The New York Herald Newspaper, February 21, 1875, Page 5

THE BRECKER SCANDAL, A Review of the Week’s Proceedings. LIFE, FAME AND ETERNITY. Necessity for a Judicial Hear- ing of the Facts. AN EVENTFUL PERIOD Salient Points of the Testimony at Hand. 1 ig more than ever evident that the Brooklyn trial is injuring the morais of American society since it has ceased to be a farce. For a good While the public treated it like Hamlet’s cloua— Row a weasel, now a whale. Public opinion Manulactories were started upon it and worked gay and night, regardless of Sabbaths and holl- @ays. The roads of conversation were lined with Bharpsbooters to pick off reckiess disputants, and whoever hesitated was lost. We all finally grew to the belief that the Plymouth set was not Classi- fiabie; that the language uscd over there was not intendet! to express ideas, but merely ecstacies, Thapsodies and stages of metempsychosis. In short, we thought all things in statu quo ante bdel- Jum, and expected @ new marriage All around as g000 as the combatants had surieited the publie With their sensation. Since Mr. Tilton has stepped trom the stand a number of SINGULAR WITNESSES have been adduced. None of them seem to be actual Plymouthers, They testify short and to the point. They describe apparently naughty things without adjectives or similes. ‘They do not reer to Frauk Moulton as Sir Philip Sidney’s successor, nor describe Mrs. Tulton as looking like a stone Statue of one of the Saxon or Tudor saints. They Tise up, like William Riley, of minstrel memory, and get off their stanza of evidence short and Wuraderously. They stab with daggers, instead of testifying of their opponents as Tennyson sug- gests :— PY Shot through and through with cunping words. There has been too much sentimentalizing about the dreudiul moral consequences of this trial. The immoral consequences ceased when tue trial begun. A fair and muscular combat at law is the end of much gasconade and banter. Reputation, Telatively nigh or low, has notning to do with the issue. The lawis made for reputation and for high and for tow. That is its solvency. The slumbering scandal is always more immoral if it Teaches the imaginations of a great number of People than the challenged and open scandal as- suming the dignity of a cause at law. For several years Mr. Tilton had been in a post- tion to give anguish to the soul of bis antagonist, To that anguish the trial was a relief, For the same period of time Mr. Tilton had been called Many opprobrious names, such as “knave” and “dog? and “ingrare.”” The trial stops such Dadinage. Between these two mutual oppressors Was a woman, whose status was undefined. The trial came on and she chose ber piace, There was a GREAT CHRISTIAN SOCIETY in doubt and mystery over the truth or falsity of the scandal. Nothing conid relieve it but a trial, The expense of such a trial and the time spent on \ are inevitable, because such trials carry their lesson to the ages to come, and the community Which shoulders the burden of cost is uncon- aciously giving some future Shakespeare a theme, some Com!e a euggestion and the race knowledge. It is because there has been evil, either in act or accusation, that a trial is necessary to indicate the offender. Except this trial in court, before a Judge, embodying the flaming spirit of the law, before @ jury listening with sealed lips, before a public weighing the evidence day by day, and among lawyers who will take care to meas- ure up the evidence on each side without gtint—except these, all the rest has been pabulum Jor immorality. It will be an everlasting com- mentary on the morals and methods oi this gen- eration if so great a scandal can subside without 8 trial, a verdict and a penalty. The accuser is infinitely worse than what he expected the re- Spondent to be proved if he has come to court without a cage. If he has a case let it all effer- vVeace and leave no residue to bother the future, 4f the defendant has a character let itall be concentrated upon this issue, Wide, general preaching is no answer. The greatest sermon in the world will be au innocent Beecher confound- ing a guilty Titon in court. Out of court all sermonizig is “caviare to the general.” We have in a great play now produced among us the lesson o! “Henry V.” for Mr. Beecher— In peace there's nothing so becomes a man A8 modest stillness and humility But when th: blast of war blows Then imitate the action of the tj ‘The trial is Mr. Beecher’s LIFE, FAME AND ETERNITY. It should be fought out with periect regard to his station and calling. Tobe acquitted by mutual mud-throwing would be death to areal tame, as his should be. For tlton is nothing but the plain- wt against Beecher. If Beecher in a like cause ‘was the plaintiff against Tilton tne latter would take dignity from the relation, Woodhull gang a8 @ feature of this trial seems to be like the ballet dance which Mr. Macready introduced into “Hamlet”? and made Mr. Forrest hiss the prodaction. A vast cause at morals is on, and the question before the Court is:—Did Rev. Henry Ward Beecher deprive Theo- dore Tilton of nis wile’s loyalty and purity, and, if 80, what ought Henry Ward Beecher to pay for it? And if this proposition is not met by demurrer, but by asking an obscure conundrum, to wit:— Did Theodore Tilton not also bask with Victoria Woodhull? we cry, ‘The offset is ‘legal stravis- mus!’’ “Eyes rignt!”’ is now military and judictal. One of the curses of our period is loose reason- ing, derived from too general, smattering Rnowledge—an accident of newspaper read- img. We cannot look five minutes at one thing. Butunless our society in and about the Metropolis 13 to lose all standard we must hold the Brooklyn trial down to its original purpose and object—has a man lost his wife by seduction?