The New York Herald Newspaper, July 31, 1873, Page 8

8 SING SING Peering Into the Present Management of harrd yeiln which he inter the State Prison. ————. How the “Moral Suasion” Rule Is Worki: ‘What Is Thought of the Revolt of “Wes” Allen—The Probable Causes That Lead to Escapee~A “New Departure” by the Wardon—Music in the Cells—An- other Instance of Convict Skill and Ingenuity—Threatened Trouble by an Old Jail Bird Who Is Sigh- ing for Repose. “It won't work, sir, this moral suasion rule that fe now being tried at the prison. Convicts in gen- erat are men who require to be kept in subjection ‘with a rod of iron,” This pithy remark wos addressed to a HERALD wepreaentative on Tuesday, in the village of Sine Bing, by > 4.4...Man wuose intelligence and social Standing lend addiiional weight to his opinion. ‘The brief conversation which immediately pre- deded it was in relation to the numerous recent escapes from the prison, and the unmolested re- ‘pellion of “Wes Allen,” who had at that time openly @efied the prison authorities for nearly twenty-four hours, Some of the citizens’ expressed their re- grets to the writer at the humiliating spectacle of BeBingle convict defying the power of the entire Btate of New York. It was not dificult to perceive tbat the apprehensions of these people were arensed as to the probable effect of suck fagrant insubordination on the minds of the other convicts Tather than to any prospective damage Allen might inflict with his carving Knife and bottle of nitro- glycerine. Durmg a subsequent interview with ‘Warden Hubbell that officer was asked by the writer whether he did not believe that the fact of allowing such an unmitigated ease of revolt to continue, even for a moment, was calculated to prove subversive of prison discip ine, He replied in the negative, adding that all of the eonvicts knew who “Wes Allen’ was, and rated his loud-mouthed threats at their true value. It remains for the immediate future to determine ‘whether the Warden’s estimate of OPEN INSUBORDIN ATION is strictly correct, as it is well known that the Pprisoa contains more than one hundred far more desperate and determined rufMfians than Allen, who, by the light of their past lives, would appear but a tyro in the school of villany. Should Allen’s suc- eessfal revolt be not turned to advastage by those men, then, indeed, may it be said that a charge for the better has been wrought in the morale of ‘the institution. The transition from democratic to republican rule, which was ushered in with the present year, does not, as yet, appear to have produced such beneficial results in the prison managemeht as Rome of the dominant party journals predicted. Taking the recent number of escapes alone into consideration would be suMcient to sustain this as- Wertion, These latter, which have not been uncommon, however, at any period of tie rison’s history, are often attempted to ye uccounted for in various Ways; but, apart from the natural aivection of moral cbiiquity which is known to have manifested itself among the sub- ordinate officials in times past, the most reason- able explanation that can be offered is the palpably EXPOSED CONDITION OF THE PRISON and the greatly inadequate number of guards and keepers. Until these glaring derects are remedied escapes will continue fo occur, Simce Warden Hubbell took charge he has intro- @uced many features in the prisou management for the amelioration of penal existeuce which, while being creditabie to his philanthropic nature, are vonounced by many thinking men to be imp acti- able in the successful government o1 that i_stitu- tion. Among these is the abolishment of ail forma af punimess except Irate at in @ dark cell lor twenty-iour or perhaps fortyy aud: thee ben Pande usin Bou ot which correctionary measures ‘are regarded with the most contemptueus indifference by the more reiractory jail birds, Heretoiore th latter Class, with but iew exceptions, could alway be reduced to subinission by the mazic mention of tho “shower bath,” or an intimation that there was @ vacancy then existing on the “thumb — It will not be deuied that both of these ere INSTRUMENTS OF TORTURE, hioh have now disappeared forever from our Fate Prisons, in accordance with the enlightened entiment of the age, But, on the other hand, is it not possible that philanthropy towards felons might result dangerousiy to the law-abiding com- munity ? Another feature of the present management per- mits any convict who may desire to ovtain @ pri- vate interview with the Warden to leave his work ata certain hour cf the day and proceed to the office of the principal keeper, where scores of the hypocritical jail birds congregate daily, for the os- teusibie purpose of pourimg their real or fancied grievances into the ears of the generous hearted ‘arden. This, it is elaimed by men experienced Mm prison matters, is calcuiated to destroy} whatever little authority the keepers formeri Possessed, aud teuds te bring the latter into con- tempt, a6 at present the sullen convict, at any hour, may throw down hig tools, snap bis fingers at fhe powerless keeper, and, while sauntering out of sight of him who is supposea to be responsible, hot only for his daily task but also for his safety, @carcely dcign to offer the intormation that he 4 “going to see the Warden.” Tae bencvolent policy Indicated is also apparent in other respects. t Tuesday, about noon, when the HERALD rep- Feseutative was walking past the main prison, franquility seemed to reign within its periorated Walls, the serene stiiness only being varied by the meilifuous strains of an accordeon, from which Soated on the ambient atmosphere the ever popular air “WHEN OTHER LIPS AND OTHER HEARTS,”’ ETC. “Surely this,’ it would be thought by the unso- phisticated pullanthropist, “must bea happy, happy gg Jor erring mortals to make atonemement lor their crimes—an abode in which the groans and tortured or f- warved memberssof the human family have ven place to ecstatic Ly at the dismal lanking of chains has yie‘ded absolute supremacy to the refining power of music.’ This rose-colered estimate of penal servitude might be altered, how- ever, ) it became known to the philanthropist that the iclonious troubadour, who was ostensibly Aurieiting bis senses with the “food of love” while thus plaintively apostrophizing his, perhaps, way- Ward mistress, was in ali probability mentally Mapping out the proportions of a “dummy,” which should be artistic yanterielt f himseif, or el casting his eyes eavenward in the hope of discovering some de- fective spot in the roof ef the prison which he Could perforate some quiet evening, preparatory to Gliding down one of the ee rods and takin his departure. If the success of his plan depende: only on the cutting of a guard’s throat or smother- ing him by means of a gag, that part of the pro- Gramme Wouid be a mere bagatelie. A UNIQUE FEATURE OF PRISON LIFB, * It was ascertained upon investigation that the oe of playing music in their celis is not neg- cted by the convicts, some flity of whom possess Instruments 6! various kinds, A few of these have ‘been the gilts of thoughtiul relatives and friends, while the majority of them are of prison manu: facture, and, although formed out o: rude mate- Yials, are said to combine marvellous harmony and sweetness. some of the negro con victs are said to be especially skilful | in this respect, only requiring au old tin mustard box and a jew otler scanty materials to produce @ model banjo. To a convict Wuo is wearted With his day's task and anxious to obtain a litte r when Jocked in his cell at night, the sounds elie ted from these Wuitiarious instruments cannot be | very soothing. And here an incident bearing on this pot as well as on the effect of “Wes” Allen's insubordination may be related, AN INCORKIGIBLE CONVICT. Among the oldest and most inveterate wrong- doers io tue prison is a convict named “Pete Wiiey,”’ Who is at presen rving out his third or fourth term. Under for: administrations “Pete” ranked among the most ugly customers in that in- Stitution, and on one occasion, When he was taken from tke ‘oundry and ordered to work in the cabinet shop, he doggédiy refused. The ‘shower bath” ‘was used several limes on the refractory convict, but he would not bend to the will of the prison authorities. The “showering” o! Wiley was kept up jor some days, and @t the conclusion of each “path” he would be conducted by bis keeper into abinet shop and ordered to commence Determined that he yy BDURD, being led from the v task, WOULD NO however, Wiley one day, aiter Punishment room to the shop, sqized a large draw- tuy kmuie, and, piacing his hand ou a@ block, almost severed jour of his fingers, and, then, shaking the pormaventiy mutilated hand in the face of his eeper, exclaimed triumphantly, “Now, dain Jou, wake me work here if you can!” Like “Wea Alieu,”” who relused to be draited, he carried Mis point. Since then, however, Wiley has sett’ed down into the status of a well-behaved convict, pins bul litte trouble, his apparent contentment clog doubliess owing’ to the satisfactory nature of is present employment, which consists of ronving @ small “stationary engine in vhe pr. yard, Of late, lLowever, a portentous cloud has settled on Wiley’s brow, and le has been to hear in his ceil ht, while Alien was sorely-trie@ man t# compel sone voiens, Last Peery Still ip open rebellion, insolen FYING THB PRION A RIT DE: from behind his improvised arsenal, 3 ley gave ent to exasperated iechin; H by peering. the most led with dire threats the musicians, One of the night guards approached Wiley‘s cell, and, on ordering him to keep still, the convict repiied that he had at length ‘ot the “hump on his back up,” and he ‘intended raise hellin the prison” until the practice of playing music in the cells was stopped, in order hat he might be allowed to read a few magazines furnigaea by his friends, or otherwise go to sleep aiter his day’s coll, From the above it is evident that the cultivation of music in the prison is pot universaily popular Sa inmates. It would appear, however, that musical fever has almest reached a crisis, as the chaplain is now engaged raising money by subscription irom tne convicts to purchase a new organ for tho prison, at a cost of about eight hun- dred dollars, Whether the convict breast Is as susceptible of being soothed by musical ‘charms’? 8 that of the savage, {ime alone must decide. THE LATE JAMES COULSON. Salts AES Faneral Yesterday of the Unfortunate Young Journalist—Coroner Keasler’s Letter to the Herald and Itq Curious Purport—He at Length Thinks Proper to Investigate the Strange and sad Mystery. P The Juueral of tue late Mr. James Couisun, tne talented young journalist, whose career, as already announced, has been so sadly cut short, took place yesterday morning at nine o'clock. The remains were conveyed from the Morgue to his late resi- dence, No, 12 Union square, and committed to the dust and his soul to God in the touching ritual of the Episcopal Church, for whose Lehner d he had studied in his e: outh beiore he turned to jour- nausm to adapt it as & profession, ‘The pall- bearers were KE. Tf. Fiynu, . J. Kirwan, R. B. Davenport, W. J. 0. Meighan, Waiter A. Rose, B. M. Brandt and J, 2. Rourke. The Rev. KE, Kenny (of the Bible House), officiated, and many of the friends of the deceased, some of whom had been his schoolmates in Europe, and others, who bad conceived warm friendships for him during the comparatively short time that he had been to this city, Were present to pay their last tribute of siucere sorrow and respect to his memory. Among them were prominent jour- jalists. A beautiful cross of jasmines and other snowy white blossoms was laid upon the cofiin, and, after the services, the remains were carried to Greenwood, followed by a numerous procession, and were gently given to the embrace of earth, Coroner Kessler Awakes. The following letter was received from Coroner Kessler yesterday. Soon after its reccipt a rep- resentative of the HERaLD proceeded to the offices of the Commissioners of Charitics and Correction, in kleventh street, and there met Coroner Kessler and the Depsty Coroner, Dr. Leo. The Commis- sioners dectined to entertain the case In any way, and Commissioner Bowen informed the Coroner that the latter had ampie power to make all the investigation he desired. ‘The result of this suggestion has been that, on refect'on, Coroner Kessler has decided to conduct the investigation nbuself, and will hold it at the Coroncr’s office this day (Thursday), at one o’clock. Coroner's Orricr, 40 East Houston Sreeer, New Youk, July 30, 1873, To rus Eprror or tae Herauy:— Coroner Kessler, who claims the sole and entire credit of having brought about the identidcation of the body of James Coulson, found at the ioot of Last Fort street and then removed to the Morgne, authorlx state to you that he has laid the case before whe Beard of Cominis:ioners of Charities and Oorrection, the inquest having been held emWes under their’ jurisdiction, With the request to have the whole matter thoroughly ves! } ‘Further ‘action in the matter he reserves til after the close of the official investigatio: Very respectially yours, IMEON N. LEO, M.D. A MELANOHOLY DROWNING OASUALTY, A boy named Henry Wentz, agea fourteen years, met with a sad and fatal accident yesterday in the Assanpink Creek, at Trenton, N.J. He was eating his breakfast in & house which overlooks the creek, when his attention was aturaeted to a rowboat drifting down tke stream without anyone in it. He at once procured another boat and was soon sail- ing down in pursu.t Of the cmpty one, uutil he Towed as lar as the Green street dum, over which he was suddeniy precipitated and drowned be- Jore any succor could reach him. Fle was respect- ably cunnected and his parents feel distracted. A Coroner’s jury returned @ verdict of accidental drowning. THE JERSEY A.D ALBANY RAILWAY. Anexcirsion took face yesterday from Jersey Cwy so Teppantown, M cel€brativy of the opening of the Jersey Oity and Albany Railroad, The train consisted of five cara, which were well filled with fourth