The New York Herald Newspaper, February 6, 1876, Page 3

THE FRAUD CONSPIRATORS. General Baboock Confidential on His Approaching Trial. The Missouri Jurors Desig- nated as “Rebels.” THE “SYLPH" SIGNATURE “A JOKE.” pet SD OPP He Deplores the Martyrdom of Joyce and MacDonald. SE Tere Ag WHAT THE PRESIDENT WILL ‘ TESTIFY TO. of McKee's Penalty !mpracticable. The Proposed Compromise Sr, Lovis, Mo., Feb. 5, 1876, ‘The Babcock trial will not begin until Tuesday, owing bo the rest which Judge Porter, who will arrive here | to-morrow morning, and who has been indisposed of late, will require. Mr. Storrs told me this morning that outside of himself, Judge Porter, Judge Kram and ex-Alvorney General Wiliiains, there will positively be no other counsel for the defence in the Babcock case. He giso authorized me to state that General Grant xWeuld undoubtedly be called, and would probably ‘be here next week, although he did not know on what ‘neral Grant will be a very importaut witness Babcock’s the influence aileged of upon him by General Babcock in favor of the Ring. THR PRESIDENTS MAGNETISi. “We ao not want the President to stay here during the trial in order to wateh its progress, but shall simpiy | cut! hin in time to give his testimony, and after having | to paye been brought done so he will at once return to Washington. It was Thought at one time that we might use his deposition, but there's no magnetism in a deposition, and I never use 4 deposition when | can have the man*himsell,”’ He added that there had never been any intention .0n the part of the defence to call Secretary Bristow and Blutord Wilson, bat the other prominent witnesses woula be Supervisor Tutton, ex-Commissioner Doug- lass, Postmaster General Jewell, Mayor Barrett, of Washington, and First Auditor of the Treasury Mabon, Tutton’s testimony was clearly foreshadowed in big famous letter, in which he assumed the respon- sibilty for the revocation of the Douglass order, The Postmaster General will testify as to Babeock's charac- ter and so will Mayor Barrett, whose testimony will, in the opinion of the defence, have additional force from the fact of bis bemg a strong democrat, Barrett aud Mabon will also testify as to BARCOCK'S STRICT INTEGRITY as Gampmpissionss of Pubjic Buildings, in Washington, jp which capacity Mr, Storrs says Babcock bandied hundreds of thousands ‘of dollars, ‘The idea,’’ said Mr. Storrs, in a tone of indignation, “of sup- posing. that Babcock, while handling these thousands, should accept oa weekly — fee here which would be much more fit for a washer- woman to accept. Mahon will show that Babcock was tbe first Commissioner under whom there was no de- tielt, but who, on the contrary, had some money to pay over at the end of the year.” Mr. Storrs said that in- justice had been done to General Babeock by the exag- gerated accounts of his wealth, After paying off his mortgages Babcock was not worth over $30,000 to-day, ‘and when he had paid the expenses of this triai he would probably bave nothing iett, Veopie now talk about notbing but the Babcock trial, and the arrival of that gentleman in the eity this morn- ing created quite a sensation among the gossip mongers. The trial will undoubtedly surpass in inter- est any which has ever occurred in a court west of the Mississippi. Distinguished people are arriving from ‘various sections of the country to ber and see. INTERVIEW WITH GENERAL BABCOCK, Your correspondent accidentally met General Bab- cock in a haliway of the Lindell Hotel to-night, and, Deimg well acquainted with him, had no hesitation ia Opening a conversation on the impending trial. Mr. Babcock was in a talkative mood, antl, leading the way to a seat in an adjacent parlor, said substantially :— “I did not come here to be interviewed, but 1 will ay this much:—I am as innocent as a babe of the charges brought against me. If an earnest hard fight "ean secure nequittal I am going tw getit, 1 have “eaten jawyers retained, comprising the best legal talent jm the conntry, to each of whom I have paid heavy fees, The trial will impoverish me—in fact bas already practically done so—and it ig quive probable, before the rs of pecun' assistance made by my friends; but if can achieve a vindication | of my character, as 1 believe wil, am willing sto ‘relinquish everything I hav in the shape of property and money.’ My lawyers tell me there is no reasonable danger of conviction. cbief thing which I fear is the jury. ehame to convict Avery, and the verdict of guilty against McKee shows that the jury was overawed by public prejudice.’ THE SUSPICIOUS TELEGRAMS. “Do you know of any evidence against you beyond the despatchés which have been published?” “t1 know of nothing, and, as far as | am informed, the government is relying almost entirely on the tel rama The true nature and purport of these de- spatebes will be explained, I think, to the satisfaction of every reasonable and ‘candid person. During the past wine years I have written many let- ters to friends in St a but all” of a personal or social nature, and I can safely defy the attorneys for the prosecution to produce even a suspicious letter against me. Joyce was my special friend, and although he now wears a striped suit ‘think he has been harshly judged and is a mach better man than thousands of those now persecutin; The famo ‘Sylph”’ despatch, of which the bim. BRALD published a fac similo, was a purely social affair, in | > WAS USRD AS A JOKE, when I get on the stand, ‘YLPI which Iwill explain ‘General, they tell me that Con. M: Collector, who pleaded guilty the other aay, will be an Mn portant witness against you. Is it so that McGuire is am possession of any damaging facts against you?” “I never met McGuire but once in my life, and that wae wh the President. Mctuire came iip to us on the grounds und the President introduced me to bim. lunit of any transaction | ever had with him. McGuire was not then indicted, and, as lar as I know, fot suspected of complicity fn the Whiskey Ring. I never wrote him a letter in wy life or conversed on whiskey matters with him, and, therefore, evidence against me. “They tell me Mrs. MeKee has some documentary evidence which she will use against me to help her | husband out of his difticulues; but I do not beiieve Mrs. McKee ever saw any writing or letter concerning * me or my affairs, 1 Mad no intimate acquaintance with MeKee, and never wrote to hit in my life, REL INFLUENCE” OVER THE JOR: “Why bave you such mortal dread of these Missouri duries, Mr. Babcock?" “Well,” replied the President's pri retary, “tn the Grst place, I have been assured tbat ail the jories which have sat in the preceding cases are under revel influence and that they dare vot acquit a man who has been officially connected with the Grant ad- ministration. Furthermore, | am told that the District Attorney and Marshal, in summoning the jury, have selected deputy marshals who go ino the couniry and sabpceena men they have known for years and who they know will decide in favor of the government. By this