The New York Herald Newspaper, December 17, 1875, Page 8

8 THR TONKS MURDER ———__—_—y Granted a Stay of Proceedings. Dolan A VERY NARROW ESCAPE. What Legal Push and Per- sistency Achieved. THE NEGROES TO DIE. Interior of the Tombs the Day Be- fore Execution. ‘Yesterday was an eventful day in the Tombs. People Were constantly coming and going, and the narrow space between the cells in that portion of the prison where those condemned to death are confimed was made alive with visitors, deputy sheriffs and keepers Woving to and fro, In the afternoon, when the prison- ers confined in the upper tiers of cells were permitted to make the rounds of their respective balconies for exercise, the noise was great of clattering feet and busy tongues, and dispelled the thoughts of death that many visitors were apt to suppose should prevail at such a Mme and in such a place. In fact, for awhile the scene partook of @ holiday character. Two ef the men condemned to death walked about the space outside their cells smoking tigara, and gave to a stranger the impression shat they were connected in some official capacity with the prison. In the morning Dolan, Weston and Thompson were visited by Catholic clergymen, among whom were Fathers Duranguet, Barry and Zigler. Pour Bisters of Mercy, two of whom were sisters of the prisoner, called on Dolan, who bad previously partaken vf the Catholic communion, At half-past eleven his wife and mother called, and with tears in their eyes told him that they had just heard the Governor de- clined to interfere and the execution mustgoon, Do- Yan was but little discomposed at this announcement. He took both females aside and assured therh he still bad hope and told them to cheer up. He related what he had read in the papers regarding Judge Donobue’s @oubdt of bis guilt and the likelihood of Mr. Beach suc- reeding in securing him a new trial, Mother and wife then left him to go to Judge Donohue’s courtand watch the course of proceedings. In the meantime, between ten in the morning and two in the afternoon, numerous visitors, mostly news. paper people, clergymen and relatives of the con- @emned, called, At noon there was much bustle link- ing together a large batch of prisoners for Sing Sing. This part of the Tombs, which occupies the rear wing of the building, 1s curiously constructed. It is a nar- row oblong space, 200 feet long, only about twelve fect wide and open from floor to ceiling, On either side, rising one above the other, are four tiers of cells, with balconies in front, united by abridge and galleries. The whole is heated by a large old-fashioned stove on She ground fioor and in the immediate vicinity of the tondemned cells. The floor is of black and white mar- ble tiles, and, as there is an ample supply of light and beat, the general air of the place is not uncomfortable. THE COLORED MURDERERS. ‘Weston, one of the colored youths sentenced to fleath for the murder ot the Jew pedier, was seated for ome time at the end of the corridor, with a poor, woe- begone, withered-up, little white woman, clad in black. | Her eyes were red with weeping, and her thin, small hands played nervously with each other. Weston is of mulatto complexion, with large ox eyes, one of which is blind) His manner and voice betokened the ruffian, and though he claimed he should have been lot off on a verdict of murder in the second degree it was clear be was the inspiring genius of the crime into | which hg led the other two, Ellis, the other colored culprit, was standing up, talking to Rev, H. H. Garnett when the Henan | looked a boy of about, feporter entered. He twenty years, somewhat andersized and very dark. There was intelligence and some degree of firmness in bis looks He said to the reporter:—“My father is dead, but my mother is living down in Wilmington, N. | C. Ihave no relatives inthis city, bat a good many friends has come to see me since I came here. here's no use, I s’pose, in looking for any pardon, but Vse resigned. I trust in the Lord, who never disap- Points no one.” Onaseat behind him sat a colored irl of about his own age and appearance, and as he thus spoke to the reporter she began to cry, whereupon he turned round to console her, excusing himself from further conversation with his visitor. This girl was his betrothed, and it was really a touching sight to see the (ast interchanges of affection between them. Thompson, the other colored culprit, after spending Gome time with his confessor, was permitted to come out of hie cell and walk about, He wore an old suit o¢ clothes, and, with a red handkerchief around his neck, a battered baton his bead and a long cigar in his mouth, made, despite the circumstances, ap amusing appearance, All this, united to his very black skin, Ktbiopian features and simple looks, banished all ordi- Bary conceptions of a murderer from the minds of bis visitors, He eaid to the Heratn reporter:—“I was ‘Dorn on the eastern snore of Maryland and was cook on board a man-of-war for several years. I drove a cart in this city and did odd jobs here and there, I was en- gaged in the murder of the Jew pedier, but I was led astray and I think I have repented before God.” DOLAN’S DEMRANOR. Jobn Dolan, who was mistaken by the reporter for Bomebody connected with the prison, took matters with the coolest indifference, He wore a cardigan facket, black cloth pantsand acap. It was bard to Believe, looking into bia clear brown eyes, that he eould be the hardened case he was represented by the Police, He spoke with cheerfulness and bope and in- variably proclaimed his innocence of the murder, Ho showed neither trepidation nor bravado, and certainly, for one who had just been informed of the Governor's absolute decision and with the gallows so near at hand, he made remarkable exhibition of nerve. He said his appedrance, however, gave little indication of his wretched state. In the meantime the condemned negroes were de- prived of further useless hope. THE LAW MUST TAKR ITS COURSE. At ten o'clock A. M. the Rev. Thomas A. Davis, a Begro Methodist preacner, who has been in constant attendance upon Filis, handed Counsellor W. F. Howe the following letter from Mr. Charles Stebbins, Gov- ernor Tilden’s private sec: , announcing to Wes- ton that the Governor could not interfere in his behalf and that the law must take its course. The preacher asked Mr. Howe if he would appeal jo Judge Barrett for a stay of proceedings. Mr. Howe replied that he would willingly do so if he thought that there was the faintest chance of it doing any good, but he felt certain that it would aot The Feverend gentleman then withdrew, The following is the official document:— Starm or New Yorn, Pxvcunivy Cuaumen, ALaaxy, Dee. 15, 1875. Cmanies Weston, City Prison, New York :— Hin—The Governor uas received your application for » gommutation of your sentence. He would gladiy interfere 41 he could do #0 consistently with his dnty. He, however, finds nothing ia your case to justity such interference. You must, therefore. prepare fur the punisumeut which the law iubicte for your crime CHARLES STEBBINS, Private Secretary. The envelope dure the following inscription from Weston, written iu pencil in a distinct and boid band :— 1 think Mr. How, that if Gaking fur a benott commteny Yor lite such « LAST FAREWELL OF TH NRGROKS, At half-past five o'clock P.M. tho last parting on earth took place between the negroes and their coun- sel, William F. Kintzing and John 0. Mott. Tae Tombs ‘Was closed to outsiders, and the order of Warden Quinn, delivered to the turnkey in attendance tn the stern | ‘voice of authority was, “The prison is closed to. night | to all except deputy sheriffs.” The counsel, of course, were excepted, and so was the Hskalo reporter who accompanied them. Inside, in Murderers’ Row, the lamp# were iit and threw their fitful, uncertain glare on the dusky objects below. The small army of