The New York Herald Newspaper, July 16, 1875, Page 6

THE COURT OF APPEALS Review of the Tweed Decision by Charles O’Conor. LETTER IN REPLY TO JUDGE DAVIS Wisdom of the Albany Tribunal Called in Question. SHARP CRITICISM OF THE JUDGES. The subdjoined correspondence between Judge Noah Vavis and Mr. Charles Conor will be found a remarkable addition to the voluminous Jegal history of the prosecution of Tweed and the instituting of suits against diferent members of ‘tbe Ring in behalf of the State. Judge Davis ad- dresses Mr. O’@onor and asks in @ guerulous sone-why the latter did not inform him before- Dhand-of these views of bis on which the recent de- cision of the Court of Appeals was founded. Judge Davis, as is well known, suffers grave rebuke from the highest Court of the State for his actien in piling on the penaities for each dis- ‘tinct misdemeanor in the charges, of which Tweed was convicted. The Judge has examined the Court’s decision, and he Tails to fina @py authority for their conclusions Rxcept certain arguments of Mr. 0O’Conor’s. Wherefore it is he addresses the latter and calls Dim to account for not furnishing him (Davis) at the time tne trial of Tweed was in progress ‘with these views on which the Court of Appeals Thow bases its decision. He ask him, at the end of his letter, why it was he was not permitted to have the light of that argument, and whether he entertained at the time of Tweed’s trial a belief thatin pronouncing the cumulative sentences the Court of Oyer and Terminer exceeded its Jarisdiction. Mr. O’Conor replies in:@ long letter, travelling vver much more ground than is demanded ofa mere formal response to the question of Judge Davis, yet, nevertheless, showing that it is neces- sary to@ proper understanding of Mr. O’Conor’s Bction and present position to digress in the con- Bideration of collateral matters. Mr, O’Conor vir- tually arraigns the Court of Appeals for its decision in the case of Tweed, and shows logically that all those oMicially concerned in his trial and im- prisonment are liable to be proceedea against by Tweed and to suffer flue and imprisonment fer in- jastice and violation of the law as laid down by the Court at Albany. Tweed was sentenced on a number of counts of an indictment to imprisoa- ment for tweive years. The Court of Appeals in effect bolds that 1f on separate pleas to each count of an indictment hke this a defendant shoud confess his guilt still the Court would Rave | no jurisdiction to impose any freater amount of punisument than that prescribed for one offence. Mr. O’Conor compli- ments Juage Davis aad explains satisfactorily tnat the Court of Appeals misapprehended his posi- tion and his argument. He holds that separate Dfences in the one category of criminality de- mand individual penalties, and that the Court of Appeals is in error in its conclusions. Mr. U'Conor’s letter is exhaustive, and by no means fleferential to the judges who formed the majority that reached the late decision liberating Tweed from jail, on the grounds that he suffered the | ‘penalty on one count of the indictment and was mot liable to suffer on any other. The letter winds up by expressing tbe opinion that neitner the pecuniary interests of the citizens nor the honor bf the State remain safe as matters stand, but the State bas an honest Executive and an entirely new Lezisiature will be elected in the fall, New York, June 24, 1875. SIB—A critical examination of the opinions de- ltvered in the Court of Appeals in Tweed’s caso snows that that Court failed to find amy authority for its decision of the question of jurisdiction to Pronounce cumulative sentences on convictions ef several distinct misdemeanors, except in quo- Bations made by Judge Ailem from argument ‘used by youcn the nearing some years ago of a case before that Court. These quotations are put fortn virtually a8 aD announcement by the Court that at the time of ‘Tweed’s trial you believed that the senate: of the Oyer and Ter- miner were without autaerity. Belore pronouncing sentente im that case I gave to the subject @ most elaborate and careful exam- ination, and I tailed, as tue Court of Appeals rave failed, to find in tce books a single judicial or mentary authority adverse to tke conclusion IT reached, while mumerous autnorities of both kinds sustaining that conclusion, all of which the Court of Appeais have disregarded, were fou @nd carefuily examined. Considering your relations to the prosecution of Tweed for bis frauds and crimes | cannot belp thinking that, although you were not directly or persopailly connected with that trial, it was your duty as a lawyer and citizen, if you then eater- | tained tne opimion which the Court now seeks to attribute to you, te have put into my hands when the subject was so long under consideration the Srgument py which the Court of Appeais endea Ors to justify its decision. You were not tho employed advocate of any pri- vate or punlic interest. You were known to be acting of your own volition, witnout any motive Or restraint beyond such as your uobiassed sense of honor and justice aid have 1: ired, and therefore you were not affected by considerations which may sometimes ifauee counsel, when en- @ in jorensic conflicts, to withhold views ‘Which they deem adverse to their own success, You could not have been unaware of the great respect which an argument of yours would have received from ine, and, thuugn am concurred with 18 views, 1 feel ihatl was ei titled to have had an opportunity to comsider them. Witaeut having been cited by any one, at Buy Stage of the case, that argument is now brougnt forward py tue Court of Appeals as their very spear and sbicld. Umeer ine circumstances I think you wii pardon me for asking why | was pet permitted to Rave the light of that argument efore me, and aiso whether you entertained at she time of Tweed’s trini a delet vast in pro- geuncing the cumulative sentences the Oyer and terminer exceeded its jurisdiction. With the Bagnest respect, lam, &o, CABLES O' Conor, Esq. NOAH DAVIs, New York, June 30, 1875, Hon. Noam Davis:— Sim—The campaign against official malversa- tion commenced through the press in 1871, and mainly carried on by proceedings before the cours, Ras ROW reached @ point which demands attention from the taxpaying burden. aring class. Courage always wins for a Rinaldo mot only the admiration of his bandittl, but a somewhat affectionate and not altogetmer unde- served loyaity. It is a contreiling elements of suc- cess, as foremost delinquent has proven. Either in his own person or through a represent- ative he has turice bearded public justice in that sigh tribunal whose voice is law, and, on each decasion, has received its award that, as against Or his, the Weapons devised by the people's advocates were vaiu and hurtiess. Bowing dati- tally to the image of virtue which imagination may place in fromt of the justice seat for the fecemt homage of its occupants, the learned judges deprecate the possibility that atro- vious robberies such as are snould ultimately go unredressed; but in every case against the peculaters, a