The New York Herald Newspaper, July 10, 1874, Page 8

THE COURTS. The Templeton Wife Shooting Case-— Motion: for a Stay of Proceedings, A CONSCIENTIOUS REFEREE. The Courts Disagreéing on a Ques- | Sic. tion of Practice. BUSINESS IN THE OTHER COUBTS. The Templetom Case—Application for = Stay of Proceedings Upon Exceptions | Raised During the Trial. Every possible effort is still being made to save from the ignominy of State Prison Duncan D. ‘Templeton, convicted, before Recorder Hackett, in ‘the Court of General Sessions, in April last, of a | felontous assault upon his wife, Ida Maud Temple- ton, whom, as claimed by his ‘riends, in a moment of mental delirium, he attempted to kill by shoot- ing her with a ol upon accidentally meeting her in Fourteenth street. 1t ts unnecessary to Feelte the details of a story with which the public Were made so painfully familiar during the pro- gress of the prolonged and exciting trial. He was semtenced to State Prison for seven and a balf years, but, directly succeeding the passing of the Bentence, a motion was made by Mr. John D. Townsend, his counsel, for a stay of proceedings | f error, end, pending this motton, the priequer bse been allowed to remain in the Tombs, After some two mouths’ delay, considerable time, of course, being requistte to prepare the bill of ex- ceptions, the case caine up for argument yester- day, in the Supreme Court, Chambers, before Judge Lawrence. in opening his argument counsel said that he had taken some filteen exceptions during the clic! robbery, pleaded guildy to petit larceny frum the | Of course there was a goodly sprinkling of the ts ant Me eet Ghee cea Satcnase | person. ba the 28th of ‘June he stole @ silver | members of the local Bar, bent upon enjoying the Cited on his side, he would take up the tame of the | Watch, worth $5 Court with presenting only a few ofthe more im- | rtant ones, and upon which he mainly based the present application, This first exception had ref- | erence to the exclusion of @ question toa pro- | posed jnror ag to whether he wonla attach the | fame consideration to the defence of insanity as any other defence. This question was raled ou although the same had been asked before Jud; Brady tn homicide cases and allowed. Another unt raised was the exciusion of a question to a Witness why he avoided the prisoner, the object of | the question being to show that the latter had pre- viousiy drawn a pistol on the former, and that this was the cause of his avoiding him. He insisted that this was a question of {act bear- ipg on the defence of insanity and there- | fore should have deen allowed, Another | exception was the exclusion of a question | put tothe mother of Mra, Templeton, going to | show that the prisoner's wife had in her posses- gion a pistol. He aiso dwelt upon the exception raised as to the exclusion of testimony going to | ghow that the wife of the prisoner fold him when | they met in Fourteenth street, “My pretty face ean bring Me more Money than going tg ive With | que ‘as tthe snooking followed immed: y remark; that vo this time the prisoner had supposed his wife to be a ure and good woman, and Wien these words fell ‘om her lips bis mind became deranged and that | while suffering from this temporary delirium he | ed @ pteto! at her. Cousiderable stress was aced upon the exception to that portion of the Recoraers charge in Which he told the jury that the testimony of the medical expert, Dr. Clymer, | should not weigh at all with them, and that they | ‘Were as competent to decide upon the question of | the prisoner's insanity as toe doctor himself, A strong point made was the refusal of the Recorder #0 charge, as requested, tue defluition of insanity aa given by Chiel Justice Denio. , Rollins, Assistant Distniet Attorney, repiled o At length to the various points raised by oie | oner’s counsel, He claimed that none of the ite were well taken, that the trial was a fair nd impartial one, that no legal evidence was ex- eluded, that the Recorder's charge was most just and equitavie, that every legal benefit was ac- corded to the prisoner and tua! his conviction was a righteous veratct. At the conclusion of the argument Judge Law- fence took the papers, reserving his decmion. A REFEREE’S SCRUPLES. Lawyers are, as a general thing, bungry after reference cases. They are the crambs from the yadicial tabie at. which they snap with canine | rapacity. It 1s very rarely a referee resigns. An exceptional case presented Itself yesterday in Bupreme Court, Chambers, before Judge Law- renee. Esther Livingstone bas instituted a di- vorce suit against Louis Livingstone, her has- band, charging him witn adultery. This charge is @enied, and, }ike many divorce suits, is supple- mented by a similar counter accusation against the wife. “As usual, In these cases, the matter was reicrred to a referee to investigate the facts and report the same to the Court ior Mnal adjudi- cation. Mr. George W. MacAdam was appointed such referee aud @ day named for commencing the examination Of witnesses. Accord to the 4 atatements of the reieree, as set forth by ooiey, the plainti@’s counsel, the former was been approached by the iriendts of the de- fendant, and on this account was anxious to be relieved trom his duties as referee. appilostion was [apa ef made for an order to show cause @hy he should not be relieved. “It the referee is pot man enough to do bis dut abeli not help him,” said Jndge Lawrence, an then added, “He can resign if he likes; bat 1 sennot allow sucha pics to ve entered on the records of the Court.” A QUESTION OF PRACTICE. f™ the suit of Knoepel vs. The Kings County Wire Insurance Company and Trask motion was wade in the Superior Court fora referee to take | Mr, Trask’s testimony, to be sod on a motion. In | inilar cases, some time ago, Judge Cardozo de- | a8 that this might be done, and Jndge Barrett | jeg the other way. To-day Judge Spier de- | cided, denying the motion on the ground that this | examination could oniy be sustained on the 40ist | Section oft ignth chapter, wbicb chapter treais | Of the examination of ower than parties to the | euit. SUPREME COURT—SPECIAL TERM. | Decisions, Ry Judge Lawrence, wey Ve. OCONCaD.—Motion denied. Boore ve. Carpenter.—Monion granted, with $10 Coste, Bopper rs. Hopper.—Memorandom for connsel. | ip the matver of Nicholas Curisty.—Memoran- : Anierson, &¢., ¥#. Anderson.—Granved, Vermitye ve. Poet (two motions ranted, Lackmeyer ve. Lackmeyer.—Relerence ordered. Doty va. Power.—Motion denied, with $10 costs. Mutaai Life imsurauce Company vs. Smith.— Grane. ‘Well va, Bongert.Granted ; receiver appointed. Levy ve. Grifin.—Motion denied, with $10 costs, Hovey vs. The Rubber Tip Pencil Co ny.—Mo- Mon granted, with $10 costs. be Vs. Beach.—Motion denied, with $10 opie ork ve. Griscom.—Report of referee con- prmed ond je Agmen' tor plain tif Shaw an eox Company ye, Conkey.