The New York Herald Newspaper, August 3, 1875, Page 3

. REDIVIVUS. The Great Scandal Trial To Be Reopened. FORMAL SERVICE OF NOTICE. The Case To Come on the Sep- tember Calendar. VIEWS OF QPPOSING COUNSEL. Determination of Morris, Surprise of Tracy, Confidence of Sterling. —_>———_ WHAT PRYOR SAYS AT SARATOGA. r Considerable excitement was created last even- ‘ng at the Brooklyn ferries by the aunvuncement in some of the local journals that the counsel of Theodore Tilton had given notice to the legal Advisers of Henry Ward Beecher that a new trial would be demanded, People who heard the news scarcely credited It, but when it appeared to be a fact the proposed new trial became a leading topto of conversation on the street and in the horse cars. Men once more took sides for the plaintiff and defendant in the great scandai suit, and it almost seemed as if the wonderful trial was again in progre: All of the old phrases that made the case so famous were heard, and it was amusing to see how readily people ran into the old grooves of flebate, ‘Ragged edge,” ‘stepping down and out,” and other familiar quotations were Ire- quently uttered, tnus bringing back to mind the long, tedious and wearisome proceedings In the City Court of Brooklyn that occupied the Arst six months of the year. TUE LEGAL NOTICE. Yesterday afternoon ex-Judge Samuel D. Mor- ns served the following formal notice on Messrs. Shearman and Sterling, attorneys of record tor Mr. Beecher:— 4 City Court of Brooklyn—Theodore Tilton against Henry Ward Beecher.—Please to take notice tat the issue of jact in the avove action will ve brought on for trial and an inquest taken therein at the next term of the Uity Court of Brookiyn, Appointed to be held at the County Court House, im the city of Brooklyn, in said county of Kings, on tue first Monday of Sept mber next, at 10 o'clock mm the forenoon of "at day, or as soon therealter as counse/ Can Le ueard uniess sooner tried, Dated the 2d day of August, 1875. Yours, &c., MORRIS & PEARSALL, Atvorneys Jor plaintiff, No, 193 Montague street, Brooklyn, N. XY. * fo SHBARMAN & STERLING, attorneys for defend- ant THE DATE ibus fixed for the new trial demanded by counsel lor Theodore Tilton was the earliest that could be selected, for the reason that allof the courts in Brooklyn have adjourned until September. Mr, Morris declared that it was his intention to place she sult on record in the City Court, and hoped that it would find @ leading place on tue calendar, He took this view because the Issue between Theodore Tilton and Henry Ward Beecher 18 as yet unsettled, the jury having disagreed aua failed to bring in a verdict, In the meantime speculation ts rife among peo- ple as to whether the plaintiff, Theodore ‘lilton, really is in possession of any new evidence upon which to seek a verdict. Ex-Judge morris claims ‘hat he has some new evidence to bring beore th» jury, and General Tracy is of the opinion that, in event ofa new trial, the defence will be along one. THE JURY DIFFICULTY. It 1s also argued that it will be almost an tm- possibility to find twelve men in Brvokiyn who are not thorougnly “read up” on the case and have formed an opinion either on one side or the other, There are very lew citizens of Kings tounty who could relish the ideaof being forced to sake @ seat in the jury bux on a trial like the last one in the scandal case. Brooklyn jurors will not be likely to forget that the Tilton-Beecher jury were taken away from their legitimate business for nal{ a year ata stipend of $2 per day and a funner, That they were voted “extra’? compen- jation by the State Legislature, which act taised their expectations of reward and the Board of Supervisors failed to give them tue money; that finally they were locked up im @ courtroom, and, jor eight days discussing the testimony, falied to agree. All these cireum- stances combine to create a natural abhorrence to jury business where the principals are the same as appeared in the great scandal trial of the age. THE DEFENDANT’S COGNSEL took the matter very coolly, and they declare themselves quite as ready for tral as the plaintl® tould be, They will take the usual steps, and if the case comes to court fight the issue to the bit- “jer end. Judging irom the statements made vy ibe counsel ou botn sides quite a lively contest will be the result, though it is very evident that ‘he proposed trial will not be a very long one, WHAT EX-JUDGE 8. D. MORRIS SAYS, Ex-Judge Samuel D. Mor is, the Attorney of Record tn the case, was visited last night bya HERALD reporterin reference to the renewal of proceedings in the great scandalcase. He stated, in answer tothe numerous questions addressed to him, that although notice of trial nad been served upon the attorneys of the defendant, Rev. H. W,. Beecher, yet there appeared to be a mistaken notion abroad in regard to this, for it was gener- ally looked upon as a “new” trial, while in fact it Was no such thing, but simply a trial of the origi- nal issue, the first proceedings having resulted in @ disagreement of the jury, which made the case stand as it was before it ever came before the Court. Tie stated that he wished to correct this erroncous opinion, and to have it understood that there could be no new trial or retrial untila jury had rendered a verdict eiiher for one side or the other, “At present the case stands,” said Judge Morris, “simply as though tt had never been argued before a jury, and the papers we have served on Messrs, Shearman anu Steriing, as the legal representatives o: Mr, Beecher, were simply the ordinary notices given in any cause of action that was placed on the calendar, Lhe case of Tilton vs, Beecher 13 stil undecided and remains on the iiss of canses to be tried, for the reason that there has been no decision in the case. With re- gard tothe question of damages I can only say that the amount ($109,000), as stated in the original papers, remains the fame; but whether any steps will be taken to bring the case to trial without any such question being Involved | de- cline to say. The issue which we propose to try ig the present iustance is whether Menry Ward Beecher committed adultery with Mrs. Glzabern ‘ton, We have had enough of trying outside eollateral matters, and this time we Want to cons One the trial to tue main issue of fact. There is no reason that i ca’ @ why the whole pro- ceedings shonid occupy more than ten days or @ fortmght at the outside. There is some testimony of the greatest importauce, which we #ballintroduce in the trial which Was notbrought to the notice of the jury im the late proceedings, and