The New York Herald Newspaper, March 13, 1874, Page 4

4 NEW YORK HERALD, FRIDAY, MARCH 13, 1874.—TRIPLE SHEET. THE COURTS. The McGuire-Stemmler Controversy---A New Trial Applied For. BUSINESS IN THE OTHER COURTS, —_-——. “Cat” Lands in Missouri Against Work and La. | bor in New York—Important Charge by Judge Shea—Convictions and Sen- tences in the General Sessions. East Fourteenth street, and stealing about $100 | wortn of groceries, pleaded guilty to an attempt to commit the offe: He was sent to the State Prison for two years and six months. Joseph Leroy pace guilty to attempting to | steal a gold watch and chain, on the 19th of Febru- | ary, from Gottlieb Stahl, and was sent to the state | | Prison tor two rs. Christopher Hervert, who on the 17th of Febru- ar Syole Six Velvet and silk bonnets from a sho e belonging to Bertha Weiss, No, 861 5ixth av nue, pieaded guilty to an attempt at grand lar- ceny. Hugh McCluskey pleaded gailty to a simple as- Sault, the allegation against him being that on the 19th of February he pointed a pistol at Officer Smythe, of the Twenty-first precinct. zones prisoners were each sent to the Peniten- tiary for one year. William Earl, indicted for stealing a ptece of damask linen on the 10th of February valued at $30, the property of Samuet M. Gardner, pleaded guilty to petit larceny. Edgar Van Buskirk pleaded guilty to @ similar crime, the charge agaist lim being that on the ‘The counsel for the prosecution in the Woodhull and Cladin libel suit, which has been on trial in | the General Sessions for the past week, occupied the entire day yesterday in addressing the jury. Judge Sutherland will deliver bis charge this | morning. Moat o/ the State Courts were not in session yes- terday, they baving been adjourned out of respect tothe memory of eX-President Fillmore, Several | met but had only brief sessions, The McGuire-Stemmler controversy over the Seventh Civil Judicial district, as to which party is the legal incumbent to the office of Judge in the | district, Was reopened yesterday in Supreme Court Chambers, before Judge Van Brunt. Judge McGuire moves to have the case (heretoiore ad- versely decided against him) reopened and a new | trial ordered. He is strongly fortified by adidavits, | principally that of the chief witness against him on the former trial, who now makes affidavit that his former testimony was untrue, and that he was persuaded to give the evidence he did by induce- | ments held out to him by Mr. Stemmier—promises | of money and a clerk’s situation in the Court | should Stemmier succeed—none of which prom- | ises, he says, Stemmier fulfilled. The Court re- served opinion. SUPPEME COURT—3PECIAL TERM, Revival of the Stemmler-MeGuire Con- troversy—An Extraordinary Affidavit. Belore Judge Van Brunt. The Stemmler-McGuire contest over the Judge- ship of the Seventh Civil Judicial district has a pos- sibility of again becoming 4 Sudject of legal contro- versy. Upoa a motion on behalf of Judge McGuire to reopen the case, on the ground of newly discov- | ered evidence, there was yesterday in this Court a protracted reading of aiidavits and prolonged arguments of counsel. The principal affidavit upon which the application is based is that of | Daniel 5. Fields, | City and County of New Fork, s#.:—Daniel 8. Fields, of No. It kast Fourteenth street, in Said city, being duly sworn, doch depose and say that be is the person who Was sworn as & witness on beuait of the plaintify m the above ented action, and testified on the trial thereof. That the deposent had no reeollection or knowledge of | the number of votes cast for the plaintiff, Joun A, Siemmiler, nor for the defendant, Joseph McGuire, atthe | election uien tioned in the complaint in said action, as testitied to by him at said crial, pat was induced and jre- vailed upon by said plaintiff, "John 4. Stemmler, to tes- tity to the number of voles testified to by him, as afore. | said, although in truth and in fact he aid not have any recollection or Knowledge thereot when he testified thereto. That the said piaintift, John A, Stenmier, | promised and agreed to deposit ‘with N. J. Waterbury, fits counsel hercin, $0 betore sald trial, whieh the de: ponent was to rective if he testified as atoresaid; and ¢ suid Stemmier also berore said. trial promised aad azreed to appoint the deponent an officer of the seventh | District Court in case he obtained a judgment in his favor herein, in consideration that the debonent would testi as aforesaid, none of which sald promises were minlied. . Lbs. MR. STEMMLER'S AFFIDAVIT was put in denying the statements of Fields, but aamiiting that belore tne trial Fields asked bim jor @ position in the Court, and be told iim if he ‘Was successiui he would do what he could for him; also admitting that he searched a title for Fields before the trial, but charged him nothing for it. Mr. A. J. Vanderpoel opened the argument on be- half of Judge McGuire. Ex-Judge Fullerton re- | pled and Mr. Beach closed. At the couclusion of the argument, which occupied several hours, Judge Van Brunt Look the papers, | | SUPREME COU T—CHAMB=RS, | Decisions. | By Judge Lawrence. In the Matter, &c., Union Navigation Company— Memorandum. In tne Matter, &c., counsel, In tbe Master, &c., Anderson.—Order granted. SUPERIO! COURT—SPECIAL TERM, Decisions. By Juage Curtis. Schawer vs. Schaifer.—Molioa to reduce ulimony denied, Tne Cronwell Brown Stone and Quarry Company vs. Kirwin et al.—Motion granted, unless defen- dant consents to reier. Poole et al. vs. Kernut et al.—Allowance of $200 to deiendants, MARINE COUST—PART 2. *Cat” Lands in Missouri Against the Value of Werk and Labor iu New , York—Important Charge. Before Judge Shea. James Hawthorne vs. Samuel G. Acton.—This ‘Was an action brought to recover $300 for work | and labor and materials used in the repairing of & house of defendant's in Degraw street, Brookiyn. The interest in the case turned upon the line of | defence offered by the defendant, that, while ad- | mitting the work to have been duly performed, an | agreement had been entered into between the | parties that the work sliould be paid for not in cash, but by plainum consenting vo accept some land in compensation therefor somewhere in the State of Missouri. Tne plaintiff having proved his case, his engagement by the | detendant to do the repairs in question, his proof of the value of the materials used thereon, and his legal might to recover, the defendant was | put upon toe stand. He testified to the conversa- tion between himself and the plaintiff! which led | to the work beipg undertaken by the latter; that he was averse to having the repairs done, but | eventually closing the negotiation by the plain- | uf consenting, instead oi cash, to accépt as his | compensation some land in the State of Missoari. | ‘Tue plaintu positively contradicted the allegation | of having consented to accept the land as a quid pro quo tor bis work and lapor, or that any such Proposition was made to him, and that the first he Heard of the land