The New York Herald Newspaper, November 6, 1875, Page 5

VON: ARNT M, The ‘Concluding Act of an Eventful Drama. THE LAST. TRIAL. An Interesting Resume of the Legal Quibbles. THE MAGNANIMOUS VICTOR Beruiy, Oct, 20, 1875, Scarcely more than a year has elapsed since all Ber- lin was startled trom its propriety by the news that Count Harry Arnim, late diplomatic representative of the German Empire in Paris, had been arrested upon his own estate of Nassenheide, near Stettin, conveyed under a strong escort of police to Berlin and placed un- der lock and key in the city jail. Tho telegraph wires flashed the wonderful news to all corners of the carth. Specuiation was rife as to the possible motive for the unprecedented proceeding, and for weeks and weeks Arnim’s arrest, his demeanor in captivity, his state of health and the opinions of the doctors with referenco thereto were the almost exclusive topics of conversa- tior, not in Berlin alone, but in every German city, and not in Germany alone, but in Vienna, in Paris and in Rome well. Tho minutest details connected with this all engrossing event were welcome to the world at large, and enterprising reporters, who, with all their daring and ingenuity, failed to obtain a nearer view of the secrets of the prison house in the Stadtvoigtei or in the Charité Hospital, to which the illustrious captive had been afterward transferred, were detected in the act of scrambling up lampposts or ensconsed among the boughs of trees from which a view might be got of the windows of the building, in the hope of being able at least to astonish the universe with an account of the texture of the curtains and of the pattern of the carpets, Everybody had Arnim on the brain, and everybody who claimed to be somebody was bound to be also a stanch Arnimite when he was not an unflinching Bismarckite, COUNT ARNDE WAS ARRESTED on the 4th of October, On the 12th of the same month he was, in virtue of a certificate from the physicians who found him suffering from an aggravated form of diabetos, removed to the Charité Hospital, whence he was released on the 28th, only to be arrested again a few days later. He was not, however, taken back to one of his former prisons, but simply confined to his own house, He was subsequently set free again, an enormous sum being required as a surety for his re- Appearance. The public proceedings before the City Court began on 9th of December and lasted for seven days, the public excitement being wrought up to the * highest pitch the whole time, until the evening of the 19th, when the sentence was delivered, On that occasion the not too roomy Court House was crowded to suffo- cation, while those who ceuld not find admittance within formed a compact mass upon the staircase from the audience room down to the doors, ana thence in an un- broken line to the open space below. Scarcely were the decisive words out of tho Judge’s mouth when they were shouted from stentorian lungs from the win- dows, eagerly taken up by the expectant turong and conveyed in hot haste to every part of the city ana thence to all Europe and America, although, as far as you are concerned, the cable fees might have been spared, for, as it afterwards appeared, some little bird had Iet you into the secret many hours before. THE PIRST SENTENCE. Ineed scarcely remind you that Count Arnim was found guilty of having appropriated and “put outof the way,’’ but without felonious intent, thirteen important Btate papers, not documents, thereby committing an offence against public order, and incurring the penalty of three months’ imprisonment, calculating the timo already passed in confinement. He was also mulcted in the costs of the trial, Half a year later, namely, on the Lith of June last, the question was brought anew before a higher tri- bunal, the Kammergericht, or Court of Second Resort, to which both the State Attorney, Tessendorff, and the accased, Count Harry Arnim, had nppeated against the sentence delivered by the first. The proceedings were staid and decorous, not to say somnolent, in character. Ninety-nine Berliners out of a handred had not the Hightest suspicion that anything unusual was going on, and the twelve or fourteen individuals composing she auditory, besides the reporters for the newspapers, were a few porsonal friends of the Count himself, and a bevy of workwomen who had just been condemned lor belonging to an ultra-democratic association which had been put down by the strong arm of the law, and who, when their turn was over, stayed behind to sco how their fellow sufferer, ‘a real excellency,” got through his own muddle, With the result of the trial you are acquainted. Count Arnim was found guilty of the graver charge of having embezzled, not ‘papers’? alone, but “documents” (Urkunden) intrusted to him ia bis official capacity. It was added that he had eyi- “ently no intention of returning them, and, in con- formity with this severer view of tho case, the penalty was raised from three to nine months’ imprisonment, with the usual deduction of the month already passed in durance vile, When the sentence was made known people simply shrugged their shoulders and said, “Ab! he should have Jet wellalone.”’ And this was about all the com- ment that was made, The interest was dead and gone. Habent mafata—causae! To-day the CONCLUDING ACT OF THIS EVENTFUL DRAMA was played, and the curtain has fallen upon it forever. The theatre was a small and somewhat dingy room, re- joicing in the name of “Ober-Tribunal,” or Supreme Court, and sitnate one story above the Court of Second Resort. The actors were Vice President Von Ingers- leben and six assistant judges; Herr Generalstaatsan- walt Wever, representing the prosecution, and Herr Geheimjustizrath Dorn, who appeared for Count Arnim, ‘The last named in opposition, it is said, to the advice of many of his friends, had insisted upon going through with the matter to the very end. The spectators were, in addition to two relatives of Count Arnim, his fon and bis brother-in-law, a handful of the usual re- porters, for whom no special provision had been made, but who were accommodated with chairs in front of the Jadges’ table, At this table, of horseshoe form, covered with faded green cloth and raise’ upon a dais, sat, behind a row of law books flanked by a few wooden inkstands, the pre- siding judge, with his colleagues, Messrs. Hahn, Kibne, Eding, Weyors, Thewalt and Delins, At one of the two extremities was seated the prosecutor, Dr. Wevor, and at the other the Sgcretary of the Court, whose name, though no doubt respectable, is scarcely germane to the matter. In front of tho President and below the dais were two desks, one of which was occn- pied by Dr. Dorn, the counsel for the defence. For the benefit of those who are curious in euch details it may be added that the walls of the room are hung with a crimson flock paper, and that a emall thermometer in & niche behind the judge’s back constituted the only article of furniture not already mentioned, THR PROCEEDINGS began with a question addressed by the judge tothe counsel for the defence. “Did he imtend to dwell upon the contents of the ‘papers’ or ‘documents’ which, on account of their peculiar character, bad hitherto deen witbheld from publicity? Did he propose to read extracts from them? In such case the public would have to be excluded from that part of the pro- ceedings.” Dr. Dorn had no intention of doing An exchange of bows followed, and the judge then requested the reporting judge, Dr. Hahn, to open the case. ‘This opening consisted of a general statement of the Matter as it stood at that moment, with the sentence, delivered by theCourt of Second Resort and the objec- Hions raised against that judgment by Count Arnim’s advocate, together with the position taken up by the prosecution in reference to these objections. | Van Giesen suit is the Inst of which any record could Tho stnatiness of the court room and the remarkably | distinet utterance of most of the speakers enabled ns to | catel every word of what was going on, The objections hy the defence regarded, first, the competency First Resort; and, | delivered by the ‘Kamme nd Resort, The prosecution, the opposite view upon each of these A rapid summary of DR, DORN'S SPEECH will kerve to show the general nature of his argument raiae of the Studtgerieht, or Court of Fecondly, rericht, or Court of S of course, took points, | NEW YORK HERALD, SATURDAY, NOVEMBER 6, 1875.