The New York Herald Newspaper, September 6, 1873, Page 5

ail NEW YORK HERALD. SATURDAY, SEPTEMBER 6, 1873.—TRIPLE SHEET. THE CHIEF JUSTICESHIP Opinions of Leading Albany Lawyers of the Candidates. SENATOR CONKLING FIRST FAVORITE. Charles O’Conor, Judge Woodruff, William M. Evarts and Judge Cartiss, of Massachusetts, Mentioned. VIEWS OF LYMAN TREMAIN. The Appointment May Safely be Left in the Hands of General Grant. ALBany, N. Y., Sept. 3, 1873, Your correspondent finds many of the leading republican lawyers bere disposed to be quite reti- cent on the question asto the best man for the @Mce of Chief Justice of the United States, be- cause of the apparent indications pointing to Sen- ‘stor Roscoe Conkling as the coming man. Two of ‘thw class stated that they thought Mr. Conkling too mach of a politician to.be placed im that high office, yet they did not want their names men- tioned as expressing such an opinion, fearing it ‘might in some way react injuriously to them, . Jeage Isaac Edwards (republican), a prominent lawyer and one of the professors of the Union Uni- versity Law School, favors Hon. Roscoe Conkling cate, and bas ued 8 suceessful practice. I had the following conversation with him on the subject :— Benatp REPRESENTATIVE—Many lawyers with ‘whom I have conversed fear that he is too much of & partisan to be placed in that high position. Judge EDwWaRDs—The objection that they were partisans could have been made against every Obief Justice ever appointed. Many of them were Of pronounced political opinions before accepting office, which is one of higher honor and | ti i / L z Congress and a very edministration of Jonn Q. of Mr. Marshall's life shows Partly because o! bis signal sap- the administration. His successor, Chief Justice Taney, was nominated for a like reason— Re was an efficient supporter of the administration @1 Genera) Jackson. Thereiore 1 cannot see why an earnest supporter ef General Grant’s adminis- tration cantiot become @ trustworthy and reliable Chief Justice, and more especially when be has the ebility possessed by Mr. Conkling. VIEWS OF THE HON. LYMAN TREMAIN. 1 called upon Hon. Lyman Tremain, Congreas- men at large for the State, and succeeded in ob- SEE : to the person whom you would desire to sce ap- pointed Chief Justice of the Supreme Court of the ‘United States and your opinions upon that subject. Mr. TaeMain—Well, Mr. Reporter, | am not aware that my views possess any special value or public interest; but as you or your employers seem to en- tertain s different idea, I have no objection to com- municate such opinions as I may now have upon that point, although, as I have given to the matter mo particular consideration, my opinions must necessarily be very crude and imperfect. What- ever success may attend the enterprising efforts of the HmRALD to collect the sentiments of the Bar upon this subject, I have fuli faith that the action of the President in selecting the incum- Dent of this high office will be wise, and such as to Secure general approval. Genera! Grant has taken abundant time to inform himself upon the merits Of the several distinguished jurists whose names would be likely to be mentioned, and, with his sound judgment, good sense, unquestionable in- ‘egrity and the sagacity he has generally displayed im selecting the “right man for the right place,” Doth io military and civil affairs, the whole matter may saiely be suffered to remain in his hands, ELIGIBLE MEMBERS OF THE NEW YORK BAR. As my acquaintance is mainiy with such mem- ders of the Bar who would be capabie of filling that oMce with credit as reside in the State of New York, I snall confine myself to them. I might mention several names among the Judges of our Court of Appeals, including its clear-headed presiding Judge, who, in my humbie opinion, would adorn the office. If the rule of promotion, how- ever, should obtain at all in this case I suppose it would only apply to the Associate Justices of the Supreme Court, and therefore the Judges of State Courts would not be likely to be selected. Regard- ing the office as one that probably wonla be and yet need not necessartly be filled by a republican, and bearing in mind the names that bave been already suggested in the newspapers, or among Professional gentlemen, I can at this moment call to mind as among the moat prominent the names of Roscoe Conkiing, Charies Conor, William M. Rvarts and Judge Woodruff. SENATOR CONKLING undoubtediy enjoys, in a high degree, the cont- dence of the President, He bas been in the Sem ate and upon the stump a tower of strength vo this | administration, and it is not, therefore, strange | that his name should be so often presented im con- | nection with this office, Ido not hesitate to say that, in my opinion, he would make @ most excel- lent Judge and a worthy successor of the distim- guished men who have heretofore held that office. | Thave heard it said that neither his experience nor | Yank in his profession qualify him tor the piace, but I have entire confidence that he would make an excellent and useiul Chief Justice. HIS QUALIFICATIONS. It is now nearly twenty years since | Grat heard Mr. Conkling address @ jury at the Montgomery | Circuit, and I was most favorably impressed with his mode of arguing @ cause, He was logical, arguinentative, clear in his statements, foreibie im the presentation of his arguments, and had great power before the jury, He comes from judicw! | Btock, his father having been @ federal Judge of learning and ability. If he had not entered the Politica! field at an early day and been s0 long in | | | | | Congress I do not doubt that he wourd have won his way to the foremost rank in the legal profes sion, His argument before the Senate in the cane Of Caldwell, upon the resolution reportec by Sena- vor Morton declaring that Caldwell never bad been elected, was very able and exhaustive. Mix age is 'Y lavorabie, and, with his strong and Vigorous intellect, combined with an ambition to make @ record of which his country might not be ashamed, I am satisfied be would understand juliy the cases that might be argued beiere him belore they were decidea, HE MIGHT NOT accerT, Atthe same time, Ihave great doubts whether convinced that the country will have no cause Fegret his selection. ‘MR. CHARLES O'CONOR. Mr. O’Conor stands, by common consent, now the head of the Bar in this State, and | think may add in the United States. He is one of the few survivors of the old achool. Everybody would admit that if he should be selected we should have a Chief Justice who, in integrity, lofty virtue and great legal acquirements, would fully equal bis most dis- singuisbed predecessors, 1t ia pargly aganinje buat Mr. O’Conor’s views upon the partition of power between the States and the general government may be a little too strongly affected by the jealousy that was entertained by the older lawyers and statesmen of the country towards the central gov- ernment tobe in full harmony with the spirit of the age and the lessons taught by the war. But for myself 1 SHOULD BE WILLING TO TRUST HIM; for no reward, in my judgment, can be too great ior the Roman virtue and exalted dignity of character which belong to Charles O’Conor. As he belongs, how- ever, to the anti-administration school of politics, his selection is scarcely within the range of proba- bility, and yet if a democratic President held the office within hia gift there would, 1 am sure, be one universal expectation throughout the coun- try that the ermine would be placed upon his shoulders, JUDGE WOODRUFF possesses all the learning, experience, industry, patience and integrity that would be required ina Chief Justice. I know him well, The nation at large does not know his great merits as well as they deserve to be known. His selection would give very great satisfaction in the State; but it is probable that the custom of modern times to pass over the judges upon the Bench—a custom, however, which, unless there are special reasons of State policy to justify its adoption in a Particular case I think is @ custom “more honored in the breach than in the observance’’—would ex- clude Judge Woudruf, WILLIAM M, EVARTS would make a splendid Cntef Justice. He stands, perhaps, second only to Mr. 0’Conor. The country would regard his selection as eminently wise and judicious, By his masterly arguments and pro- found learning before the Geneva Tribunal he won an international, as he had already achieved a tational, reputation. But, without going any further, Mr. Reporter, you perceive that I think there is good material all around us. I presume the President will be able to find a man in due time who will be acceptable to the Senate and to the people. MR. JOHN M. BAILEY, republican, being called on, gave his opinion as follows:—The nation not only expects but demands ‘that the Chief Justice of the United States Supreme Court shall be a lawyer and a statesman of great learning ana eminent legal ability. The line of illustrious names that have filled that position must not be broken now by any appointment for personal or political considerations. I believe, al- thongh many disfer, that we are living in the golden age of culture and intellect, and that no man in it, for his years, has ® brighter mind, a keener perception, a broader or more charitable intellect—a man who ‘unites at once the schoiar, the advocate, the at and the judge—than Senator Roscoe Ibelieve his appommtment would meet with eral proval, and reflect great credit upon Judietat ermine. CHARLES & FAIRCHILD (DEM.), of the firm of Hand, Hale & Co., lawyers, thinks that J BR. of Massachusetts, is one of the three or four great lawyers of this nation qualified for the ition. Mr. Curtiss is @ firm, bold and just mins man. His famous opinion in the Dred Scott decision, dissenting from the judg- ment of Judge Taney and others, commands the re- spect of every leading lawyer in the world, and is referred to with interest by all statesmen. MR, EDWARD WADB (REP.), imreply to queries from the HERALD representa- tive sala:—a man may be a good and able execu- tive oMicer as President, but a Chief Justice must be @ person of different calibre. He must have a thorough knowledge of the law, and in giving his decisions be able vo free his mind of all partisan- ship. lam free to say oak ti Hon. Roscoe nited