The New York Herald Newspaper, March 11, 1874, Page 5

THE COURTS. The King-O’Neil Tragedy—Close of the Testimony. SANE OR INSANE? Doctors Again at Fault—In a Lunatic Asylum for Five Days—Action for Damages, peered IN THE OTHER COURTS. The Criminal Term of the United States Circuit Court will be opened to-day at No, 27 Chambers Btreet, at eleven o'clock, by Judge Benedict. Michael Renner, of No. 37 Lewis street, was yes- Verday held by Commissioner Shields in $500 bail for examination on a charge of having carried on business as a retail liquor dealer without paying the special tax required by law. The trial of the Woodhull-Clafiin libel suit, which has occupied the attention of the Court of General Bessions for severai days, is drawing to a close, The evidence was closed on both sides yesterday, ‘nd the counsel will sum up to-day. THE KING-O'NEIL TRAGEDY. Testimony in Rebuttal—Opinions as to King’s Sanity by Those Having Busi- mess Transactions with Him—He Is Pronounced Sane by a Medteal Ex- pert—Summing Up for the Defence— } Probable Close of the Trial To-Day. The long protracted trial—yesterday being the eleventh day of its continuance—in the Court of Oyer and Terminer, before Judge Brady, of James C. King for the alleged murder of Anthony F. D’Neil, has about reached its termination. As asual, the court room was crowded, and the pris- | Dner, with the same seemingly li difference, sat by his counsel, William F. Howe and John 0, Mott. tless* air of in- There were more ladies present than on any previous day. | Most of the day was occupied in the examination of witnesses in rebuttal of those for the defence, These were principally of parties having had busi- ness and other relations with the prisoner, and they all had failed to discover in his conduct any indications of unsound mind. The chief rebutting witness was Dr. John P. Grey, of the State Lunatic Asylum, at Uti who, as will be seen by his testi- mony, pronoun hin sane. His testimony con- pluded the case for the prosecutio: Beach proceeded to sum up, oc hours. timony, as well as a pretty full epitome of Mr, Beach’s address, will be found in the subjoinea report: upying several TESTIMONY OF DR. JOHN P. WHITE. Dr. John P. White, thé rst witness called in re- | buttal, testified he had been the prisoner's family physician tor six years, and had not treated him personally except for trifling ailments, YESTIMUNY OF BEVEKLEY ROBINSON, Beverley Kobinson testified that he had had a loan transacuon with Mr. King, having jent a Mrs Royston, through him, $10,000 on a mortgage Matter Was closed up between himself and Mr. King on November 15; Mr. King acted as the triend of Mrs, Royston ; the prisoner appeared to act ina perlectly rational manner, TESTIMONY OF MRS. MARY ROYSTON. Mrs. Mary Royston testified that she owned a house in Kast fighteenth street, which the pris- | oner occupied about four months in 1871 or 1872, beiore he went to Turner’s Station; in the fail of 1372, receiving a note irom him, she came to New York and met him; his business was to get the address of two servants; during it she spoke of her wish to get money on mortgage on her house, and he undertook to arrange 11; he trans- sacted all the business for her; she saw him seve- ral times about it, tie business lasting four or six weeks; about a week belore the killing he came to her and told her the papers were ready, and she | came to the city with Lim; on Saturday he came again to her and told her she must sign some other papers belore he could get the money; she went | with him and signed the papers without reading them; on Monday she heard of the shooting, and & day or two afterwards went with her counsel to Fee him in the Tombs; he declined to answer any questions, but said her money would be ail right; give him some days and he would raise the money ; bhe called again about the Ist of January, and he said he had no explanation to make; she called Once or twice more and he said he was in worse trouble than she was; when he got out of it he would pay her. TESTIMONY OF WILLIAM J, MARVIN, William J. Marvin, an attorney, who was in the | same office with Beveriey Robinson, in 1872, testi- | fied that he accompanied the last witness to the | Tombs the Wednesday iollowing the homicide; | be walked into the room smoxing; Mrs. Roy- ston said she was sorry to hear what had hap- pened; he said something to tue eifect that it was too late now; that it was done, and directed them | to callin about eight days, as he was in trouble now; they cailed again, and Mrs. Royston asked for | her money, and he said he had a claim against her lor services. TESTIMONY OF JAMES C. DENNEY, James C. Denney, a clerk in the District Attor- Dey’s office, identified a “recognizance to answer” | in the case of The Peopie vs. Sownley, signed by the prisoner as Townley’s bail; Mr. Garvin directed him to take King as bail for Josepn Townley, in November, 1872, and Mr, King said he would give | real estate or personal security; witness thén took | Mr. King’s statement as to the real estate; Town- | ley was bailed out; the surety was in $1,500 that | Townley would appear to stand trial for grand lar- | ceny. 2 Mr. Beach earnestly protested against this evi- lence. Judge Brady said it was admissible as tending to snow whether the prisoner’s conduct at this | time was rational or irravional. Mr. Beach objected that the evidence was not materiai, because the fact that King said he was possessed of certain real estate proved nothing. Judge Brady said all the incidents of giving bail | tended to show he had periect understanding of ‘what was going on. Witness said the prisoner offered to give either realestate or personal bail. He was directed to give real estate. Mr. Phelps here read the statement of James C. King that he was worth $17,000 over and above all | devts, and owned the house and lot No. 111 Hast | Eighteenth street. ‘The witness was then asked how did King look, and he answered, “He looked very stylish, was | stylisuly dressed, and wore a mustache,’? TESTIMONY OF JOHN SPARKS, Mr. John Sparks, Clerk of Oyer and Terminer, Proved that the recognizance was filed November | 1, 1878, anu Townley discuarged, TESTIMONY OF J, STERLING SMITH. Mr, J. Sterling Smith, of the office o: Brown, Hall | & Vanderpoel, proved that in August, 1873, King | brought witnesses to him and furnished him with | jacts for the affidavits in the divorce suit against | his wife. TESTIMONY OF CHARLES E, PEASE, Charles E. Pease, Secretary of the United States Life Insurance Company, spring of 1809 they issued @ policy on King’s ule for | $6,000 for the beneiit of his wile; it lapsed at the | end of the year by non-payment of the premium. | Mr, Phelps offered in evidence King’s declaration on which the policy was issued. In this declara- | tion he denies that his parents were insane or | eituer of them, or thatdie has or had any hered- | itary disease. TESTIMONY OF WILLIAM R. DE WITT. William RK. Ve Witt, who resides at Turner's, Orange county, testified that when O'Neil was arrested on the seduction suit. he went bail tor him; King had previously endeavored to dissuade him from doing so, and subsequently wanted him to surrender O'Neil, saying he was sure to leave the county; about six weeks beiore the homicide King requested him to wait on Mrs. King and ask her to come back and live with him, aud that he would drop all lawsuits, and, if nothing else would Satisiy her, she might live in one side of the house and he in the other, and he would never trouble her in any way or shape; witness saw Mrs. King, and she said there could be no reconciliation between them; that if he was to threaten to shoot her children unless she went back she would see them sho« rather than she would go back, she had suffered so much from