— no matter whois the seducer and who is the man, Brg. Moulton, who testified last Friday, is a vic. tim rather tban an agent in this scandal. She was threatened, two months ago, with a kind of im- pugning which wonld have challenged muraer in the court room, not for anything she bad done or could have done, but because the matter haa got to be @ sublime game of biuff. Now sne has testified, and these vapors of the miasma and odors of the upas tree have not affected her, All witnesses, all jurymen, all men should remember, when they approach this case, that tt is @ chapter of the times. The length of it and the gravity of it show how it has been ordainea by Providence to rebuke either the loose morals or the loose libeis of the period. It is apart of the statesmanship of the times. THE PAST WEEK hasbeen more eventfui than any other in the our ears Uncompleted nistory of the Beecher-Tiiton case, | The other weeks were dull and profitiess, Moul- ton and Tilton put together revealed but a trifle more than the public nad aiready heard or anticipated. The scanaal was not @ revelation of yesterday. Its salient points were touched upon a few years 0. The story of Woodhull was sent abroad on the wings of the press. ‘True, it was but the story of a woman ‘whose recognition by society was no better than that of Jim Fisk or any other such character, who flung defiance at conventional decencies and out- Feged traditions with an impunity that brought mo greater penalty than respectiul criticism, Woodhull, with the slime of her doctrines hang- ing around hey. topnd anditors and found Therefore the ; nt te | It was bad enough, despite the thin veneering of | Agreat deal was expected {rom her, and it must | be said she hardly disappointed anybody. testi- ! She was on the stage when Fisk proclaimed the theory that to rob the foreign shareholders of Erie was a laudable and virtuous deed. PUBLIC DEMORALIZATION, Public faith had been shaken in many of our public teachers and preachers and practitioners. The story concerning Mr. Beecher and Mrs, Tilton came at & tme when scepticism in the virtues of many of our public favorites had begun to ap- pear. A name so great as Beecher’s—so promi- nent for its numaniaing influence on many minas throughout the land, despite all that might have been sald aguinst it—could have withstood the as- saults of a thousand malignant influences such as that of the Woodhull, Yet, though the world at large was content to let the matter arop, the busy jew and the malicious few united to penetrate the scandal and show it in all its naked deformity to the world. RETIREMENT OF MR, TILTON. 2 In the midale of last week Mr. Tilton finishea his cross-examination and retired from the boards, What he proved or what he did not prove is for others to determine. Enongh for us to know that after twelve days’ examination, cross-examination, &c., nis story is substantially what was revealed in his publication of last summer. He retires from the stand with the reputation of being a witness who withheld nothing, who had no delicacy whatever about giving his views and his evidence concern- ing his wife’s relations with Mr. Beecher, aud who will pass into history as aman whose peculiar wrongs have received less of popular sympathy than ever did a man’s whose case has been vronght 80 prominently before the public. THE FIRST DAY OF THE WEEK was given over to the cross-examination of Mr. Tilton. It was productive of nothing particular, Tilton suffered a long, exhaustive probing from Evarts, and in the course of it one of the opposite counsel (Mr. Beaen) offered the following, which Will stand as the most prominent statement of the day:— MR. TILTON’S STATRMENT, ‘That on the evening of October 10, 1868, or there- abouts, Mrs. Elizabeth K. Tilton heid an interview with the Rev. Henry Ward Beecher, at nis resl- dence, she veing then in @ tender state of mind, owing to the recent death and burial of a young child; and during this interview an act of crimina) commerce took piace between this pastor and this parishioner, the motive on her parr being, as hexe- Inbelore stated, not regarded by her at the time criminal or wrong; which act was Jol- lowed by @ similar act ol crimimalty between these same parties at Mr. Tilton’s residence during @ pastoral visii paid by Mr. Beecher to her on the subsequent Saturday evening, followed also by other similar acts on various occasions fron! the autumn of 1863 to the spring of 1670, the places being the two residences aforesaid, and occasion ally other places to which her pastor would Invite and accompany her, or at which he would meet her by previous appointment; these acts of wrong being on her part, {rom first to last, not wanton or consciously wicked, but arising through a biina- ing of her moral perceptions, occasioned by the powertul influence exerted on her mind at that time to this end by the Rev. Hepry Ward Beecher as her trusted religious preceptor and guide. The egotism of Mr. Tilton was not confined to apy particular day. It permeated his entire testi- mony. He seemed always to feel that nis particu. Jar mission was to impress the audience and the Jury with the conviction that, as they never knew anything before he came on the stand, that after he left it they could never hope to know anything more. His preponderating self-conceit was more particularly apparent in the second day’s proceed- ings, when he defined his views of marriage and divorce, and thas the Tilton oracle spoke ON MARRIAGE AND DIVORCE. | He said he held tne common opinion eater- tained through all Christiantty—througn all the civilized world—that marriage was the union of one Man and one woman forever, for better or worse, in storm or calm, not only in life, put, per- haps, beyond life; as to divorce, he heid views on the subject not entertained by the law of this State; the State of New York ts out oi harmony with all the other States on the subject of di- vorce; here divorce is granted only ior oue soli- tary cause, while in Massachusetts and other States in New England and in the Western States divorce is allowed in a variety of in- stances; 1 give an fjilustration; I say as the great pody of the American people say, that ifa husband brutally beats his wife she ts entitied, if she wishes it, to @ divorce; I say tnat if he neglects to support her and allows her to suffer privation she is entitled to a divorce; I hold that if the husbana is an nabitual orppkard and makes the life of his wise ang children miserable tue wile 1s entitled to @ divorces; the saye woman being in Connecucut would gt-enuitled to a divorce for this cause, but she Would not be entitied to it in Brooklyn for the same cause, for tbe law o! the State of New York only allows divorce for one cause; the sanctity of marriage demands that we change our code of divocce in New York and adapt it to the New England or Western code, which allows divorce for diferent causes; it 18 not my doctrine that husband and wife should separate according to will, but that they shall be governed by the law withou: respect on the points I have named; the law of New Hampshire allows divorce for desertion on the part of the husband for one year; but if a man, married in the State of New York, deserts his wife, goes to China, tor instance, and lives there jor seventy years, the wife cannot obtain a di- vorce; I would ask why the law gives divorce for desertion for one year in New Hampshire and re- Juses it im New York ? After this the witness proceeded to give his opinions on free love. The final day of Mr. Tilton on the stand was Wednesday. It wasa@ great re- lef when he stepped down and out. Before