means men bave been convicted before the jury were placed in the box. If they will give me a fair j nothing, and I intend to exhaust ail my legal fu securing a fair one. THR PRESIDENT'S TESTIMONY. alte the President bo on the stund during the rt “Phat depends,” replied Babcock. tr! “My lawyers will ‘wait and see whether such a step is necessary or not. ™ President assured me only three days ago that w ver wanted he would come to St, Louis in person testify in my behalf. In fact, so far as he is indi- jually concerned, he prefers to come himseif to send- ng his deposition. So far as the quarrel between she Presid i Mr. Bristow is concerned, 1 know nothing it is not my business to know. a 1 will say also that nobody is authorized to state what feelings exist between Mr. Bristow and myself. [ have made no complaint against Mr. Bristow, and if I ever bad any remark to make to or before him it will be after my case is thoroughly disposed of. Butif I do not * said Geweral Babcock, checking himself, “I will eay something | ought not to say. Iu fact [ have violated @ strict injunction of my attorneys in lalking at all; but I believe I ha’ ro Bot said anything | for the Hxnat.o ae. By the the Heat bas @ + st me bi been going for me of late; but I'suppo J can stand it, and I trust the editor willdo me justice if T come out all right.” * Here the interview ended, and the lopal secretary re- turned to the bosom ot his aristocratic retinue in the | Joxurious halls of the Lindell. 1, 4% EFFORT To COIN SYMPATHY. Babeock's talk avout the juries bere being under rebel) influence is all taik, and is intended for the gule | Ay! rg dobar ymipathy in the North. |The tact a tr the juries wnich have Joyce, McDonald, Avery and McKee were i a it oer.s about equally divided so far as their ¢ is controlling rietor. Babcock arrived with a great flo: nig with bis followers, is putti the Royal Prince travelling whiny “to District Attorney and the invincible Brodiead, how- spat are meee Facument nant the preparation of Jees than ten days they will couvies asker soa pat him where bie special friend, Joyce, now THR KEE COMPROMISE FALLEN TRROG: Wiliam McKee’s motion My mod Mr. Storrs said, ‘not only on the question of | Character, but'also.on the question | sae bas come, that 1 will have to accept some of the | The | It was adamned | ire, the ex-. 1 was here last year at the fair with | L was the | It is imposzi- | Die that he should be ‘in possession of any damaging © Indge Dillon, who bas peen considering the pi tion for such # compromise for the last three *, this morning at an early hour notified counsel for the government and the defence that it was not witbin the Province of the Court to sanction auch a settlement of the case. There is little hope for a new trial, and Mc- Kee’s friends fear that @ new trial wil! only make mat- ters worse for the good deacon. The government un- sy See, eer and every one of the revenue rov- thi vers hip igh. MOTION FOR 4 NEW TRIAL FOR M’REE. Sx. Lovin, Feb. 5, 1876, Thgecounsel for Mr. McKep fled a motion im the United” States Circait Court ‘to-day for a new trial, om the following groands:— Pirst—Because the Court admitted iNegal and incom- petent evidence offered by the prosecution, Second—Because the Court gave the jury erroneous instructions and erred in its charge to the jury. Third—Because the verdict 18 against the Inw. Prurth—Bechuse the verdict 1 against the law and the evidence WITNESSES YORK BABCOCK ON THEIR WAY TO ST. souls. Wasuinerox, Feb, 5, 1876. €. ©. Sniffen, avsistant private secretary to the | President, and Messrs. Loefier’ and Price, private watchmen, and Simmons, messenger at the Executive Mangion, have left bere for St, Louis, having been | Suminoned as witnesses by the government in the Babeock case. |\ “Major Luckey, the private seeretary to the President, | departed for Si, Louis on Thursday night, in company woth General Batcock and bis counsel, | | & CONVICTED CONSPIRATOR FOUND INSENSIBLE | IN HIS CELL. | Evansvinnr, Ind., Feb, 5, 1876 | Henry C. Jaqnege, one of the convicted whiskey con- | spirators, who was sentenced to the County Jail, was | | | | found insensible in his cell this morning, and is dying in that condition, He was addicted to ths use of liquor, and his system broke down under the nervous shock. THE GUY FAWKES CONSPIRATORS IN’ MILWAU- | KEE IN COURT—A CONGRESSIONAL INVESTI- GATION WANTED. | Minwavwer, Wis., Fob. 5, 1876, The Chicago dynamite prisoners, Alderman Jonas | and Philip Goldberg, were brought before Judge Dyer in the United States Circuit Court to-day, Mr. Mc- | Kinney, for the government, stated the case as already telegraphed to the Hxkann, and N. 8. Murphy applied McKinney objected to the amount as being ridiculously inadequate. Murphy®replied by theorizing that the offers alleged to have been made by the prisoners might, for all that was shown in the indictment, be mere idle jesting, and maintained that there was noth- ing before the Court to induce the belief that anything really serious was intended, McKinney replied, point- ing out that positive evidence of a plot had been given to the Grand Jury, on which the indictment was framed, which, if true, proved the prisoners to be the greategt rascals in the country’ Finally the Wuil was fixed at $0,900 each, which Jonas gave, Alderman PttéF Maher and E. RK. Wads- worth, of Chicago belbg sureties. Goldberg was un- able to nw ar gees bail up to the adjournment of the Court, an hall House, wit Chicago before imp. committee will be demanded to investigate the evi- dence brought before the Grand Jury as to the com- plicity of politicians in the whiskey frauds, permission to sgnd to his fr’ . "THER EXECUTIVE COMMITTRE OVERTHROWS THE COMMITTEE ON DISCIPLINE—SILENT OPPOSI- TION TO BOSS KELLY. The elements of discontent and rebellion among the new Tammany Hall General Committee have already begun to develop themselves. Itis now asserted, that a strong combination bas been mad the interests of the democratic party of the State and city and in opposition to the ‘‘one man | power’? of Mr. John Kelly to oust this gentleman from | the control of the Tainmany organization. The strength of the anti-Tammany party, it is declared, has opened the eyes of Governor Tilden, Senator Kernan, ex- | leaders to the absolute necessity for the reorganization | of the democracy in this city. Next fall we have an | election for President and Governor and also for other | important State and national offices. Should the Legis- | lature faifto give us aspring election, notwithstand- ing the express desire of the people, we will also have | to fill at the same time important municipal offices. If | the ranks of the democracy are divided its banner will | be trailed in the dust, With united forces a centennial | victory may be expected. + It 18 proposed, then, thata union of all discordant elements of the democratic party in this city should be brought about. Proposals in this direction have come | oe members of Tammany ape only obstac! to the union af are a