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4 ME FINANCL PROBLEM. —_———- Further Notes on the Subject of a Re- sumption of Specie Payments. National and Individual Economy a Condition Precedent. The Resumption of Currezey Payments by the New York Banks a “Previous Question.” President Grant’s Views Again Reviewed. Bank Reform as Well as Ourrency Reform Necessary to the Result. What Philadelphia Knows About the Matter. NO? POSSUM It is one of the best signs of an intelligent under- standing on the part of our business people of the exigencies of our present situation and that of the near future that no opinion has come from any source of weight, notwithstanding the agitavion of the question, arguing the possibility of immediate resumption of specie payments, or advocating any effort to bring about such result other than as the consequence of natural growth in national Productiveness and progress in manufac- turing industries. That sucl a conusumma- tion is most devoutly to be wished as a | means of placing us in a better position with re- gard to our foreign creditors all admit, but that it is a question not for the government, not for Con- gress, not jor the banks to determine is equally recognized by those who have any clear under- standing in the matter, but belongs wholly to the nation and the people, collectively and individu- ally, inthe exercise of a greater economy in na- tional and individual expenditure. This is the fundamental rule, the appiication of which is A NECESSARY CONDITION PRECEDENT tothe attainment of the much desired haven of financial peace and rest; but itis in the dimculty of enforcing this rule that we find the greatest obstacle to an early solution of this much vexed question. Attention has been drawn before in the HeRALp to President Grant’s recently expressed views on this subject, when it was pointed out how carefully he had avoided committing himself to any expression of opinion concerning the possibility of immediate resumption, any measures looking to precipitate action in that direction, On the contrary, his anticipated recommendations, all contained in them the element of caution, a purpose to reach the desired goal by regular ap- | proaches, @ constitutional Wisposition to fank the | | i | present situation. It seems odd this serious dis- cussion of specie Tesumption with $80,000,000 as about the maximum figure which the goverument could gather to meet such an emergency, while the banks of New York hesitate to resume cur- rency payments when there is over $356,000,000 legal tenders outstanding. Very properly the President has determined to THROW UPON THE BANKS A LARGE SHARE OF THE WORK OF PREPARATION for future resumption, or rather recommend legis- lation to that effect. The national banks have been the recipients of undue lavor on the part of the government and Congress, representing the or the wisdom of | NEW YORK HERALD, THURSDAY, OCTOBER 23, 1873—TRIPLE SHEET. ‘De made at the carlicst ble moment, and de- sire greatly that the immense business interests of our country may be placed upon their proper basis, but what people desire at present cannot be done, and government ought never to act so long as there is doubt concerning the result. Mr. Philer, Pres dent of the First National Bank of Philadelphia, being found in his office was asked, “What do you think, sir, of the condition of the bene attempt a return to specie payments }' Mr, Paitex—The question is at present earnestly considered in all quarters, Only last evening & number of my iriends were engaged in its discus- sion. The great difficulty 13 to ascertain the amount o/ gold actually in the country. LEP US SAY THAT THE GOVERNMENT CAN GATHER EIGHTY MILLIONS OF DOLLARS IN COIN. Then let the government announce that upon a certain day it will resume. You remember the run during the last crisis, and you can imagine the run which would be made immediately upon a proclamation of such 9 nature, There an ‘amount of $356,000,000 in Jegal tender notes, A very large portion of this sum !s held by the na- tional banks, These banks would at once run upon the government and demand that their legal tenders be redeemed for gold. A single day would exhaust all the gold the government could collect together. Hence it seems to me that, as earnestly as we all desire it, resumption of specie payment is entirely out of the question. Condition ot the New York National Banks. ‘The following is an abstract of reports made to the Comptroller of the Currency, showing the con- dition of the national banks in the city of New York at the close of the business on Friday, Sep- tember 12, 1873:— RESOURCES. » Loans and discounts. - $199,160,887 70 Overdraits., io . 182,459 04 Un'ted States bonds to secure circ lation 4 33,870,100 00 United Si POSITS ......... se ceereeee a 650,000 00 United States bonds and securities on hand..........+« aeaeeeeeeceseces 3,332,400 00 Other stocks, bonds and mortgages. _ 4,552,707 40 Due irom other national banks... 1,740,785 99 Due from State banks and bankers 2, 88 04 Real estate, furniture and fixtures... 8,469,984 33 Ourrent expenses, 905,622 11 Premiums.. 700,179 69 Checks and 2,058,769 53. 69 00 00 asl Exchanges for Clearing House Bills of other national banks. Bills of State banks Fractional curreucy.. Specie........ Legal tender notes, +s United States certificates of deposit tor legal tender notes. . Clearmg House certificates 67,807,740 2,617,506, 398)394 ¢ 14,585,810 55 21,468,530 00 10,110,000 00 700,000 00 seeeeese $389,456,310 48 iy ht. LIABILITIES. Capital stock.. 70,235,000 00 Surplus tund.. 5 Undivided proiits... Ne National bank notes outstanding . State bank notes outstanding. Dividends unpaid, Individual deposits. United States deposits. Deposits of U. S. disbursing officers Due to the national banks. Due to State banks and ba Bills payable Total..... $980,480.910 43, THE COURTS. The Criminal Calendar—The Powers of United States Commissioners—The Jurisdiction of the Court of Special Se:sions—The Thomas Casey Habeas Corpus—Heavy Verdict Against the City—What Constitutes Usurious Mort- people, ever since tueir creation, in bemg permitted | to draw a double interest upon their circulation— first, in the shape 0: mterest upon the government bonds deposited as a security Jor such circulation, and, secondly, in the loaning of deposits—it being well known that many of them make use of agents in the loan market to secure usurious rates. With all these privileges and opportunities they have not been satisfied to confine their business within the mits prescribed by law, but have permitted their required reserve of twenty-five per cent of their lia- | bilities (m coin and greenbacks) to run below that | amount, as Was the case belore the late panic set in, and which largely inereased the gravity of that crisis. ‘their subsequent action, wise and | prudent as it was, was simply brought | about through the instinct of self-preserva- tion, and acquiesced im by their customers from the necessity of tne occasion and | in dread of a bank panic, the eflect of which in 1857 is not yet torgotten. That such a result was avoided now was due, not to any inherent strength | produced by careful cr conservative management | or administrayon, but because of the security | given billholders in the provisions of the National Bank act. Had billbolders been without this se- curity