me to | members of the press and distinguished citizens of New York and Jersey. Among those who were present were ex-Mayor Hall, Erastus Broeke, ex-Senator Cauidwell, Dr. Dann English, the poe Major Haggerty, A. J. H. Duganne, Senator Corne- lius Lydecker, of New Jersey; E. K, Aiburtis, President of the railroad, and J, H. Simpeon, engineer, The party was enter- lained by visits to the residence of Mr. Jordan and other wealthy citizens along the line and was enthusiastically received by the citizens of Tappantown, the present northern terminus, Speeches were made by Joun W. Ferdun, Charies iufield, Erastus Brooks, A. Oakey Hall, Dunn Engiish, Mz. Voorhies and Major Haggerty from the Piazza of the old stone house in which Major André Was imprisoned during his trial, and in sigat of te old tree on which he was ged, At the conclu. sion a coilation was served to the party, and they returned to the city. The Jersey City and Albany Railroad has been built for twenty-five miles at a coat of $60,000 yd mile, which amount the Direc- tors believe will insure the agetes Ad the road to Albany ae well as the payment of terest on the bonds. REAL ESTATE MATTERS. ——__ There was quite an attendance at the Exchange yesterday to witness the several legal sales adver- tised to take place, which altogether realized $48,200, This, consulering the extreme hot weather of the seagon, may be said to be considerable en- terprise, as itis as dificult to sell a piece of prop- erty at present as to finda hen’s tooth. The {ol- lowlug are the particulars of the sales:— BY RV. MARNETT. (7, B. Odell, Reteree. mn. ® 1th st, S834 ft. w. Ist av. +++85,000 ‘ee years’ in- (Richard ©. Beamish, 85,b.8. hb and |. 735 Lexington Both st., 2020...... (Basten: b. and |., w. 4. bk. ten st., 66x75, 45, bk. ten. b. and Ot, 26x75... i ‘a 7 + 8,700 On Tuesday jast Jere. Jonson, Jr., held a jubilee sale of lots at Darien, Conn., the result of which ‘Was as lollows:— 2 lots on Central st., corner Rock s Slots adjoining... ..... 2 lots on Central st., 100 tt. W. of lot op Rock st....... 2b 2p! 1 plot on Darien av. rom Wainui 6 plots on Cottage piace and Hiliside st 4 plots om opposite corner 0: Co 1 plot on Hilimde’ si oining i plots corner Hillside st. and Cotiage pla plots on Cottage place, 226 ft. from Darien av. e Plots and house, cot Norotos Linden avs. (Noroton, Conn.). 8, 1 plot in rear of abov 2 plots on Mansfield av, (Darien, Conn. 8 plots adjoining... ay Herd of cattle (ten head). aa) To-day Mr. J. M. Gibgon, auctioneer, will sell, b order of Theodosia A. Midmer, William Midmer ani Leon Abbett, executors of John H. Midmer, deceased, at the Belvidere Hotel, Danforth avenue, omnes City (iate Greenville), the homestead and 48 lots, being the baiance of the estate of the late Sheriff Midmer, located on Atlantic and Seaview avenues and New York Bay, at Greenville (n0w Jersey City), Hudson County, N.J. This property is located on high, dry ground, in the imidst of Valuable improvements, near the line of the pore Boulevard, only a tew minutes’ walk from niorth avenue, formerly Greenville Station, on | New be Central Railroad; 60 trains daily; time | to foot of Liberty street, New York, only twenty minates; rapid transit an accomplished fact. Also, two mihutes’ walk from horse cars to Cortlandt and Desbrosses strect ferries; more convenient to business than Fourteenth street. Ten per cent of the purchase money on the day of sale; thirty per vent om September 1, 1873; sixty pet cent, may remain on.mortgage for three years, OOMPTROLLER’S RECEIPTS. Comptroller Green reports the following amounts paid yesterday into the city treasury, from— ARREARS. ts, Water rents ana in- nuREAD Arrears of taxes, aasessm terest, = = Licenses and fines. Total... A KEROSENE CASUALTY, Early yesterday morning, while Patrick Flynn, of overheard while mottering his intense dissatisfac- tion atthe jolarmonious melody picked from the Sttenuated rhs Oo: numerous guitars, banjos, Violias aud other instromenta ail af whieh the No. 21 Academy street, Newark, was carrying a kerosene lamp across his room, it fell and his clothes caught fire. He was burned dreadfully, He may live. but be will be disfigured for life, THE NEWARK FRATRICIDE. and Coroner’s Inquest Verdict. —_—-— The Friends of Both Brothers Trying te Screen the Murderer—The Murderous Knife No- where To Be Found and Nobody Krews Anything About It—Unsatisfactory Statement of the Aged Mother— Aleck Birrell’s Account of the Terrible Tragedy. Out-and-out murders are #0 rare in Newark, and capecially fratricidal imitations of tire primal mur- der, as related in the book of Genesis, that 1t may well be imagired the terribie murder on Tuesday night of James Birrell by hie brother, Alexander, in their mother’s house on Beacon street, as pretty fully described in yesterday’s H&RALD, hae stirred the old town on the Passaic to its centre, more especially as the Birrell boys were wedi known in the community from thelr long and not very creditable connection with the Fire Department, Bad as both men are admitted to have been, they are not without hosts of sympathizers, who recollect the better part of both. The case of the murdered man is a veritable fulfilment of the Scriptaral injunction that ““whoso sheddeth man’s blood, by man shall his blood be shed.” He slew a German some years ago, as 2l- ready reported, and now he has been slain himself, not by the law, but by @ map, and this man his own brother. Yesterday afternoon THE INQUEST was commenced by Coroner Vreeland. After the empannelling of the jury they proceeded to the house of the Birvells, on Beacon street, and viewed the body, after which they took the statement of the old lady, Mrs. Birrell. The agony of the poor creature was really heartrenaing, and some jurors ‘with soft hearts shed tears of sorrow for her, WHAT THE MOTHER OF THE TWO MEN BaID. On being sworn Mrs. Christina Birrell statea that she was the mother of James and Alexander Bir- Tell; that sue lived at No. 17 Beacon street, Newark, the two men living with her; on Tuesday evening they came home about six o’clook, James about an hour ahead of bis brother; the quarrel between them commenced soon after seven o’clock and be- gan by Alexander’s accusing James of some little thing; tried to quiet them; they stopped for a mo- ment; went back to the kitchen from the porch and stayed there a minute; first thing witness saw was James going out of the porch as if into the garden; Alexander was etanding in the porch; didn’t think she heard them say anything; Alex- ander came in; went out and found James lying on the grass; spoke to him and then saw what was the trouble; did not see cither of them have a knife, being busy cooking; didn’t know where they got the knife; didn’t know whether Alexander said anything, but put on his coat and go out; there werea great Many shoe knives about the house, their father having been @ shoemaker; when the quarrel first commenced James struck Alexander; didn’t knock him down; James was sober when he camo home and Alexander was intoxicated; couldn't