The New York Herald Newspaper, November 28, 1874, Page 8

‘ & THE cousTs. The Kelly-Mavemeyer Suit—Judge Donohue Declines to Hear It. FRAUDULENT BUILDING SOCIETIES. SMUGGLING LACES. PEERS, Revenue Accusations Against a Young French Lady. Avnrit of error and stay of proceedings has been granted on appiication of counsel, in the | case of Michael Murphy, convicted ot the murder | of Mrs, Matilda Hagus, at Nanuett, Rockland county, Im October last. Defendant's counsel, | Henry Daily, Jr,, having applied in vain to all the Judges of the Second Judicial district, made ap- | plication yesterday before Judge Donohue, who granted the stay. The convicted man was sen- tenced to be hanged next Friday, THE KELLY-HAVEMEYER SUIT. The particulars of the suit brougnt by John Kelly against Mayor Havemeyer, growing out of the letter published by the latter, animadverting upon both the oficial and political career of Mr. Kelly, have already been published in full in the HERALD, and, therefore, do not require repetition. Like most suits, this of course has to yield to the “iaw’s delays,” and is slow in reaching trial. Meantime, as usual in such cases, the opposing counsel keep up an active fusilade of counter- motions in the courts On behalf of Mr. Kelly notice was given several days since of a motion to strike out certain portions of Mayor Havemeyer’s answer as irrelevant and trivolous. ‘The argument for this motton was set down tor yesterday in the Supreme Court, Chambers, be- | fore Juage Donohue. It was after three o’clock | when the case was reached om the calendar, and | ‘there was the general expectation of a prolonged | argument. Very short work was made of it, | however, ag wili be seen by the ensuing report. Mr, Wingate, of counsel for Mr. Kelly, as soon as the case was culled, rose quickly to bis feet, cleared bis throat, and was evideatly in readi- ness to talk at great length. “One moment, if you please,” interrupted Mr. Waterbury, counsel for Muyor Havemeyer. “I wish to raise a preliminary vbjection.”’ He then | proceeded to give his reasons why the motion should not then be heard. He began with reading the affidavit of Mr. Wingate upon which the order te show cause had been granted in the case. He Claimed that in section 46 of the Code a special | reason sifould be giveu by counsel why euch order should be granted, which, 9s he alleged, had not | been given. It was ciaimed aiso bat preper | | | notice had not been given. He then wenton to say that the manifest desire of the opposing | counsel Was to haye the matter come belore Sindee of their own choosing. As for himself he was as Willing His Honor should hear the motion as any one else, but he did onject to this Dold at- tempt on the part of the opposing attoraey to control the matter. He thereiore asked that the pvesent motion be denied without prejudice to its a ais ata proper time, ir. Wingate essayed a reply, but had not got further than “If Your Honor please,” when Judge Moriohue brought him to a sudden stop. “J see there 18 an objection to my sitting as judge in this case,” spoxe up the Judge sharply. Itehall be heard belore another Judge on Monday next. Mr. Clinton—‘May I —."” “1 nave disposed of the matter,” said Judge Dononue. “But I desire to inquire as to the placing the cage on the calendar,” persisted counsel. | “I will give an order (hat the case ve placed at the head of Monday's calendar,” replied Judge Dononue. “I wish (o be understood,” remarked bury, “that 1 do not opject to you as the “| think otherwise from what you have said,’ Feplied Judge Donohue; ‘at all events [have dis- posed of the matter as far as I am concernec. I ‘will only add that I overrule your objections.” Upon this announcement tie counsel picked up their bundies of papers and left the court room, | WHAT THEY WANT TO STRIKE OUT. \ The following extract Irom Mayor Havemeser’s answer is the portion for striking out waich the present motion ts made :— i for a fourth ani separate answer arid defence, the | dant aleges and states that at the me of the pub- tion cf the letter hereunto annexed the plaintiff aud John Morrissey, by the means and through the t society or corporation known e y Jumbian Order, the | owner of a certain buuding Known as Tammany Hall, | and of a certain other body or association knows as the Tammany Hall General Committee, constituted by and nder the direction of and ausolutely controlled by the plainti? and raid Morrissey, and deriving tts influence | and authority irom Ue exciusive political use and occu | pation of the said buiiding, by and through the tavor of the said suciety or corporation, and espectally of @ part of the said General Commitiee known as the Committee on Organization, of which the plainuff then was and is Water- h, | one power of a certain as tety of yetcharmab and manager, iad usurped and were at the time of the publication of the said letter snd tor ® loax time prior thereto had been assuming and exercising important public tanctions—to wit. the dic- tating of the ination of the persons to be elected to the various offices to be filted bi he the vous of of the said city v | divisions theres { through the agency of the said Commitiee on Organiza- tly, the dictating or attempting to dictate to various | offices of the said city ai | istrative, the pers | positions to be fi tious were and are contrary to publi couucy, judicial and adiain- nt to various usurped fune- y oF the laws aud institutions of this to the public wellare: that the deten ac quired knowledge of t stated in suid letter here udto annexed, marked howing that the plaintur had been guilty of dishonest aud irauduient conduct, a8 therein set forth, and the det nlant betng the Mayor ot the said city and county, and specially charged with the oversizht of the patile interests, and the plain uit, having usurped ans assumed and bei in the exercixe os the pubis tumetions aforesaid, it becaine the duty of mumuneste such tacts io the public, rtormance of such duty and tor other | reasons the said letter hereunto aunexed, marsed “B,” n and published. The case stands over till Monday. A BUILDIAG SOClELY. ‘Yhe old story of alleged frands upon poor Ger- maps in the purchase of lots for homesteads trom a co-operative building association seliing lots in the vicinity of Long Isiana City has been again re- vived in the courts. The suit of Caristian Bor- beck against the Co-operative Building Asso: tion of the United Cabinet Makers No, 2, Tue Long | Island City Land Company, Frederick Feidman, Cody Anfanger, (. A. bruggeman and Jonn A. Stemmier (Civil Justice) and wile came up for argu- ment yesterday before judge Donotue, tn Supreme Court, Chambers, on motiwn by ex-Judye Ditvenho- ley ior appointment of a 1 O-Opera- tive Building Society, is lormed two meet the demand of rman work- mMymen for homes of their own, and the promise Was hed out ol a lot tree of incumbrances vy simply paying $2 a week until $200 was paid in. Piaintil, according to the statement of bix coun- sel, paid in $1,500 Jor five lots, and the association gave hin a deed, executed