majority noid, With unvarying constancy, that the law for- vids such # remedy as that then anger review. “Try, again,” is the implied advice; and if the patience of the public presecutor snall hoid ous ‘his generation may expect to witness through - vue Its allotted term, as @ species of amusement, verjodically recurring proois how thick witted the wople’s lawyers are, and how aamirabiy astute, @ the same uni‘orm direction toward impunity, ine judges of the last resorts are when dealing with peculators, SHALL THIS BE SO? It wa nighly probable result, unless taere svall wrise among the suffering class a determined re- matence te the power by which they are on- imputed, | NEW YORK HERALD, FRIDAY, JULY 16, 1875,-WITH SUPPLEMENT, , thraited and ap inflexipie reselve to reform exist- tag abuses. For some years prior to 1871 the machinery of faction in this State was su organized (Bata cer- tain Bot Very respectable portion of each party co-operatively controlled the government, In- creasing debt, increasing taxation and numerous imM@rect aevices for piuodering individuals or Masses constitused the quarry from whiok these ce workers drew their reward. Party differences Were Dut a name. Just enough of party spirit Was exhibited to color the pretended conflict of those who, contrelling the visible movements of a nominal opposition, were in perfect accord as to the attainment of ends, These eads included great irauds, through public works upon the canals or elsewhere im the State, and enormous plunder, through numerous instramentalities, in the metropolitan city. The Managers were notin ali respects alike. Nominally they differed in Ppohtical opinions, There were other ferences. Some were bold ceflers of moral timent, who regarded success as a con- secrator, robbed the pablic almost without attempting concealment and Lived im epen vioia- tion of common decency; others were V3 thieves, who enriched themselves secretly; still another class were contented with moderate pecuniary gaims and the enjoyment oi respectavie positions, Whereis, actually veceiving others and possibly to some extent deceiving themselves, they exhibited & propriety of deportment which saved the government frum fatal unpopularity, maturity that Samuei J. Tilden, io 1871, under- took tne task of reforming the democratic party, whose organizauion was taen controlled by Tweed | certain pecuiators hailing from poth factions and | canals. ‘the city mem were, however, the real masters of the fluid, | Mr. Tilden’s course and career form, in thiscon- nection, an interesting subject; Sill only a b lef relerence will be made lo it. Notwithstanding ton he seems to have retained bis party reiations. bt accomplished tais object sufficiently to Secure » nomination jor Gevernor tt 18 dificult ior One of the uninitiated to comprehend. He did so, however, and ne was elected. How knavery failed to make an effectual revolt daring the can- Vass isanother enigma. ‘Ihe spirit of satanic op- position which, tardily and Jate, rearea its nead against reform in the Assembly elected witn hun and which then struggied sv confusediy and inel- tectually, 1s also a fit subject of study at this time. A glance at tae names that, during the prelimi- Bary Canvass, came imto notice as his rivals jor nomimation te the Executive chair would be s gestive of pertinent inquiries. ‘To tne lignt di Tivable irom these sources nothing need be added here. The press nas already made public all else that could be desired for some relevant and in- structive calculations in the arithmetic of events, A general assauit slong the whoie line occupied | by peculators was not practicabie in 1871, at any time aiterward until tae advent of Governor ‘Tilden to oMce in the present year. Legisiatton | im the interest oi reform. witha vigorous and in- Nexibie Cmef Magistrate to enforce it, was neces- sary, Bd this Was unattainadle. Wuaat, if any- thing, Bas been effectively organized 1m this way during the present year remains to be seen. ‘The frauds commitied in New York having been discovered, thorougaly exposea and remaining actually undepied, 1t was supposed, in 1871, that ordiuary judicial remedies coula be put in force against the perpetrators, fhe local judges nad, in most instances, received their offices through the favor of Tweed and his associates. Of course the lawyers who were charged with the duty of prosecuting for the pubiie anticipated ariMculties 10 the early stages oO! their suits; put they vad no suspicion that like agencies nad influenced tne constraction of the hignest Court. They Ielt ase Sured that, ia all cases against the roboers, what- ever might happen elsewhere, the final judgment 91 that tribunal would be not merely ta accord- ance with law, -bUt that, im pronouncing fideace measures were initiated. In the civil suits the pecuiators wRich 18 alwa)s necessary to suc- cess, except by prosecuting in the name of the Stace; and, accordingly, that course being neces- sary, it was adopted. The circumstances were seemingiy so favorable that the results must be regarded with surprise. ‘Six mitlions of dollars had been literally stolen by means of county bonds issued in tne form pre- scribed by what was called the Special Audit act Ol 1870, (See Laws, page 478, section 4) ‘This was made the subject of an action by the State agaist Tweed, Ingersoll ana others, Another like iraud, perpetrated by one Tnomas ©, Fielas, attorney jor the city corporation and member of Assembly, tarough @B 1 Ol city bonds nos authorized by any law aud amousting, with in- terest, to about $500,000, was prosecuted against that person. fhis was aiso in the name of tue State. A brief account of these test suits and of ‘taeir fate may be useral. All ow admit that the $6,000,000 theft under the Special Audit act couid not have been sued upon by tae city corporation. There was, however, within the city @local entity of very narrow and lumitea powers called tne county, whose in- vestiture with corporate functions was never needful and was the result of inadvertence or of some evil design. It haa never brought a suit amd it never had n successfully sued. That it showid be the plainti® was @ point which, under tre circumstances, would naturally Qave suggested itseli to any des- erate litigant Who had no defence on the merits, t should be ad@ed that this very peculiar entity had never been legally entitied tu a cent of money orto property of any sort, except by some ex- press statatory grant mace to i. If it could create @ debt or incur @ liability or oe sued it bad no property that could be levied om. It was, however, am official Machine put In motion from time to time by special emactment to impose a local tax for some specified use or purpose; and tuere was in tae Special Audit act, as suosequentiy modified, an authority to impose such a tax jor the repay- mi of those who should advance money om these special audit bonds, Thats author- ity was in fact irrepealable: for th Supreme Court of tae United states, when need- ful, would compel tne county officers to levy the tax. When the theft was perpetrated