-TRIPLE SHEET. The incompetency of the Beri Court had, he ob rerved, been fully admitted by the higher tribunal be- fore which the case was brought in the second in- stance, Count Arnim’s legal domicile was in Nassen- heide, within the jurisdiction of Stettin; and the Count himself, when brought before the examining Judge, Pescatore, had raised this objection, but his words were not taken down in writing; and on this ground alone—that is to say, because the objection had not been made tn due form and within the legal time—the second Court bad admitted the subsequent competency of the first. The law, however, counsel contended, prescribes no definite furmalities in such a case, and tho gereral principle, also sauctioned by law, is that “no man can be taken away from his legal judge—in the present instance, the judge sitting in Stettin. But should this objection be overruled there were other grounds, according to the advocate for the de- fence, why the sentence of the Second Court should be setaside. Atthe time when the alleged offence was committed Count Arnim was not a “functionary,” as ho bad already been released from his charge. Further- more, the alleged “documents” were no documents within the meaning of the ‘aw and according to the generally approved definition of the term, That they might, under certain conditions, acquire the character of documents was, he argued, besido the question, as the same thing might be said of any writing whatever. The papers in question were simply instructions, de- livered by the Minister to his diplomatic repre- | sentative for the guidance of the latter, and | gommitted to writing for the sole reason that they could not on account of tho distance be delivered by word of mouth. They were not intended to be seen by any person except him to whom they were addressed. Some of them were not even signed, and others were manifestly mere rough drafts, The second Judge had, Dr. Dorn maintained, misinterpreted the legal significa- tion of the term ‘‘document.’” It will not have escaped the attention of your read- ers that the whole gist of the matter obviously lies in the character attributed to the thirteen despatebes re- ferring to the Church question, ana tbat upon this, the very kernol of the question, we, the profane vulgar, re- main entirely in the dark, one only of the alleged documents, and perhaps the least important one of all, having as yet seen the light, THE DEFENCE. That Count Arnim had no deliberate intention to keep the papers in question, Dr, Dorn argued in con- clusion, mnay fairly be inferred from tho fact that he actually did restore them in the month of June, before any proceedings had beon taken against him, On these grounds he urged that the sentence pronounced against his client should be set aside, It may be remarked here, by way of digression, that one of the most striking anomalies connected with this singular trial is that Connt Arnim should have been condemned for having in the first instance retained the papers which he surrendered at last to the Foreign Ofico, while he was acquitted in respect to those which he failed to return or of which he was unable to give any account. Wnen called upon to rebut the arguments of the de- fence, the Public Prosecutor, Wever, contended that Count Arnim had really a legal domicile in Berlin, being the owner of a house in Leipzigerstrasse, as ho had himself declared during the time of his mission in Rome; that, at all events, on the supposition that he had no otner legal domicile, his place of temporary residence would answer all the purposes required by the Jaw, and that place was evidently Berlin, By a legal fiction an ambassador was supposed to be still within the territory of the State which he officially represented. Ie was, therefore, amenable to some home jurisdiction; otherwise, he might commit the most atrocious crimes with impunity. He might be a native of any German State; he might even be a foreigner, and then where would his legal judge reside? Evt- dently at the seat of the government which he officially represented, Arnim, therefore, as German Ambassa- dor, was naturally amenable to the Berlin courts, Herr Wever then insisted upon Count Arnim’s pub- lic character as a {unctionary, notwithstanding the fact that he was not for the moment or during a part of the time in question on active service. With regard to the debated question of the forum delicte commis, there were casos, he argued, in which an offender may be- come ainenable to two distinct jurisdictions, A mur- derer, for example, may stand upon one sido of a boundary and Kill another standing upon the opposite side. The plea that Arnim did not actually destroy the documents, for such they were, intrusted to his keep- ing was irrelevant to the point at issue, it being sufli- cient that he should render them non-existent for the time being. In support of this view he cited the caso of a priest who had con- ecaled the Tish» registers at a moment when they wero réquired to yield evidence in some disputed cause, The priest's plea that he had merely secreted, not destroyed, them was overruled on the ground that he had virtually destroyed them for the time being. This stage of tho proceedings being now brought to an end, the Court adjourned for about two hours and a half. At the expiration of this timo the Court met again, the auditory having in the meanwhile dwindled down to some sixteen persons, all strictly professional, and as soon,as the result was made known most of them at once scampered off without waiting for the ‘‘motives,’” which, indeed, though lengthy, were the reverse of novel, As everybody bad expected, the High Court entirely coincided with the view taken by the lower tribunal with respect to the question of competency, the aocue mentary character of the papers and to Arnim’s official capacity as a public servant, The'plea for the setting aside of the sentence delivered by the Kammergericht was rejected, the existing sentence, therefore, con- firmed, and Arnim condemned to defray the costs en- tailed by the present proceedings, ‘Thus ends this memorable trial, as curious and anom- alous in its details as it has been unprecedented in its general character, I may mention the prevalent ra- mor that the Imperial Chancellor, satisfied with the victory which he has gained, will advise the Emperor, on his return from his Italian visit, to make use of his prerogative of mercy, by commuting the sentence into a free pardon, “THE HEART OF NEW YORK.” The story which has been circulated by some of tho country papers relating that “suits wero now pending | in the United States Circult Court in this district, on | the part of a committee of twenty of those who claim to be heirs to the Trinity church property, and that at one time since proceedings were begun the plaintiffs had been offered $150,000,000 to compromise,” is said to be untrue in every particular. After eareful in- quiry, ingtituted by the Henan, it appears that there is not even one suit pending against the Trinity Cor- poration to-day. Mr, Ogden, ono of its prin- | cipal attorneys, says fhat no claims against | the estate, as indicated above, have been made for many years, The Bogardus case, which was decided several years ago in favor of the corporation, the Van | Giesen ei al. cause and the Anneke Jans complications which were so fully reported in these columns in 1871, | are the only suits Mr. Ogden had knowledge of. This | against the Trinity Church Corporation and F. A. Smith.’ March 14, 1871, the was dismissed for | want of prosecution in the United States Cireuit Court | in this city. Since thon Trinity Church Corporation as not been assailed by any claimants, the attorneys say, £0 that all the romance dished up for the delocta- | tion of country readers appears to have not the slight- i est foundation in fact. be found, Its title was “Kyncar Van Giesen and others | i AN EARTHQUAKE WAVE. [From the San Francisco Call.) From accounts brought of a high swell prevailing for some days, during a calm on the ocean coast line as far north as Point Arena, it appears probable that the earthquake which vibrated faintly the other day in this city and at other points had its origin somewhere in the Pacific Ucean, Farthquake waves travel with amazing velocity, The great earthquake at Lisbon rolled a shock across the Atlantic which was felt in a few hours in the West Indies, and some perturbations of lake levels were observed in Great Britain, The con- vulsion which 80 seriously affected the western coast of South America and a part of this coast in 1868 was even more remarkable, as the wave thereby set in mo- | tion touched the eastern coast of Africa within twent ccurrence, The Gipsy, which ar- y [rom Cuffey's Cove, calling at Bridgeport, brings t information that a most extraordinary sca hes lashed the coast at these and other harbors, © The swell came trom the southwest, without wind. Tho 's Cove eight days, endeavoring to e there aiter all with only a partial | it that b She lett a fleet of schooners cargo. waiting for a favor | She holds a salver laden with fruits and other refres' | ments, ble opportunity to Bridgeport whart and take 18 reported washed awa) |, and 1s now some 150 fect higher than high water mark, The coost north of Point Aroua is represented to be covered with drift loxs | ART NOTEs. GOSSIP AMONG THE STUDIOS. Charles H. Miller bas returned from his favorite sketching ground, Long Island, to his studio in Booth’s building. Ono of the principal pictures commenced by him this sommer is a view of New York city from Newtown Creek. Another, just started, is an every day scene on a country road, A drove of cattle are be- ing driven along by an old farmer, the effeets of the frosty air showing in the animation of their move- ments, <A Long Island cornfield at twilight, with a flock of sheep in the middle distance, and another view im the same region, showing the prac- tical, thorough, picturesque Jabor of burning brush, are among his more finished works, He has mado sketches of mill ponds whose stagnant marshes have become pestilential through want of proper employ- ment, and of old mills, more beautifal in their ruin than in their most prosperous days, when the old Dutch settlers found it more profitable to support such institutions than their descendants do in the present age with improved machinery. In a view of tho salt meadows of Jamaica and that vicinity, Mr. Miller has introduced a building bearing the suggestive name of ‘Mosquito Hotel.”” J. G, Brown is home again from Ulster county, with a portfolio full of sketches of those unconventional and graceiul figures found among the tamilics of farmers and others who are not “toned down’? by the restraints of city life. A young woman in a real calico dress, try- ing the plums on a tree to see if they are not yet ripe; young sportsman with his sister behind atree, he sighting bis gun at some object, while she watches with breathless attention; a little girl ata spring, and a group of small children playing, are but a few. On some of them the artist has succeeded in catching charming effects of sunlight. Ho is at present Qnishing a portrait of a bright-looking lad, sailing a miniature boat in a trough of water. Ho calls it “Poor Sport.” On his easel is one of his well known boy groups. _In this about half a dazen representatives of the rising generation aro cultivating their gambling propensities by pitching pennies. G. H. McCord has been painting “Sunnyside,” the home of Irving, and its surroundings, He is now busy with Adirondack scenes. One of these is of Chapel Pond, Arthur Parton is also painting Adirondack scenery. He has made ceveral studies of autumn foliage on the Ausable River. In one of them the river is very nar- now and dashes over the stones with great force. Many of his pencil sketches are beautiful. He is also painting a view of Derwentwater, in England. S. J. Guy has in his studio a picture which, though nameless, tells its own story. A boy, sitting in the retirement of his room, is endeavoring to mend a rent on the Knee of his velvet ‘‘Knickorbockers.”’ An cl- derly lady, seen through the open door, looks with astonishment as she ascends the stairs at the apparition of the outstretched arm of the boy as he draws the threaded needle from his knee, In another picture he has represented two children, one in it’s mother’s arms who is hold- ing out its tiny hands for the flowers which are offered by the other child. A fence is placed between them, ad separates the child of wealth from its poorer play- mate, who has dropped the wild flowers so beautiful to it before as soon as the brighter exotics were offered. Mr. Guy has commenced two life-size groups, which will give him a still higher position among figure paint- ers, if he is as successful in finishing as he has been in the commencement of them. W. Casilear is busy with Colorado scenery. Among the nearly completed works around his studio is. a view on Lake Champlain, and one in which he has introduced the rugged outline of the Catskills in the distance, Winslow Homer is ut present working on a compo- sition in oil which Is semi-historical in character, A foraging party, whose uniform shows them to have belonged to Duryee’s Zouaves—not yet for- jotten by participants in thes late war— ave succeeded in capturing a° calf, which, from the difficulty the ‘Zuzu" experiences in carrying off bis prisoner, seems to be a regular elephant. In another picture's dilapidated young specimen of the class of citizens entitled to civil rights is trying his strength, both of musclo and will, against that of acalf. If the rope with which that darkey pails the animal should break both parties would have to turn an in- voluntary summerset backward to regain thoir equilib. rium. ‘Mr, Homer has made many studies in water colors, one of the best being a young lady stand- ing in a grove. The white