which will materially alter the complexion of she whole ailair, We know MR. BEECUER i$ GUILTY, and this time we intend to prove himso, What the aew testimony is I must decline to say; but it will undoubtediy show Mr, Beecher up i his true colors. ‘The disagreement vy the jury, which was the result of the protracted proceedings which closed some fourvr five weeks ago, we “ considered, most wosatisfactory, and now we Propose io have the pomt at issue setticd ina manner that will leave no possibie room for doubt, irrespective of any question of damages. ‘Ths counsel on either side had the right to bring the case again before the courts, and we have simply exercised our prerogative ta being the Arst in the Meld, being satisied that in “occasion, but 1 shall be able. to say more about than it was required ? NEW YORK HERALD, TUESDAY, AUGUST 3, 1875—-WITH SUPPLEMENT. this instance there will be no indecision on the Part of the jury, but @ prompt verdict against Mr. Beecher. The facts now in our possession leave no loophole of escape lor him and there will be no | outside questions or collateral issues allowed to | creep in, Witn regard to the counsel who will be engaged in the case,” said Judge Morris, “I cannot téll whether they will be tlre same as on the last that ina few days. At the present moment Iam | disinclined to enter into any further particulars.’* Judge Morris was then asked if ne did not think there would be some difficulty in securing a jury. To tis he replied that he did not think thefe would, but he preferred to not say anything | more on the question with the exception that tle courts will not meet until September, JOHN W. 8TERLING’S OPINION, As Mr. Shearman is in Europe & HERALD re- Porter tnterviewed his parmer, Mf. Jonn W. Steriing, at his residence im this city, No. 45 West Thirty-fMftn street, Mr, Sterling said:— “I don’t know that [can give you much tnfor- mation,: Mr, Tilton’s counsel have simply pur- sued the ordinary course prescribed by the law, which requires that they give two weeks’ notice before the beginning of the next term, the first Monday of September.” “Then they gave you the notice much earlier “Yes, I presume in order to show that they are ready-and cager to begin the fray.” “What course will you pursue ?”” “On, we merely shall serve @ counter notice in- forming them, just as they do us, that we sRall be ready to try the case on the first Monday in September, ‘That is all,” “Do you think the second trial can take place goon Mr. Sterling laughed and replied, “I don’t think that 1: will take place any sooner from the fact of their having given us notice before t+ was re- quired,’? THE HOPES OF THR DEFENCE. “Do you think the case will be tried this year ?” “] think if the plaintiff is very anxious to have it tried this year he can have the satisfaction of having it tried, which 1s more than could be sald in case the defendant were equally anxious for speedy trial.’” “Will the defence have a better chance ef ob- taining a verdict Jor Mr. Beecher than it had at the first trial?” “] think so,” Mr, Sterling replied very quietly: “] think there has been a change of popular sentl- ment in favor of Mr, Beecher which’ will help us materially.” “Do you anticipate such a verdict?” “Oh, it 18 hard to say what a jury willdo, Itis always difficult to make twelve men agree ina case so complicated as tpis. I hope so—I think 80, but yet.juries are very uncertain.” * “Will the second trial, if 1t snqnid come on, be as long as the first ?”” Here Mr, Sterling’s manner became quite grave, and lie said, “You may be sure that it will not. Tilton, and not we, were te blame for the length of the first trial, Nobody expected thatit woulda last mere than six weeks; but when all the doors were opened to most irrelevant evidence we had to the cracks. We hag no choice but meetit. Tilron had prepared his case for yea: nad manufactured his evidence—ana we haa not a single fact. Tnat’s why the defence took so much time.” “Messrs. Evarts, Tracy and Porter will remain Mr. Beccher’s counsel, will they not?” “I presume so, although Iam in no position to speak with authority on this subject.” “Did Mr. Beecher anticipate another trial?” “I really don’t know. I have not spoken to him since he went to the country.”” GENERAL TRACY'S SURPRISE. General Benjamin F. Tracy, counsel for the pas- tor of Plymouth, was found last evening at his residence on Montague street. He ceased his perusal of a recent decision of the Court of Ap- peals and the following colloquy ensued :— Rerorrer—General, what do you think of the action of the counsel of Mr. Tilton in reopening the sult against Mr. Beecher? General TRacy—Reopening the case! I am greatly surprised to bear it. I have had no in- jormation of any such proceeding. Kerorren—It is a fact, Mr. Morris served a notice jor a new trial on Messrs, Shearman & Sterling this afternoon, Cam you give your views in reiation thereto? General TRacy—Well, sir, I know no more about ittuan youdo. When do they propose to try it? Reporter—The motion 1s to be made at the September term of the City Court, General TRacy—Huaipn | ReronteER—Waat course do you think the coun- sel fo. the defence will take? Will the case be con, tested as before? General Tracy (emphatically)—Of course, you may take that for granted. Undoubtedly, the de- fence will adopt the same tactics as at the begin, ning of the other trial, What arrangemeuts will be made with reference to the employment of counsel [am tnable tosay. Mr. Shearman is in Europe, as you know, and | cannot tell whether Messrs. Evarts and Porter are to be engaged in the contest again, Reronren—W hat, in your opinion, will be the duration of the new trial? i General TRacyY—That tsa diMcult question to answer. You can rest assured that it will not be very briel, Experience teaches us that, General Tracy said he had no personal opinions to express upon the subject. Beyond surprise, he did not manifest any emotion upon learning of the proceedings that havé been instituted, THE JUNIOR COUNSEL'S VIEWS: » The reporter mot Counsellor Keady, with whom he had a brief conversaticn touchtag the purport, object and meaning of the service of the notice of intention to apply for a new trial before the Sep- tember term of the City Court. That gentleman, who was junior counsel in the late trial, It will be remembered, said:— “| do not lor # moment pretend to deny the Tignt of the counsel for Mr. Tilton to move fora new trial. no vervict, but it seems to me to be a veritable piece bring in the stop to The case was not decided, there being | thought if there were any they