The New York Herald Newspaper, December 11, 1874, Page 8

8 “THE MPKENNA MURD: The Prosecution Closed—Counsel Opening for the Defence, Henne Did Not Fall Till After the Third Shot Was Fired. - THIRD DAY'S PROCEEDINGS. The trial of Coroner Richard Croker for the shooting of John McKenna, near the corner of Thirty-fourth street and Second avenue, on the morning of the 3d of November last, was resumed yesterday morning in the Court of Oyer and Ter- miner before Judge Barrett, There was a large atcencance of spectators present throughout the day, probably owing to the fact that the prisoner and his witnesses would present their version of the affray, and that an eloquent review of all the circumstances from this standpotnt would be pre- sented to the jury by prisoner’s counsel. ‘Tne Court being duly opened proceedings were at ence resumed, COUNSEL'S OPENING FOR THE DEFENCE. Mr. Fellows, in opening the case to the jury, Bald -— GeNTLEMEN oF THE JoRY—It becomes my duty im the conduct of this trial to present to you the lane of delence which wul be pursued in behalf of the defendant in this indictment. I shall try, whether 1 succeed or not, to emulate the fair, lwpartial and just opening which was made by the District Attorney. I shall state to you nothing that the witnesses will not corroborate with tueir own lips. I shall not wander beyond the case, but consider those aspects of it which perhaps may have been brought to your notice and to Which your attention must more or less have been directed. The plain, direct, unembar- rassed question is, Whetner Kickard Croker shot | Jovn McKenna, and uf he did, whetver that con- stitutes the crime charged; because, if 1t should be shown that Richard Croker shot John McKenna, the second and gare question jor you to con- | sider should be the quality af the act ne did. That must be gathered from all tne lacts attending it, because noue will dispute the circumstances surrounding it and from all the | proposition that the taking of human lie without toe direct authority of the law is not always a crime. Before proceeding to the defence we may be enabled to congratulate ourselves, on the part of the prisoner, that he has been so lortunate in NEW YORK HERALD, FRIDAY, DECEMBER 1 | THE GREAT SCANDAL the ptstol toward him at tnat time. Many of the witnesses for the defence were supporters of O'Brien, They saw the whole controversy, and saw the man tall, when they saw that Croker had What vecame of Croker’s pistot if he Costello saw it black and Downing saw itsiivery and shining. The police officers were standing oy and immediately searched Croker’s ockets. Steve U'Brien thought it was given to | ickey, but there was no chance for it to go out of Hickey’s possession, as he too was im\ediately arrested. The men we shali introduce as witnesses are such as are entitied to your con- | fidenee. The brother of Bigin, the republican | candidate for Assembly, knows Croker had no pistol, Who did fire this shot? Many snots were fired besiaes those accounted for by persons who ran away, In conciusion, Mr. Fellows, prociaimed upon his honor that the accused was entirely in- nocent, aud they would prove it by the lps of disinterested witnesses. or eight feet, uptown side, from ; wean} fet sow O’Brien he was coming from ‘Toirty-third street, on the east side; he was then | below the shoe store; he was alone; Croker was on the sidewalk opposite me nearest the crowds be was talking to two men; don’t know either o! the Hickeys or Sueridan; after the first shot saw a man ire three shots; he fired tow: the cigar shop; he was im the direction of where McKenna day. % Who was that ? A. I don’t know, sir; never saw him be/ore; never saw him since; might know him again if I saw him; 1 took no notice ag to his appearance or dress; after he fired I moved away toward Thirty-third street; didn’t see any one go near McKenna totouch him or pick him up; heard only tour shots 1n ail. ‘Susanna Hoffman, aged fourteen, examined— Saw Mr, O’Brien and Croker near ‘mirty-fourtn street; they called each other names; O'Brien asked Croker what he was sone. there; saw O’Brien strike Croker and knock his hat of; [ Testimony for the Defence. EDWARD A. LUSK ON THE STAND. | ‘The first witness called was Edward A. Lusk, of | No. 33 Rast Thirty-first street:—On the morning | | orelection he was in tne vicinity of the scene of | the stooting; did not know either O’Brien or | Croker; saw O’Brien approach where Croker | stood; some words ensued, when O’Brien struck | Croker, and the latter returned the blow; O’Brien | aid not make any movement to retreat; when | Croker was struck his hat fell off; Croker | packed into the street, followed by O’Brien there | was a rush, several persons struck out, the police interfered, grabbed O’Srien and Croker, a shot was fired and a man fell; at the time the shot was fired Croker and O’Brien were about to trike | each other; netther O’Brien nor Croker had a pis- tol in their hanas; at the time McKenna fell his left side was towards Croker; McKenna fell at the first shot, ano that shot came from the direction of the car track, the uptown side from where Croker was standing. Here the witness was interrogated by a juror and asked to describe the position he occupied and the positions occupied by Croker and others at the time of the shooting, Which be did, After this the regular examination was continued, Witness—I did not bear O’Brien call for tue po- lice alter the shooting. Crossexamined.—I happened te visit a man named Higgins, and that 1s how I happened to be in | the vicinity; | visited a Thomas Hizgins, liquor dealer, who was working in the interest of O’Brien; 1 went to the poils at 6:20 A. M, Q. Explain now it was that you stood quietly looking at a man lying wounded on the ground | aud made no movement to assist him? A. T didn’t | KNOW aby Of the parties and didn’t want to inier- stooped to pick up the hat, and @ shot was fired and McKenna fell at my feet, and I dropped the hat l was picking up and ran bome; did not no- tice anything in the nands of either Croker or O'Brien. Q. You are positive that neither hada pistol? A. Yes, sir. The cross-examination of the witness was very brief and unimportant. OFFICER SMYTHE’S TESTIMONY. Charles Smythe called and examined (one of the officers of the Twenty-first precinct)—Was allotted to the Eleventh Assemoly district on the morning of election; saw Croker and Brien there that morning; heard high words pass be- tween tnem; looked into the polling place, turned Tound and heard a shot fired; waited two seconds and a half, then looked, and Croker and O’Brien | were facing each other; Croker was in the act of striking O’Brien; they were within two feet of each other; Croker and O’Brien had nothing in their hands; O’Brien said, ‘Arrest that man.” Q What did you do then? A. I arrested ind searched him on the spot; put my hand tn nis pockets and found nothing. Q. Was he in your custody all the time? A, I never took my hand off his shoulder. Q. Could he bave passed anything to any one during that time. A. He could not. Q. What did you do when you brought nim to the station house’ A. Il searched him thoroughly. Q What direction did the smoke of the pistol shot come trom? A. I didn’t see the smoke, Q. Did you hear any one say that morning ‘‘Ar- Test tiat murderer?” A. No; it was ‘Arrest thit Man;” never spoke to Croker till that day; saw pisiols in the hands of the other three men; we arrested the two Hickeys and Sheridan. By the Court—You say you saw turee pistols that morning? <A. Yes, sir. Q. What became ot these pistols, A. Two of the istols Were taken {rom the men at the station ouse. fere. Q. Was it