tell who commenced the quarrel; don’t know what became of the knife; all witness knew about the knife was what she had heard since the aur; thought she saw Alexander down on his Knees or side atter he was struck; James waa thirty-three years of age. In giving her testimony the old lady manifested an undoudted disposition to say as little as she could calculated to militate agaist Alexander. it was especially hard to get her to say anything about the weapso with which the fatal deed was doue, and, indeed, the Coroner's effort in this direction proved almost a failure. It was the general im- pression that she Knew a good deal more than she ‘was willing to reveal, The Jury and Coroner then adjourned to the court house and continued the inquest, Catharine Keniail sworn—This witness, a neigh- bor of tiie Birrell’s, saw nothing of the fight, but was called in alter the murder was committed; Mrs, Birrell told her that Aleck had been finding fault because supper was not ready and tbat dames took her part; saw no knite; Alexander came In and hig mother sald, “See what you have done;” Alexander said, “It was done in self defense.” James Allison, brother-in-law of the Birrili’s, sworn—Witness’ testified to James visiting his house just be‘ore the tragedy, and atter it Aiex- ander, who said, “Come right over home as quick as you can; lam afraid have killed Jim; ke at- tacked me twice with @ shoe knife, and I took it from him and struck him, and I aim afraid I have killed him.” Dr. B. L. Dodd, county physician, testified to having examined the corpse the morning after the murder; found u0 marks of violence on it except near the region of tue collar bone, with the breast- bone, where there was a wound about au tnch long; Jt had passed the aorta and was just such a wound as if the heart had been pierced; didn’t think the man could have lived more than five minu‘es after the infliction of the wound; was satisfed the wound caused death. Lieutenant Partentelder, of the police, was next sworn, and recited tie ‘statement substantially given in yesterday's HERALD, (0 the effe:t that Alexander fart himself up and saia he had cut James in self-defence, exhibiting numerous marks of violence to prove his assertion. Chief of Police Rodgers corroborated the Lieutenant's story, and added that Alexandcr had told him that he had thrown the kniie away. A VERITABLE KNOW-NOTHING ON THE STAND, Ralpa Jefferson, an intimate friend of the Bir- reil’s, who said he had carried the murdered man in his arms when an infant, was next sworn. The main feature of this witness’ testimony was his hesitancy, disinclination and sometimes positive refusal to anawer pointed mp emp of County Prosecutor G, N, Abeel, regarding tue whereabouts of the kuife. On cross-exaiminavion it waa Ge out of him that Mrs. Birreli had told him “they will never find the knife,” but gave no reason for saying this, Witness asked Mrs. Birrell how the atfair happened and she replied “My God! can’t tell you,” Witness, after a great deal of cir- unlocutious questioning, declined to tell all he fnew about the knife, dames Cusick, policeman, and Mrs, Allison, wife of James and sister of the deceased, ywere placed on the stand, but their evidence was unimportant. THE FRATRICIDE GIVES HIS VERSION OF THB DEADLY FRACAS. Alexander Birrell, the slayer 0’ his brother, was next called by the Coroner, and asked it he wished to make any statement. le was advised that he need say nothing unless he Wished that would criminate himself. He bore this tn mind, and told the following story:—On Monday night mother bought a pound of veal cutiets and tried them for James’ and my Tuesday's dinner; on that Mon- day night James took the cutlets and eat them; next morning when mother went to get them there wore none there; she had, therefore, to eggs; Tuesday nigit, when I came home, I tok mother in James’ presence, “James has eaten them cutlots;"’ he toid me that it was none of damned business; thatif 1 didn’t keep my mout shut he would 8) it for me; he said that he Would do it anyhow, and he did do it; I backed out one step from him and he ran and ciinched me and we both fell in tne porch; he was on top; when we fell he caught me with his left uand by the throat that way, (suiting the action to the word) ; my head ‘was lying on the bench of the porch; then he com- menced with his right hand hitting me on the fa: forehead and cheek; I suppose ne hit me eight or nine times; he choked me so hard that I lost all mind and laid there a moment after he got off me; then when I got up mother said WE OUGHT TO BE ASHAMED OF OURSELVES; ewered ker that lonly spoke tue truth, and he said, “Damn you, aint you got enough of itnow?”? Then he added, ‘I will give you some more;” and ho hit me with bis left hand; he then canght me my shirt on the right side at the same time, am Falged his right hand; and as he did saw 9 knife in it; then he said, d damn you, I’lt cut your heart out;” as he said that I grabbed his hand (with thé kniie in it) with both of mine, amd wrenched the knife out; I got the knife in my right hand and GAVE HIM A PLUNGE, I struck him with it, that’s all; 1 did not turn the knife at all, but it might have turned round. In answer to questions by jurors, Birrell replied a8 follows :—I had been at work until tour o'clock 5 James dont work with me; my shirt was not torn; the cuton my nose might bave been done by & Knife—I can't say positively; James turned and went out; I then threw the knife on the sidewalk went out; it was & short shoema knife, about iwoand ao half ioches long; he used the knife last Sunday half soling boots; the knife was generally kept in father’s pox; could'nt tell where James got it from; 1do not know where the knife is; tt ‘was sharp on one side; he held only half the handle in his hand; he said nothing when I struck him. At the close the prisoner bared his breast and it was observed jurors to be very much discolored. On his forehead and cheek were also severe bruises and @ severe skin abrasure across his nose. It is @ noteworthy tact that beyond the one sole Iife-ending wound ne mark of violence was found on the ly of the murdered man, THE VERDICT, At seven o'clock the jury, after bein, on oe ee of law by Coroner Vreeland, re- tired, and in about ten minutes agreed upon the Pollow ing verdict "That the sald James Birrell came to his death, on the 20th day of July, 1878, at Newark, from the effects of a stab by @ shoe kuito in the hands of Alexander Birrell.” The prisoner way handcutted to a detective, and, accompanied by Chief Rodgers and Lieutenant instructed Posenielder, was conducted to the station house, whence, later in the evening, he was removed to the county jail, where h we e-] ere he will await the action of NEW YORK HERALD, THURSDAY, JULY 31, 1873--WITH SUPPLEMENT, at Sia : a A a SS ESO MARKET CHANGES. Sour Looks of the Coffee and Fruit Sellers in Falt.n and South Btreste—Taking Away the Vesey Street Dump—Letting Air Into Washington Market. Curses loud and deep were plenty about Fulton Market yesterday. Olear sidewalks are to