and pub- thieves this corporate entity called the county had, in law and in tact, no smadow of concern With the matter, except the liability of11s omcers, as the State's taxing agents, to oe put in motion for the benefit of the bundnolaers. If the thieves the county officers no iawful aisposition could have been made of it, except by the State Legisia- ture. Never, im aby shape—in substance, im terms or im intent—aad auy part ef tais money been granted to this entity called the county. Raised for no — purpose but immediate payment to the fraudulent hoiders of tne false audit certificates it could not lawiully be applied to any other pur; . The poudhoia- ers were reimbursable, not by she county, not oy Its people or inbabitants, nor by any one re an except only the fuiure unknewn and as yet un- ascertainabie taxpayers under a levy to be made jor this special purpose. {t could not be proved that ome of nese future taxpayers was yes born when the theit toek place or when the sult was Drought. The only persons injured were this fu- ture UBKDOWR afd unascertainabie class. Ail the Judicial opiaion ever appeaiea to, including that tue Court ef Appeais if in this very case, expressly declares that this local entity called the coumty was not the representative of that ciass. It seemed to the p*ople’s counsel that tae State represented them and was the roper plaintiff! to sué in their vindication, But in the sult against Tweed and Ingersoll the Court of Appeais (Judge W. F, Allen delivering 118 judg- ment) heid thac tre county aione could sue, and atlowea L rseil’s demarrer, thereby uischarging him from the suit. A Ineid, decisive and iully Teasoneg opinion to the contrary was delivered by Judge Rapatio, in whica Cnief Justice Church con- curred, Subseqaentiy to the first argament one ofthe learnea judges departed tnis life; and, besides & temporary appointee in his place, Judges Fog: Andrews and Grover con- Judge Alle: this consttucea & majority, «nd juggment’ passed against the State. for the present this orief summary must suffice; a crit examination of Judge Allen’s opinion cannot be convenientiy presented to the jurists of our country until the judgment Shall have appeared in the regular reports. ‘This Was the peculators’ frst triampa. Tae sec- Ond snould also be stated. it was in a case which presented other features but no complexity. The question on which gne Court and tne State's ad- vocates difered was simpie in the last degree, it will be perfectiy intelligible to every toleravly in- structed jurist in Britain or America. It is dim- cuit to find an excuse for the party that errea, The material facts can be stated in a jew words, by all the courts, authorized Comptrolier Connolly po org d to the extent of $50,000, Connoily issued mds for ten times the amount and paid the pro- ceeds to Fields. A suit was brought against the latter Dy tae State for this unlawful the pabiic moneys. “Lawyers will understa: gTOUnGE Of a difference in the practice irom that adopted in the first suit. The city corpur Was made a codefendant with Fiel alleging that its oMcers fraudulently coliuded with Fields, the receiver, and negiected to prosecute tor the money. Juagment passed by defavit againat the city corporation, and a recovery vy verdict was had against Fielas. On nis appeal to tae court of iast resort this jndgment was reversed. Judge | Folger delivered the opmion. lt concurs in ail tac | positions of tne state's co save one. Ad- mitting tne original wrong as it, aammittiog | that the iraud ana coilasion of the city oMiclals | Was fully establisned for all necessary purposes, | and further admitting that the judgment in that | case, If permitted wo stand, woud protect Fielas im by the city, ns Reid, nevertheless, that the state ceuid not sustain its Fr covery. The same jadges wo concurred m the ‘Tweed-ingersoli case concurred im this opin- ton and made it % Trere was been | no Intention to er AS & judicia! and Mterary periorman | serving serious nutie the conclusion. the poms wa | mor and directiy deciaes, a judg cise tt vis without # blemish, de- uniews there Was error in fully vauriy Jurists skilled in the common law througuuus the world need only to be told that ia (his State tegal end equitadie r it was when this system Bad reached a vicioas | and his associates at New York in alliance with | | residing im the metropolis or along the lines of the | BIS ugqguaiified demand for purity in administra | 1 jucges would be animated by an earnest love of justice and an_ active zeal for advancement. In this con- lhe justice demanded a legal remedy against the | had repented aud redelivered the stolen money to | AR act Was passed in 1570, which, as constraca | }- to issue bonds of the city corporation for a certain | edies are allowed in the same procedure. They Will prenounce upon this decision. 1s was the second triumpa of peculation. ver may become of these two decisions the third is be to live in stery. It forms the precise your inquiry. William M, Tweed was nccused of fitty-one mis- the same indiesment. He was tried for th at once and convicted oi them all, [he trial was Ng Court of Oyer and Terminer hela befole nces were pronounced inst him for thes offences, amounting in the whole to t imprisoament im the New York Penitentiary. with ng $8 $12, 750. ofenee of this sort the utmost pun-_ ed by law is one year’s imprison- of $250, Tweed spent a year in proper receiver $250, aud then beas corpus claiming to ve discharged. Alter decisions against him in the suberainate tripuaals his case came before the Courtof Net or and, as usual, peculation was tri- um ‘t. He was discharged. And here we enter of the ciroumstances whien give this ta As apove remarked, Tweed’s government had quite too much influence inthe New York local bal to admit of success im criminal vros- the outset of tne cam; Swindiing. But time and ‘persistent effors wage hanges. some of the local judges were im; ed, and by their compulsory rr with the destructiun of Tweeu’s contro! over the Daliot bo: local judicti ze Events are approaching Whioh will guide intelli- nt opinion in inquiry whether it was com- tely pu a or Still needs expurgation through power, lour-fitths of which will soon be electe Ovher judges were chosen by pie im the beliet that they woul1 adminis- Ce tm was yourself; and none t in trying the indictment againss Tweed you faithiuliy, diligently and honestly en- deavored to periorm your Gury. ms It Ls sat the Court of Appeals that, how- justand legal it mignt nave been to inflict them on as Many different indietments, these suc- cessive pu ould Bot have been im- in & single case ana under one indictment, | Your integrity and love of justice are not ques- | toned; bus you are said io have violated jaw. Tae highest Court has pronounced you just, but sentence retorted upon you by toe liverated male- factor’s fri you are bject to pudlic Rumiltation and that your juciciai reputation bas received a blow. it isconfidently asserted that tne jadg- ment of the proiession at large antictpated thas of the upper Court amd pronounced your ac- evidence