business was when he presented | luis bill lor payment. ihe defendant presented in evidence (the document not being received, how- | ever) a deed of (biaok) land in Missouri, wich he otered the plainull as compensation. This pre- tended 1 he only made a proder of to the Plaintid aiter the suit to recover was institued. Judge sea, in submitting the case to the jury, | Said :—inhe principal question for them to consider | Was, did the pidiaufl enter into an agreement with the deiendant to take laud instead of money Jor the work done by him to defendant's house. ‘The latter says be did; tue former says not; that | no such proposition was ever made by him till aiter he presented bis bili, and that then for the | first time the land matter was suggested to him. | ‘Toe question was, waicn o1 these parties is mis- takem’—to use the lightest term applicable to two | parties Who swear 80 positively in contradiction | one of the other, It parties will come into the | courts and tell uatruths recklessiy, it does not lie in the province of tue courts, especially of juries who are tie cepresentatives of the people, to be tender of the reputation of men who are not | tender of it themselves, and it is the duty of courts and juries to publicly expose those who are Teckless Oi their Oaths. putting aside the question as to whether there was & writven contract or not, which, in cases of this Kind, the statute of irauds requires, it will be for you to Say Whether there Was an agreement, not mere | talk, not a mere negotiation, but was there a definite understanding between these | Parhies that toe plaintmt should take jand in Missouri in payment jor nis Work and labor done in Brooklyn, i could say a good deal to you apon this matier, but I wul leave tue whole quesuon to {var consideration—whether @ workingman, in | New york or Brooklyn, Working for his daily bread, Will purt with $200 vaine of labor, performed or | paid ior by him, and $100 worth o: materiai, will | aii ae a > Prd ysd 4 ney land in Missouri in | ork ad outlay. I ask you, gent to find specially on this pant. it on goes | plaintfl did enter into such an agreement you Will say “yes.” if you find he did not agree, and he heard nothing Of such a proposition until after he | commenced this suit, 1 want you to find spectaily | on that. The jury, afier a very brief deliberation, | iound that the plainiit had made no agreement to | take land in compensation for his work, and that he had not heard of the proposition until he had presented ms bill, Verdict tor the piaiutuf im the ; lull sum, with interest and costs, COURT OF GENERAL SESSIONS, Barglaries and Larcenies, Before Judge Sutherland. Assistant District Attorney Rollins appeared in ibis Court yesterday, and disposed of a numopcr of , prisoners, James McGuire, who was charged with burglari- Qusly entering the store of Heury Kennedy, No. S12 O’Brien.—Memoranda {or | worth $35, the property o/ 5S. Thomas & Co. | entered his office and had sat there tor some time | store, No. 6 East Broadway, with several others, | ordered to leave by the landlord. When he told | furthermore, denied having thrown boxes at Thur- | stolen goods, and was held for exdmivation in de- | entered as stated, ior the purpose of getting airce | Xortn River, was dented, having received the same | Judge Monell.—Short Causéé—' M4 o | 105, 120, 19th 01 February he stole filty feet of rubber hose, James Magann, who was charged with obtaining @ small quantity 01 gold lea! trom George Bonner, on the 16th of February, by false pretences, pieaded guilty to petit larceny. These prisoners were cach sent to the Peniten- tiary (or six months, Jobn Smith and Charles Stratton, who on the 24th o! February stole two bundles of paper, worth $42, the property of Little & Lange, pleaded guilty to petit larceny. They were sent to the Peniten- tary lor three Months. COURT CF SPECIAL SESSIONS. Assault by a Lawyer. Before Juages Wandell, Bixby and Morgan. Lewis Johnson, @ lawyer, doing business in Nas- Sau street, Was arraigned ona charge of assault and battery on William E, Buckingham, an ex- police officer. The counsellor, who isa very re- Spectable looking man, was accused of striking Buckingham over the head and shoulders with & cane, Johnson, by the advice of his counsel, took the stand, and showed that the complainant had without any permission, and, on being requested to leave, refused. Johnson thereupon took him by the shoulder and sammarily ejected nim. He de- ied using any undue vioience, and his testimony Was corroborated two persons who were pres- ent at the time of the alleged assault. Johnson was honorabiy acquitted. Justice Wandell on Temperance. William Parker, @ printer, was accused of as- saulting OMcer Frederick Cronin on last Saturday night. Parker, it was shown, was in a liquor till alter midnight. Some of them became quaf- relsome, and the barkeeper, a8 ig stated, ran out and rapped for the police. In a few moments the saloon was Siled with omicers from different pre- cincts. They ordered all the parties to leave the remises, and after they had got on the sidewalk the compiainant, Officer Cronin, stated that he was struck on the breast His colleagues nat ly sustained him in his statement yesterday. The prisoner, in his defence, said that without any provocation on bis part he was struck over the head and on his wrists by Ofticer Cronin, and in proof thereof exhibted the wounds he had re- ceived. Justice Wandeli, who is a great advocate of temperance, examined Parker as to the num- ber of drinks he had taken on that night, and as- certained that he had imbibed eight times and had prolonged hts drinking bout until half-past one in the morning, when the police entered. Parker was sent to the island for thirty days. Who is the Tenant? 7 Oa 2499, 2423, 1960, 3819, 463, 2734, 503, Judge Spauiding 5 La ano asad Gaus S248, ui uiding.—Nos. 30: a. 3351, 358, 8395, 3363, 3308, 3367, 3373, 3375, 3542. Part 2—Heid by Judge Shea.—Nos, 3123, 3305, 3413, 3441, 3273, 3473, 3321, 3369, 3493, 3537, 3541, 3543, 3545, 8553, 8657, Part 3—Held by Judge Jouchimsen.— Nos. 2357, 4650, 4488, 4118, 4607, 3251, 4178, 4119, 4651, 4440, 3592, ). COURT OF GENERAL SEssions—Held by Jadge Sutherland.