and commenced a run on the banks, as they would have done, but very few of them would lave been avie to stand it. AS FIDUCIARY INSTITUTIONS they had not been faithiul to the trust reposed in them; as agencies for the accommodation of the public they were almost powerless in the hour of greatest need. They are still continuing their seifisn course, and by so doing breathing dis trust upon newly acquired coniidence checking the natural flow of currency, so mi needed at this tine. With such institutions it will be readily seen there must be some reform before resumption of specie payments can be hoped for. The President’s intended recommendation that the present legal tender reserve be gradually abolished and coiu substituted therefor is wise in this connection. It would be a virtual inflation to the extent of the amount Of jegal tenders now heid a8 a reserve in the national banks of the country, while the increased strength of the banks in the | gage — Decisio-s—Business in the General Sessions. In the United States Circuit Court yesterday, at 27 Chambers street, Judge Benedict continued the trial of Edward Lanze, who is charged with embezzling mail bags. Itis untinished and will be resumed to-day. Moses Golds:ein and Jacob Jacobson were yesterday charged, before Commissioner Osborn, with having, within three months previous to filing a petition in bank- ruptey, Violated the forty-lourih section of the Bank- ruptey act, by pawning, pledging and disposing of thetr property otherwise than in the legitimate course of their business. They were each held in $2,000 bail tor exam- ination. Yesterday August Reinhardt, a manuiacturer of lager beer, at 124 Stanton street, was charged before Com- missioner Shields with not paying the special tax re- quired by law. He was held in $500 bail for examina- tion, The Stemmler-Mazuire controversy as to the Judgeship of the Seventh Civil District Court, in which a verdict | was recently given in favor of Mr. Stemmler, ts by no jon for & new trial was to | means ended yet. The m have been argued yesterday before Judge Van Brunt, but for the convenience of counsel was postponed for a week. The city got mulcted yesterday in a heavy verdict in a trial before Judge Van Brunt, of the Supreme Court. It was a suit on contract for laying tng pipe in Third, Fourth and Madison avenues and the Bowery, ana a ver- dict for $59,968 19 was rendered in tavor ot John B, Green, the plaintiff. UNTED STATES CIRCUIT COURT. Opening of the October Term. Judge Woodruff sat in the United States Circuit Court yesterlay and commenced the business of the October term. The court room was crowded with members of the Bar. Mr. Stilwell, the Depaty Clerk, called over the panel, and a considerable portion of the Juds ‘was occupied in hearing the excuses of gentlemen who Were summoned to attend as jurors, There are S21 cases on the jury calendar. With regard t this calendar Juage Woodruff said it | would be first taken up. He supposed it wou'd be hoping against hope if he mduiged the expectation that lie could dispose of the whole of it during the present term. The substitution of goid for these notes would prevent | y considerable depreciation as a consequence of such inflation. AS AN ADDENDUM to this proposed recommendation of the President it is sugges nge in the reserve of the banks a gradual change be brougnt about in the currency by the substitution of a new govern- ment note, not a legal tender, for the present tender and national vank notes, such new nove to be secured, as the present national bank note: by the deposit of government vonds, and pla circulation through the banks. There is matte thought in this suggestion, a8@ means tq bring about coin resumption, by relieving the goveru- ment irom the danger oi undue pressure in the presentation of legai tenders when such resump- he pant announced, it 1s submitted ior what it worth. Philadelphia on Resumption. ‘The following views of prominent bankers and Others in Philadelphia concerning resumption wiil be found interesting at this time. They but echo the opinions before expressed by many of our Jead- ing men here, thoughts expressed above. In approaching this subject the writer has been careful to consult only | those whose experience has comprehended a great many years, and whose present position eore the community entities their opinion to no little weight. The ae Mentieman addressed was ANTHONY DREXEL, of the well Known firm of Drexel & Co., and the following Conversation took place :-— PORTRR—Do you think the resumption of specie Payments f possible in the prese: oar IX, wm © present condition of VREXEL—The iate crisis has undoubt brought us nearer to it thun we have been 1a Bry! but the resumption is impossible at present. it may be that @ resumption of payments in silver could come after a little, becanse silver has at gi attached to it but very little superticial WE, AS A PROPLE, CAN CONDUCT ovR BUSINESS UPON A GOLD BASIS JUST AS SOON AS WE, As a | PROPLE, LEARN TO BE ECONOMICAL, The government is like an individual; if he con- 5 jurse, approaches a more dangerous and | perplexing si our money at home at present exists in the manu- facture of our own ratiroad iron, and another means is now pig beginning to assume great proportions, namely, American shipbuiloing. But we are too extravagant. Our gold is spent in too great profusion jor fabrics which are solely the production of foreign industry. We have no means Of ascertaining the amount of ye in the country, While we know that legal tender currency exists to the extent of millions, It would not only be impracticable to resume specie pay- ment at this time, but it would also be Ampossible to resume at ie time upon a ant President of the Fidelity Sate De- Rogie? said a nf nich Imean the general con- pt business interests, 1 do not ees how re- a Of specie paymente can possibly be UNTIL OUR GOVERNMENT 18 PREPARED TO REDEEM est gala 4t present in the banks and among ‘ny Movement in this direction of @ nd harmonize generaily with the | spends iaore than his income he constant. | tuation. One great means of keeping” i probability was that the District Judge 8 eases. As to th in admiralty, re would find it e i As soon as th lawyers who we ty appeals, éc. aiting room, was left tor those whorema More than two hours we: ‘onsumed in fixing days for the trial of causes, several of which relate to revenue and customs maivers. The Powers of United States Commis- sioners. A jury having been empanelied, the District Attorney calied up the case of the United States vs, J. B. Hermann and Michael Hollaher. This was an action to recover the amount of a bond which the defendants had entered into to produce a party before Commissioner Betta in ry, 156%, for examination. Judge Woodrum. on gat the hond, said it was void upon its face, It 5 a pond taken upon adjournment from day to day. District Attorney. rved that all he desired was to the case Off the calendar. He. did not. suppose the 0 the bond were good for anything. Judge riff said he had held thi ommissioner had no power to take bonds for appearance on adjournment from day today, By direction of the Court the jury found a'verdict for the defendants, and the Court soon after adjourned till this morning. UNTED STATES DISTRICT COURT. Admiralty Case—Collision. Judge Biatchford was occupied yesterday, as on gev- eral preceding days, in