this happened tne following letter from Mrs. Tilton was read, which will bear reproduction in the Ught of subsequent revelations :— MISLED BY A GOOD MAN. JULY 4, 1871. My DEAR THEODORE—I had expected vou all day yesterday; vut now your letter 1s put in my hand instead. I feel the bitterest disappointment, but we are both in God’s hands, and while now here may say ol my heart’s intense yearning, ‘Return to tne love of thy youth.” Oh, my good husband, may you not need the further discipline of being misled by a good woman as | have been by a good man. Iiejoice in your happy tace and peaceful mind, though 1 am not in anywise the cause. It will pe God’s gift alone if your face illumes or heart throbs with thoughts of me, As for me, I will wait on the Lord; I thank you jor the sufferings of the past year. You have been my deliverer. Destroy my letters, nor show them to our mutual friend, I fear this will prevent me writing from my in- most self, Iam, very truly, ELIZABETH. Thursday was the saddest day in the whole trial. her chastity, that Tilton should practically hold his wife up as an adulteress; but when her brother, Mr. Richards, appeared to prove something like the crime of adultery by ocular demonstration—to have caught the parties in almost slagrante delicto—the shock to public sentiment was great | indeed. The scene is here reproduced :— THE WITNESS ADDRESSES THE JUDGE. ‘The witness hesitated ior 4 moment, and, turn- ing round im the chair, addressed the Judge as follows ;— “Will you allow me to say, Your Honor, that, in regard to this case, 1 am brought nere asa wit | ness and appear in @ peculiar, | may say, a cruel | position. Idid not seek it. Iam here from pure | | necessity and very reluctantly, This lady is my only sister, and I esteem her, as we all esteem our sisters. The Judge—I re: ize that, sir; the position | you occupy 18 @ peculiar one, Answer the coun. | sel’s Guestion put to you. Witness—Well, sir, in my answering this ques- tion 1 don’t think I could answer in justice to my- Seif unless 1 should put what I saw in connection | with other things that I had heard about Mr. Beecher in my long knowledge of him; what I saw | might not be of any special moment aside from | these other things, aud it may not be of any mo- | mentatal. — | Mx. Evarts—Now, if Your Honor please, here | the witness is asked What he saw, and ne pro- | ceeds to give instructions as to what he saw not | being of much importance unless he 18 silowed to | connect it with other things he had heard; I cer- tainly have never heard anything like that irom a | witness. Witness—Precisely #0; but if you will piace yoursel! in my position — Mr. Evarts—i shall be able to show—— Mr. Fullerton—I will give you a chance very soon. To the witness—State what you saw with re- | spect to the character or conduct of Mr. Beecher and Mrs, Tilton on this occasion that you speak of seeing them inthe morning? A. Ou this one oc- casion I called at the nouse and was in the upper jg ees second story; I descended to the par- lor floor and opened the parlor aoor, which was closed, and [ saw Mr. Beecher seated in the iront room and Mrs. Tilton making @ very hasty motion, with @ highly fushed face, away from the position which Mr. Beecher occupied; tt was such a sight as leit an indelible impression on my mind in reia- tion with other matters. THE BXCISING Day. Friday should have probably closed this event- ful case—on one aide at least. On this day Mrs. Moulton, the wife of the “mutual friend,” made her appearance, amid # loud buzz of excitement. mony given by her, and deemed by the piaintif’s side the pivotal tranch of the case, is embraced in the following MRS. MOULTON’S STORY. J said;—Mr, Beecher. there iw somethias veh J | minutes. | Conductor and engineer's wag ter for you to do than that {commit suicide] ; go down to your church and confexs your crime, and they will forgive you; be said, “No, I cannot do it—for the sake of the woman who bas given me her love, for the sake of my family, for the sake of my church, for my infuence throughout the world, 1 can never do it—I will die hetore | will coniess it;” | said, “Mr. Beecher, sooner or later the truth in this case will come out, and you had much better take your case into your own hand, and give to your church a confession; 1 am sure they woula forgive you;’’ he said, “No, that | cannot do; my children will despise me; f cannot back ‘to my bome, and my church would not iorgive me; tnere would be nothing left for me to do; my work would be finishea; it would be better for me to go out of life than to remain longer in 1t;” [satd, ‘You might go back to your farm and write;” he said, “If they won’s hear me preacn they won’t hsten to anything I write;” he said, “My position is that of a moral teacher, which I could no longer hold; [ nave resolved to take my lve fret; 1 have a powder at bome on my library table which I bave resolved to take; I have noth- ing to hve for; I have prayed for death ai happy release; [ feel that if | publisn a card in tue Kagle it would only be a temporary release; Mr. Tilton 1s likely to break out at any tim am unable physically or mentally to bear this strain; he said, “I shall probably. hever come and see you again ; jelt very badly; 1 asked him to go down to the church; { said, “Mr. Moul- ton will stand by you, but the only way for you to do is to tell the truth;” he said he would come and see me on the day following, that he bad some little git and momentoes for duferent people, something he wanted me to bear to Ehgabeth aud something for different ones, and he would come on the day following to see me; along in June Mr, Beecher was very much ex- cited; he told me, with tears streaming down his face, that he had suffered the tortures of the damned; that he had to go home and wear a cheerful smile; that the slightest indication of Weskness was & confession of guilt on bis part; he said I was the only person to whom he could un- burden his whole heart; thts inverview lasted three or four hours; he left near the hour of junch; when I saw him afterward he said he felt very much depressed, but ielt more hopeiul, In the foregoing the prominent points of tne entire week’s trial are embraced, That the case js near its end js altogether unlikely, for the prob- abilities are the defence will produce tnree times a8 Many witnesses as the plaintuit, A NEW WITNESS. it was said yesterday aiternoon that the counsel for the plaintiY haa discovered @ new, and, to their mind, an important witness, This is an old servant of the Tilton family, who remarked on hearing that Mrs. Kate Carey bad testified regara- ing Mr. Beecher’s visita to Mrs. Tilton, that she could tell & great deal more if sne had a