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

8 THE CourTs. The Wallkill Bank Embezzlement. Conclusion of the Trial of Maggie Jourdan. The West Farms School Controversy. In our law column will be found a full repore of the case of ex-Senator William M, Graham, who Is now on trial in the United States Circuit Court, be- fore Judge Benedict anda jury, on an indictment charging him with having embezzled about $173,000, the property of the Wallkill National Bank, of which establishment he had been Presi- dent. After the opening statement of counsel for the prosecution several witnesses were examined, The testimony developed matter of considerable interest to the banking community. Tne further hearing of the case was adjourned till this morning. The case of W. EF, Bradley, who ts charged before United States Commissioner Betts with baving committed acts of alleged fraudulent bankruptcy, ‘was called on yesterday at the appointea hour for further hearing, but owing to the absence of wit- nesses there was an adjournment of the matter ‘till to-day. Judge Brady, of the Supreme Court, as will be seen by the report in another column, has cut the Gordian knot of the West Farms school contro- versy. Aportion of the injunction granted re- | cently in the case he has modified, and dissolved that part prohibiting the occupancy of the new school building for school purposes. THE WALLKILL NATIONAL BANK. Trial of Its President, Ex-Senator Wil- liam M, Graham, for Alleged Embez- ziement—Opening Statement and Tes- timony for the Prosecution, -The trial of ex-Senator William M. Graham was resumed yesterday in the United States Circuit Court, before Judge Benedict and a jury, whose names we have already published. Mr. Grabam 1s indicted for having embezzled anout $173,000, the property of the Wallkill National Bank, of which establisument he had been President. Mr. A. H. Purdy, United States Assistant District Attorney, conducted the case on the part of the government, and Mr. William Fullerton and Mr, John McDonald Bppeared as counsel jor Mr. Graham. . STATEMENT FOR THE PROSECUTION. Mr. A. Tl. Purdy, in opening the case to the jury, observed that the prisoner stood indicted under the fifty-fifth section of the National Bank act. This act declared that every president, director, cashier, teller or agent of any association who Shall embezzle, abstract or wilfully misapply the funds or credits of the association, or shall without authority from the directors issue or put in circula- tion any of the notes of the association, shall be deemed guilty of a misdemeanor and upon convic- tion shall be punished by imprisonment not less : than five years nor more than ten years. The pris- oner was indicted for converting and embezzling the funds of the Wallkill National Bank. While Counsel admitted that it was dificult to provea charge of this character, he maintained that all the circumstances of this case pointed conclusively to the guilt of the pris- oner. In November, 1872, the Cashier, Mr. Horton, disappeared. The President was notto be found, and the bank suspended. The directors went to the bank, and there found a young boy in cuarge. On an examination of the bank and its books they ascertained that the en- tire capital of the bank, a sunt Of avout $120,000, and $25,000 of deposits, were gone. Only a sum of about $600 in mutilated currency remained. The capital of the bank was taken away by somebody. The question to be now determined was, Who was it that took those funds and embezzled them? Horton had absconded, and the tact thathe ran away was proo! that he was guilty of abstracting the funds of the bank, The directors sent for Mr, Graham, the President, and had an interview with bim. ‘ihe investigation into the books of the bank ‘went back for a number of years, and would show that the President was as guilty as the Casnier. It would appear that in February 1872, the bank was In an insolvent con- dition; the reserves were down, and the general condition of the bank was ba ‘Tiis cir- cumstance came to the knowledge of the Comp. troiler of the Currency, who wrote a letter to Mr. Graham stating that its condition was such as almost to justify the suspension of its charter and that its affairs inust be properly conducted for the future. He (Mr. Pardy) would pick out a few of the many transactions of this bank of which Mr. Graham had knowledge, so that the jury, who were ail business men, might understand the case, ‘as nothing was so fatal to @ prosecution as to get into confusion on many diferent events. He had no doubt they would give the case strict atten- tion. if, in bringing any matterin connection with this prosecution to their notice, they did not quite understand it he was sure they would be quick to inguire about it a8 they went along. He would show them by the evidence which he proposed to submit that Mr. Graham, together with the Cash- ler, had @ stock account with JAY COOKE & CO. for the purchase and sale of stocks, and that checks drawn from the funds of the Walikul National Bank, of whick Mr. Graham was Presi- dent, were paid on that stock account to the @mount of about $10,000, This the government charged to be a misappli ystraction and embezzlement of the funds nk. The book: of the bank showed no such ount with Jay Cooke and Co., except that this amount of money ‘Was paid tothem. !t would be Jurther shown that Mr. Graham took a large number of notes which had been leit with tue bank for collection, and, | having endorsed them, sold them to Mr, Gali | ut the proceeds in his pocket and conve: hem to nis own use. Jt would also be made to Sppear in evidence that Mr. Coukiln, ot THE MARKET SAVINGS BANK, Mr. Graham and Hortoa had stock speculations to- wether; that the funds of the bank were used to | Carry on those speculationg; that three accounts were kept in the Market Savings Bank—one in the name of Graham, one in the name of Conklin and ‘one in the name of Horton. Mr. Graham had this account in his individual name. He took certain securities Which had been deposited in the Wallkill Bank and deposited them in the Market Savings Bank as collaterals upon his call loans, After Conklin lett the Market Savings Baik Graham came to town and took the securities witch he had left in the savings bank. ‘The government charged thatin this transaction there Was an embezzie- ment of $11,917 25, and that the books showed no account between the bank, as @ bank, and the Mar- ket Savings Bank. They would show that a charge made on the books of tie hank as a remittance of $8,000 to the First National Bank was an honest transaction. On the 26th of January, 1 Mr. Graham drew the check for $11,017 25, and paid it to the Market Savings Bank, but the check was not credited to that bank until the 19th of February, almost a month after, Counsel charged that that was a false entry, and the jury could readily see how it was so, If Ae ham had credited iton the 26th of January, the day the check was drawn, lis books would have shown an overdraft. After borrowing $8,000 on five-twenty