trying the case of the Reading Railroad Company, owners of two barges, against the steamboat Pleasant Valley and the towboat Sam h The claim of the railroad company ts that thelr boat, while in tow he Xam Rotan, were run into by the Pleasant Valley and sunk. The fault alleged against the Piesaant Valley is that, in open daylight, on a course u river, she unnecessarily changed her course to the west ward and crossed the bow of the tag, the allegation bein that the pilot was either negligent or intoxicated, and supposed that the boats were pas from him while the: were coming to him. The defendants allege that 4 was after dark, and thatin consequence of the want of lbts on the propeller and the fact that they were mis- tuken in her course they did not have any notice what time | way they were going until it wastoo late. The case is | still on, SUPREME COURT—CIRCUIT—PART 2. Heavy Verdict Against the City. Before Judge Van Brunt. During last year John B. Green took the contract for laying big pipe in Third, Fourth and Madison avenues ana the Bowery. The Comptroller would not pay him, and 0 he brought snit agai eaterday in this Court Mecare 5S: De orker, Assistant Corp; fenee and claimed that th was ii Hicval, and the prices charged exorbitant. unt heid that t he contract Was resuiar, and directed a ‘diet for the plaintiff fo 9 F ‘ amount claimed, with interest Nelms the sult The Tenth National Bank Sait. In this suit, brought to recover from the city $21,261 94, interest on money advanced to the Department of Charities and Correction, which was also defended by diet pment ayment- of the absoluie and a bur to any'sult in the premio” SUPREME -cOURT—CHAMBERS, The Special Sessions Exceeding its Jue risdiction. Before Judge Fancher. George Copeland was brought before Justice Fancher yesterday in obedience to a writ of habeas corpus which a would resumption ought to had been granted the day previous, It appears he was tried and convicted in the Court of Special Sessions on October 9 upon a charge of petit larceny, and sentenced to an imprisonment of six months m the Penitentiary. cused snatened trom the hands of a small boy, the sum of $5 0Uin money. Upon the return Williou #. Kintang Stated to the Court that a writ of crdorarl hat beer allowea in this case, returnable atthe next Gene! of the Supreme Court, to review the proceed Hy ot Court below, and that the present was un application to bail the prisoner pending the appeal. tic arged that the Court of isd special Seastons has only power to (ry, meanors, Whereas the iacts in the case showed that (he accused. if guilty at ail, Was guilty o! larceny trom the Person, which, by the laws of 62, ig inade. a 10.00), &R offence over which the Court of Special Sessions has no jurisdiction. “ihe Court might ag well, be claimed, try murder cases as try th’s class of offences. Assistant trict Attorney Lyon sald that he thougnt the point well taken, and that ihe practice of the Vourt of Special Ses sions ‘in trying cases of this character ought to be con. demned, and that, under the cireumstances, he could not vonscientiously oppose the application o: counsel, Judge the application, fixing the bail at cS Fancher grante Sluw, Habeas Corpus in the Case of Thom Casey. As soon as Thomas Casey left the witness stand in the Stokes trial, where he testified on behalf of the defence on Tuesday, he was arrested by one ot the keepers of the Penitentiary on the charge of being an escaped convict, and hnmediately, upon order of Judge Davis, conveye to blackweil’s Island. ‘This summary procedure did not meet the approval of C: ind he clains his arrest and detention to be illegal. Un his behalf Mr, Willi. F. Howe applied yesterday tw Judge Fancher ior a writ of habeas corpus, which was promply granted. The writ was made returnabio this morning, when te case will come up tor argument. Decisions. By Judge Fancher, Anderson va, Andersoa.—Motion to discontinue without costs raniec on payment of reieree's tees. Covert vs. Lucky.—Motion denied with $10 costs, to abide event. In the matter of Ferdinand Mayer, a supposed lunatic petition for writ de lunatico inquirendo granted and commussions granted, eniuziey vs. Ely.—Alotion denied with $10 costs, to abide ent SUPEMOR COURT—TSIAL TEAR—PAST tl. setting an Alleged Usurious Mort. gage. Before Judge Freedman. Alfred J. Cammeyer and George G. Nason vs. Thomas Hamilton and John Stewart.—Tho plaintitts were the lessees of the bullding Nos. 223 and 226 Bleecker street, and had rented the store in that building to Messrs Coons & Bowes, druggists, before the Ist of May, 1807, The evidence showed that betore the 15in of May, 1867, Joseph Bowes was in partnership with Coons, and, de- siring to buy out the interest oi his partner, Coons bor: rowed irom his uncle, the defendant, Thomas Hamilton, <roctient a3 claimed by the inintifis, id pay him the $1,000, with seven per cent interest, and $0) in addition, for one year. ilton claims’ that the agreement was tor the re- payment of the $1,000 ani lezal interest only. ‘Ihe evi- d laint's part showed that Joseph Bowes on the va day ot July, owed then $31 for rent and on that day sold thei his stock of goods and the fix- tures ol the store tor that amount, but with the agree- ment that they should pay him anything that wasreal- ized Ly them atter they had gold the ‘contents of the store and fixtures, after dedneting expenses, and that they had paid Bowes the valance. ihe plainutts knew of the mort kage to Hamilton, but being advised by their counsel that it Was usurious and void, they theretore disregarded it. Hamilton soreclosed the mortgage by Stewart us his at. torney, and the plaintifls replevied the property under their bill of sale. claiming that beiny ‘usurious, was null and void. The mortgagor, Josep! Bowes, testitied that on the 1th ot May, 1857, he borrowed the $1,000 trom Thomas Hami ton on the agreement that he should repay him that amount in one year, with interest on $1,000 and 8800 Lonus, which was ‘testiiled to by three other witnesses. Hamilton said that the mort- gage was made out tor $1.00 and legal interest by mis- take, and that the agreement was that Bowes should re- pay," him only $1,000, with legal interest. There was conflicting testimony as to the value of the properiy, the plaintitts claiming it to be worth $30), while the detend- ants insisted that It was worth over $1,200, The Judge | charged the jury that if they found the mortgage to be { usurious they must find for the plaintims: if not, tor the, defendants, and in either case must assess the’ value of «the jury found a verdict tor the plaintits ed the value of the property at $80), on which the Judge granied an extra allowance of five per cout, For plaintiis, John B. Fogerty; for defendants, A. L. Macnab and Thomas Allison, SUPERIOR COURT—SPECIAL TERM. Interesting Question Under a Chattel Mortgage. Before Judge Van Vorst. Seth W. Hale seeks to recover $19,000 from the Omaha Nationai Fank, being the value ot the furniture of a hotel at Omaha sold by the bank under a chattel mortgage. Mr. Hale claims a prior lien, by way of a mortgage clause in the lease ot ihe hotel, which he rented to the parties who were sold out, and ot which he aileges the bank had due notic case has been before the Court of AP peals and has been sent bi for a new trial. Itis prob- abie that the trial will occupy two or three days. Decisions. y Judge Van Vorst. amon.