deputies was there, with Father Barry, two Sisters of Charity and the regular | @itachés of the prison. Tho counsel, with the re- niered nly and fret approached Ellis, cigar while walking to and {ro proached Ellis at bis cel! you, conld see th door, and, Mr. Mott au tak) myself bave come to bid you good-by. pan am very glad (0 se both of you. J thought my case was hopeless from the first. | was afraid you would get a stay for me. My woul’s pre. | Pited v0 We-So- Seow, and I should bave been angry jad you brought me the news that the Governor had “interfered in my behalf. We cannot jive | eiwaye; may God haye marcy on my wicked sow! We | —— NEW YORK HERALD, FRIDAY, DECEMBER 17, 1875—TRIPLE SHERT. meeting here to-night. You | know I'm # Methodist, I have never changed my faith, Weston and Thompson turned Catholics. I don’t find apy Lay with thei, but 1’ll die ip the faith of my good old mother, Here Ellis put his handkerchief up to his eyes to wipe the tears that come unbidden into them. Mr. Kinraing—Eilis, my poor boy, don’tcry, It ap- pears to be the will of God as well as the will of the law | that you should die. I’m glad to see you are nerved to meet your end with Christvan fortitude, Whereupon the twe counse! shpped him some cigars and shook him cordially by the band E.uis—Gentlemen, won't I see you in the morning? I want to have # Christian burial 1 want to see my coffin before I’m hung, and 1 must know Pro's spina to have my body and where I’m going to be buri Just as be bad concluded Thompson’s cell door opened and the Sisters emerged. Thompson followed | immediately, aud, seeing the counsel, at once ap- proached, Tuomrson (addressing Mr. Mott and taking his | hand)—I’m glad to see you. Have you any vews for Counset—None whatever, You know we told you from the outstart that your case was a hopeless one, and that in the end you Would be executed. We might for a time put off your execution, bat eventually it was suretocome. Your confession and that of your asso- ciates drove the last nasl in yoar collin. Tuomrsox (with a sigh, resting bis arm upon the cell door)—I never had apy hope from the commencement I know I'm guilty, “I trusted in the Lord. He has ferpven me, end Pm hoppy: I ask po merey on earth, The wretched man here crossed himeelf according to orthodox Roman style, and, after shaking hands again, retired into his cell. y Warden Fixuxy (to the counsel, looking at ting form of Thompson)—He is the best be- haved prisoner on the wer. Poor creature, be has never spoken a cross word since be’s been here; in fact, he's been quite a fayorité among us all. He has Bo friends come to see him except the good Sisters of 5 the priests, vg is Regen he came out of Weston’s cell, with whom he had been closeted for baifan hour previously, asthe counsel neared the spot His sister and his | wife, the latter a white woman, were with him. Rec- ogoizing bis counsel, with hasty step he approached them in a sort of indifferent style, Mr. Kixrzino—Well, Weston, you sce we've not forgotten you. We've come to bid you goodby. Wustos—I'm glad to see you; I feel better than when | last saw you, for 1 am bow resigned to my fate. Lappreciate what you have done—all that could be done for us—and, now that it can’t be helped, I am pertectly willing to die, Fathers Duranquet and Barry and the Sisters have been so kindto me. I feel 1 can Tovet death to-morrow, because I’ve repented of my sins. After acceptin, wife and sister, 4 of the corridor, are going to of some cigars he lett to go to his o were awaiting him at the lowerend THR GALLOWS was erected im a yard at the back of the prison, out of sight aud bearing of the prisoners. Carpenters were at itall the day, aud Sheriff Conner gave it nis personal supermtendence. Ropes to bang four were arranged. “I dou’t want,” said the Sheriff, “to make a butchery of this thing by bringing out three men now and one man again, 1 want to have the whole thing over as quickly as possible.” The executioner was busy all morving arranging the weights, which were a quarter of a ton each, four in number, each one being attached | toaseparaterope All the arrangements were finished ; belore dark, THE PIGHT POR DOLAN’S LIPR. The story of the legal steps taken to save Dolan’s neck is reuiurkable in many respects ag showing how perilously near aman may walk to the gallows if he have no friends to intercst themselves on bis bebulf, and it is remarkable, too, a8 an instance of what the push and persistency of lawyers may achieve. Mr. William A, Beach, who at a late hour had been retained im the case, had bis sympathies en- listed by what be deemed was about to be the perpetra- tion of an injustice, He gave his services gratuitous! and, in company with ex-Judge Curtis, went yester- day moruing before Governor Tilden and asked for a re- spite of the execution on the grounds pabaenncnely. laid | before Judge Donohue, The Governor said Mr. Howe | bad been before him and made a similar application; that he had refused to entertain it, and bad notilied the Sherif! he would not interfere further, Discouraged, but not disheartened, these two gentle- men hastened ‘to the Supreme Court’ and applied for a | stay on these grounds, in which Mr. Beach assured the Judge, he, as counsel, bad bell | . First—That the plea as to the Grand Jury is tenable; | that the Grand Jury who indicted Dolan were illegally | drawn by an improper oilicer (which raises the ques | tion as to whether Colonel Dunlap or Douglas Taylor | 8 Commissioner of Jurors), and that the legal pre- | sumption trom such a fact would be that wrong and in- | jury were done the prisoner. On this pomt the Freary ‘case was cited, when the Court held that any irregu- larity in the panei drawn by the proper authority was not @ ground for reversal when it appeared that no in- jury was done the prisoner. It was urged that if the | Grand Jury was illegal it might as well be beld that any assembly without any legal existence could indict, ‘Second—That theré was an error in the charge, Judge Barrett having said that if the prisoner committed mur- | der while engaged in a felony—for instance, burglary in | the third degree—then, under the statute, it was mur- | der im the first degree, and counsel Claimed that, con- ceding Dolan to be the man who struck down Mr. No | re offence amounted to only murder in the second | egree, mmodiately after the Judge’s decision to | of proceedings Judge Curtis wrote to Dolan Judge Donobue bas granted stay in your case. Fall on | your knees, thank God for His mercy aud bless the name of liam A. Beach—for to him and to bim aloe are you in- debted for your preservation and establishing your innocence, | The interested himself in your bebulf efforts with success. ign a stay | GEORGE M. CURTIS. While this was going on, the counsel of Dolan on his trial, Mr. William F, Howe, who had failed with the | | Governor, rushed down to Judge Barrett and en- treated him to grant « stay of proceedings, submitting an ailidavit in justification. TMS APPIDAVIT > | recited that at the ttme of Dolan’s trial counsel re- quested the Judge to charge the jury that Dolan could | mot be convicted of murder in the drst degree for the rea- | Son that the evidence did not present any proof of the | | fact that the act of killing was perpetrated with a | premeditated and deliberate design to effect the death | Of the deceased, and, according w chapter 644 of the | Laws of 1873, no nigher verdict than that of murder in | the second degree would have been justifiable. It is | contended that, even conceding the evidence to be suf- | ficient to convict Dolan, the necessary ingredient of | murder in the first degree—namely, premeditation and | denberation—was lacking. j DENIAL OF THE APPLICATION. | Judge Barrett listened calmly to the application and | then replied :— | A second application is now made to me for a writ of error, | with a