—The People vs. Louis Brass and Doml- nico Assine, felonious ult and battery; same Va. James King, burglary; same vs. William Murray and Spencer Avery, burglary; same vs. Caroline Ruth, Sarah Oline and Kate White, grand larceny; Same vs. John Collins and Charles Myers, grand larceny; sane vs. Edward Leonard, grand larceny ; same vs. Charles H. Sharp, grand Tarceny ; same ys. James Rooney, grand larceny; same vs. Sarah Brazier, grand larceny; same vs. Michael T. Ma- loney and Thomas Maloney, grand larceny; same vs. Thomas Holmes, larceny from the person ; same vs, Micuuel Murphy, larceny from the person ; same vs, James Johnson, larceny from the person; same vs, William H. Sommerville, forgery; same vs. Frank RK Richmond, forgery; same vs. Frank C. Aster, false pretence; same vs. Edward Smith, assault and batlery. BROOKLYN COURTS. In the United States District Court a suit was brought for the government for the forfelture of the premises Nob. 133 and 135 Furman street, 00- cupied by a Mr. Steen, ostensibly as a vinegar manu- factory, but where, it was shown, the distillation of whiskey was carried on in violation of the reve- nue laws. The jury rendered a verdict for the government, Judge Pratt, of the Supreme Court, yesterday an, nounced that he would postpone the trial of the libel suit of Judge McCue against Demas Barnes, upon defendant's atipulating to try the cause during the first week of April. Counsel for de- Jence will consult with his chent as to whether he will accept the terms. The Grand Jury of the United States Court is ow in session, and it is reported that the case of Sanborn, Hawley & Vanderwerken will be submit- ted to them with the view of having them find another indictinent against the accused, Counsel for the defence while arguing the motion for the release of Hawley, recently, intimated that the District Attorney intended to bring the case before successive Grand Juries until he got an indictment on which he was wullog to go to trial. The suit of Gertrade Koelges against the Guard- ian Life Insurance Company for $3,800, the amvuunt of a policy on the lives of plaintim and her hus- band, has been settled, The case has been tried three times; two o/ the trials resulted ina verdict for plaintiff. The point in the case was this; the Premium had been paid after it was due to the clerk of the company, who did not report the re- | ceipt of the money. Mr. Koelges died, and the company ciaimed the clerk had no right to receive the premium after it was due and thereby revive tne policy. SUPREME COUR(—SPECIAL TERM. To the Dissecting Room, Not Potter’s Field=—The Long Island Medical Col- lege Demanding Unclaimed Bodies from the Coroner. Before Judge Pratt. The faculty of the Leng Island Medical College Hospital are just now at variance with the Coro- ners of Kings county touching the supply of hu- man subjecta for dissection. Up to within the past month the dissecting tabie of this institution ‘was rarely void of subjects, the latter being tur- George 8S, Williams is the superintendent of the firm of Fisher & Hall, No. 344 Front street. Augustine A. Thurber is @ paper box mauufacturer in the same building, on the floor above, Mr. Thurber, according to his own statement, had made a sort | of verbal agreement with the landlord of the build- ing in whichhe and Fisher & Hall had !oits tooccupy | the latter’s premises on a certain date, as they had | been behindhand with the rent, and the landlord | wished to get rid of them. Ona certain late day | Mr. Thurber commenced to move his property | down stairs, and had placed 350 ae boxes in the premises of Fisher & Hali when Williams entered. ‘The latter demanded to know the reason of the presence of Thurber and his goods, and when Thurber endeavored to explain he-awas seized by the irate Willtams and ejected. On reaching the ground | floor he was assaued from above by Williams, who, through the hatchway, rained down his boxes on his head, not only damaging his person, but aiso Gestroying his goods. ‘hurber’s testimony was corroborated by one of his female employés. Mr. Williams, on being examined, materially changed the aspect of the case. He said he had not been Thurber that he was a trespasser and ordered him to take himself and his goods out, Thurber abused him im the vilest of language, and finally Williams was compelled to forcibly eject him. Williams, ber, Dut stated that, asthe latter .would not re- move them, he kicked them out of his piace, The | prisoner was discharged. ESSEX MARKET POLICE COUT. A Very Heavy Calendar. Before Justice Flammer. The returns from tbe various precincts within this district court showed the large aggregate of 130 prisoners. The compiaints in almost every case were jor being drunk and disorderly or some other charge arising out of a too tree use of the flowing bowl of “rotgut.”” Seven weeping wives appeared as complainants against a like number of Tecreaut husbands, charging them with inhuman and brutal conduct. Owing to the solicitations of the women and the knowledge vhat they would Starve, together with their thirty-five children, the men were discharged with the distinct under- standing that they were only liberated at the so- licitauuon of their wives. Slightly Too Thin. Twenty old bummers, who have been chronic attendants on the charitable institutions called forth by the present distress, were sent to the Island. They are all well Known as being the hangers-on at low distilleries. Justice Flammer made some appropriate remarks in meting out the judgment of tae Court to them. These fellows | have veen getting up many ‘‘Lales of woe” with | Which to deiraud the various charitable institu- tionsoow abounding throughout tue city, FIFTY-SEVENTH STREET POLICE COU3T. } A Bad Beginning. Before Justice Wandell. A little girl named Julia Hughes was arraigned by Oficer Fallon, of the Twenty-first precinct, charged with grand larceny. The complainant, Mrs. Jutia Easterbrook, of No. 288 East Thirty-fifth | street, alleged that the prisoner was a short time | since in her employ. After she had been dis- charged a quantity oi jewelry and clothing was missed. Suspicion fell upon Julia, and she was on Wednesday night arrested while attending the periormance at the Thirty-fourth Street Theatre, On her person several pawn tickets representing the stolen garments were found. The jewelry, the | girl confessed, she had sold to Philip Purcell, in Whose shanty on Dutch Hill she then resided. She was committed i aeianlt of $1,000 bail, Purceil was also arraigned to answer a charge OI receiving fault of bail to the same amount. Three stowaways Charged with At- tempted Barglary. The police of the Fourteenth precinct arraigned, | with @ great flourish, three young men, named Michael Pitzgerald, James Smith and Andrew Allweill, on a joint charge of attempted burglary. The prisoners were found at an early hour yester- aay morning secreted in a@ loadea treignt car owned by the New Haven Railroad Company, to which the officers ciatmed the accused had gained access by torce. The three young men stoutly de- nied that they had jotced an entrance to the car, or that they were there with a felonious Intent, They asserted that they were unemployed tactory | operatives and resided im Little Falls, N. Y. The. have jor a few aays past been tramping throug! New England in search of work. Failing in that, they turned their jaces toward New Jersey. Hav- ing DO Money, and fading the car unlocked, they passage to this city, The honest iaces of the pris- overs induced Justice Wandell to inform them that iW theycan prove good character he will release them. They were locked up, and will be again ar- raigned whenever the needed evidence of reputa- tion 18 forthcoming. COURT CALENOARS—THIS OAY. Supreme CovurT—Unameers—Held by Judge Donohue.