—Order setting aside inquest, and cavse set down for trial for 24th inst Jessup.—Order that plaintiff have an the morigage, $220. y.—Order of reference. Durall, executor, va The English Evanzelical Lutheran Chureh O1 St. James.—Order that judgment ot affirmance of the Court of Appeals be made judgment of this | Court. Bronson ya. Elias—Order ovening inquest on terms and resoring cause on the calendar. Frisbie vs, Burr, Rathbun vs. Walker, Curtis vs. The Mayor, &c.—Orders granted, COURT OF COMMON PLEAS—TRIAL TEAM, Losing at a Game of Poker. Before Judge Loew. John Nolan was employed as booxkeeper by Mosers, | Hewett Bros., of White s'reet. Not long since he was requested by the firm to collect a bill of Nicholas D. Can- tacazer. ‘olan repaired to the latter's piace of business and asked it the gentleman wasin. He was told he was not in, but Mr. Noa preferied to satisiy himself on this point, ‘and so passed on to che genueman’s private office. le presented the bill atonce, and was greeted by a blow on the head with a joker. ' It was Mr. Nolan's decided impression a8 soon as he recovered his scattered senses—for he was seriously injured by the blow—that this one-handed way ot playing poker’? Was not justitied by anything laid down in Hoyle or other lezal authorit at, in other words, it “raise” without giving him @ show for his inoni e brooght suit for damages, and on the case being tried yes- terday in this Court was given §. amages. Itonly remains for Mr, Cantacazer to ad ‘settle, as he is barred trom further “raising.” | MARINE COURT—PANT 2. Action for Assault and Battery. Before Judge Howland. Sarah Tally, an infant, by her father, James Tully, vx Charles A. Grothe.—This was an action to recover $1,000 for alleged malicious assault and battery. The plaintiff testified that she was fourteen years of age, and resided with her parents at No, 25 8 Fifth avenue; that near the hous in which they was @ large factory, in front of which were heavy grating cellar doora. On the | | 24th of July, 1572, she was sitting close to (hese doors, one | of which “was Faised and fastened | | | Richter vs. Seull with a hook; and while playing with a baby she had in her arms one ot her legs slipped over the edge of the opening into the cellar, so #8 to be within the ne of fall of the raised door :'and while in this po: unhooked the door and n the dereudant came up, hrew it down npon her leg, tear: ing the flesh trom the knee to the ankie, and in conse quence of which contined to her bed for neariy four months, anc d intense pain, | Mrs. Mary Tully, the motier of the plaintiff. and Ea- | ward Stinson, o1'185 Gre testified that | they were near the “i saw the de- he time, tendant unhook the z door and throw it down upon the ehild’s leg. The defendant, who is the bookkeerer at the planing mill, 32and 4 South Firth ay destidied that at the time of this occurrence he was standing in front of the shop talking with a gentleman, and was at jeast tweniy- | two feet from the pl. the plaintat was sitting. | His ‘testimony wi ated by that of Rudoip! | Ruller, and seve witnesses, The Court instructed the jury that, owing to the con- ry, ro! the iesiimony they would be which side had the preponderance of root und determine whether the deiendaut would be ikely, under the circumstances, to cause such an in- injury to the plaintiff, or whether the falling of the door was accidental, The jary, without leaving their seats, render’ erdict for the defendant, MARINE COURT—CHAMBERS. Decisions. By Judge Joachimsen, Wolff vs. Buek.—The order complained of is within the Broper authority of this Court to make, aud was made in efault of pluinti, who thereby waived ail technical ob- Jections, No excuse is now made why this motion for relief was not sooner made, nor are the lashes com. plained of in detendant’s afidavits explained. Motion denied, with $10 costa. Scott va. Phillips. costs to detendant’s attorney. pe. Rey ve. Testy. a jotion srantes ‘4 payment of $10 *. ot consider irregularit w | Unless specified in the notices ii is aan Johnson vs. Rosenstock.—Case to be put on day calen+ dar for Novernber 15 Wilk Mansfield, Mendelsohn va Herrmann, Greene Philip ve Lightstone, Hartigan vs. Murray, Sweency.—Orders entered. COURT OF GENEPAL SESSIONS. The Maxwell “Perjury” Case=Motion tor the Dismissal of the Case To Be Re- mewed To-Day. Before Judge Hackett. Shortly after the opening of the Court yesterday Mr. Brooke, counsel for James E, Maxwell, who was indicted @ year ago for perjury on complaint of Luther R. Challis, of Woodhull eee Moved that the District Attorney be directed to proceed with the trial, the Reeorder hav- ing, at an early period of the term, peremptorily set down the case ior the 22d inst. Assistant District Attorney Rolling stated that the complainant was in Kansas and would not return to New York till November. Mr. Brooke insisted on his motion, bly Scat Challis ‘was trifling with the Court and knew that he could not substantiate the charge preterred against Mr. Maxwell, ‘otion granted on payment of $10 ‘who was a respectable citizen, The Kecorder was about to grant the counsel's motion, When it was discovered that the detendant stepped out of premature the appheation of his counsel was. suc necessary to empanel @ jury and let them pass upon the case, further action In tie matter was postponed till this morning. Grand Larcentes. Peter Mechan was tried and convicted of stealing $110 in money and $15 worth ot wearing apparel from the house of Catherine Mailoy, in Harlem, on the 20th of July. He was only arrested a few days ago by an officer, Who upon searching him found an order on @ pawn Mee, which represented some of the stolen proper tour yours. William J. Leveridge, upposing that Mh se it who on the 11 stole plece of cassimere, valued at the Property of 88) nal ded gullty to an atterny ntrand lar. a Tiomtha” sent to the State Prison for two years and lohn Pentenoy and Willia pf stealing 9 pocketbook, containtany onthe latins, tr Isabella McGinness, at ® pe ith avenue. They weré reman sentence The facts, an develoned on the tral, showed that the we. | latceuy, the indicwuess Sharyule Mast eeTaRt gtk Eran month ne stole $72 from Will . One in the Peniioutlary ‘was the phn ey by the Court. A Philanthropic Swinaler Pleads Gulity. > Edwin DusMverry, @ young German, pieaded guilty to an indictment for obtaruing money by false pretences, Assistant Disirict Attorney Rollins intormed the Court that the prisoner had succeeded in swindling a number of benevolent'y disposed persons during the summer out of abyut $a00 which he obta! by fopresomtiny the he was authorized to collect contrivutions for nse! 3 that he tate Pris ey to be remanded tll Friday in order to invest.gate lary instead ot the @ case, A Simple Assault. Robert Mason was convicted of assaulting Norah Daley om the 22d of June, in hor own apartinents, and was sent to the Penitentiary for three months. pe AER A AE at ng tna in the afternoon, ain ‘suid that among th iadietments for’ forgery in the third degree against An- drew 1. egret ee entiny Gieason aud others, charged with being implicated in the Wail street forgeries. SEFFERSON MATKET POLICE COUNT. The Employment Swindle. On Tuesday afternoon a young man named Poter O'Neil, of 553 West Thirty-fitth street, while walking in West street was accosted by a stranger, who