of this, thax condescended to accept, adopt and promulgate, as aptly expressing its own, MY Opiaion against the practice pursued by yeu at the trial. That citauon has jorced upon me the duty which Ll am now performing. ‘The judgment of the Court of Appeals was not pronounced on a writ or error brougat to review jecision by which Tweed was compelled, against his objection, to acquiesce in a hearing o! ail these charges at one time, It was a determination that no tripumal in this State mas power to try and punish a deiendant for several distinct and Separate offences under indictmeut., Even though the detendant should acquiesce in tne union of several pending accusations against him even though he should preter ne well might umder some circum- stances, it 18 decided, as a matter of jurisdiction, that there must be a separat trial for each separate offence, the full pueisnment. Nay, more; the settled forms of pleading, which are the vest evidence of the com- mon low humerg¢us counts ip the same in- dictment and require each count to allege a sepa- rate and different soem Hy is held, im effect, 1otment thes trame de- fendant should coniess his guilt, still the Court would have no jurisdiction to impose any greater mount oi punisament than that prescrived for o1 lence. < concerned in it for such damages, remunerative or vindictive, as @ jury of twelve men may see fit | dicament are included tne | ‘arden of the Penitentiary, yourseli (the Judge), the Clerk of tne Court, the counsel who | for the sentence aud many others. | nis would lie and each of these | be put to peal for ae mignt Xeoutive ciemency as his on! & doom to the occupancy of Tweed’s cell in the Penitentiary. affected by the Tilden anim elected to the Governorship after the peculator’s first judicial triumpo, an event not then ae chance of tnese well meaning but inquents to escape the vengeance of | jaw might be less perfect than it 1 turned out. Another circumstan ice. Avter the (ull year nad rt erable Governor Dix, indignant favoritism waich screened Tweed from the puni- tory treatment Uealt out to common offenders, took Measures to compel a more rigo: The suarp reouke contained in his letter of Nov ber last will be remembered. Thus it may eppear that ne also Rimseif under tue lasa of that law no jounced by the Court of Appeals, Let not tnese sugges: be deemed visio: On the 23d inst., the day succeeding Tweea’s liverance from tne Penitentiary, tne Jollowing announcement was mage in 4 vity journal whose area of circulation is the whole civilized world, and whose credit a8 @ chronicle of current events and Of the various sentiments of classes is equally | extensive :— “TWEED'S CHANGE OF RESIDENCE. A release trom Blackwell's islana, to be immured the Ludlow street Jail. may seem no gain; but reac one, all things considered. Tweed nas not recovered his liberty, but ne has put off the degrad- ing striped dress of x convicted criminal. He is no longer subjected to compulsory labor, no longer forced to eat the ‘doled out to felons and sleep in a narrow cell, but is allowed to dre: he pleases. to select any et hi , and to employ his time according to He jv whatever grim sal - lic humiliation of the Judge 5 Z compelled by the Appeals to sign the order for ois release. Kevenge 18 sweet, and, besides enjoying this Judicial reputation, Tweed has mind the question ot exact of his imprisonment which the State nas deci to be illegal. change as he could not it it had To be set tree b: | nis hi | dence in their tu ure ei im the new suits. 1 therefore, idle to assume that Tweed does not think | himsell better off than he was in nis convict's suit on | the Island.” | So far as that artiele might be thoughts to imply on your part censuravie motives or detected | Igmorance, It a0es not express tre jour be- | lel; nor was it intended to be so wi | lt was merely signed to exhibit prominentiy | in the editorial column the common sentt rr | the public ‘mod, im cnaste pi how Davis had been iorced by court of Ape is **tO eat bis words,” We thus find, as a consequenee o! the peeulator’s third triumph in the Court of Appeals, that you, cape the loss of your estate in damages ag weed’s furoearance or that ol a par- ‘On, as W nor Dix arly actively moved by can only avoid ing ry tarough some similar in- duigence. One pot, more importai twese in every true nian’s estimacion, 1 Dies: Let us then see now this matter of the accumu- lative sentences stands as between y: if aad hi tribumal, by sue things, thas argues in sap- ati amoi port ofits Jadg “Bminent counsel claim with ‘at plaasipil: et show of reason thi e rule permitting thet nf a | ces atthe same tims Mr. u'Conor before reterred to, and ad language, tor tn> reason that he very clearly and tersely expresses the position and ‘the argu- Bly, except presly authorizing such @ course, it has not been the practice to allow two nces to be tried at the same time either indictment or penal action. s the confusion a whien @ trial at ene time for many offe Would involve the accused, sucn @ practice, if | tolerated, woud break down and utterly oditeral | many principles ot iaw that a1 p not be ahegea ttempied to be is equaliy well At we public prosecut of a common in- | former in a penal action could put an unvopular person | on trial for quency imputed to bim d¥ com an one (however innocent) | ‘under the "weight of une he gins, ,ueere, of nloy- aiiiat @ iatfon and. the proot is prehension concerning this arn | cr er few jud.cial opinions. Be. ¥ counts in am indicument or 1 on Its face must be tor a different hastily assumed that distinct ns ovcuirring at diferent times and places and constitu-ing so many different offences may given in evidence on the trial of an indietment oF on. ry The tew cases that arc to be found giving an apparent sanction to this notion Netent to lish 1." the learned counse usual accau nd discrimination, reviews & note to toe Lriet and shows that his posi not without foundation, and I incline to coneur with him ia opimon. bis arguments appear to me wuanswerable.”” ‘There was a pungency in this citatton. A lawe yer NOt suspected Of iavoring peculators is 8vO to Dave condemned with ne practice aaopted the learned Court was happ Jormance may be vest determ | som Of this extract ol the Same precise point a very | lousiy. Y argument thas cited against your acti delivered betore the Qourt of Appeals in tl of Puilo Jounson ve, The Matson River Rall- Compaay, in Septemver, 1871. The plaimtifl red in one action ir this editorial per- ed oy & co demeanors im as many separate counts of one eae | a several successive or accumulative weive years’ | xDation, or disqualifying conviction, togetmer | earned or wise. Honest, but not able, 15 the | is. Taey exelaimin iriamph tbat | toa erroneous, Taat high Court has tenderedone | 526 penalties ef $50 each for offences of the same hind. | Eopeees An appeal was taken to | Of Appeals and the entire jndgment was thero reversed on tne merits, without any releremee to wu a whether # party could be tried for jumerous délingueacies at once and subjected to Bumefous