because you had not been introduced to the parties that you would not assist a wounded | man? <A. Not exactly; but [ didn’t want to tover- fere; am confident that Officer Smythe grabbed at | Croker and O’Brien belore any shot was fired: the oMicer was standing bebind o’Brien and touched him on the shoulder; the tribunal before whom his case is placed. You | will bear witness that we sought only to put in | the seats you now occupy gentlemen of fairness and intelligence, and the District Attorney readily | co-operated. These issues have been discussed, | and in the public journals the case | mas been commented on, and judgments tJormed {from the idie and unreliable gossip of the streets. Now tor the first time tne defendant comes before a jury of his peers to have 4 trial void of prejudice, without any ieeling | or bias. Tne theory of the prosecution has been presented to you that this man coolly, deliber- | ately and premeditatedly, having murder in his | heart, took the lite of a human being. I should | call your attention to one or two legal proposi- | tions, first, that the act charged must be proved | beyond the possibility of any doubt, and it must be | proved beyond the possibility of reasonable doubt | that the prisoner at the bar was the one who committed that crime. I will call your attention to the testimony by which the prosecution have made out their case. It 18 just 1 should con- front the prosecution right here with the statement that we do not concede there could have been any mistake on the part of their witnesses, There is no room left here for that degree of mistake, doubt or uncertainity which | sometimes characterizes transactions of this kind. Un one side or the Other the witnesses here com- | mit solemn, deliberate perjury. Either the wit- hesses for the prosecu'ion are forsworn or the long array of witnesses whom we shall put to contradict every stavement pointing to the guilt of this prisoner will have cowe here ior we pur- pose o! ioading their souis with the crime of per- jury. There can be no possibility of doubt either that Croker did or did not shoot, and we deny that | Croker had anything to do with the shooting any more than had either of youor the Judge upon the Bench, except that he was contiguous to the place where the man was shot. To prove that Croker did the shooting they have called two witnesses and only two, and they are brothers, James and Stephen O’Brien. These are the only swo who testified that Croker fired the shot at McKenna. Boch these testified affirmatively and | decisively to that effect. All the others who saw the pistol, as they say, In Croker’s hand, were not boid enough to say that he fired the shot. But these two witnesses will ada- mit no possivility of mistake. It vecomes necessary to call your attention to tne witness, James O’Brien. ‘om the moment he opens his mouth to begin he is contradicted in very many points. He testified that he was going by in a car, when Borst beckoned to him. He 1s contradicted by Borst, who said he saw bim on the opposite eide of the avenue. We bave shown to you the importance of the contradiction dy reference to the fact, which will be more directly proved, that a@ gang of ruffians in the interest of James O’Brien, were there todo bis work, and had begun that morning their nefarivus acts—the men, who the | might before kept their drunken revels at a place | they did not dare to name when upon | the stand; the mea who bear significant aliases, not one o! whom, if we may judge by their popular | tities, but is @ well known ruMan or pronounced thief. These men, who took breakfast that morn- ing at the Jackson Club, were walking along the une of that avenue, and we have succeeded in showing {rom them some of their acts. Now, it | became important for Brien, In order to give his | testimony the stamp of authority, to show you that ne Was not acting with these men that morn- ing, Was not conscious of their presence, and was not within easy call and beck if they spould ial | ito troubie, and he would have you believe he was a passer-by, having no cognizance of the pres- ence of these men. ‘hey would have you be- | Neve that these men, with these strange names, came there early in the morning without concert | of action, withont any understanding with each other or wisn expressed on the part of O’Brien; but all met there by accident, and had been walk- | ing in groups from politng box to polling box by accident. And wherever they are found an O'brien is found with them. When they met | Croker James U'Brien was within bailing distance and crossed over immediately. When Luke Casey was knocked down that morning Larry O’Brien was there, and Steve O’Brien toic you he made | two assaults that morning. Wherever these men | were located you find an O’Brien with them. On | the morning in question, or on the night previous, Rotice had come vo certain parties, and among others to the Police Commissioners that tuese party ruffians would be m that district the next morbing, and to be there for the purpose which it is manifest to you they went for; and this defend- | ant called on the police department and begged | their intervention on benal! of good order and Peaceful election that morning. Knowing what | Was the purpose of these men a police force, in | the judgment of the Commissioners adequate, ‘Was sent there, but disturbances began betore tne 8 opened and continued through the day. hese men went through the avenue knocking people down here and there and veating many severely, turning over the boxes | and destroying the tickets. Croker was promi- nently opposed to O’Brien in politics, and in- terested toat his political [riends had an un- obstructed opportunity of voting. Here these partes were engaged in these acts of violence. Croker went down the avenue lor the purpose of stopping them. The two he first met were Borst and Gostei He knew the character of these men; know they were not residents of that dis- trict, and knew what they were there for. He told them they had no busineis in that district and snouid be ashamed to come there to do their villanous work, and that if they didn’t take their gang of thieves away be would see that ior tueir day’s work they got into State Prison; while the conversation was going on Borst beckoned to ’ Brien; be came across, und an angry altercation ensued between them, and finally O’Brien struck Croker apon the head; Croker replied, hituug O'Brien upon the lip; then they clinched; the police rushed where they were, and before ® shot was fired stood right by the parties and attempted to separate them, when the shot was fired and McKenna fell. Immediately other shots were fired—seven or eight in all—rapidly, with scarce an oppor- tunity to count the number. At that time Croxer and O'Brien stood face to lace, close together, if Mot actually grappled with other. At that fame the pelice officers were standing there ior the purpose of stopping the nt, The District Attorney iatled to put any of them on the stand, except one who came there after tne shooting. We will puton the stand every policeman who Was present, Iwant to call your attention fo what is to me an extraordinary and unexplainable fact. Who were the (wo central figures in this oc- currence? Who were the two men to whom ail eyes of standers by were dtrected? Who but James O’Brien and Richard Croker, the defendant? Every eye was directed to them. Nobody dreamed that @ pistol was to be pulled, and nobody saw & Pistol while the fight was going on. Not a@ soli- tary Obe but the O'Briens testified that Croker fired. We will put on the stand tuirty witnesses, ‘who stood by and saw every particie