a 8 understood to be oppost retite gayest ‘of contritivn for past mismanagement. Stiff-necked and obstinate, he cannot be brought to view the politi- cal situation with avy degree of common seuse. | A Hunatp representative hearing these mysterious | rumors whispered about devoted some considerable ume yesterday to get at the bottom facts. If a eombi- nation existed to oust Mr. Kelly it appeared strange | shat he should have veen again elected Chairman of the Executive Committee at a recent meeting of that or- ) ganization. It ig now claimed that preparations had been made to defeat the selection, but some of the plans miscarried. and the decapitation was postponed until a more favorable opportunity. | THAT COMMITTEE ON DISCIPLINE. | The main troubles during the last campaigns, as far as the interests of Tammany were concerned, was the | creation of a Committee of Discipline, presided over by Monsieur Fouquier Treville Boyd, of the Twelfth ward. | This gentleman, however, was ouly acting in the ca- | pacity of mouthpiece to Boss” Kelly. He summoned | before the august presence all in. any way unfriendly | tothe “Boss” Hedidas be was told and nothing | more, _[t was this committee that cross-examined Sen- tor John Morrissey, Senator Ledwith, Assemblyman Costigan and others, The fiat went forth from the Wig- | wam that their scalps were wanted, ani | with a war-whoop the big Indians of the Committee on Discipline “went for’’ those marked out for political , annihilation. A better scheme could not be devised to | disorganize the whole Tammany fabric. ‘‘Boss’’ Kelly | supposed he was stren; ing his party, but the con trary was the result. He weakened it very materially, and added another to the long list of political blunders | of which he had already been guilty. No wonder, then, that he has caused a rebellion to spring up in his camp. The first movement in this campaign has been to get rid of that clause in the by- laws which authorizes the creation of a Committee on Disciphne. The clause reads as follows:— The Committee on Discipline shall inquire into and be charged with the consideration of all matters relating to the organization aud eficiency of the vi Assembly district committer questions, matters or things whieh mi | ‘The very first act of the new Executive Committee | (Jate Committee on Organization) it came into ex- istence two Weeks since was to have this obnoxious | clause stricken from the bylaws. A movement is on foot to take away the supervising powers of this committee over troubles between the district commit- | tees, thus permitting the latter bodies to arrange their own affairs without interference of outside parties. | These two efforts are understood to be entirely antago- | fs | nistic to Mr, Kelly’s ideas, ‘ | LIGHT ON A SECRET MEETING. The meetings of the Tammany Executive Committee are entirely secret, in fact more mysterious than the gatherings of the Tammany Society. Considerable in- | Verost was felt in the it assemblage held for the | se of electing a permanent chairman for the year ’ pu | ist The HeRaip representative was informed | by one of the Executive Committee that a | combination had been formed to vote down the selection of Mr. John Kelly, that another trusted | member failed to do as he had promiged, if dotintte | action was consequently put off until @ future aay | Ex-Senator Gross was temporary chairman of | meeting. After the election of Mr. Kelly Mr. Die! | fendort offered a resolution requesting that the bylaws of last year be adopted as ules for this year. Ex-Senator Gross offered an amendment which pro- | Vided that the portion of the bylaws authorizing ap- | | | pointments of sianding committees should be stricke out. The speaker plainly asserted his object to be to do away with the obnoxious Committee on Discipline, He had not then been able to gather the general | sentiments ‘of the committee on so important a mat- | ter, He was authorized to say, bowever, by his district committee that it opposed’ the | existence of any such body as the Committee on Disci- | pline. Similar resolations had been passed by other delegations, He (Mr. Gross) did not regard any such committee as expedient or necessary. If occasion arose during the year to inquire into the fidelity of one or more members a special committee for that pur- pose might be more appropriately appointed. These sentiments were again and inapplauded by | ) the members of the Executive ‘Comunitece, and the amendment was unanimously carried. Mr. Kelly then appointed Messrs. Gross, Morton and Boyd a committee to report upon the b: %, and whole matter rests in thet cendition, ‘the Committee on Discipline is dead unless ex-Senator Gross’ resolution ts rescinded. | Thus the situation in Tammany sta: fow may wore fully develop anti-Kelly party. ions ANTI-TAMMANY AFFAIRS. | | The Committee on Contested Seats of the anti-Tam- many democracy held a meeting at Irving Hall yester- day afternoon to hear and decide on the troubles in the Fitth, Eighth, Ninth and Fifteenth Assembly districts. The committee were William Mitchell, Judge Spauld- at present. A tactics of the ing, Judge Koch, Israel Miner, R, S MG Murphy,” Willam Hall, Denis Barut, Jarmea Hayes, Josep! Mon! ¥ A. D Michael Healy,” Max Friedman, nf bamona Connolly, district wae taken up first, tor Nortop anneared im favor of the ticknt | den | Plains came to the entrance opposite the female | to have the bail of the prisoners fixed at $2,500 cach. | Was removed, under escort, to the New~ | 2 jendg ja is removal to the County Jai he | ion seems to gain ground that a Congressional | TROUBLES IN TAMMANY. headed by Patrick Collyer and David J. Page Gershon J. Cohen. It was referred tow com! sisting of Joseph Monbeimer, George Hayee ang Colonel M. U. Murphy. In the Eighth district the con- test. was between H. R. Roome and George P. Hayes, ¥. 0. Gessner spoke in favor of Roome, and J. H. O'Connor addressed the committee in Hayes’ interest. He said that Roome was in the interest of Tammany Hall, and several men onthe ticket with him were go th any General Committee, Referred to a com- mittee no prey of Messrs. Thomas J. Creamer. William Hall and William Mitchell, In the Ninth dis- tretthe fight was between Timothy Shea an® Alexan- der Davidson. It was decided in favor of the ticket headed Timothy Shea. The Fifteenth, which was dis- puted by John Hardy and William Powers, was re- ferred to Messrs, Mitchell, Spaulding and Burns as « comm ities tu decide. SENT BACK TO JAIL. | JUDGE DYKEMAN DENIES THE MOTION TO DIS- CHARGE E. 8. STOKES FROM SING SING-—THE CASE TO GO TO THE GENERAL TERM OF THE BUPREME COURT. Sino Sing, Feb, 5, 1876. | Athalf-past eight o'clock this morning Edward 8, Stokes, Warden Youngs, of the Sing Sing State Prison, anda gnard named Theodore Rodrian and a civilian Jeft the prison to go to White Plains to anewer the writ | of habeas corpus for the body of Edward & Stokes is- | sued by Judge Dykeman, of tho Supreme @ourt, sitting at White Plains, and which writ was served on the