replace the doomed coffee stands under the resolution of the Board of Health, and the stand-holders can ace no reason for the change, but great haraship therein. The booths, numbering fifteen on Fulton street, seventeen on South street and six on Beekman street, were valued at from one thousand to four thousand dollars each, They were mostly held by persons, men and women, who depended upon their profits to support familiea, Some had, within a few months, paid round prices for the good will of a booth in which a small capital could be turned over ever day with a large percentage of gain and no risk of bad debts or unsalabie stock, One had re- cently been offered $3,500 for his coffee stand. He said he “saw no way in which he could go well use that amonnt of money as to continue in the coffee ana cake selling business.” Now sanitary reform sweeps his livelihood away, and instead of the value of his stand he has a& empty pocketbook. Others told aimilar tales. One gray-haired mau lately refused a fair offer for his stand, He thought he had @ safe, steady trade for his old age, on which he could witbout risk or very hard work keep bis family while he lived. He is now sorry he did not sell, So are they all, Many a left-handed blessing they bestow upon the Health Board for their loss, WILL THEY MOVE THE GHANTIES ? Nota move. They say the sheds are not worth the labor of tearing down or removal, 80 they content themselves with carrying away ice-chests and fixtures, and will leave to the Health In- spector the glory and the gain of pulling the old lumber down and taxing it to the Corporation Yard. No business has been done in the half dozen or #0 stalls along Fulton street next to the ferry for'several days, their foors baving been re- moved in order to raise them up. In the balance of the condemned stalls trade is still kept up, and apparently there is more doingin them than is usual, so that they are il to Anish witha week. Some five or six stands in South street above the market, which cover and obstruct the gutter a8 well as crowd the too narrow sidewalk, Will share the jate of the booths joining the mar- ket. It is to be hoped, also, that the annoying ob- struction of the footway along the south side of Fulton street by merchants who use the walk asa place oi business will be corrected without fail ‘AIR FOR INSIDE STALLS, No one can doubt that the occupants of stalls within the market and rooms in the basements will be great gainers by the admission of air and light when the booths aro cleared away, Alread on the south side a decided iapreyement is noted, resulting from the raising of shed roof above the sidewalk, a te also the case on the smail por- tion of the cast side where the roof has been raised, To complete the seth the city should raise the balance of the roef on the South street side, With the many fires ingide the market for cooking oysters and other food, there is need ot all the air which can be introduced, to allow the proper preservation of meats and poultry, and the retention of the east sidé shed roof at ite present altitude will tend to exclude air even alter the row of booths on the sidewatk is removed. DEMOLISHING THE VESEY STREET DUMP. Reform about Washington Market is progressive, Not content with strij ping the market of the ex- crescences which kept the air and light from its recesses, the Health Board bas just taken action towards relieving tie peighborhoud irom a pestif- erous stench which could not fail to poison the food gathered in the great centre of metropolitan sup- ply. For many years the dock at the foot of Vesey street, immediately adjoining West Washington Market, has been made offensive to the most callous nostrils by its use as a dumping ground for the shipment of the street dirt and gar- bage from the First and Second wards. was not an unusual sight to see twenty or thirty carts ranged in a disgustin; procession of filth, blocking up West street, be- tween Washington and West Wasiington Markets, waiting their turn to discharge their nasty loads into the waiting scows, In all woather this rank offence loaded the air with nauseous smells, and in dvy days the vile dust raised in the dumping ‘was Waited by the west wind athwart the markets to incorporate Itself with the food of all, None could escape the impartial distribution of theee seeds o: death. Poverty and riches took their quota alike, But this has passed. Yesterday la- borers, with saw and axe and spade, were busy removing the ttinbers and taking away the super- fiuous soil, preparatory to converting the site o: THIS ANCIENT NUISANCE into that of market stands, partly for the accom- modation of those who have been ousted by the recent raid upon the gutter booths on Vesey, West and Futton streets. As the Board of Healtn has resolved that it en- dangers the city to continue the dump at tl point, and asked the Dock Commission to assign for tais purpose some dock south of Cedar stree! it is to be inferred that this monstrous abuse ha: definitely come to an end, and that hereafter we Will receive our meats irom the market without the addition of street dirt, dust or the impregnation of the fetid odors of garbage, LETTING IN THE AIR. Windows are being placed in the west end of Washington Market, one or more in each stand, seme four feet above the floor, to admit the iresh air and make @ needed addition to the light where neither bas been overabundant. Nothing further appears to be doing about clear- ing the outer edges of the sidewalke about Wash- ington Market. No more rent is coliected from those cccupying the fractiocs of the old outside stands. They are used by the old tenants, but as the accommodation ts entirely too cramped for the business it is apparent that dealers will flod stands elsewhere, and then, if used at all, the outside lini will have merely @ tenantry of squatters. eee in the end the pubtic will gain the whole sidewalk for the accommodation of passengers. THE CITY'S OFFAL, ‘The Offal Boat Down in the Lower Bay= The Load ot Offal It Carried—Tihne Varicty of Stenches at the Wharf of the Rendering Company. The New York Rendering Company has at last complied with the orders of the Board of Health. At half-past five o’clock yesterday evening the offa, boat was removed to the lower bay. The barge emitted a stench that was frightful, and supassed all the celebrated ninety-nine odors of the River Rhine, as enumerated by Coleridge. The odors of 700 barrels of offal of every description, of 10 dead horses, 40 dogs, 40 cats, 15 goats, 6 calves, 150 rata, 2% barrels of rotten eggs and 20 barrels of fish refuse from the various markets were all blended into one grand stench, which was enough to make the stoutest faint. The boat was towed down to the lower bay, about three miles from the ‘head. ines,” and between Coney Island Point and Sandy Hook Point, and there al! this offal WAS TUROWN INTO THE WATER. The entire trip was accomplished in about six hours, and shortly before twelve P. M. the boat re- turned empty to the wharf at the foot of West ‘Thirty-eighth sireet, ‘These