—Mem- erendoem ior counet. Winchell va, Winehell.—Granied. Beaver vs. Moore. —Molon deal ‘tim ve. Tw. jouen to Brive and vertain, Granved SUPERIOR OOURT—SPEOIAL TERM. 1: $10 costs, anewer more de opmion). By Judge Spier. i. Kooepel ve. Ki coonty Fure Insur- The order heretotore made herein, take the aMdavit or depo. Alanson Trask, & party to | aed and wet aside. See Stanton Barrand.—The » ft af bas bot m ‘O HIME! Ghd the be ormmey with Bad- Borse et al.—The re graated io rr 1 OOMMON FLEAB—SPRCIAL Tham Der istone. By Jodee Van Bron Rheehan ve, Ward o\ a).—The Feopie " Wem, Tor Peope 4 *. (anmos.—* « et a—> ve. mmen. —Durie vs. 6 oa reudun SUBROOAIE'S COURT. Milee Ptalegrat’s wri. wise Pietceral an old lady © wrenty years Of age, resided at West Murmes at tee ime of her Geath. Sve ed On the HTN OF March, 1974, leay- dog real estate to (he wave of be en $6,000 and 200% siivaced on whal Is wew called the | a bench in Washington Parade Ground, pleaded | i Larceny of a Watch. NEW YORK HERALD, FRIDAY, JULY 10, 1874:-WITH SU. Boulevard county. | ai not Bowever, and the accused was a) et ‘Weatenemer 44, not appear, conned was the will it im such cases, and it should be the duty of the ve Potice to see twat compisinants of this Kind come Sevisce Sperete ad- to court, 3 as tor | OQOUBT CALENDARS—THIS DAY. few. bandred fo her mentews “and | Scrnexe Covar—Caamazgs—Hold by Judge Bieces, the following, to wit:— For wie ser. Law 08, 35, 9b, 99, 104, 4 161, 182. Vices rendered to me in my lifetime in atiending = ‘RT— Part 1—Held by Judge McAdamn.— | to my Duniness, and to m for his Services in Nos. S911, 5912, 5823, 5583, 6469, 5508, 3337, 6265, | Zee thy eatate alter iy dea. Jute pres. Sen SOE, COR, SET SOR Sy Haeys Pony See oD, cally inert ews and nieces, 3 ¥ ve everyt hit 43 Biren as her executor, Count OF GENERAL SEssions—Held by Jud, fr said friend and adviser, Samuel M. Purdy, | Satheriaod.—The Peopie vs. James McGuire, rob- Tt appeared from the evicenee taken on the pro- | bery; Same vs. Louisa Lawrence and John Daley, bate of the will that the testatrix was over ronvery; Same vs Bartley Cronin and Felix seventy years of and very infirm from age | Rooney, burgiary; 4s. Henry Jackson, bur- that she had become indifferent to even | gar Same ys. Daniel Cronin, John Dunn and her pereonal condition, Whether she was cleanly ey ye Honious assault and hmong Same or filthy; tl she did not distinguish betwee: Mulligan, alias Rosanna Elmore, breakfast and dinner, and called one for the other; Same vs. Thomas Collnm, gran vs. Charles St. Clair, grand lar- that for several days before her death, inciuding me vs. Jane O'Nenl, grand larceny; Same | the day the will was signed, she made 00 inquirice Cen, v about or in respect to any subject. | Vs Joan O'Brien, petit larcei On the cross-examination Of Wiley, one ofthe | subscribing witnesses to the will, it appeared that he was not requested to sign the will as& sub BROOKLYN COURTS. scriping Witness; that the testatrt when asked | by Mr. Purdy (who drew the will) “Do you ag s 5 aaa on ary Term— Knowledge this to be your Laat will and testament, "’ made no answer in Words, but nodded, abd that The Tax Office Fraud Case Terminated— The Judge's Charge. be vin not read at ies me it wen one = t further ared the wile of one n0- seribing witnesses, who seemed to. have the only | Befure Judge Daniels and Associate Justices Voor- Tecollection of what occarred, got $100 under the | hies and Johnson. . . s Pi re Ser mee toten ee een eet, sepreton About ten o'clock yesterday forenoon the trial before tne Surrogate by Judge J. A Boswort: 4 | of Captain Adolphus W. H. Gill, ex-Assistant Col- Edward F. Brown, the executor by the ex-District | jector of Taxes and Assessments, of the city of { SATO ORS eo eeae raren Lge Brooklyn, who waa indicted for embexziement of | 3 fused to admit the will to pro- | pares paren * the public money, Was resumed before the extra- RAL ordinary term of the Court of Oyer and Terminer, GEN AL _ SESSIONS. Judge Daniels and Associate Justices presiding. Grand Larcentes. The attendance was uot large by any means, Bejore Judge Sutheriand. though it might have been expected that a case In this court, yesterday, James McHugh, who | involving the morality of public ofMfictal Iife, at this was charged with stealing & gold watch from | particular epoch of regeneration and reform, | Pheron A. Bingham, on the 4th of June, pleaded | would have had the effect of filling the spacious gulity to an attempt at grand tarceny, hal of jastice to repletion, Among those present William M. Taylor, who was indicted for stealing | were prominent Coroner J. B. Jones, Captains Mec- . parse ane vaaee, be BB — pe igctoh 3 | Keller and Meeks, ex-Collector Driggs, I. Badeau, 670, the propery. ' 7 | Jr, on of the indicted ex-Collector; ex-Alderman guuicy fo an attempt, The property was Fe- | 1 gs, General Jordan (tho faithful friend of the |" dnese prisoners were each sent to the State | defendant), ex-Judge Troy, Colonel Joho R. Fer Prinon for two Fears and six MODUDS, ted for | 10Ws Theodore Tilton, Prank Mallixon and others, from Mathias Froslich, ag he | was walking through Sullivan street, at two o'clock | in the morning. | The Jadge asked the prisoner why he went by | the name of Red, when be replied that he sup- | posed it was because ofthe color of his hair, which was of a flaming red color, He was sent to the | State Prison for ive years. Forgery. George S, Smith pleaded guilty to forgery in the | fourth degree. He was charged with forging an | order on the 9th of June for the payment of Ub, directed to A. Muller, and purporting to be éi ned by Winters Brewy. Larcenies from the Person. | Thomas Jones pleaded guilty to petit larceny | from the person, the indictment charging that on | of Mrs. the 1st of this month he stole a pocketvook con- Ls M. Stroud wi ue ER Ie leg : ae were in the handwriting o! witness, Flanigan and Joun Williams, who was indicted for stealing a ; Keenan; did not see any money taken from the cketbook containing $9.00 the 1ath of June, | reer o Mr. Gill; there were three clerks in the cashrooni. 