mind, Whether tt will so prove remains to be seev, as the woman will provably be produced in Court, CIE THE WERE. SHANGE New York, Feb. 20, 1875, To THE EDITOR OF THE HERALD:— Your editovial in this morning’s paper on the Brooklyn scandal is our only excuse for trespass- ing upon your tile, and we ask you to accept our thanks for placing before your readers such a clear and concise statement of the facts in the case. AS you say, there cannot be any justice in alaw that allows a man to ‘swear his wile into infamy”? while it prevents her from opening her mouth, Why not at once petition the Legislature to x0 amend the law that the wife may bave the same latitude it already accords to our worst criminals, allowing tnem to testify in their own behall, We do not suggest this to meet the present case, only. so far as it may give us the truth, and forever settle a scandal you truly calla plague, Jt only took a jew days to extend the term of the present Court; and we think there is hardly @ man living who would not willingly graut the most interested party in a case at least @ hearing. As tbe law stands two families may be utierly wrecked by @ man un- worthy -of the name. We do not write this to solicit publication, but simply to inform you that wherever your editorial has been read it has been Most thoroughly approved; and furtoer, that we venture to assert—irom what we nave ourselves heard—that you could have the signatures of every reputable firm in the city petitioning for an immediate modification of the laws bearing on this subject. We remain yours Be pane MaNY READERS, TELL THE WHOLE TRUTH. To THe EDITOR OF THE HERALD: — Your excelient article of to-day on ‘Side Flashes ot the Beecher Trial” covers important «elects in our common law, but does not go tar enough. Way should a witness ve sworn to tell the “whole truth,” when the lawyers on either side can close his mouth by an “objection” and compel him to suppress essential facts in the case? Iam glad to see the press disposed to ventilate the whoie matter of law practice and social morals, I! Mr. Beecher has to go down (which is yet an open question), let him go like Samson of old, destroy- ing more evils by his death than all his most evential lile-strnggle aguiust Wronugs to humanity has yet accomplished, RAPID TRANSIT. A STATISTICAL INVENTOR. To Tuk EDITOR OF THE HERALD:— Notwithstanding the multiplicity of rapid tran- sit schemes which have appeared in print since my communication to your valuable journal I tail to discover in any of them any practicable plan for the Immediate relief! of the west side property owners, to whom more particularly I wish to aa- dress myself, Ali proposed plans require not less than three years for their development, and by that time many of the present owners will be sola out, owing to the pressure of iterest charges, taxes and assessments. For instance, let us see the position of Boulevard lot owners at the pres- ent time, Iassume that there are some fifteen hundred lots on the Boulevard, irom Filty-niath street to 155th street, which are taxed say,on a varuation of $3,000 each, on which the taxes at three per cent are $90 per lot, equal to $136,000 for all, The assessments will probably amount to nali that sum, or say $67,500, and the interest and other charges on incumbrances (which I estimate at $3,000 per lot) at teo per cent, will amount to $450,000. The actual cash disbursements will, therelore, foot up as follows :— Annaal taxe: me. $135,000 Annual asse: 67,500 Interest charges 450,000 Total expenditure... we $652,500 To which may be added interest on equity, say 7, at seven per cent, equal to $440 735,000 Annual loss to owners. 1,387,500 As I stated in my ‘ormer letter, the plan I pro- pose 1s to connect at Filty-ninto street with the Greenwich street Elevated Railroad, and by a line of steam carriages, with rubber tires, on the Boulevard, convey passengers tn forty-five minutes from the Batrery to any puint below 156th street at a fare not exceeding ten cents for the entire dis- tance. We have seen tnat the Boulevard property owners are now losing tage f $1,500,000 annually, and il we estimate the loss of the other owners 0! west side property at double that sum, we have an annual loss ‘of over $4,000,000, which, in three years (the estimated ume _ necessary to render available other rapid transit projects), would amount to some $12,000,000, surely an enor- mous gum. But what will the new plan cost? is the question to be asked of the projector. This [ will endeavor to answer, In the first place, as to the Elevated Ratiroad, which can be made as safe as any road, although it appears to be frail, which, however, 1s not the case:—By the report of its | President, recently made, it appears that an expen- divure of some $350,000 18 necessary to compiete the road to Fifty ninth street, and the necessary turnouts, so a8 torun trains eath way every ten 1am ignorant of the pecuniary position of the company, but I assume it would be necessary for the property owners to take $200,000 ‘of bonds to insure the completion of tne road by the Ist of June next. This would only require an outlay of that amount without expense, as the company would pay in- terest on their bonds. In regard to the car- Tiage service, | estimate that the cost of six steam carriages, oue to connect every ten minutes With the railroad (making the round trip to 165th street and back ip an hour), and con- structed so as to be capable of carrying flity pas- sengers each (and requiring am engineer and conductor to each carriage), at $5,000 each, mak- ing $80,000, and an additional expenditure of $20,000 jor waiting rooms, repair snop, &c., in ull, say $50,000. Tne daily expenses of running I estimate as follows:— Three tons of coal to each carriage, at $ Seachs. Laborer to coal carriages. &c. Repairs ana incidental expenses. Daily expenses of each carriage. i or $180 daily for the whole, one half of which would be returned in fares the first year, which would leave a deficit of $32,860, to be borne by the property owners. The total amount which the property owners would have to raise among themselves would ve as folows:— For investment in bond: For cost of carriages, For deficiency first yea Total..... and the actual cost to them wou:d b Interest on cost and depreciation of jay fen per cont OM BOWWrsssssee areas Deficit as above. Total. I nave thus end id to show that with an 0) outlay of $283,000 and an expenditure of $38,000 | the firss year (which would diminish yearly as the travel increased) the problem of rapid transit ‘Would be solved #80 far as the west side is con- cerned and the property bronght into the market Gt gage for pmmediate improvement. NEMO, OBITUARY. EDWARD