—Nos, 78, 111, 120, 130, 137, 168, 189, 213, | 216, 223, 245, 266, 400, 403, 310, 316, 317, 340, 351, 45, 71, 85, 90, 100, 102, 121, 122, 178, 177, 179, lsu, 194, 195, 197, 228, 243, 279, 315, 323, 324, SUPREME COURT—GENERAL T8RM—Held by Judges Davis, Daniels and Lawrence.—Nos. 151, 154, 155, 160, 161, 162, 163, 165, 21, 37, 167, 168, 169, 172, 30, 13y, 153, 174, 86, 175, 176, 177, 178, 17) SUPREME COURT—CiRCUIT—Part 2—Held by Judge Van Brunt.—Short causes—Nos. 2946, 2716, 2696, | 2000, 2918, 2786, 2916, 2872, 2930, 2550, 2326, 2783, 2296, | ba es Aesmicn Neee Path}. “Held oF | SUPERIO RT os r ae a x 1577, 1587, 1348, 1582, 1599, 1628, 1639, 1036, 1642, 1188, 1452, 1482, 1 1115, 1472, 1449, 1440, 1446, 1417, 116) 0, 1287. Fart 2—Held by aman, . $30, 660, 870, 1490, 902, 926, | O28, iid, WA, 988, O38, 040, O42, O44, O46. COURT OF COMMON | PLBAS—GENERAL TERM—Held by Julges Daly, Rowlinson and Daly.—Nos. | 5, WS 19, 40, 21, 28, 25, 24, 25, 96, 47, 70, 58, 57, 5, 5, 27, 28, 49, 69, 60, 61, 62, 7, 64, 70a, 77, 40, 67, CouRr OF COMMON PLeas—TRIAL TERM—Part 1— Heit by Judge Loow.—Nos, 63. 4077. 180%, 2720, nished from Bellevue Hospital. The recent inves- tigation concerning the mode of barial of the un- clatmed dead in New York, however, led to the refusal of the authorities to aid the Long Island College students in their search after surgical know" ledge. The faculty then appealed to the Brooklyn | coroners for subjects. Coroner Jones was in favor of exceeding to the demand, but Coroner White- hall dechned to surrender any bodies unless the Courts shouid issue an order compelling him to do so. The doctors claim there 1s @ law by which they are empowered to claim and receive unidentitied | bodies for medical or surgical purposes alter a cer- tain time has elapsed. This 18 the frst time that such a demand has been made upon the Brooklyn coroners. The statute under whicn they claim the surrender of bodies 18 entitled “An Act to pro- mote medical science.” There are upward of 300 paupers buried in rotter’s Field yearly, and the scientific gectiemen who thus thirst after knowl- edge say “they only want a small portion of that number.” Yesterday afternoon an application was made to Judge Pratt for an order directing the coroners to show cause why they should not comply with the | law and furnish the college with the bodies. The law in question was Veapes in 1854 and directs thar un- claimed bodies 8! to be used for the purposes stated. The College people contended that the act 1s mandatory, Judge Pratt granted an order directing the cor- oners to show cause to-day at half-past nine A, M, It 18 understood that they will not contest the mat- ter, as ali they want is an order of the Court direct- ing them to comply with the request o/ the College. | OHAMBER OF OOMMEROE. At a special meeting of the Chamber of Com- merce held at their rooms on William street yesterday afternoon, Vice President George Op- ll be turned over to this college | dyke in the chair, Mr. Ambrose Snow was reelected | Pilot Commissioner ior the term of two years, Mr. Samuel B. Ruggles gave notice that on Tues- day evening next the Joint Committees of the | Senate and House on Canals will meetin the Senate Chamber at Albany, to hear all who are | interested in the matter of their management. CORONERS’ CASES, Found Dead in a Closet. Coroner Woltman was called to the Morgue to hold an inquest on the body of Bernard O'Shea, a | man thirty-seven years of age, whose dead body was found inthe rear closet of the premises No. 503 Canal street, where he had occupied a room for u week past. Death is supposed to have resulted from natural causes. Found Dead in a Yard. Yesterday morning &@ woman named Lizzie Stevens, thirty-six years of age and a native of England, was found lying dead in the yard rear of remises No. 59 Thompson street. aving no home, means or friends, her remains were sent to the Morgue, where Coroner Woltman will hoid an inquest. Death of a Convict. Michael Roach, forty-four years of age and born in Ireland, under conviction ior petit larceny and serving out a two months’ sentence in the Peni- tentiary, died yesterday in that institution, An inquest will be held on the body by Coroner Kessler. INSURANCE BROKERS’ ELECTION, At the annual election of the New York Board of Fire Insurance Brokers, held March 11, the follow- ing oMcers were elected for the ensuing year:— Presvdent—Robert C. Rathbone. Vice President—James M. Bates. Treasurer—Wiiliam Mulligan. Secretary—Theodore Wehie. Executive Committee—Herman Mosenthal, George B. Norcross, A. L. Shaw, George A. Stanton, Joseph 4B, Falk, Andrew Wesson, Albert 0. Wilcox. Pinance Committee—Abraham 8. see, Jacob Romberg, James S. Hollingshead. Membership Committee—James M, Bates, Henry | Honig, Edwin J. Barney. _ The association numbers nearly 400 members, THE DEPARIMENT OF DOCKS, The regular weekly meeting of the Department of Docks was held yesterday afternoon, Mr. West- erveit in the chair. The petition of the New Haven Steamboat Com- pany for costs of repairs and dredging piers Nos. 26 and 26 East River, whicn was referred to the Executive Committees, with powers, tn December pater reported back with the denial of the com- mittee. Tie petition of Decker, Rapp & Co. for permis- sion to erect derricks on bulkhead of Tweiith street, reierence a8 previous petition. The contract lor building a steamtug for the De- artment Was awarded to Ward, Stanton & Co., of Newburg, N. Y., for $44,250, they being the lowest bidders under proposals opened on March 9, 1874, The Executive Committee, in reply to a commu- nication !rom the Erie Railway Company tn refer- ence to their rights under lease of bulkhead be- | tween piers Nos. 31 and 32 Nortn River, requested | the company to reier tue watier to the counsel jor legal opinion. Adjourned. ITY AND COUNTY TREASURY, Comptroller Green reports the following dis- bursements and receipts of the treasury yester- day — DISBURSEMENTS, No.of Warrants, i Amount, SL Claims paid Pay roll Total. «..++ 00 sseeenes necnirrs From taxes of 1873 and interest From arrears Ol taXes, assessments and From collection of sand Inge From market reuts ‘ 285 Froin sewer permits From sales of vitrified stone pipe v2 From nernses—Ma ) or’ Office...... oS From Bareau of Permits—Mayor's Off.ce ay From fees, &¢.—District Gourt..... 