trips will be repeated every day, with the exception of Sunday, when no refuse is re- ceived at the wharf, What will become of the offal after ithas been thrown into the water? Some persons claim that a good deal ef the refuse wili arift to Coney Island and Staten Island for the bene- fit of these two favorite piaces of Summer resort, but the correctness of this theery remains to be proved. It is dificult to understand why the rendering business, as carried on at the foot of West Tuirty- et, Should be so terrible a nuisance. Mr, 4 Superintendent of the company, in con- versation with a reperter of the HERALD yesterday, stated that “this Summer had been the lightest, the easiest, the best he had seen since he had been on tho tm if and he had been six years in the employmen| of the company. He meant to say (net AHR OPPAL, RECEIVED THIS SUMMER had been Jess than during any Summer for the last six years, Last week there was a daily average of 450 barrels of offal aday; besides there were from thirty-five to forty-two dogs, about the same num- ber of cats and from eleven te seventeen horres, About one hundred and fifty barrels of rotten eggs were received during the last week. The dumping ground is in a@ fearful condition. Officer Fisher, who is stationed there, said some of the manure had been there for two years! About one hundred cart Joads of manure are dumped into the boats every day. Last night three boats which were loaded with manure were towed to RM phecen Long Isiand and other piaces. A part of this loa was ight by Governor Parker, of New Jersey, who wanted the manure for bis farm at Trenton, ‘The ground is fragrant and would be a paradise tor romantic lovers, What a lovely odor! About ten thousand cart loads of manure tempt one with their delicious exhalations. The dumping ground extends from Thirty-seventh to Thirty-eignth atreet, is FOUR HUNDRED FRRT LONG, 200 feet suse Lass probably fifteen feet deep. What harming spol < These various stenches are not the only ones that poison the atr in this neighborhood. ‘1he sewers are all banked up with filth and emit a stench, compared to which the other stenches are about ‘what European princes are as compared to the King of Kings, the Shah, It is such a superia- tive stenoh that the ) Who suffer it to remain ought to be com to inhale it for twelve hou 3.8 very of they did not die before that time. course, t! are some peopie whose noses become quite impenetrabie after a while. One man declared that ne was there every day and had “never seen a day’s sickuess;” but we nant to add that he wel bout two hundred and fifty pounds, and that the color of his cheeks was the delicate tint of lager beer. A Varian hog angbce: bonnes, sole rs, tripe cleanera, gui ue &o,, which abound fa the vicinity somit also an odor which is tive of filth and carelessness, and the Board o! Health ought to HAVE THEM THOROUGHLY INSPECTED, There are seven hog slaughtering houses in the immediate vicinity of the Rendering Company, and about seven thousand hogs are slaughtered every day. The entratis, which are fall of putrid matter, are broaght to the boat of the Rendering Company. Al this increases the vast heap of refuse to @ t extent, and adds to the intoler- able stench which seems to have consumed every particle of fresh air, unt the very atmosphere seeing poison, and the sickening, noxious vapors would seem to make it almost impossible to breathe. At Thirty-second street the stench 1s already perceptibie, aud anyone who has a sensi- tive noge and is im the habit of pasi there in the Tenth avenue cars will pe sure ut a hand- kerchief to his face. Now, dons the of Health proves to correct this frightful state of things? je remedies which have been adopted thus lar have given but littie relief, and the time ts come when something must be done to abolish the nuisance. The city pays the Kendering Company ¥IPTREN THOUSAND DOLLARS A YAR for the work, and what is the result? a stench that threatens to breed @ pestilence which may destroy hundreds and handreds of lives. The shedg on the bulkhead between Thirty- ninth and Fortieth streets were all torn down on Wednesday. They belo: to William MoNeti, and they were used {for cleat oga’ ‘red gut,” out of which sausage and bologna casings were made, THE DUMPING GROUND. A Herald Reporter’s Visit to the Site of a Formidable Nuisauce—How the Meats of Washing: Market Receive Their Savor, and How Distempers Are Bred. The action of the Board of Health on Tuesday, in the matter ofthe Vesey street damping ground, excited great interest in Washington Markot, par- tioularly mm that part of it known as West Washing- ton Marget. The fact that the Board of Heaith had referred the matter to the Dock Commiasioners, urging upon them the removal of this aumping ground to some part of the city higher up and less objectionable than the present site, apparently convinced those in the vicinity that the recom- mendation would be carried out to the letter. It will be remembered that Dr. Jadgon, the Sant- tary Inspector, in hia report to the Board of Healthy stated that in every way this dumping ground was in a most cbjectionable locality; that the constant dumping of all kinds of refuse in the immediate neighborhood of a market which does as much if not more business than all the other markets of the city combined was detrimental to the health of the city, from the fact that 1t was apt to taint the meats and provisions sold to the public, In the a@unual report of the Board of Health in 1869 it is expressly stated that the market ‘is in the immediate vicin- ity of @ dumping ground which furnishes offensive odors in wet weather and in dry Weather clouds of dust which are blown through Market, defiling the 1ood exposed for sale.’ In 1871 Sanitary Inspectors Stiles and Judson said that “This market cannot be placed In a good san- itary condition, situated as it is behind the com- pact heaps of a large dumping ground, where thousands of loads of street manure are forked over and expo sed to the sun and rain.” Yesterday a HERALD reporter proceeded to the spot, 80 as to verily in what measure these dump- ing grounds were in the condition described. The dumping ground is immediately at the foot of Vesey street, and, as it were, in the very centre of West Washington Market. Tho aspect of the place ig repulsive I the extreme, and A MOST VIOLEENT SMELL rvaded the atmosphere in the immediate vicin- ity, and algo for @ distance of one block it could be ascertained that there was @ nuisance in the vi- cinity, Along pler ges out into the river, an on this pier the dirt, ash and garbage carts come and dump their loads of frightful filth off tho pier into large barges, which are stationed below, awaiting the time when they may be suMetiently filied to move away. Every lew momentsa cart arrivea, and if there is the slightest breeze the dust, which natarall 8 from throwing a@ load of ashes some dozen feet down, torms for @ moment @ perfect cloud, which carried away in whatever direction the wind blows. Then the cart moves off, scattering