of the trans- action~—and some o! them saw the shooting that did hit McKel and will describe the man—and these unimpeachable Witnesses will testify that neither O'brien nor Croker had a pistol, and thas it was not possible ior them to have had @ pistol without their If Croker had murder in his heart and a pistol in his pocket, according to the theory of the prose- cution, and designed to take some life, npon whom would that design naturaliy be executed? Who was his enemy? Who was there that haa given him cause to use the weapon, if any cause existed? Between whom and him existed the hit- terness of a feud of years? At last they were in each other's grasp. Did Croker turn away from O’Brien and shoot down & man be had uever seen be.ore? This was no accidental shot; O'Brien wetted that jor the prosecutto: He said ne saw Croker take ain, anc that ne eons pot uy any posmbiuy bave directed | keeper, but not doing any business at present; | | after ti seeing it. | O’Brien looked over his shoulder, ‘hauled | of and struck Croker; he did not observe any | shooting in the direction of the fallen body; did | not see eituer Stephen O’Brien or Craig approach | McKenna and run back on account of the shooting; | McKenna lay on his face and then rolied over on | his back beiore any ope came near him, and wit- | ness was Wondering how no one went to help him | for fully five minutes, and if either Stephen O’Brien or Craig went near the body witness would have seen them. In reply to Judge Barrett, the witness said he was looking at Croker’s hands aii kept his eye on them all tie time; saw DO pis. | with bim. To Mr. Rollins—I was standing about eight tect nine inches fromwhere the body lay, and tue | blood was on the ground; I measured it aiter | Was subpoenaed. | ‘To a Juror—I measured with a foot rule, anc it was eight leet nine inches, as well a8 my Liemory serves me; 1 made no memorandum oi it. Mr. Roluns—Why did you measure it? .\. Be- cause I expected to be asked the question, | Judge Barrett—What was there to indicate the | spot on the street? aA. Il remembered the spot | and measured to it, ‘The Court then took a recess. After Recess. TESTIMONY OF HENRY G. SOMERS, Henry G. Somers, 245 East Thirty-iourth street, called and examined by Mr. Wingate—I am a bar- on the morning of the election went into a sta- tionery store on Second avenue, near Thirty- jourth street; alter I came out heard a shot fired; | looked in the direction and saw Croker and | O’Brien; I saw them strike at each other; they | were about a foot and a@ half apart; neither had | any weapun in bis band that I saw; aldo’t sce McKenua till after he teil; I think his right side was toward Croker and lying to the north of O’Brien and Croker, about the same distance | trom either; the iatter, to the best of my opinion, | was standing on the flagway. (Witness indicated on the diagram the position of McKenna with reference to Where Croker was standing.) Left the | | crowd as quick as I could; McKenna’s head, alter | | he oe Was avout three fevt irom where Croker | stood. | | CROSS-EXAMINED. By Mr. Phelps—Was employed in Saratoga last | summer; leit there in Septemver; had no situa- | tion since; was not engaged on election day at the polis or otherwise; know Coroner Croker by sight for two or three years; there was no scuffing | or fighting to attract my attention; the first that attracted me was the report o1 a pistol; up to that | time I had not seen Croker; had seen O’Brien previous to that; when I first saw Croker he was Standing in front of O’Brien; no one was between them; alter the shooting some one caught Croker | by the arm; the party was standing close by | Croker at the time; @on’t know what became of tnat party aiterward; heard in all about seven | shots; aid not see apy pistols with any one; was engaged while in Saratoga at the United Sta Hotel; bad some money coming home, and have done nothing siace; know a barkeeper named James Fogarty; did not tell him that I had read O’#rien’s testimony in the newspapers, and what he had stated corresponded exactly with wnat | had seen. | To Judge Barrett—I understood that all the persons, McKenna, Croker and O’Brien were on | the sidewalk; did pol see any one assisting Mc- | Kenna; saw several step over him but did not know who they were. | Q. Where was Croker at that time? A. I believe | he was in charge of the officer. | Q. Did Croker step over McKenna’ A. No, ey, went to assist or pick up McKenna till ¢ firing was over. TESTIMONY OF JAMES CONWAY, | James Conway called and examined—Am a truck driver, living in East Thirty-minth street; on the morning of the eéiection was standing on the northeast corner of ‘Thirty-fourth street | nd Second avenue; saw O’Brien and Cro- | Ker standing on the southeast corner of | the street; they were talking, but could not hear what they said; the first I noticed was O’Brien striking at Croker and Croker striking back at O’Brien; they were then in tront of the telegrapo pole; ran across the street toward them; then heard a shot; at that moment O’Brien and Croker were sparring at | each other; the first I saw of McKenna was when | he was Jalling in tue street; he seli eight or nine | feet from the curbstone; to the best of my opinion | there were | THREE SHOTS FIRED BEFORE M‘KENNA FELL; | the shots went off very quick, | Did you see anytbing in the hands of O’Brien or Uroker? A. I did not. | Q Coula you buve seen anything in their hands if they bad (hie y Bs A, Yes; they had Lochs in their hands that | know ot; sometimes they nad | their fists shut; Croker, at the time of the shoot- | ing, was standing on tue down side trom where | the shots were fired. | Cross examined—No one fell when I heard the first shot; the toree shots were as quick as that | (witness ‘strikes his hands quickly together | | three times); theré wasa man there with a pis- tol; Idon’t know who he was; whoever theman was McKenna was rigntin front of nm when he fell; knew George Hickey when ] saw him at the Coroner’s inquest; he also had @ pistol; the other man that had @ pistol was a dark complextoned man; O’Brien and Croker were not fighting wien the shots were fired; a policeman had separated them; that was before the first shot; the police- man was on the sidewalk at the time; the police- man raised his club and some one caught bold of it; saw nothing in Croger’s hand; if he bad a pis- tol would have seen it. Q. Did you see any one fire ashot? A. | did not, ‘To toe Court—Tlo the best of my opmmion, it wus aiter the third shot that McKenna fell. | Q,. Are you very positive now that McKenna did ‘not fail until alter the third sot Was flieay A. io | tue Cesag of my opinion it was after tue third shot he Je! | _@ Did you see Croker between the first and sec- | | ond snots? A. Ldid. | Q Were you looking at him when the thira shot | wus fired? A. [had him in my eve ali the time. By Mr. Roluios—Were there Dopersons between you and Croker to prevent your seeing him ali the ume? A. There were plenty of peopie there, but | they were not 80 tick a8 to prevent me seeing hum; there were other parties fighting witn their fists on the sidewalk, and they lought and mussed | into the street; saw George Hickey with @ pistol | and another man With @ pistol in bis hand woom | | don’t know; they stood in the middie of the | street after the shooting By the Court—Did you hear Hickey that had the | | pistol say anything? A. Steve O’Brien stooped to | pick up a stone, and Hickey said to nim if he didn’t | throw down that stone he was aot airald to shoot | him. | TESTIMONY OF PATRICK BRETT. { | Patrick brett, residing at No. 304 East Thirty- | | fourch street—Was in the