Warden on last Thursday by a son of Charles W. Brooke, one of the counsel for Stokes. Ihave not seen Stokes as cheerful or in as good spirits for over four years as he appeared this morning and during the day’s proceedings, The con- finement and incessant torment of bis case bave made | the man quite irritable and captious; but to-day even | the partial freedom that he was allowed to enjoy, to- gether with the fuet that he was permitted to dof the convict’s uniform and appear inthe garb of a gentle- | map, made him feel quite cheerful, and be seemed to | have lost his prison gloom and trouble. Stokes made a hearty breakfast, and when the sleigh engaged by War- Youngs to take the party to White | prison he stepped out, dressed in deep mourning, With a dark, almost black-blue overcoat, with, black | black felt hat, gloves, Ag the sleigh was driven outside of the prison | Doundaries Stokes looked all around him and said, with a sigh of relief, ‘It isa little cold to-day, bat it is a fine day,”’ and as the horses trotted along, the steam | flying from their nostrils, the dry, hard snow gcat- | tering around their hoofs, Stokes settled back in his: eat under the buffalo robes and blankéts, and ong ore he Jockes.a he ad Jo ked pefore the days of Erie and Fisk. “On the Jouriicy, 0 ite Plains being twelve miles from Sing Sing acroas country, Stokes conversed freely with those in the sley h gogcanvapecd the chances aud probabilities of what Judg’ Dykeiidn might see fitto do in his case, | The guard Kodrian drove the sleigh and attended to is business solely. Stokes gazed long and anxiously at a the Handsome residences a illas on the road me sleigh swept by them. Eygry rerson that the pq | met looked at tie iakaa ee aft Ptvener, and fitay saluia- knew Stokes’ features, and he received kigdly one OW, At last the town of White Plains came in Sight, and quite a number of peopie of both sexes wer@on the sidewalks eagerly looking for a glimpse of ‘Stokes as he rode up the main street to the Court House, ‘The Court House was crewded on the ground floor and m the galleries, alarge percentage being ladies, who remained standing during the prochedtngs, in order that they might see Stokes. There were no demonstra- tions of disapprobation shown toward Stokes in court. Av COURT. At eleven o'clock Judge Dykeman was on the bench and called the case. Stokes took a seat, with Ira Shafer, one of his counsel, on his right and bis brother Horace on his left District Attorney Phelps, of your city, ana Assistant District Attorney Russell, together with Acting District Attorney Neison H. Baker, of Westchester, appeared for the Coe po to oppose the motion for Stokes’ discharge, Charles W. Brooke al: appeared for Stokes. While waiting for the procee:- ings to commence I asked Horace Stokes if it was true that his brother Ed would go to Europe if he were dis- charged, or after he had fuliilled the termy of his sen- tence. He answered, “By no means, Ed and 1 will go into the oil business when he is tree, Ed made 200,000 formerly in the refinery and the | refinery belonged to mother. The refinery is now leased for $2,000 a month, and the lease expires before 1877. We will both run it together.” Judge Dykeman stated that he was ready to hear the argument in the Sing Sing Prison case in the matter of E.S. Stokes. Acting District Attorney Baker, who appeared for the people of Westchester county, in behalf of Judge Cochrane, stated that the Warden of Sing Sing Prison had ‘made proper return of the body of Edward S. Stokes on the writ of habeas corpus. Then Mr. Brooke, on behalf of Stokes, presented the traverse to the return of the writ He denied the legality of the conviction and of turther imprisonment. District Attorney Phelps then made a lengthy argument, gating that he bad been cailed upon by the people of Westchester county to oppose a mo- tion to discharge Stokes from custody. He reviewed the statutes bearing on the case, the commitment, the con- viction and the imprisonment, A RECESS. 5 ‘There was a recess of the Court at this point, and Stpkes and his counsel, the Warden and Horace Stokes went to dinner across the way, the dinner being held at the ordinary tables, where a number of ladies were resent. In speaking of the case, after the dinner our, Mr, Baker stated that he believed that Judge | Noah Davis would have given Stokes fifty years’ im- | prisonment if it had been in his power. farther @r When the Court reassembled there was ment by Messrs, Brooke, Shafer aud Phelps on the mo- tion, the proceedin; ting until four o'clock, Judge Dykeman declared that he was willing to give Stokes full opportunity to get in as evidence anything that he ow in mitigation, and finally closed his decision following words :— ‘THE DECISION. “IT decide that the term during which the petitioner may be detained bas not expired and I remand him to the State Prison at Sing Sing, from whence he was brought, to serve out the remainder of his term, and I | dismiss the writ of habeas corpus, "” When the Court adjourned the party drove back to Sing Sing, Stokes complaining on the way of being cold. He expressed dissatisfaction at the remarks of Mr. Sha- fer in regard to Judge Davis. The counsel in the case will appeal to the General Term of the Supreme Court, and should they fail bere they intend to go to the Court of Appeals. LANDIS ACQUITTED. ~ THE VERDICT GIVEN AT HALY-PAST TEN O'CLOCK LAST NIGHT—GREAT EXCITEMENT IN THE crry. Ppwertos, N. J., Feb. 5, 1876. The jury in the Landis case came into court this morning and asked to be discharged, on account of there being no possibility of an agreement. The fore- man informed Judge Reed that the jury had acquitted the prisoner on the first and second counts of the in- dictment, but were divided on the remaining one. The Judge sent them out again for further deliberation. Bripertoy—10;05 P. M. The court room is crowded with persons interested fm the verdict. The ringing of the Court House bell cansed a great outpouring of the citizens, who gathered to hear the verdict, Buivoxrox—10:30 P.M. i THE VERDICT ‘Not guilty, on the ground of insanity.”” Eagh juror certified to the finding, after which the jury were dis- charged. THE BELL TOWER MURDER. SECOND TRIAL OF PIPER—STRONG: Cee oe aed w AGaiNst HIM PRoDvcED. Boston, Mass., Feb. 5, 1876. Tne second triat of H. W. Piper, the sexton, accused of the murder of Mabel H. Young in the belfry of the Warren avenue church, was closed at noon to-day on the part of the prosecution, and the opening was made by the defence, The feature of the case thus far bas been an effort on U of the mation to estab- lish the fact that death cou! havo been the | result of an accident, as the defence sought to prove on atormer trial. The evidence of Mra. Drake, a now witness, was offered in corroboration of F. H. Glover, who testified to seeing Piper Jump from the belfry window. Mrs. Drake saw the man in the window as if about hg out. The opinion is that the prosecation have made a much strouger case than before. The detence rely