SPANGLER. Edward Spangicr, wuo will be remembered as one of the persons who was sentenced to the Dry Tortugas for participating in the assassination con- spiracy which resulted in the death of President Lincoin in 1865, died at the residence of Dr. Samuel A. Mudd, near Bryantown, in Charies county, Md., on Sunday night last. Spangier’s sentence was for six years, but near the close of Mr. Johnson’s administration ne was pardoned by the President, Arnold and Dr. Mudd, his fellow prisoners, veing also released. The crime alieged against Spangier was that he took charge of the horse of Booth on the night of the assassination, but turned the animal over to “Peanut Joho” to hold, and also that he had arranged with Booth to have u way kept open in the theatre for bin to escape. He was a native of Pennsylvania, but learned his trade of carpenter in Baltimore, where he worked for many cats under Mr. Gif- ford, @ master butider. Mr. Giftord, on taking the position of stage Carpenter at Mr. Ford’s theatre, employed Spangier as¥an assistant. Spangier was stoutly built, and was about fifty-five years of age when he died, He returned to Baltiwore aiter his release trom the Dry Tortugas, and about two ears ago he took up his residence with Dr. ludd, between whom aud Spangler great friend- ship existed, CAPTAIN CHARLES WILLEY. Captain Oharles Willey, one of the best known shipmasters on the Atlantic coast, and 6 man thoroughly acquainted with the navigation of the coast irom Maine to Florida, died at Yellow Biuif, Florida, a few days ago. Re was born in New Hampshire in 1803, but fiity years of his ile were spent in navigating tne rivers and coast from Charieston to Key West, CAPTAIN THOMAS G. ANDERSON. The death 1s announced at Port Hope, Ontario, on Tuesday last, of Captain Thomas G. Anderson, late Superintendent of Indian Affairs, a gentieman well known in connection with the early history of Canada, He was born at Sorel, Quebec, on the 12th of November, 1779, and had consequently at- tuned the advanced ago of ninety-six years. Dur- ing the war 01 1812, by the aid of volunteers and Indians, he captured a fort which the Americans had built at Prairie du Chiea and heid it will the close of the war. Tuts led to his employment in the Canadian Indian service, in which he re- Matined till 1858, when, finding himself unable to periorm his arduous duties satisiactorily, he me- moriulized the imperial government for a retired allowance, Whicn be enjoyed till bis death, as sw. HERMAN FOSTER, _ Herman Foster, & prominent lawyer of Man- chester, N, H., died at his resideuce in that city on Weanesday, in the seventy-Aith year of his age. He was born at Andover, Mass., Octuber 31, 1800, He received only a common school ecueation, and after spending some years in a mercantile house in Bos- ton he studied law, and was admitted to the Bar at Warner in 1839, He practised nis profession at Manchester with great success, and was sent to represent the city in the House of Representatives of tne State tn 1556 and 1856, and again in 1868 and 1869, and Was State Senator in 1860 and 1861, being President of the Seuate in the latter year. in August, 1862, he was appointed by President Lin- coin Assessor of Internal Revenue lor the second district of New Hampshire, resigning in February or the next year. + MBS. ANN O'BRIEN. Mrs. Ann O'Brien, the venerable mother of ex- Senator James O’Brien, died at her residence, in ‘Third avenne, yesterday morning, after along and painfuliliness. Mrs. U’Brien came to the United States jrom Ireland some twenty-five years ago, and settled with her large family in the upper part of this city. Her tuneral will take place to- morrow morning, at ten o’clock, from St. Gabriet’s church, East Thirty-seventh street and Second avenue. NEW YORK CITY. patie LOG RNS The police were last evening notified to look out for counterfeit $5 bills on the Traders’ National Bauk of Chicago. The steamship Othello, of Wilson’s line of Hull and New York steamers, which sailed from Hull on the Ist lust., has not vet arrived at this port, being several days overdue. While some workmen were engaged in re- moving débris from the cellar of No. 121 First ave- nue yesterday forenoon a quantity of bricks, mor- tar and beams fell from the floor above, killing Williatd Davis, of No. 516 Hast Fourteentn street. » Steamers o/ the Inman, German Lloyd, Anchor, French Transatiantic and National lines sailed for Europe yesterday, carrying about 126 cabin and 420 steerage passengers and large cargoes, consisting of grain, cotton, provisions und general merchandise. William H. Oornell, driver of wagon 13 of the United States Express Company, who on Friday evening drove over and killed Kate Rid- ley, fourteen years of age, at corner of Market and Madison streets, Was yesterday released on ball in $5,000 by Coroner Eickhom, James Gerrity, thirty-two years of age, and a native of New Brunswick, died yesterday at bis residence, No. 767 Ninth avenue, from py:emia, fol- lowing an incised woand o1 the hand received on the 2d ult. while shoeing a horse. Coroner Wolt- man was notified to hold a& inquest on the re- mains. ‘The sale of the monster hog took place yester- | day at the Produce Exchange. The dimensions | were eight feet from the point of the nose to the root of the tatl, seven feet six inches round the girt; weight 1,115 pounds. Alter a little active competition it was knocked down to Strong, Ward & Comstock for $10: BROOKLYN. Theodore Brower, twenty-eight years of age, fell dead yesterday afternoon, while at work tn the saloon of Brush & Bond, No. 8 Water street. Coroner Simms was notified to hold an inquest over the remains, Yesterday motion was made in the City Court, before Judge McCue, to consolidate the three suits for libel which are now pending against the Eagle. The plaintiff, Henry ©, Bowen, in each suli ciaims $100,000, After hearing tne argument on both sides the Oourt took the papers and reserved its decision. Thomas Kehoe, residing at No. 408 Baltic street, was examined before Justice Stemler yesterday morning on the charge of burglariously entering ; the residence of Mr. John M. Pratt, No. 472 Franke lin avenue, The fellow’s presence in the domicile was detected through bis awkwardness in causing an alarm bell to awaken the proprietor of the house. Mr. Pratt fred two shots out of the win- dow, and Officer Downey came up and arrested Kehoe, He is held to await the action of the Grand Jury. LONG ISLAND. Smallpox and scarlet fever are prevailing to an | alarming extent at Bellport. G. A. Merrill, aged fourteen, of Astoria, was left | at home one evening last week while his parents | Were visiting some neighvors. Upon their return the child was found to »e