The New York Herald Newspaper, October 29, 1873, Page 3

KES THIRD TRIAL. clusion of the Summing Up for the Defence. District Attorney Phelps Opens for the People, but Has Not Closed at the Adjournment, ANOTHER DAY OF SUSPENSE TO STOKES, Able Arguments of Counsel For and Against. The Judge to Oharge and the Case To Be Submitted to the Jury To-Day. EIGHTEENTH DAY. Yesterday the court room of Oyer and Terminer was more densely thronged than any day of the present trial, and in (his respect paralleled if it did not outao even the closing days under similar circumstances of either of the other two trials. For atime the Court officers endeay- ored with all their might to keep back the surging and ever-increasing crow, but it was in vain, and there was nothing for them to do but give way and present the im- passable barrier of the people themselyes, jammed in the doorway, and far back into the court room ot Gene- ral Term, against any further entrance into the desired presence of the Court where the Judge and jury and counsel and defendant were all enacting the solemn drama of the hour. It was the most exciting as it was ‘the most serious day of this protracted trial, three times now before the public, and none seemed inclined to leave their seats, even when a recess offered an opportunity therefor. None but the privileged few—the Judge, jury, counsel and the prisoner himself—enjoyed the half hour’s relaxation which the recess offered, the members of the press even keeping their seats and communicating with their various offices by special messengers who carried the reports of the proceedings at short intervals to be published in the evening editions. Stokes stood the or- deal of the day with his usual nerve and unflinching demeanor; and, if anything could tend to sustain him therein, it was the eloquent appeal of his able counsel (Mr. Tremain) to the jury, who were so soon to pass upon his guilt or innocence. But every case has its two sides; and when Mr, Phelps, the District Attorney, prose- cuting for the people, presented the points upon which the prosecution rested, and answered opposing counsel by presenting bis views of all the circumstances attend- ing the shooting as testified to by the witnesses, and pressed their force and weight upon the jury, it was evi- dent that, after all, upon the charge of the Judge upon the Jaw of the case, and his résumé of the facts as elicited from the witnesses for and against, and the weight of the charge upon the jury’s mind. Stokes’ fate rested. Mr. Phelps made a very able address during the time he occupied the attention of the Court, but he had net closed when the Court adjourned. ‘The case will be re- sumed and closed to-day. Yesterday's Proceedings. OONTINUATION AND CLOSE OF MR. TREMAIN’S ADDRESS. Mr, Tremain resumed his address yesterday mormng immediately after the Court was opened, taking up his argument where he had rested at the adjournment on the previous day. He spoke at considerable length on the nervous fears and apprehensions ot the prisoner, as, 4n case the jury believed in the existence of them, effect ually sweeping away every idea of manslaughter or murder. The prisoner and the man he feared met unex- pectedly, and, acting on the principle of self-defence, the prisoner fired. Counsel read an extract trom Cicero, in which he eulo- gizes the law of self-defence implanted in every man's breast. He also read to the jury an extract trom one of the elementary legal books, proving it to be Incorporated into our common law. Mr. Dos Passos then read the statute of this State coditying these principles. Mr. Tremain then proceeded to consider the prisoner's testimony in his own behalf, He said the prisoner was under a moral coercion to go upon the stand and explain his motives in entering that house. The lay makes him @ competent witness, He voluntarily took the stand, laid his character open to attack, and he left that chair ‘with a character as unimpeached as that of the District Attorney. Then his story is corroborated in almost every particular along the whole line. It was roved that he labored under nervous fears; that he eard Fisk's threats to rauroad him and to wipe him out, and he knew the power and vindictiveness of his enemy. Thus fortified by so many witnesses, he tells how he enteed the hotel. He tells how he went inside, and up stairs to see that woman who was looking out of the window; how he was coming back, when SUDDENLY FISK APPEARS, and isin the act of cocking a pistol, and acting apon his fears and excitement he ened, “Don't shoot,’ and springing aside cocked his pistol and fired twice Upon his assailant, and then ina state of bewilderment, excite- ment, almost of insanity—nay, of insanity itseli—he goes along the hall crying out to évery one he met, “There's a man shot, go and get a do The prisoner was en- utled ¢ into account Fisk's character as known to im. He wasa man of lewd and loose associations, a yengetul, desperate. dangerous man, who was known to have instigated the attack on Mr. Eaton; an unscrupu- Jous man, as the great railway men who knew hin all testify.’ Not one witness came torward to testify to any Food qualities in Fisk; to say that he was kind, gentle, such a man 48 WOULD SHRINK FROM PUTTING MURDEROUS ASSASsT on the track of Stokes. To Stokes he was the man who gaia his touch was cold and claimmy a8 the grave, and that he threatened to serve him as he served katon. He was the man who had boasted of his control over the courts, who drives through the streets with his hariots by his side, The District Atiorney thought it strange that Stokesshould know these women to be Fisk's mistresses. When counsel was in Florence he was ointed out the carriages of Victor Emmanuel’s mis- sees. Ifthe asked his informant, “Come now, how do You know them to be mistresses?” the reply would be, “Why, evervbody in Florence knows that,” and the vin- dication would be complete. Fisk was the man who ran tho Erie Railway, with its hundreds of millions of capi- tal. He was the man who wore the admiral's cocked hat, and, not satistied with that, when he thought it necessary for his purposes, the power that makes colonels made him a colonel, and he rode on horseback, with a thousand muskets at his hack, “Oh, he was a coward!’ says the District Attorney. istol.”” Whata commentary on the régime under which e flourished, when Fisk, who would run away trom Recorder Hackett’s pistol, is made Colone|—Colonel of the Ninth regiment! To Stokes, Fisk was the man ‘who ran the machinery of the courts, who robbed him of his property and business. 