neighborhood of the | affray on election morning; Croker I first saw, | and soon alter O'Brien came up and O’Brien called Croker @ dirty repeater; O’Brien struck Crok a Knocked fils hat off; ker then siruck bi at him; a8 they backed awa ‘a ashot; Mc- | | Kenna came from East Thirty -Oft! eet,and [ then heard @ shot and saw McKenna fall; that was | | seven or eight feet from O’Brien and Croker; they | were engaged in the fight; it was whenl heard | | the first shot | saw McKenna fall; he fell immedi. | | ately after the first shot; O'Brien and Croker ha nothing in their hands; could see them piainl. | MeKenna was on the ran when he was OL; | Oroker was arrested right after the shot; the policeman hadn’t hold of him when the first snot | Was fired; the smoke of that shot came irom the | northwest, ' Cross-examined—To Mr, Phelps—The policemal that siezed Croker ran up irom the poping, place the policeman passed O'Brien te seize Croker: | McKepng at what ume was iniag om whe street | | other mens that I was luck: | would be ashamed to look Senator O’Brien in the | street and Fourtn avenue. | Coyne, in his liquor store, No. § Hamilton ave- | Dears the reputation of being a worthiens, dissi- Q, What became of the third pistol? A. 1 don’t know. Cross-examined—Know Sergeant Randall; told him the same story I told h re, that I didn’t see the shot fired, and that I didn’t'see a pistol with | Croker; there was no person present when I spoke to the sergeant; I know aman namea Patrick Martin; told him I saw pistols with these not to be shot my- self; that 1 had been burned on the ear with the powder. Q Tid 700) see any shots fired? A. Yes; saw George Hickey fire two shots, and saw Sheridan fire three shots; Hickey fired in the direction where McKenna’ lay; cannot say positively that | Craig was beside McKenna lifting him at the time. Q. Did you say to Sergeant Randall you nad Croker ‘deac?”? A. No, sir. ome you say that you saw Croker dre a shot? A. No, sir. Q Did you say that you feared to come here and testify that Croker had a pistol? A. No, sir, never said anytuing of the kind; never said i face for saying Croker had no pistol; Croker said to me when I was bringing him to the station, that had better hurry to the station house or | some one of the crowd Would shoot him. 4 Was O'Brien excited? A. Yes, he spoke ina | loud Cone, but not particularly so; O’srien was on | the sidewalk at the time; McKenna lay about three or four feet irom the curb, with his head toward the track and his feet toward the side- | | | | | | | waik, | Q. What did O’Brien charge against Croker in | the station house? A. He didn’t charge him with anything; he charged the four prisoners with , murder; the charge in the station house was for murder against the Jour, not against any one in | particular; was at the station house when Craig came; Croker was also present; didn’t hear Craig | Make any accusation. | By the Court—You can swear that you saw | Sheridan fire three shots? <A. Yes. | Q. Do you know what became of the pistol that Sheridan fired from? A. No, sir. | Q. Do you know the fact that the pistol that was taken from Sheridan in the station house had only | Oue barrel discharged? A. I heard of it. | Q. And do you still adhere to your statement | that you saw Sheridan fire three shots? A. Yes, | sir. Q. Then the pistol taken from him at the station | house could not have been the pistol you saw him fire from? A. I don’t know anything about that. | Q. And you don’t know what pistol it was that 7“ taken irom Sheridan in the station house? A. | No, sir. Q. Do you know how Sheridan got possession of that pistol that was taken {rom him in the station house? ‘A. No, sir; I don’t know anything abvut at. To Mr. Ciinton—Knew Mr. O’Brien for ten years; knew nim intimately for two years. Q. Did he put you on tee police? A. Yes, sir, Q. You don’t Know Croker? A. No, sir. TESTIMOMY OF PETER FARRON, Peter Farron testified—On election morning he Was at the corner of Thirty-iourch street; saw ihe meeting between Croker and O’Brien (witness de- | scribed a3 the other witness the encounter) ; heard the first shot; McKenna did not fall at the | first shot; to the best 0: my opinion he didn’t fail | till the third shot; I state positively that neither | O’Brien nor Croker had a pisiol in bis band irom the beginning to the end of the affair; didn’t ex- | actly see their hands all tue time. Cross-examined.—Q. If you didn’t see their nands all the time, how can you swear neither had @ pistol from the beginning to the end? A. I swear neither of them nad, for they had no time | to do away witn them. | Q. What did O’Brien do afver the shooting be- tween himself and Croker? A. He cried out “Po- lice” and *‘Murder.!” Mr. Rolling—Arrest the murderer? A. Yes, sir. Mr. Wingate—He doesn’t say ‘Arrest the mur- derer?” Mr. Rolltas—Tnat’s just what he does say. Patrick McGowan, aged fiiteen, testified—Saw O’Brien and Croker clinched; heard a shot fred by atall man; O’Brien and Croket were on the street clincning; when I heard the shot fired I saw tue man fall; [ran home and three or more shots were fired; the shot came irom the crowd, not from O’Brien or Croker. In the cross-examination it appeared that wit- ness did not know either O’Brien or Croker, but in telling what he knew to his father he was told the little man was Croker and the big man O’Brien. Before leaving the witness box the Court asked the witness ifhe saw Mr. O’Brien in the court. Witness. No. . Q. Do you see Mr. Croker? Witness nodded he \d, ‘The Court—Go over and put your hand on Mr. Croker. Witness at once went over to where Mr. Fellows t and identified him as Croker. Mr. Feliows—Your Honor | withdraw my plea of not guilty and plead guilty. (Laugnter.) ‘The Court then adjourned till this morning at ten o'clock. CORONERS’ OASES. Michael Mulvey, fifty-two years of age, by occu- pation @ Nquor dealer, died suddenly at his rese dence, No. 317 Bast Forty-third street. An inquest | will be held by Coroner Kessler, who was notified. Ovto Miller, @ child, only sixteen months old, died suddenly at the residence of his parents, No. | 162 Ludiow street. Coroner Kessler was notified. | Mrs. Ward, &@ woman sixty-five years of age. without home or means of support, employed at No. 825 ond avenue in assorting rags, died | suddenly, ‘The body was sent to tne Morgue and Coroner Kessler cailed, George Grogory, a single man, forty-three years | ot age and born im Ireland, died suddenly at No. | 206 Kast Broadway. An inquest will be held by | Coroner Kessier, Richard Thomas, @ young man twenty-one years of age, died in room 5, ou the third Noor of house No. 753 Tenth avenue, of smallpox, without medt- | cai atvendance, Coroner Kessier was notified. Coroner Woltman was called to the Park Hos- pital to hold an inquest on the body of Ellen Dono- hue, who died from exhaustion. dames McKeever, @ lad thirteen years of age, died in Bellevue Hospital of tetanus, the result of rojuries received some days ago by running a nail in one of hig feet, Deceased lived at Filty-third Coroner Kessier has the case in charge. THE SOUTH BROOKLYN MURDER, The Coroner's Jury Convict Dou, ot Shooting Thomas Coyne. Yesterday alternoon an inqaest, as to the cir- cumstances attending the killing of Thomas ty nue, was concluded before Coroner Jones and @ ju Deceased was shot, as previously reported, 0 inuay evening, and died the following day. John Dougherty, a Belt Line car conauctor, was arrested for the offence at the time. The pris: oner conteuded earnestly that he did not have the fatal pistol In mis bava the time the shot was fired which penetrat the neck of Coyne. Wiliam Banks, @ witn at the