were of the Loader- Price stripe. MR. TILTON SILENT. Last evening a HERALD reporter called at the residence of Mr. Thecdore Tilton, in Livingston street, Brooklyn, to learn bigs views on the new developments, The reporter was told by the lady who opened the door that Mr. Tilton wasin the house, but deciined receiving the visits o! any re- porters, it can easily be tmagined that Mr. Tilton, whatever bis views may be on the prospect of anew trial, would be chary ofexpressing them, feariul Jest he should show his animus toward his alleged enemy and quondam friend who 1s at the present moment being escorted tn triumph to the White Mountains, WHAT A FRISND OF MR. TILTON SAYS, Last evening a Heratp reporter called upon an acquaintance of Mr, ‘ilton’s in Brooklyn who has espoused his cause very warmly, to learn his views concerning the hew development. The gen- tleman stipulated before answering any ques- tions that his name should not be mentioned, The following interview then took place :— RePORTER—W hat 1s the reason of this new move, may I ask? FRieNp—I am hardly in a position to give you any definite information upon that point; but I suppose that Mr. Tilton and mis lawyers are an- gered by the endeavor on the part orMr, Beecher’s friends by their showering ol congratulations upon the Plymouth preacher to send abroad the idea that the defendant, by a disagreement of the jury, had won a substantial victory. Revorter—The Brooklyn Argus gives an 1n- timation that damages may be waived by the | Plaintiff; do you know whether this 18 60? + FRigNpD—I have heard that the quesfion of dam- ages at the beginning of the new trial will be waived, the result of which will be that all testi- mony as to character will be ruled out. In the great trial the question as to character was merely introduced as in mitigation of damages, It is thougnt, thereiore, by those well informed, that no more than three weeks at the outside will be occupied in the new proceedings. Much other ex- traneous matter will doubtless be ruled out. I think I am justified in saying that this actton was taken by the plaintiff's attorneys, after con- Suitation and by the advice of the associate counsel—Beach, Fullerton and Pryor. ReporTerR—In your opinion is a new trial ce! tain? FrienpD—Any statement that I may make is simply an individual opinion, and as such I can Say that unless Mr, Tilton anda his counsel ex- perience a radical change of intention, the case must come to trial again, INTERVIEW WITH GENERAL PRYOR—THE ADDI- TIONAL EVIDENCE EXPECTED FOR THE NEW TRIAL—HENRY C, BOWEN AND LEYS, THE DRUGGIST, TO BE CALLED—WHAT SAM MOR- RIS THINKS OF MR, BEECHER’S POSITION. , SanaToca, August 2, 1875, Acting upon information trom New York, a HERALD representative called on Roger A. Pryor to-night to ask the sixnification of the rumor of the second trial of Henry Ward Beecher. hir. Pryor said:— “I am not retained in the case at present that I know of, Mr. Morris is the attorney of record, and he has absolute discretion in the case, After tne past trial all of as who were retained lost our commissions by the expiration of our task. Mr. Morris left Saratoga last night for Brookign. I presume that he has served notice upon Shearman and Sterling, attorneys of record for Beecher, and that the case will be called up again next Sep- tember,” ‘The question wa: ked of General Pryor “What will be the eflect upon Beecher’s fortunes if he is not ready to proceed to trial ?? “Of course,” salé General Pryor, “there will be an inquest or judgment by default, and the jury Will aesess the damages.” “Will Beecher submit to that?” “Ob, no ! he has no alternative but to meet the issue with counsel, Nor, indeed, had Tilton, He either nad to ask Beecher’s attorneys not to call the case or to ask in open court that the case be dismissed, both of which would have been a con- Jession of inferiority, and in the latter would in- voive the payment of costs, or he had to serve no- lice and bring up the case again,” “Wil Judge Netlson try the case all over ??” “No,” said General Pryor; “I think he will de- cline on the score of physical duress. One of the other Judges must take itup, There are enough of theni.’? General Pryor remarked, when it was said that the old man was being pressed pretty hard ;— “Well, sir, 1f Tilton had not calied this case the Congregational Church meant to have acted upon it—at least Linfer so from conversations I have | held on the subj@gt with leading Congregational- tis. There is general dissatisfaction in that denomination with Mr. Beecher’s inability to | prove bis innocence while still standing for the | church.” * ‘This accomplished lawyer was interrogated as to any NEW POINTS OF EVIDENCE in behalf of Tilton as plaintif to be aaduced at the next trial. He said:— “Yes, there are three leading witnesses for the next trial. There is Lees, the druggist o: White- stone, who sold Beecher the poison; there is Henry ©, Bowen, the extent ef whose evidence I know little about, and there is Joseph Richards, Mrs, Tilton’s brother, whose full and unabbreyi- ated story, ifit can be admitted, will probably be overwhelming.” Mr. Pryor also said thas he supposed Judge Morris’ action of the day was an tnumation that he had PROCURED BOWRN’S TESTIMONY, gist Leys, of Whitestone, Long Island, “Judge | Morris,’ sald General Pryor, “ls in possession of | the draggist’s record o1 Leys, which shows prus- sic acid to have been purchased by Mr. Beecher at or near the timo of which Mrs, Moulton gave | her testimony, [rnssic acid is used in phow | graphy, and that aiso is A CIRCUMSTANTIAL POINT of Mrs, Moulton’s testimony. Leys was a Scotch- ofiolly, Iregard iv as nothing more or less than buncombe. Mr. Beecher left townto-day, as you are | aware, for the White Mountains, accompanied by | a host of triends, and it no doubt occurred to Mr, Morris that such & movement would be a good present at pariing—a sort of a Christmas box— something cool for the summer, ment, done lor effect. euriler than 18 usual. turb the equanimity of Brother Shearman, when he receives the news in his Alpine coton the otuer side, in the slightest degree.” The notice itself is issued “In event of a new trial being granted do you | think that it woald be terminated earlier than tue | jase?” “Lam of the opinion that it would be concluded in u much shorter space of time, for the reason that the machinery of evidence and legal rulings | are Dow In good order, 80 that the labor of Court and counsel will be alike lessenea to a very ap- prociabie degree.” “What use, think you, will be made of tue newly discovered evidence, so-called, of Messrs, Loader and Price?” “Well, 1 think we have bad enough of that sort of evidence, and it will not appear in any trial save the triais tm which the unfortunate up- holsterers will be defendants upon the indict. men's found against them for perjury and con- spiracy.” “Would Judge Neilgon sit on a new trial?’ “I dun’t think he would preside, Itis probavle it would be tried before seme otner judge.” GENERAL CATLIN’S ViKWs. General Isuac S. Catitn, partner of General Tracy, sald that he was not greatly surprised at the action of the plaintid’s counsel, sas either party could move to reopen the case whenever they chose to do so, It Was rather curtous, he thought, that the notice of trial was served six weoks before it could be taken into court He looked on it a8 more of a piece of buncombe than anything else. There was no doubt that the delenaant’s counsel would contest | the sult, The case would be tried by the Judge assigned to the eptember term of the City Court, | This was tne general usage, and but: Jor tils fact Juage Nellson could not be hired to try it, As to the ramor of new Witnesses General Catlin It is, in my judge \ I don’t believe tt will dis- | man, at whose sture Beecher used to idle away every leisure hour, He was tempted out of the sec- ret by an Episcopal clergyman, with wnom he had | boarded at Whitestone, and who argued stren- uousiy for Beecher’s innocence. The latver stig- | matized the poison story of Mrs, Moulton. When Leys, Who argued Beecher’s guilt, produced the record, itgotout. Mouiton heard of it, and a newspaper reporter followed up the clew.”” | Lasked abont Loader and Price, General Pryor said that he understood that Loader insisted upon hif story. Pryor expre: the opinion that the motive of these men was to BLACKMAIL BEECHER | through nis counsel. He atiuded to a number of cases Where suco outside buccaneers had deceived the snrewdest lawyers. Mr. O’Conor wi de- ceived in the Forrest divorce case and the perjyurer sent to the Penitentiary, | The witness Lewie in the Tichvorne trial | was another instance, So with the | ease Jonu K, Porter prepared for Governor Tilden’s brother againat B. F, Butler, Porter had to give | the case up in court, because he found it false. Judge Morris made every reasonabie investigation | of the Wiinesses and their evidence, and, as it was his business to do, he touk cognizance of them. Mr. Pryor said he bad pot seen Tilton since the | trial, Juage Morris satd that when he was here that Beecher was A RUINED MAN. The country bad put its (oot upon him, his the- ology and his publications, Morria will return in alewdays with bis fanily, Several members of | Beecher’s church in Saratoga proclaim their in- tention to quit Plymouth, on account of the un- pleasant notoriety of going there, A CARD OF THANKS. The Sisters of Mercy of the diocese of Provi- | dence beg to offer their most grateful thanks and to acknowledge the deep debt of gratitude they owe to their Right Rev, Bishop, Dr. Hendricksen, | and to the reverend clergy of his diocese, for the } spontaneous and most muniticent gilt of $5,000, subserived by them for the erection of a chapel and nail at St. Mary's Seminary, Bayview, Provi- dence, K. auring tho retreat held at Holy Gross College, Worcester Maes eh giosed On Satur- day, the Slat nit, | He gave a very interesting story as to the drug- . THE MOUNTAIN MEADOW MASSACRE. THE TRIAL YESTERDAY. Beaver, Utah, August 2, 1875. In the Mountain Meadow massacre investigation to-day the defence offered tne depositions of Brig- ham Young and George A. Smith, which were ruled out, but flied by the Clerk. They state, in substance, that neither party issued any instruc- tions in regard to the Arkansas immigrant train; that the people were counselled ot to seil gram to any parties for jorage, and state that neither party Knew of the massucre until alterwards, aud then only by & general report. Most ,of the day Was taken up by counsel discussing instructions to be submitted to the Court. Judge Boreman will aeliver the char.e to-morrow. 4 GRAPHIC AND THRILLING DESCRIPTION BY ANN ELIZA YOUNG-—A SERIES OF PRECEDING OUTRAGES THROUGHOUT THE TERRITORY— DID BRIGHAM YOUNG GIVE THE ORDER For THE SLAUGHTER?—Mna. YOUNG No 19 IN- TIMATES THAT HE DID. Boston, August 2, 1875. There are very few people living who are en- abled and willing to shed as much light on the terri- bie Mountain Meadow massacre as Mrs, Ann Eliza Young, wife No. 19 of Brigham Young, of Salt Lake City. She is at present stopping in this city, and since the confession of Jonn D, Lee, one of the murderers, has been engaged in the prepara- tion of an account of the terrible asfair. Her narrative of tne heartless slaughter of the innocent and unoffending emigrants seems almost Incredible; but the authoress vouches for its truth, and says that while mucn of it is drawn from ber own personal knowledge, still the whole story 1s entirely reliable, having been collected by her from varfous sources of information which she has had access to in obtaining material for her forthcoming book. Her own recolleciions of the atrocious murders and outrages, a3 well as the mames of persons witch she furnishes, are matvers which siiou!d not be lightly considered py the authorities now conducting the trial. “* A SERYES OF ATROCITIES, Mrs. Young No. 19, in commencing her account, states that this Mountain Meadow massacre was only the outbreak, on a larger scale, of atrocities which had long been practisea in the Territory, and that they were the result of the doctrine of blood atonement which was being tanght and enlorced most zealously by the Mormon priests, The Mormon people always regarded emigrants with distrust, and they were encouraged in this by the priesthood, and Mormon spies always dogged their footsteps. A BLOODY INCIDENT OF BLOOD ATONEMENT. Among the tragical tnciaents which Mrs. Young herself remembers is that of an emigrant train which passed through and was joined by three apostate women, who took reluge in the train trom Mormonism, They were followed up by a party of Mormons for five days and ultimately overtaken, The Mormon leader came up with the captala of the train and told him that he bad tree women they (the Mormons) wanted. The captain of the train nesitated, Said the Mormon leader, “You outnamber us pow, but within twen. ty-four hours we can have enough here to outnum- ber your entire train.” This argument prevailed. The throe women were delivered up. Thiee emi- grant wagons were plundered by the Mormons as they left and their captives were afterward killed, as Mrs. Young No. 