him; he told this to King, who answered, “Pooh, pooh; that’s nothing, she’s crazy; don’t that go to ‘show you she’s crazy?” after this they had a con- versation on the railroad cars coming down; vhe prisoner Was very well dressed and looked very nice indeed 5 he carried two pistols in the outside kets Of His overcoat; witness noticed it be- cause the prisoner took them out and said, ‘Billy, dO you see these? they are for my ene- the Saturday before the homicide he Las oA aay are one & u 0 Bay qmoney—that don’t look like it.’” Alon hid TESTIMONY OF JAMES J, KELSO, Ex-Superintendent Kelso proved that in the summer of 1872 the prisoner called upon nim and asked the ald of the police In the mysterious dis- appearance, as he called it, of his wile. Four days alter Mrs. King calied at the office. Two days aiter the wife called King came again, and wit- Judge Beach, | then Mr. | All the leading points of the additional tes- | 3 the | | office. ) | Every testified that in the | 1 To Mr. Ph yn the second interview he was Dot excited; he had cooled down. ATTACHING AN ABSENT WITNESS, The District Attorney here asked tor an attach- ment against Jesse A. Folk, @ Witness, and it was grapted, TESTIMONY OF DR. JOHN C. GREY. Dr. John vu. Grey, the physician in charge of the State Lunatic Asylum, who has had very large ex- erience in the treatment of lunatics, testified that ¢ had made an examination of the prisoner in the Tombs at the request of the District Attorney. He Was then somewhat thin and pale, suffering from prisoner explained by saying he had been under the care of physicians for attacks Of nervous para- lysis; he judged him to be sane then; tue prisoner quite trankly related to him the facts ol his life much as they had been detatied here; the prisoner did not feign msanity, but did somewhat exagger- ate certain portions of his statement, The long hypothetical question put yesterday by Mr. Howe to his own expert was here re- peated by the District Attorney to Dr. Grey, who answered, “1 should say the man was sane.” ‘The District Attorney then added some of the circumstances omitted by the hypothetical ques- tion previously put, and repeated the question as to the mental condition Of a man so acting. ‘The doctor again answered, “I should say he was sane.” ‘To Mr. Beach—In the opimon 1 have given I have assumed that he probably bad had an epileptic | seizure; assuming that he told me the truth, L | thought it probable that he had an epileptic seizure in San Francisco and.one in 1870; I assume that he | had recovered trom the epilepsy; 1 assume that he inherits @ constitution that renders him liable to epileptic attacks, and that that constitutional condition remains; Mr. King might have another epileptic .attack; in confirmed cases of epl- lepsy the fits are more or less regular; in other cases they are not regular; the lighter torm of epilepsy is more likely to impair the mind; I did not conclude that King had the lighter form; epi- lepsy results in disease of the brain, producing o! ten perverse action of the brain; we cannot de- termine with accuracy during the Iie of the man the extent of the brain disease; our main means of determining it are from the manifestations of the patient and his bistory; a person may be under such strong emotion, increasing the action of the heart so as to distend the blood vessels of the brain, or even rupture them, and so produce‘disease of the brain; a man may have an abscess of the brain and we not discover it till after death; in the case of stroug emotion the mischief might be instan- taneous, but not immediafe insanity; the in- sanity would result irom the natural actions for the repair of the estons Jealouay: is one of the causes for insanity, acting in a somewhat different way, however, gradually impairing the health, and | thus producing the result; long brooding over a thing might produce it in the same way, and the impairment of the health would not necessarily be shown by emactation; it might attack the nervous system directly; certain elements might lead me to suspect the presence of melancholia, but the cure of that depends on the rehabilitauon ol the diseased tissue of the brain. The witness | then proceeded to describe the etfect of epilepsy upon the brain, ‘The District Attorney announced that this closed his case, and therefore the Court took a recess, SUMMING UP FOR THE DEFENCE, Mr. Beach commenced his address on behalf of the risoner at forty minutes past two P, M. He said he would y the tacts before them in a plain, conversational way. He was sure he need not impress ou them great forbear: a In the impertect and frail condition trom tallen na nuld only be guided by the doctrines by which justice is most securely administered. I need not paint to you uh of the i. Lam not sure I come to the conclusion, judging trom ap- at it will but little aitect'the prisoner. Sur- the terrors of the law and pursued by a pre y it without oflence—of most unusual vin dl sitting there listening to the shan of his act, there was no pallor on his brow; he sat there the thost indifferent of the spectators. It Was not So a little while ago, when, he was a prosperous mer- | chant, genial and happy in the midst of his tamily. But | reverses came. He struggled with an honorable and | ‘® his fortune and he was happy | still. The uded, but the earth was yet beau- | tiful, for th fn a blessed and a wife whom nd honored. Won by those cheering impulses ng only trom @ cheerful and happy and brave should rathe: Y whic | in his me. The tempter, the serpent, entered his Eden, He was a@ changed man—changed’ in tem- ferament, disposition and conduct, if this eviden Is to be believed. It all culminates in that simple story, the genial companion crushing his hat over his tace in shamciucedness and reeling through the streets like a drunken man, Connect that with his running through the streets atver his runaway wife and captured children, ‘Think of him tor months coming to his dismantled home | and hearing trom his menials the sad tale of his wife's | suspected dishonor; seeing her who had giver herselt | to bim in her youthful loveliness parading in public with the man he believed to be her seducer. Think of his agony as he remembered the faces of the young children | he loved and imagined what would be their tate. Can | Youdmmagine a fate more desperate and despairin a cating his difficulties? No veuit after lawsuit) compli wonder, if you should look into his heart, if you found ere the longing for rest, even if it were the rest of the grave. No wonder if that stricken man sits there the | most unnoticed of all the spectators. But one tie binds him to earth—love of his little ones—and, I believe, the one hope in his heart, that his blasted hte may’ yet | he spared for the sake of the weltare of thase little ones. | Itis uot often that any counsellor in this Court finds it necessary to differ with the District Attorney as to the | manner of conducting a case. Accomplisned and able, | ofaw honorable and upright nature, he eh conducts | prosecutions with uprightness and candor, and it is only irom duty to my client that I venture to express the opinion that in this case he has forgotten his usual fair- | ness. What interest has he, except that which belongs to the general citizen and the interest he feels in his otti- cial duty, in hounding this prisoner to the scaffold? He is the representative of the pecpls. whose interest it is that the accusation should be mvyestigated with due r | gard to the lite of another citizen, whose mterests | Gre as dear to the State as’ those of that | other citizen who slumbers in a eta ies In my judgment the opening address of the District At- | torney was untair and inflammatory. What right had he to say that this stood the tirst on