stay of proceedings, upon an affidavit of Mi. Howe, | stuting “that the stenographer's notes show .that an excop- | tion was duly taken to that part of the charge which in- | structed the jury that if they touud that the prisoner, while | engaged in the commission of a felony, killed the deceased | without « design to effect death they could convict him of roarder in the first degree.” This question caunot be | by an aii . but by a bill of exceptions duly settled and | Signed and sealed, But the affidavit is—I bave no donbt un- | intentionally—inaccurate. The stenographer’s notes do not show" that any such exception was taken to the charge, | nor was any such exception, in fact, taken. On the eo trary, my impression is that the ‘rule of Iaw thus laid down was assumed to be correct. It certainly ts, within to jain terms of the statute, which was re the and about which I did not understand that there 4 question on the part of the defence. The only | request looking in the least in that direction was that, | as matter of law upon the evidence, the jury should Bot conviet the prisoner upon the first count of the indict. ment of murder in the first degree. ‘This, of courne, was not | intended to and did uot raise the question. It was a mere formai request substantially to direct an istal, and it wns repeated as to the second, third and fourth couuts of the iudictment. This was followed by the oleventh request, | which was charged, vis. :-—"If the jury have apy reasonable doubt whether the'crime be murder in the first decree or murder in tho second degree they should find for the lesser offence.” Also by the fourteenth, which was also charged, via. :—“That before the jury can cunviet the prisoner of murder either in the first or ‘second degree th: ble doubt that the prisoner isted te arsault upon deceased or was p alt.” must find t himself sont aiding } coimm| that The nothing in the point su; ‘The charge was in the very words of thesstututs. But the point was not properly raised upon the trial, and is not now. For these Feasons the stay of proceedings now asked for must be denied. Proceedings on behatf of Dolan were going on simul- taneously betore different authorities. While Beach | and Curtis were pleading lore the Governor, Howe | was urging bis affidavit on the attention of Judge Ba rett, aud while the latter was in the course of deliver- ing bis decision Beach was again in another place ap- ing to Judge Donohue, Howe, having failed with udge Barrett, hastened down t find that Beach had | succeeded with Judge Donohue. It was half-past three | o'clock when the latter signed the stay, which will take the case from the Court of Oyer and Termiuer to the General Term of the Suprome Court, where the points imvolved wiil be argued before three of the justices, and, in the meantime and until the decision of that | | Court, Dotan will be transferred from the condemued | cell to the one he formerly occupied on the second tier, | tame Is to operate as a stay of proceedings upon the judg. ment upon which such writ ts brought. Dated Deo. 16. Dee. i CHARLES DONOMUE, Justice Supreme Court, Filed Deo, 16, 1875.—Joun Sranks, COUNSEL AT THE TOMES, When Dolan’s counsel reached the Tombs he asked at the desk in the inside of the prison what deputies had cuvtody of Dolan. He was informed that they were @eputies Carraher and Seid He then produced the documents and asked, ‘Are you the Deputy Sheriff 4 ing custody of John Dolan?” ag rept “1 am.” Counsel (banding over papers), ‘sifere’s a statutory stay of proceedings issued by the Clerk of the, Court of General Sessions aud Oyer and Terminer, staying the execution of Jobn Doli up the judgment of the Supreme Court i be had upon a writ of error this day duly allowed and filed with the Clerk of the said Oyer and Terminer,”” Car. raher and Shields then took the document and burried of with itto Sheriff Conner to deliver it to bim per- gonaily. Dolan was standing at this time in the middle of the. hall, near the deputy sheriffs, and was so overcome with Joy as to be incapable of utterance, Not even when the contents of the following was communicated to him did he seem to waver:— NO HOPE FOR DOLAN. '¥, Dec. 16, 1875, ernor, to whom Mr. Stebbins, Private Secretary of the ( was referred the application, informs there is 00 good reason for a further ré department has been aware that e is such ® person as “Diamond Jim,” but no good evidence has been adduced which identifies him In any way with the murder ot Mr. Noo. In regard to “Diamond Jim,” mentioned in the fore- going despatch, the following telegram was received by Mr. Howe, dated Sing Sing, December 16, and signed by John Gibney, attorney at law:— “James Harvey was well known here by the name of Diamond Jim.’ His wite lives here and has a photo- graph of her husband. Show this to Laird: A carte de visite likeness of “Diamond Jim” was given to Dolan and he took frequent occasion to show it to the people arouna him, DISTRICT ATTORNEY PHELPS’ VIEWS. It having been rumored that new evidence had been discovered and placed in the hands of District Attorney Phelps in the form of en affidavit to the effect that a certain individual, supposed to be the keeper of a saloon on the Bowery, had been offered by Dolan a gold watch on the night of the murder of Mr. Noe, a. Heraun re- porter yesterday visited Mr. Phelps at his residence tu Forty-seventh street in order, if possible, to secure acopy of the affidavit referred to. The Distriet Attor- ney, in answer to questions propounded to him, ad- mitted that such a document had been made, but said he did not feel at liberty to give any copy of tt for pub- lication. In fact, he thought he should require to ase it in the course of the proceedings yet to be bad in the case, and felt that it would not be proper, at the present time, to make the text of the afl- davit known, He, however, admitted that the substance of it was to the same purport ag the rumor above , mentioned, If proved to be true this new evidence will establish beyond the shadow of a doubt Dolan’s guilt; for it will be remem- bered that on the trial Dolan swore be obtained the watch from some man on the Monday morning to sell, while this new witness swears he was offered a watch by the prisoner on Sunday (the evening of the mur- der). Mr. Phelps said that he was astonished to bear that agtay of proceedings had been granted by Judge Donohue, and that he could not understand on what grounds he had taken this action, Further, the Dis- trict. Attorney’s office had not been noti- fied of any such ‘course Ddeing im contem- plation, He thought this was a very unusual proceeding, and the District Attorney ought in cour- tesy to have been notified either by the Court or the counsel for the prisoner, He could not, he said, seo any reason for this delay being granted, tor he felt per- fectly satisfied of the guilt of the condemned. The caso would now bave to go before the General Term of the Supreme Court, and it would probably be several mouths before any decision will be arrived at, IN THE TOMBS LAST NIGHT. The aspect of Murderers’ Row last evening was vastly different from what it was at midday. “At the latter hour !t resembled a fair on a small scale, It only wanted the accessories of stalls and vendibles to make the illusion complete, Well dressed men were coming and going, chatting and smoking, surmising, conjectur- ing, hoping and fearing. Amid the motley group coutd be singled out a couple of the men then doomed, Dolan and Weston. They seemed as unconcerned as any of the visitors, Indeed, the whole aspect of the place gave one the idea of the preliminaries of a politi- cal caucas, On the upper tiers the numerous prisoners were tramping round, taking their exercise, All was bustle and life. After dark all this was changed, The denizens of the higher regions of the prison had all betaken themselves to their