The New York Herald Newspaper, February 19, 1876, Page 3

BABCOCK’S ORDEAL anaes The Prosecution Present No Evidence in Rebuttal. MAGILL’S SUSPICIOUS STORY. Public Opinion Impugns His Veracity. - THE DEFENCE SURPRISE THE COURT Motion Made to Charge the Jury for Acquittal. A BRIEF AND EMPHATIC DENIAL. Federal Office-holders in St. Louis Laboring to Block the Wheels of Justice, y Sr. Louis, Feb. 18, 1876. The defence took the prosecation completely by sur_ prise this morning, when ex-Judge Porter, in a long and labored speech, moved that the Court direct a ver- dict of acquittal, on the ground of insufficient evidence, During his argument, which strongly foreshadowed the main points of the summary yet to come, three of the jurors were quietly dozing and the rest looked pro- foundly bored. This was no doubt owing to Mr. Por- ter’s long pauses between every word and to his odd method of lengthening out every syllable, like a sus” tained note, so that it requires no Jittle patience to keep the attention alive until the end of the sentence, Babcock, Storrs, the Krams, Williams and Campbell, the defendant's father-in-law, all looked jubilant, and so confident were they of success that the elder Krum, a worthy, amiable old gentleman, already proposed to celebrate the coming victory in a glass of champagne with your correspondent, Alas! both the victory and the champagne turned out to be delusions, but the ex- eitement during the two hours of recess, which the Judges had taken to write out their decisions, was great, and there were many who said that the rulings in re- gard to the telegrams so favorable to the accused ren- dered the granting of the motion not at all impossible, || Carl Schurz’s organ, the Westliche Post, had openly charged Judge Dillon with strong sympathy for the Whiskey Ring on the ground of his charge tm the McKee case, and this probably had also §=6something to do with the fact that before the reassembling of the Court at two o’clock trong impression had become prevalent that the motion would be granted. Judge Dillon, usually so im- perturbable, was rather nervous and excited when he began reading his decision, which greatly disappointed the defence, except in the passages that seemed to forecast a favorable and very cautious charge to the Jury upon the credibility to be attached to the circum. stantial evidence adduced by the prosecution. 4 BLOW TO THE DEFENCR. During the recess, when Babcock went to and returned from luncheon, a large crowd followed him. His arm fe generally linked in that of Porter or Storrs, and the Scene reminds me strongly of the recess scenes daring the Beecher trial. “Perfect silence reigned during the reading of the decision, but as soon as it was over the pent-up emotions of the excited crowd that filled the court room found vent ina loud buzz of approba- tion, Babcock, himself, seemed to take the decision as a terrible blow. His countenance, which wore a tonfident expression, fell, and his hand trembled as he put it up to his head to listen to its clesing passages. THE PROCEEDINGS, ‘Upon the conclusion of the session of the Court last evening, District Attorney Dyer announced that ne would have some rebuttal evidence to offer this morn- mg. Upon opening to-day, George Garvin, the Seere- tary of the Buard of Police Commissioners, was called for the purpose of showing the record of Magill, the let- ter carrier, who testified to returning two letters to Joyce. The witness did not answer, and the District Attorney immediately announced that the rnment would put in no rebuttal testi- mony. case was then declared closed, so far as evidence was concerned. Judge Diilon asked if the counsel bad arranged in what manner the closing arguments should be made, 4 SURPRISE Judge Porter arose and said the defence had intended to raise a question of law looking to the direction of a verdict, and asked permission to address the Court. it Sol arog Judge Porter spoke at considerable length, giving the grounds on which he asked the Court at thi goo of ‘the trial to direct a verdict of acquittal The right of trial by jury he held to be a right granted by the con- stitution and one to be upheld with all itstorce. In this case, said Judge Porter, upon the undisputed facts we sumit that there is uo question but lor the Court to acquit the defendant The evidemee was then passed in review very carefully and slowly, and after the review Ju Porter said:—‘‘We now ask for the acquittal of the ndant at the hands of the Court.” Afver a brief pause the Court asked the defence if = were prepared to present authorities. fudge Porter replied in the affirmative and proceeded to read from the books various cases which he claimed were parallel in pointof law to the case under, consid- eration. Colonel Brodhead, in reply to Judge Porter, said:— In order to sustain the motion of the defence the Court must say there is no testimony, either direct or indi- rect, by which the jury might ‘be led to believe in the fendant’s guilt. He cited the facts in the history of case—the mailing of the letter by Joyce to Bab- tagming $500; the corresponding with one of iratorp alter he was indicted through a third . giving of valuable information at the same time he was protesting against the raids; t.6 sending of the “Sylph” despatch notifying the conspirators here of the abandonment of a raid before the agents who had been detailed to make that raid had been ap- prised of the fact—were all so strongly presumptive in character that they must go to the jury for decision. Where there are disputed issues it is the province of the jury to determine, ‘THK MOTION DENIED, Tie Court took the matter under advisement, and on reassembling in the aiternoon Judge Dillen deliv- ered the following decision :-— ‘The testimadgy on both sides being closed the cefend- ‘ant’s counsel moved the Court jor a peremptory direo- trom to the jury to acquit ibe defendant The case, which the government seeks to make against tho defendant isone which largely, perhaps exclusively, depends upon circumstantial evidence which, it is claimed, shows the dofendant had criminal knowledge of the conspiracy to defraud the revenues in St Louis, and that he participated im that conspiracy. The government has sought to implicate him mainly by the testimony of Everest ag to the mailing of a letter under circumstances which counsel for the government maintained would authorize the jury, not Standing alone, but in connection with other facts im evidence, to infer that {t contamed a five hundrea Per Aga or oe it was bigest Longton by oe t for guilty purposes, and by certain telegraphi despatches t od trom the defendant. The present motion involves a question as to the relative powers and functions of the Court and jury, which is of it importance, Undoubtedly the Court is jodge of the law in criminal ag well as in ‘civil and the jury are bound to receive ani apply the law as expounded by the Court in the class of cases the same as in the o other. A motion of the character of the one here made is well known to the practice in federal courts. It is equivalent, says the Supreme Court of th: Btates, to a demurrer to the evidence. It ans’ same purpose