a long list of murders demanding judgment? What knowledge had he but that communicated to the community by the press? What knowledge was that? What was it beyond the ignorahice of the crowd that pressed upon the, heels of the prisoner ready to lynch him? What knew he of the features of this case? Isay it ee art he respect; it wasa departure trom duty, and ir the mind of any juror was affected by that declamatory and inflamma- ‘tory address a wrong was done to one of our citizens. if With What right had he to cast upon this mat | the unwarranted assertion that while he was mourning over his biaswd home he attempted to break into the chamber of a servant girl? What right had he to attempt—and I say it was infamous to attempt—to fasten on this man the shame of improper intimacy with a lady boarding in this house, a relative of Edwin James? These are hot the promptings of the District Attorney's mind; they have no foundation but the dirty imaginations in which they originated. The District Attorney had a serpent athis elbow—a man who turned traitor, man who is prompter at one moment and takes the ‘witness stand at another, and is atany moment ready to fulfil, the qutes’ of his dirty When the District Attorney can connect this with the traces of Old disease it may represented this is a “ribald and sinful man He may have sinned, but let nim that is without sin cast the stone. He may have deceived the life insurance company, but what has that to do with the mental condition of the prisoner? ‘These things are no proot of the tacts or all fi How does it illustrate the condition of his swore he was the owner of Mrs. Royston’s ho document which the District Attorney introduced? Whether King swore truly or talsely is not an issue in this case. Whether he misrepresented. his condi the insurance company for the sake of obta policy for his wite is not material to the Issue w he Was guilty of murder when he took the life of O'Neil. He may be a burglar or thief, but itis an allegation we are not bound to answer nor You to consider, 1 will now consider briefly the facts of this real case, He next proceeded to enumerate the leading features of the homicide. It was committed im the broad da; light, where men most do congregate, aud in the pre r them the wite of O'Neil. He fires at the back of O'Neil. ‘The prisoner had sat two hours unmoved, listening to the infamous calumnies ot 1 against him. There was no sudden combat. one called itmurder, The crowd that gathered called it murder. The Disirict Attorney's opening was anecho of thatery. But any reflecting mind could see that there was.a mystery, and you have heard the mys- tery explained. Seeing him sitting silent while O'Neil told these calumnies, while his heart was bursting at the fear the proceedings would result in tear- ing from him the treasures of that heart, 1 would at once sa this mi is acting very strange. He would endeavor, in rely argumentative way, to show them that the det ‘© of insanity in this case was just. The prisoner did a desperate and bloody thing. If con- ius of his act he shot O'Neil to death. Counsel wou cordially unite with the District Attorney im pronounc- ing ita cowardly assassination. He fired at the man’s back, gave him no equal chance, did not act as a brave enemy, and it he knew what he was about it was a shameful act. But if he did not know? If trom the results of physical disease he was unconscious of the true nature of that act; if the hand of God, acung through these causes, so intluenced that brain and soul, it was not for human justice to condemn him. He besought the jury by the sorrows of that man, by the spirit of the laws, [ts justice, and in humanity, to. approach the consideration of this case in the spirit of mercy. After paying avery high compliment to Dr. Grey for his ability and éxperience and general re- liability, he remarked that he gave them but a atter all, and was contradicted by Dr. Golden, a man of eminence abroad, and even Dr. Grey had to admit that distinguished authors record cases of sudden insanity from shock, and sudden cure, and he reluctantly adwit- ted the possibility of such a ‘thing, but he wouldn't like ‘These gentlemen lead us to conclusions on possible mis- taken opinions. Doctors differ here, and they wore mis- taken in the case of the unfortunate Freeman. Exercise your own intelligence, and let your examination satisty u that the opinion is well founded. Lbetieve the time Is coming when we shall all have to answer for the deeds done in the flesh, and when [ shall have po: in the providence of God, if you should condemn that nan, to ‘you why you Wid it. If there ts inmortatity and a future, when’ you and he and I shall stand before the ultimate and ‘infallible Judge, 1 will ask the question. He then contended that the opinion of Dr. Grey, who examined the prisoner four months after the hoinicide, was yalueless on own showing, and e oy, in humanity to believe that oner's brain gave way after hearing the ing voice and accusations of O'Neil; but that the subsequent shock, the shouts of the crowd, and the thought that his bullet was well sped, guided by the hand of Providence, and the wife of his bosom: should no longer ramble’ with O'Neil In woods and bowers, the balance was restoied. In conclusion he referred to the opinion delivered in the Supreme Court in Washington in the Wagner case, to prove that the law recognizes an insane frenzy Which the man has not the power to resist At this stage Mr. Beach suggested an adjourn- ment. The Court left the matter to the jury. The foreman polled them and a majority were for ad- journment. The Court was accordingly adjourned till the usual hour this morning. “J AM NOT MAD.” Two Doctors Swear a Man Is Crazy, and Send Him to @ Lunatic Asylum—Tneo Doctor in Chief ‘of the Asylum Pro- ness gears to have anything to do with @ family uarrel, bs To Mr. Beach—His manner was excited; he pro- fessed to be able to give no account of the disup- pearance of his wife and children. Mr. Beach—He was very much agitated ? Witness—Well, not more than @ man would be ‘who Gad missed his wife and children, (Laughter.) Him—suit for Damages Against the Two Doctors=Curious and Interesting Ca: Conrad Jakob is a man about fifty years old, with full grayish whiskers and sightly bald, @ round, Tuddy face, piercing black eyes, and neatly dressed. cold, with @ slight bronchitis. There were some | traces of former constitutional disease, which the , » | were in attendance, | opinion | | the latter. to accept these cases, though given on such authority. Cour nounces Him Sane and Dischargest, He certainly looks like a mild tempered man. He has two accomplishments, drinking lager beer and understanding French, both of which, instead of being a help to bim, got him into serious difficul- ties, as the sequel will show. According to his story in 1571 he was carrying on a laundry at No, 170 Third avenue, and he estimated the pecuniary worth of the establishment at $4,000, While he was washing other people’s dirty linen a con- catenation of circumstances brought to light some dirty linen of his own fam- ily, the cleansing of which being beyond the capacity of his own skill in this line, he now in- *vokes the Court to cleanse for him, Une day Dr. Theophilé Lalanne, who, by the way, Was surgeon of Le Gal's regiment during the War, asked him if Would like tomake $10 by translating a French- man’s will into English, M. Jakob was not above turning his lingual accomplishments to good ac- count, and so accepted the offer. He was told that the Gallic gentleman whose last will and testa- ment he was to Anglicize was an inmate of the Lunatic Asylum on Blackwell’s Island. He went there with Dr. Lalanne, when, to his utter aston- ishment, the latter, under COMMITMENT OF LUNACY granted