cells, and the only life evident was in Murder- ers’ Row, where the deputy sheriffs were hobnobbing with each other in subdued tones, and the wary officers of this sombre elysium were keeping watch and ward over the three negroes who this morning will march tn company to the scaffold. Upon entering Murderer’s Row last evening one’s first thonght was naturally of Dolan; but, asthe Sis- ters of Charity were engaged in prayer with him, he could not be disturbed. Ellis was, however, leaning Vistlessly against the wall, near the entrance gate. Upon being accosted, he talked freely of his position, Jaid the chief blame on Weston and said that he hope he was prepared. When asked what he thought of the stay of proceedings in Dolan’s case, he replied that be- cause he had to go himself he did not desire that any one else should go with him; thathe knew his was ended, and that was sufficient for him. There was not 4 shadow of fear or trepidation In him as he said this. Warden Finley here penuy touched the reporter on the arm, and informed him that John Dolan was ready tosee him. Dolan was peering through the grating of his cell aoor. He put two fingers out to touch the out- stretched hand of the reporter, and said with subdued emotion:—‘‘Ob, sir, I am thankful to God for this, and next to him to my counsel, Mr. Beach, I feel perfectly happy.” Now that the noose is taken from off the prisoner’s neck he was securely locked up in his cell, while the men who are to be hanged this morning have the free range of one-half of Murderers’ Row. From the gloomy corrider the interior of Dolan's cell looked quite bright and lively, Several candles were lighted, crucifix and Madonna were visible, and on atable a | basket of superb grapes, Not wishing to trouble Dolan after the exhausting | emotions of the day, the Hratp reporter wished him | good night. He then walked to the end of the row and saw Weston, with hie wife and sister and Elis’ forming akind of Salvator Rosa group tn the gloom. Weston remembered the visitor and arose and shook him by the hand. Ellis was sitting. smoking a ci, with an air of the greatest nonchalance, ‘eston’s sister made a remark of a very pointed character. “You had good warning,” she said to him, “for your mother took you to see two men hanged at Toronto when you were only seven years old.” Weston looked down, but made no reply. Ab, the difference between then and now! Meanwhile preparations were going forward for the | last prayer meeting to be held with the condemned, The Tombs “harmonium” (strange antithesis) was placed about the middie of the row, and pverything made ready for the last service, While waiting in the condemned cell the attention of the reporter was attracted to certain cavernous sounds proceeding from the soil pipes which have sprung in each cell, He was surprised, In a place where disci- pline is supposed to be Bo rigid, to find voices other than those of the keepers proceeding along the pipes running between those unsavory orifices, “Sixteen” was shouted, “Well, wwelve??? “Are you going to States Prison ?”” “No.” “Are you?” “Yes? “For how long?” “Five years.” It would be possible to give a full quarter of an bour's such conversation, distinctly audible m the con- | demned cell, What was at first personal and tna measure entertaining at last degenerated into vilest ribaldry, This burned out ike @ fire, and all was again eilenk 4 THE RELIGIOUS SERVICRS, Those who came to attend the services for the con- dernned negro Ellis passed the cell in which the re- rier was seated in Indian file. He followed them hey took up their position at the extreme end of the row, the object of their solicitude, Ellis, taking his place next to the HeRavo man. those taking part in the services the most anconcerned jooking individual was Ellis himself. He joined in the hvmus, now sing- ing the air, now the bass part. A chapter from the Old Testament'and the third chapter of St. John wore read to comfort the condemned man, who looked as though he needed no such commodity,, A short rermon was Preached by the officiating minister (colored), T. A., Davis, apon sin and ite penalty, as wellas upon the TY THBSR ANxIOUe HOURS that the lawyers were tlying around in absolute despair | for @ time succeeding in their mission, Dolan was | under the tmpresston that Mr. oh bad gone to | | albany, and that a despatch was expected from him at | four o'clock P. M. Mark Finlay, the Warden, coniideu- | tially whispered in the reporter's ears :— | ‘“Phey don’t care to break the news to him too soon, ‘They pretend to him Beach has gone w Albany to see the Governor; but that’s all made up.”” When Howe got the papers all properly fixed he has. tened with them tothe Tombs, The following were the documents: — Wilt OF ERROR AND STAY OF PROCREDINGS. The people of the city and county of New York.-To onr Court of Oyet and Terminer in and for the city and county of New York, greeting :— Bocause, in the record and proceedings and also in the giving of jadgiment upon » cortain iudicsment which was in gur Clty Court before you against John Dolan and for mu dor, it is said manifest error has tutervened to damage of the said John DO0Tan, as he complain being willing that the if auy, should be correeted and tell justice done to the party aforesaid in this above, do command you that, if judgment be thereupon given, thea without delay you distiuctly and openly vend ander your al the record and procecdings with all things touching or anywise conee! 8 1@ Justice of our greme Cours ork, on York, that the record and proceedings aforesaid being in- spociad we may cause to be done, therefure, for correasing ‘ue error, what of right onght to ‘And we do fur- ther direct that this writ is to operate aa # stay erga 106, | the Jadement upon which such wris ts Drooght. Itnese—Lion, Noah Davia, presiding Jastice of Supreme Cours for the First Judicial Department of the new County (ourt House, at the city of New York, ahis c6th day.of December, 1875, WILLIAM WALSH, Clerk. | Wittiaw F. Hows, of Counsel for Dolan, Upon receipt of this document Clerk Sparks immo- diately despatched to Sherif! Comner the following ORDER TO STAY THR RXKCUTION. parks, Vlerk of, in and for the city and county of | the above to wit Qo Within writ of wrrar md F Ae airnct that the I, Jobn 8 ewy k, do hereby eertity that a writ of error i Andorne J a wh mercy of God. This done, a really eloquent prayer was offered for the condemned man, other hymns and ex- hortations followed and the meoting, having taken fare well of the culprit, finally dispersed. While these ex. ercises were going forward Fathers Duranquet and Barry were ministering privately to the epiritual wants of Weston and Thompeon. LOSS OF APPETITE. The last sounds of hymn and exhortation died away, the deputation of colored brethren took their de- parture and the unfortunate youth Elirs was left to | muse upon the dread morrow. Externally he was as intrepid a# ever, but bis appetite bad forsaken bim. He could not even face a cup of tea and a piece of toast. Total loss of appetite in a well knit, healthy negro is a bad eign. How will he fase the cross-beam and rope? Warden Finley, in talking to the reporter on this point, said t was his experience that they generally stood it very well until the rope was put about their necks and the cap over their heads, Then they usually gave way, There was something horrible in the stillness which rvaded the prison. The air seemed heavy with death, he fingers of the clock as they moved éilently round seemed impelied by an inexorable but patient fate. Three mea whose few last sands of life were ranning out, aud five more on the first tier whose blood must cardle at the valedictory hynm jung for and with the condemned nogroes! There is something positively sickening in the thought. And yet that same clock will silently move round, hour by hour and day by