and should be tested by the same rules. A demurrer to the evidence admits not only the facts but also every conclusion which a jury might fairly or reasonably iier therefrom. QUESTIONS NOT FOR THK COURT, BUT Tuk JURY. In deciding upon the present motion it must be as- wumed that all the lence in the case is true and that tho witnesses are all credited, for if there are questione relating to the credibility of witnesses er apon the proper deductions to be drawn from the evidence, these are questions, not for the Court, but for the jury under the advice and direction of the Court, Counsel have referred to cages in which some courts may have inter- fered with the province of the jury in a manner which it might be difficult to reconcile with the views above expressed. The prin which must guide us bave been settled by the Supreme Court o! the United po tie fedgments have in this court the force of authority, The doctrine Supreme Court of the United States is well shown in Hickman vs, Jones, 9th Wallace, 199, This was a of malicious prosecu- fion, im which the Court peremptorily instructed the Lyiremy tig par} ry to acquit two of the defendants ( be erroneous under the crosmaanhon the Bu ae Dourt of the United States sa: both to juest! for the jary ‘he learned J keving io the nq it no a that 1e verdict for the plaintiff! to be jiven, such an inetraction may be ly demanded, fra it is the duty of the Court to give it. To retuse is trror. in this case the evidence was received with ob- fection, and was before the inrw: | tended ta maine NEW YORK HERALD, SATURDAY, FEBRUARY 19, 1876--WITH SUPPLEMENT. plaintiff the issue which th or it was their right proper for the Court to KEG OF their > any other from overlooked the line which separates TWO SEPARATE SPHERES OF DUTY. Though corelative they are og and and it is important to the right administration of Re; ice that they should be kept so; it is as much within the province of the jury wo decide questions of fact as of the Court to de- cide questions of law. The jury should take the law as laid down by the Court and give ft full effect; but its application to the facts and the facts them- selves. it is proper for them to determine, These are the checks and balances which by. jury its value. Experience us approved ‘their importance. ‘They are indispensable to the harmony and proper efficiency of the system. The Supreme Court, ip cases where the facts are not controverted and where the inference to be drawn from them is certaip, necessary and undis- uted, or where there is no evidence tending to estab- ish a ‘necessary element ‘n the case, has hela Mat the trial Court remptorily direct what vei sha! be given. This distinction between cases which fall within the rule first stated and those which are tor the decision of the ny, is well illus- trated = in the Railroad ompapy va Strut (17 Wallace, 657). In this case the Supreme Court held that where in any case it is a matter of judgment and discretion of sound interence what ts the deduction to be drawn from even undisputed facts where diferent | men, equally sensible and equally impartial, would muke different inferences, such cases the law commits | to the decision of the jury, under instructions from the Court. ‘aim on the part of the were to try; whether to pass upon | it was not es REASONS POR DENTAL. The motion here must, in our judgment, be denied for two reasons :—First, there are facts which are not un- disputed, For exainple, those relating to the letter testified by Everest to McGill. Second, the proper in- ferences to be drawn from the telegrams and other facts are not so clear and certain that the Court can declare their effect as a matter of law. The doctrine contended for by the learned counsel {or the defendant, if applied to this case, would require this Court to disre; the | well settled rules laid down by the | United States Supreme Court in the case of Hickman vs. Jones, above cited, in which that tribunal held that the constitutional province of the jury under instructions from the Court extends to the right to decide upon questions of factin a weak case as well asin a strong case, analyze the evidence before them and determine the weight to be given to it and the several parts thereof. Some discussion then took place as to the order in which the arguments should be made The rule of | the Court had been for the defence to open and be followed the prosecution, ut both Judge Porter and Mr. Storrs thought the ‘opening should be by the prosecution. The case rested on circumstantial evidence, and it was but just that the defence be advised as to what portion of the ES mass of testimony which had been adduced, and a large art of which been rendered irrelevant since the Eitrodustion, ‘would be relied upon by the prosecution. ‘As the prosecution had the terrible advantage of closing the argument, they should not compiain of being required to disclose their case 60 as to give the defence an idea as to what they would have to er. Jugde Dillon did not think the rale a good one, and, in view of the circumstances, it seemed to both himself and Judge Treat but just that the prosecution be re- quired to open im order that the defence might not waste time in guessing on what portion of the mass of testimony the prosecution relied. He would, there- fore, suspend the rule, as a matter of justice to the de- fendant ARGUMENT TO BEGIN TO-MORROW. Colonel Dyer said he had uot expected this, not prepared his argument. He therefore as! an adjournment until to-morrow. Judge Porter joined in the request, as the defence was equally unprepared, and Judge Dillon acquiesced and the Court adjourned. ‘MAGILL’S BUSPICIOUS TESTIMONY, It was a matter of general surprise that the govern- ment after calling Gavir, Clerk of the Board of Police Commissioners, who failed to respond, had no other witnesses in rebuttal of Magill, the letter carrier. Magill’s suspiciously, whiskified and dissipated ap- pearance and his evasive mode of giving his testimony, as well as bis utter breaking dowd™during the cross- examination, were not noted yesterday as tending to prejudice the aefendant’s case, but damaging facts in regard to this witness have transpired since yesterday, which absolutely require mention, 1t appears, accord- ing to rumor, that Magill is a shiftiess, unreliable in- dividual of doubtful repute. He was twice dismissed from the police force, and the police authorities give him a bad character. His evidence was received and had ked for with general incredulity and most careful ob- servers now declare that it will burt the defence greatly, as by putting him upon the stand they virtually admitted that Everest’s statement was true and bad to be controverted. The prosecution openly state that Magill’s whole story was concocted by Filley, Postmaster of St. Lours, a partisan of the administration and an active sympathizer with Bab- cock. Public opinion is very excited on the subject, and nearly everybody in St. Louis pronounces Mr. Gill’s testfnony as suspicious and its manifold improb- abilities, the fact that he took out these letters out of his beat, while he could not remember a single in- stance in which he had