States, and pos- Diemish. On the score fitness they are the peers of any lawyers in the JUDGE T. J. ) suggested the name of Messrs. Charles O’Conor or Wm. M. Evarts. Both persons named are non-partt- of sterling in: rene. would be guided in ving at ions strict letter of the law. sccredited high abilities to Mr. Roscoe Conk- ing, but feared he lacked thi penne and was too bitter partisan to Mill the éMfce to the satis- faction of the Bar of the nation. Mr. Conkling would make bg 4 President. Judge Van Alstyne named Juage L. B. Woodruff as his choice tor the En VAN ALSTYN®E (DEM,! "HE MR, EDWARD NEWOOMB im ome.) the law partner of Mr. John M. ley, stated that, for competency, integrity and all the qualifications ition of Chiei Justice, to honored at home and abroad for yd decisions the high character of the Court, he knew of no one who would bring more honor to the position than Judge Lewis B. Woodruf, of New York city, the present United States Circuit Judge. He has no superior, if any equal, for the office of Chief Justice THE CANADIAN ©, M. Second Day's Proceedings of the Royal Orrawa, Sept. 6, 1878, ‘The first witness called was Victor Hudson, who gave his evidence in French. He knew nothing about negotiations between Sir Hugh Allan and Americans; was @ member of Cartier’s Election Committee; knew large dums of money were sub- soribed by friends towards the elections; heard ‘Sir Hugh Allan Was a subscriber; did not know to what amount. Mr. Beaubien, to whom Sir Hugh Allan paid $7,000, was next called, but aid not appear, not having arrived in the city. ‘The Court edjourned tor an hour to allow Mr. Beatty's letters, which were produced yesterday by Sir Francis Hincka, tobe taken down and ap- pended to bis evidence. The first letter points out to Sir Francie the feasibility of constructing o Pacific Railway, mainly by the instramentality of American capitalists and such Canadian influence fend capital as could be subsidized. Sir Francis im reply shows that Mr. Beatty and the American company which be represented were under a mis- respecting the railwi the Canadian povetement. T kaserionn "cant, the 4m equal number of ual means mast also been the ae pices of Sammer Post, No. 94, Of ine epablie, for the beme@t of the Of wait Post, at the Academy of Music, which is sacrediy devoted to the retief of eoudere war The perlormance consists of « series ; | | Piet if H i t HE if | THE CYCLONE. How the Russia Felt the Cir- cular Storm. A VALUABLE RECORD. New York, Sept. 2, 1873. To THE EpITor oF THe Hexatn:— In the HERALD of this morning I observe a re- mark to the effect that it was as “remarkabie as it was fertunate that nene of our transatiantic steamers, incoming or outgoing, were caught in the merciless grasp of this wild tempest.” 1 beg herewith to enclose you a rough chart of the positions of the royal mail steamship Russia on the afternoon and night of Sunday, the 2th of August, showing her position on each side and passage through the centre or the storm, and also, 1 think, proving its true cyclonic character. The fury and strength of the wind and the height and irregularity of the sea were perfectly indescribable, #0 Tsball not attempt an impossibility, but con- cent myself with enclosing the chart, to show that wi re in the centre of the hurricane and exposed to its wildest fury, ‘The gale commenced with us at south, shifting rap- idly to southeast and east, where it blew for about three hours, whilst we were ranning at the same fume about fourteen or fifteen knots west or west by south, true. We were then in the centre about half an hour—caim, with a terrific sea.on. Then a sudden burst from the westward, which lasted without intermission from five P. M., Sunday, to seven A. M., Monday. The hurricane proper lasted about seventeen hours, but we had strong gales and a high sea both before and after the passage. Its probable track—about northwest, I think—is taken merely from the one observation and wants confirmation from other quarters where the gale was elt, lremain yours, PRO BONO PUBLICO. CHART OF THE CYCLONE. *7 PE. e “60 GULF NEWFOUVOLAND 1 nthedhoe lamer BRETON 1—The Russia at four P. M., August 24, 1873—furious easterly gale. 2— The Russia at half-past four P. M. in the centre of the cyclone ; calm, light, variable airs and gusts ; heavy sea. $—The Russia at five P.M. Furious hurricane from west, continued until seven P. M. on Monday, the 25th. THE JOHNSON HOMICIDE. est Over the Body of the Mate mgine Schooner Wakefield. % The inquest touching the causes which led to the death of James Johnson, mate of the schooner Wakefield, who died of kis injuries at the Long Island College Hospital, Brooklyn, on Thursday last, was commenced, belore Coroner Whitehill, yesterday. The deccased was a native of New Jer- sey, was half owner of the schooner, was unmar- ried and appears to have been a pretty rougn customer generally. He was, according to the testimony, a man of intemperate habits. One Sun- day night, three weeks ago, he got into an alterca- tion in front of @ liquor store on the corner of ‘Thirty-ninth street and Eleventh avenue, New York, during which he bit a man’s nose off, whose name