day, until the same or a@ similar eceno takes piace in the case of some of the murderers up stairs. Seen as it was in that dismal edifice last night, bipod guiltiness is, of # truth, an awful thing, But human [fe is « curious thing! T) three men will drop out of existence to-day, They be like pebbles thrown into a mighty river, The wat will close over them. Murderer and murdered will so be forgotten in the ever-swelling tide of new sensations, Don’t call this morahzing. The Tombs is suggestive place on the night before the exceution of three men. ‘om the Under Sheriff at ten o'clock the On a signal membere of the prese end visitors retired, emerging into an atm ere quite in keeping with tho soul | daunpening scenes which thay bad lett bebind "here at eight o'clock this morning. One bundred | Trustees at their last meeting. A MURDERER HANGED. | EXECUTION Ay DAVID ROBBINS, A PARMER, FOR TAB MURDER OF HIS WIFE—DETAILS oF THE*cniug. Cuarm, Digby connty, N. 8, Deo. 16, 1875. David Robbins, the Bear River murderer, was hanged spectators, who bad beem admitted within the en- cloeure, and 600 or 600 who remained outside, acted in an orderly manner, The prisoner passed the night in mourning and prayers. He seemed penitent but hopeless of forgiveness. Several clergy+ men remained with him to the last, In answer to an inquiry from the Sheriff he stated that he had nothing to say. He died without a struggle. THE CRIME, Robbins was a well to do farmer, fifty-six years of ago, while bis wifo Emeline Chute by name, was a few years his junior. She had borne him seven sons, the eldest of whom was about twenty-seven years of age They lived at Bear River, one of the most flourishing settlements im ‘this vicinity, and for some reason which has never been satisfactorily explained, of late years an ill feeling arose between husband and wife which finally ended in separation, They became reconciled and resumed conjugal relations; but the old misunderstandings re- curred and Robbins proposed another separa. tion, She declined to cede to the prop sition, however, which intensified the bit terness between them. Last July Robbins was observed by the neighbors to be tretful and peevish and was often heard to express a determination to sell out and leave the settlement, About this time he b con. verting ito cash all the farm produce for which he could tind a purchaser and to lay ina stock of pro- visions which he never brought home The climax came on the 19th of August. At three o’clock on the morning of that day bis (wo sons—Brainerd, aged thirteen, and Edwin, aged eleven, were awakened from their sléep by a terrible explosion in the room below, followed by @ rapid series of heavy blows and the scream of an anguished woman. Brainerd was the first to reach his parents’ room whence the horrible sounds came, and the sight which met his view there was that of his father standing over the prostrate, half naked, burning and bloody body of his wife, whose bead he was mashing in with a ponderous car- penter’s mallet. The terrified boy rushed to his uncle’s house close by and got his elder brother, but when they returned the murderer had fied. The wife lay in alake of blood upon the floor, while a lacerated wound in ber breast showed where the shotgun, dis- charged in close proximity to her person, had done {ts deadly work, Hastily srtinewehing. the smouldering fire, which had already consumed half of her night- dress and a portion of the bedclothes, the brothers examined the skull of their poor mother, which they ‘found in parts mashed to a jelly, the bones moving at the lightest touch. ‘The poor’ woman breathed for about twenty minutes, but never spoke, In answer to the alarm, which was immediately given, 100 armed men commenced the chase, but Robbins had prepared for this, and for days their efforts proved unavailing At’ one time, on Apgust 26, the | eldest son came upon his father and covered him with his rifle, but his fihal feelings forbade him to shoot and the murderer escaped. The following day Robbins? hiding place, a cave well stocked with provisions, was discovered through the treachery of a negro ac- complice named Irvine, who knew bis whereabouts, and Robbins was captured and given up to the author- ities For a time it looked as though the pop- ulace would save the law further trouble in the case; in fact, after bis examination the prisoner was conducted to jail with a rope round his neck, but wise counsels prevailed, and he was surrendered to the proper authorities, “ Rob- bing admitted his guilt and was fully committed for trial, and the negro Irvine was committed as acces- sory after the fact. They wero both tried at the usual izes and found guilty, the principal witnesses against the murderer being his own sons. Robbi ‘was sentenced to be hanged, and Irvine to one year’s imprisonment THE MURDERER'S STATEMENT, In a statement made by the prisoner before his convic- tion he said that the cause of the trouble between him- self and his wife was her scolding and the neighbors’ persecutions which goaded him on to desperation... He addea that his object in using the mallet upon his wite after be bad inflicted a fatal wound with the shotgun was ut her out of pain. “I could not bear to see hor suffer,” he said, ‘und so I struck ber on the head witha mallet,” Robbins looked like anything buta murderer. He was a man about five feet ten inches in height, with mild hazel eyes and a face giving no sign of the terrible determination which he must have had to carry him through the planning and performance of so hellish a deed. Since bis conviction the prisoner had Improved both {n personal appearance and physical condition, the terrible doom which awaited him havin, no effect upon either bis appetite or spirits. Concern- ‘ng spiritual matters he has been indifferent to tho last, though at no time showing anything but respect to the reverend gentlemen who made him frequent visits, A MURDERER SHOT. . A DESPERATE NEGRO BROUGHT TO THE GROUND WHILE ATTEMPTING TO ESCAPE. Fayrrrevinie, N. C., Dec, 16, 1875, On last Sunday morning, while the church bells were chiming, the attention of the people in the streets was attracted to acouple of thieves, who bad been cap- tured in an adjoining county and were being carried to Columbus county, where they had stolen some horses, Just after church the report of pistol shots was heard | up the main street, near the centre of the town. Quite a large crowd gathered upon the street, On inquiry it was found that a negro had been shot. On investiga- tion by a special detective from Raleigh itq@as learned that about three years ago this man bad Most inbu- manly killed ‘® colored Jad in Frank- | lin “county, by beating his brains out with a rock, for no other provocation than the fact that the boy was privy to sume of his stealings and was likely to inform the authoritics of the fact. ‘The murderer escaped, and has since that time been in this place under an’ assumed name, hav- ing been indicted in Franklin county. The Governor commissioned Mr. Clifton, special deputy, to work up the case, He arrived here Saturday Right, and by noon to-day bad managed, through Deputy Bheri McMillan and City Marshal Powers, to arrest the mur- derer, and as he was brought along the street near the principal hotel he saw Mr, Clifton, when he immedi- ately broke and.ran. The third shot from one of the officers felled him to the earth. On examination it was ascertained that the ball had taken effect in the thigh and made only a flesh wound, A doctor was called to see him and had him moved to the jail, where the ball was very readily removed. is sald to be a desperate negro, and Mr, Clifton says there will be no trouble to establish his guilt of the killing of the boy. On Friday, unless tie Governor sball interfere, a man | by the name of McDonald, a very desperate negro, will | be hanged for the crime of