drapery on this figure is very delicately painted, the figure itself is graceful and lifelike, the surroundings barmonious and the picture altogether a charming one. In contrast to this isa little darkey boy, holding an immense sunflower and looking as lappy as Clytie herself before Apolle changed her to the flower he holds, A. Ortiz, at his studio, No. 25 Union square, has just completed two magniticont paintings for the Catholic Church of Transfiguration, im Williamsburg. Tho aintings are six feet by four feet six inches, ‘The sub- ject of one is the ‘Conception,’ copied from the original Murillo, in the Royal Museum at Madrid, The other is an original of the “Crucifixion,” as conceived and presents a startling contrast to many of hed copies sent from Rome. He has also completed a three-quarter portrait of the young King of Spain, Alfonso. As Ortiz was formerly a student under pay of the Spanish government, at Rome, Paris and Madrid, where he constantly met the Prince, 1¢ may be imagined how true the portrait isto life. The young King is dressed in the gorgeous uniform of a Captain General and wears the orders of Carlos Ter- cera (Charles ITI.) and San Fernando. Among the portraits Ortiz has finished and about to be delivered are those of a niece of the late Peter Har- mony and the late Louis Benjamin, of this city, painted from photographs, The studio is well worth visiting. Here are two splendid copies of noted works the first. of the Madonna and the infants n_and Jesus, taken trom “La Perla de Rafael,” in the King Phillip collection at Madrid; the second a copy of “1 Protecting Angel,” taken from the Cathedral of Seville; the original ‘being placed by the side of the celebrated “San Antonio,” which was re- cently cut ont by robbers but restored through the agency of the Spanish Consul here. Mr. Ortiz has painted some thirty pictures for patrons in New York and elsewhere, one a handsome group of getanos and dancers—un cuadro de costumbres—tor General Sickles, | The great versatility and general excellence displayed | by this artist, represented by the designs on exhibition, place him in the front rank of the schuol of real art. Kinseman Van Elton has now on his easel a view of Field Paint, Long Island, at sunset. He has many sketebes brought home with him from Holland made during his late trip in his native lund, and has nearly completed a large picture from one of them, which is soon to be sent across the seas to its owner, He is also busy with Adirondack scenery. E. Wood Porry is just back from his summer working ground at Hurley, where he has been hunting up al sorts of primitive costumes among the conservative old famihes in that region. Old looms and spinning | wheels are his favorite implements, These he introduces in his pictures, with the short waists and narrow | skirts of the housewives, who wove their garments in | their own homes, spinning even the yarnand thread | used by them. A girl trying to light a fire with a flint and steel is another of this class of subjects, Among the more modern pictures, he shows two women seated at a table inaquaint old kiteben, Gossip is writ ten in every line of their tigures, as well as their faces, | and a young girl descending the stairs which leads into the room is apparently as much interested as them selves. In another picture, about half done, a little girl is bidding farewell to a pet calf which has just been sold, A woman seated with a woollen sock over her hand and a busketful of stockings at her side he has named ‘A Month’s Darning.”” Albert Insley has just returned from the White Moun- tains, and is elaborating a view of Mount Washington, He has been very industrious during the summer, for his portfolio is Tull of sketches in ot! from different parts of Rockland county as wellas the White Moun- tains and the Catskills. Around his studio are several of his twilight winter scenes, H William F. De Haas passed the summer at Newfound. | land, He is marking out some of the sketches made there, One of these shows a curious formation of rock, called ‘Coccle’s Head.” It near the harbor of St. John’s. He has introduced some of the black sailed fishing boats seen in that vicinity in this picture, Cape Spear, with the signal station on | top of the hill, and Conception Bay, near Harbor Grace, on the Newtoundland coast, are now neurly fin- ished works. Ina view of the old Orchard beach on the coast of Maine, the artist as allowed a single sun- beam to shine through the gathering storm clouds, and | the effect as it touches the sand is beautiful. H Miss F. A. Perkins is painting a portrait of the late Indge J. W. White, Other poriraits in varions stages of completion are around her studio; among them is a | copy of Frothingham’s portrait of Daniel Webster. Miss M. R. Oakey occuptes the studio with Miss Per- king, and has nearly completed a life size figure of a | lady dressed jn acustume of the time of Louis X It is called ‘Serving the Hero.” A full length | portrait of a young lad, anda bunch of water likes in ‘an old French vase, are among hor last works. | ‘There are now on exhibition at Knoedler's, Fifth avenue and Twenty-second street, among. other recent importations, six figure pictures, which have been sold | to one gentleman in this city, for $50,000, The largest, by Jules Breton, is a group of peasants resting after their day’s labor. An Alma Tadema, which is one of the greatest rarities on this side of the ocean; a Span- ish scone, by Vibert; a Gerome, a Messonnicr, and a Zamacois. The pictures sent to the Western exhibitions by our New York artists are most ot them being returned, From a business point of view the exhibitions were failures, as very fow pictures wore sold, BOOKS RECEIVED. “The Mysterions Island Dropped from the Clonds.” By « Jules Verne. New York: Seribner, Armstrong 7 Tale eect tea.” By a Me Ballontyae. Rew Yorks Pott, Young & © MQolden. Trnths' sermons, By John N, Norton, New York: T. Whittake “The Bridal Kyo. adelphia: T. B. $ “the Spirits’ Book. i By Mrs, B,D. BN. terson A Brother By Allan By Mrs. Ellon B. Ward, Nashville, Southworth. Phil- | dec, Boston: Colby & *| Angels’ Messagos.”” Tenn ‘ “The Catskill Fares.” By V. W. Joboson. others. "fhe ueen of Connaught,” A novel, Hamer Brothers, Harper 3 } head. | Kansas, Texas and Miesourt 6,000 wag THE FORTY-FIRST STREET MURDER. INQUEST IN THE CASE YESTERDAY—FRANK BURNS FULLY IDENTIFIED AS THE PARTY WHO STRUCK THE FATAL BLOW. Coroner Eickhot held an inquest yesterday on the body of Jacob Bechtold, the German saloon keeper who was murdered on the night of Saturday, October 30, by being struck on the head with a club in the bands ot Frank Burns, one of the notorious “Tenth Avenue Gang.” John Bechtold, a nephew of the deceased, was the first witness examined. He testified as follow: Iwas at my uncle's place last Saturday night; he kept a lager beer saloon at No. 408 West Forty-frst street; there was a dance at his place on Saturday night Inst; about cleven o'clock a disturbance occurred in the place; my cousin, Jacob Bechtold, was inside, stand- ing by the piano; a few moments afterward be came out into the barroom; he said some one had struck him, and while be was talking to me some one struck him’ again and knocked him down; he got up and started to run, when the same parties who had struck him before hit him again, fell- ing him to the floor, where they beat’ him; I saw one with a stone matchbox; he jumped upon a table, with