by Police Justice Shandley, gave him in charge Of an oficer of the institution, who torth- with locked him up with a lot of lunatics, In vain he uttered the refrain of Mackay’s touching song— Tam not mad, Iam not mad, There was no help for him, This was on the Sth of September, 1871. liappily, he did not long re- | main an inmate of the imstitution. Dr. Parson: the chief physician, in accordance with hig usual practice in regard to all new comers, made a pre- iminary examination of him, and, finding no posi- tive symptoms of insanity, shortly alterwards made a more caretul examination, pronounced him per- tectly sane and ordered his discharge. This was ‘on the 9th of September, his period of detention extending through only five days. But, as set forth turther in his complaint, this was not the end of his troubles. On coming back he found his laundry business ruined, He pictures, or, rather, his counsel for him, the horrors of his five days’ in- carceration in the Lunatic Asylum. He endured, he says, the greatest horrors ; his sufferings, in short, as he avers, being indescribable. The result of it all was to wholly incapacitate nim for business, and, a8 4 mitigating offset, he now seeks to recover $20,000 damages from Dr. Laianne and Dr. D. B. Miller, the latter having also signed the certificate of lunacy upon which his committal to the lunatic asylum Was granted. THE STORY OF THE DOCTORS, Dr. Lalanne says he has been for the past nine- teen years the family physician of Mr, Jakob; that the family, in addition to Mr. Jakob, consists of his wile, three daughters and one son; that the wite and children curried on the laundry, and that, according to their statement, he did nothing ior their support, but spent his time drinking lager beer; that he was always a very violent man; that he was constantly threatening his family with violence, and that they were in terror of him, and on all the facts together he believed the man to be insane, and accordingly signed a certificate to that effect. All the otner allegations of the complaint he denies, What he did was at the request of the fam d {rom no personal | interest, Dr. Miller says the man was insane, as | he fully believed, and that the entertaining of this | and from no other © A CRU PARIENT,"? It is said that the whole difculty arose from an | objection by Mr, Jakob to asuttor of one of his daughters, and that to get him out of the way the charge of lunacy was brought against him, PROCEEDINGS IN COURT. The casc came to trial yesterday, in the Superior Court, before Judge Freedman. All the family Mr. Jakob has as his counsel | Messrs. Riddle and Langan, and Mr. W, H. Williams | | appears for the doctors. Mr. Jakob was examined | at length, but told nothing additional to what was given above. Dr. Parsons gave the results of his | examination of Mr. Jakob and the grounds upon which he pronounced him sane, Various wit- nesses testified to his unilorm mildness of temper. | It is probable the trial will last through several days. BUSINESS IN THE OTHER COURTS. COURT OF OYER AND TEAMINER, Arraignment of Detective Leahy, Police= man Doyle and James Purvis, Before Judge Brady. Patrick J. Leahy, the detective who, while in pursuit of “Dutcn Harmon,” fired through a door, killing Mr. McNamara, an innocent man, and John Doyle, the policeman who shot Mary E. Lawler, were arraigned yesterday in this Court, the former lor mansiaughter, the latter for murder. Both pleaded not guilty, Doyle announcing his lawyer to be ex-Judge Fullerton, Leahy was admitted to bail, but it was fixed at the high figure of $20,000, Mr. William F. Howe, who procured his release on | bail, announced A. Oakey Hall as the senior coun- selin the case. James Purvis, who, about three weeks ago, shot Isaac Hendrickson, a negro, was arraigned lor murder and pleaded not guilty, Mr. Howe appearing for him, SUPREME COURT—GENERAL TERM. Release of a Judgment Debtor. Before Judges Davis, Daniels and Donohue, Ex-Judge Fancher, in the recent discharge of his | judicial duties on the Supreme Court Bench, | granted an order releasing from custody Max Friedlander, who had been arrested a3 a judgment debtor of Eldridge & Co. Judge Robinson, of the Court of Common Pleas, had previously refused to | grant a motion tor his discharge, on the ground that the debtor could not be discharged as he was held under examination. When the motion for the | discharge was made before Judge Fancher it was | resisted on the ground that it was res adjudicata, but Judge Fancher held that the motion did not come up In the same form, and so discharged the | debtor. An appeal was taken from the order of , Judge Fancher in the form of a writ of certiorari. pe decided Judge Fancher's order to be val SUPFEME COURT—CHAMBERS, Decisions. By Judge Donohue. Fossing vs. Feeny ; Sheils vs. Sheils; Demmler vs, Demmler; Baird vs, The Mayor, &c., New York.— Reterred. Splerkerman vs. Murkin—In the matter, &c., Bleecker; Stewart vs. Loring; Busch vs. Murkin; | roberts vs. Kramer; Chesterman vs, Eyland; in | the mattér, &c., Stuyvesant; Judah vs. Cottere- | tal—Orders granted. Shorey vs. Shorey—Decree of divorce granted. Lawrenceville Car Company vs. Murphy et al.— Motion granted, with costs, ‘The People, &c., Hochster vs. Sigel.—Granted. Terry vs. Terry.—Order denied (memorandum). Hyman ys, Barman.—\iotion denied. Biuggel vs. Bowery Savings Bank.— Order granted to dismiss witbout costs. In the matter, &c., Murphy; Winship vs. Win- ship.—Memorandums, Allerton vs, Kuine.—Order of reference. Sprague vs, Spaulding.—Motion granted, SUPERIOR cOURT—SPEGIAL TERM, Decisions. By Judge Curtis. Platt, assignee, vs. Smith et al.—Leave granted to the deiendant to return answer within five days, without costs to either party. Floyd vs. Burns.—Motion granted, By Judge Van Vorst. Monohan vs. Reisig.—Order granted. SUPERIOR couRT—THIA’ TERM—PART |. A Fruit Sulit with Verdict for the Plain- tiffs. Before Judge Monell. A large quantity of lemons wes shipped from a | Mediterranean port to Finnier, Consencez & Co., of this city. They were stored too near the boilerand were injured. The consignees sold them at auction, stating the facts of the case, but John Pearsall & Co. refused to accept those they bought. They were accordingly resold, and the difference charged to Payment being reiused, suit was brought, and the case was tried yesterday in this Judge Monell directed a verdict tor $4,231 32, being the full amount claimed. The case | was brought as a test suit, the piaintifs having similar claims against about twenty otuer parties. COURT CF COMMON PLEAS—SPECIAL TEAM, By_ Judge Robinson, Krekellern vs. Ritter,—Case settied, TOMBS POLICE COURT. An Italian Robbery. Before Justice Bixby. Four Italian laborers, named Antomo Amercine, Orftino Joseppo, Michel Rosa and Galtano Britane, | were brought up by officer McGrath, of the Sixth | precinct, charged with burglary. On Monday | | night, during the absence of Mrs. Angelo Petroniy | her room, at No. 37 Mulberry street, was broken into and robbed of gold to the amount of $600 and cloth- | ing and other property valued at $100, The pris- oners, Who lived in the same house, were arrested and part of the stolen property found in their room, They were held jor trial im default of $1,000 ball eacle Literary Thief, Charles Harris was committed for trial for hav- ing stolen an edition of Dickens’ works, valued at $40, from the American News Company, He forged an order purporting to come from Mr. W. J, Stokes, ol the Post Office, and gave it toa lad name Holmes to get the books. The torgery was sus- we and Harris arrested, He refused to give 18 residence, Receiving Stolen Goods. James Kennedy, of No. 210 East Fifty-fourth street, and George Hickey, of Noa 6 East Fourth street, were arraigned, charged