to them by John «a. Stemmier ahd wie, which on its iace conveyed property iree of incumbrance, but was subse- quently found to have been morigaged to the original grantors, Brown and Hyde, and is now advertised jor sale. In order to iree his lots the plaintit bad to pay $1,100. The $1,800 was used by Stemmler and the association, it is alieged, not to pay off the mortgage, but to invest in another piece of lahd held under the new name of the Loug isiand City Land Company, the | and the whole of 4 bas been placed in the bands of Feldman, erund Bruggeman as trustees. Counsel eu that the second tract of land, bought by the weekly instalments of plaintiff and other poor men, ought to stand to Fepay tne $1,800, and tat the trus-ees should be dis¢narged, an injunc- tion granted against the sale and a rece! ap- Pointed, Decision was reserved, the Court takin, the papers, ALLEGED SMUGGLIN3 OF LACES. Yesterday ia the United States District Court the case of the United States vs. faining laces valued at $12,977 was brought on for trial before Judge Blatchford and a jury. The Glaimant of the goods in question is Josephine Morid, and itis alleged that she smuggled them from France into this country in September last by the steamer St. Laurent. The government, on this ground, seck to condemn the laces, This is the second case under tie recent law of Congress which permits the deiendant to go into the ques- | tion of intent, A Custom House oMver named ) Miasioners. ix teuuks cons | NEW YORK HERALD, SATURDAY, NOVEMBER 28, 1874.-WITH SUPPLEMENT. enect toat ne examined the laces; they were packed in trunks, It was agreed between counsel that ‘uuks cppeared as he fed, and Josephine Morin, the claimant, re res was examined as considerable an through an interpreter. She said she had uo intention of de- frauding overament; she expected to pay the duty on the g she did not understand What the officer suid to her about the declaration ; she said her belief was that everything connected with the laces was all right; she did not speak a word of English to the oficer never enter- tained any idea of defrauding’ the revenue; the trunks containip, her without her Knowledge. The iurther hearing of the case Was adjourned till Monday. BUSINESS IN THE OTHER COURTS. eo UNITED STATES DISTRIOT COURT. Consul General Garcia Honorably Vin- dicated. The suit of Nathaniel McKay against ©. B. Gar- cia, Consul General of Uruguay, tried betore Juage Blatchford and a jucy, has resulted in a complete vindication of Mr, Garcia’s honor, The particul: have already appeared in the HERALD. ‘The plain- | tirsued the defendant for the sum of $11,567 73, being a balance alleged to be due on a contract for building & sidewheel steamer for the South American Company of Buenos Ayrés, The case attracted @ good deal of public attention, and thougn a verdict for the delendant was conti- dently anticipated the result is not the less grati- tying to Mr. Garcia's numerous friends, SUPREME COURT—CIRCUIT—PART 2, Decision. By Judge Van Brunt. Hollacher vs. O’Brien, Suerif, &c.—Memorandum. SUPREME COURT—SPECIAL TERM. The Female Sehool of the Sacred Heart. Before Judge Van Brunt, The Tax Commisstoner in 1870 imposed a tax of $5,929 60 on forty acres of filly acres of land occu. pied hy the Female Academy of the Sacred Heart, near. the foot of 126h street, on the Hudson River. AS the tax was not paid the city was about to proceed for non-payment, and thereupon the institution, through John EF. Develin, its counsel, applied jor an injunction to restrain the city from the sale. A demurrer was made and an argument was had yesterday. Mr. Develin made a lengthy and iorcible argument, setting forth the reasons why the injunc- tion should be granted. He stated that this is one of the most useful and efficient schools in the city, naving some three hundred resident pupils and five hundrea day scholars. share Of the grounds istaken up with the build- | Ings and kitchen garden; the rest is no more than is required by the pupils for their daily walks and exercise. On the other side it is claimed that the | plaintiffs took the wrong Cage be neglected the remedy open to them under the statute of 1859, and ought to have brought suit against the Com- who -are the proper judges. The Court reserved decision. Decision. By Judge Van Brunt. Bowery Savings Bank vs, Richards,—Jadgment for piaintif, with costs. SUPREME COUBT—CHAMBERS. Rival Railroads at Loggerheads. Betore Judge Donohue. The Christopher and Tenth Streets Railroad | Company are at loggerheads with the Centra) Crosstown Railroad Company. The former’s clar- ter authorizes them to commence at the Hovoken ferry and that of the latter to run to the foot of Christopher street and thence up Cnristoplier Street, where the tracks of both are laid. West street had bot beep widened to 155 lect. Recently the Christopher street line laid a rrack close to the jerry houses, and the Central, not to be outuone, Inade a turnom at about the same pomt, suit has been brought to compel the <iefendants to disuse the turnom™ The case came up for argument yesterday on @ motion tor injunction. vecision Was reserved. Consolidating Suits Against the City. | Motion was made recently on behalf of the city to consolidate the action of Leopoid Wartheimer | | and another vs, Tae City, in the Supreme Court, | ana the two actions of che same plaintifs in the | Common Pieas Court, for the price of tobacco fur- | nished to the Commissioncrs of Charities and Cor- Tection, The motion was based on the allegation of Auditor Earle, that the tobacco furnished was supplied on days very closely toliowing each other, and that he believes the separate actions were | brought to avoid the rule about contracts for more than $1,000. A decision was given yesterday grant- Decisions. By Judge Barrett. Devery Devery et ai.—The motion to continue the injunction is denied and the temporary injuuc- | Ing the motion. | tion is dissolved, with $10 custs. Dinsmore vs, Adams and another.—Order settled. | Memorandum. By Judge Donohue. Payser vs. McCormick.—Memorandum. Ande.son vs, Berry et al.--Moticn granted. Buter vs. Paimer.—Memorandum. Cormier and another vs. Batty et al.—Commis- | sion prauted, without stay. Westneimer vs. The Mayor, &c.; Dieliber vs. Balen; Presiaent and Directors o: me Insurance Company of North America vs, Oertel; Wright va. MeCormick.—Motions granted, Pretzielder vs. Mears; tall vs, Wagner; Hodsdin vs. Nudds.—Memorandum, COMMON PLEAS—SPECIAL TERM Decisions. By Judge Larremore. Morange vs. Herzberg; m the matter of ‘thom s0n; Tie People vs. Bourgeois; Van Reneschaer vs. Willis; in tae matter of the application of William H. Jones to change his Dame; Michel vs. Kuber.— Motions and applications granted. The Mayor, &c., vs. unsate boaildings northeast corner of Morris and West streets.