missing and no clew has as yet been found. He bas light complexion, ligat | hair and blue eye One of the crosstown car horses at Hunter's | Sendder said sentence would NEW YORK HERALD, SUNDAY, FEBRUARY’ 21, 1875—QUADRUPLE SHEET. ined at Yonkers on Thursday evening, under the tutie of the Yonkers Sportsmen’s Club, ‘Tae con. stitution adopted by the society 1s sim! of the club bearing the same name in New York. An election for officers to serve during tne ensu- ing year resuited in the choice of the following :— Joseph Masten, president; Dr, Charles W. T vice president; J, H. Keeler, secretary, Suns, treasurer. STATEN ISLAND. The newly elected Excise Commissioners of Middieiown bave effected an organization, and have drawn for terms with the following resuit:— For one year, Michael Vats; tor two years, King- ston Boardman; tor three years, Thomas Cum- mings. The néw Board ior Castleton will meet on ‘Yuesday alternoon next for the purpose of con- sidering applications sor licenses. The special committee of the Edgewater Trus- tees, appointed to investigate the churges pre- ferred by the ex-Chief of the Fire Department against the members of Engine Company No, 9 for Gisobedience Oi orders, reported that the charges 3 against the entire company bad not been gus- tamed, but that the forcman was deserving of censure becanse of his wuwiilingness to comply QO the request of the Ciel; that John O'Net, a ber of the company, suould be suspended for bedience, and (hat the ex-Chiei should be cen- sured lor the use of abusive language and per- sonal violence, NEW JERSEY. An aged and helpless woman named Miller ap- plied to the Hoboken police on Friday night to have her daughter Mary Ann arrested for having cruelly assanited and cnt her witi @ washboard. The poice being powerless in the matter, she pro- ceeded to procure & Warrant for tue arrest of tue ingrate assailant. A New York druggist, named Klemm, procured 4 warrant in Hoboken for the arrest of George Rudoiphy, his bookkeeper, on a@ charge of haviug embezzled $3,000 from him. The examination took place before Recorder bohnstedt yesterday, when it transpired that the charges were well founded, The prisoner Was committed without ball to the Hudson County Jail to await a requisi- tion, by virtue of which be will be surrendered to the New York authorities, Three pretended pedlers were arrested in Ho- boken by Officer Wright last evening, having been caught entering several houses under suspicious circumstances. Their game was to offer a tow Worthless articles jor sale in case they were ob- served by the occupants, and to sack the houses in case they found a Javorable opportunity, They gave their names as Jon Maloney, Joun Nutwiey and John McCormack, and were committed to await examination, JERSEY JUSTIC The fouowing sentences were pronounced yes terday in the Mercer County Court, at Trenton, by Chief Justice Beasly :— George Ryno, bigamy, six months at hard labor (this criminal has already served two terms, amounting to twenty years, in the State Prison tor forgery and another offence); Jacob E, Des» singer, George Reynolds and Henry Shuster, con- victed of bignway robbery, one year each in the State Prison; Alired and William Pippin, grand larceny, one year each in the State Prison. whe court room was densely crowded, so much so that constables had to be placed at the entrance to prevent further admittance, THE JERSEY CHURCH BATTLE. The ecclesiastical brethren of the Hoboken Methodist Episcopal church, who some days ago marehed forta to battle against the pastor, Rey. J. Bryan, Dave sustained a heavy shock in their onset and beaten a retreat to a position trom which they are not likely to again advance. The strategy of 8 few good ladies, who resolved to stand by the reverend gentleman in nis troubles, has accomplished this. They proceeded to person- ally enl'st the wavering members on tue side o1 the pastor, Several persons visited the houses of the Meinbers Of the congregation and obtammed signu- ures to @ document setting forth the satisfaciion In this way the names of tue great mass of the charch 1olks were appended to the docuinent. It is probable, thereiore, that the individuals who first proclaimed hostilities will retrain trom renew- ing offeusive operations. THE METUCHEN MURDER TRIAL ITS CIOSE—SULLIVAN FOUND GUILTY oF MUR- DER IN THE FIRST DEGREE—AN EXCITING SCENE IN COURT. Yesterday, in tue Middiesex Oyer and Terminer, at New Brunswick, after a trial of eleven days, Michael Sullivan, twenty-three years of age, born of the members with the eloquence of the pastor. | Pin Rahway, N. J., was found guilty of the murder | 5 NUNNCNNPEAG Stik 5.0/0 AA NIARSL ROE, Ra ee RET pelea EGTRRA ne wei eae Ree aA WASHINGTON’S BIRTHDAY, PREPARATIONS FOR THE CELEBRATION OF Tm ANNIVERSARY—WHAT THE MILITARY AND CITIZENS INTEND TO DO—THE MEMOR¥ O08 THE GREAT MAN STILL CHERISHED, To-morrow forty millions of people will do themselves the honor of celebrating the birthday of George Washington. One hundred and forty- three years ago tuis man, whose memory ts, above all others, dear to the American heart, first saw the light of day in the famous old West moreland county, Virginia; and although his clay has mouidered in the tomb nearly seventy-six years, still (he memory of the man, his life and his services are a8 green in the minds of men to- day as when he sank to rest on that bleak Decem- ber day in 1 Of course to-morrow will be generally observed as 4 national and legal boliday, and for twenty- four hours bank clerks, public officials, politicians, stockbrokers and federal officials will have a rest from their perplexing lanors. There are many s0- cieties and ether associations of citizens who nave resolved tocommemorate the 143d anniversary of tne Father of His Country in quiet way. Among them may be mentioned the Jollowing:— At two o’vlock to-morrow aiternoon the Order of United American Mechanics wil commemorate the day by an interesting reunion at the great hall of the Cooper Union. In previous years the Order has sometimes celebrared the day by a parade; but, probably owing t the inciemency of the weather, they have resolved to hold tt under cover, One of the most entertaining events of the day will be the annual reception of the Washingtom Greys, of tne Eighth regiment, N.G.S.N.Y., which will be hel at the armory in Twenty-third street, between Seventh and Eighth avenues, in the evening. The number of tickets ja limited, soasto avoid the crowd and crush that during the past few years have rendered the receptions ovjectionable to many, The committee, of which Adiutant Johnson is chairman, have taken every precaution to so arrange the detalisas to meet the approval of their visitors. The