mainly upon the claim that Piper was u: accounted for only Myer of about fv tes and therefore could not have EVIDENCE mi committed the crime, LINDSAY TO BE HUNG. | Syraccsi » Feb. 5, 1876, Governor Tilden has refused to interfere in the case of Owen Lindsay, the murderer of Francis A. Colvin. He will be bung in this city on Friday, Lith inst, POLAR EXPERIENCE IN THE BAY. Two pilotvoat yawls, each containing two men, were blocked in the !co off Tompkinsville, 8. I, yesterday afternoon for four hours. When the men were taken out of the boats they were in an exhausted conditio BOOKS RECEIVED. Chrissmas Stories. Byg Charles Dickens. New York: Hh & hy ite evita hi By Edward Jennios, New fork: | Pe ae Lite of Daniel O'Connell. Compiled, Boston: velvet collar, black studs in his shirt bosom and a | He wore mixed gray pants and had | | nons | and on the roads beyond. From early morning until | otherwise avail themselves y spoke for | THE LLOYD'S NECK CRIME. THOMPSON COMMITTED TO AWAIT THE ACTION OF THE GRAND JURY, Huwmixaton, L. 1., Feb. 5, 1876. The facts developed to-day in regard to the shooting affair at Lioyd’s Neck fully determined that it was & premeditated action on the part of the gardener, Thompson, The shot, however, was intended for his colaborer on the Yates estate, against whom, as men- tioned yesterday, Thompson had considerable ill feel-*} ing, In this instance, as ie often the case, innocent parties were made to sufler, Whether the result will be fatal to the man who was most injured has yet to be determ ned, but, even supposing be does not die, no room ig left to doubt thay Thompson intended and lay 1 wait to commit a deliberate murder. This is con- clusively shown by bis own admigion, The warrant for the arrest of Thompson on the complaint of Volz, the foreman of the farm, was granted by Justice Chipp, | of Oyster Bay, last night, and handed to Constable | Ludlow, who at once proceeded to the Yates mansion | and took Thompson into eustody, conveying him to Oyster Bay, -where be was, held until this afternoon, when the ¢xamination took place before the Justice. The complaint charged, “Assault with @ dangerous | weapon, with Intent to ki JOHN VOLL’S TESTIMONY. The first witness examined was John Volz, who, it wil be remembered, recognized Thompson immediately after the firing, and who was strack in the mouth by Thompson with the muzzle of bis gan for demanding why his en bad been shot at, His testimony in every particular corroborated the despatch published in to-day’s HwRaLp. ‘The witness admitted that there had existed for some time past considerable ill feeling between himself and Thompson through the latter having charged him with stealing poultry and other things from the farm; he had also tureatened witness to have him removed from Lis place within the next two weeks. CORROBORATIVE TESTIMONY. William Kennedy, who accompanied the Germans to the house of Volz, as also John Frazier, the colored | mun, were placed on the stand and gave corroborative | testimony. ‘Thompson waived examination and was committed by Justice Chipp to the County Jail to await the action of the Graud Jury. The prisoner in answer to ques- Nit to bitn by the Hukavb correspondent. stated vbat be bad seen the Germansand Kennedy early in the evening while he was in company With Mr. Yates, and that he had set his dog on them and driven them across the Jots, The men at this time were on | the high road. His dog, ne said, had been growling ail | night after this, until the Voltz party came by the house on their return from the latter's residence, By this he knew there Were some strangers around, and he determined to watch for them. He had received orders, he said, from Mr. N. J. Yates, the owner of the farm, to shoot any one he found around the premises at night, He did not challenge the party before firing, bul simply fired at them without warning. Further, thas hé ‘was sorry he had shot the Gomans an raslen, J r the shot was not intended for them, bat for | Vola His Tnid in Wi it peverat nights order 30 ge} a “whack” at Volz and fi notiaken off his clothes for | a weok in order not to lose an opportunity. He ex- | pre: his sorrow that-he had not killed him, and blamed the trigger of his gun for not answering to his pull quickly enough. He accuses Volz of being a thief, Aad charges that he has often stolen corn, ¥ekelables, chickens and. eggs from Mr. Yates’ premises, These charges are, however, it js fair to say, not believed by any who know Volz he latter, too, says that the | prisoner bas 61 one or two occasions sought to quarrel with him so 4s to insure a fight, but that he has al- ways endeayored to avoid apersonal collision, The general impression appears to be that Thompson, knowing that Volz was entertaining some strangers at his place, laid in wait for their return home with the belief that Volz would escort them past the watchdog, aud then he would have a fair chance to shoot him and then to excuse himself under the plea that he fired inthe belicf tnat the party were thieves who had evil de- sighs on his employer’s property, The result of the wounds received ‘by William Gorman cannot yet be determined. His face is a shocking sight to look on, being perfectly pitted with shot. It is certain that bis lefteve {s completely destroyed, and the other may possibly go be. The one shot which entered just above the right eyeball and under the brow may, it is thought by the doctor, have penetrated the optic nerve, and so into the brain, but nothing definite can be as- certained. The condition of the wounded man is a triflé more favorable, and there is just a possibility that he may recover. ‘The Justice has determined to await further develop- ments before taking his ante-mortem statement, The brother, Henry Gorman, who received three shots in the neck, is slightly worse to-day, but no serious ter- mination to bis wounds is anticipated. A GREAT GLADIATORIAL CONTEST. A grand turnout of all the athletic and sporting men in this city will take place on next Friday evening at | Tammany Hall on the occasion of Professor James O’Neil’s annual benefit. The Professor’s reputation as an athlete and sculler is well known throughout the country, and among the professional sparrers who will take part in the exhibition may be named John Dwyer and George Rooke, Professor William Miller, the Griéco- Roman wrestler; Steve Taylor, Professor O'Neil and William Clarke TURF NOTES. Mee bier eeting of the National Trotting Asso- ciation will be held on Wednesday next at the Everett House in this city. Several delegates have already ar- rived and the West will, for the first time, be ropre- sented by influential and earnest men, Many changes are expected to be made in the rules. ‘The “Trotting and Pacing Record of 1875,” issued by the Spirit of the Times, is now about ready for dstribu- tion, The book contains complete summaries of 3,304 trotting and pacing races, which took place last year in the United States and Canadas, The amount of money involved in these contests