inquest, swore that he was in an ment just off t barroom when he heard the shot, He saw the prisoner leaning over the bar with the pistol in his hand and pointing it at de- ceased, who at the moment was lying on his back on the foor. William J. Monahan was also in the back room at the time, and saw Dougherty in the attitude described by Banks. Other witnesses corroborated the testimony on this point. The verdict of the jury was to the effect that the vic- tim came to his deatn by a pistol shot wound re- ceived at the hands of John Dougherty. The ac- cused, who is about twenty-eight years of age, has @ wife and ehild sojourning in the Almshouse. He pated man, whose face has been familar to the keepers of the Raymond Street Jail for the past year, Argument Touching the Bill of Partienlars in the Tilton-Beecher Case. The Plaintiff Unable to Give Any Fur- ther Times or Places. The bill of particulars was again in the City Court of Brooklyn yesterday forenoon, Pursuant to order of Judge McCue, issued on Monday even- ing last, a8 soon as the decision of the Court of Appeals was made known, the counsel on both sides were present yesterday before the Special Term of the City Court, The spectators were for the greater portion members of the Bar. Mr. Til- ton, the plaintiff, was present with his counsel, Samuel Morris. Mr. Beecher was represented by William M. Evarts, General B. F. fracy and Thomas E. Shearman, No ladies were tn Court. Judges Neilson and McCue took their seats on the Bench shortly after ten o’clock. Mr. Shearman moved that the plaintiff be called upon to show cause why he should not furnish & Dill of particulars specifying the times and places at which the alleged adulterous acts took place between the defendant and the wite of the pain. tif. Ex-Judge Morris on behalf of plaintif then read the following afidavit setting forth the PLAINTIFP’S KNOWLEDGE OF THE CASE, Orry Court oF BRooKLN—Theodore Tilton vi Henry Ward Beec City af Broo 8. xine County—Theodore Tilton, the above named plainuft, being duly sworn, deposes :—That the sm total of the knowledge Now possessed by him of the sexual intercourse between Henry Ward Beecher and Elizabeth R, Tilton, and of the times and places hereof, consists as tollo Mi ‘Airet—Confessions of the said sexual intercourse made by Henry Ward Beecher to Francis D. Moulton, kmma K. Moulton and Theodore Tilton and others, ‘Second—Contessions of the said sexual intercourse made by Elizabeth R. Tilton to Emma R, Moulton, Mar- tha B. Bradshaw, Florence Tilton, fheodore tilton and others. Third—Written and printed papers, documents and let- ters by Elizabeth . Tilton. our —W sean and printed papers, documents and letters by other persons. i ‘Sarthe ACLs, declarations and conduct by said Henry Ward Beecher and &. K. Tilton, respectively, tending to prove such sexual intercourse Without locating it in any time or place, Seveath—And various coe direct proof derived trom fi written papers and documents ot the said Henry Ward Beecher and of other persons communicated to him and adiniasible against him, ‘And deponent further says that the aforesaid confes- sions made to others than this detendant did nut, to this dcponent’s knowledge, nor aid any or either of them speolty any time, when oF place where any sexual in- tercourse between the said detendant andthe wife of tunis plaintiff occurred; that the contessions so made to this deponent named but two specific occasions and bat mstances not amounting, te ¢ acts, oral declarations an | two places when and where such intercourse was had— viz., in and at the house of said detendant, in the city of Brooklyn, on the 10th day of October, 1863, and the others at the bouge of ‘this plaintiil, ia said city, on the 17th of October, But this defendant is not absolutely certain that the above are the precise dates given by suid confessions, Dut is positive that they were about and very near to those two days. Nor is this deponent positive that the laces assigned to these dates were as above stated, it ing possible that the intercourse stated above as oc- curring on the loth of October, 1868, 24 have been at the house of this Goponenk and that on the 17th of Octo- ber at the house of this defendant. ‘And this deponent iurther says that the confessions so made to him admitted various acts of adultery by the said defendant with the said wile of this deponent, be- tween the said 10th of October, 1868, and the spring of 1870, but did not particularize any ume or place other- ‘Wise than as above stated. ‘That this deponent does not expect to be able on the trial of this action to prove by any eye-witness any such intercourse or to prove any definite time or place when or Where such intercourse occurred, except by, the confessions aforesaid, and that the is only proof of tie adultery chargea by’ the complainant within the control or Knowledge of this deponent or which he ex- pects to be able to offer upon said trial, and this depo- nent 18 unable to furnish any further or other state- meut “of the particular times and places at wnich he expects or intends to prove that avy such acts of adultery or criminal intercourse took place between the etendant and the wite of the plainuil” than is above gt And this deponent respectfully says that any order for the particulars, as prayed tor by this motion. which shalf preclude ‘this deponent trom maintaining — this action by proof of contessions, acts ant declarations and Other testimony tending to prove the aduliery in the complaint, although such evidence may not indica’ the ‘time ‘and place of its commission, would depri this deponent of material testimony, and as he is ad. vised by his counsel and believes, wouid injudiciously and unjustly restrict his legal rights, and he therotore Tespectfully prays and insists, in case this Court should grant any order for particulirs, that a clause may be inseried therein to the following effect, viz. : But this order is not to be so consirued or applied as to prohibit the plainuff on the trial of this action from introducing evidence of confessions, acts, declarations, ‘writings and documents, whieh may be deemed admis- sible under the general rules of evidence, as if this order had not been made, and which do not in terms reter to any particular act or time of adultery, but proving by such evidence the adulterous intercourse charged in the complaint, although it may not thereby appear to have been committed on any particular day or atany partic. ular place. LHEODOKE TILTON. ‘Sworn to before me, this 10th day of December, 1874, Gongs W. Ropenick, Notary Public. Mr. Shearman then arose and said he nad pre. pared an order, which he hoped to be permitted to introauce, so that the times and places should not pe vaguely referred to. THE ORDEK PROPOSED BY THE DEFENCE. At a special Term of the City Court of brooklyn, held at the Court House, in the city of Brooklyn, on the ltn day of December, 1874 Present, Hon. alexander Mc- Cue, Judge. Ward Beecher.