is John Downey. This was on the 12th of August. The man, in retaliation, struck deceased on the head with a stone. John Fox, the Captain of the Wakefield, was in company with Johnson at the time tne affray took place, and Downey asserts positively that he did nothing to incur the anger of his assail- ant other than to interfere and try and prevent the two men, Fox and deceased, from doing injury to one another. For thus playing the réve of peace- maker he was knocked down, beaten and part of his nose bitten off, John Fox, who was the first witness examined atthe inquest, testified that Johnson came on board the schooner on Sunday night last, while the vessel was lying at the foot of Thirty-eighth street; he said he had been struck on the head with a bottle and felt bad and that he had bitten a man’s nose off; this affair occurred about six o’clock on Sunday, August 12, on the corner of Thirty-ninth street and Eleventh avenue; he said, “I was there and he had to pull a man off me who then struck him on the head with a bottle; I remember being in a liquor store at the corner named and recollect a stranger attacking me, but as I was intoxicated I don’t re- member ‘anything more; could not recognize the men who struck me; did not strike Johnson that night; on the night he was struck with the bottle he came on the boat looking very bloody, and he told me he was going away; I gave him $ and I did not see him again until last Sunday, when he told me his jaw was sore and be could not eat; he told me he was too sick to work, and I got a man named Fanning to come on tne boat; we got to the foot of Amity street, Brooklyn, on Tuesday morning; on Wednesday morning he asked me to get him some pills, and the apothe told him to take three; deceased took four; aske the watchman on the dock for assistance to have Johnson taken care of, and the man told him that the Board of Health would take him in charge; in the evening the health authorities took deceased away; did go up to the hospital, but didn’t see him. By a Juror—The sloop came from Rahway Creek, New Jersey, before she came to New Yor! a8 AFTER NATHAN’S MURDERER. Evidences That the Police are Now Searching for His Track=The Memo- randum Sook Matsell’s Sagacity—Captain K: edy’s Mysterious Trip to Jersey—Where is Mrs, Irving? The tragedy that occurred so long ago in the house opposite the Fifth Avenue Hotel in Twenty- third street, by which a distinguished and es- teemed Israelitish gentieman, Mr. Benjamin Na- than, met his death, has never passed from the me- mories of any citizen who has a dread of a similar fate. Long ago the public came to believe that the secret of how this gentleman met bis death died with the late Superintendent Jordan, and the sending to the wash, on the morn- ing of the murder, of @ bloody shirt and socks that, the readers of the HeRaLp will remember, were called tor by the Coroner’s jury when Coro- ner Rawlings and Assistant District Attorney Fel- lows represented the people, and which were not torthcoming. Forrester has since been produced as the mur- derer by a successor of Mr. Jordan, but the prose- cution were forced to admit that he knew nothing of the tragedy, and the detec- tives, who, by the way, had declared that “now that we have secured Forrester, the Nathan murder would be solved,” dropped back into inactivity, until suddenly a thief named Irving turns upin San Francisco, admits his participa- tion in the murder, and offers to produce A CERTAIN MEMORANDUM BOOK, belonging to the murdered man, and even tells the contents of it! Ex-School Commissioner Lewis, whose name appears in the memorandum book, and other gentlemen, sustain Irving's statements about its existence and its contents, yet Superintendent Mateell imjorms Chief Crowley, of the San Francisco police, that he does not “want” Irving, who 18 charged in New York and Brooklyn with felonies, Mr. Matsell, at least, so tells the report- ers, and this fact’is published broadcast in the city, evidently to deceive the accomplices of Irving as to his intentions in the premises. No one who is Jamilar with the abilities of Superintendent Mat sell will believe that he has no desire to fully investigate the strange story of Irving. Were he to remain inactive aiter Irving's admissions he would lay himself open to severe criticism, and it is a pleasure to know that he and his oficers are quietly at work on the case, ihe HERALD has information that justifies the statement that the successor of Kelso, who made such @ mess of Forrester’s information is not sleep- ing off the effects of gout or old age, but has his men on the jump night and day wor! up THR CLEW GIVEN BY IRVING. Indeed, it is said (but the HERALD reporters had no means last evening of verifying the statement) that Crowley and Matsell are in legrepnie com- munication, with a view of getting ving to tell where his wife resides in this city and placing been carrying offal from Thirty-eighth street; we laid up there for three weeks; had been about 9 week at this place when the row took place; we never had any quarrel; we were in no otlier place than the liquor store on Eleventh avenue except a beer saloon; don't