bonds; alter charging it to the First National Bank as a remittance; atter Horton ran away and Graham knew that he bad ted, and after taking all the junds of the bank, except the mut lated currency, Graham went to tue First Nations Bank, took up the ive-twenty bonds and handed them over to his father-in-law, Mr. Denton, One thousand dollars remained, but he put in his pocket. When the bank failed Mr. Shaw, one of the directors, asked Mr. + Graham to account for the money. Graham told him that he took up the five-twenty bonds aud gave them to his father in-law. He Was then asked What about the $1,000. He said he had given that wile; but he went to his house, got the 000 and returned it, and that was all the diree- ever recovered of that large sum of $173,000, capital of the bank. Jn the cash drawer was dd @ mortgage for about $500. It was a mort- gage of Mr. Graham's, and stood cancelled of record, It would be proved that this mortgage ‘was substituted as cash for the amount of it, and that the money was taken from the cash drawer by Mr. Graham. He (Mr. Purdy) had pot gone into ail the evidence he proposed to put before the , bat he would show that all those transactions a covered up by fictitious accounts aud false entrics. In reply to Judge Benedict, Mr. Purdy said that the indicunent in its first general counts charged . the defetdant with embezzling and abstracting certaim large sums of money. ‘Then there was a ecifle count that he took $5°5 and $11,917 26, he indictment charged him with embezzling that ouey—With abstracting it, aud alsu wit muking Jse entries in the books of the bank with the ald Of Horton. Replying to Mr. Fuilerton, Mr. Pardy “observed that every transaction was covered by five separate counts in the indictment; and, an- aWermng a question irom the Court, counset said the unisiment for the offence was hot less than five rmore tian 10 years’ imprisonment. Acting | Vourt, Als. Purdy said Ma suggestion irom the ‘the third day after the bank had closed—the bank “closed on the 26tn November, 1872—it was discov- «Market Savings Bank. indictment—namely, the Ravinge Bank of $11,917 and give proof as to that, 2 TESTIMONY OF ABRAHAM A, BROMLEY, Abraham A, eerie sworn—I reside in Middle- town; I knew the Walikill National Bank; 1 know Mr. Graham; he was President of that bank; 1 know Mr. Horton; he was cashier; I recollect the time the bank failed; I was one of the directors; | at a meeting of the directors which was held about ered that Mr. Graham had been absent; he was | sent for, and he came into the room; [asked mm about that money which he had taken from the First National Bank; he said he had brought home the $8,000 bonds and handed them to bis tather-in- law, Mr. Denton; Iam not sure i Mr. Denton was present. . Not cross-examined. TESTIMONY OF ELBERT HEGEMAN, Elberc Hegeman sworn—! am assistant assignee engaged in winding up the affairs of the Market Savings Bank; I was assistant teller of that bank (book produced); Mr. Conklin, the secretars, Was cashier of the Market Savings Bank; [do not kuow where he 1s now, but} sup- pose'he is in Montreal; in the book produced, one of the books of the Market Savings Bank, there 1s an account with Mr. Graham and there is aiso an account with C, H, Horton, Counsel was preparing to ask the witness what Was the last transaction as appeared by the books which Mr, Graham had with the Market Savings Bank, when Mr. Fullerton objected to the book, as it was not evidence against the defendant, Witness to Mr. Purdy—The writing in the book is made by Mr, Mills, Mr. Purdy—lIt is not necessary to bring him here, as these are the books of a corporation, Mr. Fullerton—You cannot bring the books of a corporation as evidence against the defendant mnie showing that he had some connection with them, Witness—The check shown me is endorsed James Dennis, receiver of the Market Savings Bank; Mr. Graham's signature is on the check; this is Mr. Dennis’ signa\ure on the check which I saw on the day it was paid; Mr. Dennis gave the check to mie, ‘Ihe Court—Did you see,the prisover in connection with it? Witness—No, sir, Mr, Purdy offered the book In evidence. Mr, Fullerton objected on the ground that the book Was not evidence against Mr. Graham. It Was not shown that he nad apy connection with it. Mr, Purdy—The check has been paid, The Court—That is not proved. Witness, in contluuation, said:—The check was deposited in the National Park Bank by the Mar- ket Savings Bank January 26, 1572, the same day of its date; the cut marks indicate that it was paid by the First National Bank; the check was drawn by the prisoner; the books of the Market Savings Bank show that the check was credited on them. Q. What do the books show there as the in- debdtedness of Mr, Graham? Mr. Failerton objected. The witness was not competent 10 say What the bouks slow. The Court—l understand the government want to show that Mr. Graham was indebted to the Market Savings Bank to the amount of the check. Mr, Fullerton—I ao not object to that. The Court—No one man cvuld give the detail the whole of those transactions, Mr, Fullerton—No, sir; but to open a page of a book and read what appears on it as against the defendant would be a violation of ail the rales of evidence. There must be something to show that the account is @ correct one, The account may | have been gotten up fora purpose. One ol the Ofticers of the Market Savings Dank, as has veen ed by Mr. Purdy, is a fugitive from justice, and he may have used my client for some purpose of his own. ido not say that it isso, but 1 do say it is the duty of the government to show that this account has been kept in a regular way. Mr. Purdy—I cannot prove more than what the books show. ‘The Court—Yonu can bring some one here to show that this account has been properly kept, as the witness did not make the entry. Mr. Purdy—He says it was made by Mr, Mills. Witness—There are some entries made here by we ery but all the others have been made by r. Mills. The Court—Did you see the prisoner in connec- tion with those accounts or paying anything in connection with them? Witness—No, sir. The Court to Mr. Purdy—I think you must go further. The witness was then directed to stand aside, TESTIMONY OF JAMES DENNIS. James Denuis, sworn—l am ap appraiser of real estate (check banded to witness); this 1s my sig- nature to this check; at the time 1 wrote this sig- nature I was receiver Oo! the Market Savings Bank; the check is to my order; Mr. Graham and Mr, Horton had call loans on he Market Savings Bank; Jam speaking of my actual knowledge, as far as T found these call loans, notes and bonds on the books; was* trustee of the bank before I Was appointed receiver; a few days after 1 bad been in the bank as receiver Mr. Graham and Mr. Horton came down to take up their loans; thoy did so, and inorder to give them | the monay T had te draw this check + structed by my counsel to do so; on Mr. Graham and Mr, ton came to the bauk and | informed me that toey wished to take up their call | loans, as they were prepared