3 m the person of James O'Toole while sitting on | John P. Keenan was a clerk in the Tax Office in 1872, but aid not rersenet ne seen Fie ma a ‘Ther nt to the St: mestion, At this pot sides rested, an Praca tor Tmo gEase tes a { eneres lip Ue renewed the mao ten Sea we yn the group hat the prosecnts vi cuciaairenes. tte ate Liberte ead other proo! than that the offence was committed by stolen a bale oftobacco worth $80, the property | one o! several persons, and, not having proved . | Which one, there could be no conviction, GA ee <a aca bert aoa The motion was overruled by Juage Dantels, and {he counsel proceeded to sum up Jor the defence, Am Assault. | commencing 8 little before eleven aud closing at Hannah Lawler was sent to the Penitentiary for | fifteen minotes to one. He dwelt upon the fact | nine months upon a plea Of assault and battery. | that the proot to bie ae his oy ene ate if remove a reasonable doubt at | On the 224 of June she struck Sarah Sharity with fo “Committ the handle of an axe. intellectual treat in store in the summing up for the deience and prosecution. General Tracy and P. Keady appeared for the defendant, and J. Van Cott, J. Moore and Levi Faron for the people. The District Attorney, Mr, Winslow, was also present during the aiternoon, The prisoner gat by the side of his counsel, and most intently watched tne rogress of the case upon which depended his | ture weal or woe. He was frequently approached | by acquaintances, who shook him warmly by the | hand, and he returned the grasp with equal | | Warmth, | | ' On the opening of the case John Brady, aclerk | im the Tax Oftice, was called by the prosecution ior | rebuttal testimony. He did not remember the bill | Bachias being handed to him on the 18th of | September, 1872, nor did he take or see any other | clerk in the office take money Jrom the till on that day; all the entrics on the tickier of that date | Jitw to an attempt at grand larceny. he ‘committed the crime. There was, he contended, a strony case of probability that some one of the twelve People employen trom. tme to | time tn the cash room took tat moncy, but there Another John Willams was tried and found | Wie'no particle of evidence that Gilt, of any par- | | gatlty of grand larceny. The complaining witness, | ticular person, took that money, Tne taxpa, | migit have pald ft to any person she might have toet but for the evidence of the bill, There wae | Deidrich Mahnkan, residing at No. 112 Onrystie sereet, stated that.on the morning of the 27th of | nothing to show that Gili received the money. June he left a saloon at the corner of Spring street | Gill, a subordinate for twenty years, knew how and the Bowery, where he saw Williams, who, with | money might be taken and never missed, He a companion followed him to his own door, While | handied from $6,000,000 to $10,000,000 a year, and i it Was Dot provable that he limited bis abstrac- | | ne was in the act of putting his tatchtcy inthe | tions to sivz, He dwelt upon the wnbienusied | ola apd cnateched his ailver sare i} | door hel biny character oj the Captain, end eloquently appealed | worth $40, which fell on the sidewalk. He pursued | tythe jury to acquit the prisoner. | them, and a policeman seeing the chase jomed in | “Mr, Van Cott summed up for the prosecution, | | sv and succeeded in catching Williams, The com. | commencing alter the 1 | plainant waa cross-examined at great length about | fore one o'ciock. The cou ow many glasses of lager he drank, and created | mony in a most exhaustive manner and ieaping | considerabie merriment by repiying to the counsel | heavily upon the prisoner. He argued that the that he “drinked’’ the lager, but not the glasses. - | testimony all went to show that Captain Gill had | _ Wilhams, in giving his version of the affair, ad- | abstracted the amount alleged in the bill of the | Initted that he met the prosecutor in Riley’ssaloon, | widow Bacias, $192 65, ‘and concluded by urging | and that both drank several times and Were very | ypon the jury the necessity of malataining the in- much under the Influence ot Nquor, especially the | stitutions of the State and nation by grappling complainant, and that he was seeing him home, | with immorality wicrever met. @nd when they nearly reached his domicile a man Judge Daniels then proceeded to deliver the | Came up and snatched the watch. The police oM- | charge to the jury upou the law under which the cer contradicted the prisoner by saying that he | gecused nad besil indicted tor embezziement. He riectly sober when he arrested him. et was mn brief reviewed the testimony, which showed Williams admitted to Assistant District Attorney | that the amount charged to DAYS. been embezzled Allen that he was sent to the State Prison for four | was never placed to tie credit of the city. On ihe years aud six months for stealing watch under | part of the detence tt had been claimed that it was | the name of Curtis, and that when he came out in | not clear that tie defendant took this money. It March of this year he became @ conductor on the | was shown that a large number of persons had | Third Avenue Railroad, and afterwards resigned. access to tiis mouey drawer from which the money The jury deliberated for afew moments and ren- | was taken. The question will arise whether a per- | dered a verdict of guilty of grand larceny from the | gon, if ‘aisposed, would have been ‘able to | person. The indictment charged jarceny in the | jaye taken this’ precise sum of $192 65. It | night time; but, asthe policeman swore it was jg so tuprobable that these matters are | | four o’clock in the morning and it was light at the to taken into consideration in the time, the aggraveted part of tne allegation could | . Thetime of day at which Mrs. Bachia’s | | not be sustained, the punishment of which is ten | Sh eeeoasn wecoer to be taken into canna } | yearsin the State Prison. Juage Sutherland m- | tign. she nad testified that in consequence 0: an | Posed the most severe penalty that he had the | accident to the cars on which she was travelling | cy a to award, which was imprisonment in the to the Tax Office she was delayed until after the tate Prison for five years. close of business ior the day, which is at two “Constructive” Larceny. | o’ciock. She knockel at the door, was admitted, ‘The next case tried by the jury wag acharge or | Z8ve ue bili to a saort man, who rece:ved the | 1 money, Stamped it and returned it with the re- | what lawyers cail “constructive” larceny, the ceipt of Mr Gul. ‘Shoula the Jury be satisfied that | | | alleged culprit being Wullam W. Thompson. It | the money was received by the delendant | | i or some one of the three clerks in appeared from the evidence of Daniel A. Taylor, then they would be limited in | s, the office, who resides at No. 468 Washington avenue, Brook- | their evidence, i lyn, that his house was enverea by burglars on the | but that it was paid into the office and nu |pro- 20th of January last and a watch, a diamond ring priated by some person. The fact that sig- Tt was not seriously controverted | Yants a1 | the Honse of Remge. and Bg of hatr jewelry, the Sagrousss | at 61x | value which being $600, were taken; Gays after the burglary Thompeon called at Mr, Taylor’s store, in Walker street, and said that he knew where the goods were which had been stoien from bia house, and that the ring and watch were awned in Siinpson’s establishment; that if Mr. Re ior Would give him $40 he would procure them. Believing his statement Mr. Taylor accompanied him to the pawnshop, when the prisoner said it