done that before, that he did not get the receipts for the returned letters signed as the regulations prescribe, and his wonderful memory in remembering every minute of the description of these envelopes, while he fails to recolledt those of any others returned by him are actively discussed every- where, OFPICE-HOLDERS OBSTRUCTING JUSTICE. District ‘Attorney Dyer stated last night toa friend that he had to fight against every federal office-holder in the city in this case, and Colonel Brodhead told me to-day that if the prosecution called more witnesses tO impugn Magill’s character Filley and several of his assistants in the Post Office would have beer ready to corroborate Magill Bingham, who was to be called in relation to the Hoge letters, alleged to have been surreptitiously obtained by Sherman, did not ar- Tive in time, and for that reason Sherman was also not called. The special corresperdent of the Westliche Post at Washington, presumed to be Carl Schurz, has searched the records of Babcock’s real estate transac- tions within the last five years, and gives the total as over $139,000. . Assistant Chief of the Secret Service Brooks will | shortly go; to New Orleans to further the investigation of the gigantic frauas said to have been there perpe- trated. ‘THE PROGRAMME. To-morrow morning Mr. Brodhead will open for the government and probably speak until recess. Mr, Storrs wiil occupy the afternoon. Mr. Porter will fol- Jow bim on Monday morning and Mr. Dyer will close on Monday afternoon, The Judge’s charge will proba- bly not be read before Tuesday, INDICTED RECTIFIERS ARRAIGNED IN NEW ORLEANS, New Onieans, Feb. 18, 1876. G. M, Bayly and L. M. Pond, of the commercial firm of Bayly & Pond, who have been indicted by the Grand Jury on a charge of rectifying and compounding spirits without paying special tax, were to-day arraigned, and» os a mot guilty, They were bailed out in $1,000 eac! LOUISIANA TROUBLES. THE POLITICAL SITUATION DESCRIBED—-VIEWS AS TO THE IMPEACHMENT AFFAIR—DISPUTES OVER THE RETURNING BOARD. New Orueans, Fob. 18, 1876, The political situation 1s a mystery to even the most astute politician outside of caucus circles, The demo- crats and conservatives have certainly adopted no Jocal plan ef action, and the impeachment matter is at a dead halt, and yet one of the best informed men im the State advanced the assertion to your cor- jpondent to-day that Kellogg was “Gone up.” This | view contrasts singularly with appearances, which evi- dence timidity or hesitancy on the part of the opposi- tion to radicalism. Probably more of the real political future of Louisiana ts known in Washington than here, judging from the correspondence which has taken place between the two cities. Is ts well known to be important and that the coun- sel from Washington are st action im the im- peachment matter and in favor of the utmost modera- toa, er Kerr’s views on the subject would be foe | for he has been prominent among those who have urged ive action upon c | | | be all THE MOLLY MAGUIRES. THE JONES MURDER—VOLUNTARY CONFESSION x”) g [PROBABLE BREAKING UP OF THE ORGANIZATION. Mavouw Cuvyk, Pa, Feb. 18, 1876. There nas been no little excitement in this usually quiet borough this afternoon, occasioned by the hear- ing of a habeas corpus case before Judge Dreher of one of the parties implicated inthe Jones murder, which was committed at Lansford, Carbon county, in Sep- tember last, On the day of the murder three men named Kelley, Doyle and Kerrigan were arrested while making their escape {rom the scene of the assassination, and loaged in the county jail at this place, Doyle, it will be remembered, was tried at the last term of the court and convicted of murder in the frst degree, While Doyle's trial was in progress Kerrigan made a voluntary confession, implicating bimself as well as Kelley and Doyle in the murder of Jones, and further asserted that the pistol with which the drea ful deed was performed was furnished him by Alexan- der Campbell, a saloon keeper at ap out of the way place in this county, called Stormy Hill, Campbell Was thereupon arresied, and a few days since his coun- sel, Daniel Kalbus, sued out a writ of habeas corpus on » Which motion was disposed of to- day, the examination of witnesses and the entire pro- ceedings were upon the Star Chamber principle, and the whole number of persons present, including wit- besses and police officers, was barely twenty-five The Judge cautioned allin the court room to be scrupu- lously reticent as to the evidence elicited; but, not- withstanding this‘extra judicial warning, sufficient 18 known to warrant the assumption that the evidence was overwhelmingly against the prisoner, as may be judged from the fact that the writ was dismissed and Campbell remanded to jail. Doyle will. be brought into court for sentenceon Monday, and the argument will be heard for a new trial im bis case, The motion will undoubtedly be de- nied, gan has suddenly become a Jocal lion through bis confession. Several murderers in Schuylkill county have been arrested and are ina fair way to receive punishment for their misdeeds. He has also revealed many of th secrets of tne much dreaded “Molly Maguires, and it is believed that through bis revelations that infamous organization will ultimately be broken up. Some interesting facts in regard to the recent important arrests of the “Molly Ma- guires,”? will now be furnished. PITTSBURG CUSTOM HOUSE. val ALLEGED IRREGULARITIES IN CHARGES TO IM- PORTERS—A GOVERNMENT INVESTIGATION COMMENCED. Prrrssura, Pa., Feb, 18, 1876, During the last few days special agonts of the United States Treasury have been at work investigating cer- tain charges of irregularities in connection with the financial management of the Pittsburg Custom House, of which Thomas Steel is Collector and James M. McGill Deputy Surveyor. Tho allegations were that there was discrepancy between certain charges paid by the receivers of the goods through the Custom House and the amount returned to the government. Tho in- vestigation is closed and the officers returned to Wash- ington to present the result of their labors to Secretary Bristow, The report said:— “have succeeded in developing discrepancies between the receipts and returms in a large number of cases; in bat two or three cases proper were charges made for releasing goods. The government's charges are said to be not over $1 80in any case, while receivers ba Deen charged $3. 