to do so; 1 then proceeded to comply with their request; there was. 4 great crowd in the bank; [ found out the amount of the check by reierence to the books; [got te amount of the balance irom the books; Mr. Graham and Mr. Horton, | presume, gave me the check to take up their cail loans; I then gave Mr. Graham the collaterals; I gave him nothing but the col- laterals and the cali loan notes; I cannot recollect anything els ept some Wallkill town bonds 1 Go not recollect the amount of the securities; When 1 took possession of the bank as receiver I found those call loan securities, and they cor- responded with the amount of the call loan notes; i know that the check balanced and paid the ac- count of the prisouver, Cross-examined—! delivered up the collaterals On that occasion to Mr. Graham; I have no recol- lection to the contrary; Horton called with | Graham; Horton had a call loan aiso; my recoule tion is that 1 delivered the collaterals to Graham, but I willnot be positive about that, as it Was a time of great excitement in the bank; I did not want totake the amount of tue call loan note untill had consulted with my lawyer, because I had beenin the bank only three or four days as receiver, and he told me it would be proper to take it; itis only my impression that I gave the coliaterais to Mr. Grabam; there were some Wall- kill and other bonds; I deposited the check in the Park Bank in the alternoon through Mr. Mulls; I ie the cheek in the drawer untii tt was deposited; endorsed it; Ido not recollect giving any special dfrections about the check; J leit it to the ordinary course Of busimess; I recoilect distincly that I compared the ticket with the account. The check was offered in evidence: Witness to a Juror—I cannot now remember it; the check embraced Mr. Graham's and Mr. lior- | ton’s notes; both of them lad Call loans; 1 cannot say Whether it was the call loan note of Mr. Graham, or of Mr. Graham as President of the | Walikill Bank, | To Mr. Purdy—I examined the call loan book to | see if the securities were rignt. Tue book produced | 1s something like the one | exami jor ti pose; Lum pretty positive this is amined; the securities stated here are Wallkill | town bouus an E of ° * TESTIM . H. R. Mfils tests ition of gen- eral bookkeeper of the Market Savings Bank, and the book which is now produced to me is the call loan book of that bank; it was kept by me; it con- tains Mr. Graham's account; when Graham came | to take up fis call loans I’ was present, and he stated that he desired to take up all loans stand. | ing against him; the amount of these loans was | paid by him and the securi e given up to | him; ob January 26, balanced the Market Graham's and Horton's acco $l) unt with Savings Bank. ‘There was no cr and Mr. Purdy offered in evidence the certificate of the organization of the Wallkill National Bank, TESTIMONY OF GEORGE ¥. BAKE George F. Baker testified that he is the cashier of the First National Bank; this check for $11,917 26 Was paid in full with the atic on deposit to the credit of the Wallkill National Bank, The witness was not cross-examined. , TESTIMONY OF B.A. M’DONALD, examination of the witness, A. McDonald—I am an expert in the matter of units; I have examined the affairs of the Wall- ; on February 19, 1572, Liound a check in that bank for $11,917 25; it was not charged to any one, but was credited to the First National Bank; 1 found in the books of the Wallkill National Bank an account with the Market Say- ings Bank, t, Purdy, at this stage of the proceedings, asked the Judge fo direct a veraict of guilty if the jury were of the belief that Graham made use of the check in question to pay up bis call loans in the The Court—I wil so charge unless the defence offers some evidence in explanation, Mr. Fullerton—If, Your iionor, 1t should appear that on the gamé day Graham withdrew the | $11,917 25 irom the First Nationa! Bank he also deposited that amount taken from his private funds, how wouid that affect the case ‘The Court—I do not consider that it would affect it at ail, If the prisoner has iWegally laid his hands on the fuada of the bank he is guilty. Mr. Fullerton—!t must be apparent to Your Honor that the introduction o: the books of the Market Savings Banks lias taken us by surprise. My client is of the opiuion that, if time is given him to examine those books, he will be abie to show that the-cail loans which huye been spoken of were made to the Wallkill National Bank, After some iurther di ssiou upon the question of examining those books, time to investigate them was given, and the Court adjourned until this morning. THE ESCAPE OF SHARKEY. + ‘Trial of “Maggie” Jourdan=—Summing Up of Counsel and Recorder Hackett’s Charge. ‘The Court of General Sessions—Recorder Hackett on the bench—was yesterday crowded almost to saffocation to witness the closing scenes in the trial of Maggie Jourdan, charged with aiding the escape of William J. Sharkey, the condemned mur- January ‘25 | at 2S y | evening. | Morris, it assumed a wider significance after the | modified, im fact in this Court for a long time that has ited such public interest, The crime of murder, of which Sharkey was convicted, the peculiar circum- stances of his escape from prison, the youth and singularly striking beauty of the prisoner on trial, and the fact that she was Sharkey’s afianced, all combined to impart unwonted interest to the case. As on the previous days of the trial the prisoner ‘was accompanied by her zealous and indeliatigable counsel, ex-Judge Beach, Messrs, William F. Howe and John O, Mott, and sat by them, SUMMING UP OF THE DEFENCE. Mr, Beach, in a speech occupying two hours, ad- dressed every consideration which his lega! ability and eloquence coula suggest in favor of his fair client. He felt it, he said, to be a relief and pleas- ure to defend one against whom no calumny could be breathed. This woman was not a dangerous element, presenting to society a dissolute example that should be condned within the walls of a State Prison. It was foolish, he thought, to claim that the law demands punishment ina case like this. He asked the jury to scrutinize carefully the proofs be‘ore arriving at a judgment. The liberality of the jury box is necessary to the impartial adminis- tration of justice. The jury is not “cribbed, cabined and confined’? by the necessities which hedge around the District Attorney, Mr. Beach then read from the statute applying to this offence, and held that there was no ground of conviction, as it could not be proved that the prisoner had periormed any actual act of assist- @uce to Sharkey, Sie might bave Leen actuated by kindness in her contact with him, and might have desired that his escape should be accom- plished, but these circumstances did not make ber guilty, He thought the District Attorney had con+ founded the law applicable to aiding and abetting as an accessory before the offence with the express statute applicable to the offence. He taen showed the equal complicity of the keepers with the oner, if any of them