the matchbox in ‘his hand, and fired it at Jacob as the latter lay on tho floor; others got chairs and knocked the globes off the gaslights; at this time the old man (Jacob Bechtold) came from behind the bar and tried to beat back the crowd from his son; he had a club in his hand; some one took the club away from him and I saw no more of it; I recognized some of the parties who were there then as the same ones who had been there on tho Saturday night previous, when there was a little disturbance. Sophia Becbtold, wifo of the murdered man, testified that on the night in question she was up stairs when the fight began, but on hearing the noise she came down just in time to see her husband go bebind the bar, | followed by a “big, tall man," who struck him on the head with aclud, knocking him down; the man with the club then left, taking the stick with him; I identify the club now shown me as the one with which my husband was struck; it was his own club, and he had fixed it up and used to keep it behind the ‘bar; I cannot identify the man who struck my husband; Iwas too much frightened and excited; I only know he was abig man; I took my husband up stairs and washed him; be went to bed, soon became insensible and remained so until half-past four, when he died. Ofiicer Murphy testified to having arrested Frank Borns, John H. Green and Alexander Kennedy as tho parties who killed Bechtold; the officer found the club with which the killing was dono concealed in Burns’ Toom, at No. 530 Tenth avenue. Carrie Bechtold was next sworn and proved tobe the most important witness in the case, Sho said:—I am the daughter of Jacob Bechtold, the deceased; at the time of the disturbance, last Saturday night, I was tending bar for my father; 1 saw my father ‘coming from the ballroom and a tall man following with a club in his hand; | my father behind the bar and the tail man leaned over the bar and struck my father on the head with the club; my father fell behind the bar and the tall man went out, carrying the club with him; my father had nothing in his hand when he came out of the ball- room; I identify the man here present (Burns) as the one who struck my father; I have seen the same man in my father’s place before; he was there the Saturday night previous; when my father came bebind the bar be- fore he was struck I noticed he had been stabbed in the back and was bleeding. George New, the son-in-law of the deceased, cor- roborated the evidence of the last witness in almost every particular. Coroner Eickhoff reviewed tho evidence before the jury and then left the matter in their hands. They re- je for a few minutes and then returned with the fol- lowing:— THR VERDICT. We find that the deco sed camo to his death at No. 408 West Forty-first street, New York city, on the 20th day of October, by being struck with a club on his head, fracturing his skull, and we further find from tho evidence that Frank Burns is the party who struck the blow. Burns was committed to the Tombs to await the action of the Grand Jury, and Kennedy and Green wero nt to the House of Detention as witnesses. Burns is a tough looking customer, and, although but twenty- three years of age, is said to have served a term in tho State Prison. BELLA JONES’ DEATH. TRIAL OF POLICEMAN BEARD AS~ ACCESSORY. Patrolman William J. Beard, of the 15th precinct, was yesterday arraigned before Commissioner Smith, holding court at Police Headquarters, charged with having brutally clubbed Bella Jones, the unfortunate young woman who, it will bo remembered, hanged herself to the door of her cell on the night of the 2d of last September. Police Surgeon Dorn testified to having been called to the Fitteenth precinct station house on the night of September 2 to attend the prisoner, Bella Jones, who had been discovered hanging by the neck to the door ofher cell; the woman was dead when ho arrived; death, in the opinion of the witness, was caused by strangulation. Deputy Coroner Marsh testified to having made a post mortem examination of the body of the deceased; her brain was congested, but not from violence; there were two bruises on her forehead; could not say how they were caused; might have been tho result of being struck with aclub, or might have resulted from a fall; death resulted from yi mead Doorman Flynn, of the Fifteenth precinct, deposed :— Betla Jones was brought into the Mercer street station honse a little before one o'clock A. M, on the 3d of last September; she was locked up in a ceit; noticed no bruises on her face or hands when she was placed in the cell; she was under the influence of liquor; before bo- ing locked up she laid on the floor in front of the Ser- geant’s desk. Julia Flanagan, of No. 166 Thompson street, sworn:— On the night of September 2 made a complaint to officer Beara that Bella Jones had THREATENED TO TAKE MY LIFE and also that of my daughter; upon that complaint officer Beard arrested the deceased; saw her at the time she was arrested; she was living on the floor be- neath, and was in her room when the officer came in; saw no violence used. Katie Fitzpatrick, of No. 144 Sullivan street, testified to having been in the company of the deceased at nino o'clock on the night of her arrest, at which time Bella Jones was not under the influence of liquor, E. H.. Mumford, of 1224g Sullivan street, swore to heving witnessed the police taking the young woman to the station house; Bella was very scantily attired; saw clothing tendered her; she refused to put it on; witnessed no ill usage on the part of the police. Lawrence Casey, the friend of the deceased, re- peated substantially the story told at the Coroner's in- quest and which was published in detail at the time. The case was adjourned until one o'clock this after- noon, THE BOUND BROOK VICTIMS. Intense indignation {s felt throughout New Jersey over the verdict rendered by the Coroner's jury in the | case of the explosion at Bound Brook of the Centralia. Itis insisted that Prosecutor Voorhees and the Grand Jury of Somerset county owe it to the fair fame of judi, cial administration in that State to look further into this “accident” and prove conclusively that, however powerful they may be in Legislatures, in Congross and in some courts, railroads arc powerless in New Jersey to tamper with her dispensation of justi Yester- day at noon seven additional of the wounded were removed to St. Michael's Hospital, in Newark, for treatment, making twelve that are now there, Tho poor fellows were assisted from the cars by the depot and hospital employés, and were transferred to vehicles in waiting, and were then slowly driven to the hoxpital, All of them, with but one exception, were suffering from scalds. Their names are Poter Sullivan, James Short, Thomas Kelly, James Riley, Patrick Sharon, Michael MeDonald and Christopher O'Toole. McGee, who was supposed to be ail but dead, is still alive, and may possibly recover. A NEW HAMPSHIRE TRAGEDY. [From the Concord (N. H.) Patriot, Nov. 3.) Samuel T. Abbott, of Ossipee, killed his wife at four o'clock on Tuesday afternoon. They had a quarrel, and ho struck her with an axe, nearby severing her Ho undertook to hang himself, but he was cut down in time, He was arrested and carried to the Court House, He confessed the deod, and says he was Pu and in his anger committed the homicide, le has several children, from ten to sixteen years old. He is a amall farmer, but not a man of many friends, MISSISSIPPI NEGRO