with burglary in the first degree, and Augusta Harrie, daugbter of | | in charge. | and the prisoner taken to the station house, | Court and Judge Flammer committed him to await view induced him to sign the certificate of lunacy, | P! | butcher knife, was committed in defauit of $5,000 | | sacking the room and tailing to find money they | the notorious Harris Greenthal, made, in con- junction with them, her seventeenth appearance on a charge of receiving stolen goods. The com- plaint was made by Mr. G. Lewis, of No. 675 Seconda avenue, whole house was broken into and robbed of | roperty valued at $250. Kennedy said that he roboed the house while Hickey watched outside, and that part of the stolen property was sold to the prisoner Harris. When Detectives Keirns and Kelso, of the Central Office, searched Miss Harris’ house, No. 13 Kast Second street, they could not find the stolen property. She was discharged, but Hickey and Kenuedy were held for tria! in default of $2,000 bail, ESSEX MA'KET POLICE COUAT. Before Judge Flammer. Mré, Eliza Patterson, of No, 60 Attorney street, an elderly lady, accompanied by her daughter, went shopping yesterday morning, and while they were absorbed in the admiration of an exhibition of fancy goods in a show window at No, 295 Grand street they were stealthily approacied by a re- spectable looking woman, attired in biack, who came close to the elder lady, which excited the suspicion of the younger, who, just as the woman in black Was about to walk away with a pocket. | book taken from the pocket of the old lady, seized the pickpocket and calied joudly for the police, The womun made frantic efforts to escape from the grasp of the plucky lady who held her, but was | restrained with a firm grip until OMcer Dyer, of | the Tenth precinct, came up and took the captive The stolen pocketbook was recovered where she was recognized as Ellen White, a noto- rious professional thief, who has been arrested several times before tor similar offences. Judge Flammer held her in $1,000 bail for trial. Thought He Was a Legal Tenant. On Monday night, as Oficer John T. Cuff, of the Seventh precinct, was patrolling Henry street, he | noticed that @ basement window in the house occupied by John Cahill, No, 20, had been tampered with, as if by burglars. He drew near, and, finding that several panes bad been broken in the window, | which had apparently been raised, he proceeded into the basemoat by the same entrance that the burglar did. On lighting the gas he discovered a | man lying asleep in one corner of the room, which was used asa kitchen. On waking the sleeper he | gave lis name as William Fox, and, in answer to inquiries as to his object in breaking into the house, said that he had formerly lived tuere | as a boarder and that the people had given him the | privilege of sleeping there at any time that he wished todo so. But, uniortunately for Fox, the poate who had so kindly given him this liberty had moved away, and the present occupants, being | loath to credit his story, persisted in having him | locked up, He was arraigned at Essex Market | examination, | Still They Come. Officer Wililam Harris, of the Tenth precinct, made a foray on a policy shop, No, 6034 Delancey street, yesterday, where he arrested the ostensible proprietor, John Jaeger, Julia June and John Merkil, the two latter being partners or em- No: The place contained an extensive outfit of paraphernalia, which was taken aiong as evi- | dence. Judge llammer committed all three to | await examination, Would-Be Murderers Fully Committed. | Wolf Goodman, who committed a felonious as- sault on Emil Herst a few weeks since with a large | bail to answer, His victim has lain in the hospital | ever since in an exceedingly precarious condition, | and it was not until yesterday that he was able to appear before the magistrate and make his formal | complaint. Robert Hand, who has been confined to the hos- pital for treatment of dangerous injuries which he sustained at the hands of Patrick Brady and Patrick Murphy on the 29th of January, appeared and made formal complaint against his assailants yesterday. Brady was held in $1,000 bail for trial, and Murphy was committed without bail, the Judge refusing to admit him to such, FIFTY-SEVENTH STREET POLICE COURT. Unsuccessful Attempt by Thieves to Rob a Man in Bed. Before Justice Wandell, Henry Howard, aged twenty-two, of No. 1,696 | First avenue, was arraigned on a charge of bur- glary and attempted robbery, On Monday morning, it was alleged, the prisoner and another man, at | present unknown, effected an entrance into the | bedroom of William Maher, over the liquor store | No. 581 First avenue, which he owns. Alter ran- searched the bed and the person of Maher, who was asleep in it. Their presence finally awakened him, but he was prevented from giving an alarm by the threats of the thieves, one of whom drew a razor and said he would kill him if he made the least effort to call for assistante. They then at- tempted to get away, but were met just as they reached the sidewalk by Officer Toughey, of the Nineteenth precinct, who was notified of what was transpiring by a brother of Maher's, residing in the same house. Howard was recognized by Captain Gunner and his detectives as a lately returned | convict, who has spent a term of four years in | Sing es | Prison. He was committed for trial in delault of ball. The other man escaped. COURT CALENDARS—THIS DAY. SuPrReMg CouRT—UHAMBERS—Held by Judge Donohue.—Nos. 40, 7 90, 91, 93, 102, 109, 187, 159, 185, 189, 207, 213, 268, 275, 801, 803, 327, 331, 333, ‘ SUPREME COURT—GENERAL TERM—Held by Judges Davis, Daniels and Lawrence.—Enumerated mo- tions—Nos, 145, 148, 150, 151, 152, 14, 155, 158, 100, 161, 162, 163, 165.° Non-enumerated motions— Nos. 21, 37. Enumeratedsmotions—Nos. 167, 168, 169, | 71, Nou-enumeratea motion—No, 30, Enu- merated motions—Nos. 153, 139, 173, 174. SuPREME CoURT—CIkcUIT—Part 2—Held by Judge Van Brunt.—Nos, 480, 1666, 436, 1216, 3113, 1776, 994, | 1780, 1782, 1784, 1786, 1788, 1790, 1792, 1794, 1796, 1800, 1802, 1804, 1806, 3114, 3116, 3118 3119. SUPERIOR CounT—TRIAL TERM—Part 1—Held by Judge Monell.—Nos, 899, 845, 637, 741, 871, 731, 865, 583, 341, 1595, 1647, Part 2—Held by Judge Freed- Man.—Nos. 830, 650, 870, 1490, 902, 922, 924, 926, 928, 932, 934, 936, 938, 940, Court OF COMMON PLEAS—GENERAL TERM—Held | Daly.—Nos. 32, 68, 4; 2, 13, 15, 16, 19, 20, 21, 22, 23, 24, 26, 26, 36, 47, 70. Court OF CoMMON PLEAS—TRIAL TERM—Part 1— Hela by ge Loew.—Nos, 1370, 3938, 68, 2120, 2077, 1309, 2726, 2420, 2499, 107, 2423, 1960, 3819, 463, 2704. 1, 83, 230, by Judges C. P. Daly, Rovinson and J. Fy Marine CouRT—TRIAL TERM—Part 1—Held by | Judge Spauiding. 8. 