whatever particles remain about the dock, where they lay festering and rot. ting in the broiling sun, But this is not ali, for at ties the barges which collect this filth remain at the dock for a couple of eee and the great mass of putric vegetable, animal and mineral refuse lies on the spot, sending around a great mass of putrescent odor, enough in itself to breed ali manner of diar- rhoal disease. On those barges it is dificult to explain what ignobie refase rests, It is composed of all the most filthy particles thrown out irom private houses, restaurants, &c., already IN A NRARLY DECOMPOSED STATE, but which, when once more transported through the streets and when dumped down in the barges again, is always in an advanced degree of decompo- sition. When the rain beats down upon the seething mass the foulest odors proceed from it, but when the sun again comes out the work of rottenpess 1s complete. Then the mass ferments and aoe forth odors infinitely surpassing anything that can bo imagined by the reader. Yesterday this was the case. Tne rain o1 two days ago had pierced througn the and @ thick deadly steam arose from the doek and the Meats barges. The huge congio- meration of putrid meat and fat, bones, rotten eggs, rotten vegetables and the thousand and one things that go make up what is commonly termed age,” gave forth @ putrescent acridly swoet ell which seemed to pervade everything. THE AVERAGE DUMPINGS inthe Vesey street grounds are 12,000 carts per month. The carts usually go down Vesey street, and, aiter dumping their loads, come back by Ful- ton stre:t. On their wey they drop more or less filth, which is, of course, left to rot in the streets, and particularly around the market itself, One of the nen connected with the market with whom the HBBALD reporter spoke yesterday said that he was greatly annoyed by this thing; that constantly the stench was co great from the droppings from the carts lying festering in the streets that the neighborhood became for the time being unendur- able, until this garbage was again collected and again placed on the carts, only sometimes to fall out once more. On the dock itself the dragging of the cart over the pier leaves a great amount of this rotten stuff around, which the cartmen are by no means anxious to remove, and which in the poi Me pl ove only there! ready ver lamentable state of ataire. ng y, ONE OF THE WORST FEATURES Of this carelessness in sropping these icles lies in the tact of the dilapidated condition o1 the plank roadway in West Washington Market, where such drippings fall between the crevices and are probably never removed, remaining there until they say after Biving their due quota of bad odors, Tot away until they fall away to dust. A butcher in the West Washington Market told the HERALD reporter yesterday the stench from the damping grounds and the pieces of refuse left Ground attracted to the neighborhood vast quan- tities of files, which spoiled and bloated the meat for ale 680 rapidly decam in the en f ie item in the profit and loss account, He Washington Market men sincerely desire the dumping remoyed to same other locaili that he had no doubt it would be, because th! , ana was & question In which the whole pavlic was interested, i Upon it depended to no amall extent the healthi- ness of the food which New York eats. For West Washington Market the odors and for Washington Market the rotten aust makes a Ga great differ. ence in the purity of the eatabies sold. To-day the Dook Commissioners have a meeting, a wit no doubt, take some action on the subject POUSD DEAD IN A OHAIR Coroner Herrman yesterday held an inquest at 643 Eighth avenue over the remains of Mr. William Guthrie, a stonecutter, who was found dead sitting in his chair. Deputy Coroner Cushman made an examination of the body, and found that death re- sulted trom heart disease, and such was the ver- dict of the jury, Mr. Guthrie was forty-five years of age and a native of Scotland. Deceased was father of the child arrested a few weeks ago on suspicton of murder, in being concerned in Gye the death of a boy whose dead body was foun buried beneath a bank of earth in Eighth avenue, near Forty-sixth street, after near! 4 two weeks’ absenco, There was not a single word of eviden: against the child, who was honorably discharged. SEIZING CANAL BOATS POR TONNAGE DUES, . Bavrmors, July 30, 1873, Ashort time since the United States District Court of Maryland in a case before it decided that canal boats engaged in transportation of coal, &c., between this port and Philadeiphia were not each vessels within the acts of Congress as required them to be enrolled and iicensed and to lest ton- age dues, This decision, it appears, Was not In ac- cordance with the views of the tne ke Ml t Ment, and to test the question six canal boats o! Pennsylvania company nave been seized by the United States Marshal under proceedings to force the penalty for violation of aets of Congress, The boats will be released to-day by United Staieg Commissioner Rogers under stipulation, It is claimed that each boat is Mable to $75 tonnage dues and £70 li@bthonse money, THE COURTS, ‘The Board of Health and the New York Fere tlizer Company. ACTION ABOUT BONDS Yesterday Nicolo CiakeNc, Mateo Ontanovicx and five other sailors of the Austrian vessel Cleopatra were charged before Commissioner Osborn with having deserted from that ship. They were com mitted for examination. Henry Freund, who had been charged before Commissioner Shields with giving “straw bail” in a whiskey case, was discharged, the evidence for the prosecution having failed to establish the accu- sation, A capias has been issued in the case of the United States ve. Daniel Butterfield, C. K, Garrison, Wil-, Ham G, Fargo, J. McB. Davidson and 8, @. Wheeler, to recover $8,000 om their sealed bond in favor of D. Butterfield, dated June 26, 1869, Mr. Butterfleld had been Assistant Sub-Treasurer, and, in making up his accounts, a deficit of $3,000 was discovered. It 1s supposed that this deficit is the result of some mistake in the papers, and, while no fraud what- ever is attributed to Mr. Butterfield, the suit is brought to ascertain where the mistake lies. A capias bas been issued in the case of the United States ve. August ©. Downing, Francis Dougherty and Graham Rogers, to recover the sum of $75,000 for alleged vivlation of the customs laws. Nils Johnson was oharged yeaterday before Com- missioner Osborn with deserting from the Nor- wegian bark Auguste. He was held for examina- tion, POWERS AND DUTIES OF THE BOARD OF HEALTH, The New York Fegtilizer Company Asks an Injunction Against the Corpora- tion—Decision Reserved. In pursuance of an order granted on Tuesday last to show cause why an injunction should not tague against the Mayor, Aldermen and Common- alty to restrain them from interfering with the business of the New York Fertilizer Manufactaring Company, foot of West Fortieth street, North “River, Mr. Prentice appeared in the Supreme Court yesterday, before Judge Pratt, on behalf of the Board of Health, who have