19 was informed by one of the , party while in Sacramento iast fall. THE DANITES, OR DESTROYING ANGELS, Mrs. Young No, 19 claims that Brigham Young has an organized secret band whose sole duty it is to rid the world of offensive and dangereus persons, They are known, she says, as the “Danites,” or “Destroying Angels,”’ and then she goes on to re- late this incident as an example of their method and opcrations:—Henry Joues and his mother lived in a house near where [lived when a girl, We were sturtied from our sleep one night vy loud cries and pistol shots, No one took any notice of them, but im the morning a wagon Was driven through the street of the city containing the dead bodies Of the murdered mother and son, with a piacard attached containing tuese words :— QONNELLOE DE TELE DELELELELELEIL ELLE LE SEDO LO OEDDOD APOSIATES, BEWAKE! ONO NEEDLE IDLE RE LELETEDEDELEIOLEDELE LEDODE RE LED) This was done as an example to terrorize the people. Another and more notable instance of the same sanguinary spirit Was toe ‘Morrisite massacre.’’ One Morris undertook, with oters, Lo start an offshoot of the Church. He alleged that Brigham was a false prophet and he the only true one. He weol with his toliowers about thirty miles to the north of Salt Lake City and en- camped there 1n tents. Brigiam Young quickly despatched the Mormon militia to root (nem out, under command of Daniel HH. Wiles, Lieutenant General, and they were all massacred. THE MOUNTAIN MEADOW MASSACRE, Mrs. Young No. 19, at ine time of the crael and enormously wicked Mountain Meadow massacre, was living in Payson, and she remembered well the suppressed whisperings Which passed from mouth to mouth concerning the lated train, Sane claims, however, that tae majority of the Mormen people Were innocent ot taeir blood. Only a lew, she says, Were in the contidence ot the iead- ers of this diabolic schems, and she thinks toere is much excuse to be made for them otnerwise, for they are taught in tne Church and irom the pulpit that lying, steavng and killing in the interests of the Church were not sins, ‘Thus, when it Was whispered around that Joun D, Lee and his men bad murdered these emigrants many of the people honestly refused to believe it, and even when proof was conciusive they tried to disneneve i, Mrs. No. 19 says that just belore the massacre Mr, Young caused great excitement by issuing a proc- lamation forbidding the passage through or enwry into tue Territory of ati emigrant traius, WHAT WAS THE MOTIVE OF THE SLAUGHTER? Religious zeai, Made bind by the long ana per- sistent misrepresentations of the priesthood, was undoubtedly a main motive, Without that ianan- cism which marked the fearful transaction in ail Its phases it could never nave been written in history atall, Joseph Smith lett the Mormon Churea & heritage Ot divine assumption such as never characterized any theocracy since the time wuen, led on by a cloud Of smoke and a pillar of fire, the Israelites journeyed toward Canaan as tue favored peuple of Jehovah. » The outer world was waoylon and its IMhavitants were Gentiles, Was it won- derio!, then, asks Mrs. Young No, 19, that, be- heving themselves the Israciites o/ the nineteeath century, the MOormous Were ready to believe also in their right to take the lives of their own and God's enemies at the same time? She has heard it on good authority, sue says, that Jolin D. Lee (who has Low revealed als siare tn the infamous business), after the 1ast poor victiia had been de- spatcheg, waved his sword over his head and ex- claimed, eXultipgly, “ibis day has the name of Israei’s Goa been giorified!y . THR BEAL CAUSE OF THE MASSACRE. ¢ The cutef exciting cause, however, according to the gpinion of Mrs. Young No. 19, was that wwe army Of Alvert Sidney Jvunson was eniering Moiinon territory aud the Sainis were preparing | to make anarmed deience of Utah, They nad | been ariven, With their accursed institution of polygamy, from the Bast into the wilderness; in the Wilderness they proposed to make a stand, ‘The Nauvoo Legiou Was druling day and nignt to resist the Unitea states invasion; the Stars and Stripes Was regarded.as tae Mugot a tiosuie coun- try ; 1m point o/ act, the Mormon lerritory was ina slate of revellion. Some of tneir leaders at- tripated to the emigrants threats of assisug 1 that section the Work whica Jonson was begin- niug in the northern part of Uiah, he most in- lenge excitement was kindled oy such imputa- | tons. Finally, the massacre of the wan heia out | to tne cupidity of the Jeaders the attraction ot | unusually great spoils. The moving stock of the train by liseli, thatis to Say mereiy the wagous, teams aud loose stock, Was esumated Lo be worth nearly $400,000, QUARRELS OVER THE PLUNDER, Every remnant of their property was sold to the highest bidders, and as tue Bisnop disposed of it he carefuily blotted out ali (races of identity, by tearing flyleaves irom books where they had on them (he Humes of their former owners. A great deal of. the spoil was, however, never sold 1m this Way, but Was divided quietly among tie chief Men. Then, as might have been expected, the scoundrels quarrelied over the division of these rewards of their crueity. Lee and dHaigat disagreed; the Indios complained of shavoy treatmeat, while the people at large asserted boldly tat the leaders aypropriaied more taan a Jair proportion o1 the plunder, Probably is was through these disseusions that * THE STORY GRADUALLY LEAKED ovT, and that justice got Upon the track of tue assas- Sins, Atauy rate, tt did come vut. John D, Lee led the van Ol the couscience-stricken confession makers, Later came the admissions of a Mormon School teacher hamed Spencer. In tis wake sol- lowed J, M. Young, another of the dastardly vand, ana then cathe ihe chieitain, Kavosa, with lis disclosures. Then came the era vi wquiry and jeebie aud IneMectual eiforis to avenge, Win the arm of the jaw, tis glaring atrocity. The grand juries, composed ot Mormons, would not, dare hot, indict the accused parties, aud they availed themseives of the lumunity thas secured to them to jadiciousiy disappear. Bishop Paiip King mausmith, WHO helped in the awiul work of that day, apostatized una made a (uil, detalea narra- tive of the amfair, Ochers followed nim aiso. BRIGHAM YOUNG GAVE THR Of} himself for the massacre, it may never be proved, but the beitef will not be weakened on that account, Not only was the jewe taken from the emigrants worn by the leading More mous, but Brigham Young used for many years to ride 1M a carriage taken irom tne emigrants, with his famiiy and friends. 