—Precept is- sued. TOMBS POLICE COURT. Attempted Burglary. Before Judge Morgan, Mr. Patrick O’Brien keeps a fruit stand at No. 7 Ro: seveit street, and in the cellar of that number he stores his goods at night. On Wednesday night ne locked up his place as usual and went home. Saturday morniny, avous tour o'clock, as Officer Hagan, of tie Fourth precinct, was patrol- ling his beat im Roosevelt street, he noticed a man, who subsequently proved to be William Mul- higan, of No, 82 Elizabeth street. Willtam was at- tempting to get away with $75 wortn of goods when the officer cangnt him. He was heid in $1,590 bull to answer, The Police Outrage. Messra. Barclay and Cathrick appeared at this Court yesterday morning and were arraigned on a charge of disorderly conduct, upon which they were discharged. The disorderly conduct consisted in resisting an ofMicer. It appears from the evidence in the case tiat Oficer Alcott, of the detective oMece—the one making the charge—went into Harry Hill's concert saloon on Thanksgiving nigut, “and wile there he saw Mr. Cuthrick, who very much resembled 4 man for whom he was looking. He watched Mr. Cuthrick, who, being a country tarmer, six feet two inches in height, was quite a noticeable person. It was not his height that first attracted Alcotvs attention; it was hts resemblance in feature and stature to a man for whom the de- tectives were looking, and oa whose track Cup- tain Irving had set him (Alcott), ‘the officer stepped up to Cothrick and told tim his presence Was required around at headquarters, but Cuth- rick refused to go at first and was inclined to Inake a fuss. Finaily he went, and, haviog left him in the detective’s office, the officer returned for Mr. Barciay, wnom he sup- posed to ve an emp Inspector Speight took their names and discharged them on their Own recognizance to appear at the Court yester- day morning, which they did, Alcott producea the picture on which he arrested Cuthrick, and there certainly was a likeness between the man and the picture, although not a remarkabie one, one which would ordinarily be taken as suf- ficient in an imp rtant case like tne present. The Judge discharged the prisoners, who left the Court chatting about their novel experience in New York on Thanksgiving Duy. JEFFERSON MARKET POLICE COURT. Two Warlike Olid Women. Before Judge Smith, Annie Parmer and Annie McUabe, a vair of old women, reside in the tenement house No. 430 West Thirty-sixth street, and occupy portions of the game floor, They both got rather full of rum on Thanksgiving Day and had ot pg battle on the landing. Mrs, McCabe seized a hatchet and dealt Mrs. Palmer a terrible biow with it over the head, This ended the warfare, and Mrs, McUabe was held in $1,000 bail to answe: A Clever Swindler. Frederick Nichols, whose exploits in swindung C, Kirby testified that the claimant signed her name to the usual declaration to the effect | That she Was pot bringing in any dutiabie goods | gad that she had none among her baggage. ‘ii id some cir- | th H a a frets, “tod i wi Ping sen but one word of the English language. dded, in the course v1 bis cross-ex: Stnat the trun! demanded as.w me! Samad M. J. Corbitt. oa were reported in yesterday’s HERALD, was brought up by Detective Avery, charged by Carlos Fox, of No. 54 East Ninth street, with stealing a suit of clothes from him iv the 5th of rose: a) was boarding in Ww the clothes and diss ared. He was committed in $2,000 bail for trial and acknowledged himecif guilty of the charge. It is sald there are several other chat ae him, on which he Will be ar- Taigned at the Tombs, A Man Whose Eyes Are Wide Open. Jesse M. Emerson, of No. 45 East Ninth street, on the corner of Broadway and Kinth streeton Thursday evening looking at # | Another Broadway Thief Caught. | | vhe laces were taken away Irom | | Larkin ramning quickly away. He at once gave | moved that a day of trial be fixed for his client, target company passing by. A thief snatened | his Brey wore s OP ou ge Wai followed, but made his wotle Mr. ag saw as the hier, He followed bim, and the fellow went to Jeferson | Market Police Court alter @ irlend of his who was | arrested, Mr. Emerson caused bis arrest in cour!, | Where he gave his Dame as Wilson, He | Was fully Committed for examination, Mr. John Irvin, of No. 4 Union court, while standing on the corner of Broaaway and Eieventh street, felta tug at his watch and saw Thomas | chage aud with the assistance of Officer Burke, of the Fifteenth preemet, captured the thief, in bis fight he threw away a gold watch, which now awaits an owner. He was remanded for further examination, Another Watch Gone, Atseven P. M. on Thanksgiving Day George Woodruff snatched a gold waten worth $125 from Eugene B, Walton, of No. 60 Perry street, on tue corner of Broadway and Fourth street. Oficer Kilkeuny, of the Fiiteenth precinet, saw the lar- ceny and gave chase and arrested the thief a(ter a long ruu. Ne was held ior examination by Justice Smith yesterday. ESSEX MARKET POLICE COURT. Three Disorderly Houses Closed, Betore Judge Wandell, un Thursday night Captain Uliman and Sergeant Bredenburg, of the Tenth precinct, accompauied | by @ squad of men, made @ raid on three dix- | Orderly houses in thelr precinct. The houses pulled Were lu Bayard street, occupied respectively | by Saran Winte, with four giris; Maria Yonug, | with three girls, and John Smith, with four iris. John smith was discharged tor want of suficient evideuce and all the others were committed for examination, { | FIFTY-SEVENTH 8T8ESI POLICE couaT. | Alleged Horse Poisoning. | Belore Judge Murray, | The complaint of Dederick Fenker, of No. 1,097 | Second avenue, charging Meyer Goodman and j Benjamtu Fultz with poisoning his horse, which | has already beeu referred to, was taken up for ex- | amination yesterday by Judge Murray, Mr. Gerry appeared for the piosecution, assisted by Mr. Bergh on behalf of the Society fur the Prevention , of Cruelty to Animals. Ex-Judge Koch and Nathan Nesbitt de‘ended the prisoners. The case excited a good deal of interest and a large nu.n- ber of persons were presert to hear the examina- tion, ‘The defendants, as well a3 the complainant, are expressmen. The latter purchased the horse 1m qnestion, a Wagon and all interest in the busi- ness a8 expressman at a@ certain piuce ou Second avenue. The defendants taen estab- lished themselves in another ofice in the immediate neighborhood and endeavored to rival the compianant. A bad feeling sprung up be.ween the parties, the resuit of which was, Fen- ker claims, the poisoning of his horse by the de- fendants, The evidence tor the prosecution tended | to sustain this View or the case, though it was not | positively shown that the horse was put to death i by tie deiendants, or that they had auything | whatever to do with it, They were heard to | threaten complainant, and otier circumstances | brought out im the exammation strengtnened the | suspicious agamst the accused. kebutting evi- | dence was not taken, and alter tue prosecution | had rested the examination was postponed uatil | Tuesday next. | A Bignmist Gets Off Easily. William Tapping deserted his wiie Matilda, of No. 421 East bighteenth street, avous a year ago and married a young woman named Rose Hamilton. Recently Wiiliam’s former marriage came