VOTERS. [From H. V. R. in Cincinnati Commercial.) Leaders of the blacks have to be constantly on the watch to keep them from being fooled by democratic tickets. Therefore tho Pilot, of this city, republican organ, keens astanding warning to the blacks to be sure to get their tickets from trusty leaders of the Party, Often, to prevent the darky from voting the wrong ticket, the republican tickets are printed on tri- colored paper or on paper of a peculiar tint. And then sometimes the democrats sandwich in the name of a democrat or two on paper of the samo color, and the intelligent colored voter unconsciously thrusts it into the ballot box. If the leaders of the blacks in this State shonid have | a mind to play the fraud, they could cause to ca for negroes y other person, GOING WI [From the Boston Transeript.] Emigration to the Pacific coast States has been very targe during the last seven months, For the period beginning on tho Ist of March and continuing until | the Ist of November the Union Pacific Railroad Com pany sent West from Omaha, on emigrant cars alone, 000 emigrants. During October they sent out L ears containing $,025 persons, The travel on the tir: and second ciass cars has also been very large. From ave two persons each, have crossed the plain moun tains for the State of Oregon. Railroad men and st tion agents report the overland traver with tean larger this year than any sinco the rai!road was but 60,000 votes for Jefferson Davis for Governor or | LIQUORS AND LICENSES. The Board of Excisg Inves- tigated. Police Captains.on the Wvttuess Stand. The Assembly Committee on Crime, after quite an interregnum of rest, resumed its labors yosterday at the City Hall There were present Messrs. Campbell, Ness and Dessar. There was an imposing attendance of police captains, each one armed with a roll of paper, containing a list of all the liquor stores tn his precinet, along with accompanying remarks opposite each liquor dealer's name relative to the character of his concern, Captain McDonnell, of the Fighth precinct, reported the names and addresses of eighteen disrepntadle Nquor saloons, which had licenses to sell liquor, and were frequented by thieves, prostitutes and other dis- reputable people. Ho said, in answer to the question as to whether he knew of any women who kept disrep- utable houses being licensed, that he was aware of a woman named King having a license, and, after going and examining it, he found it was drawn m the name of Purcell. Captain Lowery, of the Sixth precinct, handed in a list of ten liquor saloons, or what are called in his pro- cinct distilleries and bucket shops, the resort of hard cases and habitual drunkards, being licensed, Captain Williams, of the Fourth precinct, gave a list of twelve liquor saloons, the resort of bad characters, that were licensed. He did not inform the Inspector of the Excise Board of tho nature of these places, Ho was accustomed to send in to tho Superintendent a list of all the liquor stores in his precinct and the particular character of each. AN INSPECTOR OF EXCISE. Thomas J, Wendover said he was an Inspector of Ex- cise, and heard tho lists read that wero handed in by the police captains of persons who held licenses and kept places frequented by evil people. His definition of a bucket shop was that it was a place without a bar, where a board merely was laid across the head of a barrel and the liquer served out without a bottle. In his visits to the bucket shops mentioned in one of tho lists he never saw more than two or three people pres- ent, and he had no means of knowing whether the character of the place was any worse than other liquor stores where a bar was kept. The duty of an inspector, as he considered, was to inquire into the character of places applying for licenses, He had over 700 places to visit and inspect. Counsel inquired if witness acted on his own judgment in indorsing applications for license, and he answered that to the best of his ability he endeavored to find ont the character of the places before recommending them to be licensed, but he was unable to tell whether the men he. might see in a low drinking saloon were thieves or the women prostitutes. Witness thonght that in his district there must be about 400 persons selling liquors without license. Captain Garland, of the Eighteenth precinct, handed ina list containing the name of only one place that held a license which he considered was the resort of Prostitutes, Being asked as to the enforcement of tho Jaw against the violation of the Excise law by selling liquor, witness replied that under the law as it stands it was impossible to stop the trafic in liquor on Sun- days. Captain Allaire, of the Fourteenth precinct, furnished a list of six places were licensed houses were the resort of thieves and prostitutes. Captain Steers, of the Twenty-ninth precinct, testi- fied to the existence of a large number of disreputable places in his precinet which he had reported to the Ex- cise Board, and which, nevertheless, had beey licensed ; Mr. Newburgh, the Inspector of ‘the Excite Board, never consulted him in regard to licensing theso places; the Argyle Rooms was a disreputable dance house, which was, however, frequented by many re- spectable men. This statement gave rise to considera- ble banter, the witness jocosely saying that he had no doubt the committce were justified in visiting the place in their professional capacity. Mr. Townsend—Why is it that these men who sell liquor without license are not arrested? 5 Captain Steers—Well, I’d have to send in a policeman to take a drink and I shouldn't like to be a party toward making a drunkard. Mr. Townsend—Could you not send in a policeman to witness the drinking? Captain Steers—Upon the mero fact of the ofeer's witnessing the sale of liquor only, Lam sure I could not obtain a conviction. It’s very difficult to obtain outside parties to appear as witnesses against these eople. Captain Ullman, of the Tenth precinct (bounded by the Bowery, Division, Norfolk and Houston streets), testified that on the 12th of October he reported some twelve or thirteen disreputable places, the resorts of thieves, &c., to the Police Superintendent; the worst of these places was on the Bowery, which was the re- sort of notorious prostitutes and prize fighters It ap- peared from the testimony of this witness that the copy of the report which he made to the Superintendent and which the latter furnished to the committec, was incomplete and that the Superintendent must have made his own selection of the places reported in draw- ing up the copy. Thomas Brady, Exeise Inspector of the Tenth pre- cinct, said there were about 700 or 800 drinking places in this precinct. He was asked why Patrick Lanigan's place was not closed, but could give no satisfactory ex- planation. He admitted that it would take him two months to visit each place properly, and hence that it would be better if the police captains, and not the ex- cise inspectors, would be intrusted with the duty of re- — the bad character of saloons to the Excise oard. Captain Hedden, of tho Thirty-third precinct, fur- nished a list of four places where liquor was sold that are tho resort of disorderly characters, and are licensed, and soventy-two where liquor is sold without a license. W. A, Davidson, Inspector of Excise for three dis- tricts north of Harlem Bridge, said there were about 400 liquor places within his circuit, About twenty-five were