penalties in the same action. Judge 0) While at the Kar, was of counsel for the defendant and, of course, he took no part in the | hearing oa appeal. I argued the case inthe upper Court, }t never has been and is not now uggested on any hand that, as it respects ti | M2 one trial and judgment, there is any aifer between penal actions and indictments. In prin- ciple there is none; all the authorities plaimly show it, and itis on shat account aloue that my argument, thas cited by the Court of Appeals, had any relevancy to its decision. Although it turned out not tobe necessary to an tual decision in the Johnson case or, perhaps, | any other, the point was re'evant in many suits | then pending on appeal, and it is presumacie that | this very ment was urged upoa the Court oy | other counsel im these other cases. However | this may be, the appeal judges, us we shail see, | Considered it and fimaliy disposed of it. On De- | cember 12, 1871, while the Johnson cass was ret | under advisement, Fisher vs. The New York Cen- | traland dudson River Railroad Company (46 New York Reports, 659) came up and was decided. Judge Grover, in delivering the epinion of te | Court, spoke as foll»-ws:— “This maxes it unnecessary to determine whether if | several penalties are recoverable they can ail be re- cove) hether @ sepa action 4 dismiss this part of ry mars that, irrespective of | what was the early common law rule, or how the ques- H 6 Fmined upon prin- | ciple the.ruie has been cons dered, settled and | acted upon in this dtate, thas they can all be recovered a one action to permit any departure from it by this oar 100 Lon, | | Of course Judge Rapallo declined to vote, and he stated the reason. We have seen that he was ‘onterested in the question af counsel.” This very declinature, eminently proper as it was, lends | force and point to thw statement, if either was | needed. It snows how distinotiy the question was | brougnt under the notice and ronsiaeration of | the Cotirt. Cntet Judge Church and Judges Allen | and Polger are expressly namea a3 concurring | with Judge Grover. Thus, tur the guidance of counsel, prosecutors and imierior courts, the rule permitting tae infliction of namerous panisr- ments for delinqaency, through one trial and judgment, was declared to ve periectiy estab- | lished—so completely, indeed, that the Court | could not “permit any departure irom it.’” Tae volume of State Reports announcing was pubiisned on May 20, 1872. Scarcely eignteen months had elapsed alter that date when, on ‘Tweed’s irial, you apple the “rule” thus pre- soribed to you, ‘Had any one then read to you my brief in Johnson's case as persuasive evidence of the law it must be presumen that you would have | promptly referred to Fisner’scase. You might ve added, “If that argument cannot bs an ; Swered it cam be overruled. ‘The delioerate | Opinion of the highest Court in the State isagaiust | it Whatever { mignt think of its legaiity the rule laid down by that Court controls m nd I mus! obe; Had you nos foiluwed the rulc so re- Ruunced inexcasably ignorant of it, or justly cen- sured for insubordination. Whether @ doctrine so resent ana so emphatt- cally repudiated should have been at oace ap- proved and adopted when its effect was to open the prison doors avd exempt a peculator from penalties, tne Appeul Judges may answer as tuey Dest cum. [tis not the quesitoun propounded to | me. The dases smow that my argument, nowever | irrefragable, was before the Cours and was re- | pudiated by it when Fisher’s case was decided. t course I did not believe when Tweed was tried that you could have ‘treated tmat argument as | vaud. You ask whether I supposed that the | Court of Over and Terminer was exceediag its Jurisdiction when you proceeded to impose the | cumulative sentences, he above recited utter- | ance of iis views by the Court of appeals in aecid- ing Fisher's case forbade my regarding tbat act even as an irregularity orane:ror. The notion that At Was an excess of jurisdiction mever foundplace | im my mind even tur au iastant, There does not se>m to be any color jor it. Had the Court of Ap- | peals entertained tais point anew upon a writ of | error brought by Tweed, and, atter auly reconsid- | erimg its furmer coaciusion, reversed 1/, 1, at least, might have been well sai Douvtiess { would have been as muca fatte! surprised. Puoiic prejudice, nor would crime ha’ with ltmmanity. The only have bee: with the altered vii more enlightened tuan those expressed in Fisher's caso, which fuller re- flection or avler arguments had generated in rT it the Appeal Judges. But by been Jurnished | changing their opinion, and carryiug the point 10 | jenial of jurisdiction, they have let io groat | a Practicai mischiels. Some of these have been already noticed; practically the most serious is plete deliverance of the culprit from any punishment tor fifty crimes of which a jury has pronounced him guilty. The judgment stands un- versed and im fuli force, though the penalties ed remitted; and if prosecuted for any of these ‘Y unpunisned delinquencies he can now plead, an effectual bar, his former conviction. The decision that the joioder, fuma by the Court's new lights to be erroneous, affected tue diction and was, therelore, reviewable Deas corpus, wiil not-be approved by tne body of enightened jurisis whose scratia | 1t# importance will naturally tavite, They wiit | not be apt to recognize in it any other merit than | consistency nor any consistency except thas which | May be discernable in 11s similivude to the two | lormer judgments of the same tribunal in the quent’s party, that all those who constituted the | intuority in the former cases nave joined tnem- | Selves untu the other four, so that anauimity now reigns within the Court, the fact is to be regret- ted. It presents an exigency which should oe | Vail. Nettoer the pecuniary interests of our citi- | Zens nur the honor of our State cau ve deemed | Sale as matters stand. But we now lave an Ex- | ecutive opposed to peculation, and in Noveinver entirely new Legisiature ts te be elected, What is yet unstolen in the hands of the pevpie be preserved to them 1, they will act promptiy mploy for tneir own rescue the means Watcn are in tueir hands. Yours respectially, CH. O’CONOR. THE HIGHWAYMEN’S STREET. DANGER OF CROSSING THE WILLIAMSBURG FERBY AT NIGHT. For a long time past it has been worth almost a man’s life to pass througn Rooseveit street at a late hour of night, owing to a gang of thieves ana raMans that infest the lower portion of the streets ‘which lead to the Wiiliamavurg ferry. For overa year nine out of every ten of the residents of Wil- iamsburg, who compeiled to remain in the Tr portion of the city late at night, take the Grand street ferry ratner than return tnreugh Roosevelt or South street. During the past four weeks over three persons have been waylaid and robbed along one or other ets, but no arrests have been ago @ lady named Mubdoard was seized by three ramMans, adout ten o'clock at night, while passing through South street, having left Bieecker a roboed of $3 70. it week @ named Stephen 0, Harrison, ding et, Willlamsburg, was iddenly y ked while on their way to the ferry and that they had to run for tneir lives, Mardiy a night passe: it ae aketeta ce can be seen on duty about the ferry. ie detatied there, but he falis to show himsell out- ‘be enclosure, and when he does it to lock or tw Afew nights since of o and had the satisfaction of seeing twice in four hours, Within street station house stant rumMans, two of wh term in State Prison, while near t can be found a like number, all well known to the r but no efforts have oeen made even to Way as cormoer loafers, is group our reporter found beat standing, talking to tl mis club over his two fi 1 ¢ poilcem: feet of the Oak olice- 0, as m the conversation goiog ou as the thieves to he was taiking. Edging RP to one of the g je reporter overneard tne fol. lowing conversation Policeman—Did you see bounce man, Jack? If she dou’t keep in doors | am going to take her in, I would have long ago only soe is "8 motoer. (‘slip is weil known in the it old wo- |—Well the old woman is a damned no govd carting herin, they on! besides, the boys Will always pay her fine, for she never squeals when they pass her 1% “swag” to keep hem. i—I was just down in Dan's, and he’s uple of young chaps running the bar, with is) Lizein their company. He will play them for all they are worth. @ policeman got off this, he started down the street, sioging and twirling als club, evi- dently unconcerned wi er # respectabdie citi- zen al being ruboed at the other end of his post or no DEATH IN A OELL. A Weehawken laborer named Patrick Corrigan, thirty-five years of age, was arrested on Wednes- day nignt by Oficer buckman, of the Tmrd pre- cinct, Jersey by and looked up on a charge of je had been only a short time in m he Was attacked with a fil. City reeman was summoned. After ud- ing some Medicine the man Was restored to consciousness and the physician left, sayiug that the man would be ail right im the morning. @ driok of water roundsinan the vouy AR hour aiterward he receiv and ten minutes later, wien the looked into the cell, ne man was dead. ‘astaken to Remhara’s Morgue. Corr joyed on the canal ducks. He leay childten, that the objection had thus received i's yutetas | cently procialmed you might nave peen pro- | uence would | new trial conducted im comiormity | | Civilcases, If it be true, as alloged by tne delin- | | Met. Unvnimity in seeking a remedy should pre- | TAMMANT'S TROUBLES. Demoralization Among the Rank and File and Its Causes. THE BOSSES AT LOGGERHEADS. The Attempt to Discipline John Morrissey and Its Result, A REVELATION THAT WAS SURPRISING. It would seem that Tammany Hall, with all its patronage and power and prestige, is unable to keep the rank and file of the faithful in peaceful | order, and that, despite Mr, Kelly’s assurances to | tme contrary, the sachems Bave a very unruly | family to deal with in the various clemeats which goto make up the General Committee, Under the Tweed régime ry ome who has Kept the run of city political affairs knows full weil that each Assembly district general committee Waa the creature of the “#oss,") and that every nomina- tion made by Aldermanic or Assembly Convention Was made only alter “Big Six’ had set down his foot and given the word as tojust woat each con- | vention should do. The local conventions were, | in Jact, a8 80 much clay in the hands of the great Seventh ward potter; he moulded each to suit nis tastes, and whatever there wus, in bis opinion, of earth displcasingly earthy im the ciay to be moulded that could notin the end be turned to good purpose he i THREW INTO THE DITOR with the same unooncern as the Custom House | people now regard the bue and ory of the republi- | cans of the present time, who, because they can- | net get places of profit under the general govern- | ment, are determined to kick up @ dust at the next | convention. But Tweea’s power nas gone, and | mm its steed has come the discipline of Mr. Kelly, | The Tammany General Vommittee that came into | power some months ago were his devoted iol- lowers. While he said trom the start that he Wanted no piace there was not a member of the committee who did not have his weather eye fixed upon some berth where he supposed ne could for very little Work draw very good pay, and at the ®ame time be rated amomg iis neigubors, if not | a8 a fellow of infinite wisdom, at least as a some- body of more than finite persuasion with the | Boss when Tom, Dick and Harry, who voted | early, and oltea Rauksred aiter a place on the big | pipes or somewuere else under tne care of the | city, ‘The democratic sweep in November, as everybody knows, gave the hangers on ol the { party great hopes. They sawina vision, asit {ter the election the democratic Governor democratic Mayor DINING AND WINING TOGETHER | in the. Gramercy park maasion, and, between | their sips of Roderer, planning out the campaign of the future, whicu was to begin witm the de- | Capitation of tne Fire Commissioners, the Health | Commissioners, the Police Commissioners and tre | Corporation Counsel, and to end witm the driviog any material | out of piace, position aad comtort every repub- | ican office holder, great and Small, so tnat the Tight wing and te left wing and the centre of | the grand army of democratic place bunters could | take up their positions sly on the grouad occu- pied by the retreating foc. How all these prigut hopes have been dashed all democratic grabbers Jor office now understand to their great discom- | fort, and sow the present situation, mixed ana | muddied asitis, 18 the legitimate effect of the | tomfoolery of Governor, Mayor, Boss und Assem- | bly leaders needs mo argument to prove. Stil, Wwe democrats wuo did not want offise |anad wao are able to. make their | living honestly without pledging themselves to | the pans and trickeries of would-be leavers give | the Mayor tne credit of having @one ail ne could | to make an open Way for democratic patronage | for the small iry, since ne had the courage to send | bis removal notices to the Governor im the cases | O1 those Com clamor had been ihe must loudly direvted.- Fur tume bis Se degre of Porter a8 U.mmissiouer | of Public Works was lovked upor a8 a biow at tae | Ssuort Rairs;” Dut the aw: f al! tue minor | ouage to the “buoys” im the department for | @ time levelled the rough piaces, and made Ward leaders see! that, au ir harvest had come, But muny weeks @ passed since theo, | and. what with Greeu’s delay of months to approve the sureties uf contractors whose obce begun, would be the means uf putting oundreds of worxtugmea now idie una in waus at work; tne rei | Orpor in acting upon the removais v1 the Comuis- | stoners againsc whom charges were made—ail | these talugs ave.combined Lo create a distrust { OL Me local democratic leaders. At the present time it is safe to say that as a result o1 all chis the General Committee of famimany Hall is dis- organized, and jt needs only » move or iwo to create & cowimetion which Will sweep out o1 power the men who now assume to control it. ‘Tus fact 1s so patent te the leaders and was brought home to taem 80 vigurousiy 01 late oy THE OUTCRY OF THE LABORERS Teduction Of their wages, and so Ward leaders were found ready to join in the outcry, that aecisive measures were rettled upon to bring tbe discontented Assembly wire pullers into the lines, and, that peing out of | the question, to place them in such an ignuuminous | position as to compel them to | down and out of the charmed circle | ol tae wigwam. This decision it was tat | Drougat avout the lavesigations (which have | finally closea) into the condition of the various | Assembly districts, ‘he Committee on Discipline had its Work Mapped out, of course, when it began Operations & month ago; and, composed, as 11 is, of men who have been im trouble themselves po- | itteally, 10 Wen’ 10 Work wita a will \o Gnd ous it | aby member of the General Commustee had failed to be saithiul to everything that toe leaders had done and said they intended to ao, When tho | committee was first instructed to investigate the @istr.cts is was generally understood toat there | Were put two districts which were aimed at— | Sherif! Conners, where there nas been a great deat of pulling ana hauling damag- ; lug to (he interests of ths party, and she | Eleventh district, the raling genius of which is | gonn Morrissey. He in reality was the sole object | to be reached oy the investigation, and though | toree weeks ago he appeared, on suuimous, belore = | the committee and gave them @ piece of bis mind, | DO one was bold enough to faee the Honorable | dobm as an accuser. Ques:ions were put to him | thick and fast, but he could not be cormered, ana | When he fiercely demanded to | tioned his honesiy as a true democrat it is said | Boyd, tne chairman, nearly tainted, while Maurice | Powers, bis assistant, looked a¥ if be wanted to home, even if le went sans bat, sans coat, sans rytniog in the clothing line. There was | ever, no open accuser to oppose Joan’s vi | the situation as he had openty expr them Weeks beiore, especially since the day when Mayor Wickham reluse: to appoint wis irrend James | Hayes a tire commissioner, aud saus the conm: ju he was concerned, ly unsatisiactory, a new plan to get rid of him Was decide:t up in whe success of this lor days past, EXPECTATIONS OF SOME OF THE LEADERS been centred, and, indeed, a lal number General Committee, who | Railirom regions bot coafined within t! limits of the Eleventh, have been taught to consider the | straggie as o | party” Miuged and would hinge for years to | come, Morrissey’s friends say that the men who | the back of the movement agains: nim are | Mere novodies of themseives—men who have no personal joilowing in the district, and who would | Mot have dared to Kick up am unless egzed on by influential persons who desire, ior pres- ent at least, to remain in the backgroud, {t was ascertaiued last Week, by a thorough canvass of | the various districts, that if the Mayor aud | Kelly (who are, according te the Morrissey pi 1@, the real instigators of the plan to ousc him rom Tammany) should succeed in getting the question of his expulsion = beiore | the General Committee they would meet with @ disastrous defeac; and so the new idea to get rid of him had to be adupted. Morrissey was sounded and it was found he would not resign, and so the campaign was begun. finding that to oust him by mere force ot numbers in votes (grant- Ing that that were possibie) would only gatuer apout him the xympatiies ot the rank and file, who would look upon him as & persecuteu man, the plan was to get ais General Committee away from mim. HoW was th 8 to ve done? Very easily thought one of the wiseacres of the wigwam. “Go tO Work aud have a reorganization of tne committee of the district; let a peuition be circu. lated calling for @ meeting to reorganize. Spot | the men ty be put ont and fx beings with Lue | others to put the right kind ii their places.’ Tnis was | THE OUT! | and, so far as could ve it Was carried ont, and the | Wockers did net cease their operat unth yes- terday, when they suddeny discovered they tad ail along been conaung without their aost, There are thirty mempers of the General Committee of | the Kleventn atstrict who, of course, are mem- vers of the Tamiumeny General Commitee, The Jatter does not meet untii the first ihur ptember, und everyiming being sm easy, @ majority of the General Vommities of the SE OF BATELE step | Know who ques- | upon which the ‘vod of the | mers against whom pepular | district easily the hon: le Jonu, ger ee Bien nom opr ory rk? moath before the Tammany Gen¢é! Committes could Nave @ Bay about iis case, Stil it Wad Bot the purpose the men opposed or 2, Morrissey to make @ martyr of him OEpE es 1M Out, They were too wise for that. Tuey a cided ti by phe petition line of pohey they could geta@ majorily vf the General Commitiee they would have John elected as a member, but be sure of a majority who would not be of Jong’s way of thinking. “thos,” argued the plotiers, “we will gain a complete victory by refusing to make him @ martyf and at the same time shear. ing him of ail power.” in the eud trey jucged that, disgusted with a back seat, be woald také up his hat and jeave of uis own sweet accord. ‘The men, 1t 18 said, whu have been doing the en- gineering work against Morrissey afder tne retence of beimg desirous of ousting Tom ulligan, Harry Ford and all the otner “growiy” members of tne General Commit. tee of the district are Peter Trainor, Barney Morphy, a young lawyer named stetsou, ap- pointed on the committee about #1x months aga at tue urgent solicitation of Mayor Wickuam; Willis Payne, agother lawyer, aod Harry Hamil- ton. The laiter, aowever, has since ordered his Bame to be taken jrom the petition, The doage O1 the reorganization Was seed through by thd Morrissey men, aud on Toursday and Friday last they Worked like neavers to Gad out and ‘copper Dutrom,” as one of them expressed it, évery member of the committee. The result leaked wut Yesteiday—only seven out of the thirty members of the committee had been INDUCED TO SIGN THE PETITION. The dead set, ir seems, was made upon that t of tae Iwentiéth wara whicn jies in Morriss¢. district, where Mulligan, Ford, Trainor, sietson, Payne and Hamiiton resiae; but out of the sour teen votes in the district 1t was discovered that Morrissey controiied ten and that te eight in tne Twenty-first ward and the eight in the Eignteenth ‘ard, Woich Make up the balance of the disirict’s Strength in the General Committee were solid for him. “This revelation—as it was to the peution 4 en—was telegraphed to Morrissey by a irienu on hay day night aod the reply came back with JAD KS 3: Knew it all the time. Mort ey’s backers are indignant at the machi. hat were set On foot to ivjure mm, apd the tudications are that it Jopn nimself dues not wterlere they wilt raise mischief at the meet ing of the General Committee next Septem- ber, Said one of them yesterday:—‘Just think of the idea of persecuting a man because he dared tv express his Opinion about the way things are being managed in the party. Morris- sey