were guiity, and reviewed the testimony of Kessier, showing its weakness, He concluded with the history of the condemnation of the Count Lavalette ater the tall of Napoleon and the restoration of the monarchy under Lous XVILL, and his subsequent escape, disguised in the garments of his wie. He hoped that, though his cuent might not be perpetuated in history, her conviction would not go down upon the records oi the Court to its shame and disgrace, SUMMING UP FOR THE PROSECUTION. Assistant District Attorney Russell followed for the prosecution, andin an able argument sought to demolish the structure of logic and sympathy which the opposing counsel has reared jor his chent’s protection, He relied mainly on the sec- ond count of the indictment—that of aiding and | assisting the escape—the Court having suggested, during Mr. Beach’s address, that there was no poe of garments or other materials having been urnished to Sharkey by the prisoner, During his address he confined himself simply to statements of jact and reviewing the testimony, THE RECORDER'S CHARGE, Recorder Hackett then proceeded to charge the jury as follow: It is shown that the prisoner seemed to have intimate friendly relations with Sharkey, evidenced by her con- nd unremitting visits to him while contined at the City Prison charged with the murier of Dunn and atter his conviction of the crime up to the day of his escape, ‘with an intermission ot six or seven weeks, When she was house irom ines She caine the earii in the morning and was the last to leave. So thoroughly were the keepers and doormen aceustomed to her yisits ingress and egress without the rot Mr. Phillips, one of the kee ion she came there between te and eleven in the mi she was at the door of Sharkey’s cell when Warden Johnson went away at halt- past twelve P. hrs Brodericks, in her testimony, Says she saw the prisoner there in‘ troni of the cell of sliarkey and another female there, and saw the woman dressed in black come out of Sharkey’s cell, and the prisoner remeined in tront ot the cell door. Do you believe that Sharkey, having intended to escape, did not communicate such inteniion to the prisoncr? Do you belicve that her affection for him in- duced her to help in his escape? Why did she remain in front of his cell after Sharkey had lett, if it was he who lett? The distinguished counsel for the accused has made @ mos earnest and impassioned appeal, not only to the exercise of your sober judgments, under your oath as jurors, but also to your sympathies us men. ‘It is my d fo wain you agaiust tle Influence of your symps feelings, so protoundiy moved by the eloquence of coun- sel, and to remind you that your duty upon your oaths requires that your verdict should be in accordance with the evidence that has been given tending to show her confederation in th pe of sharkey, and not to he led or guided by mere athy for the ‘unfortunate Di ¥ ality Which has been read in your hearing makes the extent of the punishment 10 years; but Its ex- tent is committed to the discretion of the Judge. There are others charged in thisindictment with participation in the crime, Who, upon the proot sub ating the charge : mind be a thousans $ More cul prisoner, if guilty of compli ill ave been the keeper, the sworn J The prisoner is tried for an offence the character which has formed an element of popular discussion, and itis your duty to carefully search your minds to detect | if you have been at all impressed extrancous to the ev! dehce. since this trial was set down the publi has become excited Aare eed e Pts ers, mind 0 ak you to ca e impression of no sublimer whether in old time supérior to popular Glamor, and upon the facts against stich clamor, it the facts re- quire their oaths so to pri e. If, the evidence shall | onable doubt, thitt, Nave convinved you, tre on the 19h, Yoveinber Inat, the prisoner did aid and assist i din legal custody within il m4 ark: then held the City Pricon of the city of New York, upon aconvic- | tion for the telony of murder had in the Court of General Sessions of the city and coun 4 etermining an his escape, while con- pny of muriler. It tt a that the prisoner did any contributed to and did afd an assist Sharkey in his escape, the prison-r having the in- tent to Aid aml! assist Sharkey to escape, then it will be- come your duty to convict her of the charge, as I have Btated to you. The jary retired at half-past two o'clock and had not agreed upon a@ Verdict at a late hour last City Prison tor the fe $ satisfied however slight, whic’ evidence THE WEST FARMS SCHOOL CONTRO- VERSY Victory for'the Haskin Party—Dissolu- tion of a Portion of the Injunction and Modification of the Re: The New School Building To Be Used for School Purposes. The long and bitter fight in and out of the courts over the new school building in West Farms has probably now come toanend, Although the real fight was between John B. Haskin and Fordhain annexation of this section of Westchester county to this city. The new building is said to have cost $45,000, and to be a finer school edifice than any pubiic school building in this city, ex. cepting the Normal College. On its completion the local Board of Education commeuced moving into it the furaiture of the old school buildings and mak- | ing arrangements to lease the latter and perfect- ing plans to open schoo! in the new house, Our Cor- | polation Counsel thought {his a little too fastand | to protect the school property about to become the | city’s sued ont an inju Which was grante: and the subject mat argned at length a days since belore Judge Brady, in Supreme Court Chambers, Judge Brady gave his decision in the ¢ yesterday, dissoiving the injunction as to the upancy of the new schovl building and modify. ing the rest. His reasous are set forth in the jol- lowing opinion, Which, a8 wiil be seen, 1s brief, but pertinent and to the point. | e property In relation to arose; but [ prefer not to so decide, in asmuch asin my judgment no disposition of the schiool- houses vacated of of the school property not necessir: for the new school building should tertered with it this controvers tion of this city shou we dto it, and | mustdo 80 when the annexat place and be+ comos.a finality. The material allegations in thiseass | on which “t uncon was grat are denied fully, wnt the denials are sustain and It follows that the injanc be ' diseoived, so far as it extends the new The proois submitted in answer to the pla case show that there existed's necessity for addi school accommodations, the selection 6: the site by the proper authorities, ity propriety of location, end the Ownership of the’ land by a person other than John B. | Haskin, at the time nogotiations were commenced tor it | and concluded. Thr rges of fraud and complicity | pplication fails in ed, and thi her, it ists in this case, tt may not be hands of the now necessary the pressure iy conclusions other duties, a Ordered accord! BUSINESS IN THE OTHER COURTS. SUPREME COURT—SHAMBERS, Legality of the Court of Specia! Sessions. Before Judge