3312, 3664, 3342, 3488, 3492, 8434, 3874, 3326, 3388, 3398, 4537, 1 b Part 2—Held by Judge Shea.. 3327, 3416, 3915, 4361, 3477, 3 4619, 1659, 3205 4g, 4488, 3482, Court OF GENERAL SESSIONS—Held by Judge Sutherland,—The People vs. Victoria C. Woodhuil, Tennie OC, Ciaflin and James H, Blood, libel. BROOKLYN COURTS. SUPREME COUST—CIRCUIT. The Carroll Will Case. Before Judge Gilbert. The contested will case of Margaret Carroll vs. | Elizabeth Carroll and others was concluded ; yesterday. John Carroll married the plaintiff in England, deserted her, came to this country and married Elizabeth, the defendant. Margaret fol- lowed him to this country and discovered his whereabouts. He thereupon fled to England, where he died. He leit a will, bequeathing all his property to blizabeth and their two children. Margaret brought this suit to recover her dower right of the real estate of deceased, which is valued at $75,000. The case was tried before a jury, on issues made by the Court, the main one being as to whether plaintitt was married to John Carrofl and was lis wife up to the time of his death, The jury decided that she was, Counsel thereupon made application for judgment, which was granted. Morris & Pearsail for plaintul; General Crooke for deiendants, CITY COURT—SPECIAL TERM. Railroad Litigation. Before Judge Neilson. An application was made yesterday morning by Alderman Demas Strong for a permanent injunc tion to restrain the directors of the Cross Town Railroad Company from increasing the capital stock from $300,000 to $400,000, Mr. Strong is a large stocke holderim the company, and alleged that the pro- | posed increase was without the stockholders’ au- thority, He further alleges that notice had been given by the directors that they would sell the $100,000 additional shares at fifty per cent below par value, which would consequently depreciate the value of the original stock, and that fifty per cent of the par value was to be used for a different purpose On the part of the defence an aMidavit of Presi- dent Slocum’s was read, setting forth that in 1869 & resolution was passed unanimously to increase the | Stock to $400,000, but it was not necessary to act On this authority until last February. Applications have been already made for four-fifths of the ad- ditional stock, and 162 shares have been issued. Judge Neilson reserved his decision, COMPTROLLER GREEN AT ALBANY. A bill of considerable importance to the tax- payers of this city is now before the Legislature, involving an amount of nearly $12,000,000 for State taxes. Comptrolier Green has been making earnest ef- forts to prevent so large an amount being rolled in ‘WILL MURDER 0 | proceedings. NEW -YORK HERALD, WEDNESDAY, MARCH I], 1874.-TRIPLE SHEET. UT? The South Oyster Bay Tragedy Still a Mystery. Preliminary Examination of Thomas W. Jones, Charged with Having Killed His Half Brother—Proceedings Before Justice Snedeker at the Town Hall, Jamaica, Yesterday—The Testi- mony of Jackson §. Jones, The court room of Justice Snedeker, in the Town Hall of Jamaica, L. was the scene of an exam- ination of more than usual interest yesterday. | The occaston wis the investigation of the charge of murder preferred by the private detective Stephen Payne, a resident of Baldwinsville, L. L, against Thomas W. voues, of South Oyster Bay, a detailed account of which appeared in the HERALD of yesterday, The prisoner ts accused of having murdered Samuel J. Jones, his half brother, on Friday, June 27, 1873, and of having thrown the body of his vicum into a weil, where it was recoy- ered the following day, The Queens County Board of Supervisors have offered $1,000 and some of the relatives of deceased $1,000 more. The complainant was present in court yesterday, and continually prompted the Justice and attorney for the people in propounding the questions. Rear Admiral Melancthon Smith, late commander of the Brooklyn Navy Yard, who is a brother-in-law o! the prisoner, and Mrs. Sinith Occupied seats In iront of the accused, ‘The latter, Who is rather unprepossessing in appearance, sat by the side of his counsel, Surrogate Hagner, and nervously and earnestly watched the The case for the prosecution was conducted by Assistant District Attorney. William J, Youngs, ot Flushing, The apartment Was thronged to excess by “the strong men of Ja- maica” who came to the tront in their curiosity to earn all that might be elicited affecting the ac- cused, whose family is known and respected all over Long Island, the prisoner being a grandson of Chancellor Jones, of this State. The examination commenced at ten o'clock, Mr. Jackson 8, Jones taking the wit stand and remaining there during the day. TESTIMONY OF JACKSON 3, JONES, Mr, Jones said :—I reside at Ridgewood, town of Hemp- stead, and have tor torty ye Samuel J. Jones; he died on and was supposed to have !» down his well, and bjs head was bruised, there ‘being ffve cu very extensive bruise, ing of June 3h nd very much ead; on his back on his thigh ; but was not d c i were supposed to have been inflicted with stones; I was at ihe weil before de- ceased was removed trom it; when L arrived on the remises [ met there Stephen Baldwin, a man named ate 1 think, Peter. Maloney and a colored imam ‘Thon it named Dext saw him there in alter the body of dee us W. Jones was not then there; about hour atter, and other may have ed Was removed irom the well; been there in the house when t T suppose he was. stant District Attorney Youngs—How far do you reside trom the place of the murdered man? Mr. Jones—Between two and ihyee miles, District Attorney—What is the deseription of the coun- try between your house and that of the murdere Mr. Jones—It is woody; there are a great many between his and mine; ‘the distance from the r ‘idence of dec ed to that the detendant is about one mile, I should | if you go in a direct line; by the puplic rod it 6 oF four miles: there are ‘two houses on the line the direct route to the house of the deceased; the prisouer owns one and Mr. Samuel Jones owned the other AT THE TIME. OF THE MURDER; Icannot say who occupied the house belonging to de- fendant; the one occupied by Peer Maloney is the nearest to the residence of the sed ; T was present at the first Coroner's inquest; when I saw the defendant in the house after the body had been taken trom out the well, [had a conversation with him about the murder and the breaking open of the drawers; the conversation was general and [ cannot state exactly what was said; that was on the 28th of June, about twelve o'clock; I re- don the premises about two day: there for nearly a week, day and night; my brother and sister were with me most ot, the (ime, as was also my brother-in-law, Melanethon Smith; I “have no other brother besides the detendant; I think Thomas remained ail night, and some two’ or three of the neigh- bors; we were talking all together, in a general way, of the occurrence and it would be dittcuit to recall any- thing in particular that was said. THE STONES FOUND IN THE WELL. ? ; they had evidently been obtained from some old barrels on which they iad been laid; these barrels were distant about six or eight rods from the well, and were within full view of the well; there were several heaps of smaller sized stones in the vicinity of the well; the grass at the time was about one foot and a haifin height and very dry; @ person unacquainted with the premises would not hkely to readily discover these small piles of stones; that night was ngt very dark, and a person might have scen the stones on the barrels, which latter were in front of the building near the woodhouse; the stones found in the weh were flattish and about fifteen inches in diameter aud three or four inches thick. By the District. Attorney—Did you notice that any stones were missing from the barrels after the discovery of the stones in the well t Witness—I found upon a close inspection of the rotted impression of the stones in the barrels, that seven were missing; the colored man (Dexter) Went down im. the well, and upon comparing them with the tmpressions [ found them to correspond; [ may have called attention i wa club which was found by one of the neighbors near the workshop. THE CLUB ‘was about one inch anda half in diameter; {t appeared bent to have been recently cut; it was of hickory w no blood stains upon it; 1t looked as it it had bee: and cut off with a knile, and was sinooth; such wood as that crows in the immediate vicinity; the day after the murder | examined the premises around there to a con- siderable extent; most of the time I was alone, but part of the time I was accompanied by Mr. Smith ani several of the neighbors; my brother was also with me part of the time ; I did not notice the grass being trampled down in any place; the first Coroner's inquest was held on ‘Tuesday morning succeeding the murder, the Ist day