—On readin: Theodore Tilton vs. Hens uf "fnomas G, Shearman, verile and filng the affidavit of December 7, 1874, and the attidavit of the defendant and of O. J. Clauson, verified October 17, 1874, on the part of the detendant, und the affidavit of Theodore ‘tilton, on the part ot the plaintif, and on the order to show cause granted here December 7, 1874, and the Temitittur from the Court of Appeals on the appeal from the order heretoiore made in. this case denying the motion for a bill of particulars and after hearing ‘Ihomas G, Sheari . Ben} in -y and William M. Evarts, of counsel toF_deiendant, and Samuel D. Morris of coun- gel for plaintiff, 1t 1s now ‘on motion of counsel for de- fendant ‘Ordered that the plaintiff furnish to the defendant's attorneys forthwith, and at least three clear days before the conmeucement of the trial ot this action, @ state- ment of particulars, verified by the oath of the piainuft, setuing ‘torth the’ particular times and places at ‘which he expects and intends to ofer proof that any criminal or improper, act occurred between the de- fendant and the wile of the plainutf, and that the plain- tif be acd he hereby is precluded from offering any evidence at the triai of this action tending {o prove the occurrence of anv such criminal, wrongrul or improper actatany other time oF place thas such as shall be speerficaily set forth in the sald statement of particulars, ‘But this order is not to be construed as preetuding the plaintiff trom giving evidence of any aileged confey- Sion on the part of the defendant of any suen criminal, wrongiul or improper acta, in which alleged contession no particular time or piace shall be alleged to have been referred to. Mr. Morris said what they proposea to do when tkey went to trial was to produce all legitimate evidence, 80 that the Jury shall not say we find de- | fendant guilty of adultery, but the time is not pro- duced. Tney did not want the jury to say that the time cannot be reconciled. To consent to the proposed arrangement b: side would be to prevent the plaintiff from nonin into court and going beiore the jury with fn- shackied hands, Mr. Evarts replied, saying:—The acts of adul- tery—that 1s, the time and pl of their commis- ston—should be shown with reasonable certainty. It might be, say, On & journey at sea, as in the Queen case, during @ voyage on tne Mediter- ranean. Tve jury could never come to a conciu- sion that the offence was committed in general without specifying time or place. * They had never entertamed or expre any unprotessional virus in this case, but wanted to have set jorto the facts upon which the legal evidence is to bear. Mr. Morris said that under this restriction the jury are required to find that the act was com- mitted on a particular day. ‘Ihe Jury may be unan- imous in the op:pion that the defendant is guiity | of aduitery, and they may be unanimous in that they cannot find that the act was committed on @ particular day, and 60 rendera verdict. All he aeked was to have the issue met Jairly, where legitimate evidence can be taken. r. Evarts replied that there is no such thing as @ unanimous opinion of @ jury that adultery nas been committed, without any opinion o: the jury that it has ever been committed at a particular | ‘There 18 no such thing as @ conciu- sion of adultery, without @ conclusion as to the fact a8 produced in proof, having occurred, and if it occurred, it occurred at some time or place. ‘This is within reasonable limits. Judge McCue said that plaintiff would have to show tbe commission Of actgol adultery within a reasonable margin of tu and circumstances, though not, perhaps, the exuct date. Mr. Morris said when they went to trial they did not want to have the jury toid:—“You must find, in order to give @ verdict for plaintiff, that the adultery was committed on toe particular day or date, or about the particular day.” The only is- sue is whether defendant has committed adultery or whether he has not during the period alleged in the complaint, Mr. Shearman replited, presenting a series of precedents showing that from time immemorial bills of particulars bad been granted, A man may be justified in coming into court with an action upon @ contract on the price of groceries, or upon a butcher’s bill, without being quite certain that he has witnesses to prove precise and specific facts; but when he comes into court with a charge hike this, that either brands with infamy nis own wife, or brands With @ thousand-iold infamy his own brow, courts have always required him to prove when and where the offence was committed. Mr. Morris again fgg against the imposition of ni restrictions upon their case. conclusion—If the plaintiff 1s prove any acts of adultery, within the general ru of law and evidence, this case must be dismissed with a verdict for the de- fendant, When the deienaant has met the specific el es which have been made ageinst him, and has got @ verdict in his favor, then ft is time to bring forward other charges. The Court is not asked to put restriction on the jury; but this mo- tion is that defendant may be advised of the pro- miscuous acts and conduct, engaged affection, habits and relations, at variance with the ordinary proprieties of the life of the parties bearing upon this particular tact; that the time and place rea- sonably ascertained may be properly brought to bear upon tue jurors, Now, my learned inend says that tt 18 Within @ period of sixteen months, and that that 1s not @ very large range for a man to be ,mrepared to mret wiih evidence, And now wa time or place. counsel on the other | 1874.—TRIPLE, SHEET. we aro striving to get plainud has no knowledge and no facta that will prove adulterous connection except at the times and places named. Weil, that to be certainly @ Very grat ig thing to him. “We have had vague notions of long continued adul- terous connection, but now we are told there is no evidence, no Kapwiedge con- cerning the time and place, concerning the range of it, that goes beyond tne reasonable em! @ of these periods. We have no desire to hi a@py Unreasonaple limitations placed upon them, But when shis has been acknowledged by the plaintiff then to be met with the charge o! adultery from the year 1863 to 1869, 1s simply an introduction into the trial of @ tact that 18 not within the cause of ac'lon as now proposed and now exposed by a bill of parucalars, Now, I submit that in that Judicial diseretion that Your Houor is to exercise the case is such that @ bill of particuiars is proper. That it has been contested in this case mukes it more proper, and it 18 only for Your Honor to say that it 18 a reason- able provision that its limitation be provided as not to be construed as suppressing any evidence bearing upon that point. Mr. Morris—That is just what we are claiming here. We claim thut we may be permitted to go to trial, governed by the relations of evidence and the general principles of law, and it 1s just what they are trying to prevent us from having. They are trying to propose restrictions. Mr. Evarts—I must object to this, I rest the case. Judge McCue then took the papers and reserved his decision, THE NEWABK RING TRIALS, The Jury in the St: by-Young Case— A Nolle Pros. in the Springfield Ave- nue Case. The fact was recorded in yesterday’s HERALD that the jury in the Statnsby-Young conspiracy trial were discharged on Wednesday evening, having failed to agree after a deliberation of about thirty hours. As a matter of course, this result is most unsatisfactory on all sides; unsatisfactory to the friends of the accused, who have all along tn- sisted upon it that the latter were entirely innocent of wrongdoing, and were merely the victims of political malignancy, and unsatisfactory to the great masa of People, who have had abundant reason to of the trusts reposed in them. In regard to the standing Of the jurors on the case, Mr. David Col- ins, a republi member of the jury, says they stood nine for acquittal and three for conviction; »but the foreman, Mr. Waldo B, Tichenor, and Mr. M. J. Baxter, an- other member, declare they stood six tor conviction, five for acquittal and one undecided on going out and on coming in, though the inter- Vening ballots snowed considerable changing, so that all parties may be technically correct. As the accused insist upon their innocence and the