asked him if he desired employment. He responded in the affirma- tive and agreed to accept a situation on a farm in Madi- son county. He accompanied the siranger to an office in Broadway, where he was induced to part with $a the money he had, on pretence of paying his tare to Caz- enovia. The stranger then slipped out of a side door and O'Neil, alter waiting some time, lett. He met the supposed einplover on Tenth avenue yesterday and pro cured his arrest. He was taken before Justice Cox, the Jetferson Market Police Court, where he gave name as James J. Lyons, of 53 Prince street. comumitted to answer, Dishonest Employes. George Chilvers and James Boyle, clerks in the employ of Morrison, Harriman & Co., merchants on Broadway, and William A. Lounsberry, were arraigned before Justice Cox yesterday afternoon charged with stealing a quan- tity ‘of lace, ‘valued at $200, irom the firm mentioned. Lounsberry was first arrested and a portion of the prop- erty found in his possession. He then informed Captain Williams, of the Eighth precinct, who arrested him, that he hat received the goods trom the two clerks. ‘They were cominitted without bail tor examination, Louns- berry was discharged trom the State Prision, after serv- ing a term for a diamond robbery, about two months since, YORKVILLE POLICE COURT. The Baby Farming Case. Counsel for the prosecution in this case appeared be- fore Justice Coulter yesterday and asked if Dr, Wooster, on account ot whose absence from the city the examina- tion has been discontinued, had yet been found. The Court 1eplied that he had not. Counsel tor Mrs, Roberts, the defendant, moved for a dismissal, which the Court denied. Counsel then moved that a day be named to hear evidence ior the defence. Counsel for the prosecu- tion agreed, and the Court set the examinationdown for Friday next, ut ten o'clock, The Assauit on Officer Hughes. James McCabe, another of tnose who is suspected of having participated in the assault on Officer Hughes, of the Twenty-first precinct, on Sunday last, was committed by Justice Coulter yesterday tor trial. The Eight Hour System. The bricklayers, piasterers an! tradesmen generally, who are employed on the Fourth avenue improvements, are working on the “ten hour plan.” The members ot the bricklayers society and others, who work only ight hours, are, of course, opposed to them, and on Tuesday some of these went to Seventy: sixth street und interfered, or, at least, are alleged to have dono so, with Gne of the contractors. ‘the latter told them to ‘leave, when one ot the num- ber—James Grogan, he says—ihreatened to throw him inio the excavation, on the bank of which they were standing at the moment. The contractor, James Heavey, drew a revolver, when Grogan and his comrades fled, Heavey fired one shot, as several witnesses testity, at the retreating form of Grogan, aiter pursuing him several yards. Heavey was held for trial at the Special Sessions, ‘and was very indignant in consequence, COURT CALENDARS—THIS DAY. Svrreme Court—Crrouit—Part l.—Oyver and Terminer business. Part 2.—Nos. 84444, 2254, 324, ipa tested B84, Beslan TA, 438, Obbya, S14, Big, 2%, 10K, L1Bsis, 1 Surrewx Court—Ganerat TeRM.—Nos. 113. 3, 13, 48, ¢1, 69, 70, a, 5 127, 142, 144, 146, 150, 151, 152, 112, 154, i 155, 16, 28 4, Surreax Covnt—Onasnans—Held by Judge Fancher.— Nos. 81, 83, 95, 103, 104, 105, 108, 107, 108, 109, 120. Call 127. UPERIOn Count—Part l—Held by Sudge B 719, 613, 771, 635, 821, (31, 479, 559, 723, G21, 605, 777, 783, 513, 827) Part 2—Held Py Judes Freedman.—Nos. 662) 794, 658, 708, 724, 706, 673, 712, 73034, 800, 802, 804, 806, 808, $10. s Sous Semin ion, P ere ‘exus—Part 1—Held y Jud uly. —Nos. 213, 382, 2428, is 2373, 1739, 2423, ‘DOUr.—Nos. 205, 751, 2258, 2195, 2860, 494, 332, 239), 570, 2011, 2012, Part 2—Heid by Judge Loew.—Nos. 2285, S21i, 131, 2279, 4512, 8547, 2425, 1639, 2333, 2077, 2170, 2826, 2393, 2008, 2 Court or Uosoton Pixas—Eaquiry ‘Txau—Held by Judge J. F. Daly.--No. 34. Case still on. ‘Manixi Count—Part 1—Held by Judge Gross —Nos. ry 2008, 01, 10, 2099, "1564, 3036, 2788, 2823, 2950, 274, 2653, 2835, 2364. Part 2—Held sy Judge Howland.—Nos. 3071, 2349, 2589. 163544, 3011, 273934, ‘BUY, 2891, 2853, 967, 3762, 2310, 204 % ul, Part $—Held Oy Judge Spaulding: ‘Nos. 2656, 2708, 2821, 2825, 2003 Syn, Bois, 1976, sar, W958, 2015, 698, 2708, 2767, 22, 2515, SL, 2387, Counr ov Uiensl Sessions—Held by Recorder Hack- ett—Tho People vs. George Carey, robbery; Same va. ‘Timothy Donohue, felonious assault and battery; same ya Daniel Neardon, felonious assault and battery; Same ve. timothy Hoy, felonious assanit and peter, same vs. William E. Reiley, felonious assault and battery: battery; me vs. Scott itoo- ‘an, burglary; Same Same ys. William Kelly, felonious assault and 8 John Murray, burglary; bi 5 obbins- and ‘Hen Kys ; Saine vs. William F. n John Lippoth, grand ¢ Wilson, larceny trom the ‘arrell, larceny trom the perso el Winners, larceny from the persot yan, larceny trom the person; Same vs Mary Thompson, larceny trom the per- son; Same va, Ada Garset, false pretences; Same vs. A. asius Smith, concealed weapons: Same vs. William Gi burglarious implements; Saime vs. jasait and battery; Same vs, John Geb- nd buttery. BROOKLYN COURTS, An Editor Committed for Contempt—The Law of Libel, Before Judge Gilbert. Tho attention of Judge Gilbert was again called yes- terday morning to the case of Mr. W. F.G. Shanks, a New York newspaper editor. who was before him the previous day for retusing to disclose to the Grand Jury the name of the author of an article entitled “The Brooklyn Ring’s Method,” which was published last August in the paper to which he is attached. Mr. Shanks continued to refuse to disclose the name of the wri and District Attorney Britton thererore moved that be committed to jail tor contempt of Court, Judge Gi bert on Tuesday having ordered him to inform the Gran Jury. iige Gilbert, addressing Mr. Shanks, said that the punishment in his case would be imprisonment until he obeyed the order of the Court. Wiile it was very com- mendable tor @ gentleman in his position to preserve tidelity 10 the rules of his office, yet be must not be allowed ert ends of justice. There was no rule of law that allowed editors to make rules to con- ceal the authorship of an article when the same is re- quired by the Grand Jury. It was an obstruction in the ‘way of justice that could not be tolerated. Mr, Shanks pleaded that he was entitied to be heard by counsel, but had had no opportunity to conter with his counsel. Judge Gilbert replied that if the counsel were present he should be glad to hear him. The Judge, however, did not think it was right to allow &@ contuinacious witness to dety the order of the Court. The editor disclaimed any desire to appear as contu- macious. This was a proceeding to indict his paper of some one on th and as he was a part of the paper he ‘thought he was bay id Telusing to answer, asit would tend to indict himse! Judge Gilbert directed that an order be entered, send- he answered the question as to the ing him to jail tn autnor of the articie. @ editor protested that he wi witness on the Stokes trial that day, and asked the ige that he would so order that he (Shanks) should not appear as having a contempt for the New York Court. Judge Gilbert said there were rules by which wit- hesges might be taken out of