stopped the busi- ness of the company in question as a nuisance, Mr. Wardell and Mr, Vanderpoel appeared for the company. Mr. Wardell read a long statement containing the arguments and allegations on behalf of the company. They say they have acquired from the lessee of the pier the right to move their verse! there. That they take blood every aay fresh and sweet from aimimals killed that day, put it into steam and air- tight tanks and ary it periectly in a few hours, and perfectly free from odor, and by & peculiar process all gases and odors created during the drying are consumed, Judge Pratt asked whether the Board of Health: had decided the business to be @ nuisance, Mr. Prentice said they had. ‘Tho plaintiffs ap- plied for a permit in June, and the Board refused it and sent them gn order to remove the business a8 a nuisance, detrimental to health, Mr. Wardell said the Board were ignorant of the plaintiffs’ busiuess, for they ground their order on slatewents my the piaintifts use chemicals and boil offal, which are uhtrue. Mr. Prentice said the Board haa dented a permit, and doclared tho place a nuisance. ‘Ihe vessel Al- gonquin {s itself a nuisance. The re, were aeking for an injunction after twelve hours’ no. ce. Mr, Vanderpoel referred to sections of the law of rl to prove that eight days’ notice need not be ven, baa ti Wardell asked for an injunction on the pli that the interference with thetr business malicious. Seven of tueir men were arrested on an untrue allegation that they were boiling offal; three for storing offal on thé vessel, which was untrue, and one for driving @ cart of periectly sweet and clean blood. The order of the Board prevents the carrying on of the business within the city limits, and orders the removal of the Algonquin from New York within three days. Every day that the business is discontinucd they lose $600; and they have $34,000 invested in the business, Counsel then read afidavits of oe: Chase, President of the company, and four or five residents of the neighborhood, who hoid the manufacture Dot to be # nuisance. Mr, Prentice, in reply, said the only point at ise sue was whether the Algonquin should be removed from the dock, and the main question was whether the Board of Health, acting within its power could be restrained in its ctfurts to protec the neral health. It was mere nonsensé to alk of drying materials in air-tight tanks; there must be some escape for the vapors or moisture, and though those accustomed to the odor might not perceive its olfensiveness, those where it was occasionally car- ried were more sensitive. He claimed, however, that under the sanitary regulations, section 80, their business was one requiring a permit. It in- volved directiy the collection and storing of animal matter, scraps and offal. He insisted that this wag shown by the plaintiifs’ own papers. Their conduct of the business without a permit was therefore a violation of the sanitary code in itself. But, besides that, it was shown by afiidavit and the order of the Board and the report of the in- spector that it wag @ positive nuisance. He here read the order of the Board served on the plaintiffs and the proceedings of the Board before the order was served. He also read the affle davit of Dr. Stephen Smith, that the material used by the plaintiff! was often itself highly offensive, and that offensive Eee escaped, and thatin his visit to the hulk his clothing became so saturated with the odor as to retain it some days, He states that be is informed that the plaintiffs have ex- anna inspectors. Dr. Chandler made a similar aM@idavit. Judge Pratt said the ae ae of affidavits on this scarcely worth while. If the question Wi er this was @ nuisance it must ve tried, If, however, the Board of Mealth had the power Ee it was only @ question whether tue Board had been regular in its proceedi He did not bee that the Board had acted on aay evidence in 18 case. Mr. Prentice referred to the certificate of Inv spector Jayne, and added that if anything further were needed to show on what they acted he would produce it by affidavit if time were given. As to the power of the Buard he cited section 80 of the statute, and called attention to the fact that the; had not after service of the order asked, accordin; to the law, any many for @ modification or revo- cation of the order. If there were an impending Parke te they need not even give such hearing, ut might remove it at once. This was a nuisance Withia not only the common law, but the very words of the statute. Mr. Vanderpocl observed that the Court would certainly not send them to have the question of a © nuisance decided by a Board two of whose mem- bers had sworn it Was a uuisance. Dr. Stepnen Smith said he had visited the premises within six months, when in fact the plaintiffs had only had them three months, and admitted that as con- ducted by their predecessors there had been offen- sive features, But in the indictment of the Gas Company it had been decided that not every offensive business Wasa nuisance. Plaintiffs wei pursuing @ lawful business, as much 80 as the gi companies. In Underwood vs. Earle it was decided that @ health ofMicer must show facts giving him a duty to interfere, and the same ground is taken in other cases. It is only Where the fact of the nuisance arent that the extraordinary powers of the Bi of Health cam be exercised, ‘ihere was a difference as to facia, Piaintit’s said they used no bones; Dr. Chandier said they did. it would be found the use of bones would destroy their machinery. There was an evi- dent mistake here—some coufusion between eatab- lishments, And then there were the aitidavits of neigabors. He submitted these points simply to how that there was doubt whether it was a nui- nce, He commented on the certificate of the in- apector, claiming it was entirely insufticient to support the order made for the removal of the whole business, The Judge asked whether this order was not in~ tended to give them notice to ask for a moditica- tion or change. Mr, Vanderpoel said the order was not served until the mischief was done. Before they had served it they had been continuously arresting their men and were arresting them. The Judge asked wuether the proper remedy for that was not an action for talse area Mr. Vanderpoel said that might be a remedy for the employed, but no adequate remedy for the em- 10; Whose business was broken up. He insisted irther that the order was made without proot. Mr. Hastings said there nad been other proof, The afidavits showed personal inspection by two members of the Board, and they could _ that in the form of a separate affidavit it needed, The Court said it was not v clear about the arrest of the employés, or whether, if he should decide on the maip question in favor of the Board | of Health, he should not grant the injanction as to arresting the employ¢s. ‘He would take the papers a an ide within tw Mr, Vanderpoel mire as they lad no sta: eee the Board of Health be stayed unt ecision. Mr. Prentice offered, if they would cease their CONTINUED ON NINTH PAGE,