Brady. Daniel Kellchar was tried before the Court of Special Sessions on a charge of beating his wife, convicted and sentenced for six months to the Penitentiary, A writ of habeas corpus was sued out by his counsel (Mr, Willlam F. Howe), and the fame made returnable yesterday in this Court, The return made by the Warden of the Penitentiary Was that the prisoner was held by virtue of a com. mitment issued by the Court of Special Sessions, This return Mr. Howe traversed, and in avery lucid argument contended that the act under which the present Court of Special Sessions was organized Was unconstitutional, inasmuch as it verted the power of holding that Court in the pres+ ent magistvates. The statute which set aside the old Judges did not in Sts title refer to tho Court of Special Sessions, and he urged that the Huber case, decided in the Court of Appeals, Judge Allen writ« derer, from the Tombs, There has not been a trial pemert. Mr. Howe also insisted that the Legis- ature could not, without infringing on the cons! tution, set aside judictal oficers woo held county courts. In support of his position he cited several authorities, and showed that the points which he referred to were not revealed in the decision of Judge Larremore, which affected only the Police Justices, and did not refer to the Court of Special Sessions. Assistant District Attorney Lyons claimed, in reply, that the Court was a periectly valid one, and that the proper course to pursue, if the magis- trates were holding the Court illegally, was on the part of the Attorney General to apply lor a writ of quo warranto, which would bring the matter up in prop shape. He quoted from Barbour’s Criminal keports and other authorilies in support of his ar- gumant, Judge Brady said that in view of the paramount importance of the questions raised he would give the matter his prompt and earnest attention, and announce his decision at the earliest day possible, He then requested the counsel to pass up their papers, which they did, Decisions. Kusick vs. Aarris.—Motion granted, with $10 costs to defendant to abide event. Hunter et al. vs. Calvin et al.—Order settled, Cable vs, Marvin et al,—Motion granted, The People, &e¢., State of New York vs. Mallory— In the Matter, 4 Hogan—In the Matter, &c., FarrelL—Orders granted. By Judge Fancher. Kelly vs. Union Trust Company.—Memorandum for counsel. * SUPERIOR COUAT—SPECIAL TERM. Another Application for a Mandamus, Before Judge Freedman. For the past twenty-seven years Mr. Edward A. Davin has been erier of the Court of Common Pleas. His salary was $1,200 a year until 1870, when the Board of Supervisors raised it to $2,500— a raise, it appears, that did not do him much good, as the Comptroller refused to pay the increase. Mr. O'Gorman applied in this Court yesterday for a peremptory mandamus directing the Comptroller to pay him the balance claimed to be due him for the past three years. Mr. Andrews. the Assistant Corporation Counsel, opposed the application on the ground that by a statute of 1869 the Super- visors were prohibited from raising salaries. After some argument the case was put off till to-day to allow an examination of affidavits put in on behalf of the applicant, Decisions. were et al vs. Le Baron.—Motion dented, with 0 co! * Schreck vs. Schreck.—Motion for attachment Senne and motion for alimony and counsel fee lenied. Rigney and Another vs, Aspell.—Default opened upon defendants stipulating, &c, (see memo- randum) Jardine vs. Quackenbush.—Allowance granted. Stanton vs. Dempsey,—Order discharging de- fendant from custody. Hirschinger vs, Anderson.—Same order. Rathbun ys, Ingersoll.—Order granted, By Judge Van Vorst. Gijes vs, Austin.—Findings of fact and conclu- sions Of law settled and fled, COURT OF COMMON FLEAS—SPECIAL TERM, Decisions. By Judge Loew. Larkin vs. Wilson.—See niemorandum for coun- sel. Speddon vs. Speddon,—Motion for alimony and counsel fee denied, * Wamsley ys. Wamsley.—Motion granted; refer- ence ordered. Zschilsche vs. Ass.—Motion to punish Comptroller Green, as per contempt, denied. (Two ee) Tyrneli vs. Tyrnell.—Motion denied, with leave to renew on additional anidavits. ESSEX MARKET POLICE COURT. A Brace of Daring Burglars. Before Justice Fiammer. David Logan and James Hines, two hard looking fellows, were committed in default of $1,000 bail yesterday on a charge of burglary. Sergeant Warts and Officer Goldrich, of the Eighteenth pre- cinct, saw the two prisoners making their exit from the first floor window of No. 849 Second ave- nue, a jeweiry store, owned by Carril Ilson, On their persons was found a quantity of studs, brace- lets and other jewelry, valued at $300, A Female After Overcoats. Mary Miller, a demure looking person, who smil- ingly said, “Not guilty, Judge,” was committed in default of $1,000 yesterday, ona charge of shop- lifting. She went into the store of Louis Freidman, 504 Grand street, with an unknown man, and r their departure the clothier missed three overcoats, worth $100. Mary was arrested a few blocks otf, and, on being searched at the station house, the three overcoats were found artistically stowed away under her petticoats. She also had BuUUle w a fon wwireiny WhluM wees USTU BS ao The Lottery Men Committed. Frederick A. Jackson, alias Edwards, the pro- | prietor of the policy shop No. 269 Bowery, and James Cooke and James White, his clerks, were committed in $2,000 bail yesterday, on a charge of running a policy shop. They were just getting out of their fix, owing to the want of evidence, until Justice Otterbourg got one of the accused, named John Smith, to “‘peach’’ on the others, COURT GF GENERAL SESSIONS. An Ex-Convict Sent to His Old Quar- ters—Sentences of Remanded Prigo: ers—Justice to a Sneak Thief. Before Recorder Hackett. Charles Disch was tried yesterday in this Court and convicted of stealing half a chest of tea, valued at $64,0n the 17th inst., the property of Spencer, Heacock & Co, Disch was sent to the State Prison for five years, he being an ex-convict, Genaro Copertino, who, on the 12th inst., pleaded guilty to an assault with a dangerous Weapon, was sent to the State Prison for three years and six months, John Griffen, convicted of a similar offence, was sentenced to Sing Sing Prison for two years and six months, Arthur J. Holmes, who pleaded guilty to an at- tempt at grand larceny, was sent to the State Prison tor two years, Morris Benson, guilty of the same kind of an offence, Was sent to the Penitentiary for two years, James Harris, convicted of an assault with a dan- gcrous Weapon, was t to the Penitentiary for one year. dohn Lyneh, guilty of petit larceny, was sent to the Penitentiary for six month: Mary He , Who also pleaded tothe minor grace of larceny, was sent to the Island for three | months. Isuac L. Orrs pleaded guilty to grand larceny, the allegation being that on the 13th of Novemb he stole a cloth overcoat worth $40, the pronerty of Junius B. Booto, The prisoner was a hall thief, and the Recorder put him out of the way for four years and six months James Hineson charge of stealir isreputable ho COUAT CALEROARS—THIS DAY, EME COURT—SPECcIAL TERM—Held by Judge somurrers—Nos, 8, 10, 26, Law and tac’ 145, 163, 179, 194, 50, 51, 62, 63 7 23 38, 45, 02, 123, s tried and acquitted of a $39 from F. erick tlarrow, at & on West Broadway, 3, 58, 7 211, 175, 193, 239, 123, HAMBERS—Held 1, 1 M4, by Judge 2.