reaches the enormous sum of $1,418,971, and the horses that started number 5,400. ‘This exhibu, better than anything else, perhaps, shows the great advances that have been made in breeding | this class of stock. Wildidle, ‘ears old, by Australian, dam Idlewild, has been ri from the turf. He was entered for the four-mile heat race in California, and during the inter- vals of the repeated postponements, still fresh in the minds of all turtmen, kept in continued severe train- ae during which the tendon of one fore leg was siightiy sprang. His last victory and race was in the four-mile dash for the Wise Plate over the Bay District Course, San Francisco, which he made in 7:25 49. ’ Captain James Franklin, owner of the bay maro Arizona, aged, does not intend torun her any more, but will'use her for breeding purposes. To the epen events of the American Jockey Club, which close on the Ist of March, there has been added the Annual Sweepstakes of 1877. It is for three- year-olds, $250 entrance, $100 forleit, with $1,000 added ; the second horse to save his stake, The dis- tance has been reduced to two miles, and no penalty is i for winnings. This race will be run at the Fall Mecting of 1877. It suould be borne in mind that the Centennial Stakes, the Centennial Cup, the Ford- ham reap Sweepstakes, the Westchester Cup, the Juvenile Stakes and the Jockey Club Handicap, as well as the Sweepstakes for 1877, close on the lst prox. The Monmouth Park Association has seven stakes open which close on the Ist of March. The first is the Capitol for tour-year-olds, three miles. The second is the Hopeful Stakes, half a mile, $50 each for two-year- olds, The third is the Monmouth Cap, $60 each, two. andahaif miles. The fourth is the July Stakes for two-year-olds, $60 each, three quarters of a mile, Tho fifth is wl mouth Sequel Stakes, for three-year- olds, $50 each, two miles The sixth is the Thespian Stakes, for two-year-olds, $50 each, three quarters of a mile, and the seventh is the August Stakes, for two- year-olds, $50 each, one mile. ‘be four first-named stakes will be run'at the first July meeting and the three last will be decided at the second mecting of the association, YACHTING NOTE. Yacht Vesta, Mr. Mills, N.Y.Y.C., from New London for New York, is at anchor off Heraup Telegraph Sta- tion at Whitestone, HANDBALL. In the handball match between Morris Moore and Robert M. Dore, and Michael Landy and D. McCarthy, which toak place yesterday at McQuade’s court in this city, Moore and partner won the first two games and victory seemed secure to them. McCarthy and part- ner, however, won the third and fourth games, Th fifth game was won by Moore and partner, who wore thus declared winuers of the match. RACKETS. A match m which some of the base ball clubs were represented took place yesterday at the Madison street court, im this city, Messrs. Eggler and Nelson being pitted against Messrs, Holliban and Burdock: Tho games were finely contested, and partner ob- “that the American team never gave the gentlemen who NEW YORK HERALD, SUNDAY, FEBRUARY 6, 1876.—TRIPLE SHEET. THE CENTENNIAL RIFLE MATCH, WILL THE BRITISH NATIONAL RIFLE ASSOCIA- TION BEFUSB TO SEND A TEAM TO PHILADEL- PHIA?—HISTORY OF THE NEGOTIATIONS. When the American rife tea vwited Wimbledon last year they were empowered to represent the Na- tional Rifle Association inthe matter of inviting the members of the British Ritle Association to be repre- sented by @ team at Philade!phia in the rifle tournament which it ig intended wili take place tore during the Centennial Celebration, In accordance with this idea, the captain and other gentlemen who composed the } American team took the necessary steps to \uvite over here a team from England. Tbe invitations did not as. | sume the form of a challenge; no official correspond. | ence passed between the representatives of the two na_ tional rifle associations, but a friendly understanding Was arrived at that England should be represented by a team at our rifle match during the Centennial Celebra- tions, It may even have happened tbat Sir Henry Hal. ford and Captain Mildmay talked about sending over what was to be Known as an imperial team, to repre- sent the British National Rifle Association, such veam to be composed of picked marksmen from the different clubs in Great Britain and Ireland; but it is certain represent the British National Rifle Association to under- stand that the coming to America of a team so selected would bar Ireland or Scotland from being in the (eld, if either country saw fit to be represented. But from recent tolegrams received by the American National Rife Association, it appears that the British National Rifle Association has interpreted differently the words of the American rifie team while these were in Eng- land last year, and the Epglishinen now claim that if England should SEND AN IMPERIAL TRAM to America next summer, no other team from Great | Britain or [reland must be allowed to participate in the | International match. If this resolution, which some of our well known riflemen here think premature, should be insisted on by the English riflemen, tt would Jessen the chances of a teatn from Engiand coming over at all—a mishap that would be greatly regretted by both countries, On the 6th of last December the American National Rifle Association sent an invitation to rifle clubs gen- erally throughout the world, asking them to participate in the match for the world’s championship, which would take place in America this year. ‘This invitation was sent to England, Ireland, Scotland, France, the Dominion of Canada, Italy, Sweden, Norway, Australia, Prince Edward Island, India, Germany, “and if the courtesy was not extended to other Powers, whose names are not given above, thie was because the Na tional Rifle Association was not aware that they had | any rifle clubs within their boundarice, fo this friendly national invitation the British Rifle Association, among other organizations, replied thus ;— Loxvon, Jan, 17, 1876, Colonel GtrpErstrrve -— ‘The Directors’ resolutions alter con derstood by us—namely, Great Britain and Ireland vs, America, The | Council meet Friday; am sure they will not sanction the | new terins, RY HALKORD, sgovlation, London, the following reply | tions as Sir National Kile The American Association mail to this cablegram:— « _, New Yor, Jun. 18, 1876. Sir Henry Hatrorn, National Ritle 1. London — Any team you organize will be accepted—Buglish, Scoteh, Irish or mixed. GEORGE §, SCHEMERHORN, Jr., Secretary. The rather unreasonable attitude of the British Rifle Association may, as above indicated, be attributed to conversations had between members of the American team and Sir Henry Haltord and others, when the Americans were in England, But when the officers of the British Rifle Association had laid before their Board the American circular of December 6, 1875, it is diffi. cult to perceive how they could continue longer under tho impression that a single team from England would be received as the only and exclusively