to Rose’s ears and she di rded tim, He Was arrested yesterday vy his first wie, on cow- Flaine of abandonment, and @ charge of bigamy woud also have been taken, but the gvod nature fa Rosa's heart would not allow her to prosecite him. He was, therciore, held simply in aeiault of $300 bail to guarani¢ce the payment of $3a week to his first wie, — | THE GREAT SCANDAL. | The Questicn as to ihe Time of Trial of | ‘hcodore Tilton gor Malicious Libel on | Rev. H. W. Beecher. | Yesterday forenoon ex District Attorney Samue: | Morris appeared before Judge Neilson in the Special Term of tne Brookivn City Court, and ‘Theodore Tilton, who in October last was indicted for having, as alleged, willully and maliciously hibelled the Rey. Henry Ward Beecher by the | publication of a statement accusing the | pastor of Plymouth Church witn having been | criminally intimate with Mrs. Etizabetn R. Tilton. Mr. Morris said that he would suggest | to the Dstrict Attorney that the 8th of next month be the day fixed Jor proceeding witn the | trial, so that, in case the matter in the civil suit | DoW pending in the Court of Appeals is not de- | cided in time for them to proceed with the civil ; | case upon the day fixed in December, they can | proceea with the trial oj the ingictment. Mstrict Attorney Winslow suid he had come there more asa matter of courtesy than otherwise, having had notice of motion served upon him to a es aud have a time fixed for the triai o1 this indictment. The proceeaing he regarded as whoily irregular and one which should not establisa a@ precedent. r. Morris said that they did not want to pro- | ceed with buth cases on the same day, but simply | desired to have toe time so fixed that im case the | Civil 8ULt Is NOt ready they could proceed with the | trial of the andictment. The preparation of one | case Javolves the Lreparatiou of the vther, and they would be ready 1n both, The Moulton case is pot the one that interests the peoplc—it is a side issue. The main issue shouid be tried first, Aduy | shouid therciore be designated, ‘fae District Attorney said he supposed that the civil suit would be ready in January, whereupon the counse! remarked that if they expected to go on in Januaiv there would be no barm in desig- | nating some day for the tr.al of this indictment against Mr. Tilton. | District Attorpey Winslow said, so far as the | counsel says that he is ready to try this issue, and | 18 anxious to doso, he (Mr, Winsiow) is in full ‘sympathy with lim, He Jutly beleved that this | issue should have a trial at an eariy day. Mr. Morris insisted that the Court bad the power | over its own records, Judge Neilson will decide the question next week. Yesterday the counsel for Mr. Tilton filed a note of issue in the sult instituted by him against Rev. aA. W, Beecher for the term of the City Court ve- ginning December 7. UNITED STATES + WASHINGTON, Nov. No. 85. Michaels and Levi vs. Pos p from the Circuit Court for the Northern dist: ict of | New York.—this was a proceeding brougat by Post, as assignee in bankruptcy o! McCrary, to set uside a transfer of goods made hy the bankrupt to the appellants, on the ground that it was in iraud of the rights of the other creditors. The Was sustained and the decree was for the It is here aileged that there was no fraud the Court erred in not deciding that +t ruptcy proceedings were wholly void, ec on the ground that the Court had no jurisdiction overt. é parties thereto or the suvject mutter of the pro- ceedings, because the petitioning creditor was not a creditor of the bankrupts. and oecause tne pe- | titroning creditor insiituted and carried on the proceedings in fraud oi the Court, concealing tiie jact. J. N. Pomervy for appellants, deiendant not appearing. No. 86. Lewis vs, Cocks—Appeal from the Cir- cuit Court for the District of Louisiana.—The de- jJendant in error sought the reconveyance of cer- tain real estate located in New Orleans, sold under the foilowing circumstances:—iIn 1860 General Anderson, as trustee for his wile, sold certain slaves inne:tted by her from her father, General Clinch, to Cocks Jor $19,500, of which he received $1,500 in cash, and tor the balance took promis ‘sory notes secured by a mortgaze on the property in question, Under this mort- gage the General, in 1863, caused the prop. erty to be sold, in pursuance of proceedings in’ the Provisional Court, and at th ule he pecame the purchaser for $7,500, Subseqnent!y he flied a petition in the same Court, alteging | that Cocks was still indebted to him $5,500, In this proceeding judgmeut was entercd by default ks residing tn ), and certain lots and sold to satisty | the judgment, which were purchased by one Izard tor $1,200. The reconveyance Oo! the property gold | to Izard is asked for ou the ground (hat the juag- ment of the Provisional Court was 4 nullity, as there was no legal service and citation in the pro« ceeding, and for the further reason that many per- sons were prevented from bidding by the under+ | standing imparted by Izard that he was bidding as | the friend and in the interest of General Andersen, | Tne decree was for Cocks, and the same question is presented here. Lewis claims as a bona fide urchaser, without notice. 1. Phillips for appel- ant; C. Robinson jor appellee, No, 450, Cannon va, City of New Orleans—Error tothe Supreme Court of Louisiana.—This was an action inthe mame of Vannon, as owner of the steamboat R. E. Lee, to enjoin the city trom the collection of whariage under an ordinance impos: @ tax of filteen cents per ton on ships navi- gating the Gulf or the ocean. The claim was that the steamboat, being duly enrolied and licensed in the coasting trade under the acts of Cougies' she couid not be compelled ‘o pay eens | for the reception of the jury and of counsel. | past eleven o’clock Judge Humpbrey took his ‘answered the Judge sald:—'l am about to ask before I discaarge the jury’ wel now as at any time to notuy Mr, Riddle that Jshailcail up the case atas early a day as pos- sible on the assembling of the next teri of the Court. along up, Whether the gentleman notifies me or not ? aud, Mr. Clerk, you will cyntinue the recognizance of the gentlemen till the next term of the Court. o'clock. Vuiged the fact that on the first ballot they stood , elght for acquittal and four fur conviction tn Har- Tington’s case, the conviction :— and Moseby (colored), and the vote did not chan; daring the whole tims they Were out. case the vote stood nine ior acquittal and three for convictioa, Hickling changing his vote in the case of Whitley changed. Wisiuims? cas The crowd lingered about the court room for a | hail noar, ciscuss:ng the subject and taiking with | the Jury, who were iree tu relate wiat transpired in the jury room. | agency ajiuded to this opinion of | two of them being for $5,000 and one for $10,000 | Jonn Batrerberry is the | New street, No. 48, who - The judgment below sustained tie tax and the question is brought here, where it is conteided that the ordinance under mitting the State 11,to the Union, in that sne came in under