remember what took place when I was intoxicated; deceased was in the habit of drinking, 80 much so that he never saved any money by it; he did not accuse me of cowardice on the night he was beaten because lran away from bim. Dr. George H. Adkins, the resident surgeon of the college hospital, made aftidavit that he had made a ,ost-mortem examination of the body of deceased, and came to the conclusion that death pe from meningitis, resulting from injury to ne brain. The inqaest was adjourned until Tuesday after- noon, at four o'clock. THE MEXIOAN VETERANS, ‘The celebration by the veterans of the Mexican war on the 15th of this month of the capture of Mexico will undoubtedly be a very creditable and interesting affair. ‘The following letter of Mayor Havemeyer, in re- sponse to an invitation to be present and accept- ing it, as weil as offering the hospitality of the city, is of interest :— EXECUTIVE DEPARTMENT. Crty HALL, New York, Sept. 5, 1873. Major General JoserH Hooxer, United States seer, Cnmemae of Committee of Arrange- m Dean sin—I have to acknowledge the receipt of your invitation to be present at a reunion of the Veterans of the Mexican war, to take place in this city on the 16th inst. can assure you it will give me tT pe ned Pleasure to greet again, after an in- terval of twenty-five years, the survivors of the meu whom | had the hon meet and receive in iss on the memorable occasion of their return the field ‘of their triumphs, accom as they will be, many b: of the Davy as’ well as of the army who were distinguished in the conduct of that war, I ofer you now, as then, the hospitali- Mr. Nathan’s memorandum book in the hands of the authorities, This statement it tained by the movements of certain detectives yesterday, only one instance of which will be referred to here. The great point being to get possession of the memorandum book, _ THK ENTIRE CITY HAS BEEN SCOURED in search of Mrs, Irving. Some think she is a myth, that the police are searching for an ignis Jatuus; but it is known that a woman, supposed to vear the relation of wile or mistress to Irving, within a few weeks, lived ina tenement house in Forsyth street, near Grand, She has recently dis- appeared, and the cartman who moved her effects is sought for, Captain ayaa of the Sixth pre- cinct, who has from the first taken a deep interest in the unearthing of the murder, got a warrant irom the District Attorney’s office between eleven and twelve yesterday, it 1s claimed for Irving’s wife, who is believed to be on the Jersey side of the river and at the present writing nas not returned. It is barely possinle (but not probable) that ere the HERALD appears this morn- ing, he or some other of the many detectives who are at Work may—to use a police term—‘drop on’ Mrs, Irving and the memorandum books and the Jon; ught-ior clue be obtained. It is to be hoped that at last, through the cowardice or remorse of Irving, THE GREAT MYSTERY I8 LIKELY TO BE SOLVED, but the police have made so many flagrant mis- steps tnat few will be satisfed until the real as- sagsin is at least indicted, It would be useless to deny the fact that the opinion of many of the most experienced police omeers of the city is that the murderer was not a thief, but an inmate of the house, and even at this late day the act of Superintendent Jordan in send- ing young Mr. Nathan’s bloody clothes to the wash 1s considered @ very suspicious action for a detec- tive. It was his bioody shirt that General Frank Blair saw from his window in the Filth Avenue Hotel. It was his bloody socks that made the tracks to and from the door that at first mystified the aetectives; yet Superintendent Jordan ordered these garments washed, and thus prevented a microscopic examination of the blood on the articles, explaining whether the blood came thus fresh !rom a vein or after it was cold, when the son alleges that he stooped over the dead and mangled form of the tatuer he kissed the night be- the city and the assurance that the memory the brave services of that day ts still green and ratefal in the hearts of the people. Iwill be fabpy to meet you allas the gueste of the city at wernor’s Koom in the City Hall, at sucn an hour on Lt) inst. as LA convenient to yourselves. Yours very respectiully, We F. WAVEMEYER. Q Fs EXPEDITION TO THE HOLY LAND, Amether Chance for Mark Twain and Other Innocents. Newankx, N. J., Sept. 6, 1873, Professor James Strong, of Drew Seminary, Mad- ison, N. J., chief of the Oriental Topographical Corps, is organizing an expedition to Egypt, Asia Miner and Falestine, to start about Christmas. ‘The Professor will take a large staf of engineers, screntists and artists toaid him. A limited and fore in life. : In this connection {t may not be out of place to say that within @ week @ captain of police ex- pressed his belief to the HeRaLb reporter that no thiet committed the murder, bat rather an inmate of the house, and he stated that Judge Cardozo recently said to with a Knowing nod, that the murder would soon brought home to the guilty one. If it be true that Mr, Matesell is really. Irving in the San Francisco prison by means of the tele- graph, to clear up a m: that