1 am airuld toe puolio here have but Ntue idea how small @chance there ts that justice will ever overtake the chief instigators and leaders of this massacre, The tact ig that Brigham Young has deled and continues to dely the autnority of the United States, Judge McKean, than whom no sturdier Irtend Of justice in Utah ever lived, was deprivea of his office at Young's insugation. Judge Bore- man, Whois presiding over (he present trial, 1s another unflinching defender of American law, but Suould the case reach the Supreme ourt the otner two jnages—viz., David P. Lowe and Pntup Emerson—are both under the control of the) Mormon Churen, appoiited by Presi- dent Grant under influences brought to bear by the poivygamous Delegate Apostle jeorge Q. Cannon and United ptates Schator Sargent, of California, who is the cham- pion of Brignam Young at Washington. U ed States Marshal Maxweil is another loyal, law- abiding man, WhO 18 determined to enforce Law and promote justice ordie, But the painiul fact 18 Ory too true that nO Mormon nas ever yet been punished unser the laws of the Untced states. rs, No. 19 belleves 1% impossible that any Mor- mon jury should ever faithiuly try @ Mormon prisoner, In the Endowment House every Mor- mon 18 nade to take @ secret and seditious oath, one clause of which binds him to bear eternal hostuity to the government of the United States a4 a avenge the murder ol the propvet, Joseph mith, TRIAL OF CAPTAIN BURDEN, STATEMENTS AGAINST THE DETECTIVE MARTI- NOTT—‘‘OBJECTIVE” SCENES BETWEEN THE COUNSEL. ‘The trial of Captain Burden was resumed yes- terday morning vefore the {ull Board of Police Commissioners, Hon, A. Oakey Hall appeared for the defence, and Counsellor McLean, a3 usual, condacted the prosecntion. The attendance of spectators was not so large as at the previous hearing—@ fact due provably more to the con- tinued rainstorm that prevatied all day than to any abatement of interest in the case. Before the commencement of the proceedings a tong line of ctvilians and policemen, numbertpg about tnirty, filed into the apartments adjoining the courtroom, They were the witnesses for the a fence. The prosecution had present only thr Witnessee, Shortly after ten o’clock Counsellor MaLean called to the stund ex-Detective Martinott, whose cross-examination was resumed by ex-Mayor Hall, Mr. Martinott vestifed:—Am positive that it was in May, 1870, that 1 recetved money from panel thieves and divided the same with Captain Burden; avout chat time a charge was made against me by Rounusman Groo for being off post; never gave $5 toa Mr. Gregory for him to present to me through the Police Board as a reward for finding his place open; never told a watchman in Park & Tilfora’s employ that he couid get $1,000 1f he would leave his post uncovered for a while, but told him there was ‘a job” arranged by whiea the Internal Revenue oMce would be robbed, and that I had a clew which wonla bring me in several thousand dollars, The burglary was never com- mitted. Air. Hall here read a list of burglaries that had been committed in the Twenty-ninth prectnct while Martinots was stationed there, and endeay- ored to snow that the witness was responsible for the same. Martinott admitted that some of the burglaries had been committed on his post, but the majority eccurred when he was on special duty. The witness continued :— Did not know why I was transferred from the Twenty-ninth precinct; the burglary committed on Corwin’s cigar store occurred on my post while I was on duty; bad been TRIED BEFORE THE COMMISSIONERS fornegiect of duty in not discovering it; had never induced any person to swear to the exist- ence of pane) houses; before going on the police I worked in a store in Barclay street; was not dis- charged from there for stealing money; I once Josta few hundred dollars, but I made good the same; lost the money en roufe to the Custom louse to pay duties on goods, GEORGS W. BOGART, A HOUSE AGENT, of the Twenty-ninth ward, took the stand and tes- tiflea:—Rented the house No, 107 West Twenty- jourth street; afterward heard it was used as & panel house, and ordered the occupants out; they occupied the house only three weeks; the only evidence of the panel game witness found was a hole in a door. ME, ROTHSCHILDS, ANOTHER MOUSE AGENT, sSwore:—Never heard of any houses that I rented being used as panel houses, except one at No, 437 Sixth avenue; was informed of that by Captain Burden, who came to me and said that, unless I. had the occupants removed he would have it in- aicted, as he believed they were pratising the panel game; | at once notified the parties to va- cate, Which they aid without delay. For the deience Mr, Hall then called Sergeant Mullen, of the Twenty-fourth precinct, who testified as follows:—Was in tbe Twenty-ninth precinct as sergeant under Captain Burden; No. 407 sixth avenue was occupied for a short time as @ panel house, out was broken up by order of Captain Burden; the panei house No, 461 Sixth avenue was also breken up alter a brief existence by order of tne Captain; it Was @ standing order Loat ali panel houses should be reported by patrolmen; never knew, while in the precinct, of houses reported as disorderly that were not broken up, The witness entered into a deduiion of What. consiiuied p: houses, houses of prostitus1on, or assi:nation, Mr. Hall—Did_ youever know Emma Templeton alias ‘Red km” to be takeu trom a pauel house by Martinott? Counsellor McLean interposed an objection to this question on the ground of irreievaucy, Mr. Hall coniended that the question was Proper, a8 Le meant to Show by the witness tuat Martinott had taken tits female panel thiet om the house and lived with her, which fact would tend to implicaie him (Martiaott) in the black- nailing game, The question was allowed, tne withess answering “Yes ,’’ but when the ex-Mayor proceeded in tne line of investigation above inti- inated by a iurther question Mr. McLean again objected, and the Commissioners held a consulia- tion to decide as to the admissibuity of the evi- dence. J’resideut Matsell anuounced that the Court stood evenly divided, and jurther ex. mina- tion on tat point Was therefore irreievant. The witness resumed:—It was tne duty of the oMcers to repert gambung houses when they kuew Of their existence; never heard or knew of any «rraugement between Ca Burden and the keepers of panel aouses; | viways entered on the biotier at the station house every case re- ported to me When atthe desk; I don’t kuow of any case being reported where no action was taken by the pulice; do nut remember auy roobery of $2,000 AT NELLIE HORY’S PANEL