the aslemn niedee thar the Migsissipot Which the tax is laid i¢ In conflict with the act ad- | and the navigable waters leading into it or into the Guif of Mexico sail be common bighWays and forever {ree to the inhabitants of the States of the Union without any duty, impost or toll. It is ed that it is im confitct with the provi- sions of the constitution prohibiting @ State irom laying any duty on tonnage, as the tax is sealed by the tonnage Of the sbip taxed; also, with the rovision exempting vessels Dound to or from any Btate irom paying duties in another, and with the provision con/errmg on Consress the power to reguia‘e commerce among tre several srates. P. Pmilips for p.aintmin error; W. H. Beckham jor defendant, THE CONSPIRACY TRIAL, A. B. Withiams Acquitted—The Jury Disugree as to the Guilt or Innocence of Harrington and Whitley=They Are Discharged by the Juidg: WASHINGTON, Nov. 27, 1874. The Criminal Court was crowded to-day from ten | to eleven o'clock in expectation of the jury being | sentfor to render a verdict in the cas2 of the alleged burglary conspirators, Shortly after eleven Deputy Marshal Phillips came into the | court room and commeaced arranging the chairs | The bail stepped to tue door and rang a large bell, and very quickly thereaiver counsel came fling in asd took seats around the table. At hal- seat, Judge—Mr. Philitps, bring the jury into Court. The jury was soon thereaiter seated belore the Judge, looking unshaved and unkempt. The Judge | aurected the roll to be called, and when all had you afew questions, but you need not answer | auything except just what you are asked.” Turn. | ing to the foreman, he said:—Have you agreed upon a verdictr”? The Foreman—We have, sir, a8 to one of the de- fendants, Jacge—Is there a reasonable probability that you Will not agree upon tue guill or innocence of the other deiendanuts ? Foreman—There 15, Jjudge—What do you all say, gentlemen? The jury all said that they could not agree as to the others. The loreman said that alter a 1uii consultation with the members of the jary he tought it imposible to agree. Judge—Well, that is tue only way in which you can find out avout 1% Mr, Clerk, take their verdict, Clerk—What say you, gentlemen of the jury, have you agreed upon a verdict? Foreman—We have as to one oi the parties. Clerk—Pass up your verdict, | Foreman (rismg)—We agree that Arthur B. Williams 18 innovent, aud cannot agree upon Whitley and Harrington. Judge—Have counsel any suggestions to make Mr. Riddle—J have nothing to say, Your Honor. Mr, Davidge—! have nothing, only it may be as Mr. Riddle—!I suppore the case will come right Judge—Yes, Geutiemen of the jury, I now dis- cnarge you from jurther consideration of this case, I will now adjourn tne Court Ul to-morrow at ten A talk with jurors after they were dismissed di- following jurors Voting for ig, Mann and Hickling (white), | i Waitley's | and this volte was not Jurther | was no difference of opinion fn all agreeing tat he was innocent, THE DETECLIVES’ HAUL. | Rapin anne | The Arrest of Hilt in Philadelphia on | the Charge of Forgery=—Strange Dif- ference of Opinion as to Whether Hilt The arrest of George Hilt in vhiladelphia, on \ is Bachelor or Bachelor Hilt. | Thursday, on the charge of being connected with | extensive forgeries of bonds created no little ex- citement in Wall street yesterday, where all sorts ofrumors were rite about the matter. whu belongs to a respectabie family, and has heretofore, irom all accounts, borne an excellent reputation 80 far as his direct personal operations are concerned. The HERALD reporter was informed by @ member of the Govern- ing Committee of the Stock Exchange that all rumors as to Hilt’s being connected with very extensive tergeri¢s by which prominent houses in this city had lost beavily, were utterly without foundation, that in fact no large forgeries of bonds had been committed in tue city of iate. The facts in the case Lhus jar gleaned trom all sources, and which may bs relied upoa as correct, ave tnese :-—Some time ago the Chicago and Northwestern Railroad Company discovered that forged bonds of the road were in the inarket, aud they at once took steps to trace the for; home. It 1s said that in the course of the work of the detectives they learned that the $16,009 worth of bonds (in bonds 0: $1,000) had been negotiated by Mr. Hit. In relation to Hilt’s connection with tne forgeries the private detective gave it as his opinion that the wan was iinocent of any evil intent—that be did not Kuow that tie bonds were Jorged when he haudied tiem, and added:—“f think he was mate use of by the men he fell in with.” He exoressed the opinion to the reporter that the action o| THe NEW YORK DETECTIVES was prompted by @ bad moive. Said he, “My Opinion is that the attempt was made to pring | Hilt on here so as to get bim to shut bis mouth as to what he knew of the forgeries; that It was | made really to cover up the real ertminals,”? there is not the best of feeling existing between the regular police detectives and the private the agent in charge cau be taken for simply what it is worth under the ctreumstances; should have attempted this State to get Hilt in'y without a warrant, if they had good ev.dence against him to make @ requisition | Procurabie withous oifficulty. The idea cvide:tly | lotended to be conveyed by the private detective | | in giving his opinion as to the action of Captain | SUPREME COURT. | Irving’s men was, that cither the real torgers aud | the pulice detectives have some imterest im com mou In the case or desired to baile the plans of | the private detectives, With this view of it in his mind the HeRaLn reporter called on One oi the | Headquarters detectives who was concerned in the case, who stated irankly that Hilt had agreed to come to New York with Derectives Dusen- bury, Doyle and Sitleck, He added, however, on being questioned, that Hilt, who was in bed in fis futher’s house when the | omecers called, eariy on Thursday morning, de- mandeJd by what authority pis arrest was made, whereupon William ¥. Reed, of the United states | Secret Service, Who was with the police detect. jyes, showed his siteld aud @ certificate signed by | Chief Whites, under date of June last, issue] to J. ¥. Gilten, Reed not having ints commission with him. ‘This sezmed to be satisfactory to Hilt, who was informed at the time of the charge against him. As to this charge, Captain Irving and ius officers, 1t appears, obtained a week ago what they deemed good enough ord to base it upon bythe discovery of forged United States bonds and a lot ot coun erteit plates of United States five-twenty bonds and of twen- ty-five and filty cent currency in the ofice, No, 48 New street, hired as a “broker's office” by Hilt, uncer tue nanie of J. E. Bacheier, | On going to this ofice last week Irving and Duse bury state that they Le: only found counterteit currency plates, but forged United States bond: nitor Of the building in | ts out’’ tae rooms ana | He save that @ man giving tis name asd. E, Bachelor hired au office onthe second