1t has been alleged, also, that 0’ ‘ges were made for making out Moons for stea boats, as high as $3 70 being char, where the gov- ernmeat’s printed cards call for $1 40 for steamboat measurement it ts said, two, that fifty cents more per 6 was charged than allowed by law.” Collector Steel says that in the books of Deputy Sur- veyor Mo@ill there 'e been some discrepancies iound, and there have been overcharges in the issue of boat papers; but he did not know of it til! yesterda: ‘His explanation {s that so far as the brokerage charges were concerned he supposed the work was an accom- modation to the public in New York. ‘There were reg- ular Custom House brokers who made. a business of attending to the getting of goods out of bond. Here there are no persons in that business, and it required some one familiar with the forms specified by the gov- ernment. He believed that Captain McGill ahh he had perfect right tomake charges as long ashe did work which the importers themselves would experience € trouble in doing. The matter is now with the ecretary of the.Treasury, and it is Mbely that an tn- e) vestigation will lead to changes in this partment of the government. CHARITABLE AND SECTARIAN AP- PROPRIATIONS. JUDGE PINKNEY, OF BALTIMORE, DECIDES THAT SUCH APPROPRIATIONS ARE UNLAWFUL. BauTimorg, Feb, 18, 1876, In the Circuit Court to-day Judge Pinknoy delivered his opinion in the case of George S. Brown et al. va The Mayor and City Counvil o1 Baltimore, better known to the public as the Sectarian or Charitable Ap- propriation case, The action was brought by the plaintiff to restrain the city from paying out moneys appropriated by the City Councu for the benefit of various benevolent, in- dustrial and educational establishments, and tho object of the suit was to test the validity of an ordinance passed by the Mayor and City Council of Baltimore, making appropria- tions for the year 1875, so far as it appropriates money derived from taxation to the corporations which are made defendants. The case was up ona motion to dissolve the temporary injunction previously granted, The opinion, which is lengthy, after decjd- ing the question of jurisdiction, discusses the validity that municipal corporations can exercise no powers but such as are expressly granted to them, or such as are necessary to enable them to discharge their duties and carry into effect the objects and purposes of their creation; that the authority conferred upon them is to iriy and strictly construed, and that acts beyond the. scope of the powe: granted are void.” Quoting authorities—‘They are hot authorized to appropriate money raised by taxation toaperson or private corporation as ® gratuity bouaty,”” the appropriations mentioned in tho complainant’s bill of complaint—to St. Mary's Industrial School, Manual Labor School, Home of the Friendless, German Orphan Asylum, Maryland Agricultural Society, Boys’ Home, Maryland Industrial School for Girls, St. Vincent's In- fant Asylam, House of the Good Shepherd, Little Sis- ters of the Poor, Maryland Institute, House for Fallen Women, Union Protestant Infirmary, St. Andrew's Hospital for Children, St. Mary’s Orpban Asylum, Aged Men’s Home, Aged Women’s Home, Maryland Institute for the Instruction of the Blind, St. Joseph's Home of Industry and the Hebrew Hospital, private ‘corpora- tions—are unlawtul, and the Injunction is continued, THE DEATH PENALTY ABOLISHED IN MAINE, Avausta, Feb. 18, 1876. The bill to abolish the death penalty in this State and substitute imprisonment and hard labor for lite bas passed the Senate by a vote of 16 toll. The measure had previously passed the House. An attempt to bave the queation settled by the people atthe next election was defeated in the Senate by a vote of 18 to 12, The opponents of hanging are greatly rejoiced. THE WOMEN'S CENTENNIAL. Anumber of women have, asa means of arousing the public interest im the Centennial Exhibition, col- | lected a fund in this city for the purchase of a banner for the Woman’s Pavilion in Philadelphia, This is only the begin of the work under consideration. A committes Fs to-day to Philadelphia to prepare a statement of the various needs and interests of 1 woman’s department of the Exbibition, It is hoped when this statement is put before the public that the women of this city, rich and poor, will respond te its appeal with con ibutions, however small, RESCUED FROM DROWNING. Yesterday afternoon as Etta Lippiec and Julie Zaches, Ttalian girls, aged nine and fourteen years, were pick - ing refuse potatoes on the canal boat Alice, at the foot the legislators of Lousiana, This leads to the supposition that some relief may be derived from Congresa, but the idea is at by others who, ask for acti Dotwithstanding that the slightest mateh that m: touched to the political powder mi ine would create an e: There appears to no anxiety among the pg and cer- tainly no excitement in apprebension of a disturbance. The repuolicans will “not give up their Returning Board, although they are disposed to change its name, while maintaining its arbitrary features, Notwithstanding this determination there are lead-; meu who give a healthy tone to the sita- iy reasing their satisfaction that, with or without the Returning Board, the conservatives will carry the next election in Louisiana, Caucus actions show plainly on the part of the conservatives a dispo- sition to remain strictly within the law, and hb might be willing to act hastily and possibly rashly, the controlling influence is opposed to anything of a revolutionary character, WATERTOWN ELECTIONS. Warertows, Feb. 18, 1876. The recent town ciections leave the Board of Super, visors for Jefferson county with fourteen republicans ‘and eleven democrats. There was no choice im the town of Worth tbe vote being @ tie, of North Moore street, they attempted to get out of the way of 8 man who was carrying a bushel of potatoes to ® wagon On the dock, but lost thei footing and fell into the water. William Hogan and Daniel O’Connel Jumped into the dock and rescued them, The girls live in a tenemont house on Sullivan street, whither they were taken, RAILWAY DANGERS, * To tax Epitor or Tat Heraip:— In regard to a narrow escape from a great disaster on the New Jersey Central Railroad, near Claremont, on Wednesday night, your reportef is correct, and somo day, instead of having ® narrow escape, a great disaster at this place will occur. All the oil cars over the New Jersey Central stop at this point and remain on the side track, where passenger trains aro passing every five miputes. Incase a passenger train should jump the track at this point and go into an oil train we would seo asecond Hudson River disaster. What the Central / Railroad should do is to run these cars containing oil away from ti je track on a place prepared especially for them. jortest curve on the New Jersey Cen- tral is at this point, where the railroad crosses the canal briage, and any passenger can shut his eyes miles before this point is reached and tell the imstant the curve here is struck, 1+ is so sudden, 8 of the ordinance, saying, ‘It is an established principie | THE STATE CAPITAL Legislative Results of the Commit- tee on Crime, RADICAL CHANGES IN THE POLICE FORCE. The Senate Adjourned for Tern Days. “AuBANy, Feb. 18, 1876. It is more than probable thatthe New Yorkers for the next fow weeks will be busily engaged in the pleas- ing occupation of framing bills in accordance with the suggestions made by the Committee onCrime, Several of them have already agreed to have their bills ready at the reassembling of tho Assembly next Wednesday ‘The principal features of these bills will be an increaso of the police force, the dividing of the force into three classes, as proposed by the committee; the increase of the salaries of the captains and sergeants and the holding of court on Sunday afternoons in the station houses, One of the measures will bo ap at- tempt