would not do for him to go m, but he would brin it out. The greenhacks were deposited in the band of Mr. Thompson, who entered the shop, but found it convenient not to make his appearance again at that entrance. Alter waiting patiently for three-quarters of an hour Mr. Taylor discovered that the prisoner passed out Of another entrance, He learned in May that Thompson was arrested upon some charge, and identified him in the | Tombs. Counsel called no witnesses, out claimed that the evidence falied to establish the crime of grand larceny. Tadge Suthertand held tbat the Court of Appeals had recently decided that upon the state o! facts roved in a case similar to the one on trial the of- fence Was larceny. When the jury had retarned a verdict of guilty Mr. Allen informed His Honor that Thompson wae put in tne Tombs on @ charge of obtaining a large amoant of money irom a mau on pretence of find- of @ burglary. Judge Sutherland tmposed the bighest penatty, ~~ was five years’ incarceration in the Staie ison. Robert J, Love pleaded guilty to pers @ slung. shot in his possession on the Fourth of July. He Was remanded for sentence. feorge Funke, who was charged with burgia- | Thously entering the premises of Charles Thompson, No, 6y Ulinton street, and stealing aring worth $10 and $4 1n money, pleaded guilty. As he was ander sixteen years of az An Acquittal. David Miller ond William J, White were tried anit acquitted of an attempt to steal a watch and chain {rom Samuel De Wolf on the 25th of June, FIPTY-SEVENTH STREET POLIOE COURT, A Brute Who Kicked a Woman. Before Judge Sherwood. Nicholas Rose, of No, 485 Fast Elgiteenth strect, charged Michae) Garrett, of the same piace, with an as*auit on Mrs. Rose, whom joked mm the abdomen, A certificate was prodaced i Court from Dr. Campbell, of No, 314 Kast Righteenth street, showing that Mrs. Rose's injuries may prove fatai from the fact that she Was in a deiicate condition at the time of the assault, The accased tl @ young man, about six t Mgh and stoutin proportion, and the very contemplation of au as. sault by Such @ powerlul man ob & Weak Wooian caused the Court to exclaim that he bad never before seen a greater brute in human shape. rhe prisoner hung = his head, admitted that he bad asrayited tno woman, and supposed he showd suffer for it, He also admitted having boen before 118 Honor on two ycoasious at Jeferson Marke! not long ago volng drunk and disorderly. On the present charge le wat committed to awatt the result of Mrs, lose’s injuries, The Hamilton Park Outrage. Jamoe Rethy, of No, 24 Second street, was ar- raigned reed with an indecent assault on a young Woman named Mary Crowmulier, at Hamil- | ton Park. at vivcaty reported in the HemaLy, She | | ing for him a lot of diamond jewelry, the proceeds | | | the Court sentenced him to nature was attacned to the bil is very cogent e1 dence thet be was tieré. When lie received and | ' counted the money It Was his duty to pass it over | to the “‘tiexler’? book clerk. Si he received the money, and no otter person, then the circum. stance is to be consideres whether he detained it | or not. The Judge charged that tf tne jury found that Gul had taken the amount of money and applied it to his own use, Jet nim have been hover so faithful a public oMeer theretofore, the jury were bound to find a ver- diet of guiity, Previous good character did not exonerate a man for violation of the law and sheid him from the pumisimeat due for the offence. | Even collusion with others in taking this money would in no way exonerate the prisoner, because, . | should the others have committed an offence, the | pubic could proceed against them individualty. General Tracy then suomutted a proposition for | the Conrt to charge to the effct that, no matter | | how conclusive the evidence may appear, even @ witness may be mistaken, and the previous char acter of the accused is of weight in considering a verdict, The Court so charged, and the jury re- ured to deliberate. | BX-TAX COLLECTOR BADEAU, | Did He Wiltally Absent Himself from Trial!—Strange Narrative of the Dis- trict Attorney's Detectives—Porfeitare of Bail Moved For=—The Motion Denied—The Case Goes Over for the ‘Torm. } | No sooner had the jnry in the Gill case retired to | deliberate (han a genuine sensation was created | by Distros Attorney Wmslow, who, addressing the Court, moved that the case of the People vs. Isaac Badeau be now called for trial He said, ‘Your Honor will recollect that on Tuesday last the physician of Mr. Badeau | Stated before the Conrt when the case was calied | that Mr. Badeau had gone out in the country to | | Lake Mahopac for the benefit of his health, which | Was represented as very deiteate. Iwas deter- | mined to asvertain for myself how far he was de- | bilitated and what were tne obstacles to pis ap- pearance for trial. 1 therefore sent two oMeers | (detectives) to Lake Mahopac to learn the where- | | | abouts of Mr. Badeau, his manner and habits, and | such information as IT deemed of value, I) ‘have here two affidavits from the oft | cers.” The District Attorney then pro | ceeded to read an afMtaavit from Police | | Detective Billy Polk. Jr was therein set forth that | on Wednesday, the Sv imst., deponent visited Lake Malopac fo ascertain where Badeau was so | jonrming and whathe was doing. While on the cars journeying to Lue Jake, and When about seven miles therefrom, the oMcer met one John Hazleton, Who suid he Was a vrotber-in-law of Mr. Badeau, and thet the latter gentleman had been stopping at Red Mills, Ciree inves from the lake, at a farm- house Kept by a Myr. Stosson, On Friday last Mr. Sadean, in company witn his wife, had leit there, pnt nobody knew where he had gone, Hazleton said that tadewu appeared | to be weil, and seemed to be nighly amused at the roporte circulated as to iis being confined to bed | by sickness. Oflcer Falk visited the Slosson farm, | and there saw two young girla, wno told him | that Mr. Badeau had goue away and would not be home jor a week, Mrs, Slosson did not know when he would be home, The Postmaster at said place had seen Badeau riding out, im seemingly good health. Omiver William Binney. pt the District attor | Isaac Henaricks, Jacob we | who "9 om jetaile that he met Dr’ Crosuy at Lake 'Mabopac, who knew Mr. Badeau; be bad seen him ing’ out In it ood health, Kinney hed’! Jearnea that Bedeau le to Usnada. He had heard at the Slosson to house that the ex-Collector had said the voarding of Brooklyn were bothering him very pce and he did not know when be should re- District Attorney Winslow said, addressing the Court, that it appeared to him that the Doctor yea not acted in good faith in his vit the other day, when it was set forth that Mr. Badeau was at Mahopac, and he felt that they were ony Scing their cate when a moved for the forlelture 0! the bail bonds of Isaac Badeau, he