selling without license, The reason why the lat- ter places were permitted to go on selling was because he believed they were disposed to take out licenses, but were unable at present for want of means. He had no instructions to make complaints about partes selling liquor without license to the Police Department. His instructions were from the Excise Commissioners. Captain Clinchy, of the Thirteenth preeinct, far, nished the names of two licensed places which were the resort ol thieves and disorderly characters. Wit. ness stated having arrested last month thirty-five per- sons for selling liquor without license, tive of them who had permits from the Excise Board were discharged; the rest were held under $100 bail. John ff, Terbune, Inspector of Excise in the Seventh and Thirteenth police precincts, stated that there were 800 liquor dealers in hiscireuit, and out of that num- | ber about 150 were selling without license. Captain Mount, of the Nineteenth precinct, reported thirteen licensed liquor stores within his jurisdiction which were the resort of thieves and bad ‘characters, He knew nothing of these places personally, and relied for his information on the officers upon’ post, There were about 200 unlicensed places in his precinct. difficult to prevent the sale of liquor without They are arrested, put under $100 bail and harged, and this process is repeated over and over out any other result. Captain Murphy, of the Twenty-first precinct, re- ported six places of bad repute where liquor was sold under license. There were between 200 and 300 liquor stores in his precinct, and perhaps half of them were selling without license. Captain McCulloch, of the Seventeenth precinct, re- portéd eleven places which are the resort of pickpockets, thieves and prostitutes that were licensed. There are about seventy places selling without license. Witness said he had arrosted about seveaty of these people who held receipts for actual licenses. They were all dis charged at the station house by instructions from Po- lice Headquarters. Witness found it a dificult matter to prevent people from selling liquor without license, Edward Slevin, ward detective, Thirteenth precinct, re- ported forty-eight places licensed and unlicensed that were the rosort of thieves, prostitutes and rowdies, | A MODEL INSYRCTOR, Augnst Erben, Inspector of Excise in the Ninteenth and Twenty-first police precincts, testified that he vis- ited those places mentioned by Captain Mount and described as disreputable places; but, though he went there in the morning and evening, he could see nothing wrong. The witness was asked if he did not think it a Proper thing to consult the police captains before Tecommending men to be licensed. Counsel—Do you think it a proper thing. asin the | case of Miller, to give a license to a thief who had just come ont of State Prison ? Witness (after a pause)—Vell, yaas, in some cases; somedimes it do a man good to send him to Sing Sing for a little while; he come back a petter man. Counsel—Did you report favorably on the place at Twenty-seventh treet and Fourth avenue? Witness—Yaas, 1 goes dere and sees everyting’s all right. Counsel—Did you ever see any women thero? Witness—Vell, I vent to dat piace and don’s found no wonen dere. « Counsel—Did_ you ever advise the Commissioners to Tetuse a license to anybody Witness—Vell, yaas; I did hear sometinks about that, Question repeated. Witness—Vell, mine Got! trom a man. COMMISSIPNER: STINKA'S STATEMENT, Excise Commissioner Stiner made a statement in re- ly to the charge made by a witness named Annie an at the last meeting of the committee, He pronounced her several s ents as regarding him utterly false, It was true she was locked up in the Tombs, but was sent there by Judge Bixby, Ie ordered her arrest in connection with others in Greene Street. He was introduced to herby the man Kinkel Schutzon Park, and that was the first time he ever beheld her, It was untrue he went there for the pur pose of meeting her. As to the charge that he author- ized Kinkel to demand money from the woman to settle heg violation of the Excise law, it was wholly false, It might or might not be that Kinkel blackmailed the woman in bis name, Kinkel stopping the prosecution of the woman, answered that It I never told der Board to keep a licens Was entirely out of his hands, He | walle surrounding it all complete. spoke to him about | but he | body else, If he were disposed to make money lawfully be could do it on a seale of thousands ‘of dole lars, and it was quite unlikely be would jeopardize his good name for the sake of $90. Commissioner Stiner testified at some length about affairs in the Excise Board, and two witnesses were called to show that they obtained their receipts and Tivenses to enable them to sell liquor. The Committee then adjourned tll Taesday, at eleve o'clock, at the same place. ANOTHER SPANISH OUTRAGE. AN AMERICAN CITIZEN IMPRISONED AND BANe ISHED—HIS STATEMENT AND PETITION. Last evening Counsellor C. Godfrey Patterson, of thie city, a well known sympathizer of free Cuba, started for Washington, bearing the following petition to Secretary Fish concerning the unjustifiable imprison+ ment and transportation to @he Island of Pines of Frederico P. Montes, a naturalized American subject, duly provided with an American passport, Tho une fortunate man is a brother of Andrew Montes, a well known Cuban cigar merchant of New York. Whether Secretary Fish will refer the matter to Madria or semd down a man-of-war to Havana now remains to be seen, THE PETITION Secretary of State of the Andres M Ztos, of the city of New First—That your petitioner is a naturalized citizen of the United States of America, having received his cer- tificate of naturalization from the Superior Court of the city of New York on the Lith day of October, 1872, Second—That Frederico P. Montes, the brother of your petitioner, is also a duly naturalized citizen of the Inited States of America, and received a certificate such from the same said Court on October 15, 1872. "hird—That on or about the 15th day of April, 1875, the said Frederico P. Montes left the United States for the Island of Cuba, and while there was arrested on October 20, 1875, at a place called San Nicolas, and thrown into prison, where he is now confined, without cause of pretext, a8 your petitioner is informed and verily believes, FourtheThat prior to his said departure from the United States, and about the time of a visit made by him to the said Island of Cuba, in June, 1874, the said Frederico P. Montes, upon an application by him made in proper form to the Department of State of the United States of America, obtained and received there- from a “passport”? tor his protection while absent abroad. Fift—That your petitioner begs to refer to the said application and the certificate thereto attached, on file iu the Departinent of State at Washington, for proof of the citizenship of the said Frederico P. Montes, and of his right to the protection of the government of the United States, Fer a petitioner shows—That the letter herete annexed and hereby referred to was received by your petitioner by mail from the island of Cuba, on the 24 day of November, 1875, and is in tho handwriting and under the signature of tho said Frederico P. Montes, with which your petitioner 1s well acquainted, That the sald letter séts forth a statement of the facts con- nected with the aforesaid arrest and incarceration of the said Frederico P. Montes, and shows the said pro- ceeding to have been without’ provocation or justitica- tion, and in flagrant violatiorw® of the rights of the said Frederico P. Montes as a citizen of the United States of America. Wherefore your petitioner earnestly prays that the overnment of the United States will interposo in be- Fatt of tho said Frederico P. Montes, obtain his release from arrest and {mprisonment and secure to him relief for the annoyance which be has suffered in the prem- 18e8, ‘State of New York, City and County of New York, ss.