July; the defendant and myselt had a general conwersa- tion upon the case on thatday, but 1 could not tell the first thing he said ; [ dou’t know that [had any particu lar theory held by me of the murder; the deiendant came over to my*house one day with John H. Seaman, and they both TALKED ANOUT SOME COLORED MEN ; this was quite a while after the murder; I don’t think they knew themselves the names of these suspected col- ored men; they were trying to get at who these men were; [can’t say whether these men Were the same who wards; one of them, the boy Davis, might have been; I have received three anonymous communications through the mail, The letter of “A Friend” was then shown witness for tifleation. Objection was made by Mr. Hagner to letter being offered in evidence, as ‘being irrelevant. prosecution asserted that they would show that the defendant had written the anonymous letter signed “A Friend” to the witness. The Court ruled itascom- petent evidence. Withess—I do identity the letter as having been re- ceived throuch the mail by me; am not suftictently well equainted wit the handwrliuig of my brother to qual- ty toit. At this point the Court took a recess, and did not reassemble until two o’clock, when Mr. Jack- son S. Jones was recalled, and the examination was resumed :— Thave shown the defendant THE ANONYMOUS LETTER now in evidence, and do notremember what he said; T don’t think I showed him the other two i which f received; one of these letters I supposed was from an old friend of my brother's of forty Years’ standing; I have never discovered the authors of the letters; 1 found a boy named John Jarvis, at Freeport, L. }., and had him at the Coroner's examination, but he didn’t ap- ear to kiow anything ubout the matter; 1am of the mpression that Jarvis was not sworn; I don’t know the reason he was hot sworn, Judge snedeker—Vo you remember the condition of the well rope? Were there any marks of blood upon it? Witness—Ves, sir; there were blood marks for about two teet and a half above the chains which connected with the bucket: then after that there were marks which looked like hand marks for about every foot and a half of the rope; the depth of the well trom the surface of the water to the top of the earth was about ton tect: I could not distinguish (rom the stains as to the size of the hand; in the breakfast room was 4 LITTLE POOL OF BLOOD near the centre ot the tloor; the table of deceased was set for supper, and his chair was sitting by it; there did not appear to be placed back towards the door that leads out doors, or Out into the entry; the wounds on the head had the ap- Dearance 9 paving heen ficiewes with the club was inflicted on the head of deceased right Across the right side of the forehead ; tin THE ASSASSIN MUST HAVE STOOD FACE TO FACE with the deceased in order to have inflicted the wound described; if the assassin had been in the room when my brother came in they must have stood facing each other. By the District Attorney—The outside door was not broken or forced at all; it Was perfectly natural; the first day | was in the house'l noticed keys in the drawer: I know by hearsay that my deceased brother was very particular about locking hi8 doors; when I arrived on he premises the doors were open: on the first day I went to the house I tound a good many buhches of keys, but no particular bunch; the next morning (Sunday) I FCUND A BUNCH OF KEYS, which appeared to be wet; I found them in the secretary drawer of deceased; I had looked in the drawer a nam- ber of times before, but not particularly, not desiring to disturb anything until the Coroner came, Justice Snedeker—I understand you to say the keys were wet? Witness—Yes, sir; Tthought, perhaps, my brother had worn the keys the day betore, and they had become wet from perspiration, and that he had thrown them in the drawer, where they were found; when i found the keys there Were present William Floyd Jones, the Coroner, and several others, (Mr. W. F, Jones came forward and corrected the Witness, Saying, he was not present.) Witness resumed—I tried these keys in the varions locks about the house, and I think {have got them yet; L never tried these keys in any locks in defendant's touse; they were common chest or bureau keys: they were never identified by any person as their property, w my knowledge, 1 AM ADMINISTRATOR OF THE DECEASED and bave gotall his books; he drew his interest on the Ist of January, 187% previous, which was tho last one mass upon this ci! and has gone to Aloany, at the request of the State Comptroller, to conler ith him on the subject, iy consequence received by him; that or ; this money was id ro! D jue, namely :—Long island Railroad Company, Chesapeake and Ohio, North ern Pacific, Union Pacific, Central fc, New York and Oswego Midland, Union Ferry Company, Island Bank stock, Brooklyn Water nm and took mh Savings Bank; deceased may have received a little money for wood from som helghbors just before his death besides the amount set forth; he was usually very particular about noting the various amounts received in payment. The Court requested the witness to produce those books here, a8 16 was important for the purposes in tact, I was | anvthing disturbed; the chair was | a club; the wound | | b | 5 of the ition that the interest and amo Fecelved sould be presented, yx Witness, in answer to a question by the Court, said that when “Dexter” went into the well for the purpose of re- moving the he seat up the stones described and billets of wood, together with two large floor eloths which had been used for wiping up the kitchen floor; there was no housekeeper on the premises, Peter Maloney, who Was a farm hand and lived in the vieinity, worked'for deceased the day of his death; wit- ness iound a piece ef paper upon which wi ntry made on on as fo yw that ignated inutes before three o'clock, which wot rey de- ceased was alive at that time ; the books ef deceased were er id sho found locked up in a chest; the memorandum as to the Work was ound in his sitting room, on the foor, among & number of other papers; saw uo marks of bluod upon them: Maloney bad been working for my brother, b the hour, for some nineteen years: irom what Thad hear deceased and the defendant had been on friendly terms, and dant had always looked up to d friend and advise peared w be eased as his from the books of deceased there ap- Z SOME MONEY GONE; T think in the neighborhood of $170 or so; there was ® gold watch which deceased had had which was gone; there was also @ silver watch, which I subsequently {ound in New York, where it had been left for repairs: th re ware, no papers indicate that my oceased 0) ade a Will: [too« steps to ascert authorship of the letter, but Was not successful, The postal card sent to ‘Miller Baldwin” by the prisoner in reply to an inquiry concerning timber de decoy game of aa ‘s) Was tere shown the tess for identification, He fail the writing. soileediiebics jes Justice Snedeker remarked that it was quite evident that the examination would extend over @ number of days, and it would be well to have an understanding upon ti abject, The Court then adjourned until nine o'clock this morning, The prisoner Was removed to his cell. THE CHARLICK INVESTIGATION, Jeska LY, Important Testimony—John Kelly, Chairman of the Tammany Hall Come mittee of Organization, and Coroner Richard Croker on the Stand. The examination into the alleged election frauds of last November, in which Commissioner Oliver Charlick, ag the commissioner on the democratic side of the political house for the appointment of inspectors is the butt for all the testimony of the aggrieved Tammany party to be levelled against, Was resumed yesterday beiore Juage Donohue, Mr. G, W. Wingate, counsel tor the citizens, as on the previous