doesn’t gain anything by remaiuing in tame many Hall, yet he wou’t be a siave and he isn’t olug to let anybody put nim out betore he feels fike woing. Te only money we bave liad ty use in the Kleventh district of late at elections Nag been Joho’s, with the exception of the hutle aup- scriptions we'd get up among ourselves, He nag given as much as $5,000 at a Ume ior che disirict, Ii spending one’s inoney and time tor the party is a proofof one’s bemg a disorganizer Tammany } Dad better zo out 0: political business.” itis bat jost to add that all the leaders of Tum- many disclaim having had anything to do with the plan to put Morris in a back seat by bav- ing his committee reorganized; Duv one of the members of the Tammany Committee on Orgaur wation, M speaking about the matter last even. lug, siguilicantiy remarked ;—"*Morrissey 13 in tae Way. aud brings down Upon us, by Ms past con. nections, the sneers of the republicaa press, We May not wind up this business before the pegs eiection; bat wheu the election jor the next General Committee takes place we will have the inspectors all right, and those Whom we do not Want wil not ve elected. Still, before election tis troubie may be ended.’ ‘The questiou now ts, How will ‘thls trouble” be ended? ihe Tammany sachems and Morrissey alone can settle it, Atall events, as things now stand, John bas won frst piovd and the frat kuockdown, BROOKLYN COMMON COUNCIL. APPOINTMENT’ OF A COLLECTOR OF TAXES—AN ASSESSOR CHOSEN—INOREASE OF THE PAY OF FIREMEN. There was a meeting of the Board of Aldermen yesterday afiernoon pursuant to adjournment on‘last Monday, Jor the purpose of eutertainmg the nomination by His Honer Mayor Hunter ofa candiaate for Collector of Taxes, There was @ | large attendance of “disinterested” political indie viduals in the looby, Aud speculation was rife ag to wien of the two candidates for the office— Dominick Roene or William A. Furey—would win, Aleerman Daniel O'Riley presided. The Boara received @ communication irom the Mavor nomt- nating Assessor William A, Furey for Vollector of Taxes and Assessments in piace of Lemuel Bur+ rows, Alderman Ropes, in seconding the nomination, said be was glad to feel able to move that the ap- pointment be confirmed, He bad during the lass six years frequently met Mr. Furey at nis post, and he baa every reason to believe lim to be a man of integrity, aud that he will discaarge tne duties of the position honestly ana well, The loovy appiauaea tuis indorsement, and the appointment was coufirmed by a vote of 2510 tue ailirmative to 4 in tue vegative. ‘The position vacated by Mr. Furey was worth $4,500. Lae salary of Collector of 1axes 18 §7,000 per year. The Mayor also sent in the name of Charles Kiehl, ex-Alderman of the Sixteenth ward, as a Diember of tue Board of Assessors in the place just vacated. The nomination was unanimously confirmed, The veto of the Mayor disapproving the reso!u- | ton .of tne Board alrectiog the repavement of LOf the Gove | | | one occasion threatened h. Bridge street was overridden. ‘The resviution of Mayor Huoter disapproving the iwerease of the pay of the firemen irom $900 3 $2,909. per year was also overridden by a vote of to 5. Contrary to expectation tne Railroad Commit tee whowere SoRteEE the proposed change of route of tue Elevated Railway tiroogh Myrtle avenue made no report, Tne Board then adjuuroed till the first Wednes- day in August. , THE PORTLAND AVENUE AFFRAY. DEATH OF JOHN CARLIN FROM HIS WOUNDS The Coroner of the Western district, Brooklyn, Was nowilied yesterday morning to boid an maquest to the circumstauces attending the infliction of the injuries which led to the ceain of John Carlin, who expired at the City Hospital. Deceased Was stabbed auring a drunken fracas on the side- Walk in [rout of McGolarick’s liquor saloon, core ner of North Portland and Flushing avenues, on the night of June 15. ‘ihe kniie with which the ‘wounds were dealt penetrated the left side and the Jungs. Cariin, who was a young man, boarded at No. 30 North Portiand avenue, and on the evening of tne fatal ocourrence he visiied Mc+ Goldrick’s liquor store In company witn a man med Edward Reid, aad drank some liquor, hile they were st the dar Charles Kingsbary, James Noggs, Michae! Dwyer and two others en- tered the store, Boggs ana Keid vad not been on amicabis terms for sume time previous, and the Jormer youth, it is said, had on more than 1s antagonist, Ou meet- ing they exchanged angry words, aud would have proceeded to biows in the store but for the pa- Temptory manner of the proprietor, woo put toe party out of doors. When ou the sidewalk Reid received @ Slap iu the Jace from Boggs, who then ran away. Keld, in atremptiny to tollow him, fell in the gutter, and was set upon by Kingsbury, Dwyer aod the others, Carlin went to tne assist- nce of bis companion (Rei), aud it was in the Tuggie which ensued that he met nis d3ath wounds. He was picked up by an oMcer and re- Moved to his boaraing house by @ puiiceman. Lo the course of aiew days the entire party ol ruf- flaos were arrested aud duly committed before ice Kiley. Dwyer and Kingsvury were chargea rlin in Mis ate-mortem stateinent with Nave ing stabbed him. The accused Will, no doubt, ba indicted by tne Grand Jury, now in session, Coroner Simms will commeace the inquest to-day. CONFIRMATION IN BROOKLYN. Tne sacrament of contirmation was conferred yesterday afternoon upon 500 children at the Church of St. Mary, Star of the Sea, The girls, Who numbered more than one-half the recipients of the sacrament, Were attired in spotless white, wearing long veils, red sashes and green and white wreaths, while the boys were neatly dressed, The children formed in procession ts iront of the parocaial school house, and, pre. ceded by acoivtes bearing the bauners of the sodalities, waiked across the street and, moving the length of the block, returned to the side Whence tney came and entered tne church, where they were assigned positions under tne direction Of the Sisters of Charity and the brothers of the Order of st. Francis, Who prepared them for the rite, Bishop Lougolin officiated, assisted by Rey, Fathers Cussidy, Fould and O'Neil. The church was crowded to excess, ‘THE HACKENSACK MEADOW MURDER. The body of the man who was killed by tramps on the Hackensack meadow still lies at Reinnara’s Morgue in Jersey City unidentified. County Phy- sician Stoat ani Police surgeon bird held w post mortem examination and found a fracture of tha skull just bépind tne leftear, The inquest will be held Monday evening. The woman who keepa the tavern near which tue mur wok place states that on Monday witernoon tiree men, w Woman and &@ coud approached tue tavern. dhe men remained ontsiae, out the woman and cid entered and asked sor’ crackers aud en She observed to st of the three men | Ing excited. w brief dispute he struck | low-sized man @ heavy blow on the head, Jatter ell, and sie Olt Hot see him tise again. ‘The two men tien Waiked off 1a the directiun of Newark, lollowed by the woinan 4 cilia, his statement will probably lead to the gapture of the murderers