—Adjourned 1. 85, 105, 182, p ~CouRT—CircwItT—Part ijourned for the term. Regular Teri Adjourned tor the term. SUPERIOR COURT—TRIAL TenM—Part *1,--Ad- journed tor the term. Part 2.—Adjourned for the term, COURT OF COMMON PLEAS -TRIAL 4 Adjourned for the term. the te 'ERM—Part 1.— Part 2.—Adjournea for mM. Ne CourRtT—TRIAL TERM—Part 1,—Adjourned term. Part 2.—Adjourneda for the term. H —Held by Recorder rew Petty, robbery; felonious assault and bat- ecker, burglary; Same vs. nan, burglary; S vs. Patrick Maier, burgiary; Same vs. Peter ¢ y a Frank copie vs. And ‘ and recelving stolen goods; Carmiaux and Joho Connors, larceny ceiving stolen goods; Samo vs. Pat Lins and Charles Collins, gland larceny; Same vs, James O'Neil, grand 5 Same” vs, dotn Quilty, ny irom the person; me vs, James M ho and Mathew Dwyer, lar ; John Keefe, alias Jonnny reek, larceny irom person; Same va. Thomas McConnel, larceny from the person; Same vs, Jolia Clinton, assault and battery. me vs, BROOKLYN COURTS. sen SUPEME COURT—“PEGIAL TERM. Application for a Mandamus, Before Judge Giivert. Counselior A, A. Dailey made application yester- day for a peremptory mandamus to compel the Board of Supervisors to pay the bill of Edward Morris tor $200 for boiler work at the County Jail, ie relator claimed that the work and material had been duly furnished, and that the Board re. fused to pay him. ‘The Court dented the motion for a peremptory mandamus, but granted an alternative writ, in order that the case might be argued, CITY COURT—SPESIAL TEAM. Decisions, By Judge Neilson, Seeley va. Hendevsou.—Application on the rain- 4 ing the opinion, held that a law coula not be elective unless it embraced in its title its full Utes for a new trial granted, Head vs. Cornwell.—ue answer being a general Geniai oi tne mutvers charged in the complaint ¢: not be stricken out on motion, Motion denie without costs, reeting vs, Heewig, &c.—Motion to confirm re- port of the referee, Mr, Fisher, granted; costs to the amount of $30 allowed to the defendant’s guar- dian who answered; the like amount of costs, as now adjusted, to each creditor who appeared and answered. ‘The interest on the claims of creditors fake computed from the time when due and pay- able. Most vs. Merger.—The defendant ts appsinted re- ceiver of the copartnership property, and the bond given by him as sach, with two sureties of $5,000, approved and file Smith vs, Ulrich,—Motion to vacate judgment and sale granted. Beard ys. Holinan.—Order that the decision of the Court of Appeals affirming, &c., be the judg- ment of this Court. Lambert vs. The Lackawanna Iron and Coal Company.—Case dismissed for want of jurisdiction, but without costs, Litchileld ys, Muller.—Motion denied without costs, Crossley vs. Morris.—Application for new trial denied, The defendant, having actually sold and transferred all his Interest in .the railroad com- pany as a subscriber for stock before the work and labor for which this action was brought had been performed, no liability attached tohim, 1 think the case at the trial was properly dismissed. Porter ys. Porter.—Motion for allmony, &c, granted, THE BUCHU CHIEF JUSTICE. That $1,600 Carriage Purchased by Gov= ernment Funds for the Family of the Buchu Chief Justice. The Washington special correspondent of the Springfield (Mass.) Republican says:—“That $1,600 carriage turns out to be one never used by the de partment, but wholly by the family of Williams, It is uphoistered with rose colored silk and has the family monogram on the door, and not that of the Department of Justice. Furthermore, the driver and foouman are on public payrolls.” Will the Senate Dare Confirm the Buchu Chie? Justice t [From the Worcester (Mass.) Press, Dec. 27.) It seems to be generally understood that Attor- ney General Williams will not be confirmed by the Senate for Chief Justice. We may congratulate the country upon escaping that disgrace, though it cannot escape the disgrace which 1s entailed by 80 improper a nomination, and by the personal and oficial pressure which the administration has brought to bear to secure the favorable action of Senators, 1t is seml-oMcially given out that Pres- ident Grant will not withdraw the nomination, and that he still nas hopes that the Senate will, as on 80 Many previous ocecasions. finally prove subser- vient to his will, While the past action of that body gives him ample reason for entertaining such an opinion, it can hardly be possible, in the present state of the public mind, that any reputable Sena- tor will dare to vote tor Mr. Williams’ confirma- tion, Added to his intellectual unfitness for the place, which the people have now come to clearly understand, are the most serious charges affecting Is personal and official integrity. ‘hese charges are made by his political friends, and are so specific and direct that they cannot be ignored or dis- missed Without the most searching investigation, His action in the Louisiana case, as in tue more recent Arkansas troubles, has shown him to be ready to prostitute his olficial position and the law to the pollsical advancement of personal and party triends, while the exposure of his action in relation to the Uregon election frauds proves that he is willing to use his oflice in defence of crime, rather than for its punishment. The charges in this latter case are particularly explicit, and they are equally damuging. They are made, it must be remembered, by republicans who have no motive to speak, except to save thc country from the dis- grace which would be caused by the promotion to the Chiet Justiceship of a man who has shown him- sell to be in league with a corrupt and unscrupu- lous railroad ring. The Attorney General in a New Role. [From the Portland (Oregon) News, Dec. 16.) Some time since, and about the time of the last visit of Attorney General Williams to Oregon, a Mr. John Meldrum desired a surveying contract which was to be let by the Eugene City office. So desirous was he that he entered into a written contract with Judge Williams, by the terms of which he was to pay to Jake Hoffinan $2,000 in con- sideration of his receiving such contract. ‘The money was so paid, and the contract for which It was understood to be a consideration was awarded. It the disgrace of the confirmation of Judge Wil- nats shall not be so soon consummated as to pre- vent the inquiry we suggest to the Judiciary Committee and the Senate of the United States an investigation into the facts. D. Py ‘Thompson, a weil-known citizen of Oregon, and at this time in Washington or somewhere in the East, is a brother-in-law of the man who received the contract and advanced the $2,000 consideration fee, Mr. Thompson was also present at the making