prosecution their guilt it ig probabie @ new trial ‘Will be ordered at the next term of Court. THE “OMNIBUS” CONSPIRACY has been cmposes of by the State entering a nolle proseant, This ts the famous Springfield Avenue teliord Pavement Company case, in which Alder- man Stainsby, Chief of missioner Sullivan and a batch of inspectors aud contractors stood charged with conspiracy to de- fraud the city. The trial lasted sixteen “ays, cost several thousand dollars and likewise ended in a disagreement. ALLEGED WIFE MURDER, A Man Charged with Fatally Beating His Wife—The Husband Arrested. Early yesterday atternoon Mary Giligan, a Woman thirty-seven years of age, and born in Ireland, who, with her husband and seven chil- 32 Thompson street, died under circumstances which raised very strong suspicions that her nus- band, John Gillgan, was the cause of her death. Mrs. Gillgan, who was a very intemperate woman, it appears left home yesterday morning, and re- turned about half-past twelve o’clock P. M. much in- ebriated. She proceeded to the room where her husband was, soon alter which he expostulated with her, and some hard words followed on both sides during tae altercation. Mary Gilligan, the little daughter, seven years of age, says her jJather struck her mother first on one side of the thereupon the blood commenced to flow, alter which she fell to the floor. At this the husband becamed alarmed, and ran for a doctor, but when he returned some oue trom the inside had locked the door and he could not re-enter his room. Soon thereafter, however, Gilligan yo ed admission to his room, and Police Surgeon K making his ap- pearance about that time, examined the dying woman, and found excessive .hemorrhage from the abdomen. Mrs, Gillgan sank gradually and died at half-past one o’clock. Captain McDonnell, of the Eighth precinct, despatched officers to the house, aud, after arresting the suspected uusband, conveyed the remains of his wife to the station ouse, Gilligan, who made no attempt to escape, denied kicking or striking fis wile, but admits giving her &@ push just previous to her falling. While Police Surgeon Cook was in the house he ceased was stapaing on @ ladder whitewashing the ceiling of her room, when she fell astride the back of a chair, and thus received injuries which caused the hemorrhage and subsequent death. But the real facts will be developed during the ofictal investigation. Last evening Coroner Woltman itmpanelied a jury 1n the case, after which he ordered the body to | be sent to the Morgue, where Dr. Marsh will make an autopsy to-day, That death resulted trom hemorrhage there remains no doubt. Gilligan, who seems to be a temperate man, has been employed at No. 203 Ventre street, corner of Howard, jor fifteen or sixteen years. BOARD OF ALDERMEN, Receipts of the Burea enue—Expenses in Reception of the Lord Mayor of Dublin. Aregular meeting of the Board of Aldermen was held yesterday afternoon, Alderman Flana- gan in the chair. A communication was received from Comp- troller Green, giving requested information as to receipts and expenditures of the Bureau of City Revenue, showing thas the receipts were :— $1,378,345 98 1871. 1,167,949 89 1872. $160,242 02 intrusted the re- Aldermen Billings, Gilon and Lysaght and Assist- ant Aldermen Healy, Clancy and Simonson) re- ported in favor of paying the bill of expenses, amounting to $2,799 25, The principal items of this bill are as jollows:—Printing, $83; General Pinkney disbursements, carriage hire, &¢., $59; September 26, 1nomas Canary, Lord Mayor of Dub- lin and friends, twenty coaches, at $15 each, $300; Delmonico, September 24, lunch for Lord Mayor of Dublin $1,800; H. N. Leadbeater, coaches, $74 25; O’Brien’s band, $148; Grafulla’s band, $160; steamer Wyoming, excursion, $148. Alderman McCafferty moved that the musket racks belonging to the city and now in possession of Tilden & Co. on storage, be delivered over to the Old Guard jor their use. Alter some discus- sion this resolution was adopted. A communication was received from the Mayor Common Council of Long Island City, in commem ration of the death of Mayor Havemeyer, ‘hese resolutions were ordered printed, together witn other proceedings in relation to the same event. A resolution was passed requesting the Com- missioners of Accounts to investigate the aifairs of the Department of Parks. Other unimportant business was transacted, when the Board adjourned to Thursday next, THE SINKING FUND, A meeting of Commissioners of the Sinking Fund was heid yesterday afternoon, with Mayor Vance in the chair and Kecorder Hackett, Comp- troller Green and Alderman Van Schaick also present. The following resolutions were adopted :—G17- ing authority to the Comptroller to issue bonds to ers of Docks. Giving a lease for five years to the Houston street ferry at a yearly rental of $6,5 and two and a half per cent on the gross receipts, Honfirming the agreen.ent of the Commissioners of Docks with Peck & Wandell as to unexpired term of lease for piers 42 and 43 North River, for the sum of $7,500, The Mayor and City Chamberlain were appointed | & committee to examine into the securities in the hands of the Sinking Fund Commissioners. Other routine matters were attendea to, after which the Commission adjourned, “MUNIOIPAL NOTES, A somewhat novel request was made of Mayor Vance yesterday. Among the callers was a com- mittee representing the St, Patrick’s Mutual Al- lance. In order that these gentlemen may be handed down to posterity their names are given, as follows:—Charles McCarthy, President; Albert J. Butler, Secretary, and John Denny, Jonn Tobin, Maurice Mulcare, John Ryan ana Jobn Green. ‘They waited upon the Mayor tor the purpose of urging the appointment of their secretary on the police force, Atter duly weighing the important request Mayor Vance decided to refer all matters of appointment in this connection to the Commis- } sloner in charge, and dechped to interfere. The Tegard the accused as unscrupulous manipulators | olice Rogers, Street Com- | dren, lived on the second floor in the rear of No. | Meck and then on the other with his fist, and | heard some of the female inmates say that de- | of City Rev-— ception of the Lord Mayor of Dublin (consisting of | enclosing a series of resolutions passed by ine | the amount of $250,000 for the use of Commuission- | tion withdrew deeply impressed with ¢: Tegation y ne solemnity of the on, General Slocum, with Messrs. Kiagsley and Stra- han, of Brookiyn, called upon Mavor Vance yester- day in relation to the bridge appropria\ and Sppointment ‘of directors, ‘ihe Mayor says that the Common Council has exc usive control of the 000 appropriation, and he wili not a int fhoveignt remaming directurs uott) action Py ary ry that le ‘The contracts for lignting the city with gas for the first four months 0! 