Seventy-first regiment, N,G.S.N.Y., wil? observe the dayas uswai by an annual drillat the arsenal, in Thirty-flith street, corner of Seventh avenue, from elght to ten P. M., wen it is expected there will be present a large dele- gation of National Guardsmen and frienas of the regiment of vown sexes, Not the least pleasing event of the day and even- ing will be the reuuion at Schedler’s High Briage Hotel by the residents of Wasaington Heights, Fort Washingtoa aud Inwood, ‘The Sixth regiment will, in accordance with the usuai custom, eltertain the veterans of 1812 a5 the Germania, Assembly Rooms, No. 291 Bowery. rhe veterans are expected to have the cockade: on their hats. ‘The American Rifle Assoctation will have two: matches at their rauge, Mount Vernon, beginning; atten A.M. The first match will be open to mem- bers of the National Guard only, who will appear in uniform, with military rifles, The prize will be: the Depeyster gold medal, presented by General J, Watts, which must be wou three times velore, final ownership. The second match is open to alk comers, With any rifle, 200 yards, seven shots,, turee prizes. First, a gold badge; second, $50 worth of shawis; third, 9 minor tropny. New! targets have been placed in position and a pool target will be Kept up during the day at 200 yards, Shouid the day be coid the officers of the association promise & roaring old camp tire. The Trinity church chimes will be rung by Mr. James Ayiitfe at noon, the folowing being the programine :— 1. Ringing the changes on eight bells. 2 “Washington’s Grand March.” Red, White and Blue.” Land of Vromise.” “Last Rose of summer.” Trinity Bells.” ast ‘Merrily Ring the ‘Tell It With Joy.” ‘Hail Columbia.” t the Merry Church Bells Ring.” ory to Jess.” mbia, the Gem of the Ocean.” the Conquering Hero Comes.’? y Jesus. the Riited Rock.” “We Are Pilgrims.” 6. “Yankee Doodle.” f Severat social gatherings have been set dowm | for the evening, among otyers betag the anniver-, sary dinuer oi the Lincoln* Club of the Seventh Assemouly district, at No. 12 University piace; the New York State Soctety of the Cincinnati anni. versary, Which Will be held at Delmonico’s, and the dinner of the Bowdoin Alumni Association,’ which takes place at the Westminster Hotel. at Newark, N. J.. the aay will be made the occas sion of holding the National Convention of the Young Men’s Catholic associations, the proceed- | ings to begin at hali-past seven o'ciock in the | evening. The Cathoilc Union of New York having adopted: | the national volidays as the days of its celebration’ | the usual services will be held. Solemn highs | mass will be suny at the churches of St. Bridgea and St. Paul the Apostic at hali-past ten A, M. At St. Bridget’s the music will be undef the direc- Eegnapee: I 1 iY 1 ees i rt of Daniel Talmadge, a well-to-do farmer of Metuchen, The trial was probably the most exciting one held in the Court since the trial of Bridget Durgan some years ago. lt occupied eleven days, The murder took place on December 1. lt was op @ Monday. Mr. Tal- exhibiting, in presence of Michael Suliivan, bis pocketbook, containing @ considerable sum of money. Soon after he went to Dis barn to look after his horses, and while there was teiled to the ground with a fail and robbed. He never spoke alterward and died on Tuesday. Tne circum- stances pointed to Sullivan as the murderer, On the Saturday night tollowing he was arrested in Newark, and on his person was found the pocket- book and papers belonging to Talmadge. Upon the trial @ strong chain of circum. stantial evidence was found against the pris- oner, who pieaded “not guilty,” and on toe stand told a story to the effect that ne had met a man who gave jm Talmage’s pocketbook, &c., as as. surance of an agreement to “crack @ job together.”’ “Sullivan was ably defended vy coun- sel, put his own stories ou the stand nulified theif efforts, It was, to use the expressive slang of the period, entirely “too thin.” It was weak, contradictory and improbable im the iast degree. In summing up his counsel warned the Jury m the most forcivie manner of tne danger of convicting men on purel circumstantial evidence. On Friday afternoon the case was given tothejury. They remaine« out all night and yesterday came into court with a | o'clock. ‘the court room was crowded. The pris- oner heard the verdict rendered with but little emotion, He sunk into his seat sorrow! “picked himself up” promptly. father and other relatives ; ana also concealed their ally, but His veneravie sat near him feelings. next Saturday. While nandcuiting him oue of the handcuffs was so tight as to cause Sullivan pain. He uitered @ cry and this caused quite a stir, many o! his fricnds moving, as was thoughi, to nis aasistance, They jumped over the rail and alarmed the Judge so that he hammered for silence, and caused precautions to be taken jor the sal ing of Sullivan. He was remanded to jatl under a strong guard. The general :mpression is that the verdict 18 @ just one. There 1s no prospect of any escape for Sullivan from the gallows. There is Rothing to appeal trom. ALLEGED HOMICIDE. Coroner Woltman was yesterday called to the tenement house in the rear of No. 516 East Six. teenth street, where many of the inmates were intoxicated and living in extreme filth and aegra- | Point became unmanageable yosterday and broke ; from the car and rushed madly down the street, The gate of the James slip ferry was open at the time, and the horse came madly on. Pecrymnarer Armstrong, seeing the imminent danger that the | horse and passengers were in, seized an iron pin, | | and, as the animal entered, struck him a powerful | | biow, felling him to the ground. This is the sixth runaway in which Mr. Armstrong has succeeded In saving the liie of both animal ana passengers, A young scamp named David Rogers, from Brooklyn, paid a visit some time ago to the family | of Mr. Charles T, Smaiing, living between the Amityville and South Oyster Bay stations on the Soutnero Railroad, While there he robbed tue Rev. Thomas Birdsall, who makes his home witn the family, of every cent he nad in the world and | rear yard, thus dation, to mvestigate the circumstances attend- ing the death of Micuael Varroll, an inevdriate, forty years of age, and born in ireland, whose , Geach, it is stated, was the resuit of violence. It was alleged that on the S0tn ult., during a slight altercation between deceased and Patrick McCafferty, @ watchman, then living in the same house, the latter pusied Carroll down in the using the injuries from which death ensued, buf the only evidence to sustain the charge was the statement of @ small lad namud Carroll, reiated to deceased, Deputy Coroner Cushman made a post-mortem eXamination