representative one from Great Britain and Ireland. ‘Phe Scottish Rifle Association, through its secretary, Mr. Robert Rentail, on the 10th of last month wrote an acknowledgment of America’s invitation to the contem- plated rifle tournament, and on the 29th telegraphed a formal acceptance of and on the 7th of last month the Province of Canada Rifle Association sent a letter of acceptance of the invitation extended by the National Ritle Association. In addition to these acceptances of THE AMERICAN PROPOSITION, ‘ itis expected that Australia and other countries will send teains to compete with us. In view of these facts it will be seen how difficult it is for American ritlemen to accept the British view of this mternational matter. At the last meeting of the American National Rifle ‘Association held on the first instant, the affair ‘was by resolution placed in the hands of the joint com- mittee of the National Rifle Association and the Ama- teur Rifle Club, excepting the portion of it which relates to deciding the place and conditious of the match, which was left with the Board of Directors of the National Rifle Association, which in turn bas re, ferred thes¢ matters to its Executive Committee, Yesterday afternoon the writer had a conversation with Major General Alexander 5! ent of the National Rifle Association. The General’s attention was drawn ta late telegram which appeared in the Henao, from which it seems that England will not be represented if Ireland and Scotland send teams over. General Shaler said, mm substance, that no challenge hag been sent to England or any other nation by the riflemen of America, but only a friendly invitation to the riflemen of all nations, England, Scotland and Ire- land inciuded among the rest. In reply to the ques tion as to whether the National Rifle Association had decided to admit Ireland and Scotland, should they send teams, General Shaler said:— “Decide to admit them? Why, we have invited them and will not go back on our invitation, of course.’ Here the General referred to the circular letter of the onal Rifle Association, and said that the Angericans would stand by that. He further thought that the invitation to take part jn the approac ing rifle tournament cannot tortnred anything else than what ft is. America has challenged noone, and we don’t see how the national pride of England can allow her to keep out of a contest like | this. Scotland bas already accepted our invitation, | and there is no reason why the National Rifle Associa- tion should now change its original intentions or de- cline to ailow Scotland to participate in the contest to which she has been invited. We invite the whole world, and are bound to receive all who come properly | accredited. There is no chance of a change in the programme lately adopted, because there ap- A FATAL STAMPEDE Terrible Catastrophe in Robinson's Opera House, Cincinnati. TWELVE WOMEN AND CHILDREN KILLED A Sunday School Festival Turned Into a Scene of Desolation. — + EFFECT OF A FALSE ALARM. Ms eases Harrowing Incidents Outside and Inside of the ott. Covaxsatt, Feb, 5, 1876, During the performance ot the Qlegory of the “Greali Republic’’ at Robinson's Opera House this afternoon a portion of the pillars supporting the gallery gave way, precipitating a number of the occupants upon the bal! cony below, Nearly 600 school children took part inj the allegory, and the audience was composed mostly, of the parents and relatives of the participants. A PALS ALARM OF FIRE, A later despatch says:—There is no foundation in th report of the gallery falling. The stampede was caused! by an alarm of fire causelessly raised by 4 mischieyoug boy in the gallery. It {s almost impossible to obtain reliable details of the disaster, The streets for squares are filled with anxious friends and relatives of the audience, TIE KILLED AND INJURED, It is reported that six persons were’ killed in thé stampede. Four of their names have been ascertained, Mrs. Henry Kessler. Mrs, Nancy Clark, Hattie Leslie. Harry White, Betwben fifteen and twenty were injured. DETAILS The allegory uf the Great Republic has been upon the stage of Robinson's Opera House for the past twd nights under the auspices of the Cincmnati Relief Union, and the proceeds were to have been applied ta the relief of the suffering poor of this city, Tne per- formers, numbering nearly 600 children, were taken from the public schools of the city, and, as the object was a worthy one and the children who took part were thdso of old residents of the city, vat audiences were present at each presentation of the allegory, OF THE DISASTER, The weather this afternoon being propi- tious and there being no sessions of public schools, the matings audience in most part was composed of women and children, About half-past two o'clock, while the great house was densely packed, and the thousands of children among the audience were at the height of their enjoyment, some boy in the gallery, either through mischie! or ignorance, raised the cry of fire as the red light from the colored fires used in the piece flashed from the wings. Every inch of the thea- tre was occupled and a dense crowd was pressing and surging about the stairways and in front of the doors, Some one in the audience took up the cry of fire, and it was re-echoed from near the door by some one wha caught a glimpse of the red glare from the stage, Thera was an immediate rush for the front doors, A TERROR STRICKEN CROWD. A child was pushed down the steps and screamed, and, immediately after, a man thrust his arm through the window, The scream and the crash were enough to set the panic in full force, and in the narrow vesti- bule leading to the street the scene was a terrible one, The people in the rear, mad with fear, pressed upom those in front, shouting and cursing. Men, terror. stricken, struck down the helpless women and children. in front, or climbed over their heads to the top of the staircase and precipitated themselves upon the scream- ing and Dieeding mass of women and children in the hallway. * ‘The scene in and about the Opera House after the ac~ | cident was heartrending. The news of the catastrophe spread like wildfire over the city, and from every di- to be no reason for any change. Perhaps the impression prevailed ong the | members of the American team when were in | England, that it would be difficult to get any other than an imperial team to come over to America, but they were not authorized to arrange any details for the international match, Our desire has been aud is to ob- tain the largest possibie representation of riflemen from all countries to take part in these matches, and we feel that there is no more reason WHY SCOTLAND OR IRELAND SHOULD BR EXCLUDED than there is to exclude Canada or Australia, for these | countrits are integral parts of the British | realm. am confident that after reflec- tion the National Rifle Association of Great Britain will look upon the matter in the same light that we do, and send over a team, We propose to make the