—Andres Montes, being duly sworn, says -that he is the petitioner named in and who signed the foregoing petition; that he has read said petition and knows the contents thereof, and that the same is true to his own knowledge, except as to the matters therein stated on information and belief and as to those matters he be- lieves it to be true. ANDRES MONTES. Sworn to before me this 5th day of November, 1875,—Cnartes T. Cannes, Notary Public Kings county, cert, New York county. . Then follows an indorsement of the character of Mr, Montes and a recommendation from prominent citi- zens of New York that the prayer of the petition be granted, Among themare Colonel E. M. L, Eblera and H. G, Carter, of the Custom Houso; H. G. Pear. son, Assistant Postmaster; John W. Coburn, Seventh regiment; H. W. Taylor and F. Taylor, National City Bank; D. T. Worden, banker and broker, son of Com- modore Worden; Counsellor Lockwood, and many others, A TOUCHING APPEAG The following is Montes’ letter to his brother on the subject of his imprisonment :— In Jai, Gores, Oct, 22, 1875. Dear Brotner ANvREw—I am in distress without any cause. Forty-two of the best and worthiest of San Nicolas, all persons of means, have been thrown into jail since the day before yesterday evening, and to-day, without giving us any time to fix our business, or even get some clothes, we are warned to be ready to go ta the Island of Pines’ My father and my father-ip law are in Havana since yesterday to see if they can obtain my release through the American Consul, but I have prepared myself tor the worst, and think that I will ba taken to the Island of Pines together with tho others. Now, Andrew, think how my poor wife must feel. She went to Maaruga to her father’s honse yesterday, and although 1 know that she needs nothing, yet t know she needs my presence and that she sulfers ag do. Please see brother Ehlers and all our brethren to make a petition, in the name of God, our Lord, to the Hon. Hamilton Fish, so that he may order my release in case that Consul Hall can do nothing. Any way, if this reach you I wish you to call on Ehlers and inform all our brethren of the case and proceed without any further delay. You know how things are dealt with in this country, and, based on this, you must proceed whether I am at liberty or not. I swear before our God that [ have committed no of- fence of any kind against any one nor against the gov- ernment of this country, and likewise all the reat. [ want you todo your bestand make the Secretary of State work up the case, for I don’t want to grow old in banishment. As soon as I got out of this scrape I think I will get out of this place for some other where I may be sale. Goodby, brother. T shall be taken to Batabano thie evening. | Give my regards to all our friends, and Tam your good brother, FREDERICO P, MONTES. INTERNAL REVENUE DEPARTMENT. Last evening a Heraup reporter called upon Mr. Birdsall, Acting Supervisor of Internal Revenue, at his office in Pine street, to learn if he knew anything of the rumored indictment against Mr. Orville Grant, brother of President Grant; General Babcock, the President's privato secretary, and others, forcomplicity in the St. Louis crooked whiskey frauds on the govern- ment. This question was asked Mr. Birdsall because ho, as the successor in office of Supervisor Hawley, hag beon and still is continuing the preparation of evidence against the St. Louis distillers tor their shipments of crooked whiskey to this city. Mr. Birdsall replied that to the best of his knowledge and belict there was nota word of truth in the matter, and ho remarked that the reportdid not come from St. Louis, but by way of Cincinnati, and he believed the whole report to be a canard. In reply to a question as to whether he was busy with other matters except crooked whiskey, Mr. Birdsall replied that his subordinates were suk en- gaged yp seizing cigars contained in boxes not branded according to the late Treasury order. The seizures, however, have not been very large. He also said that his officers had discovered illegal stills in the Twelfth ward, Brooklyn, which they had instructed the revenuo officials of that city to seize. In another column of this paper a deecription’of said seizure will be found, A NEW JERSEY MONASTERY, [From the Paterson (N, J.) Press.] For the past month or so but little has beon said regarding the new monastery now in course of erection at Stony Road under the superintendence of the Care melite monks, who recently emigrated from Germany tothis city. The foundations for the work are now bemg laid. The dimensions are 34x72 fect, and the church, in style, will be Gothic, of common brick, pisis belt courses and front window arches of Philadelphia brick, It will be two stories in height, the upper for the church auditorium, the lower for the living rooms for the monks and for schoolrooms, It is to be finished previous to the coming holidays. In appearance the church will be somewhat similar to St, Boniface school on Main street, ‘The contractors have had a tough job of tho wor having to biast out of the excavations over 750 yards ol solid trap rock, or, in plainer terms, more than five feet of the perpendicular depth of the cellar was through solid rock. Within a month the walls are expected te be raised and the slate roof put on. The cost of the whole building will be about $9,000 or $10,000, and it will be occupied by the four’ monks asa house for | themselves and asa place of worship for their people on Sunday. This, of course, is the beginning of an extensive monastery to be established there, with high nd cloisters, church and chapels The nt building, when finished, will be capable of use as a mere offset or chapel to a much larger establishment to be eventually erected as right angles to and adjoining it. THE SCHOOL QUESTION, [From the Pittsburg (Pa) Gazette] With reference to the school question. It did not constitute a prominent topic for discussion during tho recent canvass, yet it really contributed largely to the defeat of the democratic ticket, It cannot be denied that the belief is widely ontertaimed that the Catholia authorities have deliberately determined to break down our public school system in the interest of church schools, It is further believed that in this enterprise thay have, or can have, the aid and support of the democratic party. It is simply nonsense to talk of our constitution prohibiting any diversion of publi schoo! funds to Catholic schools, “There are instances in this nwealth where the demand has been made that choot funds bo thus diverted. In any event Com lon had no donbt in regard to the statement thahe had | there is a quict, but earnest and profound belief, thet made AM appointment to ot the witness, Coleman; | the democracy and Catholics are allied for the destraa. that sho had received note to mect him from some: | tion of our public school avatar,