floor in him tn Jane laet ana paid his rent in advance, Mr. “Bachelor's” front office door scemed to be always | locked, and this circumstance Batter>errf says | excited his suspicious that ALL WAS NOT RIGHT. Bachelor himself was seldom visible, but he seemed to have seve! regular callers, who always took care to lock the door alter they | entered. He discovered ou Saturday last, he | says, that Bacheldr’s name had been rubbed off | the door. The sollowing Monday a detective called and inquired as 10 the character of the lessees of the office. Jt being alter ofice hours Batterverry | retused to allow him to go into the oitice, On the following Wednesday Cuptain Irving and some of his men came to the office and compelled nim to Open the doors, On entering they tore up the carpets, opened the desks and carried offa lot of | papers. ttervberiy went to Philadelphia some days ago and saw Hilt, when he was arrested, and at once recognized him as the mén who had hired the oMce from him, and whom he bad known as “J. E. Bachelor,” Strange , when asked yesterday by HERALD re- ‘whether Mr. Hilt and Mr. Bachelor were the private detective agent said, 0, How, then, Batterberry'’s state- | ment and this can be reconciled is one of those things which seems past finding out, as the latter | refused to tell the reporter what reason he haa for [nagdm cog Mr. Bachelor and Mr. Hilt were | ot one and the same person. THE FINAL SCENE. Mr. Hilt ig NOW under $10,000 bail in Philadel- hia, and is to have & jurtner hearing next ednesday belore the United States Commis- sioner. It is believed that the Grand Jury will take izance of the action of the New York omMcers, and if any kidnapping was attempted there may be trouble ahead ior more than one of onices. The man | arrested seems to be in rather a bad fix for one | As | but it certainty does | seem Father sTrauwe that ihe New York men / | prisoner, who looked wild, cried them, NEW YORE CITY. Professor Bonamy Price, of Oxford University, England, wiil lecture on “Panies and Crises” at Stemway Ha'l on Monday evening, under auspices cf the Mercantile Library Association, James Hay, a Scotch sailor on the steamsbip European, whi h lies at pier 21 North River, fell from a mast which he was :craping yesterday af- ternoon, He was vurt severely and was sent to the Park Hi spital. Thomas O'Neil, @ young man who resides at No. 289 West Thirty-third street, was throwing & stone “for fun’? yesterday morning, when by some strange movement he vroke lis right arm, He Was sent to Believue Lospital, St. Andrew's Day, the anniversary of the patron saint of Scotland,.will be duly celebrated by the Ratives of that country resident among us by a public dinner at Delmooico's on Monday evening under the auspices of the St, Andrew’s Bociety of this city. The Receiver of Taxes gives notice tbat one per cent will Le added to ll taxes unpaid on the 1st of December, also an additional one per cent on . On ail taxes remaining unpaid on ry Lmterest atthe rate of tweive per cent naum Will be added, On Monday evening next, the 30th inst., the first anniversary of the Albion Society, composed of Englishmen, will be celebrated at Beethoven Hall, tu Fitn street. This society, aithough but a year old, numbers 150 members, aud it is expected that the occasion of thelr anpiversary will be marked with considerabie cclat, James Burns, aged sixty-seven years, having no home, was knocked down by a truck last evening im Thirty-eighth street, betweeen Ninth and Tenth avenucs. The wiecis passed over him, bruising his body and breaking his leit arm, ‘The driver, Owen Gilleather, of No, 412 West Thirty-eighth street, wasarrested by the police of the Twentieth precinct. A lecture descriptive of “Midnight Church Work in London to Rescue the Fallen’ will be de- livered to-morrow evening tn the Church of the Incarnation, Madison avenue and Thirty-fiftn street, by the Rev. J. W. Bonham, the church evangelist, who visited London to study the working of the great mission neld in 248 of the largest churches ten days betore Lent. On Thursday night some person threw a light into the letter box at Forty-cighth street and Sixth avenue. Six or eight letters were entirely destroyed and twelve more were considerably damaged, but their addresses are still legibie, There is a standing reward of $250 for the detece tion of offenders o: this kind. Persons who posted letters last night at that place can obtain intorma- tion by calling upon Superintendent Reed, at Post office station G, The Dwetling Reform Association organized yesterday au No. 113 Broadway, with the following ofmcer Parke Godwin, president; J. M. Bundy, vice president; §. Leavitt, seoretary; directors, Howard Crosvy, Abram 8. Hewitt, Parke Godwin, Samuel Willetts, Stephen Smith, J, Bb. Hodgskin, J.M. Bandy, Carl Piciffer, ©. F, Deems, G. W. Samson and J. K. Ingalts, ‘tne objects of the s0- ciety are to if Fad 3 and cheapen the homes of tne masses of the people and promote tue normal distribution of population ta town and country. The Managers of tne Howard Mission and Home for Little Wanderers, No. 40 New Bowery, return | leave; their most sincere thanks to the “generous public” | who so kindly responded to their ‘Thanksgiving | appeal” that they were enavled to provide a good turkey dinaer for aooat 1,200 of the “poor and needy” of their district without drawing upon the funds contributed for the ‘regular work” of the institution, ing least. Within a few days the entire squad of Custom House officers working under the inspectors o! the Sarveyor’s Department have been retired. ‘Their business was to attend personally all the steam- sbips arriving in port, and to examine passengers’ luggage, with power at once to settie ail minor | questions reiating to duttable articles without the | | | and there were four men there; the crowd leit ar detention and vexation which would result from sending small articles or lots of merciandise to | The officers designated for this | guiding | private the public store, n business could both appraise and coliect, thetr actions simply in the exercise of judgment under the law. STATEN ISLAND. The young people of Stapleton and vicinity had skating for one of thelr Thanksgiving Day enjoy- Yesterday the ments the first of the season, skating upon the flats was quite good. The Staten Island Railway Ferry Company have intermitted thetr six o’clock morning trip from neequentiy the | isolated and unfortunate Staten Islanders cannot get their morning newspapers frum the city until New York for the winter, ana cot eight o'clock. Tiomas Lynch, Michael Kecley, William Corey | lias killed a man;" and William McKenzie, all young men of Staple | ton, and of respectable families, were arrested by | the police on Thanksgiving Day for wearing Inasks and painting their faces so as to represent Indian characters, and taken before Justice Kass- Great indignation in ner, Who discharged them. expressed among the people of the vill: regarded as €niirely unwarrantable. the matter. ‘the fathers of the young men arrested, it is