23 Total...... oon Deceased | | bribery, conspirac | Sher s. tral of onexamoled duration, youl TICHBORNE. Closing Seenes of the Great Trial. BUTCHER, NOT BARONET One Hundred and Eighty Days— Conviction and Sentence of the Claimant. FOURTEEN YEARS PENAL SERVITUDE. Lonpon, Feb. 28, 1874, The great Tichborne case closed to-day, at noon, at the Court of Queen's Bench, Westminster, after having dragged on its existence during 188 days. It was an event of no small importance, for during these 188 trial days it is not too much to say that one-half the people of London have daily read trom three to six columns of closeiy printed matter about the trial with insatiable avidity. Every old market woman, every dilapi- daved Cockney you meet, can tell you from memory, if you ask him, the full history of Sir Roger Tich- borne; can describe you eyery event connected with that aristocratic family and revarrate with fidelity the stories of the hundreds of witnesses, To the lower classes, at least, the Tichborne trial has been the only mental food they have enjoyed for many months. The circulation of leading daily penny papers has increased 40,000 copies since the trial commenced, One literary au- thority has made tbe interesting calculation that people have wasted in reading the reports of this trial time enough for them to have acquired a couple of languages or read the best classic works of English literature, To the average intellectual reader the daily reports have been like recurring nightmares, yet Loo curiously and interestingly t mpting to withstand perusal, THE CONCLUDING DAY OF THE TRIAL. The Court of Queen's Bench was, as usual, crowdea to suffocation; but hunareds, fnding no room within, had to content themselves with helping to swell the crowd in Palace Yard, to watch the ar- rivals. At nine o’ciock the morning was still cheerless and foggy, but as the sun gained in power and distributed a lazy kind of warmth upon Westminster, the scene received more color and | animation. At about ten the claimant's brougham, with its cockaded driver, appeared for the last time, The crowd cheered heartily, and the claimant raised his hat in response and appeared in good spirits, There was no evidence of fear about his features, and he smiled to acquaintances and chatted pleasantly with persons lingering in the hallway. Iwas told that @ small number of persons had assembled to see him start from bis own residence, in Besborough street, tor tne Court of Queen’s Bench for the last time. A lew workingmen recognized him as he drove down, and rushed forward with ciies of “Bravo, Roger!” But ides this there was little excite- ment, except within the court room itself, where barristers Were huddled together like sheep in a | pen and aristocratic ladies and gentlemen were glad to get standing room beside plain citizens and men of low degree. SCENES INSIDE THE COURT. Everybody who had a friend officially connected with the trial had provera tickets of admission, and thus it came about that so many rows of the court were occupied by young and ambitions wu barristers. The members of the jury, the barristers, the mewspaper reporters, ‘ap- peared im brighter humor than asual, for with this day they hoped to see their arduous labors finished. Kenealy came in in gloomy tem- per, Hawkins smiling and half exultant, We turned to the claimant, who, alter he had bowed | to the Judges, took his seat and looked very uncon- cerned, and then read his letters and telegrams, Tne Lord Chief Justice then proceeded without delay to the closing part of his charge, to which the claimant listened, tore up papers into shreds, asis his wont, and played nervously with small articles witbih his reach; sometimes whispering to Dr. Kenealy, and at times, when the Judge hit hard, bent his heaa in «studying a small Spanish dictionary in his possession. The Chief Justice got at times excitedly in earnest 1n_ his delivery, and when once or twice he struck the desk the claim- ant would maniiest great restlessness, and mut- tered someting to himself and exchanged looks and whispers with Kenealy. ‘The last part of the CHIEF JUSTICE’S LENGTHY CHARGE is, perhaps, worthy of quotation in suvstance :— The Lord Chief Justice said they had now travelled over together the extensive range of (he tacts of the case and the evidence tending to establish it on one sive or other. He asked the jury if they could persuade themselves that @ young gentleman like Roger Vich- borne, entitled to @ considerable income, would have pursued the callings and undergone the trials and ad- versities of the defendant; would have allowed years to pass without communicating with his family, and espe. cially wou'd have written the letter to Mr. Richardson, of Wapping. As to the sealed packet and the alleged seduction, his lordship said it the Jury did not believe the defendant's story--if it was: untrue—it was the most abominable ever invented by the wickedness of man or the crart and subtlety of the devil. There was deep silence in the court as the learned Judge proceeded to the close of anex- | haustive review of thé testimony. THE OHIBF JUSTICE’S PERORATION. It would be idle affectation to pretend no:.to know who is meant to be connected with the alternative of intamy honor, and whose name is to be blurred for the Is that the way ia which counsel is to speak of | judges of the tribunal before whom he is pleading? T am quite sure that there can be but one response from the body that I see beiore me, (Applause from the Bar.) | Pray, pray do not do that. Gentlemen, the history of this case may be written by whom it may, Icare not. I | am conscious of baying done my duty in it, and can only say— “There is no terror in these threats, For J am armed 80 strong in honesty ‘That they pass by me like the idle wind, Which hye sara not.” The history ot Phis case may be written hereafter, and, for aught I Know, by a pen steeped in gall and venom, that may not scrapie to lampoon the living, or to revile and calimniate the dead. 1 have no fears The tacts Will speuk for themselves, I have adminiswered justice here now for many years. 1 eannot hope that iny | memory, like that of the great and illustrious men who have gone berore me, will live in the alter ages, but Ido Hope {t will live in the temembrance—nay, f venture to 8a the allecuonate remewbrance—ot the geueration belore whom, and with whom, 1 have administered justice here. THE THREE JUSTICES, Justice Mellor and jnstice Lush then addressed the jury to the effect that the charge of the hora Chief Justice was AL att by & masterly arrangement of facts and by periect accuracy, | great analytic and synthetic power. THE JURY RETIRES. At twelve minutes past twelve the jury retired. | GUILTY. | At shirsy: minutes past twelve o’clock they ne Gentiemen,” sald Master Cockburn, “are you agreed upon your verdict?” The foreman of the jury replied distinctly, “We are | “Do you,” said Master Cockburn again, “find the defendant gullty, or not guilty, on the first count:” “Gulity,” replied the foreman, “Guilty, Or not guilty, on the second count ?? asked again Master Cockburn. “Guilty.” “You say he is guilty upon both counts; and that 1s the verdict of you all?” “That 1s the verdtct of us all, replied the fore- | man. | ‘rhe Lord Cbief Justice then said, “Are you agreed upon all the issues? Are you agreed that he is or 18 not Roger Tichborne?? The loreman answered —“We are.” The Lord Chief Justice—“That he is or is not Arthur orton?’ The loreman—We are. The Lora Chief Justice—“Are yon agreed on tne issue of the assignments for perjury with relerehce to the sealed packet?” Mr. Hawkins—“On behalf of the Crown, I pray for immediate execution.” The foreman o! the Jury—‘I will read the ver- dict. We tind, Orst, toat the defendant 1s not Roger Charles posmny Tichborne; second, we find that the defendant has not seduced Lady Rad- cliffe, and, further, we find that there is not the | slightest evidence that Roger Tichborne was ever guiity 0! any undue tamiliarity with Lady Rad- chife on any occasion whatever (applause) ; third, | we find that the desendaut is Arthur Orton.’”” Th Lord Chief Justice—"*That disposes ofall the | e8. The foreman then handed to the Lord Chief Jus- tice a Written paper prepared by the jury, and asked the opinion of the Court whether it Was a | proper one to be read. | The Lord Chie! Justice—"Yes, I think it is quite right. This is the general opinion of you ail ¢* of us all.’’ The Lord Chief Justice (reading) — ‘The jury de- sire to express their Opinion that the charges of and andue imfuence made against the prosecution in this case are pe devoid of foundation; and they regret exceed- | the violent language and demeanor of the lea ay counsel of the defendant in bis attacks | upon the conduct of the prosecution and upon several Of the Wilnceses produced in the case."’ SBNTENORD. Mr. Frayling, one of the officers of the Court, then ordered tie deiendant to stand up to receive sentence; and the ciaimant accordingly rose from us seat, Justic: vilor then passed sentence:— | Thomas Castro, otherwise called Arthur Orton, oti wise cailed Koger (harles Doughty Tichborne, Barc ing! convicted by a jury of ral perjuries charged in the coun of tis indictment, and whieh were truly deseribed by your own counsel as “Orimes as black and font as Justice ever raised hee sword io strike,” In the | trial of your case the jury have exhibited a care, patience apd inelliwenoy Be Ver sugomssed , ludedd it Was puch as he joreman—"Yes, my lord, vie geveral opinion t to extort sa f admiration from own counsel, and thelr verdict the unanimous Proval of the Court. You endeavor red to fi hborne, and impose the public as yi ey ou endeavor: tordevrud we youth be ‘of his just. a: Buteroat as was this wickedness, it comparatively small when com) with the injui accusation by which you acid gate in dns ath actus by . A , and cr y Which it was sought to omablish the charge. Happily there have not been wanting the means of retuting cowardly calumny, and thy have been supplied to a wondes degree. That pot diminish baseness The pualshment about to be inflicted 4s wholly tuadequate to the gravity 01 the offence, the enormity of which was never contemplated when the act of Parliament decreed such a degree of punishment, ‘The sentence of the Court, which J pow pronounce, is that for the perjury charged in the first count of the in- dictment you be kept in penal servitude tor the term of seven vears, and that for (he perjury charged in the sec- ond count of the indictmeut you be kept in penal servi- tude for a turther term of seven years, to commence on the expiration of the punisnment ‘for conviction on first count. “SIR ROGER” THE CONVICT. ‘The claimant looked as unconcerned as ever. “He stands it like a gentleman,” said @ bystander, “May L be rie to sayatew words?’ This re- quest was denied. The Lord Chief Justice said simply and authoritatively, “No.” Then the de- fendant turned and shook hands with Dr. Kenealy, who bade him “goodby."" He smiled gloomily a8 they parted, and gave himself up quietly to the care of Mr. Frayling, the tipstat?. THE REMOVAL OF THE PRISONER to Newgate was effected very secretly, while the | big crowd awaited with impatience Outside to | greet him, but were disappointed. THE LORD OIEF JUSTICE, after the disappearance of the claimant, addressed | a few words ol thanks tothe jury, and then the Justices and barristers and reporters and police | got up from the one hundred aad eiyhty-eighth sitting of the trial, never to meet all again. OUTSIDE THE COURT. After the verdict had been uttered the news | spread with immense rapidity among the crowds | issembled in the court yard beneath the Victoria Tower and about the doors of the court. People were so pregnant with the news that they com- municated it gratuitously to every person Who ap peared to be still ignorant of the fact. ‘Fourteen ears!” “What an infernal shame!” “Ought to ave been twenty-one!” “Of course he is Arthur Orton!" “Some day Arthur Orton himself will ap- pear and prove that the Chiei Justice was a knave @nd @ fool!” “Mind what you are saying, old Udectives are about!” “Oh, now that the trial ia over, we can say just what we like; and I wisn somebudy would tilt the Judge’s carriage over into the Thames!” ‘These and a thousand other remarks were bandied about. Fortane ey the crowd bore an air of great respectability. Being about one, the workingmen had not time to appear | on the scene, aud it was an opinion entertained b; most men on the ground that, had the trial laste: till the usual hour, when the rougher portion of the claimant’s sympathizers usually assemble to | show their adherence to Kenealy and their disgust of Hawkins and the Lord Chief Justice, were would | have been trouble. Of course the crowd thought that the Chief Justice was at the bottom of this piece of treachery, in disappointing the mob of its pet amusement, THE CROWD. The crowd was perfaps 10,000 strong, but quiet, and presented no very extraordinary tea- tures. It was “down’ on the detectives, and evi- dently knew them all by sight, for sometimes an unlucky individual, when civillan’s dress did not Well sult, Was severely chafled by a butcher or baker telling his neighbors that the man was “a | spy and had bis beat on Notting Hill,” | he majority of the crowd evidently en- tertained no verv high opinion of the Lord Chief Justice’s wisdom and impartiality. One in- dividaoal said that never had there been such & wrongful decision since the days of the infamous | Jeffreys! So the crowd talked and vented its | wratn or joy, while the authorities quietly took “Sir Roger!’ (who was) off ‘TO PRISON THROUGH A BACK DOOR. It was a great disappointment to tuem all. They wanted to cheer him and to cry out, ‘Bravo, Sir Roger!” just as workmen had shouted in the morn. ing as the claimant reached the portals of West- minster Hall. They wanted to see Lim in the prison van and compare bis looks with those of this morn- ing as he drove down to court unconvicted and with alaint hope that he might be declared the true “Sir Roger, the heir of Tichvorne.”” REAL ESTATE MARKET. The First Great Sale of the Scason—A Healthy Reaction Prognosticated—The ‘Want of Rapid Transit Painfully Apparent. Since the panic transactions in real estate have been carried on to a limited extent, as far as sales at public auction are concerned; hence any quota- tions made of values during this period of financial ‘stagnation had to be taken cum grano salis, upon which no positive worth could be placed. It cannot be said that there existed any actual Teaction from prices of last spring in this species of possessions, from the simple fact that as soon as the financial crash came all dealings in realty were at once suspended. Very little unimproved property was offered for sale, and as little pur- | chased except occasionally, and then at ruinous prices. It seems, however, that the back- bone of this long spell of inertness is now effec- tually broken and better days are at hand for real estate operations and investments than we have seen for the past six months at least. A glorious thing has been the recent panic for the interminable croakers and the ‘implacable’ jpeculators, ltserved as the bandle to their ill- humor tn decrying values and situations. The most eligibly located property is by them thus beltttled and the urgent need of rapid transit decried, as was the annexation of the new territory now forming the Twenty-third and Twenty-fourth wards, Thus 18 Opposed the carrying but of the project for establishing the parade ground at In- wood Heights; thus 1s the building of the Riverside avenue combated, fee why?’ For the simple rea- sofi that their hitlé gamé is arepetition of the “dog in the manger.” It 1s not to be denied that during the “dark era’? ; in our monetary history above quoted, “fancy” priced property suffered somewhat from the de- pression. Especially is this to be noted on the west side, But the solution is easily given for this, by the fact of the total absence of carriage convenience either by cars stages to localities distant irom the Central Park. And here again comes in the plain- tive cry lor rapid transit, which must remain the burden 01 the reirain to be sung unt! our Legisla- | ture answers with some practical measure to pro- | vide for us tai8s much neeued relief. If alarge and influential gathering of gentlemen on 'Change, aud a spirited bidding on property put Up at public vendue is apy criterion ior better times, yesterday's sale by Messrs. Adrian H. MuJ- ler & Son, Would augur the opening of a good and healthy spring traue. Long before the noonday hour the Exchange Salesroom was completely filled, the attraction being an executor’s sale of the estate of the 1ate Andrew Carrigan, consisting of elght lots on theGrand Boulevard, eight on Riverside avenue, nine on 114th street and nine on 115th street, between these two avenues, The old Aabitucs and Many new faces were to be | Doticed among the assemblage, every one anxious to ascertain the Jinale, as the result, thereof would in a great measure regulate the Market jor some time to come. ‘he figures here realized warrant the prognostication of an active, steady market. Considering the location of the property disposed of, and likewise that tuis was the first sale of any Magnitude (except that of the Knickerbocker dio tel the day previous) this season, the prices ob- talped are considered by competent judges to have been all that could be desired. The first lot offered was the southwest corner of 114th street and Boulevard, No, 86 on tue catalogue, 25x75. The starting point was $6,000—bids of $250 raised the price to $7,000, Furtuer advances atthe rate of $100, $50, aud even $25 tollowed, until finally the price of $8,250 was obtained, | and lot was A. H. Rathbone. The block, southeast corner of side avenue, brought $3,350, who also purchased the one immediately adjoin- ing on the west tor $5,750, and the one next to that was bought by Mr. W. H, Allen for $5,700. ‘The next four jots, up to and adjoming the tirst jot sold, Were purchased by Mr, Thomas Murphy, ex-Collector of the Port, for $5,675, $5,685, $5,575 and $5,750 respectively, Whe northeast corner of Riverside avenue and 114th street was bought by Mr. P. Cassidy ior $11,950, while the soutuwest corner of this avenue and 115th street was sold to Mr. . Friedman jor $11,450, who uls0 purchased the two adjoining lots on 116th s'reet and three adjoming on Riverside avenne. The entire thirty-iour lots were solid by ali-past one o’viock, whe total amount realized being about $195,000, The Joilowing is a summary of yesterday's trans- actions at the Exchange Salesroom by all the auctioneers present :— of on struck lot to Mr, the next BY ADRIAN H. MULLER AND SON. By order of Develin, Miller & ‘Irull, attorneys for | exécutors. Terms of sile, ten per cent cash, twenty per centon the 9h day oi April aud the balance on inort- age at five years. nw. corner Boulevard and 14th st. 25, 11x75 HH, Rathbone... 11. adjoining, 11. adjoining, 11 adjoining, 25x TL. adyorning, 25x75, 11, adjoining, 25x75 1 26x75 IL aw. Thomas Murphy...... Thomas Murpuy Thomas Murphy Thomas Murphy. W.H, Alien 7: ib Riverside av. dnd Wath st, Bx90.i Patrick Cassidy... . a . jorning on D. s., 25x97.8 ; adoring, 33x90 it Friedman ¢. corner Riverside av. and WUdth st, 26x96.i Friedmin.... ‘ a» a rere & = 115th st., 186 1. W. Boulevard, each 256x100. HW. J. smith... n. & LMth st. in rear 1 ith. P c 2 lots adjoining on s, s., 2 hots adje Mansion h. and ¢ lots, 0. side av., each }. 25x100. Slots ad/oming on e. Murphy ibstory be ‘boitor h. ad's ostory Dk, factor jer h. anid Old abel ce, 175 te Ww. Ath av. Ws a aslacig71G% Qs O. bilda, 1.500 ith street and River- | ‘om Mr. H. A. Smith, | KING CONVICTED. He Is Found Guilty of Murder in the Second Dogree. Sentence Deferred Till This Morning. The Jury Out Twenty-seven Hours—Their Trou- bles in Coming to an Agreement—Scenes and Incidents in the Court Room—King’s Stoicism Unshaken by the Verdict. The large crowd in attendance at the King trial, which waited with such patient Persistency for the verdict on Wednesday nignt, put tn a prompt appearance yesterday morning on the reopening, at hall-past ten 0 clock, of the Court of Oyer and Terminer. District Attorney Phelps was on hand ‘(with his usual promptitude, and so was the pris oner, wearing the same look of indifference. He greeted smilingly his counsel, ex-Judge Beach, William F, Howe and John O, Mott, ana chatted with them gayly during the few moments interven- ing before the arrival of the jury, Their all night's confinement showed its effects clearly on most of the jurors, and they took their seats with an air of weariness, “Have you agreed on your verdict, gentlemen?” Judge Brady inquired. The foreman shook his head as a negative re- spond. “Well, gentlemen,” began Judge Brady. “May I hand you a paper?” asked the foreman, interrupting the Judge, “Certainly,” answeréd Judge Brady, and the paper was passed up to lim, which, glancing on first, he proceeded to read aloud. The paper con- tained two questions, The first was, “Whether a Juror in the exercise o1 a good consctence could descend irom a higher to @ lower grade of crime in their verdict for the sake of agreement?” Judge Brady answed this question promptly by answer- ing, “Certainly.” The second question was, “Whether the evidence would justify Onding a verdict of murder in the second degree?” “The evidence does not justify any such verdict,’* said Judge Brady in reply to this question, and ap- parently a little ruffed, and then he continued, “You have the physical rignt to find a verdict for any of the grades of murder or manslaughter. I told you so in my charge; 1 told you so last night and i tell you again the same thing