burglary, RECORD OF CRIME. Clothing worth $75 was stolen from No. 236 East Twenty-fifth street last Wednesday. Mre, Gallagher, of No. 67 Stanton strect, bad $72 worth of clothing, &c., stolen from her house on the 16th inet. i Frederick Grope, of No, 288 Bowery, had a $40 ove! coat stolen day before yesterday. A sneak thief relieved Mrs. Isabella O’Brien, of No. | 208 West Thirty-fifth street, of a $28 dress last Wednes- day. - Peter Stall hag eighteen live geese in his stable, No. 313 West Fortieth street. He found the padlock wrenched off the door and the birds gone. ‘The rooms occupied by Peter McFull, at No. 205 West Forty-first stree e broken open a few nights ago and $78 worth of Jewelry and clothing was stolen. Early Wednesday morning an attempt was made to enter the tailor shop of James Pringle, at No, 62 Uni- versity place, by breaking a large window. Officer Hardy heard the glass breaking avd ran in the direction of the sound, and with several other officers chased the nimbie thief, who escaped, Officer Cottrell, of the Twenty-sceond precinct, re- ported last Wednesday morning shat the residence of | njamin Bernhard had been robbed during the night previous. The thief entered by climbing through a window in tho second story and escaped by the front door, Mr, Bernhard missed one lady’s gold watch and chain, $150; two gold pins, $50; one pair of gold ear- rings, $20; one velvet sacque, $60; one crape shawl, og two duzen andergarments, $40—in all valued a John Barreshema, an extensive dealer {n cordwood along the line of the Long Island Southern Railroad, was on Tuceday last committed to awart the action of the Grand Jury, in default of $1,000 bail, on a charge of ptealing $40 worth of cordwood from the woods of John fe Mow. The store of Mr. A. R. Havens, ‘on Shelter Island, was broken into on Wednesday night, and about $100 worth of boots and shoes were stolen. The thieves bad | & horse and wagon. Ono or two other places in the | saine vacinity wore also broken into on the same night, | but the plunder secured was inconsiderable. Two rowdies, named James Stewart and Andrew Bradon, forced their way mto the Philadelphia Hotel, Jersey City, where @ ball was in progress, on Wednes- day night, and, while in the act of beating’ two Ger- mans, were interrupted by Officer Boyd, Justice Kees committed them for trial, The residence of Mr. T. L. Jones, No. 203 Mercer streot, Jersey City, was entered on Weduesday night by burglars, who carried off clothing, silverware and otber articles, A sneak thief, giving his name ae Isaac Rose, and his address No. 186 Clinton street, New York, was arrested and locked up yesterday in Jersey City, He wae trav. | verse of fortune communicated to her elling io the guise of @ pedier, and stolen goods were faund in bis possession, TRAMPS ON STATEN ISLAND. The subject of tramps was before the New Brighton It being the general opinion that something should be done to abate the nuisance, &B Ordinance was directed to be prepared to | cover the matter, which will be considered at the nex meeting * tepbary. THE CORN FIELD TRAGEDY. THE LINKS OF CIRCUMSTANTIAL EVIDENCE CLOSING ABOUT RUBENSTEIN, The excitement attendant upon the murder of the | Polish Jewess, Sara Alexander, still continues in East | New York, Brooklyn and this city, Yesterday P. Na | than Rubenstein, the suspected murderer of his cousin, ‘was brought from the Washington street station house to the Coroners’ Office, He was very much depressed, and bis features bore the impress of great mental suffel ing. He is, indeed, a very sickly-looking man, and one of the last selections that a young woman would be sup- posed to make when in search of an affinity, His com- plexion is corpse like; bis eyes are dark, small and piere- ing; he has high check bones, a large mouth, promi- nent chin, snowy white teeth, and has « shaggy black mustache and whisker, the latter extending all round his face, His clothing is coarse and ill-fitting. He professes to be avery devout Jow, and will not eat butter, meat or leaven bread. To prayer he devotes much of bistime. Coroner Simms, before whom be was brought, committed him to the Raymond Street Jail, where he will be held until that magistrate shall have determined as to his probable guilt or inno cence, His friends—and their name would appear to be Legion—are most active in their defence of the prisoner, Indeed, it was said in the hearing of Detective Zundt, while in quest of information tn the case, “It is bad to commit murder; but it is much worse to tell who did it.” The chief evidence against P. Nathan Rubenstein is that which is given by Ed- ward Buckholtz, who says be saw him on the Grand street ferryboat in company with the deceased on Sun- day evening, about five o’dlock. He noticed that the accused and the deceased, who had no bonnet on, walked through the carriage way instead of passing through the cabins, although there was ample room in the latter. The couple did not speak to each other, The woman followed Rubenstein as they walked through the boat When Buckholtz got on the front plattorm of the Broadway and East New York car be looked into that vehicle and saw the same couple, They sat apart in the car and did not speak with each other. Augustus Taylor also identified the prisoner and the body of the Woman ag having seen them on last Sunday. Ruben- | stien’s boots were yesterday fitted in the tracks found iu the corn field of the Schenck farm, where the mur. | der Was committea, and they were tound to correspond exactly with the impressions, With refereuce to the | blood stains foand ou the shirt and chest protector of | P, Nathan Rubenstein tho latter says that they are | nothing bat medicine staina. The garments have been, however, given to Dr. Kissam, whois now making an | examination, in order to determine chemically tho na- | ture of the stains. The point to be solved which is of | most interest to the authorities is as to the knife Where did the murderer get it? When and how did it come into his possession ¥ These problems are agitating the detective mind and inciting them to greater energy, and not without some hope of success, Superintendent Campbell is satisfed that the detectives are narrowing down the proofs to @ very sharp point, all of which fasten the guilt upon Rubenstein, There are many contradictory stories current as to the time when the prisoner left his home and returned to No, 83 Bayard street on Sunday night, He can tell where he was between five and nine’o’clock on that night. His relatives now assert that he was at the Synagogue and when he returned he went to bed, To the Superintendent he stated that he got up at six o’clock on Sunday and went to the Synagoguo, He re- turned to his home at eight o’clock and went down then to Maiden lane to see @ man on business, but did not seehim, He would not tell who the man was or what he wanted to see him about. He then returned to his dinner, after which he called on William Jacobs, at No. 842 Thirty-second street, where he collected a commission on the sale of some watch | chains; got bome before dark and had tea, when ‘he was waited on at tea by Sara Alexander, who was there, After tea he went out to the Syaagogue, but be didn’t know what hour it was when he came home. He next went out three times to find a friend at No. 115 Division eet, but did not see him, On his return he claims that he went to bed; that was at nine o'clock, On Wednesday his father stated that his son did not get home till ten o'clock om Sunday might. Messra Kintzing and Mow have been engaged as counsel for the prisoner. The body of the Victim ts stillin the Morgue. The inquest will be held on noxt Monday afternoon before Coroner Simms. A Jury was empanelled yesterday. RUBENSTKIN’S BROTHER ARRESTED, Detectives Butts and Zundt brought to the Central Office last night Louis Rubenstein, a brother of the al- leged murderer. A