understood, fatend to lay their grievances belore the Board of Police Commissioners at their neXt meeting, and ascertuin whether there is not some redress fur the alieged indignity to their sons. ROASTING A CHILD. CASE Eee ONES Omectat Investigation—The Mother Held | Responsible—She is Recommitted to | the Tombs. An mvestigation yesterday took place before | Coroner Kessler in the case of Mrs, Isabel’ Gaynisch, | into the store wi RUM AND RUIN. tne | Investigation Before the Coroner __ of the Cart-Rung Murder. urday Night’s Spree and Its Fatal Issne— The Accused Committed, An investigation was held yesterday afternoon, by Coroner Woltman, tn the case of thed@teceased, John Carnacon, who died early on Sunday morn- ing inet, from wounds received in a drunken brawi, in Washington street, a few hours pre- vious, George Washington Murray, the accused, aman named Pertato, Martin Joyce, alias Reddy Joyce, Michael Mu'len and John Gibbons were all arrested after the Occurrence, Murray being sent tothe Tombs and the others to the House of De- tention. Gibbons, however, gave ball and was re- leased, but the three others were still detained for the investigation. The prisoner was defended by Mr. Schwab, who asked questions through tne Coroner. _ TIE TESTIMONY. John Gibbons, who keeps ® liquor store at 635. Washington street, was the first witness exam. ined. He testified that he knew nothing about the quarrel, and that he closed his place of business alter the party here in question had lett; there was no argument among the crowd; Jobn Oarna. con, his friend and two others, whose names he did not know; they were talking of the ‘iong- shoremen’s strike; witness requested them to leave the store, because It was a quarter to twelve o’clock an# as there was a chance of a quarrel; Pertain came back to the store after the party left and said that the “big bioat’ was laid out and that Mufray had done it, but tho term “big bloat” was a favorite expression of this young man’s; he did not sce anybody lying on the sidewalk; he heard talk going on outside for about twenty minutes alter he closed the store; the first he heard of the assauit was from the officer on duty inthe neignborhood, except what he had heard from Pertain; there were six per- sons in the store some time previous to oloalnes three of them did not interfere in the argument; Murray was asleep at the time, lying on tie table, and did not take part in the conversation; wit. ness believed that Murray hud le‘t the store be. tore the disputants were told to leave; did not think that Murray knew the crowd, and tiere was no angry word spoken in the house that night that could raise 8 quarrel, PERTAIN'S ALLEGATIONS, William H. Pertain, ot No. 157 Perry street, was the next witness examined—About halfpast eleven. o'clock the crowd were in Gibbons? store; they ussed for drinks, bu: Gibbons retused to give them, a3 the last round was not paid for; they had been taiking about the strike and then got to speaking of netionalitics; Clbbons told them to alter they went out “cach snatched his man,” and they got to rolling in tho gutter tor about ive minu‘es; they were not fighting, they were rolling on top of each oth a@ lady came ith @ pitcher and I went out on the sidewalk; two of them then rin uo Washing- ton street and the other two kept roiliag on the ° an ie iD. The Mission al-o-yesterday sent to | sidewalk; Murray came to me and asked tt Gib. | the sick and others who could not come i25 large | baskets o1 food irom the surpius o/ the fhanksgiy- | bons was fighting, and he then went to a truck and took acartrung, and, as Carnacon was get. tng up he struck lim; Witness then went into the store and told Gibbons that he thougat Murray , had killed a man; Joyce and witness then went up Washington street toa liqnor store at the corner of West Tenth and Hudson streets, where Murray soon came in and asked all bends to have a drink; stayet in the liquor store until five o’ciock and then went toa house in Greenwich sivect, from wiich place witness went home aud had his break. fast; went into the store about hall-past eleven about ten minutes to uwelye; Gibbons ordered them out, as he (id not want to have a row; and he then put the bars on the door; witness re- | Miained in the store until the lady came, and Gib- bens took down one of the bars tolet her in; when lwent out on tne sidewalk saw Wasn Murray strike the man while he was on his knees getting Up! Gibbons did not go out on the sidewalk; don't Kuow what became of the cart rung; the three men with Carnacon went away; witness had no ill-will toward Murray and never had any quarrel with him; witness was out of work cne week and had been in his last place seven montns, JOYCE'S STATEMENT, Martin Joyce, of No. 157 Perry street, was next examined—Was in Gibbous’ store at a quarter to twelve Saturday night; saw four men drinking at the bar; did not know any of them; they got growing among themselves ana (ibbons ordered | them out; they continued quarrelling on the side- Walk; Witness did not leave the store; Pertain came in and said ‘Mr. Gibbons, 1 betleve Murray Gibbons said to the man that he would not give any more drinks until the Jast ones were paid for; believed Le turned them out because tiey had not paid tor tie drinks; witness went out op the Charles street side, and the deceased mau was iyiug on Wash- ington street; Pertain and witness went ous | together and up to the barroom at Tenth and eat tuis action of the police authorities, which {3 | Robert | Christie, Theodore Frean and otuer well known | lawyers express the opinion that there was no more propriety in waking the arrests than there | wouid be in arresting the actors and performers | in theatres und circuses, and some of the indig- nant cilizens propose to take some legal action in | Hudson streets; Murray came there some time afterward and called for drinks; Pertain said to Murray in the barroom tuat he believed he (Murray) had kilied the man, aod Surray made no reply; wituess heard nothing further avout the occurrence until he was arrested in bons? store; first saw Murray that night in Gibvong’ at about twenty minutes to twelve; Murray was then asleep, lying On ihe table, and the nolse of the other men quarreling Woxe him up; Pertain was absent irom the store about two or three minutes vefore.he returned to say that blurray had kiiled the man. WHAT MULLEN HA$ TO SAY, Michael Mullen, of $42 Washington street, examined :—Went into Gibboas’ Saturday night last avnine o’clock, with John Carnacon: Murray. Whose name witness did not know then, was im the store and came up and. drank with us; there Was a discussion about the ‘iongshoremen’s strike, Carnacon pees 6 that every man ought to be allowed to work; three men came in and the whiskey went round “pretty flush,” aod there was more talk about the’strike; we went out on the sidewalk and the first thing witness knew was | that a man struck nim and he struck back; wit. living at No. 639 Washington street, who stands | ness did not understan’ what occurred then, vat charged with