to carry out the suggestions made as to the “social evil” in New York; in fact, throughout the State, as it is to be a general bill. Mr. Graif to-day in- troduced a bill which to some extent covers some of the conclusions which the committee arrived at during their investigation m New York, It provides that cer- tain of the police justices shall hold evening sessions, beginning at ten o'clock, and that prisoners arrested after the closing of the day courts shall, on their demanding it, be taken before the Court, and that the captains or sergeants in command at the sta- tton houses must bring such prisoners -before the sit- ting magistrate asin their judgment should have an immediate examination. The bill provides, also, that when an officer makes an arrest after the day courts have closed he must reduce the charge against his prisoner to writing, and this statement he must swear to, the captains and sergeants by the act being em- powered to administer the oath, The bill is | rather a crude one now, but its main object is a laudable one, and as Mr. Graff intends to so amend it in committee as to make it strong in every poing where it is now somewhat weak 1t will doubtless bein the end a good bill, The idea of making the officer who effects an arrest swear to the charge he makes tn writing against the person apprebended was adopted by Mr. Graff doubtless with the view of facilitating proceedings before the justices sitting in the, evening. The sworn statement of the officer, it will be perceived, can, under the bill, be sub- mitted tothe justice when tho party in custoay is brought before a magistrate, thus doing away with the present necessity of taking the officer from his other daties to be in attendance in person as a witness, Be- sides, it pins the officer down to facts and gives him no chance of telling one story when he brings a prisoner to the station house and another one to make his own case good when he goes before the magistrate. COMPTROLLER GREEN'S KNOWLEDGE Box. The resolutions introduced by Mr. King, of New York, and which were laid over under the rule, re- quire the Comptroller to transmit to the Assembly & detailed statement showing each source of revenue to the city; the amount during the last fiscal year derived from each source respectively; and if de- Tived from the leasing or letting of any real estate, pliers, wharves, docks, ferries and markets, the location and size of each of such pier, wharf, dock, ferry or mar- ket; the date and term of the letting and the annual in- come of each respectively; if from licenses, tees, wharf- o or franchises, what licenses, fees, wharlage andtran- chises, by whom paid, and amounts paid during the last fiscal year. Also any other source or sources of income, the amount received trom each source respec- tively during the last fiscal year, from whom re- ceived and how derived. Also a detuiled statement of all property hired or leased by the corporation or any department thereol, the term of such hiring, from whom hired or rented, desig- nating each plot, room or building respectively; stat- ing the location and size of the same and the annual of rental paid for each respectively, so far as infor. mation as to any of the above matiers can be obtained from uy books, documents, papers or records in the jon or under the control o: the said Comptroller; t the said Comptroller ve requested to transmit therewith a statement of his views as to whether the income of the corporation can be properly increased trom either of said so: rces, and 11 so in what manner; and as to whether the expenaitures of the city as to any property rented or hired by it can be properly de- creased, and if 60 how. DEBATING ADJOURNMENT IN THR SENATR. The Senate proceedings opened with a resolution offered by Senator Woodin that when the Senate adjourn to-day it be to meet again on Monday evening, February 28, and that when the Assembly adjourn it be to micet again Wednesday evening, February 23. Mr. Prince stirred up a little debate by protesting against the propos.tion that the Senate adjoura for ten days. ‘Since the time, he said, that Tweed ruled tho Legislature no such adjournment had taken place The virtuous anxiety of Prince ww behalt of the public interest, to deny the Senate ten days’ relaxation, met with a general rebuke, Prince, like many deloded members of the Legistature, ap- peared to have an idea that the people would go around cing maa if their representatives did not keep their noses to ythe grindstone through the whole session. If the people cared a button about expressing an opinion it would be that both bouses adjourn sine de and say no more about it Prince was defeated and the resolution was passed, carried to 1 Assembly and concurred in, and tho iatter body, agr able to their determination, will come together again | next Wednesday. A case of this kind, where ono house takes a longer recess than the other, has not oc- curred at Albany for many years. THE RKPUBLICAN CANDIDATES POR GOVERNOR. The republican Senators will need the entire ten days they have taken for a recess, The call for the State Convention will be issued in about a week from now, andthe business of politics will share as much attention as that of legislation. por and tl | | Oo | “Por khese reasune Tata of the ofan Yoon | Bieh in the ranks of the party. Cornell has pluck and | ed nomination for Governor lies between ex-Speaker ‘ornell and Senator Robertson, There is a somewhat remote difference between the two men, and both rate dash, and the metism that draws miscellaneous masses of men. Robertson is cool, suave and clear- headed, an adept in law and legislation, unswayed by impulse, and in most respects an admitable candidate for Governor. He lacks the warmth of party feeling | characteristic of Cornell. His instincts tend to conservatism in government, Robertson would never embroil himself in such @ quarrel with tho Senate as Tilden has brought about or as Cornell would be likely to engage in under similar circumstances. Cornell has idiosyncrasies; Robertson has none. safe, fair, upright and able Governor, Robertson would [teary * be the superior of any republican ag yet meationed In conmection with the nomination, and the @ RAT. The contest for seat in the Seventh Senatorial district of New York was decided to-day in favor of Gerard and the petition of Laimbeer was rejected. Senator Robertson reported the case from the Judiciary Committee, and ga Jucid and concise explanation of the point at issue, William Laimbeer and . dates for the office of Senator in the last election; that Laimbeer received some 7,000 votes and Gerard 11,000; tha by yirtuo of @ provision contained in section 8, je 3, all votes cast for Gerard were illegal, and that consequently Laimbeer was elected, Mr. Gerard had been aa inspector of common schools within 100 days of the last election, while the section of the constitution aliuded to provided “that no per- son shall be eligtble to the Legislature who at the time of his clection is, or within 100 days previous to his election has bee! officer under any city govern- ment.” Was ipector of common schools an offi- cer of the city government within