HOUSE; a man mignt be ryubved In a hoase of prostitution, but, in my Oplaion, this Would not Coustiiute the latier a pauel house; the characterisiics of panel houses, AS Witness Understood them, were places represenvod to the victim asa quiet retreat aad hot as lace of assiyuation; never heard of @ $500 robbery in a house on Sixth avenue, be- tween Seventeenth and kighteentn streets; sup- posed that tnere were at ieast 200 houses of prosutuvion in the Twenty-miath preciact while L Was siationed there, After a cross-eXaminaiion of the witness, iu which no new material jacts Were eilcted, the Sergeant retired, Counselior Hail then satd:—l now wish to put in evidence the record of Captain Burden, to suow that he has been in the Police Department twenty-five years, during which time no com- piaiuts of ahy consequence were made aguinst him. { also ask the Court to disuiss that portion ol the charge which recites tha he divided = money tileguity received With Mavtinovt, as there is not one par- ticle o1 evidence to corruborate Martinot’s ies. mony. It might be suid that Martinots would HOt UMplicate Miuselfas he has done ualess his tes lmony against Burdeu was true, but it has happened before this that a man has accused himseit of & crime in order to drag Mm another, It Was absura to belteve that this extraordinary intimacy ailcged to have existed between Burden and Martinott siould have existed; there had hever been auy intimacy between the men. fhe neXt Witness called was Joshua Gildert, Package agent of the New York aud New Haven Kaliroad, who dep Knew Martinott when he was in the Twenty-niath precinct; te wae at one time stationed at the old New Haven depot ab Fourth aveaue and Tweaty-seventn street; had occasion to notice pis conduct; “d him to haye been im league with coun. deuce operators; bave {requentiy seen bun in cou- versation with professioaul confidence men; the latter Would alterward eutice passengers at the depot away, and they would come vack and re- port aaving been swindled out of money. In tue cross-eXamination the witness sald;—Kuew tuey were conndence men by hearing of their opera- Lions irom their victim Ving Notes us security for mouey Was OUe Of their laVorite Wodges; ire. quently reported instances Of this vature to the Station master, Mr. Nortarop; do bot Kaow what action he took; never called im the po- lice, a9 it Was hot my duty, but that of my superior officer; toid Mr. Nertnrop ou several oc- casioas thut T believed Martinoty was tu league with them; Martinots was at the depot peruups tures months; do not remember the exact timo; do not remember @ rovbery Of $14,000 in bonds irom & passenger. henry Wolf, baggage master of the same cor- poration, testifled:—W as employed at the New Ha- ven depot waue Martinott was stationed there as a policeman; judged that he was working with the confidence men pecause he Hever was present when they avoundod in the depot; Lolten remon- Btrated with him for be dvr the swindling to go on, but got no satisiaction; have seen him in conversation With coniidence men: told Northrop 2 vo ey on mors than one occasion that I thought Marts nott Was in league with the thieves, Afver a recess of thirty minutes tue case was re sumed, James Gregory, doing business at No. 283 Sixt nue, took the stand and swore :—ilave kn wo nott for several years; ‘e came to me one y in the spring of 1870 and said, “i am ina tight pli nd i want vou to heip me out;” he thea asked me to go to Captain Burden and tell lim t wanted to present Martinote with $5 as a reward for fuding my store door open and protecting roperty; he said this would he!p bun with the Soars of Police; he gave me a five dojlar biil, and, ishing to neip him, | became & party to the de- Hon, signed alorm of request to tue Hoard given me py Captaim Burden, and tne $f Was pres: nted him, according to the regulations the department; remember one panel bonse that was broken up by the police; the day after It was opened saw a policeman in uniform sta- tioned at tee door; I have frequently seea street Walkers taken to the station house from the Street by Captain Burden’s men; often heard in the ward that Burden was breaking thet Up. James McGivney, formerly a policemen, but at present in the F Department, testilied to have ing mer Martinote one night in the tail of 1870 oF the spring of 1871, who told him ne intended te wet square with tain burden for having nim (Mertiaott) transferred to an uptown preciact, dames Hines, formerly a rdfuudsm in the ‘Twenty-nintn preciuct under Captain baraen, posed —The Captuin’s ordegs to me and to’ the patroimen about reporting af gambling audpanel houses were irequently given; heard ous day thata@ panel house had been hed on Twenty- BIxth sireet, between Sixty and Seventh avenues; told Captain Burden avoat tt; pull? it; 1 did so he ordered me ta nd arrested Shang Morris: ou the way to the station house Morris urged me to accept a bribe, saying Marittfott was a square man, na referred me to himas to tts being ail right; he was sentenved to six montus the island; Cap- tain Bureen bes sent me co notify men on post to break up ali such dens. William Gibson, ao importer, residing at No. 223 West Twenty-fourth street, testified to having notified Captain Burden by letter of tne exist- enveof a panel house at No. 437 Sixth avenue; the following day it was broken up and the parties moved away; had no acqnaintance With the Cap. tain, and notified him merely us a citizen; my at- tention was called to the place by seeing an old gentleman going into the house with a your woman. and after a while coming our; ! sav feeling in his pockets as though he had lost some- and looking toward the house; judged trom ie had been robbed, ‘ ‘i, a roundsman of the Twenty- ified to having been In command in 1872; broke up the pan No. 437 Sixth avenue ana No. 104 West houses ‘Thirty-first street at Captam Burden’s order. Charlies Mulligan, also in Captain Burdeu’s com- mana in the ‘iwenty-ninth precinct, testified ta baving assisted in breaking up a panel house on Fourth avenue, -between Twenty-third and ‘Twenty-fourth streets, and one on Sixth avenue near Twenty-sixth street, Jonas Wilson, of No, 391 Bleecker street, one of the parues who Martinott swears to have paid Din (Martinott) $75 per week for the privilege o) running @ pane! game, testified that alartinoti’s Statement Was utterly untrue. Counseller Me- Lean subjected the witness to a severe cross-cx- amination, put did not snake bis evidence except by showing that he was a friend of The, Allen and had been Known under another name. Tue defendant was then put upon the stand and deposed as follows:—I was appointed on the police force June 24, 1850, Was made sergeant in 1857 and captain m 1869; Guring all this time thera never was but one complaint against me, as my record will siiow; that complaint was, I spek@ angrily to a citizen, for which | was reprimanded; never drank a drop of liquor in my life; never knew Murtinott until he was sent to my precine 1 requested his transfer out of my precincs im 1s7! bevause I had suspicion of nis novesty and integrity as an officer; he was alterward sent back to my precinct, where he remained tll August, 1872, When 1 again requested bis transier; I don’t remember Martinott to have ever reported the existence of & panel house to me in his itfe, Mr. Hall tien read the jour specifications in the charge, each of which the witness pronounced ta be utterly false. Tne Witness continued:—Never had any money transactions With Martinott, directly or iudi- rectly; Murlinott had the post on which tne Co win robbery Was committed and was on duty that night; did Lot break up houses of prostitunon so long as they were orderly; judges had oftea ruled Fnat unless they were disorderly they should not be molested; lis course Was the universal course in the Gepariment in tus respect; always broke up panel and gambling houses when aware pf their existence, Mr. Hall here handed as evidence a list of panel and gambling houses and disorderiy houses of prostitution, compiled irom the blotter of the ‘Trwenty-pinth precinct Station house during the time Martinott alleges Burden to have carried on the nefarious practices, By thie lt appears that seventeen pamiel thieves anda large number of gamblers wese urresied. The case was bere adjourned until one o'clock’ this afternoon. ALLEGED POLICE OUTRAGE, A YOUNG GIRL MAKES A CHARGE oF SCOUNDRELLY ABUSE AGAINST AN OFs FICBR—A BECOND OFFICER INVOLVED If THE CASE, Yesterday afternoon, at the Tombs Police Court, before Justice Otterbourg, oMcers Terence Fin- nerty and James Mulvey, of the First precinct, were arraigned onacharge of being jointly cons cerned in the commission of an outrage upon Maggie Igoe, The latter is a young and rather pretty girl She alleges, in her afidavit, tuat upon last Friday night, about ten o'clock, she jJanded on the New York side of the Soutu ietry, incompany witha girl whose name she does not Know, and whose acquaintance she made while crossing over. Upon landing they met OMcer Fins nerty and inquired of ham when the Belt Line cars would run. He replied, “Not ior an hour.’? Preseatly Officer Mulvey came along, and Finuerty remarked to him, “Any fear ot the roundsman ?” He replied, “No,”-and the latter took her aud Officer Muivey her companion down to the Battery Park. Here Finnerty, as she al- alleges, committed the outrage. Mulvey took her companion to another quarter of the pars. ‘ne oilicers subsequently took both girls to tne Bist. ern Motel, and, having provided them with a room, leit, They returned again at twelve o'clock, and Finnerty, as she turther alleges, ugain out raged her. Her companion was taken into an adjoining room by Mulvey, This 1s the substance of her aiidavit, ‘ne jolowing 1s a statement she made to Captain Petty yesterday morning ;— THE OUTRAGED GIRLS STORY, “My name 18 Maggie Igoe; 1 was born in Ir land; Tcame to the United States one year ago: ai sixteen years old; | worked out at Woodsburg, Long {siand, in Wie family of Mr. P. CG, Langeving lett my piace and came to tus city about a woek lived at Mrs. Igoe’s, No, 508 West visited my brother-in-law at non Friday, July 80; returned about nine crossing at South Jerry; met a giri on the boas and agreed to goin Same car to ‘Leuth avenue und Thirty-ninth street; met an officer near the Battery and inquired ‘lor the cars; ha sud no cir Would go for an hour; he called an oficer and inquired i there was avy fear ol the roundsman; tue second officer answered ‘o;’? We Were then taken by tue officers toward Castie Garden, when the second oftcer took the otuer girl toward the water, the other kept me toward the tront of Castle Garden; ue put his hands over my month; 1 screamed and strug: gled; witer that he took me toa hote, where | stayed ail night; afer bemg shown to the rooig the door was locked by tne attendent, woo kept the keys; after about an hour and a hail THR TWO OFFICERS CAME BAC we were under the bed when {icy entered; the Oiher girl was aragyed irom the room inte another; £ tried to give an alarm by scream ing anu made every effort to get away, but he Would not open the door, ond Kept che keys in his possession; he remained’ in the room til morning, when ue leit tue novels saw the otner girl in the morning, Who sata tné - other officer had given ker moucy to buy het breakiast.’ Justice Otterhourg subjected the girl to a clos¢ cross: Minallon. Ske Said #ne had been over Toosiyn to see her brother-imlaw, Patrict r 1, who lived st No. 98 Warren street, on the night ot the alleged offence, aud Was on oor Way divme, to thirty-ninta street and tentn ave: hue; she lived there with a namesake of hers, put Not a relative; on Satarday last a policeman’ had come to her and offered t GIVE HER MONEY AND A DRESS if she would go to the country lor a week. Counselior Price, ior the defendants, asked for the aiscuargé Of Mulvey om the ground chat he Was hot counected in (he complaint with the ale lewed assault, There was another girl spoken of, Gud sue Was not present. No one knew auytuing avout ler, Justice Utterbourg rephed that tad Case Was a Serious one; It coacerned tro pubiia olicers, Olticer Mulvey was not so directly tu. voived Im the cage as the other party, but he would commit both, Without ball, or examination anul to-morrow aiternoon at three o'clock. ‘Ihe oMicere were thereupon locked up. A COWARDLY AND BRUTAL BULLY. Yesterday atternoon Jutu Larkin, who keops a low gin-millat No, 45 Essex street, Jersey wlty, became Intoxicated, and arming, himself with a club alarmed the whole neighborhood, He ene deavored to eyter the room of Mrs. Julia Cannon, but Was driven out, Me became enraged aud ate tacked the delenceiess woman, Whom ne beat ina Most cowardly and bratal manner. He dealt her & biow with the club on the arm and dislocated her shoulder, The savage :uMlan was (hen taken into custody and locked Wp in the First preciact stae tion, Mrs, Cannon wae attended by br, Petrie, and wheo her husband returned home ne pro. ceeded to police headquarters aud pretorrek a charge 01 atrocious assault and bittery againss Larkin. The prisoner has been Known to the nolice for @ long time as a notorions Wife-beatar