crowd of about 500 persons fol- lowed them, in the supposition that the prisoner was the assassin “of the Hebrew girl Rubenstein re- | cently removed from a house im Chrystie street, and the detectives had — considerable difficulty in finding him. They watched the resi- dence of his father, No, 83 Bayard street, and their | Vigilance was rewarded last evening by the appearance of the object of their search in the doorway. As he the sidewalk, Detective Butts Rubenstein it isn’t,” and attempted to walk hastily away. Upon being informed that it was aseless for him to deny his identity be admitted that his name was Rubenstein. He was taken to Brooklyn and ques- tioned by Superintendent Campbell. His story to that official differs materially trom that of his mother and brother. He said that on Sunday afternoon he attended a party in company with hij Isaiah, Between nine and ten o’clock they returned home He said he then saw his brother, P. Nathan, in the store, He also contradicts the statement of the alleged murderer, who said that he left Surah Alexan- | der in the house when he went out on Sunday. Lewis Rubenstein says the girl went out of the house ip ad- | vancé of her cousin. DANGEROUS ILLNESS OF PISACH NS, RUBENSTEIN, P..N. Rubenstein, the supposed murderer, was taken enddenly il] last night tn his cell tn Raymond Street Jail It is supposed his illness was caused by a long | fast, as he had scarcely partaken of food since his a rest. Dr. Kissam will make a chemical analysis of the spots on Rubensteln’s clothing to-day, ATTEMPTED ASSASSINATION, | CONVICTION OF ROBERT GIBSON AT GOSHEN OF TRYING TO KILL ALFRED POST. NewsurG, Dec. 16, 1875, The trial of Robert Gibson, who was indicted for an attempt to kill Alfred Post, the President of one of the national banks of this city, by shooting at him on the street in August last, was concluded at Goshen, in the Court of Sessions, to-day. The jury, after three hours | of deliberation, found a verdict of ‘guilty of assault with firearms with intent to do bodily harm.” The sentence was deferred until to-morrow. Gibson assey- | erates the existence of improper intimacy between his wife and Post, but is believed to be suffering from monomania The shooting was a sequence to a threat- ening letter which the prisoner sent to Mr. Post. Mra. Gibson has twice been separated from her busband, alle; ing cruelty ag the cause. Before her marriage she was employed seamstress in Post’s family and was also pve work by them during her separation from her jusband. This ts the supposed cause of Gibson's jeal- ousy. The ridiculous nature of the prisoner’s charges against Mr. Post is shown by aletter which he ad- dressed to Mrs, Post, which was read in evidence at the trial, charging ber with complicity with ber husband in alienating his wife’s affections from him. Gibson was oretman of repairs in the Newburg Water Works. SYICIDE OF A YOUNG WOMAN. An inquest was held by Coroner Simms yesterday over the body of Ellen Hathaway, aged eighteen years, who shot herself at the residence of her mother, No. 66 Cranberry strect, Brooklyn. The police were not | notified of the suicide till yesterday morning, the family being so shocked at the occurrence that they did not consider their duty in the premises, It seems that deceased was despondent because of some re- y letter from her father, who ts in Europe, She bought some | poison, He Ee eal on Wednesday afternoon, evidently with suicidal intent, but her brother fonnd the powders and threw them into the fire. Deceased subsequently shot herself in the right temple with a pistol, in the pine, ofthe servant girl She was a member of ir. Schenck’s church, and of a very respectable family. She left a letter addressed to her father, tn which she requested him not to feel any more trouble on her ac- count, as she was where there was no trouble or care. She was sorry he could for one moment suppose that | she would in any way endanger his safety. This allu- sion was understood to have reference to the fact that he bad some business troubles which necessitated his prolonged absence abroad. The jury rendered a ver- dict in accordance with the facts. THE CUNNINGHAM STABBING CASE. Patrick Shanahan, who was arrested for stabbing Alice Cunningham, waa taken to Bayonne, N. J., and locked ap yesterday. The injured woman is ina dying condition, yet she positively refuses to make any charge ae it Shanaban. The case was brought to the notice of the Grand Jury In the afternoon. WORK FOR THE CORONERS. John Baer, of No, 418 East Seventeenth street, teil from the third floor of anew building corner of Frity- second street and Thirteenth avenue yesterday aid was ingtantly killed, George Anderson, & convict on Blackwell's Island died, cause unknown, at the Penitentiary yesterday. > Margaret Palmer died suddenly at No, 48 Thompson street, Elizabeth Cornwall, of No. 41 Wost Thirty-fifth street, aged thirty-four yeurs, fell into the excavation ma for laying gas pipes at the corner of Twenty-third street and Fifth avenue on Wednesday and (ractured four of her right ribs, from which she died yesterday aiter- ‘noon. SENTENCE OF UNITED STATES PRISONERS. Philip Lewinski, the counterteitor of five-cent nickel pieces, was sentenced to the Kings Coanty Penitentiary, by Judge Benedict yesterday, in the United States Court, for two years. Willian Combs, an (ilicit distiller, was sentenced to pay a fine of $100, and serve a term of thirteen months in the above institution. Ruben Gouls, ilies distiller, was sentenced to pay a fine of $100, amd to serve we months ip the Peni- | thus brought up to that of genuine milk, | ployed by the New York health auti | authorities, the employment of both, not of | necessary to reach a correct conclusion 4s to | required by law Is : | Guid carried by | Other conveyances | prosecutions in proper cases, but th |THE CITY MILK TRADE. Threatened Dearth of the Lactic Fluid Supply. | THE LAW ON ADULTERATION. Where the Milk Comes From and the People Who Deal in It. HINTS TO HEALTH BUREAUS: Judge Brady recently, in a case brought up for review B the Supreme Court, in which retail grocer had been. convieted in a lower tribunal of having sold mille adulterated by water, licld that the test by lactometers: used by the sanitary officers was not sufficient evidence ‘n law to sustain the judgment appealed from. It was. decided that a chemical analysis was necessary to chow the distinction bevween the impure and genuine fluid. The police authorities, however, have not lost faith in the reliability of their instruments, and continage to teat the milk offered for sale in different parts of the city, They are of opinion that chemical analysis will fully support the lactometers, but on that point some thing will be presently said, The Sanftary Bureau is also persuaded that on the next occasion that an offender 18 brough: to trial a conviction is certain to be obtained on testimony that will hold good In any coart, Every dealer is bound to allow parties authorized by law to freely and fully inspect the milk held, offered or intended for sale by them and to answer all reasonable and proper questions asked relative to Its condition, AN INADEQUATE SUPPLY, ‘The milk traffic has during the past few weoks be- come a very important matter, It bas been found thab the supply has been inadequate to meet the demand, and that at many establishments where large quantities were consumed the proprietors have been obliged to offer an advanced price. The wholosale dealers have also consulted together on the subject, and made whal are considered liberal offers to the dairymen to induce them to give more attention to this branch of thelr business, Milk, either ip {ts natural state or in the form of butter or chwese, is an article of diet so whole- some and so palataDle thatthe health and comfort of! the people depend to a great extent upon their having a