jail. Was no rule made by private bodies that could interfere Mic! Same vs, John kt Eliza Wilson an re with the law. Mr, shanks said he knew no law, but he knew his busi- ness to his emplorer, and proposed to du it. Counsellor EB. T. Wood, a iriend of Shanks, coming in court, appeared for him and suggested that he should be given until this morning to answer the charge. The coun- sel contended that the ne Gilbert held that the mn who writes a libellous article is just as liable as the paver that publishes it. The man that carried It to the paper is liable. That iurnished no immunity to the writers, The Judge said he was clear on the question and did not want to hear any argu- er shanks went to jail and now occupies the debtors’ room in that institution. The District Attorney and the Grand dary. At the request of the District Attorney the Grand Jury ‘Was subsequently brought into court. Mr. Britton desired to obtain the instructions of the Court on these threo questions :— Firt—Whother it is proper for the Grand Jury to liste: to Matoments other thaw from the. District Attorney of his sworn assistants in the Grand Jury room, relating to maitors betore not under oath? Second—Whether it is poe for any member of the Gang jury, his residence or elsewhere out of the lury Toom, to listen to complaints on matters be- tore the Grand J witness is brought before the Dis- Bi Third—Whethe' trict Attorney to give testimony in a case Where he hins self appears to be m particeps criminis, and subaequenthy compininis are made against him, he eun be indicted tor ie crime, Judge Ghivert replied to these que Pir — 8 as follows :~ ainly hot, You are liable to censure, ir not to punishme: nis! Second—It is highly improper, and would subject the pore, to punishment for contempt and the juror also, ‘he statement must be made before them under oath, in the Grand Jury room. Third—1 dow't know of any rule preventing them from finding an indictment. NM & witness is used ag in the case named, itis with the understanding that he is to be it free himself. Ifan indictment, therefore, was found would have to apply for a nolle pro- gut which would therefore, be idle w ih furth cis seaetad aeiaintane GITY_counT. Decisions. By Judges Neilson, McCue and Reynolds. cant Ne eae ‘a. ‘abide sthonstio. spi lar ances vant sun lathaw Ui oath new STOKES THIRD TRIAL. Public Interest in the Trial on the Increase. Stokes’ Father and Mother on the Stand. ALLEGED INSANITY IN THE FAMILY. Testimony of Dr. Fisher---The Pistol Wound the Cause of Death. How Doctors Disagree---A Habeas Corpus in the Case. THE PROOEEDINGS YESTERDAY. * as this, the third, trial of Stokes proceeds the in- terest in each new day’s proceedings seems to increase until, in fact, it may nowbe said that it has surrounded itself with all the excitement and sensation which characterized the proceedings in the former trials. The court room, halls and door- ways are now besieged with as large and curious crowds as frequented the same ground when the shooting itself and all its surroundings were fresh in the public mind, and the ments which were to be elicited from the princi- pal actors and witnesses of the tragedy were yet to be disclosed. The class of females who regu- larly attend murder trials hold it as an indisputa- ble right that their male inferiors possess indeed no privileges that they are bound to respect, and so unanimous and fervent is their belief in this idea that they display, on the slightest provoca- ton, an unalterable and positive determination to resent any infringement upon what they esteem their monopoly of place and position, and show a decided inclination to demonstrate their resent- ment by recourse to their parasols as offensive weapons. The most of the femisine attendants are above forty; some few fair, and not a small number may be called, with all due respect, frowsy. Not an inconsiderable portion possess that ro- tundity of igure which might vulgarly be termed fat. An unexpected mass of evidence 1s being put in which, to a certain extent, was excluded on the Most of it is merely corroborative, after ali, of what had been previously testified to nd what strength it may give to the defence of course remains to be seen. Judge Davis seems inclined to exclude nothing but what would be very objectionable and illegal to admit— infact, he is giving the defence the widest lati- tude. The testimony of Dr. Fisher yesterday was given with all the clearness and straightforward- ness with which it was possible to invest medical His cross examination brought out again his -twice reiterated belief that the pistol former trials. in substance, evidence. wound in the abdomen was death, and that the treatment observed through- out was proper, otherwise he would not have sanc- this extent, together with the ad- tioned it. the cause of mission of Dr. Tripler’s previous testimon: admitted from the stenographer’s notes, this part of the case is in exactly the same position as on the previous trials, Yesterday’s Proceedings. At ten o’clock Judge Davis, Messrs. Tremain, District Attorney Phelps and Mr, Russell, his assistant, the prisoner, his mother, Jather and others entered, and without delay—the jury having beem promptly on time—the day’s Dos Passos, work commenced. TESTIMONY OF H. E, DAVIS OfFERED FOR THE DE- FENCE AND RULED OUT. Henry E. Davis was cailed and sworn. Counsel for Stokes offered to prove by this witness that he was appointed receiver for the Erie Railway, and that when he attempted to taxe possession of the ottices he was inct by Fisk and a body of bis employes and by vio- lence prevented irom entering on his dutie: ‘Yhe Court ruled out the evidence as Exception asked and granted. Eli mest toos place; sollowed by one shot; she was Hart in the hall, On being croai-examined the Stokes ps Harty go alon; =) tne other tl ‘where he ought to have been; Re-direct—there was a dull k the hall art, whose pla ang to the ladies’ staircase: look atter hit ‘him. To the District Attorney—I had been washing in the hall that day from three o'clock ; I saw every Tr way ; did not see Stokes come up the ladies’ would have seen him it he bad; jong to parlor No. ‘Tremain said he oftered to prove t been subponaed on the first trial not used. truth of her evidence, was Hart who had the water was goin: ¢ On id of ing some pa itness said she first saw he corner of the elevator; she saw one of the with some water, but did not at the door; ward the office, heard one shot. ht on the ladies’ staircase at the time of the shooting; the prisoner came round the corner of the elevator, passed across the hall he had on a white coat. 