1t was the agent of Fisk Who introduced the prisoner to the woman Mansfield. Unfortunately, the jealousy of Fisk was aroused, and then commenced a’ series of persecutions against the prisoner which are unparalleled. Fisk was chafin under the suit brought against him, He had threatened in the hearing of Mansfeld and Mrs, Williams to wipe out Stokes, and nothing was more probable than that, when delayed from keeping an engagement with the young ladies at the hotel, he should declare, with an ‘oath, that he would shoot him. Counsel next enumerated the Various proofs given that Fisk was ip the habit of car rying a pistol. He referred to the mony of Mary Dean, who saw Fisk come hack to the door, draw a pistal and go inside again, and said it was significant that the oachman who drove Fisk, and must have seen him as Mary Dean saw him, was bot produced, and neither was De Corley, whose testimony goes to prove that a second isto! had'been found. the prosecution say, “The cloak! ihe cloak! that terribie cloak! That is the ‘witness that cannot lie! Butitcan lie. The wound in Fisk's aldao- men cannot lie, for they couldn't very well make another bullet wound in him; but it was cary to make holes in the cloak. The cloak, as a witness, is utterly worthless; for to make it reliable they ‘should, ‘first of all, prove that it was in the hands of a person w: Wouldn't and didn’t alter it to suit the purposes the prosecution, The cloak was fastened up and folded across on a man’s breast, and thus paraded before them asthe position in which Fisk, a corpul ‘when go! p stairs. But this was wholly irrcconcile- able wit testimony of the witness Tommy Hart, that he saw the red lining of the cloak, and that Fisk’s hand ‘was on the banister. The truth is that there are so many holes in the cloak, of which one, two or five may have been added pertorations, that no theory can explain them all. But the theory'of the defence will account for the holes much better than that of the prosecution, that they were made while Fisk had his arm up. THE TRSTIMONY OF THK PRISONER; Ssinevery respect fortified and corroborated, and the story of Thomas Hart is disposed of by the evitence of Patrick Logan. Thus, then, the prisoner's testimon Deing corroborated, if he saw the pistol in Fisk's hand, he was not bound to retreat and run the danger of being Shot inthe back, Mr, Tremain next entered upon the dourth braweh of his speech, and argued that upon the evidence STORRS WAS INSANR; that he was insane upon a particular point; that if Fisk's attitude and conduct isposition towards him, and n Were not as the prisoner has sworn, then Stokes Was @ monomaniac; thatif there was no pistol in Fisk's hands, then Stokes was insane, At least ere «WAS evidence’ enough to raise a doubt as to whether Fisk had nota pistol, but if Stokes did pot, ashe says he did, sce a pistol 'in his enemy's hand, He was insane, and on this point the jury had itin evidence that he was descended of an {insane stock. ‘They had it in evidence that Stokes was apprehensive ot the evil intentions and power ot the great isk, te whom the doors of the Grand Jury room were thrown open when he came with additional evidence from the siuins Gnd houses of pollution to railroad Stokes to nrison. jumerous respectable witt proved that the prisoner yas going about everywhere ex ing bis fears. In s enemy on the stairs, Pistol, and crying out, Shoots his assailant; then, excited and bewildered, he runs back telling every one ‘he met shat a man was shot, and asking them to get a doctor. And now, in conclusion, continued Mr. Tremain, I submit that { have proved tho existence of a doubt on all of the four questions, although if onone it would be enough, namely—whether the pris. oner inflicted A MORTAL WOUND FROM WHICH FISK DIP whether he killed hina with murderous intent; whether the killing was not justifiable or excusable homietde, and whether ‘the prisoner Ww: stich a condition of Not to understand the re of bis act. and of the oaths you have taken, aittal of the prisoner. I know Attorney, and with what jaw against this 1 now utter a ow the oe the Distrigt Attorney, but there is thing he can never do, an never breathe the ath of life Into the corrape and perjured nostrils of Mart Gentemen, 1 O00 Jor the pew evi \ \ “He would run away from a | NEW YORK HERALD, WEDNESDAY, OCTOBER 29, 1873—TRIPLE SHEET. 4a] ‘pa iter and te or and hour come w! ny poh e+ shall be estab- and Hout ie near at ‘Oh, itlemen, bee tnereitull not let the sword of justice (here counsel was inaudible WJ ae yng = a . Gentlemen, he | co Srcert Pe Anon” in which "he. has been” con- 0 nearly two ye: ‘with hair prematurely fray, condemned to aie, and yet living. Spare him, xeu- en. It is the least measure of justice you can vive him. I bope that no such sad tortune awaits as that 1 shall again be compelled to witness a scene like that which transpired in this room when, at the gloomy hour ‘ot twelve o'clock, I saw twelve men sit where you now sit and heard the terrible words, ‘Guilty of murder in the first degree,” and heard such a heartrending, heart- bursting cry come from the lips of that affectionate sis- ter thatit remains imbedded in my heart and imprinted on my memory and still lingers in my ears Oh, IT hope to be present at @ scene of another descrip- tion, when the prisoner’s innocence has beem vin- dicated, and it will be said that he is no murderer, and your verdict shall gene him out a free man from this court house to live a life of honorable usetuiness. and prove that you have pronounced a verdict of truthful- ness in saving Edward 8 Stokes from the peril of an in- famous death. At the conclusion of the address a short recess was taken, DURING RECESS. Very few left Court during the recess, and that part of the room where the ladies sat was like a raijroad re- freshment room, there was such @ Vigorous consumption of sandwiches abd candy. After Recess. MR. PHELPS SUMMING UP FOR THE PEOPLE. District Attorney Phelps commenced to sum up in behalf of the people. He set out by a complimentary allusion to. the eloquent speech of counsel for the prisoner. He said :—But there were some things in the argument of my learned friend which were not so becom- ing the place and the occasion—assault upon every one connected with the prosecution, He has heaped denun- ciation upon every one connected in any way witb the prosecution, from the learned magistrate who presides with stainless honor over the principal criminal courts of the city to that poor Irish lad whose only fauitis that he is @ too unwilling witness in this case. I may con- gratulate the counsel that he has discovered new things for to his viston, to his heated imagination, em to have passed away, and to have been succeeded by new things. HE HAS RISEN TO THE WEIGHT OF PROPHECY, and delincatea for us a new heaven and a new earth: an earth in which the crime shail be not to doa murder, but to see it done; anda heaven to which no faithtul, honest, earnest magistrate shall be admitted, to which no prosecuting officer, young or old, who acts from a sense of public duty, shall gain an entrance, but a heaven where the saints shall Assassing, Whose gates, on brazen hinges turning, are to tallopen at the touch of a Congressman at Large to admit the angel choir, headed by Dean and Cooney, and the martyrs headed by Logan, the ex-policeman. For one whole day have been poured into your unwilling ears torrents of denunciation and vituperation such as I haye never seen equaled or approached, The learned gentleman is dis- tinguished, we all know it from his own lips. | He told us of his vast experience in our courts, and ot the forensic laurels that crown bis brow. fle Nas exhausted the re- sources of literature; he has read Cicero from a transla~ tion; he quotes from the Bible, and he has it written down, He is eloquent; your Hearts have felt it; then why all this, except that my learned brother, eloquent and distinguished as he is, hax felt himself so hemmed in by the law and by the facts in this case, thathe had NO OTHER RESOURCE BUT DENUNCLATION, which was to be heaped broadcast upon everybody con- nected with the prosecution, under cover of which there might be some escape for his most unhappy client? Mr. Phelps then spoke of the solemn, duty devolving on the Prosecuting officers, who were private eltizens when the crime was committed, and of the duty devolving on the jurors. He referred to the rumors about the conduct of counsel.and of the jurors, but said he would not discuss them. The responsibility now resting on the jury, he said, is one most grave, because It brings the jury face to face’ with the question whether the gilded hand shall push back justice, and crime be shielded by traud and falsehood, and the skill, learning and resources of two professors shall secure’ for this prisoner immunity hefore the law from the consequences of hiscrime. The defences to this indictment may be dealt with under three heads:—First—It is contended that the kulling was done in self-defence; that it was the doctors who killed that he was insane, Taking up first the detence ot insanity, counse there was ab- solutely no proof of that disease of the mind which pre- vents aman from judging of the nature of his acts— nothing but the evidence of the prisoner's parents, who could not believe that their son was in his right mind when he committed the crime of murder, and such a defence was nothing else than an unblushing imposition him; and on the intelhgence of the jury. Then as to cause of death, the wound was a mortal wound, because the man died of it. | Only ten per cent of such wounds ever recover. A few wonderful cases of recovery, exceptions to prove the rule, were betore the Jury in illustrations in the Surgeon circular. {1 it was not the rule that people die who are s0 wounded they would not parade these few cases as something remarkable. And the jury must have Noticed that not one of these cascs was one of such lace- ration as the wound inflicted upon James Fisk. So aan- geTous was that wound considered that even before they new how serious it Was, for they could not know it antil atter death, but trom the meré fact that it was a pene- trating wolind of the abdomen, the surgeans,con- curred in recommending him to imake his wil. They all concurred in a certain treatment, administering morphia to still the action of the contents of the abdominal cavity, and that the treatmeut was correct was proved by the success which attended itup to the point when it was discontinued. iney could net iene him to die without giving him some relfei, He was mach better than they expected at eleven o'clock that night, and next morning he died. The death was the logical consequence of the wound; in the langnage of the old writers if he had not the wound, he had not died; the wound ‘necessitated the treatment, and it matters not whether the morphia was the immediate cause of death, To prop up the detence that the prisoner believed him: self in such danger that he was justifiea in the killing, taxed the energies of counsel tor more than a week, and such an array of witnesses was crowded into the case, that the jails and brothels contributed to swell the number, and pimps, prostitutes and prison birds were paraded before thei, This man has assumed to take human life; he must be ‘prepared beforea jury and his country to prove that he was justified in the killing. Tshall submit to you that in (us he utterly fatis, and that so far from being corrobrated. his own story is rendered inexplica- bie and uninceliizible by the evidence brought to support it. On his own showing, the first hostile movement was made by the prisoner when he attempted to oust the other parties in the company trom the possession of the oil refl- nery. This was followed by successtul hostilities on the other side. He was ousted, and he was arrested on o charge of abstracting moneys ot the company. Then followed a — reconciliation, and another — quarrel and another reconciliation, in each case the deceased being the mover of the reconciliation. After this there Was another quarrel, and we find the prisoner going about saying there was a conspiracy against him, and we find Manstield, the former mistress of Fisk and the prisoner, engaged in an attempt to publish what? the private letters of Fisk to that woman. and he was a co- lefendant with Mansfield in an injunction to restrain them. That injunction was sustained by Mr. Justice Brady, and the counsel for the prisoner did not assail his and integrity. Then we find the next move to be a charge of libel, involving perjury and subornation of perjury brought against Colonel Fisk. In all this the risoner Was the aggressor. On the 6th of January we nd the prisoner making anxious inquirtes about an in- dictment against him—exceedingly, unusually appre- hensive about it. He drives trom his hotel past the Erie offices and on to Mra. Manstield’s house. Now, deal- ing only in this branch of the case with facts notin con- troversy, we find him, without getting out of the coupe, directing the driver to'set him down at the Grand Central Hotel, a place where he was not in the habit of resorting and where it is conceded Colonel Fisk was in the habit of ‘oing frequently. He calls at Chamberlain & Dodge's, he leaves it, and in seven minutes after Fisk's carriage was seen in ‘Astor place. He goes up stairs to. the hotel, Fisk's gorgeous equipage drives up, Fisk alights, enters, wrapped up in his cloak, and Stokes is at, the head of the stairs just in time to meet him Two shots and Stokes walks back along the hall. asks him what is the matter and he answers, “here is aman shot there—go tor a doctor.” He is ar- rested, brought before Fisk, who identifies him as the man Who shot him. Stokes at this answers nothing. The dumb would have spoken under these circum: stances. Mr. Dos Passos—Counsel knows thatif he did say any- thing it wouldn't be received in evidence. Mr. Phelps—It would be the spontaneous outburst of of hisheart. Was he there to calculate chances, and had he ascertained his rights? Ha! he was ‘bewildered,” but he could choose the most suitable spot in that house and shoot. twice with unerring aim with | his gloved hand, drop the smoking pistol, retain his cane in his hand and select for his point of exit the rear entrance, where he would be likely to meet iew, With an aflected’ air ot indifference it he had got, as he well might, into the street, he might have found lis friend Bailey’ two blocks away, and be the most surprised man in the city when he ‘heard of the murder. Counsel says it was a public place for a murder. But the great and good President who led us through the war was murdered ina theatre, and that place was se- lected by a man of boldness and shrewdness as the best and safest. For motive, there was the feeling that, as his own counsel eays, he ‘was deprived of character and property by Fisk. The next element is opportunity. And there he was with his ready pistol in his outer pocket, in broad daylight, in a public place, aiter parting from histriend. Not only weapon but vantage ind Was his, the top of the stairs, where he was sate from attack; and more than that, the place was one where Fisk might be expected, and’ where the prisoner might not be expected; and add to this, flight when the decd was done, and. silence, when, if innocent, every motive would prompt him to speak. "Thus, even treated by the prisoner's story, the defence is intrinsically im probable, even without applying to it the rules of inter- pretation of the testimony of an interested witness—of a witness who destroys testimony, who closed with his bullet the lips of James Fisk torever, and who, through his counsel, sought to excinde’ from evidence the exclamation’ of James Fisk in his mortal agony. With regard to evidence of threats against him by Fisk, they were testified to by Mansfield, Fisk's former mis: tress. She had a violent war with Fisk, a his things and has a libel suit against him, Was on such terms with her that ne kept his papers in her house, and he sent into Fisk one bullet for her and another tor himself. The next witness was Mrs. Wil- Hams, @ lady without resources, yet, to judge from her appearance, is very well provided for, and who, after all, never heard Fisk utter a threat against Stokes person: ally. The next witness was the woman Barker, who conceived the idea that the Morse ladies’ were wanton women; but counsel for the defence was compelled by ‘his manhood to admit that all censure on these two poor __ children has passed, and that the intimacy of Fisk with that family, he triends of other and, perhaps, innocent days, was among the most honorable incidents of his conspicuous career, It turns out that one of them is scarcely sixteen years; the other, but thirteen, is at school in the Sacri Heart convent. “Counsel ridiculed the evidence of that old indy. Ms. Phelps poivted out her grogs mistakes. in describing the room of the Morses, and. said it was plain she never in her life was inside the Grand Central The Court adjourned at this point, attor Mr. Phelps Spoken for three hours and forty minutes, His addre will be resumed at ten A. M. to-day. IS JUSTICE BLIND? Singular Developments and Revelations in the Stokes Trial—A Woman’s Ven- geance—An Explanation of the Mys- terious Absence of an Important Wit- nest—Is Stokes To Be Saved t The approaching termination ef the Stokes tria, recalls to the minds of many readers of the HERALD the stories lately current regarding the mysterious lady who, at the instance of the District Attorney, Was dragged from her home, taken be- fore the Superintendent of Police and committed to the House of Detention, only to be subsequently discharged; and the wonder grows regarding the non-appearance of this very important witness. Some even go so far as to assert that a desire to win & trifle of public favor at the expense of a defence. less woman may have prompted this apparently ‘uncalled-for outrage on THE RIGHTS OF A PRIVATE CITIZEN, The average intellect begins to calculate the result Of @ policy which permits the arrest and subseanent deteptiog of persons suspected of pep. , Se fl sessing’ Yacts which qualify them for witnesses. In this instance the mere fact that a lady was stopping at the Grand Central Hotel, in company with her brother and son, for some days preced- ing and subsequent to the shooting of Fisk was made the ground for 4 most shameful intrusion into her house and rooms, and a humiliating commit- * ment, after it was too late to obtain ball, to the House 01 Detention. The people are still in- quiring why this witness was not subpeenaed to ap- pear on trial when she is under $5,000 bail, This query prompted the sending of a representative of the Hgrap to the residence of Mrs. Minnie J. Benton, No. 576 Lexington avenue, with a view to ascertaining the grounds for her arrest and the identification of her name with the trial of Edward 8, Stokes. THE “MYSTERIOUS” WITNESS, Mrs. Benton was found at her residence as above, ywhere she has been living for nearly two years, jana where she says she was to have been found at the time of both the pre- vious trials, The name of the lady, with her address, appears in the “City Directory.” She resides with her motber and brother, warranted by the enjoyment of such comforts as | any one with means can be expected to possess. | Mrs. Benton received the HERALD representative courteously, and the following conversation oc- | curred :— | THE DISTRICT ATTORNEY CENSURED, “Have you been subpeenaed to appear in the trial of Edward 8. Stokes?” inquired the HeraLp re- porter, “and if so, what excuses have been offered for not calling you ?” “I have not been subpeenaed at this or any pre- vious trial,” replied Mrs. Benton, “I never nave declined to serve as a witness, as has been charged, because I never have been asked to go. I know httle about the case, and what I do is in Stokes’ favor. My family and friends feel very much mortified by the attacks which have been made upon me, which are as unkind as they are untrae, and they one and all seriously censure the District Attorney for the | unusnal and extraordinary course he has pur- | sued,” A VICTIM OF CIRCUMSTANCES. “Did you ever board at the Southern Hotel, as has been asserted?” asked the HERALD man. “I never did; scarcely know that there is such a hotel,” replied Mrs. Beaton, “Have you any objections to stating how your name became associated with the trial?” “None in the least. I had secured this property and was staying at the Grand Central Hotei, with my brother and son, while this house was being put in readiness for us. I was not im the house at the time of the homicide, and know absolutely nothing of my own knowledge concerning it. I returned soon alter, however, from this house, where 1 had been superintending the workmen and scrubbing women, and was met in the hall by a lit- tle girl, whom I afterwards ascertained to be Miss Morse, and was told by her that Fisk had been shot. Idid not know, neither did she say how bad, and I did not tinier from the girl’s man- ner that it was serious. I occupied the suit of rooms with parlor No. 326. Mr. Powers is mistaken when he says I came in and went up by the ele- vator. Iwent to the second floor by the stairs; did not use the elevator on that occasion. 1 re- member it distinctly, for 1 had been around in the dust which is attendant upon all housecleaning, and I hurried to my room to change my clothes.” DID NOT KNOW THE MEN. «Pid you know either Fisk or Stokes ?”” “I only knew Fisk by sight, but haa never, to my knowledge, ever seen Stokes,” replied the lady. “{ should like to hear your story of the arrest.”” “The dates are all matters of record,’ replied the lady, “so I shall not botner with them. My servant came to tell me about two o’clock one a(ternoon that a gentleman was at the duor, who wished to see me privately. I told her to say to the caller that Mrs. Benton did not see any g , tieman in private, He then wentaway. This | on Monday, and I have since ascertamed that three men had been watching the house since the preceding Saturday. The man | called again at seven o'clock of tue same day. 1 did not send in his card, as any gentleman would | have done, and, as 1 had lain down to rest, I de- | | clined vo go down stairs. He then, with several | deputies, took charge of the house. My brother came home soon afterward, He said that the man down stairs was Inspector Dilkes, and this was the first intimation I had that the intrusion was made by the police. My brother said at once that Imust surrender. I went down to the middle of without any attempt at display further thanis || the first fight of stairs and was presented witha large bite Bie of paper, on which it was written that the officer should PRODUCE ME DEAD OR ALIVE before Superintendent Matseli. Inspector Dilkes said that he proposed to stayin my bedroom all night. I told him that I was armed and that neither he nor any other man could come into my chamber. After the arrival of ap additional force, the men were distributed around on the floor, in front of all the doors, very much as the roughs at the Grand Opera House kept guard over the Erie ofices on the memorable night of the fall of the Gould dynasty. I believe there were seven in the house, I wentdown the next morning. When I drove to Police Headquarters, I met District Attorney Pheips, who laid himself out to do the polite, but ne did not impress me, as I bave seen men ever since Iwas young. Detective Tully so far presumed on my acquaintance as to introduce me to Assistant District Attorney Russell. and the latter said, in a most matter-of-course way, “So you are the lady who picked ay the biack-handled pistol?” I merely replied that there was NO BLACK-HANDLED PISTOL. There was only one, and it was a white-handled weapon. I was taken to the House of Detention, at hali-past six o’clock im the evening, on Tuesday, and remained there until Wednesday afternoon. I had relatives who would have bailed me, but District Attorney Russell in- sisted upon forcing upon my notice persons whom I had never met nor even heara of. These were De Witt Clinton Wheeler and Mr. Shafer, He went so far as to send a note to Mr. Wheeler. As- sistant District Attorney Lyons said, ‘Piease give me a certified check for $5,000.’ I told him that I did not confiae my money matters to any one, and certainly would not trust him. He then asked me if Lowned my house, and he was politely informed Attorney Lyons used to be a policeman in New Orleans; but he had changed very muci since then, for on this occasion he was got up as fauitiess as George De Vere in ‘Divorce.’ He was throwing his limbs around most beautifully,”” A THREAT OF VENGEANCE. A a you ever engaged in the lobby at Washing- on “T used to visit the capttal with my husband; I donot know Mr. Thomas Scott; never saw him and never had any negotiations with him; I never was known by the name Shotwell; I never was interested in any beef packing scheme in Texas or anywhere else.’’ “flas any apology or excuse been offered you for this arrest ?”? “None whatever; I have already secured two lawyers and shall retain others prior to beginning @ sult to test the rights ofa citizen of New York.” STOKES TO BE SAVED. Startling Developments Regarding the Jury in the Case of Edward 8. Stokes. ‘The city was yesterday startled in certain circles, where the mysteries of crime develop themselves into a substantial form, that there was likely to occur remarkable developments in the trial of Stokes, Rumor, with her busy tongue, was very active. To separate this rumor from fact was the duty of a@ reporter of the Heraup, and the result of Is inquiries substantiate the truth of the proverb that “where there is smoke there must be some fire.” The District Attorney, in his opening address to the jury, was sufficiently impressed with this fact to pointedly and emphatically direct their attention to the existence of this rumor. lt has since been ascertained that he had | good reason for dog so, and his observations were made on the consciousness of the possession of information which he had thought it his duty to verify before the address was delivered. It is openly stated that one juryman has expressed in public rooms in the city, while virtually in the care ofdepnty sheriffs, his opinion as to the verdict that he and his fellow jurymen should agree upon, By the kindness of the Court he has been allowed an opportunity to transact some ate business. This privile; has been abused, and he has used it to declare his determination that he intends to save Stokes from the ignominy of capital punishment, The age he has used has not been so refined as ‘his, but that has been the meaning of what he has said, Deputy Sheriff French, who has had this juror in charge, states that he and the juror vis- ted Bryant’s Minstrels, the Fifth Avenue Hotel, Reddy ‘the Blacksmith’s, Harry Hill's and other notable places where convivial parties con- gregate, In the hearing of @ miscellaneous MARYLAND JOCKEY CLUB. Wind-Up of the Annual Racing Meeting at Baltimore. Fine Attendance and In- teresting Events. MecDaniel’s Asteroid Colt the Winner of the Dash of One Mile, Bessie Lee of the Two- Mile Heat Handicap, Artist of the Mile Heats and Duffy of the Steeplechase Post Stakes. BALTIMORE, Oct. 28, 1373. This the last day of the racing meeting of the Matyland Jockey Ciub was more numerously at- tended than any that had preceded it. The morn- ing was fair, but threatening clouds made their appearance in the afternoon, indicating wind and rain, We had a little of the latter and too much of the former, making the closing hours of the day very uncomiortaple, Yet the races were en- joyed, and the attendants at the course returned to their homes satisfied with everything they had seen, Four races were on the card—the first a mile dash tor two-year-olds, the second a two mile heat handicap; third, the Consolation Purse, mile heats, and the fourth a steeplechase Post Stake, DASH OF ONE MILE. The first race was for a purse of $490, for two-year- olds, one mile, for which were entered J. T, Cham- berlin’s bay colt Visigoth, by Asteroid,dam Vanda- lia; A. B. Lewis & Co.’s bay filly Vandalite, by Vandal, dam Vesper Light; A. D. Brown’s bay colt Paladin, by Leamington, dam Garland; D. McDaniel’s bay colt, by Asteroid, dam Sue Washington; Joseph Donahue’s chestnut coit Dublin, by Kentucky, dam Zaidee, and Stanley Rogers’ bay filly Bettie Clap- ham, by Master Lightfoot, dam Lucy Haxall. McDaniel’s entry was a great favorite over any named colt, Dublin being second choice and Van- dalite the third. we - WHE RACE. Visigoth was first away, Vandalite second, McDaniel’s colt third, Dublin fourth, Paladin fifth, Bettie Clapham sixth, They were very close to- gether going around the upper turn to the quarter pole. Dablin went to the front, McDaniel’s colt second, Vandalite third, Visigoth fourth, Paladin fitth, Bettie Clapham sixth. They passed the quar- ter pole in this order, and without change of place went to the half-mile pole. Around the lower turn, McDaniel’s colt ran to the front, and was a neck ahead of Dublin at the three-quarter pole. He led up the homestretch, and landed a winner by two lengths, Dublin second, Vandalite third, Paladin fourth, Visigoth fifth, Bettie Clapham far behind. Time of the mite, 1:56, which was capital time on a track that resembled a quagmire. It could not have been worse than On this occasion. SUMMARY. PIMLICO COURSE, BALTIMORE, MD., Oct. 28,.— Fourts aND Last Day OF THE ANNUAL RACING MEETING OF THE MARYLAND JOCKEY CLUB.—FinsT Bace—Purse of $400, for two-year-olds; winner of the Central Stakes excinded; dash of one mile. D. McDaniel & Co,’s b. ¢., by Asteroid, dam Sue Washington . Joseph Donahue’s ch. ¢, dam “Zaldee... 4. B. Lewis & Oo.’s b. 1. Vaudalite, by Vanda @am Vesper Lig A.D, Brown’ = 2 Dubin, by ‘Kentukey, nt.. Paladin, by Low boc. dam Vandala. * st eceseees Stanley Rogers’ b. f. Bettie Chapham, by Mas- ter Lightiooc, dam Lucy Haxall........ seeeeee Time, 1:56. TWO-MILE HEAT HANDICAP, The second race was a two-mile heat handicap, for all ages, that have run during the meeting, for @ purse 0: $700, of which $600 Was given to the first horse and $100 to the second, For this were entered Messrs. Davis’ bay horse Alhe Hunt, by Vandal, dam Nora Creina, aged, carrying 92 lbs. ; J. G. K. Lawrence’s bay colt Shylock, by Lexing- ton, dam Edith, 4 years old, 105 lbs.; A. B. Lewis & Co.'s oe! mare Bessie Lee, by Hunter's Lexing- ton, dam by Chorister, 4 years old, 90 lbs.; David Buckley’s chestnut mare Chickabiddy, bv Austra- han, dam Kate Hayes, 6 years old, 92 1bs.; D. J. Bannatyne’s chestnut horse Stockwood, by As- teroid, dam Alabama, 5 years old, 104 lbs., and D, McDaniel’s chestnut lly Cora Linn, by Lexington, dam Dolly Carter, 8 years oid, 75 lbs. “In the pools soid Stockwood had the call, Shylock second choice. THE RACE. Allie Hunt had the bst of the send-off, Stock- wocd second, Shylock third, Bessie Lee fourth, Cora Linn filth, Chickabiddy sixth. Going around the upper turn Cora Linn ran to the iront, Stock- wood second, Allie Hunt third, Bessie Lee fourth, Shylock fifth, Chickabiddy trailing behind. At the half-mile pole Cora Linn led two lengths, Stock- wood second, Aliie Hunt third, Bessie Lee fourth, Shylock fifth, Chickabiddy sixth; but so close to- gether that those behind Cora Linn had no day- light between them. At the three-quarter pole Cora Linn was a length in front, Stockwood sec- ond, half a length ahead of Allte Hunt, Bessie Lee fourth, Shylock fifth, Chickabiddy sixth. The horses worked away through the mud op the ex- treme outside, and as they passed the stand at the end of the first mile Cora Linn still showed the way by @ length, Stockwood second, one length ahead of Allie flunt, who was two lengths in advance of Shylock, the latter half a length ahead of Bessie Lee, Chicka- viddy sixth, Cora Linn still led around the upper turn, and at the quarter pole she was a length in front of Stockwood, Allie Hunt third, Shylock lourth, Bessie Lee fifth, Chickabiady sixth. There was no daylight between any of the horses. As they ran 3 4 5 6 that it was none of his business. Assistant District | down the backstretch they became bunched, and as they passed the hail-mile pole Cora was but a short length ahead of all the others, whose heads were parallel. Going around the lower turn Chicka- biddy Went up to Cora Linn’s head, and they then bounced away from the others. Chickabiddy showed 1n front as she entered the homestretch, and, coming away, won the heat vy three lengths, Bessie Lee second, three lengths in front of Cora Linn, Shylock fourth, Stockwood fifth, Allie Hunt sixth. Time of the heat, 4:054, Second Heat,—Chickaviddy was then the favorite over the fleld, Cora Linn was first away to a strag- ging start, Stockwood standing at the post | when the others started on the journey, but he followed after them, a dozen lengths behind. Going around the upper turn Allie Hunt went to the front, followed by Bessie Lee second, Cora Linn third, Chickabiddy fourth, Shylock fifth, Stock wood a long way off, ey passed the quarter pole in the order given, Allie Hunt and Bessie Lee ran away {rom the others on the backstretch and around the lower turn. As they passed the three- quarter pole they were ten lengths ahead of any of the others, Cora Linn being third, Chickabiddy fourth, Shylock fifth, Stockwood sixth. Bessie Lee beat Allie Hunt up the homestretch and passed the stand one length in front of him, Allie Hunt was six lengths ahead of Cora Linn, Chickabiddy fourth, Shylock fifth, Stock wood sixth. They passed the quarter pole in the above order, and then they began to get closer bs tee At the half-mile pole Bessie Lee led two lengtns, Allie Hunt second, Cora Linn third, Shylock and Stockwood head and head. Bessie kept up a good rate of speed around the lower turn, and came into the homestretch three lengths ahead of Cora Linn, the latter four lengths in front of Allie Hunt.’ Bessie dashed famously up the homestretch and won the heat b: = emacs Ge siden BRE ohiat third, ie ickal th, Shylock sixth. Time, ie ebeday Bit, Shylock 6 Third Heat.—The start was a good one, but soon afterwards Bessie Lee went to the front, and, going away from Chickabiddy, led half a dozen lengths to the quarter pol Bessie Kept that distance in front ail the way around the first mile, and as soon as she entered the second mile she ran away from Chickabiddy and finally distanced her. Bessie Lee won by eigity yards, ‘Time of the heat, 4:06}. SUMMARY, Same Day—SEconD Rack.—Purse of $700, for ali ages that have run during the meeting; two-mile heat handicap; $600 to the first and $100 to tue ¥ wi ‘8 b. mM. Bessie Lee, 4 years old, by Hunter's Lexington, tak by 2 Chorister, 90 Ibs teeeseee . 1 David Buckley's ch. m. Chickabiddy, 6 years ei, by Australian, dam Kate Hayes, 92 ‘1 D. McDaniel & Co.’s ch. f. Cora Linn, 3 years to by Lexington, dam Dolly Carter, 7 ren t4edeeneasee obgaeeyees a) J. G. K, Lawrence's b. ¢. Shylock, 4 years old, by Lexington, dam Beith, 105 ibs... oro D, J. Bannatyne’s ch. h. Stock wood, 5 years old, by Asteroid, dam Alabama, 104 ibs 6 3ro0 Messrs. Davis’ b. h. Allie Hunt, aged, Vandal, dam Nora Creena, 92 lbs. Time, 4:05}4—#:06 4—4 «, sSONSOLATION PURSE, The thira race was for the Consolation purse of company this juror has declared hia inten- tion of delivering & certain kind of verdict. This fact has been substantiated on the testimony of more than one witness, whose evidence is in the possession of the proper legal authorities. Preliminary proceedings for bri the parties implicated in this outrage to a consciousness of the responsibility of their crime were taken yester- day in the District Attorney’s oMce, and only await the result of the verdict for prompt and decisive action. There has been more than an in- timation in the same direction that more substan- tial reasons had been urged in the hearing of more thanone juryman, and great di ointment hi Deen mazifenved that there wae hot, a. matual understandi to the character and extent of the acknowie: nt of the obhgation which was fought vo be impos * ed upon the character of the t that Wes sworn bo be truly delivered, $500, ior horses that had run and not won duri the meeting; mile heats, For this event there were nine entries, consist; e Lad, hestnut ate Sovereign, 6- years colds: 2. 3° Doneraiie, a: chestnut filly brown horse Ortol by bellpse,, dati Golumblay x jai 3 Brown's brown colt Coronet ed Soreeteth Pog ra og 3 years old; L. Lorillard’s by. , Lexington, old; W. : ve ars O14 hear g + horse y ; Hen chestnut onan ty k Boston, Prelude, years old, and J. b Wilson & Co.'s chestnut colt Mart Jordan’ by Revolver, dam Mattie ©. 4 yeara old, Merodas ‘al by Jonesboro’, dam jue’s brown colt, ht of St. George, Cari lero- heatham, In one of which he bro and ye neld $35, it $200 and the Lady Clyde and ‘Tom Pe Re Rig od neat. were ready but Artist and Merodac when the bell called them for the second heat, these two were sent away for the money without the others, pong won the second and third heats and the Samp Day—Tump Rach. Consol — ACE.—Consolation purse of $500, for horses that had run and not won during the meeting; mile heats, Jos. Donanne’s br. ¢, Artist, 3 years old, by Asteroid, dam by Knight of St. George... W. W, Glenn’s ch. ¢. Merodac, 3 years old, i'd Australian, dam Ada Cheatham L, L. Lortliard’s b, c. Cariboo, 3 Pee A. B. Le ears old, by Doneraiie, dam Cana: d...... 4 dis,* J. F, Wilson’s ch. ¢. Mart Jordan, 3 years 2 1 1 old, by Revolver, dam Mattie ©..... wsere & C18,* A. D. Brown’s b, c. Coronet, 3 years old, by Jonesboro’, dam Gariand............. +... 6 dis,* T. A. Lynch’s ch, m. Lady Ciyde, 6 years old, by Lord Clyde, dam Kate Sovereign.. dr, H. Blandy’s ch. h. Tom Boston, aged, by Frank Boston, dam Prelude. ao Time, 1:56—1 :57— * Not ready when the bell rung, THE STEEPLECHASE POST STAKES, The fourth and last race of the meeting was a steeplechase post stakes, $25 entrance, pay or play, the club to add $750, of which $600 was given to the first, $100 to the second and $60 to the third horse, the distance betng about two miles and a half. For this event there came to the post D. J. Bannatyne’s brown gelding Duily, by Hunter’s Lex- ington, dam Olio, aged, 165 pounds; Jordan & Maule’s bay gelding Prince of Wales, by Chevalier d’industrie, dam Tension, 7 years old, 155 pounds; Joseph Donahne’s chestnut gelding, George West, by Asteroid, dam Kate Hayes, 4 years old, 145 Pounds; George Ayres! bay horse Victor, by Uncle a 16 aan Sallie Russell, 4 years old, 145 pounds, n¢ Devis, dam Margrevin had the call on pool sal ond choice, orge ig and brown horse Blind Tom, by Star aged, 153 pounds. Duffy 8, Blind Tom betng the sec- SUMMARY. H RACE.—Steeplechase post club to add $750, of which Sauz Day—For stakes of $25, p. Poy $000 goes to the first, $100 to the second and $50 to | the third horse. About two and a half miles over fair hunting ground. D. J. Bannatyne’s br. g, Dusty, aged, by Hunter’s Lexington, dam Olio, 155 1bS..........eeeeee Pee 3 George Ayres’ br. h. Blind Tom, aged, by Star Davis, dam Margravine, 158 IbB.......+.eeseeeee 2 Jos. Donahue’s ch. g. George West, 4 years old, by Asteroid, dam Kate Hayes, 145 lps........ a 8 Jordan & Maule’s b. g. Prince of Wales, 7 years old, by Chevalier d’Industrie, dam Tension, 165 IDS.......0+65 Merategasavscettes oe 4 George Ayers’ br. h. Victor, 4 years oid, by Uncle Vic, dam Sallie Rugseli, 148 iba. 0 Time not taken. DEERFOOT DRIVING PARK. First Day of the Second Fall Trotting Meeting—Good Attendance and Interest- ing Events=—Sterling the Winner of the 2:50 Purse—The 2:38 Race Postponed After Four Heats. The attendance at Deerfoot Driving Park yester- day aiternoon afforded much gratification to Super- intendent McMaton, as it was convincing proof that his efforts to keep pace with the times in the matter of developing the speed of trotting horses by offering liberal purses late in the season were fully appreciated by turfites, It was the opening day of the second autumn meeting, and all the old faces that are usually noted where impor- tant events are occurring were seen about the grounds. Notwithstanding the storm of Monday the track was in fair condition, There were two events on the cards, the first being a purse of $200, for horses that never bea 2:60, mile heats, best three in five, im harness; $100 to the | first, $50 to the second, $30 to the inird and $20 tothe fourth horse. Tus had fourteen entries, | five of which oniy came to the pos., these being | Charles Piatt’s chestnut gelding Sterling, L, S. | Sammis’ sorrel gelding Farmer Boy, Israel Den ton's bay gelding Joe Platt, J. H, Pnillips’ brown gelding Phil O'Neil, Jv., and L. Devoe’s bay gelding Tommy Moore. The gelding Sterling, fresh from his recent laurels at the Prospect Park Fair Grounds, was the favorite before the start over the field at $25 to $7, He won the race im three straight heats. Farmer Boy took second prize and Joe Platt third money. Phil O'Neil, Jr., and ‘Tommy Moore were distanced in the first heat. The following is a SUMMARY. DEERFOOr DRIVING PsRK, NEAR BROOKLYN, L, I, October 28, 1873.—Purse of $200, for horses that never beat 2:50; mile heats, best three in five, in harness; $100 to the first, $50 to the second, $30 Arrest of Eight of the Eleven Persons . Marks on the Beach To Be Farther Investigated. Hunticton, L. L, Oct. 28, $ Huntington experienced another sensation afternoon, in the arrest of eight of the eleven per- sons implicated by the verdiet of the Coroners — jury in the Kelsey tarring and feathering tragedy. — Shortly before two o'clock Coroner Baylis, of Queens county, arrived in the village from Oyster Bay, accompanied by Justice Chipp and Constable Tappan. He had decided to take action at once, having, as he expressed it, waited long ~ enough for the Suffolk county guthorities, About the hour of his arrival Sheriff Lewis, of Suffolk, appeared in the village from Riverhead, bringing with him thirty writs of subpeena against as many persons, commanding them to appear at Riverhead to-morrow before the Grand Jury of Suffolk county, to be examined in reference to such things as shail appear against Royal Sammis and Dr. George B. Banks. This latest move is a@ mystery toevery one here, as the names of the im- Plicated persons appear, and they are the two against whom indictments for riot and assault were found last winter. It cannot be a repetition of that charge, because among THE THIRTY PERSONS SUBPOENAED are Coroner Baylis, Aaron Jarvis, tle old negro who saw the boat and wagon tracks on Liloyd’s Beach; Fred Titus, the negro mores by the Sammis family, and who testifi concerning Royal Sammis’ disguise and oaken club; John Betts, the tailor, who saw five men in drab attire lurking near Mrs. Oakley’s house on the night when Kelsey was captured; John Franklin and Wiliam Ludlam, the two rmen who discovered the floating rei in harbor. These people, a8 well as list, Know nothing in reference to the riot and assault, and must therefore be to appear against Sammis and Banks on the charge, and of course the query arises, Wi these two only, when there are six equally cated by the verdict, and five against whom @ leeser degree of crimiality is charged? The ar rests were made by Tappan, and the first four per- sons seemed to tumble into his arms, He was first shown James McKay, Who was going up the main street in @ wagon. McKay went out of sight OYtR THE BURYING HILL, with the gaunt old constable trudging after him, Meantime a curiously excited crowd had gatkered about Duryan’s Hotelin the centre of the village, and as the news had spread they waited develo} ments. Presently the constable returned, with John McKay tn custody, Presently Dr. Banks, in @ light buggy, came down the street, and just as he was crossing New York avenue the hind wheel of his buggy was canght by the pole of a double team: coming up the avenue, and the buggy was upset, Tae Doctor fortunately escaped without injury, and the constable gobbied him up. Ten minutes later James McKay returned in his wagon, and the con- stable halted arfd arrested him also. Dr. S. H. Burgess was leaving the telegraph oMice to go into his own office next door when Tappan told him HE WAS WANTED. Most of the others lived further away, and by the aid of a buggy the constable got around s0 as to get hold of Rudolph Samiis, William J. Wood, Claudius B. Prime and Arthur M. Prime. Rudolph was arrested while shooting quail, and had just raised a flock and given them one barrel. The Primes, father and son, were at work in their thimble factory, and the constable asked if they were going to give him a thimble, ‘Not bya damned sight,” answered Arthur. Royal Sammis Was at his place of business in New York, a8 was also Arthur I. Hurd, and Henry D, Prime was also away from home. These complete the list of persons to be arrested, All the parties taken mto custody exhibited the utmost good temper, and were not at all surpriaed. ‘The Coroner originally inrended to commit the parties to Mineola jail to- Digit; but subsequently determined to hold them to appear beiore him at Oys er Bay in the morn- ing, wien he will formally commit each of them. The prisoners will then procced, upon writs of habeas corpus already prepared, to Jamaica, where an application jor their RELEASE UPON BAIL is to be heard before County Judge Armstrong, of aecns. oirocnight llearn that Arthur T. Hurd went direct trom New York to Riverhead to appear beiore the Grand Jury tiere as witness in the matter of charges against Banks and Royal See to which I have alluded above. He was embraced, as was also Rudolph Sammis, in the Sherif’s list of subpoenas, and it is supposed was telegraphed to in New York, and appears by courtesy on this. notification, though he need not do so until ac- tuaily served, Join Betts is the witness who on to the third and $20 to the foarth horse, Judges— George W. Oakiey, Edward White and William A. Rosecrans. Charles Platt’s ch. g. Sterling (Hopkins) oe ade L. S. Sammis’ s. g. Farmer Boy.... 2 Israel Denton’s b. g. Joe Platt. J. H. Phillips’ br. g. Phil O'Neil, Jr. L. Devoe’s b. g. Tommy Moore J. Klatz’s b. m. Ledger Girl. Dan Mace’s s. m, Josie.. E. H. Heard’s b. m. Pollie Stewart. . dr Ben Mace’s 8, m. Fannie...... os + dr Owner’s br. m. Bessie. z . dr. E, E. Carpenter's. bik. g. Jim, . dr P. Manee’s b. m. I Guess So T. O'Connor’s gr. g. Dawn Mike Rogers’ s. g. Tom Steel C. F, Hill’s w. g. Jack Frost... ‘TIME. Hay. First heat........ 1:22 Second heat.. 1:2 Third heat. » 413g 1:223¢ 2:44 Second on the programme was the purse of $2 D, for horses that never beat 2:38; mile heats, best three in five, in harness; $120 to the first, $65 to the second, $40 to the third and $25 to the fourth horse. Seven entries were made for this event, five of which came to the score, these beimg J. H. Phillips’ roan gelding Fred