now.” After this rather scathing judicial rebuke the jury retired, Slowly the morning and afternoon jours waned and no tidings from the jury, except that they complained of being shut up in room ali night without a fire and that they were allowed to go and get a dinner under the superintend- ence of iliam H. Ricketts, Chief Omcer of the Court. and his assistants, Peter Ewald, Julius J. Arnold and William McGuire, | who have had charge of the jury since the commencement Of the trial. Meantime the crowd continued to linger and to canvass the probable result. The longer tne jury remained out the im- Pression strengthened that there would be @ dis. agreement. A good deal of the time King passed, as on the evening previous, faiking with Mrs. Palmer. He chatted also by turns with his counsel. “Do you know,” observed Mr. Howe to a gentle- men, ‘that irom the moment the jury went out y to the present time King has never asked me wha { thought the verdict would be? He has talked of his sojourn in California, given incidents of his life in the Sandwich Islands, told of his financial operations ia Bremen, ndon and other Euro- pean cities, but never once referred to the trial.” “A most singular case of in ence," answered the gentleman addressed. ‘1 hardly know how to account for it, except on the hypothesis that he is insane.” “Lt 18 all put on,” interrupted a third party, who is evidently in the nbabit of speaking freely hig opinions. “He is playing the insane dodge; but if there was ever @ cold-blooded murder his kluing of O'Neil was one." At three o’clock it got noised about that the jury were coming, All the loiterers in the vestibule outside at once rusned into the court room, and in a moment there was scarcely @ square foot of standing room left, and all eyes were turned in the direction of the door through which the jury were to enter. It was tedious wait- ing. An hour passed, aad yet no jury. ‘Two boura more passed with the same resuit. Finally, shortly after six o’clock, Judge Brady sent for the jury to inquire, as the result proved, into the causes of their continued disagreement and. whether he could make aby suggestions to facilitate their de- cision, COMING IN OF THE JURY. Promptly in response to the judicial mandate the Jury made their appearance. Alter the usual formula of calling their names sate Brady asked | them if they had agreed, and the foreman replied that they had not. Judge Brady—I sent for you to see if I can assist you in arriving at @ conclusion. You must be aware of the cost and trouble this trial has cause and the charge must eventually be disposed ol by twelve men, The Vourt looks on you as intelli- eae gentlemen, and } shail consider tt my duty to | Keep you together. I do not know how much | longer, but certainly longer than you bave been to- gether. For this reason | have sent for yous The Foreman—We have conscientiously tried to { do our duty from the moment we went out. We are all of one mind that the prisoner is guilty, but Not as to the degree of guilt. Judge Brady—You need not state your conclu. sions. The Court instructed you this morning that | you had a right to find a lesser degree of guilt, and } 1f you have the right tuere can be no objection to | your exercising the power. The Foreman—We were told that we had the Physicai right. Judge Brady—I meant that under the evidence you Would not have the right to find in the second degree of murder, but you would have the legal right; and it was my duty to charge you that under the evidence you could not find in the second de- | gree; but, as I have said, you had the legal right. ‘The Foreman—Ii we find such a verdict would | it not be undoubtedly set aside nif the Court of Ap» | peals, because It was not according to evidence. Judge Brady—I do not understand you. ‘ District Attorney Phelps—He asks whether the Court of Appeals Would set aside the verdict be- | cause It 18 contrary to the evidence. | Judge Brady—I say wnat is legal cannot be set } aside; that is what [ meant by saying legal. | The foreman then made inguiry about murder in the second degree. Judge Brady—1 explained that that verdict is not warranted by the evidence, but you have tie legal right to find it, ‘he Court then intimated that the jurors might ask any questions they pleased, Tbe Linta juror said he had no questions to ask. Tne Kieventh Juror—I understand we were sworn to find a verdict on the evidence wie , to our oaths, Do we act up to our oatus 1 we din | @ verdict—which you say 18 against the evidence— | Of murder in the second degree? | Judge Brady—I do not ask you to gece Mond oaths. The Court told you that you Dave a legal right to find a verdict of murder in the second degree, By law you, as jurors, have that right. | THE VERDICT, The jury then retired, and returned again in about ten minutes, The verdict was almost an- Ucipated, and it was very easy to see, as Jurors took their seats, that they had arrived at an agreement. “Gentlemen of the jury,” asked Mr, Sparks, the ave you agreed upon a verdict?” | “We have,” answered tne loreman. . | “Jurors, rise.” continued Mr. Sparks. “Pris- oner, rise. Jurors, !0ok upon the prisoner, and, prisoner, look upon the jurors, How say you, do you find the prisoner at the bar guilty or not wiity ? ® “Guity of ahaa in the second degree,’ romptly replied the foreman. Prinere was @ deathlike stillness in the room. Tne prisoner stood with his hands behind him, Jooking calm and unmoved on the lurors—tue stoicism that pan oars him throughout the trial still unshakeo. MOVING FOR SENTENCE, Mr. Phelps—if the Court pleases, this jury have | discharged their duty, 1am satisted, with consei- entious fidelity to the obligations imposed upon | them, and 1 now ask for the judgment of the Court owe-—In the absence of Mr. Beach, who had to leave the Court for his home, aud in view of the very many exceptions he took during the trial, and of the suggestions he made ‘to ’me to-day — before leaving Vow 1 respectfully ask that Your Honor do no pass sentence until to-morrow morning, when the jearned gentieman can be present. Iv is but fair to the accused that the jearne.) counsel should be present, considering bis anxiety during this trial, | and 1 ask tt in good faith. | ~ Judge Brady—I see no objection to this, The | prisoner is remanded till to-morrow morning for entence. ® ‘The Foreman—Your Honor, I am instructed by the jurors to thank the Vourt, the counsel on both sides and the attaches of the court ior the uniform kindness they. lave shown the jurors during thus | trtal, | The court then adjourned, and slowly the crowd began to withdraw ir the court room, King | remarked to Mr. Howe, “Telegraph to my children that wy lite is saved,” FATAL ACCIDENTS AT MIDDLETOWS, MIDDLETOWN, N. Y., March 12, 1874. Peter McLoughry, colored, aged seventy-five years, Was killed at the Main street crossing to | day by the Erle Ratlway train, | Louis Mutenger, aged tweive years, accidentally | Killed Richare B, Sueil, aged eight years. will Labo wipg him Gis latuerté DUNtdie «