has killed one superintendent and reflected ne credit upon the detective ability of fr, he will receive the generous support of all citizens, who feel that nobouy’s life is safe until the assassin of Benjamin Nathan is behind the Tombs bars, A OHEBRFUL CORRECTION, In & report Of proceedings in a criminal case at Jefferson Market, @ prisoner, Miss Lizzie Lee, is said to reside at No. 118 East Twenty-third street, The character of the young br fy such, however, that her statement ‘was at time very much doubted, and it 18 now ascertained to have been untrue, as It 18 denied by the very respectable le who reside in the pie re house which one claumes as 5 STRANGLED AND BURNED, A Startling Case of Probable Murder and Arson in Williamsburg. A CHARRED CORPSE. The Suicide Theory Already Exploded. STRANGE CIRCUMSTANTIAL EVIDENCE, Arrest of Mr. and Mrs. James N. Merrigan. THE INQUEST YESTERDAY. The Theories of the Police and of the Neigh- bors and the Testimony of All Parties. THE CORONER’S INQUEST. A strange case of supposed murder and arson has occurred in Williamsburg, About hali-past nine o'clock on Thursday evening an alarm of fire Was sounded from the corner of North Second and Ninth streets, The residents in the neighborhood hastened to the place, A narrow passageway through No. 199 Ninth street gives access to a small yard in the rear, on one side of which stands @ dilapidated red brick tenement. From the sec- ond story windows of this building, in rooms occu- pied by James N. Merrigan, smoke and fame were seen issuing. ‘There did not seem to be the slightest commotion within the house and the usual number of terrified women were not to be seen. The officers and citizens, headed by a young man named Coe, rushed up the stairs, and fading the door to the room in which the fire was raging locked, burst it in. Not imagining that any one was IN THE Roo, the officers proceeded at once to extinguish the fire, which was found to be burning in a clothes press. The floor of a small room in the rear was found to be ablaze, and upon entering the apart? ment the charred body of a young woman was seen ona broken-down bed. The body was en- tirely nude. While the legs were found perfectly rigid, the feet remaining upon the bed, the head and shoulders were hanging over the side on the floor in the thickest of the flames. A HORRIBLE SIGHT. The fire was extinguished as quickly as possi- ble, but not until the features of the face had been 80 badly burned as to be unrecognizable. The nose and eyes were destroyed, and the side of the body resting on the floor was literally broiled. A TERRIBLE SUSPICION. In raising the corpse a piece of bed cord was found so closely tied atound the woman’s throat as to be almost imbedded im the flesh. A noose had been placed around the neck of the Ge- ceased, and the end of the rope had been drawn over the back of the bed. The police surgeon, who was at once sent for, made an examination of the corpse, and gave ita his firm opinion that death had occurred from strangulation. The terrible black mark around the neck, which is always pres- ent on the bodies of those who die on the scaffold, was to be clearly secn, The end of the rope hang- ing over the bed had not been burned, but had been cut off squarely as with a knile. The bedstead was broken as if by a desperate struggle. The sides of the bed having separated from the nead- board, the mattress at the head of tne bed had fallen on the floor. MORE STARTLING CIRCUMSTANCES. Astrong smell of kerosene pervaded the room, and the bedding, as well as the woodwork, was found to be saturated with the fluid. These facts were the sum total of the disclosures made at the tame of the finding of the body. The Captain of the Fifth precinct, who had meanwhile arrived on the ground, deemed himself justified in arresting Mr. and Mrs. Merrigan, who were present among the spectators, The woman, aside trom a desper- ate effort to save a worthless picture from the walls of the burning room, had not manifested any great degree of anxiety. Certain it is that she had not informed the officers oi the presence of her Iriend in the room. THE WIFR’S STATEMENT. There are many strange circumstances which go to show most unmistakably that the woman Mar- garet Hammil met her death by violence. They are here treated in the order which they seem to ates that the woman Margaret bout eight o'clock on Thuraday ‘They had been schoolmates Ropers. some money she made occasional culls upon her old friend, On Thursday night she claims that Mar- ret Hammil was intoxicated, and asked jor @ drink of strong coffee to sober her. The coffee being exhausted, Mrs. Merrigan told her visitor that sne would go out and buy some. She started, locking the door to prevent Margaret's while in such @ condition, and had not gone eny further than the street before the alarm of fire was raised. At the entrance to the aliey- way she metayoung man named Coe, who re- sides in the building, She came back with him, but forgot te say anything about the presence or her vishor in the very room where the fire was dis- covered, evening. and although Margaret was possessed WHAT THE HUSBAND SAYS. James N, Merrigan, @ carpenter, now locked up in the Filth precinct, says:—“I did not know any- thing whatever of the presence of Margaret Ham- mil in the house, 1 was absent attending a meet- ing of my lodge. I had not seen the young woman.”’ WHAT AN OLD LADY SAYS. Mrs. Coles, a widow, residing on the first floor of the house, directly under the room in which the corpse was found, stated yesterday to the HERALD reporter :—“I have resided only a short time in this house. lcame here about two weeks ago. not on terms of intimacy with the Merrigans. I am sure that on Tuesday morning last a lady of comely person and genteel dress knocked at the door and askea for Mra. Merrigan. ‘The visitor wore diamonds, a gold waten and chain and carried a red leather portemonnaie, I subsequently learned that her name was Hammil, and that she came irom New Yor! She went up to Merrigan’s rooms. I NEVER SAW HER AYTERWARDS. Late in the afternoon of that day I heard a sound 88 of a struggic in the rooms above. It lasted for several minutes, Then came & dull sound as of a body thrown on the floor. This was succeeded by @ long silence, 1 was not alarmed at the tim saw Merrigan leave last ao} ‘ His wife followed an hour ing she was met by my son-in-law, David Coe, who remarked to her that he smelied smoke. Mrs. Mer- rigan made no reply. After be! away a short time she returned, by which time the smoke had increased, and my son-in-law insisted on up to make an examination. Merrigan ntrance, aud screamed out, ‘Don’t , the kerosene will smother you!’ Mr. ater. the officers arrived, to find the AD WAS THE GIKL MURDERED ? David Coe, on being questioned, corroborated all the facts given by Mrs. Coles, and said that ne had noticed that the indicating that death had before the pee The heavy shutters were also jound all ‘was insufferal jot. There was Bo contortion of the limbs as if death had come from burning. Parker, the undertaker, who Keepe the I er, the under! wi @ Livi stable in the back end of whten the are H ha’ $150 on her person, and that she kas been. Soidee semen Stan Eee that there is Se t was in love with @ young Williamsbarg man, and that, some coldness having sprung ap on his part lately, she had been very despondent. ‘This may have been a motive for self-destraction. No one else seems to know of this fact except the Captain of the Fifth. ‘A VERY IMPORTANT FACT. Miss Knowles, of No, 203 Ninth street, handed to the sergeant in charge o1 the Precinct @ red Russian moroceo portmanteau, (similar to that carried by the unfortunate )» which she says was given to her by Mra, M¢ 2. Miss Knowles also delivered up a biack silk jue which was obtained (rom Mrs, Merrigan, Delonged to the deceased. A HBRALD reporter unable to elicit anything further from this The police had warned her not to say anything Rewspaper men, doubtiess knowing that the HERALD would be able to find ont all it wanted to Know without the help of the police, STILL ANOTHER COLNCIDENCE, ‘The HERALD reporter learned from one of the in- habitants of the dwelling thata boy had been employed all Thursday afternoon in removing the furniture of the Merrigans from the upper into the lower story, to a room which had been rented the prisoners, Certain it is that at the time of the discovery of the fire there was nothi in the two upper rooms bedsted. Where is this boy? Is it because the lice want to get this individual that they deny he reporters the liberty of speaking wit, whe prisonera? THE CORONER'S INQUEST, Coroner Whitehill intended commencing the tn- juest in this extraordinary case last evening; but inding it diMcult to obtain a competent ‘tury in time he concluded to issue notices to a sufficient number of good citizens to meet him at the scene of the tragedy at ten o'clock this forenoon, when he to empanel a jury. TSicwin'aines’adarbapare neo vttes to appear as jurors: pb R. Thomas, G. W, Bucking! * re Green, John Young, Charles Pendleton, ard C. Momtt, W. B. Boynton and W. B. Palmer. beok pnd altl the abel pag Fe n made, e that effect. eit be made this fore- Niel ough vee ii ton of waa many believe to @ thorough investigal be the moat deliberate and ‘cold-blooged that was ever committed for greed of gain. THE FATAL MAZEPPA PICNIC. probably: noon, when the Coroner and his [Ry murder Several Witnesses—Investigation Be- fore Coroner Herrman—W‘ Downey Pushed to His Death by a Policem: The case of Edward Downey, the young man (late of No. 497 Tenth avenue) who was killed last Saturday night by falling down an embank- ment -twenty feet high at 110th street and Eighth avenue while returning from a pic- nic given at Lion Park by the Mazeppa Coterie, a rowdy organization, hailing from the Twentieth ward, was yesterday investigated be- fore Coroner Herrman, at his ofice, No. 40 East Houston street. The friends of deceased sought to make out that he had been brutally clubbed by Roundsman Dacke, of the Thirty-first precinet, and purposely tumbled down the embankment, which, if clearly established, would make it a case of murder. No less than three persons came forward and deliberately swore that they saw the oMcer strike Downey over the head with his club and knock