Tyler, L, 8. Sammis’ sorrel gelding Port Washington, Dan Mace’s brown gelding Damon, E. A. Heard’s black geld! Sum- mit and William McMahon’s brown mare Bessie. Before the start the pools sete aA Dee ‘Tyler, $45; Port Washington, $25; the field, $8. Port Washing- ton won the iirst heat in 2:44%, Damon being sec- ond, Fred Tyler third, Summit fourth and Bessie fitth, Tyler still heid as first choice, and at in- creased rates, selling for $85 to $35 for Port Wash- ington and $27 for the ficid, whil In some in- stances, it was Tyier $50, the field Tyler won the heat in 2:4244, Summit coming in second, Port ‘Washington third, Damon jourth and Bessie fifth. The latter was then withdrawn by permission of the judges. The pools at this time were—Tyier, $25; the fleld, $9. Damon went away on the lead and won the third heat quite handily in 2:404, Tyler second, Port Washington third ana Summit fourth. Now the fraternity, who had such unbounded confidence in ‘Tyier’s ability to win, began to falter, but’ they still clung to him, the pools selling—Tyler, $20; Damon, $20; the feid, $4. Amid much excitement the word was given, and Damon won the heat, in 2:41, eatly to the discomfiture of the backers of ler. Mace’s gelding then became quite a favor- ite, but darkness coming on the judges postponed the race, until to-day, at one o'clock. So jar as the trot progressed the following is a SUMMARY. Same Day.—Purse of $250, for horses that never beat 2:38; mile heats, best three in five,in har- ness; $120 to the first, $65 to the second, $40 to the third and $25 to the fourth horse. Dan Mace’s br. g. Damon......... 2411 J. H. Phillips’ r. g. Fred Tyler. 8122 ‘S. Sammis’ 8. g. Port Washington. 13338 FE, A. Heard’s bik. g, Summit... 4244 William McMahon’s br. m. Bessie. 6 5dr J. Harper's b. m. Slip. . @ Wilham McCarty’s b. g. Hiuskey Buy TIME. First heat.. Thiel heat. Fourth heat TO: SA Besides the concluding heat or héats of the post- poned 2:38 contest there willbe aecided to-day the purse for 2:42 horses, which has sixteen entries, and the 2:34 class, with twelve entries. It should be an occasion of muca intere: The Coney Island cars, leaving Fulton ferry, Brooklyn, every ten minutes, pass the Park, THE BOND FORGERIES, Another $100,000 Lost=-Rumor that a Large Amount of Andy Roberts’ Prop- erty Has Been Attached. In the HERALD of Sunday a list was published of the victims, as far as known, in the recent bond forgeries, aggregating @ loss of upwards of $200,000. One of the wealtbiest firms in the city consented to inform @ reporter of its loss yesterday, viz., Mesars. W. A. Guest & Co., of $75,000. To this must be added the name of Mr. Cyrus 0. Baker, of 15 Wall Street, who has been defrauded dut of $25,000, Making altogether $100,000 to be added on to the ublilighed list, Many of the trust compani: fuse to make thei losses known. The firm of Gi Co, informed @ HERALD reporter yesterday that the tof Tourn and Sa ay eee Ow asa hs ja were now Of Assistant District ‘Attorney Allen, It was re) esterday that Mr. W. Wirt Howitt, of Wall street, had attached a very 1a amount of the tl ten ins of Andrew Roberts, the millionnaire originator of the gigantic Swindle, on behalf of the victims. A HsRaLD re- ay porter @ visit to the gentieman, but he de- ie clinea ive any information on the sul all it tant gH Ae tay Bi ‘who 18 in the case A him to, the ‘no intormati Somes tach poem oss mitted in default no Friday, when interrogated at the inquest as to the identity of the five men he saw lying in wait, re- lied, repeatediy, ‘Don’t ask me such questions.”? e says ne is going to tell all he knows straight now, The Coroner’s warrants, on which the arrests were made to-day, were countersigned by Justice William H. Montort, o! this town, 80 as to give the arrests full legal effect in tue event of @ quibble on jurisdiction, THE PHSLP3 DEFALCATION, The Accused Money Clerk Again Before the Police Court—Committed in Default of $15,000. ALBANY, N, Y., Oct. 28, 1873. The examination of the Phelps case in the Pohce Court, before Justice McNamara, was resumed this morning. Treasurer Raines continued his testimony:—He- said the State money was generally deposited in: the Commercial Bank in Albany; some of it was in- other Albany banks; they were designated as de- positories. Witness here stated that arrange- ments had been made concerning deposits before he came into office, to which he objected on taking. the office, and had changed with a view to~ greater security; the deposits were made* generally in the Commercial Bank, and- thence, by transfer checks, a portion: ofthemin other banks. Witness here produced the pass books kept by Phelps; he had charge of- them, and they were in his custody, except whem in possession of the banks to be written up; he said he had examined them to see if the $15,000 drait had ever been entered in the books to the credit of the State, and 1ound that it had aot, nor does 1t appear on the deposit tickets, To Juage Birdseye—My deputy was Dewitt ©. Ellis until 1873; since then, Fulton Paul; the money clerk or cashier was Charles H. Phelps; Edwin Ellis was his predecessor; Charles Ellis was book- keeper and Parker Robinson part of the time assistant bookkeeper; the duty of my deputy was to take the general mani ment of the Treasurer's office; he no power to sign checks; the duty of the money clerk was to receive and enter the moneys re- ceived and to pay out money; the salaries of the office are paid out by check, with a sible: warrant from the Comptroller; there was @ smail amount of currency kept in the office to ser- vants; William Wood, check clerk, prepares all the checks, and these are countersigned by the Comp- troller; they are aiways signed by the Treasurer; the deputy has no authority to sign checks; I have jet checks, when absent, signed; all checks have been signed by me; 1t would have been a violation of the statute for any one else to sign them; with regard to drafts received, such as the one in question, my instructions have been that they shall receive the endorsement of self or the Deputy Treasurer; I am not aware that it has been the practice of the office for any one else to endorse these dratts; the transfer referred to in the despatch I received while at Armenia; it wasa transfer trom one bank to another, to equalize the one runnia Lb i Ah Perch bya Shot Ga i return ie a al . To District Attorney Moak—On the 27th of Sep- tember I leit word with Mr. Wood to have the books of deposit written up, because | found one bank had more than it should have under the ar- rangement, and [ did not want it to appear thatl was favoring one bank over @nother; just at that time @ large amount of money was received, and it was difficult to Frys Ake equalization exact; clon at that time that there had any diversion of the State’s funds; very soon I found that the account of the Merchants and Farmers’ Bank varied trom ours some 000; I then at once commenced the examination which developed the diversion; Phelps was absent; I learned of his whereabouts and at once procured the requisite papers and had him arrested; I was and with a in the e alization of oe ee existed for some cannot say a ‘bia weeks . Moak—Up to the 27t! mber I did not know there was any deficiency in this equaliza- tion, ‘Mr. S. Wood, a clerk fn the Treasury ment, testified that on the 27th of September last Fea eeeciately written Up, aud he, told 1m Phelps OB Monday, the 29th, on his return to the oy. ‘he District Attorney sald that this was all the he desired to submit at this time. ovyaege Birdseye said that he did not Justice McNamara said he would fix the the prisoner at $35, case was thus di