1875 Were yesterday awarded by the Commissioners—Mayor Vance, Comptroller Green and Cummissiover Van Nort— a3 follows :— The New York Gaslight Company, whose district is south ot Canal street, at $12 per simp for four months. Tne Manhattan Gas Company, whose district is from Thirty-tourth street to Canal street, from East to North Rivers, at $12 rer lam he Metropolitan, whose Aistrict is bounded by Thirty- foun ae deventy-ninth streets, bast and North Rivers, a er lamp. ‘¢ Mutual, which has pipes in the old Metropolitan district, at $12 66% per lam; ‘The Harlem. Company, trom. Seventy-ninth street to the Harlem River, at $13 95 per lamp. Several orders of arrest against proprietors of unlicensed concert saloons und halis have been placed in the hands oj Deputy Sheriff William H. | Quincy for execution. Suits have thus been com- menced against these parties ov the Society for the Reformation of Juvenile Ve inquents, Yester- day Wiliam Winckle, proprietor of Turn Halie, Nos. 66 and 68 East Fourth street, was arrested on this charge, He gave bail in $700 and was re- leased, wher arrests of « similar nature are ex. pected to follow immediately. WALL STREET TOPICS. Statement of the Pucific Mail 81 ship Company—Meeting of the Erie Directors. A meeting ofthe directors of the Panama Rail- road was held yesterday, at which the resigna- tions of Russel Sage, as President and Director and Rufus Hatch as Manager ad Director were handed in and accepted. Trenor W. Parke was thereupon elected President, vice Sage, John J. McCulloch being elected to fillone vacancy in the direction and John B. Marshall to fill the other, George Scott them resigned the Vice Presidency of the Company and Mr. McCulloch was elected to replace him, A quarterly dividend of three per cent, payable January 15, was declared, the trans- fer books to close January 5 and open January 16, Resolutions were passed o! a compitmentary character respecting Mr. Sage’s administration of the affairs of the company, alter which the meet- ing adjourned. PACIFICO MAIL. ‘There was continued inquiry at the oMce of the Pacific Mail yesterday for the promised statement of affairs of that company. It was learned that a committee of the directors, with many of the ac- countants of the company, together with an efficient expert, were busily at work in its prepa- ration, Late last evening the lollowing was 18- es New York, Dec. 10, 1874. T have examined the books of the Pacitic Mail Steam- ship Company in verification of taeiz statement pab- lished under date of Yeptember 17, 1874. 1 annex the statement with such comments as are called for. ‘ASSETS. Cash in bank (correct). . $256,146. Loaned on call (since collected) 109,000 At J. 5. Morgan & Co.'s, London. 70,908 This varies immaterially tro! “, belng an estimate made up in the middle o the month.) 220,000 Insurance on City of Guatem: +e. + (This amount is included in the general vaiu- ation of the steamer. Of the amount $60,000 remains uncollected. .) Subsidy due from United States, since collected. 125,000 WG) shares Pacific Mail stock... seeeeeeeeee 280,000: ince realized $266,450.) Total....-0++- Due on City of Tokio. (Not entered asa and charged to the proper account.) Loan irom Panama Railroad Company (still Bilis payabie (agreeing with the books). Due in London, Feb. 15, 1875 (not yet enter to be charged when due to profit and loss; Total. JO} . E: MEETING OF ERIE DIRECTORS. A meeting of the Erie directors was held yester- day, the proceedings of which have not been fur- nished for publication. The afternoon papers contained the following paragraph in this connec- tuon:—“The Attorney General has asked for an | order restraining President Jewett aud the Erie company from paying notes, and asking for a re- ceiver of notes; asking for the minutes of the Board in regard to the making of contracts, and to examine, if necessary, President Jewett before trial, to show what he did with the notes in ques- uuon.” Neither the name of the court, the Judge in or before whom nor at whose in- stance, Other than the first law officer of the State, such proceedings were instituted being stated in such paragraph inquiry was made of the Erie Company us to its correctiess at a late hour Precauane afternoon, whici drew a reply from Presiaent Jewett that he bad no knowledge of such proceedings. If there is truth in the report the papers bad not then been served. It will be noved, nowever, that the report is exceedingly in- efdinite. ATLANTIC AND GREAT WESTERN. It being announced by telegraph irom Cleve- land tnat the President of the Atlantic and Great Western Railway Company, Mr. |. H. Devereux, had been appointed @ re- ceiver of the property Of that Corporation at the instance of the bondholders, inquiry was made at the ofice of that company in this city for Juller particulars. 1t was staved in rep.y to such in- quiry that no fuller particulars than those con- tained in the despatch reterred to had yet been received, but Mr. Devereux was expected to arrive in this city today. ‘The only interest which the street seemed to take in the matter was the effect such receivership would have in postponing the con- | summation of the lease of the Atlantic and Great Western to Erie, and as many regarded that lease as damaging to Erie interests the stock of the lat- ver was buoyant in consequence. It was learned on authority that Erie was not otherwise involved in this proceeding. ‘ A rumor previlled on the street during the day tnat A. T. Stewart had purcnased the Grand Opera House, but it could not be traced to a re- lable source. NEW JERSEY CENTRAL. The application of the Central Railroad of New Jersey to have $5,000,000 of its new loan placed on the list of the Stock Exchange was yesterday favor- ably received, The new security will be called “Cen tral Railroad of New Jersey, First Consolidated Bonds.” The following statement of the condition of the company accompanied its application No- vember 10 last :— OFFICIAL STATEMENT OF THE CENTRAL RAILROAD COMPANY OF NEW JERSRY. | Miles. 146.80 | Length of roa Perth Amboy branch, singie track. Other branches, sidings, &c.. Total single track.. Leased roads—Lehigh and * usq ‘Lehigh ana Susquehan South Branch Rauroad.. wi to to draw from time to time, as the pany may require, have de ided to mortgage on all their railroads, terminal stations, sta- all sorts and all ‘he ap- lish a fund from whic! | necessittes of the com} exeeute a consolidated whether main line or brat tion houses, shops, equipm purtenances of the railway, to secure bonds amounting in the whole to not over $25,000,000, Of these bonds a sufficient amount will be reserved to exchange or pay at maturity the existing $5,000,00) first mortgage bonds, the | $600, Newark bra bonds assumed by this Com- | pany, the $175,000 bonds outstanding of the issue due 1875, and also so many ot the $5,000,000 convertivie bonds as may not be converted into stock when that privilege | comes into operation in 18/5. ‘The remainder of the bonds will be created from time to time as required. ‘The proceeds of the loan are required tor the tollowing | purpose | Payments for coal _ part of indebte 33,000,000 Steci ralls to com; 754.000 New stups. 500,000 Coal wharves an Port Johnston. é 400,000 Advances for new’ branches, second track, &c., | ,,om Lehigh and Susquehanna division........° 660,000 Improvements on Central road, new’ station houses, new tracks, filling Bay bridge. + 280,000 Bulkheads, filing, €c.. at Communipaw, in- cluding settlement of riparian rights with State of New Jersey. vere eeeeeeeeteee es 600,00) Additional equipment, . Coupon bonds, $1,000 each, Nos. i to bonds dated September 1, 1874, due 4 terest seven per cent quarterly, January, April, and October. Trustee.—The New York Uuaranty Indemnity Company. The tollowing condensed balance sheet shows the con- dition of the company at the beginning of the present year:— 8. vided profits Total liabilities......... ‘This was represented by the following asset Railroad and branches owned, being 287 mile 1 il All other property accounts , Cash and accounts recetvable ‘acific Railroad Company's first mortgage ponds (San Joaquin Valley Branch). amounting to $6,050,000, and the California apd Oregon first mortgage bonds, amounting to $6,000,000, principal and interest guaranteed by tie Central Pacitic Railroad Company, have beep admitted to the regular callof the New York Stock Exchange. The corrected gross earnings of the Union Pack ic road for October were £1 141,087 77.