him down among the rocks; but as they evidently were prejudiced wit- nesses the jury, in the face of positive testimony to the contrary given by the police, did not believe them. Below will be found a synopsis of the most important testimony introduced before the Cor- oner and the jury :— Mary Ann Cumisky, a young woman living at No, 405 West Fifty-fourth street, deposed that on Sat- urday of jast week she attended a@ picnic of the “Mazeppa Coterte;’ met deceased there; started home before midnight; there were two Eight avenue cars together; there was'some disturbance on one of the cars, but not of any consequence; Downey was in the front car, and was taken off by an officer; he was on the front platform, from which AN OFFICER PUSHED HIM; the officer who pushed him off is a tall man with full beard; the witness got off the car; saw the ofMficer strike deceased with his club; Downey made no resistance; after Downey received the second blow he fell down the embankment; he did not fall atter being pushed off the car, but fell when deceased was struck by the officer; Downey was somewhat under the influence of liquor. Edward J. Carroll, of 447 West Thirty-ninth street, deposed that he went up to the picnic, le.t at near twelve o’clock and stepped on the rear platform of a car going down town; Downey stood on the front platiorm of the rear car and a quarrel took place in the car, but no blows were struck; Dow- ney then walked into the rear car and said “D—n the cops, they cannot put me off;” an officer re- lie sag “PLL SHOW YOU;" the officer caught hoid of Downey by the collar with his left band, and strack him with a club on the head, neck or shoulder; deceased was dragged through the front door, turned around and ‘Beles off backwards towarde the edge of the em- nkment; the officer then made another blow at deceased with the club; Downey reeled backwards and fell off the embankment; subsequently saw the body of deceased at the station house; there ‘was no fighting in the car; the man who struck de- ceased is a Koundsman; Downey was under the influence of liquor; I said to some one that a man had tumbled over, when.the officer told me to “keep quiet or you will be turned over.” Isaac D, Blake, sergeant of the Thirty-first pre- cinct, deposed that he attended the picnic of the Mazeppa Coterie at Lion Park on the 30th ult.; had six olficers with him; when the parties started home there was trouble on board an Eighth avenue car; heard that some one had assaulted a female; the parties were put off the car; there were three of them; was told that a man aboard one of the cars had a stone, and entering the car the man turned to the witness, saying, ‘‘You son of a b—h, you take me off the car!’? some of those on the car used most abustve and obscene langu: ; Saw no one struck with clubs; Roundsman Darke was there; heard that @ man had FALLEN OVER THE EMBANKMENT, John Galvin, of 497 Tenth avenue, deposed that he was on the car and heard some one say, “D—n the cops;” an officer, who heard the expres- sion, shoved past myself and Carroll, and, taking hold of deceased with his left hand, with his right hand hit him with a club and pulled him of the car backwards; struck him again with his club and tumbled him over the embankment; the sergeant sent an officer to see if deceased was dead, and found him to be alive; heard an oMfcer say, ‘it willdo him good;” deceased was brought up, and found to be dead; saw a gash on the forehead and om the back of the head. Roundsman James Durke, of the Thirty-first precinct, testiffed to the treuble in the car, and to being ordered by the sergeant to take TWO DISORDERLY MEN from the car, and did so, after much difficulty; heard a man had disappeared in the dark, and afterward heard thata man had fallen down the embankment; the witness poetry: denied strik- ing, Arden! that night either with his ist or his clw Charles B. Woram, an officer of the Thirty-first precinct, deposed thathe heard the cry of a man overboard, at which time he is Roundsman Darke was on the west some distance irom the embankment. OmMcer Kehoe testified that he heard an alarm of Roundsman Darke stood on the front platform of the car. tain Charles McDonnell, of the Thirty-first precinct, testified that the character of the Ma- zeppa baa J was bad; the reputation of Rounds- mau Darke as good, and he would stand 4 GOOD DEAL OF ABUSE Without using his club. While tain McDonnell was giving his testi- meny the witness Galvin, who had examined ¢ captain, and, pointing Cia: interrupted Rounasman Darke, said, “I saw you deliberately murder jpon he was checked by Coroner Hesrman, who wid him to bee quiet. Galvin seemed to Myrna deat of il-feeling and even prejudice against the police, aithougn he Was not @ member of the Mazeppa Coterie. Depaty Coroner Cushman, who made a post mor- tem examination on the body, testified that frac- ture of the stall was the cause of death. Coroner in an elaborate charge, wave the case to the jury, who rendered pegerne VER . “rhat Edward Downey came to his death by frac- ture of the skull, ecausa by accidentally falling down an embankment at 10th street and Eighth where PC Seas 27 : P