on the body and jound that deatn re- suited (rom eninge and compression of the | &carpet bag Containing spare clothing. Being ; Tatu from fissure of the skull. charged with the theft Rogers saduenis left, and | MoCafferty, tne accused, who xppears to be a re- oing in the night to the stable of Mr. Jacob | Spectavle man, denied his gulit and has made no mailing he stole a horse and Mra. D. Fioyd Jones, He was tracked to Brook: , lyn, where the horse and wagon were subse- quentiy recovered; and soon alterward Rogers | Was arrested and is now in jail. | WESTCHESTER. —_——+ At Peekskill an effort is being made by the mer- | chants to organize a detective force for the pur- se Of suppressing th Roa pargiaee who ate said Mio inlest coat village, at | | Present. It has just been discovered at yonkers that the public hydrants, recently introduced there, would | be aimost useless in case of fire, owing ton de. | fect which prevents the thread \ veing attached thereto. SNe An association, having for its object the better | | observance of the laws regarding the preserva. ie Deke oomng 10 | cided to hold McCafferty to bail in tho suin oF 8500 | fort to escape. Coroner Woltman, however, de- to await the result of the inquisition. empanelied, after which the case w Ull @ future day. The accused dei anything whatever concerning th which deceased ived his injuries. BURGLARY IN BROADWAY. At six o’clock last evening burglars forced an entrance into the fur store of L. Yegel, at No. 550 Broadway, and succeeded in carrying of property valued at $2,000, Officer McNamara, of the Four- teenth precinct, was notified of tne burglary shortly after it was discovered, but on his reaching the built the men had sueceeded in makin, ard learned A jury was adjourned knowing manner in c i. it was rw aoe in tare me! expr wagon, Be standing in Spring, street, and that they subse quentiy drove off witn some tp the venicie, t Police say that they pave no Clew to the | tion of game and fish sn tun connty. was new thieves, madge had changed a ten dollar bill for a neighbor, | Verdict of “Guilty of murder in the first degree.” | They came im about @ quarter before twelve | Judge | be pronounced | -Keep- | tion of the regular organist, and the pastor, Kev. ; F. J. Mooney, will preacn, At St. Pani’s the emi- nent Redemptionist Father Weyrich will p.each, | and the music will be furnished by the choir of the | church, numberiog over 490 voices. ‘The Eleventh regiment of iniantry will hola their annual bali at the Germania Assembiy Rooms, in the Bowery, in the evening. Preparations have been made throughout States Island to observe the anniversary of Washing- ton’s birth asa general noliday, Al) the pubua | Schools and puvlic offices will be closed.~ AN ADROIT SWINDLE, —-—__—_ ; AN OLD NOTE TRANSACTION—FIVE THOUSAND: | DOLLARS INVOLVED, | Onorabout toe 11th day of May last the old an@ | wellknown firm of C. & R. Poillon, ship chand» lers, of South street, gave to James Buckley, am | employé, for negotiation, their note for $5,000, | payable four months alter date. The firm was | Induced to pursue this some wnat irregular cours> | with their paper ujon the representations of Mr. | Buckley that a friend of his had quite an amount of trust funds, which he would be glad to loan upon prime paper at iess than street rates. Hay- ing implicit confidence in Mr. Buckley the Mes: Poillon delivered the note in question to nim ior ly | the purpose of having the same discounted. Tne next heard of the note by them was through Orlando M. Bogart & Oo., note brokers, of No. 3 Nassau street, by whom the | same has been discounted for one Joseph H. | Livingston, representing himself as from the New | England Lite Insurance Company, o! No. 110 Broade way, and to the orderof which company Measrs. Boyart & Co., delivered to Livingston their check for $4,833 33 in payment for tne note. It now appears that the Messrs. Poillon have been made | the victims to a heavy amount o/ a well organige®® set of sharpers and swinalers that bave for years infested the neighvoriood of Wali street. Upor investigation We finu that one George HU. Smitin ; became acquainted with the iact taat sir. Buckieys~ Was someiimes cntrusied with the negotiation of commerciai paper ior Messrs, Poillon, 30 a deep: laid plan was concocted to draw Buckiey into thet | trap and secure possession in some way of | the nove in question, if only for a | brief | time, knowing that the money could be | readily ovtained upon it, Smith imtroducea | Backiey to Livingston at the insurance office, a8 above, a8 the man with tue trust tunds, Livingstou takes the note and disappears with it. Smith follows soon aiter to look 10r Livingston, lu the meantime Livingston returns and says that he paid Smith the money, less’ his brokerage, aud this was the last ir. Buckley or the Messrs. Potl- lou saw oi Smith or their nove, unul cailed upom to pay it, or a dollar of money of the proceeds of the same. Livingston has always Claimed t ‘e acted only in the Tels 4 ola broker in the prem- ises, but Messrs. Beebe, Wilcox & Hobbs, the attors neys tor the Polllon Brothers, claim to nave se- cured such information as convince them thar the Wuole transaction was a weil concocted and deep laid scheme to rob their elients out of $6,000, an-& that Livingston, Dr. Park and Smith were the par- ties Who put up the Job and received the proceed Livingstou was arrested on Thursday evening last at the Grand Central Hotel by Omicers Fields Connor, of the District Attorney's office. He wi committed to the Tombs witnout bail. Park and Smith are not to be found, Aitoge! itis @ remarkavle case, and fully ilustraces one the many risks that atiend the prosecution o| ousiness in the vicinity of Wall street. In justice: wo Mr. S, S, stevens, the agent of the New Enga~ ; land Life Insurance Company tn this ¢ whose ofMce Livingston purported to headquarters, we will state that he says thi check for the money paid oy Messrs. Bryant | to Livingston was endorsed by P. Kenny, his Keeper, as attorney for him, without and that Livingston was only an incidental { recent acquaintance. ‘here ts likely to arise out | Of the transaction some rar legal questi im regard to the responsibility of endorsers an how far a bank 18 lable im its certification of th correctness of an endorsement, as was done | this case by the cashier of the First National | im reference to the endorsement of Kenny, ani | which euadied Livingston to get the money, ROBBERY OF FURS. | Some days ago the fur store of Boynton & in Troy, was robbed of $1,600 worth of sealsk | ia The property was traced to this city, an last evi @ police arrested Jack Straus, | Scene pees ed a. He wag’ up to Tray for & Co. book~ authority,