days, conducted the examination, with General Jackson and Mr. Campbell as asso- ciates, Mr, Charlick’s interests are in an amicus curie off-handed “nothing in it, you know,’ sort of a styie taken care of by Mr. A. Oakey Hall. ‘The first witness called yescerday was CORONER RICHARD CROKER, who testified that he asked Mr. Charlick on elec tion day why the Tammany inspectors were re- moved; he replied it wis on account of charges against them, but promised that the Tammany Committee should fill the vacancies; the address of one of them was given, and Mr. Charlick sald afterwards he couidn’t find him; witness hunted the man up and brought him to Police Headquarters and left; Mr. Charlick told the man to sit down, and left him there ail day (laughter) ; Mr. J. Walsh, of the Eighteenth district, was treated in the same Way; Wituess said the charac- ter of the inspectors appointed by Mr. Charlick was bad; witness was m four election districts the might o1 the election and saw watchers trying to get mside the raiiitig; iispector Murphy ordered them out; the watchers could not see the polls counted, Joun Levy, Supervisor of Elections, testified that one S, M. Cox, while a democratic inspector was outside fora moment, received tickets handed in ackward by a man Who partly covered the box, and put them in the Asseubly box; witness saw the tickets fall Into the box, J. Donohue, an inspector of the Eighth dise Second Assembly district} testified that three false votes were recorded during the day; in counting the general tickets the piles were made up and then an inspector counted one pile; the first one announced was No. 69, and the inspector at once swept the ballots off the table Without giv- ing the others a chance to count; witness pro- tested and was removed, and another Imspector put in his place from headquarters; another who protested was put outside tke rail, where he could see bothing. John J. Crowley, who was removed from the Fourteenth Election district, Eighteenth Assembly | district, denied that he made any such statement as to Woodhull as he swears to; he was one of the Tammany mer, and rhomas Bagneli, an Apollo Hall man, was put in his place; witness was then made watcher and allowed inside the railing, but the inspectors’ books prevented him from seeing the count; there were said to be 128 defective votes, and witness askeii to be allowed to look at.. them, but was not allowed; t! other watchers-~. were kept outside; the count waS not according to law; the figures he heard for the McCabe difered materially irom those finally reported, to another pile of stones at the end of the house, although | | Ldon’t remember having done so; I | MR. JOHN KELLY'S TESTIMONY, Mr. Kelly testifded—I am Chairman of the Tame many Hail Committee on Organization; prior to the election I had several conversations with Mr. Charlick; I called on him and said I understood that Tammany Hall had sect hima list of in- spectors; he said he believed Tammany Hali and Apollo Hall and some other hails had sent im lists; he wasn’t going to be governed by any hall; asked him if he didn’t know that he was violating the law by neglecting Tammany Hall nomi- hees, that being an integral part of the State organization; he said “No,” he was not afraid of it, he considered them “all good democrats,” and be wanted to untte the democrats; 1 asked him if he expected to bring that about by appoint. ing inspectors hostile to Tammany, and he said “ne would appoint this man, he would appoint that;’? | spoke to General Duryea about this, and he said Mr. Charlick did not aliow him to have any- thing to do with it, and was acting entirely WITHOUT REGARD TO LAW} Mr. Charlick was continually making chany all, as tar as I understand, against Tammany Hall; I went down the morning of the elec tion to inquire about several removals; 1 asked him if it was rmgnt to remove @ man without giving tim 4 hearing; he showed me a@ list of aitidavits; I noticed there were several made by Apolio Hatt inspectors; asked if he thought it was right; while we were talking Walsh came in; he had just been removed; I said his presence there was proof there was noth- ing wrong; Mr. Charlick said it seemed to baa damned siame—he would see about it; he went out to see Mr. Smith, and talked in a MAUDLIN WA so that Idid not heir him; Commissioner Smith was there; Commissioner Gardner came in while 1 was there; there was no meeting of tne Board; Mr. ‘Charlick appointed two men while 1 was there; Mr. Charlick asked me if 1 didn’t think they looked like good men, and | satd “1 guess Pil appoint them.” In all he 8, | acted on his own part, witout consulting any other Commissioner, August Woilenwebber, inspector in five election | districts of the Eighth Assecibly district, testified that he saw oue luspector throw down one Assem- biy ticket and put another in its ce. He found mistakes In sorting the Senatorial ticket, and wanted to count Sherman’s ticket, but the other in- spectors wouldn't let lim. Adjourned until Thursday, HORSE NOTES, eit A valuable mare belonging to Blockwell Karr, of Richmond, Ky., died at the stable of her owner on Saturday, February 28. She had been sick for some three weeks, but on Friday indammation of the stomach set in, and she died the next day. She was by Vindex, out ofa Drennan mare, and would have been four years old on Sunday, As & two. year old she was exmibited ata great number of county fairs in Kentucky, aud always wore the biue ribbon. At Lexington, in the falt of 1872, tn sthe trotting races, she made the remarkabie time for a two-year Old of 2:46. It was immediately alter this race that Mr. fused $5,000 tor her. Last year as a three-year old she was again trotted at Lexington, but waa beaten by Price’s colt Dobie. In the race was Doble, the Almont colt, and Karr'’s mare, Each won aheat; but the time made by the Karr mare when she won the third heat was the fastest time in the race, Bell's Life.of February 21 says:—‘‘There ts no rospect of the late Baron Kotiischtid’s race horses Being retained by the family, and in all probability they will come to the hammer at one of the early Newmarket meetings. The stud farm at Mentmore will be continued, and an annual sale of the year. lings bred there is spoken of, For yearlings bred trom such valuable mares as those that carried the long popular ‘dark blue and yellow cap’ strong competition may be expected,” O, A. Hickok, of San Francisco, Cal, issues the following challenge ;—“‘1 will trot the sorrel stall- jon Elmo against any trotting stallion in the United States three races, viz. :—mile heats, three in five, two miles and repeat, and three miles and repeat, all to harness and to rule, for $5,000 or $10,000 each race, half forfeit. All three races to be taken together. This chuilenge to be accepted by April 1, 1874, and the first trot to take place at such time between May 1 and October 1, 874, as may be agreed upon. One week to intervene be- tween each race. All the trots to take place over the Vakland Park Vourse, Oakland, Cal.” ‘The English race horse Voitigeur is dead, aged 27, He was destroyed February 21, having been kicked on the previous day by a mare. Veterinary assist fuce was called in, but the case was at once seen to be ys ess, and the animal was shot in his box at Aske Paddocks. Voltigeur did not long survive his old master, Last year we had to record tl Monnee the loss Of tho’ oreo Whar ‘ree Wade Sha 1 © horse tha it “spots” famous, hy arr was offered and re- frig boo Belmont & Co. brought suits in the Supe rior Court of Wake countys Norn Garon w obtain @ mandamus to compel the colli mt taxes to pay the past due interest on tour difered! lots of railroad bonds, all Known as lal taa ‘able property of the State re dluminned on & technical grounds ‘The suite wer