the meaning of tho constitution? The committee thought not. The Inspector of the Common Schools of New York was a subordinate of the Board of Education. The Board of Education is not a department of the city gov- ernment; it is not among the departments enumerated in the city charter, but was created by special statute, It had been heid im the case of Hand bovine! the Mayor, &c., of New York, that the Board of Education was not a department of the city government of New York, but ao instrument of the State government. For these Teasons the committee had come to the conclusion that the Inspector of Common Schools of New York city is not an officer of the city government, There was a unanimous agreement with the report of the committee. LRGISLATIVE NOTES. A bill authorizing the presiding Judge or Justice of penta pe oo and Terminer to grant new trials was passed by the Senate, Senator Baaden took a whack at the Civil Justices Courts of New York in a bili to allow each Court only one cierk and assistant, the latter to act alse as court attendant, and reducing umber of stenographers to five, making one do the work of two courts, It allows the cler! yw appointed to remain im during the term of the present civil justices. Wherever in any crimimal action a party shail be entitled to a bill of exceptions it shall ho settied, | ding Judge of the court Ww a bill intro- where the action was tr duced by Senator Schoo: To make it lawful for ance company organi invest its fands in other States where it may be trans- acting basiness, is the object of a bill introduced by Senator Starouck. To give railroads the power to increase their fares beyond the legal rate per mile between stations ovly a few miles apart, and to allow conductors to charge ten Grand street ferry was reported favorably in the Assem- biy to day y Mr. Patten from the Committee on Com- merce and igation. Mr. Worth’s bill providing that State and county can- didates shall be voted tor on separate ballots pad also Teported favorably from the Judiciary Committee, THE CANAL BOARD. ALuany, Feb. 18, 1876, ‘The Canal Board to-day appointed the following Su- perintendents:—Section 1, Erie—M. McDonough; sec- tion 2, Benjamin Van Frauken; section 3, Charles Zeeloy ; section 4, Reuben C. Petrie; section 6, Joseph Faas; section 8, P. Jerome Thomas, Section 1, Cham. plain—James Doughrey; section 2, George Shannon; section 3, Jobn W. Ingalls, Black’ River—Sumuel Garman.’ Oswego—Section 1, Alexander Hammi:i, The Board has adjourned to March 1. Seven sections of the canal remain to be provided for, besides the collectorships, weighmasters, &, YALE ALUMNI ASSOCIATION. The monthly meeting of the members of the Yalo Alumni Association of New York, held last evening’ at Delmonico’s, on Fifth avenue, was numerously at- tended, comprising among those present some of the most brilliant representatives of the professions, art and commercial life—honored sons of Old Yale, cher- ishing deep and abiding love for their revered alma mater, This association, though of recent organization, has proved a great success, and the monthly reunions of its members are of the most pleasant character, Tn the absence of Mr, William M. Evarts, tho Presi- dent, the chair was occupied by Mr. Charles Tracy. After some preliminary reports showing vigilant ac- tivity on the part of the Executive Committee and a delightful monetary bealthfulness, a most pleasantiy entertaining account was given by General Jackson of the recent annual dinner of the Yale Alumni of Phila- delphia, The account was a feast of nectared sweets tseif, But tho intellectual treat of the evening was the reading by Mr. Sterne Chittenden of a metrical translation of the book of ‘Aineid,”’ being the recital of Queen Dido’s unbappy love aud death. The rhythm flowed with most felicitous smoothness, as will bo tho following description gf Rumor,” which ts ppropriate in the present day as in the time of Virgil:— Through Lybia's greater towns then Rumor goes, ‘The perfect ill, of perfect who grows, With facile ease, and as she goes ts found By going still to grow, tll from the ground Where move ler nimble feet she thrives apace. ‘The description of Queen Dido’s toilet is also very fine, poetically; but fails to show the splendor of fominine attire in royal vogue to-day. At length sho comes, of all the cynosure Rich tlowers inwrought in silk her cloak secure; Aud quoin gold her tresses gold confines Another clasp beneath her drapery shines. At the close of the reading Mr. Chittenden was warmly applauded and a yote of thanks given him. Shortly afterward the party sat down to a dinner,, gotten up in Delmonico’s best style. Here there was abundant epeechifying and toast giving and a eplen- didly social time altogether. THE HARVARD CLUB, The tenth annual dinner of the Harvard Club took place last evening at Delmonico’s. The banquet was ‘Spread in the large dining room, which was very hand somely decorated with bunting, The president of the club, Mr. Joseph H. Choate, presided, Professor Pierce’ and J, Freeman Clarke, ot the class of ‘'29, wero among those present, as were also President Kiliot, of Harvard Unt- versity; Dr. Bellows, Dr. Stone, United States District Attorney Bliss, Jaines C. Carter, Judge Howland, Everett P. Wheeler, William M. Prichard, Professor Chandler, Horatio Alger, Jr., and Peter’ B. Olney. President Choate made some brief remarks in a very witty vein, relating some interesting and humorous reminiscences of Harvard, after which a song, composed for the occasion by Frederick G. Ireland, and dedi- cated to Harvard University, was sung. | President Elliot responded in fitting terms to the toast ‘‘Har- vard,’’ aud was followed by Dr, Bellows, who responded to the toast ‘Our Alma Mater."’ J. Freeman C.arke responded to the toast ‘The Class of 20,” relating a pumber of humorous anecdotes connected with bis col lege life, ‘About eighty-five persons sat down to the dinner, CHARITY BALL, The preparations for the first of the grand Charity Balls proposed to be given on Staten Island are now complete, It will take piace at St. Mark’s Hotel, New Brighton, on Thursday evening next, and the proceeds ‘will go to benefit the 8. R. Smith Infirmary, at Tomp. kinsville, The lady patronesses of this ball comprise Mrs, John A. Appleton, Mra. Erastus Brooks, Mrs. John J. Cisco, Mra. George William Curtis, Mra. ©. Fellowes» Mrs. VU. D. Jewett, Mrs. D. Low, Mrs. Robert C. Min turn, Mrs. KE. C. Norvell, Mrs, George 8. Scofield, Mrs- James W. Simonton, thorne Tompkins, Mrs, Dwight T T, M. Rianbard, Committee are Messrs. C. C. Norvell, . Simonton and B. I, Kingsley Martin, itterlee, J. W. Wiman. The music will be by Grafulla, AUSTIN RUGG'S DEATH. PIGEON AND THE BURGLARS HE BETRAYED. Yesterday forenoon John Connolly and Peter McLain, who aro charged with having broken into and robbed vington, on Wednesday night, when their companion, Austin T. Rugg, was shot and killed, ag already an- nounced in the Heraup, were escorted in irons from Tarrytown to Dobbs’ Ferry by Constable Lawrence, village, A dense crowd bad already filled the court ,room » and the stairs leading thereto, all intensely anxious to see the desperadoes and to get further information in regard to their pro- vidential capture. On being arraigned the parties, through their legal adviser, waived examination, and were thereupon fully committed to await the action of the Grand Jury, 18 is understood. that the: District Attorney's office already contains an indictment against Connolly for highway robbery, which, for reasons not svated, hag never been produced against him in court, ‘There is a fecling of relief experienced by the resi- dents of Dobbs’ Ferry, Irvington and adjacent ne! borhoods since the shooting of Rugg, as they believe that le Was adangeroug man, equally member of the burglarious gang whose headquarters have long been known to be at Dobbs’ Ferry. De- ceased, while practising his occupation as an itinerant and in one case a civil action brought aguiuet him by the father of a respectable girl living at White Plains, for seduction, sent Rugg to the County Jail, where he spent six months of last year. It is now be- heved that he was the perpetrator of one or two recent burglaries at Irvington, and in (he immediate vicinity of where he was temporarily residing with his father. The latter, however, is said to be an honest, inoffensive man, who bas been sorely tried by the shameless and letter ;— Invinotox, Feb. 18, 1876. To tne Eprror ov tae Herarv:—, This morning’s Hexatp has a fuithfal account of the bloody affair at Irvington, but there are one or two things that need explanation, for my own sake as well as that of the public, My son has been em- ployed by Captam Mangin for some three or four months in working up others besides this fatal case. He urged my son forward under the promise of alarge reward. Policeman Redding has been at my house r itedly to my son into tl last affair, and wag at my house he night of the fatal mist half-past nine o'clock, to complete the ar- rangement to meet at Sullivan’s house, since which time I have neither seen nor heara from him, After getting my son into the trouble and killing him, it would seem proper that they should inform me and ex- plain how the matter happened at least. Mr, Willsea, after offering my son a reward to put upa job which ended in his losing his life, has not offered bis sym- pathy either by calling on meor by manifesting his willingness to see my son decently buried. It was not my wish or advice that brought my son to such a horrible death. I advised bim never to place himself in such a position un any kind of induce- ments whatever. On the evening of the tragedy when koew for the first time that Mr. Sullivan’s house was to be attacked, 1 begged him not to go, but he said Mr, Willsea and Mr. Taylor were in the matter and the police were to be. there, and there would no barm come to him; that he ‘was to get $150 tie next morning as a part of his re- ward, and that he would be home by three o’clock in the morning, At three o'clock @ notice came to me that my son was burt, + D. B RUGG. INDECENT PUBLICATIONS SEIZED. For a week or more complaints have come to Anthony Comstock, chief special agent of the New York Society for the Suppression of Vice, that Collins & Smail, of No. 6 Beekman street, were publishing an obscene paper of the date of February 9 He determined to stop them, and yes terday afternoon he procured a search warrant, issued by Juage Bixby, at the Tombs, im company with Detectives J. A Britton and R. Quackenbush aod Officer Yaeger, of the Twenty-sixth precinct, to the above number, where they arrested John B. Col- ling, publisher, aod Adolph Brethauer, his clerk. They also 8@ized 500 copies of the all obscene paper of February 9, and likewise suppri 4 the German edi- tion of the same, HOW SUSAN SERVED BRIDGET. cents to passe o fail to purchase tickets, a purposes of a introduced by Senator Peasior, Bradley tried to call up his resotuyon to adjourn sine die on his matali day, the 17th of March, bat tailed, There is no doubt but that the committee to investi. er case of Cavanaugh vs. Jacub« will report in favor of the latter The bill authori being entitled to the seat, izing the re-establishment of the Bridget Delaney, of No, 269 Tenth avenue, was as- saulted last night by Susan Cassidy, of the same place, with a smoothing iron and received a severe scalp also thrown down and her leg was Fimorea’ "shes was taken to Bellevae Hospital and Susan was locked up in the Sixteenth precinct station house, Mrs. C. H. Stebbins, Mra: Min- ‘ownsend, Mra. Jacob H. Vanderbilt, and about 200 others The Managing MORE ABOUT THE EAST IRVINGTON STOOL- | the dwelling house of John M. Sullivan, at East [r- | and taken before Justice Storms, of the latter | as bad as any | dentist, is known to have misled several youug women, | dissolute practices of bis son, He writes the following | A TRIPLE HA Three Sicilian Assassins Executed a} Once in St. Louis. THE LAST SCENES, | | Dastardly Murder of One of Theis Countrymen, STORY OF THEIR ACCOMPLICES. Sr. Louis, Mo,, Feb. 18, 1876, The execution of Dominica Danina, Antonio Catalana and Bastiano Lombardo took place to-day at the Foun Courts at five minutes before one P. M. The ghastly pro~ Cession moved out of the Jail into the rear yard, whera, the gallows stood. The doomed men walked each by the side ofan Italian priest and wore that rapt, un-| moved expression which showed that religious consola- tion had made them perfectly indifferent to their awful fate, They kneeled down, and the priests performed their office, The reading of the death warrants occa stoned a long, painful interval, during which a deathly silence reigned, Then Father Graziana said the condemned bad not ing to offer but thanks to those who had taken an im | terest in them, forgiveness to their enemies and nopd | that their own sins were forgiven by God. They had commended themselves to God and prayed that Ho might give them strength to die fearlessly, They asked all believers to offer a prayer for theirsouls. They then stepped on the boxes which had been placed of the trap to give greator height to the fall. Each word ‘a crucifix suspended about his neck by a black ribbon. Their arms were pinioned behind the back, and ther¢ they stood, erect, easy and apparently un terrified at the near approach of death. Thd dangling noose swung around under Danina’d | chin, and he looked through the spreads ing loop with unmoved expression of countenance; Lombardo turned his head aside slightly to avoid com« tact with the rope overhead. Seeing the awkward oc currence, the deputies held the ropes back out of thé way. While the men stood up on the boxes the priest¢ gave them their last consolation. The responses camé in rapid, frm tones, After A MOST PAINFUL SCENE of some minutes’ duration the men fervently kissed the crucifixes and the last prayer was said, The black caps were adjusted, and at tours teen minutes past one P. M. the slender cord that sustained the trap was cut, and the three motion< less figures dropped like lead. They twisted round once, Lombardo was dead in four minutes, and thd two others, alter @ most painful straggle, died a minuté later. re A DASTARDLY MURDER. The victim of the men who were hanged (Francisca Palermo) was a lemon pedier. Accounts differ as ‘the character