pure and plentiful supply. As an article of food itis of great use and value, as well for the adult a8 for the child, for the healthy as wellas for the invalid. The Laplander receives his supply from the reindeer, the roving Tartar from lis mares, the Bedouin ot the desers, from his camela In many of the temperate regions of the earth pastoral trives mainly subsist on the milk of their sheep. In many rocky regtons the goat is inval- uable for this pury: and the buffalo in the distant West is equally so, We depend upon the cow, and tha ‘animal has of late failed to farnish what is required tor the city, GENUINE AND IMPURE MILK, ’ Passing to the question of the impurity of milk and tho enforcement of the law on the subject, it may be gaid that the article is easily adulterated by substitut- tng Various cheap inaterials for the natural ingredients, thereby serioasly affecting its Core , While the fraud can only be detected by the skilful examination of a chemist Pure cow’s inilk is made up as (Sas grr ‘The specific gravity of cow's milk ranges from 1.018 to 1.045, but the determination of this point isa very uncertain test or its purity, Cream being lighter than milk its removal leaves the fluid comparatively heavier, Water might be added to this, and the speciiic gravity Oo Is used for ascersaining the specific instrument em- orities, fixes the present But, according to good one, ia the fm- purity or purity of nuik. It would seem that the tes> actual chemical analysis, THE LACTOMETER was invented by Sir Joseph Banks, It ts a glass tube, balfan {nch in diamecer, ten inches In length and grad- vated in tenths of an inch. To make proper use of this instrument it should be Mled with milk and se’ aside for twelve hours jor the cream to rise. The pro- portion of this ts then seen on the upper stratum, the galactometsr gravity, and the luciometer, the only amount of cream thickness of which, it has to be borne in mind, is very | variable with difterent sorts of genuine milk. The lactoscope, a French invention, also determines the proportion of cream on the basis of the opacity of the the butter particles, This being knowm ‘and the specific gravity ascertained, the quality of the milk examined can be ascertained, Salt is used exten- sively tn adulterating the commodity in order to dis- guise tho presence o! water, But the proportion of, in- | gredients, though suilicient to expose the deception, cannot indicate poisonous qualities of the worst sors nor the evil effects tuat certainly follow the taking of them into the human system, From this standpoint the law to punish those who adalterate milk sould be rigidly enforced. But a new system of testing quality must be introduced if substantial and beneficial resulte are W be obtained. PRIGES OF THR COMMODITY. ‘The consumption of milk in the winter is about thirty per cent less than in the summer, It is brought to the city in all seasons by the various railroad lines in cans containing forty quarts, and 18 delivered to the dealers, both wholesale and retail, at the respective depots, It | ts stated on good authority that there is 20 produce that yields better profit to the farmer than the dairy. No crop reaches it In paying handsome results. The price paid during four months of the year is three cents o quart, during the summer foor cents, and in the months of December, January and February five cents. These rates are outside of freight, which is one cent and anhalfper quart. Milk is sold directly to consumers at eight cents a quart for six months of the year, and for ten cents in the other six months. Some dealers who have established a reputation for Keeping ‘8 particularly ood article chargo and receive during the entire year twelve centsaquart. But, on the other hand, so im- portant and necessary a commodity is milk,’ that to maintain a good standing and attract custom ' groers will and do sell at six cents, and thereby actually incur loss unless {t 1s adulterated with water. The police and health authorities are well aware of this fact, and it is to this class of dealers that they give particular attention. The decision of Judge Brady, owever, will make it necessary to apply a chemical anal, in each case hereaiter and not depend upon the lactometer test, Many dealers complain that they should be punished for selling milk that they take in good faith from the farmers and dispose of as they re- ceive it. If found mixed with water they think that tt is far from being just that they should be held respon- sible. WHERE MILK COMES PROM, ‘The farmers undertovk a short time since to take the whole milk business of New York into their own bands from the time it left the diary until it was delivered to the consumer, An organization was formed of grangers, and {t was contemplated that none but those engaged in the cultivation of the soil should be connected witb its operations. The price of shares was fixed at $50, and producers were obliged to take one share for each can of milk sent to market. The speculation turned out to be a costly failure. The ground was too thoroughly and too long coveted, ana the dealers in tho meantime formed an association called the Milkmen’s Protective Union, which was intended to guard their own inter- ests and secure reciprocal beneticial relations with the farmers, This union bas been successful, particularly so in preventing the adulteration of milk and ot roventing unscrupulous middle men and speculators from introducing an adulterous article, The latter classes are the bane of the trade, and it is stated that to them can be traced the work of watering and introduc- ing injurious mixtures into the ®ommodity which pro- duce the very worst results on the health of those who use it, The quantity of milk bronght to New York daily at this season is very nearly as follows :— Cans. Harlem Railroad, sevees 9600 Erie Railroad .. . Morris aud Essex Ratiroad ... Housatonic Railroad Midland Railroad .. Hudson River Railroad This would show y about 390,000 quarts datiy. city requires about 650,000 quarts, $40,000 is expended daily for milk. SUPPLY AND ADULTRRATION, In conversation with an extensive milk dealer yes- terday the writer was informed that since the farmer were requested to send more milk to this market the supply bas grown larger, and aa they obtain larger pro- fite 1m this branch of their business than tm any other there ig every reason to believe that no dearth will be experienced, Still it is probable that pric may a vance ono of two cents a quart. As to adulteration, the police will go on examining the fluid and institue hall only go in ww court for the present where an analysis bas lJ mace, It is evident that the lactometer, as now used, ig not a proper test to determine pure from iinpure milk. In the summer se The sum of NRW PIKLDS OF SUPPLY. The number of wagons engaged in delivering milk in comparatively smail quantities at the residenves of fam- flies for consumption 18 about 1,600, The business is neither very profitable nor attractive. Long and unusual hours, exposure to the weather at all seasons, and small and fluctuating profits in the gale of the article, fro the chief features of this branch of the trade. Buk it {6 said that for invalids and children the best and purest milk can, as 4 general thing, be obtained from men who delrvor it at dwellings, paying, of course, higher price shan the ordinary market rates, No cows re either housed or kept for dairy purposes within tl ty limits proper, but a considerable quantity. como: daily from Staten Island, Long Isjand, and even during winter months it ig conveyed from points 260 miles distant to supply the dearth that has recently occurred, Tho New York dealers seem willing to pay the aadi+ tional freight, as the cold weather prevents the article from changing or becoming sour, anil thereby prevent mg aaa would certainly happen during tlhe sumunea mani