ol the contract. Jake Hofman ts reported to be in New York, in some way connected with the “De- partment of Justice.” It ts suspected that this 1s one of the secrets of the power of Mitchell over Williams, All these men are accessible by the Sen- ate, aud, if called upon, must substantiate the ac- count we have given. Jake Hoifman was once a law partner of Judge Wililams, and is now a de- pendent upon him. Such is the man whom Mr. Grant ptaced at the head of the Department of Justice, and whom he now proposes to make Chief Justice over 40,000,000 of American people, Is the Bachu Chief Justice a Third Rate or a Fourth Rate Lawyer? [From the Boston Courier, Dec. 28.] The extreme, even excessive, unfitness of Mr. Williams is a universally admitted fact. In point of purely mental qualification and projessional ac- quirement the only question that has arisen is whether he is to be ranked as a third rate or asa fourth rate man, His friends claim for him the former position; his more moderate opponents con- cede to him only the latter, What a scandal it would be if the Chief Justice of the United States should be coniessediy unabie to comprehend the arguments made by really learned counsel in the causes in which he sits in judgment! But worse than this are the aspersions cast ujon Ms moral character, The Juaic Committee are in- vestigating the injurious charges, in sessions profoundly secret, like a jury of matrons empan- elled to determine the question of a sister's chastity. But not jess than Cwsar’s wife should the head of the national judiciary be beyond suspision, A taint, even unjustly cast, is a disqualification, no Inatter how great the hardship which sucha rule works to the individual. The public welfare, which is the supreme law, seve demands this; but, unfortunately, there is more than mere vague sus- picion in this case, The Senatorial veil o1 privacy has not altogether protected the miserable arcana. THE PHIL KEARNEY STATUE, Abronze statue of the late General Phil Kearney has been on exhibition at the State House in Tren- ton for two weeks past. The committee having it in charge yesterday decided to accept it, and at the suggestion of Governor Parker a formal unvell- ing Will take place on the 2ist of January next at Trenton, where orations will be made by the Gov- ernor and Courtiandt Parker. A military display and other appropriate ceremonies will also grace the occasion. This specimen of sculpture has cost $8,088 20, which is borne by the State of New Jersey, in accordance with a special act of the Legislature passed at a recent session, It was modeled from a life-size portrait of the de- ceased General by Henry Kirk Brown, of Newburg, N, Y., and itis pronounced to be @ true likeness of “gailant fighting Pail,” who was often heard to say during the late rebellion that he would take the Third New Jersey infantry and the First New York cavairy “througn hell after @ barrel of babs Another sta‘ute, of Richard Stockton, who signed the Declaration of Independence, 1# now in course of construction by the same sculptor, the clay model having just been periected, tts cost will nearly amount to that of t Kearney statute, which will likewis® be borne by the State—the ap- propriation for both being $15,000, A PRIZE FIGH?, A NOSE BITE AND A ROUGH AND TUMBLE MILL [From the Baltimore American, Dec, 29.) On Friday last a pri fight was arranged be- tween two men named Phillips and Greer, well known in the neighborhood of the Belair Market, Four carriages conveyed the principals and their friends from near the corner of Forrest and Ensor streets out the Philadelphia road to the vicinity of Herring Run, Here the ground was marked of, seconds were chosen and the preliminaries ar- ranged according to the ugnized code of rules for Buch brutal sports, alter which the combatants went to work and hammered each other until finahy Greer, in a fit of desperation, d Phillips? nowe With M18 teeth, and, as it if shated, nearly bit it om! At this juncture the “intends” of the fighters conciuded to terminate the contest, and the partics returned to the city. On Saturday aiternoon, about tous o'clock, the two partics met in lays? restaurant, on Forrest street, where @ Neht ensued, during which a pistol shot was fired and aman named Scherer was either shot or cut in the leit shonider, Another man, hamed Fay, was aiso injured by being bit in the tace with a tumbler, Considerable excitement existed in the vicinity for a@ Short while, but as the fracas oc curred ina barroom and te contending factions quickly dispersed, the police did not make any TRYON’S TAKING OFF, The Tragic Fate of Francis Fischey Avenged by the Arm of the Law. - The Elder Murderer Dies in the Noose; and His Son and Accomplice Goes to Prison for Life, BaRnig, Ont., Dec, 30, 187, The crime of John Tryon and George, his som ‘Will be long notable in Canadian criminal history for the bloody nature of the deed and the trang parency of she attempt to cover it up. John Tryon was aman of about 60 years of age, with several children, all married and settled. His son George Was aged about 30, In the fall or early winter of 1872 they entered into partnership with Francia Fischer, to hunt and fish and trade with the Iny dians upon the north shore. Fischer was a Gery man, aged 52, who came to America about a quaré ter ofa century ago. He was unmarried. A retis cent man, he had very few acquaintances in tha United States, and no relatives. From 1867 to 1878 he was in business as a chemist and druggist ay Syracuse, N. Y., in partnership with James Sq Plumb, They dissolved partnership in 1871, Plum paying him about $3,000 for his interest in thd business. With this money Fischer came to Can- ada and engaged in peddling. Wile on one of hig tours he met the Tryons, as has been before stated, and entered into partnership with them. He fur- nished the outfit and provisions, costing aboué $250, and was to keep the camp and do the cook ing, while the Tryons were to fish, shoot and trap. THE SCENE OF THE CRIME, After camping awhile on French River they moved up to Lake Comniandat, where they built a shanty and set to work. Their only neighbor was aman named McKee, who, with his three children, the eldest a boy of 16, lived across the creek. A camp of Indians was a few miles distant, and, still further away, was South River, a settlement prins cipally consisting of a sawmill. Their log cabin stood ina grove of trees. Between two of these, close to the cabin, was erected a “meat rack,’ formed by nailing boards and slabs to the trees, abouteight feet from the ground. Here the hunt- ‘ ers piled and hung their venison, in order that it { might be out of the reach of wild beasts. On tha : 28th of February there were some 400 pounds og meat upon it. THE TRAGIC DAY AND DEED, ' On that day the settler McKee was absgnt from home. His son Robert saw Fischer retur/? to tha cabin about half-past tour o’clock in his usual health and spirits. About half-past six or seven o’clock he was startied by George Tryon, who came to the edge of the stream and called out, “Come over, quick! I think Fischer is dead. W@ found him lying under the scaffold.”’ Going over, he found the elder Tryon standing by the scaffold and crying, ‘Pull of the slabs.’’ He said to thé boy, “Bring me a candle.” Both Tryons went to the cabin, but returned without a light, and only produced one when the boy refused to pro. ceed without it. Fischer was lying on his back, hig head between the trees and his feet toward the shanty. One slab was across Fischer's face, the other across nis breast. ‘he meat was mainly resting on the slab on the head. McKee uncovered the body, which was lifeless, both of the Tryon affirming that they were too much unnerved to help him. On carrying it into the cabin and wash- ing the face McKee noticed two cuts upon thd forehead and one on the back of the head. THE MURDERER’S STORY, He satup withthe dead man and his unsuge pected slayers that night. John Tryon told him’ that Fischer had often spoken about dying in tha woods, and expressed a wish in that event that his body should not ve buried, but be thrown intg the river. He further said that George had in. tended going to South River in the morning, any had ecu Fischer out tor meat to cook and to take with him, When Fischer went out the oid man wag lying on the bed and George was sitting by tha fire, Whistling or singing, as Fischer did not re« turn George went out to see what was keeping him, and soon called out, “Father, come out, ! Fischer is under the scaffoid.”? He went out, fischer and exciaimed, “Oh, God! What shall we do?” George replied, “Wall Bob over,’ wheres upon the boy Wus summoned, Next morning some Indians were sent for, wh made a rude coitin of slabs and buried Fischer it it, Shortly before the burial John Tryon searched Fischer's pockets, and, in the jad’s sight, took theretrom some money which he gave to his song 4 On the next Sunday George Tryon went to souu River and told the story of Fischer’s death and { mailed a registered letter to his wile, ARREST OF THE MURDERERS, . The news of Fischer’s death unaer such suse picious circumstances soon reached Parry Sound, and on the 6th of April Dr. White and a constable were despatched to investigate it. They arreste both Tryons, in whose possession was found aboj $500, of which $350 wasin greenbacks. The pris@. ers reiterated their former statements as to tile ; cause of Fischer's death. Upon disinterring th bouy all the organs were foand in a heaithy condis tion, but on the head were five or six inurderougs wounds, all but one of which nad evidently been in- flicted with the blade ofan axe. The skull wag cut through at each place. ‘Ihe other blow nad fallen on the top of the skull and crushed it in. THE TRIAL AND CONVICTION, After their arrest Mr. Plumb, Fischer's former partner, visited the Tryons to ascertain the man- her of his death, Tryon, the father, told the same story, but was confused and frequently contra+ dicted himself. The trial took place at Barrie, September 18-20, The evidence for the prosecution was of a most crushing character, though circam- stantial. The defence yainiy contended that the Tryons’ story Wes correct, though medical experts had proved beyond doubt that the wouads never could have been given tn sucha manner as they related, Finaily, the jury, after an absence of an hour, found both prisoners pay The Judge agreed with the verdict, and said that he could hold out no hope of mercy. He hoped the prison. ers would repent of their crime, and sentenced them to be hanged, the execution to take place on the 16th day 01 December, It was subsequently postponed until to-day. The prisoners, being asked why the sentence of the Court should not be passed upon them, John Tryon said:—“lam not guilty of the crime—neither of us, Could the jury see the place waere the death occurred they would Say so too.” George Tryon said:—I am ag Invocent as the child uuborn, ‘1 have a wite and child; I hope the country will not let them want? THE NFESSION, Next day the Hon. D'Arcy Boulton, their counsel, called on Jolin Tryon and told him that, as all hope of escape from the gallows was now past, it would be as well for him to confess his guilt if guilty he really was. Immediately upon hearing tis the condemned man jell upon his Knees, and, with up- lifted face and hands, made a clean breast of the murder, A detailed statement ot his confession was taken by the Governor of the jail, as follows :— John Tryon says that on the last day of February he killed Fischer. “He did not do it for the sake ot Fisener's money, At th © Was Not aware that he Wag possessed of tu V amount On the next d ‘Ke Was to leave for home, as he was every day ting more con about fis wite, who was fast ap proaching the time of her confinement. He could not bear the thought ot his son leaving him behind, as he thought he could uot endure the hardships till the opens ing of navigation. Itwas now da dhe had down on a bed in a corner of the shanty, while George (ing with his head Jown, at thé table, singi in alow! tone. While thus occuvied Fiseuer wen! ly breaktust. When he ¢ door it seemed to him as if the devil Him in a moment, and that he suddenly re- ling Fisener, k end to his son's idea of way his feel, he slipped from tie bed ag qu was ouiside the door, siumted right b ok. When he got outside'he seized a large chopping axe and followed, ‘tnobserved by Fisehcr, Wao had just raised up his head to look at the venison, when Tryon strack him such @ heavy blow with the pole ot the axe as to break ¢ the skull, Fischer fell on his face, afier which he struck him several blows which killed ‘hin took hold of one of his feet to p his back. the slabs iryon then piled the meat on ck into the shanty. George he Was still singing, and he did not notice him come in and pass pack to the bed, Ut you) Was not absent over one minute ant a After lying or about 10 minutes: he then pretenaéd to get ap, as if nthing had occurred, He said to George, “Woes not Fischer stay out long? What keeps him?” tle son gotup and. went to look or hit, bat soon came back, crying out to his father thatthe rit. te ran and utirom under It, Told on; let us call Bot Geor Hid 80, wered and came ; the old man Tryon was ag ad, and had been stooping down asif listent breathe, Hut that Was mere pretension, ag ow to hear him he suid hy ell know that Fischer was already dead. Ho said to Hob, “This is a terrible acer dent” He never mentioned to anybody, not even. to George, that he had any hand tn kill ng Frechor, He fit * conident that it could never be proved agaiust Min, and determined to keep the secret, ashe (elt assured (hav it his son knew ithe could not keep it, His heart had be come as bard as a stone, and he did nocfeel the slightest but now that te kite: he de= “0 t aniounted only to $1 @), and all the other whieh he held and professed to claim, amounting to $400, belonged to Fish fis son got no part of it; all the money he had belonged to ht THE DEED OF BLOOD AVENGED, The murderey, Jolin Tryon, was executed within GOONTINUED ON NINTH PAGE. )