having been called and having failed to a: for trial, Colonel Fellows, counsel that “spirits might at this Janeture and remarked be called up from the vasty deep,’ but it did not follow that they would come. He didn’t under- stand the District Attorney as moving the case for trial, He understood that the case should stand over until disposition had been made of the Gill ase. Judge Daniels said he understood that the physician had said that Mr. Badeau would not be able e bear the fatigue of a trial for two or three moni Colonel Fetlows said the extraordinary amda- yits just read are largely a tissue of falsehoods. One of the detectives went to the lake and was fortunate enough to meet a man who said he was ® relative of Badeau, who told him a story which the detective accepts as true in every respect, and details, uncorroborated, as such. Why not have sent a piysician t T venture to say the officers heard no such statements as they make. The detectives have failed to discharge their soe. and there seems to be no reward leit for detectives who per- form such duties as that but to have them ap- pointed Police Commissioners in New,York. The medical adviser’s afidavit was made June 30, and at that time Mr. Badeau was at Lake Mahopac, he having been advised to take two or three months’ rest. He had been urged by his physician to go further north, where there is a dryer atmosphere, and it was in accordance with that advice that he Jeft the lake region. Counsel read the record of the Court in the case in June last, and rebuked the District Attorney for his {mpntationa touching the lack of good falti on the part of the physictan or the counsel. Judge Daniels dened the motion for forfeiture of bail andordered that the case go overto the Court of Seasions. This action disposes of the case until September, Mr. Badean, against whom there are two indict- Ments pending, {§ under bal to the amount of 50,000, THE WORKING GIRLS’ PICNIC. pa eR ah ae A Steamboat Trip d a Tumble in the Waves at Rockaway for the Working Girls. it has long been held as an axiom that “all work and no play makes Jack a dull boy.” This holds eqnally good in reference to Jill. Soctety in the me- tropolis begins to comprehend that there are worse things for the laboring classes than to enjoy a day's pleasure, combined with an unusual supply of outdoor air, sea breeze, or even a sea bath, with the excitements of sweet music and genlal com- panionship. This treatment has also been found most beneficial for children of the poor classes, some of them sick, and all of them pining for want {pure air and cheerful, healthful surroundings. one seem more apt to be benefited by such aid than the hard worked girls of the cify, either stitching for a livelihood with the sewing machine or engaged i stores or nope. or employed as domestic servants. To aid this large class and heip ine to make themseives useful and Tespected members of the community 1s the design of the free training schools of the Woman's Industrial Association ar No. 47 : East Tenth street. This organization doving a | little more than a year has had under its cure | nearly 3,000 women and giris. Its aim js 80 to in- atruct each person that sie may in some branch of Wwoman’s work make herself useful to those who require labor in that line, to teach her to do some one thing weil. It thus teaches cookery, washing, ironing, Clear starching, housecleaning and care | of rooms, machine seeing, embroidery aud various | other branches of labor which are in coustant de- | mand. The design of its managers is, as much ae | possivle, to teach giris to be competent house ser- iid to place these where they will be well | treated, respected and kindly as well as honestly | dealt with. Many girls who were willing to work but who lacked the requisite instruction have been ¢ T | carefully trained in this excellent institution and then taken good places in the couatry, where they 4 are earning good wages, contented and nappy. Many hundreds of others have learned to operate on serine ane of which the assoctation have sixty tn the house, and by their superior workman- ship the managers find for them frst rate situa- | tions, where they command permanent work and good pay. There are now under tuition af the rooms a large number of | ‘iris, some of them lodging in the house, ut the majority coming in only for their day's | work. For this they receive while under instruc. | tion full pay, All these women, those who have found places and those awaiting them, consider the school a home. To it they come irom time to time for aid in procuring new situations, tor | counsel in various matters, and to tell 0: their suc- cess and the happiness of finding themselves self su. porting. . Tue tadies who have this institution in charge | think it wouid be a most valuable thing for these , Ht if they could, to the number Of 500, be given a jay’S Sail, Say to Rockaway beach, and a general health-giving bath among the gentle billows of that | charming spot. They desire to do this in the latter partof this month, and belleve that !t would in Many ways greatly benefit the poor girls. But to do this requires a smai! donation of moncy. Are there not among our generous citizens enough , who would consider the advantage of these needy, industrious women a tull equivatent for tae money the trip would cost? The lady managers of the training schoo.s hope and believe so. Tuey would be glad to show any woo take an interest in chari- | ues and im the goctal welfare of .a | nd most interesting section of society how this association Works for these ends, And they hope that they may soon be able to announce to these hard work- ing young women that charitable, noble hearted iriends of thelr class bave provided the funds for the working girls’ gala day. THE HEBREW CHILDREN'S PIONIO, Another Gala Day for the Little Ones— A Pleasure Excursion to Raritan | Bay. Yesterday the annual plenic excursion was given to the children of the Hebrew free schools, | the Union Home and the Hebrew orphan schools, At about eight o'clock in the morning the barge William Jay Haskett, alter calling at the foot of Seventy-ninth and Eighth streets, was speedily | very well fijied with the children and their friends. From the free schools there | were about 360 children; from the Unfon Home about 10), and from the Orphan Asy- | tom 168, The destination of the party was Myers’ | Grove, Raritan Bay, a vory delightful and suitable | piace for picnics of this character, though probably | mvolving rather too tong a sail for such youthful voyagers. The eifect of the sea air and the motion Of ihe boat were speedily perceptivie in many of | the children, Suierers trom sea sickness were many, dnd though, doubtiess, all the littie suferers | will be all tie better, bodily and mentally, for the short aMiction, yet {it somewha impaired the pleasure of