Atnerican prize an elegant and costly trophy, something worthy of the best efforts of any and all aspirants in the manly art of rifle shooting. And we would all be very much disappointed if no team should came over from Ireland. The Rigbys cannot come; Dr, Hamilton has gone to India, and Captain Walker is | away on service, so that the Irish team of | 1875, I greatly broken up; but there are. still | im} Ireland so many excellent shots from among | whom a fine team might be selected, that there can | be little doubt that Ireland will be with us. The reso- Jution passed on the 22d of last month by the British Rifle Association, and referred to by gir Henry Halford in the cable dispatch of the 3d inst, bas not | yet reached the American National Rifle Association, although, from Henatd despatches, it is understood that that resclution authorized Sir Henry to organize an imperial team on the basis of exciuding other teams coming from Great Britain and Ireland, THE PROPOSED CHRONIC HOSPITAL. New York, Feb. 4, 1876, To toe Epiror or tak Heraro:— About the hospital for chronic diseases—I am sur- prised that any physician should state that there wero hospitals enough tor the wants of the people. After many years in active private practice in the city I | have come to the opposite conclusion. There should be established in every ward of this city two small hospttals—one for surgical, the other for medical cases, These could be built cheap and furnished plainly, and, if after ten or twegty years’ occupancy | they were found to be unhealthy, let them be taken down and rebuilt. The experience of every country goes to prove that small hospitals are more healthy than large ones. Churches, post office, court houses and other public halls may be erected to last for ever if people desire; but larga taining a victory in three straight games in good style. Messrs. Eggier and Nicholls defeated Messrs. N and McCormick, winning the first and third game THE SLEIGHIN The sleighing yesterday was vory good throughout the upper portion of the city and excellent in the Park farinto the night there were countless numbers of elegant turnouts everywhere to be seen, and the busi- ness transacted at the out-town hotels made the sey- eral proprietors very happy. The indications last night were that the footing on the snow would be even better to-day, aud if such is the case there will be merry times on Manbattan Isiand. The moonlight nights greatly enhance the pleasures ot this sport, and will be the means of bringing out many who would not this opportunity to have a charming ride on runners, RUNAWAY HORSES. A team of horses broke away yesterday from an Eighth avenue car at the corner of Broadway and Vesey street, dashed down the latter strect and seriously in- rhc eek see sen oes seart at the time, pte Fawaie, Koha iy caught and I was taken vo ) ia crowded cities, | such a hospital as he proposes to establish is required. palace hospitals should never be built, espectaily 1 with Dr, ‘Hart, that People may éay thatthe Doctor bas an object. suppose he bas. Does he not deserve praise if he su e in founding an institution where saflering human. ity may be relieved, or at least comforted? The li tor cannot live forever; somebody must succeed bim— perbaps your Nad sg mt, Dr. Hardy. The Doctor's Well, object is g only wish that twenty five or thirty doctors would each separately found @ hospital in New. York. [can assure | them that théy co soon be filled ruder I datly send poor pati to the variow pitals of this city, who are turned away with the repiy, “We do not treat your case,” or “We are fail.” They must beng go to Bellevue, where, if the case looks like tedi- ous, it 1s sent to the Charity at Blackwell's Island. The idea of being shipped to the Island is horrid to most of the poor patients; they would rather return to their cold, miserable jwmes to die. I by no means inier that they are badly treated at the Charity, but such is the ieeling among them, which I @ippose arises in a great measure from jets being sent there also, [fit be reported that a man has been sent to the Island he loses caste somehow among his friqnds, which he does not if he goes to Bellevue. Who would attend a man’s funeral who died on the Island? I be- eve that there is po city in Chriguan Europe that har Jews howpital modation thas New York ropor- Von to its size, Youre truly, e JOWN RURK EM. D.. 147 Lexington ay. | from rection came people hurrying to the scene, until the squares were impassable. ORIGIN OF THE PANIC, At this hour (nine P. M.) there are mans eonfiteting: stories as to the origin of the panic at Robinson's Opera House, The building was filled from parquet to- gallery with a dense crowd, who not only filled all of: the seats and aisies, but crowded the stairway, and hundreds were outside seeking admission, Behind the seenes were 500 school children, who were to take part inthe performance, which consisted of an allegory of “the Republic”? As the time @pproached for the commencement of the exerciser a calcium light in the gallery flashed its glare upon the stage, and immediately @ ery of “Fire!” was raised, The audience became panic stricken and a rush was made for the stairway, Some are said to have leaped from the balcony upon thé crowd below. The lower circle of the house is but four steps above the level of the street, but the steps are narrow and soon became blocked by the surging crowd. Multitudes were pressing for the doorway, and, in the panic, women and children were overthrown and trampled | under foot by the crowd. The scene beggars descrip. tion, An alarm was rapidly spread throughout the city, and those who had wives or children there hurried to their rescue, A few heroic men placed themselves near the doorway and endeavored to assure the people there was no danger, and an effort was made the stage to check the mad career of the affrighted audience, but quiet was not, restored until @ number were trampled upon and many were seriously injured, Those able to walk at once made their ‘way home- ward, Those more seriously injured were taken to the Ninth street station house and to the Commercial Hos- pital, and the dead were gathered in one of the offices of the Opera House, LATEST LIST OF KILLED AND ‘WOUNDED, Up to nine o'clock to-night the following had been | reported killed and injured; — Mrs. Alfred White and her son Harry, aged twelve years, , Mrs, Nancy Clark, reported to have died from heart disease, caused by excitement, August and Fred Loosch, brothers, aged ten and eight years respectively, Hattie Leslie, aged twelve years, James Crowley, aged seven years, Annie Mao Rienzi, of Alton, Ill, who was visiting friends here, Miss Teronica Massatt, aged twenty-two years, rs, Henry Kessler suifered severe concussion of tho brain, and, it is reported, died this evening. One unknown woman is dead, Among the ‘njared are Fred Strasburg, Miss Home phrey, Master Harry Bliss, and a obild named Codding- ton, , Later information will probably imerease Of the ininred, the sorcben /