutely shut themselves up in their houses, awaiting the now rapid approach of the pursuing soldiery. Dis- heartened and discomfited, Escobar took his de- arture from his hoped-for haven of rest. His fol. jowers, how convinced of the deception which had been practiced upon them, finding no friends, but all enemies, openly expressed mutinous sentiments, and the only means o! salety was in IMMEDIATE FLIGHT. The mountains, with their gorges and fastnesses, offered an alluring retreat, and thither the bandita- repaired, robbing and despoiling on every side. But no pleasant surprise was in store tor them. Aportion oi the troops, by taking a new rout were in their front, and the hurrying steeds o: ‘Torre’s hussars were close on their re AT BAY. Despair lent them courage, and a resolute stand: was taken ina detile, irom whence apparently they could not be dislodged, Just then it was dis- covered that they were completely hemmed in; the rifles of the sharpshooters and the sabres ol the cavalry circied them with an fron ring. Still they fought with desperation, and after an hour’s combat the government iorces were entirely vic. torious, hoiding Escovar and ten of nis men as’ prisoners, three killed and the rest escaping up the mountains. LOYALIST JUBILATION, The perfect and decisive overthrow of this new movement, which attempted to assume a political character, 18 hailed with satisfaction by ail parties. After such examples it is not probable that we shall be soon troubied again by these raiders, The very fact tnat in their long journey of 200 miles the party commanded by Escobar were unable to procure one single recruit is the most convincing proof that may be adduced of the change that Peru has experienced since those days when it wag considered a sure toad to wealth to follow the — now the plough is by lara more popular article, AMERICAN DIPLOMACY AND THE POSITION OF AMERI- CANS. The United States sbip-of-war Omaha, Captain Fepriger, lett Caiiao for Panama about the first of the month to join the other ships of the South Pa- cific squadron at that port. This gives rise to@ ew question, and one essentially important to Americans here. The present position of Amer- icans in Peru is extraordinary. Our Minister, Mr. Francis Thomas, has departed on a pleasure trip, ostensibly ior San Francis<o, leaving the Legation in obi of his private secretary, who holds no diplomatic rights or privileges whatsoever before the Peruvian government, and We are nere without @ representative until His Excellency’s return. It has always been the established custom of the United States government to instruct it representatives or ministers abroad to dele- gate their iunctions to the next highest omcial in the case of their temporary absence. Mr. Thomas ignored the existence of Colonel Wiiliamson, the American Consul at C: and now the second American official in Peru, from the fact that ‘the Secretaryships of Legation in Peru and Chile were virtually abolished by Con- gress in June last, and instead of calling tie Con- sui to hold the oftice he vacated pro tempore instals an individual whois not eficially recognized by the Peruvian government; and in case oO! a necessity jor diplomatic interference ‘the important and nu- merous American colony in Peru is left without protection, The leeling of the Americans here against this singuiar proceeding is marked, and more particularly irom the fact that it 18 currenthy believed that Mr. Thomas, having some personal: grievance against Colonel Williamson, thought proper to so lower his subordinate in the view of, the Peruvian public. AMERICAN GOLD AT A PREMIUM. Money matters ure very tight in Peru. American: gold commands thirteen per cent premium. The peace of the country depends upon the success of the loanin England. STKAMSHL? TRADE AND COMMERCE. The French Transatlantic steamers are to be withdrawn from this coast, the Pacific Steam Nav- igation Company having agreed to perform their Service at a cheay er rate. FUNERAL OF GENERAL W. H SIDELL The funeral of General W. H. Sidell took place yesterday afternoon, from his late residence, 250 Fifth avenue. General Sidell died on Wednesday, atthe age of sixty-three, He was a graduate of West Point and was first assigned to the duty of a line officer of infantry, but he afterwards became civil engineer. He showed his ability in the sur- vey of the Mississippi Kiver and other works, and when the last war broke out he was appointed chief mustering officer in Kentucky, under General W. T. Sherman. In May, 1864, he was appointed lieutenant colone! of the Tenth intantry. Rie was @ member of the Unton League Ciub and of the Ad- visory Board of the Freedmen’s Savings Bank. The funeral yesterdvy was largely attended, but many of the army associates of the deceased who had already gone out of town were absent. The foral decorations were exceedingly rch beautiful. The dovy reposed in a hanasome casket Of rosewood. Rey. Dr. Smith, of the Church of the Ascension, adverted briefly to the many noble aad steriing qualities of the deceased, and the c was then conveyed to its grave in Greenwood Cemetery. The pallbearers were:—General Bar- nard, Sigg ara —— ain Colonel Law- rence, Mr. Corbett, Mr. rge Bell, Dr. haphael and Mr. Jaitus Adams, ' THE PHELPS ASSASSINATION, The Prisoner Hallick Fally Identified= He Pleads Guilty. The particulars of the burgiary committed on the premises of Mr. Charles H. Pheips, corner of Sixth avenue and Thirty-ninth street, and the attempted assasstnation of Mr. Phelps on the night of May 1 1872, are still fresh in the mentors of the puDle, “a is also the recent arrest of a young desperado on @ charge of complicity in the outrage. Yesierday the prisoner, Patrick Hallick, nineteen, @ plasterer by trade, was arraigned fore Judge Coulter, at the Yorkville Police Court for examination, The investigation resulted in the complete identification of the young ramfan as one of the gang seen iu the building on the night of the burglary by Mr. John E. Palmer, ot No. 909 oie avenue, i h aay frag prevartcation useless, he pleades yy, aod was committed for trial witthout bail. '