tne wip. Ond the arrival of the ea 4 plentifol supply of milk and cake was provided, of which ali partook neartily, Games of an almost endless variety were indulged in unt three o'clock, when a@ return to | the boat was ordered. The children were aengoted with their short rural experience, and made the most of every minute they had to devote them- selves to their sport on the green sward and underneath the shade of the leafy trees. When the barge had julily set on its way homeward a bonntiiu! dinner was spread tor the little ones and their friends, and the two hours’ play had given them a keen appetite ior the array of creature comforts that met Lueir delighted eyes, ‘The party returned to the city about seven o'clock. ‘The arrangements were under the direction o the following cOolnmitice:—Lewis 8. Levi, chairman; | KE. R. Cusp, A, Vetanger, M. wh, RT. Carou, Same} Solomon, Heary Solomon, Fred. mon, Isuacs, Marks ttovhs- chil, 4. T, Meyers and Dr. 8. N. Lao, The toliow- Ing ladies kindly gave their assistance to the com- mittee :—Mrs, P. Frank, Mra, Gerstle, Mrs. Zucker- | mann and Miss Leo, TRAINING SCHOOL RECEPTION, Jest nigot the regular Thorsday evening recep- tion of the Free Training School of the Ladies’ in- austriai Rdncation Association attracted @ fair a tendance at the house of the society, No. $7 Bast | Tenth street. The entertainmen’ embraced fine music—voeal and ins'rumenta|—recitations, read. {nga and short conversational talks on pi topics of spec be apecial beneficiaries of the aseor require esther manwactaring Jabor, The parlors were weil filled, an Who inapected the premises @ first time the objects of the imsuttion and its Methods of operation, Were highly pleased Lhere- with, ag were all With the evening's enjoyments, | THE PIRES OF THE MONTH. The fire Department report 129 fires for the month of June, 1874, involving a lors of §16),554, on which there was an insurance Of $485,175, Loss on buildings, $34,550; insurance, $205,100; juss on stock, $129,005; insurance, $290,075. The o of uninsured loss was $23,906, of Which $22.7 ‘on stock, There was 15,50 per ee sand 1.35 per cent greater joss in June, 1874, Wan e n- tr dune, 1874. Jone 16 William Konner woes dicted tor arson for having, a8 alleged, to the property of Lonis Picus, No. 08 street, on the sth inat., and on Sune 19 he pleaded guilty to araon In the tonrth degree and wea sen fenced to the State Prison for the terme three toads bY Revorder Mockery ‘ PPLEMENT. | mon Connell, Who bas been delogated by the Alder. | , lor, Alderman Falconer, “went back om him,’ he MUNICIPAL AFFAIRS. Oe Len inate BOARD OF ESTIMATE AND APPORTIONMENT, The Cemptreller om the Rampage—Busi- nese Subject to Rules. All the members appeared promptly at the ad- journed meeting of the Board of Estimate and Apportionment yesterday morning at half-past eleven o'clock, President Wheeler, of the Tax Department, as Secretary of the Board, read the lengthy minutes of the previous sessions of June 27 and 29, when the tax levy was acted upon, dur- ing which the Comptroller remarked that it seemed Superfuous to state that questions were decided by “a vote when two voted in favor and two against @ motion.” Mr, Wheeler answered that no motion in this Board could be decided as carried only by @ concurrent vote, except the feaue of bonds, whieh required three voices. The above were duly approved. On the adoption of the minutes of the soth alt. the COMPTROLLER moved that the motion lay on the table, which wad finally so ordered. Mr, VANow stated that this meeting was calicd for the sole purpose of appropriating funds for the Excise Commissioners, Mayor HAVEMEYER read a letter from Colonel Stebbing, President of the Park Commiasion enon has been published in the Hemaup), upon The COMPTROLLER sald that the employés of the parks were actually suffering. Their payrolls can- not be made out. This is the third letter, Mr, Stebbins has written to this Board asking to re- lieve them of the embarrassment to which the department was put by placing the restrictions upon the commission as made when passing the appropriation in the tax levy. Mr. Vancr made some remark that the action of the Board had been proper, and he was willing to learn what ought to lone im ve Matter, The COMPTROLLER replied, “Tnose who engi- mesrad this ousiness should suggest some rem- edy. Mr, VaNcH—The Law Department is organized todecide upon such questions, | am iniormed | that the President of the Park Commission ‘as ap- plied to this department tora cecision, which, in my opinion, is his only plan of action, Mr, GR&EN (sneeringly)—Do I understand the gentleman to Say that, Ven a3 this department 1s idly embarrassed, that the only response we ob- tain is, that i! anything wrong 13 mserted in the budget the Law Department must take it out? ‘The subject was bere dropped. Mr. VaNcr handed in a communication from the Secretary of the Brooklyn Bridgé¢ Company asking for the tenth instalment of $150,000 due from the city, which was read and laid over until the next mceting. ‘The amount of $47,500 was then appropriated for the salaries of tne Excise Commissioners and their employés, the amount to be paid out of the funds received by them for licenses, by a fuil vote, The COMPTROLLER read a long series of resolu- tions Genouncing the issue of bonds, the prosecu- | tion of improvements on the boulevards and other | departments in general and the Department of Pubile Works in particular, which gave rise to an | animated debate. | Mr. VANCE considered that, as the subject of | | {hese resolutions was not mentioned in the call | for this meeting, the Board could not act upon tiem; he therefore moved to lay them over. Mr. GREEN suid that these resolutions came up as “virgin” matter, and that he had other resolu- tions to offer for the issue of bonds with which to pay of judgments agalust the city. Mr. VANCE objected to the conéideration of any- thing outside of the special business ior which | this meeting had been convened, } Riv. GREEN moved the adoption of the resolu- | th i on. Mr. WHEELER read the following resoiution, adopted by the Board June 23, bya unanimous vote :— shall be convenet apon noties Ir eight hours, served personally upon each momber of ti Board, and that such notice shuli specify ihe busines for the considerstion of which the mecting is convened, | and if for authority to issue bonds that a copy ofghe requisition of the department making application’ tor such issue and @ reference to the laws or ordinance which authorize the lesue avcompany the same. Upon which he said, “Mr. Chairman, under this ule the Board cannot act upon the Comptroiier’s | resolutions. ? ‘The Mayor seconded the same, and stated that it was within the province of the Board to receive | the sane, i Mr, GREEN (to Mr. Wheeler)—You may vote against them orf say you will, Mr, Vance had no