purposely placed her little daughter Carrie, four years of age, oma hot stove, thus literally roasting tol- her, The child lingered till the aay lowing, when death ensued. Most of the testimony went to show that. the prisoner, who has been intemperate in her habits, was sub- ject to fis, and that she had-one on that fatal | tavie; having on Friday of last week tne first thing he remembered next was that he saw his friend Carnacon lying on the sidewalk with lis face covered with biood; the other men had run away; witness | remained with Carnacon until the oficer arrived | and took both Carnacon and himself to the station house; never had scen Murray before that night; witness was under the influence of liquor when he entered the store, but was not drank; Murray sang a song ana then laid down on a bench or there Was no trouble between Murray and morning. The weight of evideace was in favor of Caruacon in the barroom; could not tell a word the prisoaer being of unsound mind aud therefore irresponsible for the act; in fact, no motive was | shown or the unfortunate woman committing the deed, but the jury, in their verdict, believed that Mrs, Gaynisch knew full well wnat she was doing when she placed her child on the hot stove. Dr. Comfort deposed that on Saturday morning | last he Was catled to see deceased and found her about why or how they left the store; was too much under the influence ot liquor to remember anything at all about how Carnacon received the blow; Carnacon was sober when he entered Gib- bons’ store. THE OFFICER WHO CAME ON THE SUENE. OmMicer Vanarsell, of the Ninth precinct, testified to having, With the ass‘stance or some’ citizens. stufering trom convulsions, the result of extensive | taken the deceased to the station house; ins at- burns; Mr. Gayoisch said sometaing about his wie burning deceased on the stove; deccased had been scalded la September aod the witness atvended her; when the witness was at the house on Satur- day last he heard various tints aod some accusa- tions made against the prisoner in regard to the burning of the child; de “t Was buroed on te jeet, legs and hips; prisoner told the witness that her child got burned while sue (prisoner) was in a fit. Teresa Donohue, living at No, 639 Washington street, deposed that ou Friday last she saw the | stomach contained a quantity of ‘ smelled of whiskey; he believed thot death re- ; sulted from compression of the brain; the injuries prigover in a iif, soon alter whic witness entered her own room and locked the door; svon heard the little boy cry out, “Oh, maria, take the baby off tne stove; the witness went out onthe fire | escape and saw the chila sitting onthe stove; the child wascrying to be taken off the stove; “Watch” and “Marder ;” opened the room (igor, but the witness did not go in; prisoner was shaking and irothing at the mouth when the-witness first saw ler, and | ner eyes were roiling wildly avout; prisoner aid not appear to act sensible when tue witness firat saw ir. Elizaoeth Doran on Friday morning heard de- ceased scream out, “Oh, mamma, take me off tue | stove and I will not tell papa!” Charles Gaynisch, the little sou of the prisoner, six years of aye, stated that his mother put de- | ceased on the stove and said she would keep her there till her father came home, Charles Gayniseh, father 0! deceased, testified that on coming home to bis breakfast on Friday | lying on | morning he tound fis child burned and the bed; the child put her neck and said, “Oh, papa, me; she pul me on the stove; arms around his a year; she Was addicted to drink, after which she would have fits; she 18 quick-tempered aryl violent when druuk; never kuew lier to harm the | children when she was in her right mind, Deputy Coroner Leo, who exu in Jact, absolutely roasted, and, im his opinion, deatn was due to shock and exhaustion, the re- sult of the extensive burns wiich she had received, ‘The case was theu given to the jury, Who 1en- dered the following 4 VERDICT: “That Carrie Gaynisch came to her deah by shock and exhaustion received on Friday morn- Ing, November 20, 1874, by belug piaced on a stove by the mother at 639 Washington street, and we i further unanimously believe that the n other of i was sensible at the time that sue The accused, a sad, downcast looking woman, of fair intelligence, is forty-six years o! age and born in Ireland. Sne pleaded entire ignorance of the occurrence which resulted in her child’s death. Thereupon the prisoner was committed to the Tombs to await the action ot the Grand Jury, Mr. Leo Schwab was retaine.| for Mra. Gavuisen, burned | valled medical | aid; witness has seen his wife in fits several times | eu the body of | deceased, testified that sue was feariully burned— | tention was attracted to himon the sidewalk by ; his heavy breathing; he saw no one at the place but a German Woman &nd Mullen, the jatter being | In @ state of intoxication aud enueavoring to get | Up out of the gutter betwee bbe curvstone and the truck. DR. MARSH'S AUTOPSY. Dr. Marsan, deputy coroner, testified that he had made an autopsy 0. the body at Beilevue Hospital, , €nd found the nose broken tn and the face lacer- ated; a large quantity of blood was in the back of the nead: the brain was Congested and the fluid, which might have been the resuit of a biow or fali, THY VERDICT, The Coroner then summed up the facts and gave the case to the jury. After about an hour's ceeauce the jury recurned the foliowing ver- et We, the tndersigned coroner's jury, in the case of the death of Johan Carnacon, find ‘that he came ty his death by a om a cart-rung in the hands ot George Washington Murray, on the vist November, 1874. ‘The jury would siate that they came to this conclusion on Mirect stumony of only one’ witness, named William . Per MURRAY ComMMITrED, The prisoner being asked by the Coroner what he had to say In reply to the accusation against him, answered througn his counsel, Mr. Schwab, that he was “Not guity.”” The Coroner then com: mitted Murray to the Tombs, to await the action of toe Grand Jury. Pertain, Joyce and Mutlen were sent to the House of Detention. ATTEMPT 70 I BOOAPE FR0m LUDLOW STREET A skilfully contrived and as skilfully executed plan to escape from Ludlow Street Jati was made on Thursday morning by Giovianno Malfonconni, an italian prisoner, held on an extradition pro- cess, charged with the murder of a fetiow pilot in Palermo, Italy, on the 18th of February, 1873; but, happily for the ends of justice, by the vigilance of the prison authorities the prisoner was recap- tured, and his effort to regain freedom by forcing the prison bars, instead of through the regular channel of legal process, was fendered futile, Malfonconhi has been in prison since the sth of October, and during this time he has been visited by no one ex- cept the members of ms rg" who reside im Van Brunt street, Brooklyn, and his counsel. About half past four on ‘Thursday morning the attention O/ one of the temale gervants of the prison was altracted by the efforts of a man to scale the (OONTINTED ON NINTH PAO?