he had borne, some stating that he was @ temperate, quiet young man, while by others he was characterized ag a desperado. There had been threatd between Palermo and his foes some time previous ta the murder, On the 13th of March Palermo was om bis way up Broadway solling lemons. He had passed Angelica street, and was reiurning, when he was sud denly assailed by shots trom bebind a fence, on th west side of Broadway. fee fled across the street, drop: ping bis basket on the way. He was about to take refuge in a lumber yard, just opposite the first ai bush, when two or three finshes, accompanied by lou: reports, came again from the east side of the street, The young pedier changed his course, ran a short dis« tance down the east side of the street and fell dead. _ At the same time people passing saw the figures o+ | men rapidly fleeing from the scone. The assassins es- | caped for the time, apd were hiding on the Illinois | shore. One Santo Magiio was suspected {rom the first, and a few days aiter the murder bis wife was follows trom her boarding house across the bridg@ to East St. Louis, where she joined her husband and four othet Sicthans, Angelo’ Russo, Dominica Danina, Bastiang Lombardo and Antonio Catalano. They were arrested, | At the Coroner’s inquest all made partial confessions, At 5 THR TRIAL. The indictments against Santo Maglio and Angel@ Russo were dismissed, and they were used as witnesses for tho State, Maglio is an extremely handsome young man, and told his story with apparent truthfulness, He | testitied:—I was born in Palermo; I know Dominica Davina, Bastiano Lombardo and Antonio Catalano; I have known them since | came to St. Louis; | knew Francisco Palermo for six years; Dominico Danina | was with me on the morning Falermo was shot; we were bebind the fence on the west side; Lombardo and Catalano were in the lumber yard; we went behind the fence to wait for Paiermo and shoot him; 1 had @ conference with Lombardo and Daninj avout the killing of Palermo; Catalano was pres- | ent; the consultatfon took piece a week before Palermo was killed; the nature of that conference was | that, inasmuch as Palermo had threatened to kill them, came their daty to kill him; Dominico was the who spoke thus; I wasn’t boarding with Lom- bardo or Catala Catalano, Lombardo and Dapina met at No. 810 Wash street, where I was living, on the | morning of the shooting; is was avout half-past five o'clock; when they came to my house that morning they gave me @ pistol, and said, “To-diy Franci must die; if you don’t come we will shoot you;” J went with them; we walked on the street ronning parallel with and next to Broadway, so that Palerme would not meet us; we went to kill bim; we met Palermo atthe car stavles on Broadway about half-past seven o'clock; this was about the jumber yard; when we saw Palermo, two went behind the) fence and three into the lumber -yard to shoot him when he passed down; Dominico Danina caught hold of me and told me | to go logne side with bim; Catalano, Lombardo and | Russo.tdok one side, Dominico and myself the other; | Palermo was coming down as we divided; when Paler: mo came down to whero we were Dominico said to me, ‘Shoot, or I will shoot you; Domimico had « } pistol in bis‘ hand when he suid these words, and | pointed it at me; when I shot I held it in both hands; idid not take aim, if I had I would have shot bim; + when we shot at Palermo he crossed over to the other } side; Catalano, Lombardo and Danina lived together tn | the same house; Russo lived alone on Biddle street; Palermo had nothing in the basket when he passed us; he did not fire at | CONFIRMED ASSASSINS, | Angelo Russo, @ veritable assassin in appearance, | testiied as follo Tama Sicilian by birth; Lombardo, Catalano and Daamma are Sicilians also; | knew Fran- cisco Palermo; he was a Sicilian too; I knew him in | New Orleans about six years ago; Palermo came to St. Louis atter me; then Catalano, Lombardo and Danina; the three |ast namea had a conversation with me con- ‘alermo about a week betore he was Killed; Palermo was — them with a shotgun, and that tbey had to kill him; Palermo wanted to make friends witn Catalano, Lombardo and Danina; the plot for killing him was formed on the Friday night before he was killed by Santo Maglio, Antonio Catalano, Basti- ano Lombardo and Dominice Danina; Lombardo and Catalano wera in the lumber yard. [Witness identified the pistol he had on the morning | of the ont | 1 saw Santo Maglio and Danina behind the fence on | the opposite side of the street; 1 threw away my pistol | after the shooting; it was loaded; | can’t say what kind of pistols the others had; 1 was frightened; I coyjd seq the flash of the pistols when the shots were fired; could not say how near they wore to Palermo; Palerm had a sma)i pistol in his basket; I did Bot see any other; | I saw bim put his hand in his breast ket, but what to do I didn't know; he had this small pistol in his jeft hand when he came across the street; Parse knew Pal- ermo in New Orleans; his character is bad; he was known as an assagsin in New Orleans; he had threat. ened to kill the three prisoners, Catalano, Lombarde and Danina; I do not know whether Catalano wanted ta make friends with Palermo; nine days before he was killed Palermo came to me and said that he intended ta kill the prisoners; Palermo wanted to make peac with Cataano, and Catalano with him, byt the oth did not want it; Santo Maglio was not the means of preventing this reconciliation; Palermo always carried concealed weapons; I knew ou that Saturday morning that Palermo wanted to kill the defendat it was un- derstood by these men that Palermo was going to kill them; I saw Palermo with a gun before that; he did notsay whether ho was goingto kill them or not; Palermo did notsay thatbe would kill them because he thought that they would be witnesses against bim for kiiling bis uncle in New Orleans; the prosecuung attorney told me that I would get free if 1 would turn State’s evidence, The defence had no evidence to offer except some with reference to the desperate character of Palermo. The jury brought in a verdict of guilty after being o | { } | i | | } 1 two hours. Strong but unavailing efforts forsomm tation were made ny kindly disposed fhen an womgn to tho scaffold Catalano and Danina mi leaving their small effects to their famili Both had wives and childre: oe they were compelled to fi in the old country, wi on account of crimes, eigptteemnimncenpememten THE OLD GUARD, This afternoon a detachment of the Old Guard wih start for Charleston, 8. ©., to participate in the celebra- tion of Washington's Birthday, The party will leavo ip the steamer Champion, at three o'clock, from the foot of Murray street, and will be under command oj Gershom B. Smith. Among the detailed force’are Cap- tain Gas Fuller, General Whitfold, Lieutenant Colonel Joe Torrey, Captain James Nolan, James Bag- ley, Lieutenant Fred Beales aud Captain Jack Mart) During their sojourn in Charleston will be the guests of Washingt ight Artillery and the city au- thorities. They will also visit Savan Ga, where they will be the guests of the Savanoch Blues and the authorities of that cy,