objection to receive the reso- lutions, let them be printed in the minutes, or | ‘nat the Comptroller shall give notice that at the hext meeting ho will offer them. | ‘The CoMPTROLLER thought that it was within the | province of the Board to suspend the rules, and he | moved the adoption o! the resolutions. * Mr. WHEBLER— Either the ruie adopted means something or nothing, and the only way to get, around this thing 1g to suspend the roles, We in- sist that the order o! busiless shall be cBnducted under it until rescinded. Mr. Vance again objected to receive the resolu- tions, when the Comptroller foided the paper, Placed it ia his pocket, and announced that he nad withirawn the document. He, however, gave no- | tice that at the next meeting he would call for an issue Of bonds amounting to $150,000, to replace those falling due July 16; also for $41,000, due for judgments against the city, tor whieh the Sheriff might levy at any moment; aiso for an aggregate Of $60,000 to pay judgments on Westchester tore- closures, He sald he would like to have thts mat- ter acted upon to-day, but, as there were objec. tions, he supposed it wouid have to go over to the | next meeting. ‘Tne Board bereupon adjourned, to meet at the call of the Chair, COMMISSIONERS OF DOOKS. A Statement of All the Wharves and Piers To Be Furnished. The Commissioners of Docks, at their meeting yesterday afternoon, passed a resolution inform. | ing the Commissioners of the Sinking Fund that their request for a statement of all the piers and wharves belonging to the city, and also of ail the works in process of construction, would be com- pied with without any delay, Another resolution Was passed directing that ‘o. 54 North River be leased at public in year's to the highest bidder. ¢ Superintendent of Docks was requested to report what property on the Harlem Hiver and Spuyten Duyvil Creek was being filled in or re- claimed, and to strictly enforce the rule requiring that vessels discharging sand should have @ tarpau- Mn stretched from their sides to the bulkhead. The owner oj the northeasterly half of pier 23 | East River was notified to pay over hall of the amount of wnarfage received by him {rem vessels Occupying the outer end of the pier, and Collector | Ramsay was directed to collect this amount in the | {ature irom all such vessels paying over one-half | to the owner. Superintendent Turner was instructed to repair the damage done to pier 11 North River by the | canalboat FP. A. Sill. adjourned, The Commisstoners th THE BUREAU OP COMBUSTIBLES, | seme | Jt Is stated that owing to the reduction made by | the Board of Apportionment for the Bureau of Combustibles under control of the Fire Depart- ment, the Commissioners will be compelled to dis- | pense with the corps which has been the most use- ful in the city, The Hcensing of selling kerowene and gunpowder comes nader this burean, from | Which the widows and orphans of deceased fremen derive ap income of $49,000 per annum. sioners had curtatied their estimate to the lowest Agure. When the reductions are made it will be better to commence with the high salaried officials and keep the nsefnl staf employed, Otherwise it will be all generals ana no privates, COST OF THE BOULEVARDS, | Commissioner Van Nort has transmitted to the | Board of Assessors the certificate of the cost of | the regulating, grading and superstructure of the | Boulevard trom Filty-ninth to 166th street, amounting to $2,481,021 45, of which amount $2,262,480 12 was expended under the direction of the Commissioners of Centrai Park and the De- partment 0} Pubic Parka during the connection oi Andrew H. Green with the Park administra tion ae commissioner and executive omer, and only $219,035 33 under the Department of Public Works since the transfer in 1872. ‘his work was laid out a Mr. Green ander @ special act of the Legisiature of 1865, passed with his approval, and of the un- necessary width of 150 feet, thereby imposing upon the city for land acquired a permanent debt of $1,006,609 72. Under tuis act the city 18 also re- nired to pay one-half the cost of construction, 1,240,760 73, thus making @ total permanent debt On aCCOUDL Of {His Work Of $2,807,380 45, ‘The coat of the Telford macaaam roadway in $4 99 per square yard, while a similar roadway on Se th a’ jatd under the Department of r Wor t only $4 65 per square yard, or twenty-seven per cent less, CITY HALL GosetP, Genera) Joveph ©. Pino ney, Cler< of the Com. manic Committee to wait on Governor Dix, lett for Loug Inland yesterday aiternoon., Mayor Havemeyer does not scare worth a nickel. ie says although reformer Beers and his coadju- ts determuned to figut to the last, Impescbment te all the talk about the City Bali, bot s0 far nothing of the crop bas been mn, OX- cept cropping out’ of aldermanic tre. 2X -COM TD 18a Gardner calied on the Mayor esterday afternoon. He has nobyet “ LAci#e Comming re The Comptrotier hots on to ed warrants wiih afeodish delight. He has several sugh which he reluses 0 pay over, althyvgh Aadites Rarie bas auciieu (he yuuehers, - | dows leading to the rear part of the store. | timacy sprung up between McQuade an | Ver, | tilential divease, BREW YORE CITY. —-———_ George Hicks, of No, 133 Washington street, fen and broke bis arm yesterday. The new White Star steamer Britannic will make en excursion to Sandy Hook to-morrow. ‘The Weat Side German Dispensary, No. 832 West Fortieth street, treated 3,500 patients last year. The closing exercises at St. Columba’s Schoo! Were held yesterday evening at Bryant's Opera House, Dr. P. H. Vanderweyde will lecture this evening at Puimpton Hall before the New York Liberas Club on the subject of Tidal Waves.” Comptrolter Green reports the following dis- bursements and renee of the treasury yester- day :—Claims paid, $118,160; recetpte, $39,200. Thomas Brophy, of No. 329 East Thirty-filtn street, had his band nearly cut off yesterday by a circular saw at the planing milis in Thirty-eighth street, Ezra Hunter, a man seventy-four years of age, was arraigned before Judge Murray yesterday, charged with committing a gross outrage on Alice McBride, a child of twelve years. He was fully committed in $3,000 bau to answer. As Judge Kasmire is not sitting in Essex Market Police Court this month the examination into the charges inst the female performers, arrested some we: in Paul Faik’s Tivoll Garden, which was jown for to-day, was post- poned till the 1st of August The Comptroller paid this week laborera on big Pipes, stop cocks, '&c.; roads and avenues apd sprinkling, repairs to stone and wooden pave- Ments, small pipes, all to June 30, and boulevard: &c,, to June 27, amounting to $79,761. The labore: on docks wili Be patd to-day. Referring to the late notice of the opening of the St. Louis Bridge it may be interesting to know that this structure is made from chrome steel, an alloy of chromium and iron—an American inven- tion of recent date—a new metal which, it is sald, is likely to take the place of carbon steels. ‘The strictest orders have been given by the managers of the steamboat line between New 38 | York and Long Branch to prevent gambling or | improper characters on board at all hazards. The company yesterday morning, seeing an error ina pubiic announcement of the time of departure, promptly placed an extra steamer on the line to accommodate those who were thereby misicd or likely to Le disappointed. BROOKLYN. Kate Stoddard, the alleged murderess of Charles Goodrich, will be arraigned betore Judge Moore, in the Kings County Court, Brooklyn, on Monday next, when « Commission will be appointed to de- termine the question of her sanity. She has be confined in the Raymond Street Jail for more than twelve months, At about twelve o’clock yesterday a girl named Margaret McCormick, residing at No. 104 Walworth Street, Williamsburg, while at work in McDougal’ ropewalk, Bushwick avenue, had her left hand crushed ina terrible manner by being caught in the machinery. She was removed to the City Hos- pital in the ambulance. The body of Ludwig Best, the eloping tailor, who ‘was robbed and then deserted by his paramour to die in the ceil of a police station in Albany, was re- ceived in Williamsburg by his family yesterday. An undertaker took charge of it on the arrival of the boat, and, placing 1t in a hearse, proceeded direct the Lutheran cemetery, halting only for @ jew moments in tront of the residence of his | Wife, on Boernm street, to enadle her and her friends to get in their carriages and accompany the remains to the place of sepuichre, The store of PF, T, Nutt, hatter, No. 300 Fulton treet, was broken into by burglars on Wednesday night and rebbed of property amounting to up- wards of $300, The rogues effected an entrance by fitng the tron bars which guarded gaglncy ne within the apartment they appear to have worked leizureiy, They forced open the money till and ab- stracted the contents. They then helped them- selves to furs and umbrellas, amounting in all to the value above set forth, Mr. Nutt has been robbed three times since opening business in the City of Churches, and now declares that {f the police cannot afford him better protection for hig property ta the iuture than they have in the past he will eek a@ livelihood in some other city. Meanwhile the police are ‘looking after the vurglars.’? LONG ISLAND. pena Pat Enoia, who some time ago made a cowardiy assault upon the Rey, Father Marco, of Dutch Kius, was arrested yesterday for attempt- ‘Ing to assault this gentieman a3 he was on his way to New York to take a ve tor France. The | charge not being sustained Ennis was discharged, A rowing match took place yesterday on New- town Creek, between Raiph J. Burnett, Corpo- ration Counsel of Long Isiand City, and Alexan- der Moran, Commissioner of Pablic Works, — champagne supper. When about hall-way a Hett's boat capsized and {ts occupant was with diMculty rescued, The sudden bath proved too much tor him and he foricited the bet. The “classic” region of Blissville, Long Island City, is now In the enjoyment of a first class scan- dal. Mary Cailahan, a comely lass of nineteen summers, resides with her parents in Blissville, Mary has had many suitors, but none seemed to have won her affections more than one Eugene McQuade, a vartender and a resident of the Seventh ward of New York, After @ short courtship Eu- gene proposed and Mary accepted. A day for the Marriage was appointed, but when {t drew near McQuade, under one pretence or another, had it postponed. During the tnierim an improper i Ject of hts affections, and to-day Mary finds he: about to become a mother. McQuade lett Bitesville upon hearing that @ warrant was issued jor his arrest, Yeaterd Detective Moran and Officer Sreuasn succeeded in arresting McQuade in New ‘ork. STATEN ISLAND. ~ All the bodies that now ile in the oid Dutch Rev formed Cemetery, on the Richmond roai, Rdge- water, are to be removed to Cooper's Stiver Mou! Cemetery, Ricnmond turnpike, New Brighton, the fall. The trustees of the church bave secured @ plot there for the purpose. A meeting of taxpayers opposed to farther operations in the Richmond drainage district was called to be held on Wednesday evening, but it 4 slimly attended, and the action taken probably have no effect in stopping the progress Of the proposed improvement, The Richmond county Supervisors met at the Edgewater Village Hall yesterday a‘ternoon, and Opened bids for building @ schoojhonse on the county farm in Northfield. The contract for car- penter work was awarded to James Ryan at $1,067, and that for mason work to J. G. Vaughn at'$287. ‘There were sevemteen proposals, The four thieves, John Short, John Durken, Lewis Forayth and John Henry, implicated in the rob- ; bery of Captain J. H. Vanderbilt’s house, on the serpentine road, last woek, were yesterday taken from the Richmond County Jail and nad their Goal hearing beiore Justice Kassner, at Stapleton, They were aj! recommitted to await the action of the next Grand Jury in September, The improvement of deepening and diking the channel between Staten Island and Elizabeth, N. J., has been assumed asa national undertaking, by the recent appropriation of $60,000 for 16 com- mencement, the measure having been approved by the President. The appropriation having thus been oMicialiy certified, there appes to be no = to doubs that the work will be begun imme- diately. Anumber of influentlsi citizens of Orange are agitating the project of Cpe | @ first class academy there, the cost to be about $100,000. According to the Newark Overseer of the Poor there is little or mo suffering in that city from dea- titution. Epil there is @ population risin pol he has but few applications ior any her each day, Smallpox has at last taken farewell of Newark, according to the statement of the health autnori- ties, Some time ayo the HERALD drew specific at tention to the matter, giving names, piaces, &o, This was denied. Further investigation proved tt true, and the authorities spared their time writin cards and wisely devoted it to wiping out the peg. They report Newark in @ state of health better than is recorded for years, A CURIOUS RAILROAD OASE IN TRE NEWARK OOURTS, In the Newark courts a curious case ie now on trial. In April, 1873, it appears James Smith was fagman at tie Thomas street crossing in the city of the Peu:.aylvama Railroad. One day Thomas Heaney, driving one of Ebenezer Harrison's coal wagons, attempted to cross the track ip i AD approaching train, Smith tried to me but Heaney, it seems, was dotormined to cross. Orona he did and only escaped with his lie. Tne hind part of the wagon, as it was, Was dau the :", and smashed, the wueels betig tered @ thousand pieces. One of tho Pieces AOUTINVEN GR NINTH PAQRI