'o the Court—I saw Stokes descend two or three steps of the stairs, I took a step or two from where I was to to be to’ ‘The Court ruled it out as immaterial, THE PRISONER'S FATHER 0) Edward H. Stokes, tather of the prisoner, aged seventy- ty twel re a three, said he has resided in the ci: vious to the shootit sending back to the he was confined at the house ot the d his having a sort of terror at. Gade g it. y tainted with bere . Hi insanit tA that cause, and my wife’s brother ing state for the last twenty years; I paralyzed. Q. Previous to the shootin, express fears of tar had re you had relatives of your fami ‘There are none pow; I lost a bro‘her from ag been in a despond- ave a sister Who is N THE STAND. ive yeat ou heard your son by Fisk? and if so state 8, ie when, where and under what circumstances, Objected to. Here followed a discussion as P the competency of the evidence. it was ruled out nally. . Tremain then offered the evidence for, three distinct purposes, the last one being upon the defence of insanity. The Court excluded the testimony on each offer, but rivilege of introdacin, detence of insanity it that defence was set up. eee discovered about my son # strange expres: allowed counsel the ally seized number of men there wi ° sald Erie road, and they reiused to open the door; quently 1 asked to get in to warm my hands, as it w: ‘warned me to go away; I replied rs, and would hold them Yery cold, and the; that I considered them Tespousible tor any damage that might eccur. torn: Yo the District At Lise some eight years before he Was ill ai illness was some disease of thi the iast trial; the illness was 2 ori Went out irequently; may pon 1¢ refining preinises from his mother by Chay ‘and he transierred the lease to a company, of which he was one; Harvey was also one company; iny son wi rested on & charge mi that he had C3 some $50,000 NERS MOTHER ON THR STAND. Mra. Nancy Stokes, mother of th “estited an to nis iilnens an sworn—She test ‘ag to his havii pa Lk pa that; I purchased the oil refinery in the year 1865; my ‘award had. th trol of the business ever Was arrested becat month of January ani was laboring under very serious & restlessness of the eyes Whi anxiety; I noticed it more wh he was never the sum of To the Dis mpAny ; 1) some one of the out of the concern which it few months pi his mental condtti ‘of the refining troubles put in the Tombs; after pt gh and had caused us consideran! tried on the charge; I went batl tor ier ir to Greenpoint . ver) iginaity take ‘was at my hous CLERGYMAN ON THE STAND. a Sydney A, Corey, clergymi Fourth avonue car some he had a large bundle hought would bres nee was be, he sup] And the resuitot it would lite at the han Fisk or some 2 mentioned Fisk's name he seeme asked if witness recoll ig ‘and said that he would shoot Crosexam! Went out at ve ‘of papers, ¥ Pney General, and which he foie wind break up we ele rings Stokes said: that AGED IN A SAVAGE FIGHT WITH THY RING, | the loss of his his’ men; when he greatly excited; he THE CASE OF POOR RATO! pected Fisk or some of his hirclings Be ls he went prepared when ho nd the conversa 08 Ce ee rAd red meeting stokes on a Prisoner slightly Fora iene previons iY the ahooun Ny tion terininated, MR. MARSH, ractised law in this iI know the pris. certain case; J wi at the 4 opty ie arene ae eat Femari by hin nh BATS BY Fisk. develop- f. incompetent. TESTIMONY OF ELIZABETH COONEY, beth Cooney called.. She was employed as a do+« in the Grand Central, and was in the hot) day of the shooting; she was washii right hand side ot the reception room when tl she saw the prisoner come around the ele- vator and descend part of the ladies’ staucase; heard some one exclaim in a loud voice, “Don't fire!" this was ‘ightened and ran up Stairs to the eau ne Apartments; did not see Thomas elon the off the he shooting person who did not see him 207 and look in; am positive ne n At the conclusion of the boat ef of the witness Mr, hat the witness ha taken before the Dis- trict Attorney to whom she made her statement, but was He offered this as @ sort of endorsement of the pistol when he remem- ig it on the nim ; he me 5 ‘on Mr. 4 Mr. stopped in Meck oharus re 3 Hdigation which 3 had previously conducted for oler wAN MT Ts tne a x fed that he knew: ‘ery, ‘lightly; hat occa. sion. to visit his office in Jul v he was standing ay hisdesk in bis room v1 col F of the Grand nora House; witnots observed platol, allver plated, othe, District Attorney—It wi . ‘tbout eleven o'clock ing when nt % was standing fg BOR Siis'l was fp his roam; the pivial wes at the farthest ond of the desk, om the flat parc; the ‘weapon Was about four or five feet distant from where 1s ¢ witness took Stokes’ pistol and illustrated the manner in which he saw Fiske by placing tt with some 4 paper over pari of iv on the ‘istrict Attorney's table. TESTIMONY OF R. J. WILKINSON, Robert J. Wilkinson used ‘o see Fisk at the pier of the Narragansett Steamship Com q occasion he came into the o pocket sonethiug resemb'ing a revolver, but coul ‘say what it was, from general appearance I should judge was a pistol. DR. FISUER’S TESTIMONY, Frank W. Fisher, M. D.—in January, 1°72, T was livi at the Grand Central Hotel; 1 saw Colonel Visk ab five o'clock P. M. on the day of the shooting, and a proceeded to the room in which he was lying; Colonel k wasin bed, his pulse twenty-six and irroguiar ; L gaye hina snail quantity of brandy and water; the State of the pulse and, respiration denoted periec: sate of health; | asked Dr, Tripler, who was present, what he =» id; Dr. Wood probed. the wounds for a little'time, and yr. White cont the probing tor two minutes w! he entered tho room. The wiiness repeated his formor testimony, alluding to ng he observed in the room with Fisk, the meas- ures taken for his benefit and the maxing of’ the will of e deceased, withous advancing anything new. At the usual hour the usual recess was ordered and for the usual length of time. Atter Recess. Mr. Tremain stated thathe had a witness who desired wo Ko away, he would suspend Dr. risher’s tesiumony until this witness could testity. HOXEE’S CHARACTER OF FISK. — ‘Thomas K. Hoxee, a lawyer, of Paterson, said that Fisk was well known in his vicinity, and that he heard his charactor discussed there. at wore his tempor and divposition? bieciud to, but objection waived. Witness—His character was that of a reckloss, un- chara scrupulous and desperate man. CROSS-RXAMINED. » To the District Attorney—i had met Mr. Fisk twice; — never had any quarret wiih him, Q. Did you ever hear that he was a genial and humor- oux gentleman? A. In ceriain places and among co: taim people, yos. Q. Was he not always good-humored and genialt A. No (decisively). | “Now don't you know that his reputation was tnat of a genial funny iellow t A. No (decicodly, again). gt vid you gver hear that he was persbually a great coward? "A. No. Q. fiave you read the history of the New York. riots im the press? “A. Yes, sir, Q. Did you not krow that he was accused of being a great COW;RITE A. in certain matters he was, no doubt, reat cowal * ie tromatn—Did you ver hear him threaten to hang anybody! (haughter), A. Yessir; ue threatened to > hang me. nh I—State how and when? A. In the office ot the Erie Company, at Paterson, he told me he would tike to take me out and hang me; Fisk turther said, “It 13 not healthy for men to cross my path,” and that he was reaching tor me; | went towards him and told him that no one was 80 likoly to die suddenty as himsoit. DR. FISHER RECALLED, id continued his evi-~ Dr. Fisher was here recalled dence. The witness was examined on the hall-hourl conditions ot Fisk from the time the witness atten him first until the moment ot his death. Inreply to the District Attorney the witness said that he considered the wound in the abdomen a fatal one, ‘The District Attorney—State whether or not, in your judgment, the treatment of the patient was propert Witness it'were not proper I never would have consented to it. Q. Then you consider it was proper? A. Yes. OTHER MEDICAL TESTIMONY, Urias G. Farwell, apothecary, corner of Amity street and Broadway, testified as to about the quantity of Inedicine, partidularly, morphine, were ordered by Drs. Hisher and tripler, althought the ‘Court sald it was only ‘a waste of time, and the District. Attorney sald it would not make any difference if a thousand pounds had been M. D., had practised in the for thirty years past; ‘to 4 certain extent the witn had made the aiudy of vegetable poisons a specialty Was familiar with Ga:es of poisoning by morphine.’ ‘The ‘witness was examined at considerable length as to what symtoms the case of Fisk showed, In his opinion Fi was dying from the brain, not from ‘the heart: the treat- tthe patient received would Increase shock, butthe —, waketulnes and liveliness shown by Fisk while under treatment did not indicate shock; the symptoms, as_he them described, would leaa him te the opinion death was due directly to the ADMINISTRATION OF MORPHINE. In reply to the District Attorney the witness stated that knowing’ all about the case, he should certainly no attribute death to the wound but rather to the narcotic; Fisk did hot die of the shock, but of peritonitis; the liver and kidneys were in a state of health, and he could x upon. the immediate cause of death as the administering of the narcotic. Did you over hear of 3 peng. shot through the abdomen walking block and a hatt without being conscious, and cying unconscious, without even having been narcotized? A. Such a thing is very possi! . When the patient is rational and conv fully, danger from shock is, A. ast, ig it not? sir. vg Ad Shen you have oniy'to'dread inflammation?” A. iy And that is. the proper time for the administration OTOP oare-f have known « man to swallow a pint ‘0 the Cou v of laudanum and still survive, but he had trained him- self to it by degrees. ‘The doctor gave a number of other illustrations before he was permitted to go down. ‘A HABEAS CORPUS IN THE CASE OF A WITNESS. Mr, Dos Passos arose while a temporary cessation was had by reason of the absence of a couple of jurors, said he held in bis hand a writ of habeas corpus a feandum. in which Mr, Stokes showed that W. F. G. hanka, a most important witness for the defence, was at ae naned Ludlow Street Jail under an order of Be Supeome ‘ol 2 The power of the Court in the prem- et was rel understood, and he asked that Mr. Shanks pr i veise Davis directed that the witness Deppoanoed in Court to-morrow moaning for the purpose of giving testi- mony, but for n r. John M,C next produced—For the past twenty years ring experience in various large om the State and city, ‘Was Health 01 port some. time ago, at iso member of the Board of Health; on the evening of the day of the shooting he was called in to attend Colonel Fisk; he saw some of the symptoms of Fisk's case and felt his pulse ; he attended the post-mortem examination; there Was not enough of inflammation in the abdomen to destroy life; there was very little hemorrh: or bleeding; the right side of the heart was full of z the other side had some blood in, but not so much as the other. ‘The witness corroborated in most part the testimony of of his predecessor. He thought, in substance. taking in the quantity of morphine administered and the nature of the wound, that the patient died from corna, which is the same as saving that soanee prematurely caused by the morphine given; death began at the he: The Court then adjourned. . THE STEPHENSON MURDER, A Remarkable Scene in Court—The Prisoner Refuses to Take the Witness Stand—Feigning Insanity—Verdict of Murder in the First Degree. The trial of the Russian sailor Mechella for the murder of Deputy Marshal Stephenson was con- tinued at Jersey City yesterday. The defence called witnesses to prove character. Among them was the brother of the prisoner, who testified throughean interpreter. When he laid his hand upon the Book to take the oath the prisoner raised his head from its accustomed posture be- tween nis knees, and, in an excited manner, said, “That ig my brother; he won’t do.” The brother took the stand, however, to the indignation of the * rigoner, When the witness alluded to “spells of ‘foolishness’ during youth on the rt of the pris- oner the latter protested vehemently, saying, You shouldn’t say such things; I have a good head * yet.’ He then laughed and muttered in Russian and broken English. The Court directed that the prisoner be beought nearer the Bench, so that hia ies carrying on jager under the ‘by & lot of persons and wi nd his mother on a Sunday night; 1 know of my son having been thrown into prison Civil sults; the next day after the 9 Greenpoint and tried to get into the ym it was ure I went over i there were a ‘were from thi rin mer as examined 0 as a company her, was next e revious: H that he he Dim in remarks might be heard distinctly. He entered into a dalogue with the interpreter and darted flerce giances occasionally at the witness. The latter was interrupted ea A the prisoner, who told bim to say nothing about their father and mother in Finland. Counsel for defence called on their client to take the stand, but he stubbornly refused. All efforts to persuade him were useless. Counsel said tha in the discharge of their duty, they would insist upon his taking the stand, even if compulsion wera necessary; but the Court observed that the spirit of the statute governing the case was Opposed ta compuision, Along and warm conversation then took place ed bcp his counsel and {pe interpreter. The pfisoner remarked at ono time, “Stephenson wanted the money Ia he don’t get the money; he want to kit ‘me; don’t and say nothing abou it.” He clinched his determination by the remart “If I get hanged I wont go.”’ Counsel at last gave up the effort and Dr. Buck, county physician, exal 2 rire to the prisoner’s mental con- dition, He beileved that the prisoner while in jail was either insane or feigned insanity. Mr. Williams then summed up the case for the » defence. He aaid they did not ask for a verdict of cooley Md bay) ag crime was of no higher grade than manslaughter. The Russian Consul General Bodisco was an attentive spectator during the day. He sat near the prisoner and held irequent conferences with counsel for the defence. ile counsel was speak- ing the prisoner lapsed into bis usual indifference and apparent stupidity, District Attorney Garretson replied on be! the State. Judge Bedle delivered an ex! charge to the jury, who retired to deliberate at a quarter to nine last night. At half-past nine they came into Court witn a verdict of murder in the first degree. The prisoner evinced no trepidation at the announcement that entails in Jersey the 2 penalty of death, He main‘ained the same atti- tude of stolidity, the same air of indifference that » he manlested arin the whole trial exceptin, le few intervals of excitement. Sentence will not pronounced till alter the lapse of a ew days, THE PHELPS EXAMINATION POSTPONED, ALBANY, N..Y., Oct, 22, 1973, ‘The examination of the Phelps case was further postponed till Monday next, at three o'clock. Itis u tood the reason for postponement is that paelpe will return the money, but Justice Mc- Namara says the case shall not thus be settled in his Court. A POLIOE MATTERS. ; Captain Irving and Detective Farley sent a com- munication to the Police Commissioners yesterday, Leh & trial on the chi newspapers. The loners ard that the case would be Op ot an cary Gay Yotgce dhe wos Hoard: