The New York Herald Newspaper, October 28, 1875, Page 4

} | —— 4 EDGAR ALLAN POE A Monument to the Mem-| ory of the Poet. E GRAVE 4 THE HISTORIC A Graphic Narrative of the paic Poet's Last Hours. | ‘The Thrilling Story of the At-| tending Physician. ———e SHORE, NO MORE.” “REST, 27, 1875, Poe has slept in a Bavrmonx, Oct, For twenty-six years Edgar A. nameless grave at the cornet ot Fayette and Green \streets, in this city. A mound, covered with green | ‘turf—the yolvet he so beautifully describes in some of his prose poems—is all that marks his resting place; and were it not for the love of a few friends and the on of those who have read his curiosity and admin | works it would long since have been so confounded with | icinity as to be undistinguish- others in its immed uble, To-morrow, however, this. long neglected duty y the dedication of a very fine monu- | will be fu! ment, THE MONUMENT. The first attempt was made by one of the poet’s own | family, A handsome headstone was carved out for the green mound in Old Westminster graveyard, but Fate decreed it should remain without a monument until | one worthy of the dust it covered should be chiselled. \A train of cars crashed down the railroad near which | ‘the stone was placed, bounced off the track and shattered | ft tomtoms, At length the public echool teachers, by no means the wealthiest class of this community, weary of the idle protestations of those who were elamorous with their mouths, but chary with their pockets, determined that this blot upon Baltimore should no longer remain. They formed themselves fmto ap association, and, with the assistance of Mr, George W. Childs, of Ph. asum of money sufficient for the construction of a adelphia, succeeded in raising tbandsome monument. The project was under consideration for some years. Dr. Thomas dD. Baird, the late President of the Baltimore City College, was the originator of the idea, and Professor William Ellott, x Baird at his death, has carried out his plan with great energy and perseverance. In the spring of 1875, the requisite amount of money having been collected, the who succeeded Dr. ronstruction of the monument was placed in the hands of Mr. Hugh Sisson. Mr. Sisson, mindful of the object for which his services were solicited, has allowed the rommittee to go far beyond their original plan; in pther words, he bas constructed the whole affair at about cost, allowing his commissions to form his sub- tcription to the general fund. Mr. George A. Frederick, & promineng architect, of this city, was the designer, and Mr. Volek, the artist, supplied the model for the | medallion of Poe. The monument Is completed. The writer has seen ita number of times, The first im- pression was one of disappointment, After hearing %o much one is apt to expect something colossal; but this is a plain Grecian pedestal, formed of Italian marble, with a granite base | the base is about a = foot bigh and the pedestal from seven to eight, But, tike every good thing, it improves upon acquaint. ance. The means for its completion were tted. Mr. Frederick, having this im view, proposed to wake it simple, chaste and dignified, to strike more by graceful outline than by crowding with unnecessary ‘»rnamentation—like the writings of him it is proposed to commemorate—and his intention has been faithfully lim- tarried out, By degrees its beauty grows upon the | ‘spectator, and its diminutive proportions fade from the mind. Only two of the blocks will be used at present; one forthe bas-relief of the poet and the | ‘ther for a simple the inscription recording his birth and death. of Mr. task = of | ‘making the bas-relief was intrusted, has produced, so dates of his the whom aame and Mr, Houry Steinhausen, veteran Bison's workshop, to the the {riends of Poe say, the best Likeness of the poet | retant. We often hoar of “speaking marble,” but sel- | The boeautifi chiselled features and wavy hair, the melancholy but refined tom realize its meaning. tnd intelicetual expression, and the deep, rolling eyes of the poet, all are there, and jook as though at any moment the tongue might utter, Never, never more! tndeod, the marble is a far more faithfal likeness than the model, and would reflect credit upon sculptors of | “fair renown.” The monument will be unveiled on Th ‘mpoeing ceremonies, in day, with | the rear of Westminster eburcl, where now repose the remains of Poe The exercises will consist of a brief li ¢ memo tial from its inception, by Prof Elliott, shairman Of the committee, to be followed by an ode, folivered, probably, by Mr. Gill, of Boston, the wuthor of “Lotos Leaves,” which contains an wimirable biography of Poe. An addr will then be delivered by Professor Henry . Shepherd, Superintendent gf Public Education in this city, and the Hon. John H. B. Latrobe, a formor friend of Poe's, will close the exercises with some per. sonal recollections of the poet. The poets and prose writers—Iin fine, the literati of America will be present.. Bryant and Longfellow have given favorable responses to the committee, Professor Shepherd is in receipt of letters from Alfred Tennyson, the poet laureate of Eng- land, and Dr, Inglesby, expressing the greatest interest in the occasion, the former requesting a copy of the design of the monument. The occasion will possess peculiar interest inf that it lx the first memorial to an American because of his literary character, and also because of the fact that Disraeli, Spedding, Tennyson ‘nd statesmen and noblemen in and are now mov- tng to secure the erection of a monument to Lord | living’ in the dwel | ten o'clock in the forenoon when be entered the house, he fell asieep on ne friends and | more to the river sido, | the wharf, was recognized by & | conveyed in a state of stupor to the famous Washington University Hospital, where fourteen hours afterward he died. ‘The record of this closing period of the poet’s life is now preserved to history, finding light for the first time ta the columns of the Hexarp through the ript of memoranda which were made following tran by the physician in charge of the hospital at the time the unfortunate man was under his care:— OPFIGIAL MEMORANDA OF THR DEATH OF EDGAR A. POR, BY J. J. MORAN, M. D, Edgar A. Poe was brought ina hack to she Washing- ton University Hospital, situated on Broadway, north of Baltimore street, Baltimore city, on the 7th of Oc- tober, 1849. He bad been*found lying upon a bench in front of a large mercantile house on Light street wharf, He was in a stupor, whether from liquor or opium was notat first known, A gentleman passing along the pavement noticed several persons collected about the spot, and looking in through the crowd was suddenly tmpressed with the face, and on close inspection recog- nized the poet. He had been there since early dawn. A policeman sent for a hack and directed the hack- man to convey him to the above mamed hospital, which was in my charge, being the resident.physician and ng attached thereto. 1 was about He was immediately placed in a private room, carefully undressed and critically examined. 1 had not then any knowledge of his previous condition or what were his habits, There was uo smell of liquor upon his person or breath. There was no delirium or tremor, His skin was pallid, with slight nausea at the stomach and a Strong disposition to sleep. His condition was more of astupor. He was sponged with lukewarm water, sin- apisms applied to the feet, thighs and abdomen, and cold applied to the head, Thad the room darkened and he was otherwise made as comfortable as he could have been in his own room at home, I placed an experienced nurse at the thresh- old of his room door, with orders to watch him closely and prevent the slightest noise from without, and give me notice of any sign of wakefulness or consciousness, In half an hour afterI left him he threw tue cover from his breast, opened his eyes and said— “Where am 1??? The nurse gave me the signal and I was immediately at his side, Idrewa chair close to the bed, took his hand in my own, and with the other smoothed his fore- head, pushing back the dark raven curls that covered it, and asked him how he felt? He said, “Miserable.” “Do you suffer any pain ?* f &No,” “Do you feel sick at the stomach ?” “Yes,” “Are you thirsty ?”” “No”? “Does your hedd suffer—have you pain there?” put, | ting my hand on his head. “Y¥e8,"” “Does it feel heavy or dull?” “Heavy; mind cloudy,” he said. “How long have you been sick?” “Can't say.”” “Where have you been stopping?” ‘In a hotel on Pratt street, opposite the depot.’? “Have you a trunk ora valise or anything there | which you would like to have with you?” “Yes, a trunk with my papers and manuscripts.’” “If you order it I will send for it.” He thanked me and said, “Do soat once,” remarking, “You are very kind—where am I, Doctor ?” “You are in the care of your friends;”? to which he replied, “My best friend would be the man who would blow my brains out with a pistol.” “Try and be quiet, Mr. Poe; we will do all we can to make you comfortable and relieve your distress.” “Oh, wretch that I am! Sir, when I behold my degradation and ruin, what I have suffered and lost and the sorrow and misery I have brought upon others, I feel that I could sink through this bed into the lower- most abyss below, forsaken by God and man, an out | capt from society. Oh, God, the terrible strait I am in! Is there no ransom for the deathless spirit ?”” “Mr, Poe, do try and compose yourself, and take this draught; it will soothe and revive you.” He reached out his hand to take the glass, the nurse raising his head, while I administered the cordial, He | drank it and was laid down, closing bis eyes as though going to sleep, I remained by his side, watching closely every breath, manner of breathing and trying to make out his case and my diagnosis, I had been impressed that he was suffering from the too free use of alcoholic drink only from what I could gather from those who saw him on the wharf and did not know how long he had been in this state, but he did not manifest symptoms to justify their suspicions. He had no tremor, was not fidgetty with his hands, or impatient, but answered all my questions calmly and rationally, There was great pallor of face, no injection of the coats of the eye, and pulse sherp and quick. I noticed some twitch- ing of the oyelids while closed, also of the muscles of the face, and slight jerking of the limbs, He remained in this state about one hour, when be again waked up, suddenly opening his eyes. Isaid to him, both to be of service and to ascertain whether he would be inclined to take Hquor, for with intemperate subjects who have delirium tremens a little of the hair of the dog that bites them oftea pro- duces a cure :— “Will you take a little today 2” He opened wide his large eyes and fixed them so steadily upon me and with such anguish in them that I looked from him to the wall beyond the bed. He said:— “Sir, if its potency would transport me to the Elysian bowers of the undiscovered spirit world I would not taste it, I would not taste it, Of its horrors who ean tell?” “T must administer an opiate to give you sleep and rest.’’ ‘Then he rejoined :— “Twin devil and spectre of crazed and doomed mortafs of earth and perdition!”” * “Mr, Poo, it fs very necessary that you should be quiet and free {rom excitement; you are in a critical and excitement will hasten your death,” “Doctor, Tam ill, Is there no hope?” “The chances are against you.” “How long, ob, how long, before I see my dear Vir. | ginia? My dear Lenore! I would like to see my love, my dear love!” |“ wil send for any one you wish to see,”” hing of his family, and asked, “Have you | | y wife is dead, my dear Virginia; my mother- | Oh, how my heart bleeds for her! Death's one his work, Tam so rudely dashed | storm without compass or helm, Language | cannot tell the gushing wave that swells, sways and | | sweeps, tempest-like, over me, signalling the ‘laram of | death. Doctor, write to my mother, Maria Clemm. Tell her her Eddie is here. No, too late! too late! | Imust lift the palland open to you the secret that sears the heart, and, dagger-like, pierces the soul. I was to have been married in ten days.” (Here he stopped to weep.) “ Shall I send for the lady ?” lived in the city. “Too late | too late!’’ I said, “Oh no; I will send my carriage immediately.” “No, write, write to bott, Inform them of my 1l- ness and death both at the same time.” “Give me their address.’’ “Mra Shelton, Norfolk, Va, and Maria Clemm, Lowell, Mass.” Laskod, supposing she Byron, @ man 80 similar to Kdgar si. Poo in many | features of his remarkable charactor. i POR’S CLOSING Horns. The fourteen closing hours of Edgar A. foe's life, sbout which history has been 60 confused, slanderous | snd erroneons, are fully accounted for in the official rece ord of this short but fateful period of the poet's life tiven below. The narrative is important, not only as | the first authentic account of the poet’s death which bas over appeared in print, but as setting at rost the scandalous story that he had been kidnapped by polit- teal partisans and plied with liquor until he died in the | weonles of mania @ potu It seems that ho was on his way from Norfolk to Philadelphia to marry “ Lenore,” ‘ols intended second wife, when, as is supposed, he suc- sumbed to an overdose of opium, which he had taken to allay the excitement of his very sensitive nervous ‘vstom, Wandering from the hotel at Balti. Noticing the color rising to his face and the blood veesols filling up on his temples, and the eyes becoming congestive and inclining upward, I agked no more ques- | tiona, put ordered Ice to his head and heat to his ex- tremities, repeating the cordial with an anodyne, and waited with the nurse outside the door for fifteen min- | utes. No further change, except that his pulse had increased in frequency and was feeble ana flying. I kept a nurse f his room, and another outside to pre- vent his being disturbed and to notify me ot any change | that might take plage, . | 1 had sent for his cousin, Nelson Poe, having | learned he was his relative, and a family named | Reynolds, who lived in the neighborhood of the hos- Pital. These were the only persons whose names I had heard him mention living in the city, Mr, W. N. Poe, came, and the female members of Mr. Reynolds’ family, He continued in an unconscious state for more than an hour, On again examining his pulse I found it very feebie, sharp and trregular—120 to the | minute, I proceeded to give him a febrifuge mixtare | eyos dilating and contracting alternately. by his bedside, took his hand and placed my dngers upon his wrist, and felt assured, from all the symp. toms, that nature was yielding, ministered, with ammonia, My particular friend, Pro. fessor John C. 8, Moukur—who gave much of his time to the inmates of the hospital, and particularly, when specially called upon, was always ready, and cheerfully attended the summons night or day when within reach— had been sent for two or three times previously; but being out attending to his general patients had just re- turned, and came in at the moment, As soon as he fixed his eyes upon him he said, ‘Doctor, he’s dying.” I replied, “Yes, I fear it is all over.”” He carefully examined bis case, and, being in pos, session of all the facts in regard to the agents em- ployed and symptoms presented—which were carefully noted down in a record book of the’ hospital—he guve it as bis opinion, which 1 was fully prepared to cor- roborate, that Poe's death was caused by excessive nervous excitement from exposure, followed by loss of nervous power, The most appropriate ‘name for his disease is encephalitis, The doctor advised free uso of wine, beof tea and gentle cordiais, while using ice to the head,. The | patient raised his hand to his mouth, as though he | wanted drink. A small lump of ice was placed upon his tongue, I then gave hima motXhful of water to see whether he could swallow freely, He took it, swal- lowing with some difficulty; but he drank a wine glass of beef tea. He seomed to revive, and opened his eyes, | fixing his gaze upon the transom over hs room door, each room having transoms over the door for’ ventila- tion and air. He kept them unmoved for more than a minute, Ho,was lying direetly opposite this transom, He seemed trying to articulate, but was inaudible At last he spoke feebly, “Doctor, its gll over. Write ‘Rddie is no more.’ ” “Hddio” was a term used by Mrs. Clemm, his mother- in-law. ‘Mfr, Poo, permit me to say that you are near your end. Have you any wish or word for friends??? He said, “Evermore!” I continued :—‘‘Look to your Saviour, There is mercy for you and for all mankind. ‘God is love,” ” “The agched heavens,” he rejoined, “encompass me, and God has His decrees legibly written upon the front- lets of every creatéd human being; and demons incar- nate, their goal will be the seething waves of black despair.” “ “Hope and trust Him.” “Self-murderer, there is a gulf beyond the stream, Where is the buoy, lifeboat, ship of fire, sea of brass? Rest, shore no more!” His eyes turned upward until the white balls were all that could be seen, Muscular twitching and jerking set in, and with one general tremor all was over, ‘This occurred about twelve o'clock, midnight, 7th October, 1849. I had meantime learned from him, and afterward from the porter at the hotel on Pratt street, then Brad- shaw’s, now called the Maltby House, that he arrived “there on the evening of the 5th; was seen to go to the depot to take the cars for Philadelphia, and that the conductor, on going through the cars for tickets, found him lying in the baggage car insensible. He took him as far as Havre de Grace, where the cars then passed each other, or as far as Wilmington, I forgot which, and placed him in the train coming to Baltimore. He had left his trunk at the hotel ‘in Baltimore. Arriving on the evening train he was not seen by any person about the hotel when he returned to the city. The pre- sumption is he wandered about during the night, and found a bench some time before morning to sleep upon on Light street wharf, where he was seen and taken from about nine o'clock the next morning, Ashort time before his death I received his trunk from the hotel, as per order, and put it in the care of Mr. Nelson Poe, for his mother-in-law, Mrs. Maria Clemm, I have her letters to me, aiter his death, thanking me for attention, kinda &c., to hor darling Eddie, After death be was washed and carefully laid out, dressed in a suit of black cloth and placed in state in the large rotunda of the college building, where hun- dreds of friends and admirers came in crowds to pay their last tribute of respect to the deceased, Not less than fifty ladies were each furnished, at their earnest Solicitation, with a small lock of his beautiful black hair, His body was kept in the rotunda tor one whole day. On the morning of the 9th he was .buried in the Westminster burying ground, corner of Fayette and Green streets, Baltimore, it being the old family burial ground of the Poes. A large number of our citizens, | many of the most distinguished and prominent lite- rary and professional men, followed his remains« to | their sepulture. But of all the crowds of citizens and | mourners that wept over the lamented poet there was | one mourner not visible, Yet the depth of her sin- cerity and grief could not be measured by mortal eye! and would defy the most sceptical doubt. I mean his | mother-in-law, Mrs. Maria Clemn, W@ho was his aunt as well, he having married bis firstcousin, I had communi- cated, as soon as bis death occurred, to her the sad in- telligence of his fate; to which she replidd in strains of the deepest sorrow and thanking me for my attention and communication, and in her own language, the let- ters being in my possession yet:— “My prayer is that God may bless you for soothing the dying hours of my precious, darling Eddie, Please get Mr. N. Poe to return his last letter to me, for I | prize it above rubies. It is a hundred times more precious, He was the most affectionate of sons to me. It was a devotion he had gained and kept until death.” | Poe's appearance had not materially changed, His face was calm, and a smile seemed to play around his | mouth, and all who eaw himsexclaimed, “ How natural he looks!"? There was no discoloration of the skin. | He looked to be in a natural sleep. | He was a handsome man, elegantly dressed, and but | few could claim advantage over him in this regard. { , | His head was exquisitely modélied, forehead very promi- | nent and largely developed, its measurement corre- eponding to that of the great Napoleon Bonaparte, a cast of which was in my possession. His skin was fair, hair raven black and inclined to curl, teeth perfectly good and eyes gray. His weight was about 145 pounds, and height five fegt ten inches, His hands were as deli- cate asalady’s, His shroud was made by my wife and & few of her lady friends, who considered it an honor to contribute*in anywise to the distinguished poet. A gentieman from Europe, a celebrated pliysician, was , with bim a few minutes before his death, and wept over the deceased. He said he considered him the greatett critic and best American poct living. He had read all his works and sought eagerly for everything re- lating thereto. J. J, MORAN, M. D., Resident Physician, for seven years, of the Washington University Hospital, Broadway, Baltimore City, Md. A LORD AMONG THE BEGGARS. Yesterday Lord Houghton visited the different chari- table institutions under the supervision of the Depart- ment of Charities and Correction. expressed himself as well satistied with the trip, OF NATIONAL ACADEMY The Antiqne School of this institution will be opened DESIGN, on Wednesday, November % Candidates must submit | their drawings from the cast on or betore the 1st of November Mr. T. Addison Richards, corresponding secretary, will receive drawings at Twenty-third street and Fourth avenue. CHARITY FAIR. The fair in ald of St. Francis’ Hospital, held in the, Armory of the Sixty-ninth regiment, corner of Grand and Ludlow strects, will close on Saturday evening next. A grand yocal and instrumeutal concert will be given on the occasion. ROBERT BURNS, Mr. H. B. Perkins, of this olty, delivers his popular Jocture on “Robert Burne at Hanover, N. H., on Friday, the 29th inst. The lecture will be given under the auspices of the Senior Class of Dart- mouth College. GRANT'S GIFT. [From the Rocky Mountain News} The stallion prosented by President Grant to ex-Gov- ernor Hunt is the celebrated trotting horse Claymore, sometimes known as Peacemaker. It is said thata | more beautiful pleco of horsoflesh than Claymore is rarely seen, His color is a dark bay, his height w ft teen and one-third hands, and age seven years. His movements are of the most graceful @baracter, and he is, doubtless, the finest gaited horse MH the West. He is atnong the thoroughbreds recently fold at Grant’s great horse sale at St, Louis and was bought in for the Prest- dent by a reserved bid of $2,500, Claymore was and astimulant, He partially aroused while getting se deeusht ead saamad ta stave tha nnnila af hie bronght out on the track, and, behind @ stiky, showed T sat down | I had beef tea ad- | | subUle—voluntarily place himself in such a questionable | in his speech, spoke with no less eloquent and impas- | stoned fervor. His Lordship | NEW YORK HERALD, THURSDAY, OCTOBER 28, 1875—TrRIPLE SHEET. DOLAN’S DOOM. A Verdict of Guilty of Murder in the First Degree, Sentenced To Be Hanged on ‘the 10th of Next December. NOH AND WS NEMESIS---THE SCENES IN COURT. Atrial of more absorbing interest has not taken place for along time in our criminal courts than that of John Dolan for the murder of James H, Noe. The peculiar circumstances of the case made it one that would very naturally excite a large degree of pub- lic interest, Itis hardly to be wondered at, therefore, that long before the hour fixed upon for the reassem- bling yesterday of the Court of Oyer and Terminer there should have been a large crowd eagerly awaiting admission to the court room, As on the previous days of the trial, there were vastly more seeking admission than could be possibly accommodated, It was very difficult, im fact, for the police to restrain the impatient outside gathering filling the entrance way and stairs leading to the conrt room. As usual, the prisoner occupied a seat near Mr, William F, Howe and ex-Judge George M. Curtis, his counsel, his cool demeanor and perfectly impassive bearing continuing the same as on tbe previous day. Still clad in their mourning weeds, the widow and daughter of the mur- dered man oceupied their accustomed seats just out- side the bar, Tho mother of the wretched prisoner sat remote, friendless and seemingly heart broken in a distant corner. The day was ocoupied by counsel in summing up and by Judge Barrett in his charge, Long speeches they were, but there was that degree of interest in the case, that pungent force of eloquent delivery and that graphic epitomizing of the scenes of the murder and unfolding, link by link, the strong chain of circumstantial evidence con: necting the prisoner with the dreadful crime, that all listened with that intensity of interest that knew not weariness nor took note of time, SUMMING UP VOR THE PRISONER, Ex-Judge Curtis made a most powerful plea for tho prisoner. He began his speech directly on the opening of the court, at half-past ten o’cloek, and did not con- clude until nearly an hour after recess, By skilful logic ho sought to dissever the chain of circumstantial evidence against the prisoner. His theory of the case was that the Police Department, spurred on by the indignant public, found it necessary to find a scapegoat to satisfy the clamor of the people. Suppose this man is hung; no one will mourn him but his mother and sister, So- ciety would congratulate itself that it was safely rid of afelon and dangerous man, But this jury would not be led about by passion or prejudice. Hore was a man who did not fear to stay about the city, He was not | afraid to stay about the locality of his crime. It was not customary for murderers to linger about the place of their crimes. It was preposterous. He- would havo crossed seas. He would havo fled to the uttermost portions of the earth. It was not definitely fixed when the crime was committed. Would the jury hang a man on speculation, on @ mere probability? Every man ‘was presumed to be innocent until he be proved guilty, Referring to the cane with the representation ofa miniature monkey on top, found near the scene of the murder, he asked, “Will any man swear positively that this was the identical cane carried by the prisoner? Would the jury hang a man on such evidence as that?” He next referred to the watch of the deceased, the pawn ticket for which was found in his posssession. This was certainly sus- picious, but this man was a thief. He might have known that it was the fruits of a larceny committed by another man, a murderer perhaps. The prisoner didn’t care how this watch was obtained, While this possession of the watch in the hands of a respectable person would be enough to fasten upon him the guilty act, its possession by @ thief was a most natural thing. ‘The jury had seen the stick, the cane and the watch. He believed there was nothing in them. The jury would not be influenced by these things. They were intelligent men, and they would not convict a man on simple circumstantial evidence on a few suspicious circumstances. He urged upon the jury to keep in mind that if this man be the murderer of Mr.. Noe, it was a most extraordinary circumstance ‘that the prisoner should make no attempt to evade the consequences of detection. They should remember how easy it was to identify the watch. Would he—a thief, cunning and condition? In conclusion Judge Curtis cited several cases where innocent parties had been convicted upon circumstantial evidence and executed. Some of these stories were most thrillingly told, SUMMING UP BY MR. PITELPS, District Attorney Phelps, though not quite as lengthy He said he was asworn officer, and would do his duty without prejudice, dispassionately. ‘The prisouer stands in the shadow of two graves—oue that of his innocent yictim, the other one which the avenging hand of justice seemed to open before him. An innocent man had met death at the hands of thiscraven. The place in which the jury sat was far above the waves of passions; in the solemnity of their oaths they would fearlessly discharge that duty which the law had | imposed upon them, They were to decide whether the | prisoner be guilty of the crime or not. The Court will advise asto the law and they should flecide the tacts, He would not delay them by any long recital of facts. | ‘They remembered tho circumstances of the murder as detailed by the witnesses on the stand. They remem- bered the first words of the prisoner when detected by Mr. Noe, when he asked him who he was and his bold and deflant answer, “I am a thief.” They knew of the facts of his attack upon Mr. Noe, His assailant struck him, as Mr. Noe supposed, with a jimmy, but which tn the darkness and excitement of the encounter he could not distinguish, If all the facts do not demonstrate that the murderer of James H. Noe was guilty of murder in the first degree, {i not, then there is no process by which murder in the first’ degree can be demonstrated. The boldness, deliberation and pre- meditation of the attack and its unfortunate result was | too palpable, The assailant makes his escape; no eye witnesses the encounter; he takes his waich and his | in the | | agony of death and coolly departs. Counsel then pro- | pocketbook; leaves bis Victim, ag he suppo: ceeded Lo review the entire evidence, In this review ho was particularly scathing on the prisoner, showing, as he claimed, a tissue of inconsistencies throughout— a maze of coutradictions. The supreme point m which | Dolan was connected with the watch was, he urged, an inducement to tell the whole truth, On the contrary, not a statement he had ‘made had been ‘corroborated. Entangled hopelessly in the meshes of the testimony offered he | seeks to escope. Not one word of exp'anation had been given by Lim of the circumstances tending to his crimination, It was their duty to administer justice and the law, He did not stand there to strain the testi- mony against the prieouer, but simply to urge on them | to weigh the evidence carefully, dispassiouately, im- partiaily, No law of nature could be violated without sure, swiftand sudden penalty, It was ther duty to discharge conscientiously the duty devolving on them— a duty inade imperative by the laws of God and man, JUDGR BARRETT'S CHARGE, It was four ofciock when Mr. Phelps concluded his summing up, Judge Barrett immediately proceeded to | and secondly, through his challenge to the petty array, . Judge Barrett overruled the motion, to which Mr, Howe took exception. PARSING SENTENCE, And now came the most solemn scene in this life tragedy—for such really it was. Dolan again being re- quested to did 80, standing with his hands be- Hind him, looking steadfustly at the Judge. In passing Sentence the Judge spoke slowly, but with manif feeling, as follows Jobn Dolan, the jury, after a patient consideration of Your case, and although you were defended with great ability, have Spemounead pou guilty of murder in the firat doxree. Twill not say that I ‘concur’ in the ver- dict, for I more than concur in it, and it was difficult Ferre ohare the jury so aS to do itand yet feel the fe impartially, for the, bare statement of be an argument against you. Your guilt was clearly arenacing, and I do not desire to say one word to add a to the sufferings you mast now be undergoing. though you seem so stolid, But I trust that the verdiet will be a warning to others and will tend to lessen the terrrble crime of enter i the houses of oureitizens, = and night, burglariously, and taking there human life. No burglar enters a house with a view of committing a burglary who has not got murder in his heart, If they were engaged in any such criminal pursuits the law 1s swift aud sure and the eye of pon them, While some escape, the criminals e@ generally brought to Justice, and if they escape they never can ex from their guilty consciences. The judgmenutof the Court is that you, Jobn Dolan, be taken to the City Prison of the city of New York, from whence you camo, and be Sanat by the neck on December 10, 1875, until you are dead, When the last words fell from Judge Barrett's }i| there wasaslight moisture in Dolan’s eye, a slight tremor on his lip. He quickly recovered himself and listened with his wonted imperturbability to the reading of the Sheriff's commitment, When the reading of this document was finished, Deputy Sheriff Cummings took Dolan in charge, the Court adjourned, the crowd quickly dispersed, and, fn an almost universal whisper, was re-echoed the unanimous verdict—a just doom. FAMILY FEUDS. A SON PROBABLY MURDERED BY HIS FATHER IN A PIT OF ANGER, Fora longtime past the house No. 44 Henry street, owned and partially occupied"by Mr. John Dowdell, has been noted among the neighbors for the frequency of broils occurring in it. John Dowdell is a man about fifty years of ago, and is the owner of two trucks, which were driven by his two sons, Thomas and James. Tho former is about thirty-two years of age, and has had practical control of the business. His management of affairs was not always satisfactory to his father and the two often disagreed about money matters. When enraged they used violent and menacing language each to the other, This condition of things culminated at an early hour yesterday morning in an ailray which will probably prove fatal to the son, Both had been drink- ing freely during the night. They reached their home together in an intoxicated condition, The long stand- ing feud was renewed in the houso, and FATHER AND SON CAMB TO BLOWS. Nobody was presont except the immediate members of the family, and it was only when the report of a gun was heard that the neighbors became aware that tho affray was more than usually serious They at once crowded into the apartments of the Dowdell family, and to their horror found Thomas lying apparently dead on the floor, while his father, paralyzed with fear, stood shrinking and cowering in a corner of the room. Cries of ‘Police, murder, watch!” were raised, and Officer Nealis, of the Seventh precinct, hurried to the scene, The old man made no attempt to escape, but, muttering some incoherent exclamation, quietly submitted to arrest, Word was immediately sent to the station house and a stretcher was procured for the unfortunate son, who was quickly removed. The surgeon on his arrival made a careful examination of the victim and found that his skull bad been penetrated by buckshot, and that somo of the missiles had probably lodged in the brain. There was no course but to remove the wounded man to Bellevue Hogpital, where he now lies, still an- conscious, Ors: to elicit any information from MISERABLE FATHER were vain, as Me had evidently been unnerved by the dreadful deed which he had committed in a moment of drunken frenzy, On the opening of the Court at Essex Market yesterday morning he was conveyed thither by Officer Nealis and committed by Justice Kasmire to await the result of the injuries he had inflicted. All questioning was useless, and he continued to maintain silence after being incarcerated in his cell. Mra, Ellen O'Connor, a daughter of the prisoner, and sister of Taomas Dowdell, is supposed to have wit nessed the shooting. She and her brother James have been committed as witnesses to the House of Detention, They, too, remain silent, and until the wounded man recovers consciousness nothing further can be known of the dreadful tragedy. THE KILLING OF REUPP. CLOSE OF THE ARGUMENTS FOR THE DEFENCE YESTERDAY—THE PROSECUTION TO BEGIN ‘TO-DAY. Trenton, N. J., Oct. 27, 1875. In the Keenan murder trial in this city to-day Mr. William H. Barton occupied throe hours in summing up the case for the defence in the presence of a large audience.” He made a thorough analydi¥ of thé testi- mony given on both sides, criticised that of the State and contended in forcible language that the prisoner at tho bar was innocent of the foul crime alleged against him, He insisted that the policemen, Reupp and Hartmann, bad transcended their duty on the night of the fatal occurrence, and that they attempted the arrest of Keenan out of a personal spite. He adverted to the address of the prosecutor of the pleas in rather UNCOMPLIMENTARY TERMS, and characterized several of the propositions sub- initted to the jury by him as ‘monstrous, absurd and unreasonable,” He impugned the whole of the Tren- ton police force with deroliction of duty, ana said that if they would try and enforce the law instead of neg- lecting to do so there would be less crime, less & bath’ desecration, and Keenan would not be here to- ‘on trial for murder, After an exhaustive argument Mr. Barton coneluded, and ex-Senator Stockton then arose and proceeded to argue on the same side, Mr. Stockton kept the Court, jury and audience enraptured during all the afternoon.’ He entered ina lively man- ner into the case, plunged profoundly into the laws relating to homicide and sifted the evidence with ekill and shrewdness, He said no man was ever convicted on such an indictment as had been drawn by the State against the prisoner. It does not say how the murder ‘was committed, does not name the fatal instrument used, does not give the time or place, and, in fact, it leaves us in ignorance as to the essence of the alleged crime. Counsel then defined in a clear manner the necessary ingredients constituting homicide and in- sisted that the State had only proved one of those in- grodients, and that was that the victim is dead. The ali had never been found. There is NO EVIDENCE that Reupp came to his death froma pistol ball. Dur- ing his argument Mr. Stockton advanced several theo- ries in support of his view of the cage, and in coucla- sion made a feeling appeal to the jury in behalf of the prisoner. Attorney General Vanatta will make the closing argu- ment to-morrow (Thursday) on behalf of the State, after which the case will be given to the jury by the Chief Justice. THE BROOKLYN BOND ROBBERY. TRIAL OF MATHIAS FRANK FOR ALLEGED CON- SPIRACY—DISAGREEMENT OF THE JURY. Yesterday the trialof Mathias Frank, a liquor dealer, of No, 62 Wytho avenue, for alleged conspiracy to de- fraud the Nassau City Bank, of Brooklyn, was com- menced in the Kings County Court of Sessions, before Judge Moore aud ajury, On October 6, 1873, ex-Comp- troller Frederick A Schroeder reported to the Common Council that his office had been ‘robbed of two, and | charge the jury, occupying three-quarters of an hour, | He began by stating hat on the fifteen requesisto | charge submitted to him by Mr. Howe he should charge on all but two. He then stated that the law recognized | the distinction between a man who commits a homi- cide when engaged ina felony and when not thus en- gaged. viewed the testimony, leaving it for the jury to decide as to the weight to be given to it, As to the pris- oner’s own statement regarding his move- ments on the night preceding the homicide, on the day of the homicide and the day following, including his explanation of his possession | of the watch of the deceased, he left it entirely tothe jury to seitie the question as to the degree of credi- ibility to be given to it. If ail the facts lead convine- ingly and unerringly to the guilt of the prisoner, in their judgment they must then find him guilty of murder in the first degree. If the facts were not thus conclustve to them, they must acquit him. The pris- was entitled to the benefit of any reasonable doubt, They should weigh carefully the evidence and give tt thoir best consideration, aud in their verdict ali would wiesce. r. Howe askod the Judge to make a fow additional charfes; woong them, that the prisoner never left the city after the murder, and that there were no marks of a conflict, either on bimeself or his clothes, which requests the Judge complied with, THE VERDICT. Kight minutes after leaving the court room the jury returned. Every head was bent forward and every eye fixed intently upon the foreman when he arose respon- sive to the question whether they had agreed upon a verdict, When a verdict of guilty of murder in the first degree was announced the eyes of every one turned upon the prisoner. Ali this time Dolan stood erect, with his hands behind him, perfectly cool, im- almost defiant, ASKING ARREST OF JUDGMENT. Mr. Phelps moved that the Court procesd to pro- ounce seutence according to the verdict just r dered. Mr. Howe said that he should m in arreat of judg- ment, Which the Court could hear then or in the morn- in, Fuago Barrett—I'll hear {t now. In the former the law did not require the ele- | ment of premeditation or even mtent. He then re- | possibly of seven coupon bonds of $1,000 each.” He caused the arrest of Adolph Kessler, one of his clerks, | for the robbery. On February 2 1st, Mr. | Schroeder reported to the Board of lermen that ‘there were stolen by his former clerk, in addition to the stx bonds previously dis- covered missing, twelve cancelled Park coupon bonds, | $1,000 each, in lieu of which registered bonds had | been issued.” On January. 3, 1874, six of the missing | coupon bonds were presented for payment at the Nas- sau Bank. The man who presented thom at the bank was taken before Comptroller Schroeder, to whom he stated he had been sent to colloet them by Mr.'Frank, who was then waiting for him around the corner. Frank stated that these coupons had come to his hands a few days prior to Jan’ 1, in an envelope without any letter. He supposed al the time that a letter would follow. Four days later, Mr. Schroeder re. ceived an envel containing twelve coupon bonds of $1,000 . The clerk, Adolph Kessier, is now serving a term of one year in the Penitentiary for the robbery. It was on bis statement that au indict. ment was found againat Mr, Frank, Those were the facts elicited on the trial yesterday. Kessler testified to having made arrangoments with the accused, Mathias Frank, to take bonds from the Oomptrotter’s offee; that Frank collected the interest and gave him half the jg; that he also saw Frank use a camel's hair neil and some acids to erase the cancellation of the nds. Ex-Comptroller Schroeder testified as to-what the ac- cused told him about the transaction. Mr. Mildenberg and Theodore Rich also testified in behaif of the peo: Assistant District Attorney Moore appoared tor he people and General Crook for the defendant. Judge Moore charged the jury about four o'clock, and it retired to deliberate. The jurors came into cow about six o'clock and stated that they could not agrele ‘They were thereupon discharged. INCENDIARY FIRE. About one o’clock yesterday morning a fire was dis- covered in a house on Schaffer street, Brooklyn. The structure was burned down. The loss caused by it is Mr, Howe then proceeded to state the grounds of his | motion, which were, firat, that the indictment was not | ait of 2:46 with perfect aver this Weel rly found for the reason set forth in his plea in | Bielement, which be insisted was aaood olen in law: | about $3,500, The property was insured for $5,000 in te Williamsburg City Insurance Company. tne fire “a of inceuwdiary origin, @nd is under investigation Fire Marshal Koadys | THE CITY BUDGET. FIXING THE ESTIWaTES vor 1876—THE HEALTH DEPARTMENT 4ND SHERIFY'S OFFICE—LIST OF CHARITABLE INSTITUTIONS AND THEIB APPROPRIATIONS, The Board of Apportionment met again in Mayor's oilice yesterday at eleven o'clock and Bees in session for nearly two hours, Mayor Wickham, Comptroller Green, Alderman Lewis cud Tax Commis sioner Wheeler were present, A list of the charitable institutions, reformatories, &c., entitled to pecuniary support under State laws, was read by the Comptroller, together with the amounts allowed to each. The whole sum foots up $883,140. The following isthe list:— Asylum for Idiots. ‘American Femal for the Friendle Children’s Aid Soc! + 10,008 F oundling Asylum under charge of the Sisters of Charity. 3,000 Hebrew Benevolent Society 83,000 Hudson River State Hospital... » . ‘500 Tustitution for Deaf and Dumb. cost exedh MOMS Institution for Improved Instruction of Deaf 10,700 ‘ 6,008 Le Couteuix St. Mary’s In the ii roved instruction of deaf mutes, city of RRs te ren esccnsann : +, 60 Magdalen Female Benevolent Society. - 6,500 New York Juvenile Asylum. + 75,000 New York Infant Asylum... 35,000 New York State Homempathic Asylum + 600 New York State Lunatic Asylum. + 2,000 New York Cathole Protectory, 2 220,000 New York Society for the Kelief of the Rup- tured and Crippled,....., + 26,250 Nursery and Child’s Hospital, 95,600 Protestant Episcopal House o + 7,000 Roman Catholic House of the Good Sh i) 14}500 State Lunatic Asylum for Insane Criminals at Auburn. oe 1,500 The Shephe! ds oS 1 5,000 The Children’s Fold of the city of New York.. 6,200 Union Home and School for the Education of Children of Volunteer Soldiers, se. 19,500 The next matter taken up for consideration was the appropriation intended to cover Sherif’s fees and sup- port of prisoners in Ludlow Streot Jail. ‘The Comptroller said he knew of uo law authorizing those expenditures, Mayor Wickham expressed a desire to give the Sherift an opportunity of being heard in relation to the subject, and action was postponed until the next meeting. , The estimates of the Health Department were néxt taken up. According to the present action of the Board $239,350 is allowed this dopartment, $820,000 being asked for, Dr. Janeway, who was present, stated that this estimate was entirely too smail. It would be im- possible to get along with leas than had been given un- der last year’s appropriation, The item for smallpox purposes had been reduced some $6,000. According to the proposed figures they would receive $23,000 lesa than for 1876, Mayor Wickham—The figures haye been fixed by the Comptroiler, Mr. Green—The Comptroller has had little to do with . fixing the figures, ‘ Mayor Wickham said they had no desire to embar- rass this department or any other department of the city government, He wanted to give them all that they required, Last year the Health Board was al- lowed $222,000, and $37,000 was atterwards added, Professor Chandler had sugested that they should at least be placed on the same footing as that of last year, ! Dr. Janoway—The least on which we could run the department would be $263,000, After some further discussion Alderman Lowis was appointed to confer with Professor Chandler and Dr. Janeway, in order that some amicable arrangement might be made, ‘ , * Comptrolier Green offered a resolution authorizing the transfer of $2,400 from unexpended balance of Fire Department, 1574, to the appropriation for cleaning markets, 1875. Accompanying this resolution wasa letter from the Fire Commissioners consenting to the transfer to the fund in question, ‘To this latter clause Mayor Wickham objected. He knew that it was proper for a department to consent toa transfer of mone; but they had no right to specify as to what socount it should be placed, ‘The resolution was laid over. Communications were received from Judges of the Superior and Common Pleas Courts consenting to a re duction of $12,525 from estimates sent in by the former and $12,150 from the latter. Comptrolier Green insisted by procuring copies od those communications, but his request was voted wn. Mayor Wickham and Alderman Lewis here ex- Pressed a desire to procure for reference tab- ulated statement of the budget as far as passed upon from the Secretary of the Board. ‘An adjournment then took place until eleven o'clock this morning, contrary to the strendous efforts of the Comptroller, He contended that the Board had only a few more days in which to complete their business, that several important matters had to be passed upon, such as the Seventh regiment armory appropriation, expenses of Corporation Counsel and other items, ‘he Board has until the first of November to com- plete the provisional estimotes, They then go to the joard of Aldermen for revision, and are sent back to -the Board of Apportionment. A TALE OF THE MONTANA, AN INDIGNANT PASSENGER DECLARES THAT HR AND COMPANIONS WERE ABUSER AND ROB- BED. To Tue Epitor or Tux Heraup: T have read the interesting story of the Montana in this morning’s Heraxp, and being myself one of the late passengers on that vessel, am able not only to certify to its correctness, but to give you some additional de- tails, Tho narrative of that notable disaster will never be completely told. To each chapter published by the press the weekly novelist’s “to be continued in our next” might be appended. Take, for instance, the sub- ject of the Williams & Guion Company's discourtesy to their patrons, Itishard enough for these ladies and gentlemen to lose their property ; but it 1s shameful that for indemnification they should receive insult, I remem- ber one lady in particular, who, in the inventory of her efflecis that the company asked for, entered a pink | shell pendant and earrings, Tho pendant was among the very few arviclos of value exposed by the company’s servants for identification. — And when this iady saw it she signitied to the clerk of the company that it was hers, and stretched out her hand to take it, But that pond ‘at once objected :— “It can’t be yours, madam. have searched your inventory through, and there is in it bo mention of a cameo!” ‘So the owner, blushing at the insult to her honagty, was forced to ‘explain to him that there 1s a difference between a pink ehell and acameo; that in her inventory she had mentioned, not acameo, but a pink shell, and that she recognized the article before her as her own. Whereupon, with ap- parent relugiance, as if he still suspected her of ‘a wish to pilfer, he handed her the pendant, Another lady experienced even worse treatment, Awong the valuables lost in the débris were two very retty gold handkerchief holders, belonging to two of the ladies. A handkerchief holder, you gentleman readers are aware, consists of @ finger ring, a small chain anda he p= of clasps. On describing their pro erty to each other these ladies found, oddly enoug! that their holders differed from each other in a single particular only; one was slightly enamelled and the other was plain. Well, one morning the third oMcer of the Dakota told gomobody that a handkerehiet holder had been found and was in the possession of the pureer, The purser, when asked about it, said that he had preserved it with othor valuables which would be offered simultaneously for identi- fication, Of course when those valuables were so’ offered the handkerchief holder was missing. Again the purser was appealed to. He couldn’t account tor tue delinquency, He remembered throwing the orna- ment intoa bucket, with the rest of the jewelry, It must have fallen outside and been picked up. But one of the ladies, who seems to have. had a premonition that it was hers, kept pressing the matter for three days, and told the other officers of the company about it, The purser still repeated his explanation and de- njed all further knowledge. And it was not until tho morning that the Dakota sailed, which was, I believe, five days aiter the third offiver had iirst reported the discovery and recovory of the holder, that this lady re- ceived it from the purser, When she did so its ring Was missing; It was only a worthless fragment, and yet by Fae know the purser has been seen wearing it whole, Av# saloon passenger of the Montana will tell you that that handkerchief holder is famous. Again, When we embarked upon the Dakota, on our home, ward journey, we were compelled, ladies, children and all of us, to ascend in the dusk of the evening a steep and dirty plank, which had been thrown as a angway from the bow to the wharf. It would have orn a feat to make such an ascension on a clean board by daylight. The plank was so narrow, so slippery, ~ and placed at so groat an angle, that I was apprehen- sive for the safety of a lady and child with whom I was connected by the tenderest ties, When they had at last, by the friendly services of three or four seamen, reached the deck of the Dakota, and were resting in the saloon, my apprehension was exchanged for indigna- tion, and I remonstrated with the ebief clerk of the Company, who appeared to bave the embarkation in charge. Shall I say that bis reply was saucy and inguiting, and that, for once at least, [ lost my temper? You nave not space for any more of this recital. Let me say, in a |, that the servants of the Williams & Gulon Company, a8 as the Wiliams Guion Company iteelt have acted throughont this sad and now colebrated disaster with diseourtesy and injustice, And there area score of witnesses, whose names and addresses are at this moment within my reach, who are ready and anxious to tell in acourt of justice ‘what ARGONAUT. CONDUCTORS’ CONVENTION. Yesterday morning the Eighth Annual Convention of the Railroad Conductors’ Life Insurance Association of the United States and Canadas was held in the Grand tral Hotel. About 125 delegates were present. The pe address was delivered by Mark M. Pomeroy. Invitations were tendered to the delegates by various and one from Colonel i. B. Ricker, of the New rey Central, to an excursion vo Mauch Chunk, where a ball will take place. During the past year the claims pad by the association ounted to $26,643. The re- ceipts for the year ending August SL were $13,435, and the expenditure $13,178, leaving @ balance of S267 ‘The present number of members is 1.456