The New York Herald Newspaper, July 6, 1876, Page 8

THE COURTS. | Important Decision in the Austrian Extradition Case, SRLS eA MORE EXTRADITION COMPLICATIONS Raising Same Points of Defence as in the Case of Winslow. Another Decision for Jay Gould in the Black Friday Suits. oe Leopold Nettel, whose extradition is demanded by Yhe Austrian government on a charge of forgery, Was drought up yesterday before United States Comunis- Hioner Osborn, The case has been uuder examination for several weeks past, resulting in the decision of the Commissioner remanding Nettel to the custody of the Marsha! to await the issuance of a warrant of sur Yonder from the Executive Department at Washington, ‘The prisoner has been ably defended by ex-Judge Joa- Ehimsen, assisted by William N, Loew, the Ausirian Joverument being represented by Mr, Edward Salo- non. Nettel was a linen manulacturer at Trautenau, Bohemia, in Austria, In January last be arrived in Yhis city and assumed the naine of Ignatz Richter, his Jon, who was his travelling companion and who was arrested with him, taking tho namo of Frederick Richter, Nettel, alias Richter, had been here but a short time when the Austrian Consul at this port re- ceived a cablegram as follows:— Arrest Leopold Nettel. Charge, fraud, larceny, fory 70,000 florins on Alois Haase aud others, and extradite. Nettel was subsequently arrested on a warrant issued by Commissioner Osborn on the complaint of Hugo Fritsch,the Austrian Consul, and bis examination on the documentary testimony forwarded from Vienna and Prague has occupied several sessions, Tho testimony being wil in and argument of counsel presented to the Court, ex-Judge Joachimsen moved to dismiss the complaint ou the ground that there was no evidence of the existence of the Austrian law ombracing and de- Sining the offence of forgery, and, further, that thero was no evidence that the offence of forgery recognized by the treaty bas been committed, as furgery has been defined by the Austrian law of 1866 when the treaty was made; that proot under the treaty with Austria must be coniined to such proof as was required by the act of 1848, in force when that treaty was made, and ery peither party has a right to change the obligation of the treaty except by treaty; that the treaty of 1806° in speaking of evidence of criminality meant such evideuce as was then required to be given, und no subject of Austria could be allected by any sub- sequent legislation any more than the Austrian govern- ment could be so affected, and that the Revised Statutes of tue United States, as well as the act of 1860, makes the authentication of papers permissible to allow them us evidence, but their eflect ax eviaence is no greater than would be exemplified documents or depositions under the act of Congress, and the courts ve the right to determine what 18 legal testimony from the depositions themselves, On these pots the Commis sioner holds: first, as to the proof of the existence of the Austrian law defining forgery, the proposition 13 untenable, because the language of the treaty at the lime itawas concluded embraced the word “forgery” the other crimes enumerated herem, which if proves such a crime to have existed ‘on the statute books of the respective countries recognized as such; second, the linguage of the treaty—to wit, he Evidence of Crimipanty’’—means such evidence as the practice of the courts of this country establishes from time to time without the limitation inentioned in the uct of 1848, except in so far as written or docu- mentary evidence shall be considered; third, that case of Joseph Stuppf (12 Blatchford, pages 401 the Court held that the act of 1860 was not af- id by the Revised Statutes of the United States, and was not embraced in section §,271, which revised e uct of 1848 only, und theretore decides that the dep bsitions and papers authenucated as required by law Are not only to be received in evidence, but are io be tonsidered and made evidence th extradition cases, al- though their value as evidence im a proceeding i ‘our American courts for offences committed kere wight be nportance, and be excluded, — perhaps, ease ny regal lostimduy, notd ng jongress has tho right to determine what shall ve idence in the courts of the couutry, provided such ot contlict with the cogstitution, and © wet of 1860 making the depositions and y authenticated evidence in this case, and the nony ax to the comparison of hand- Writing which wus argued as uot admissible in crimimat cases, 18 by virtue of such act admissible evidence in this case. As to the questions on the merits of the ‘case, on the principle set forth and adjudged in the case ot Josepn Stuppt, the commission is of opinion that there is sullicient evidence to warrant the commitment of Leopold Nettel for extradition on the charge ot forgery, embraced in tho complaint of the Austrian Consul, and hereby commits the said Nettel to the cus: tody of the Marssal tor the Southern District of New York, to be by him held tilla warrant of surrender shall be issued trom the Executive Department of the government, or shall be otherwise dealt with accord- tng to law. JAY GOULD VICTORIOUS. A decision was given yesterday by Judge Lawerence $n the suit brought by George Chatterton agamst Jay Gould and others, being one on the mterminable list of Black Friday suits against the defendants. Tho plaintilf charges that the defendants’ broker bought from him on the day before Black Friday $170,000 and failed to settle with him, the result of which, as alleged, was a Joss of $50,000, and Pudge Lawerence gives judgment for | the defendants, sustaining their demurrer. He holds that the complaint was defective in not averring that jarntifl tendered of offered pert his part to the defendants, peyers; second, tt y is not suiticie e inability to effect clearances through the Exchange Bank, 1 the detenc no, does Hot excuse an oifer of performance on ‘s part, nor does the tact that (he bank wag un- lc to do the business tendered. to it put the defen- nts in default; and fourth, the notitication trom Speyers asco his inability to carry out the contract arto me to felicve the plaintiff irom ap- r eto periorm. Meantime permission is given to the pluiuutt to amend bis complaint. ASSESSING TY PROPERTY. The old suit brought by A. J, Muller, one of the par- fies elected in the days of the “Ring” régime to ap praise the city property, still Keeps up its legal ex- istence. The suit brought im the Supreme Court to recover $15,000, which Mr. Muller claims as his share for assessing city property, apd in which $3,000 only ‘was allowed by the Comptroller, was tried berore Judge Lawrence, in Supreme Court, Circuit, and re- sulted in a verdict for $5,863 66 for the piaintif. This ‘Was not satisfactory, and an appeal was taken on exe ceptions, The city served amendmeuts substituting more of the stenographic minutes, Ona motion to. setile the case Judge Lawrence held that so much of We stenographers’ minutos as aro necessary for the purposes Of appeal should be inserted, aud therelure orders the case Lo be settled accordingiy. SUMMARY OF LAW CASES. Thomas Clarke Luby, of Fenian renown, took out bis Paturalization papers yesterday in the Superior Court, Judge Westbrook, finding the Supreme Court, Cham- pers, room too hot for tho heated teri, will hold the sourt in Part 1, Superior Court, Cireuit, Arthar Marsden, who belongs to the Eighth regiment, third, that the allegation iol plain Sational Guard, obtained yesterday through bis coun- | sol, Mr. William F, Howe, a writ of habeas corpus from Judge Westbrook, tn Suprome Court, Chambers. The Writ is made returnable. The plaintid is contined in Ludiow Street Jail for non-payment of §42 fine imposed by a court martial for failure to artend regimental drill fe claims that the imprisonment ts illegal, being un- bic at the timo to discharge his regimental duties, GENERAL SESSIONS-—PART 1 Before Judge Gildersiecve. OPENING OF THE JULY TERM, The July term of the Court of Genoral Sessions was formally oponed yesterday, Judge Gildersiceve presid- fing on the bench. His Honor, in delivering the usaal charge to toe Grand Jury, called attention to the re- quirements of the statute, and pointed out the nee sity Of exercising great care sod discretion in sitting and determining upon We mass of evidence that would ‘be brought velore them. He warned them not to ind t¥ on mere hearsay evidence, but oniy on dence as would warrant them in doing so if gas regulur jurors, for it was better should escape than be wronglully pun- ut the In conclusion, Judge Grand Jury ‘on the to the dersieeve congratulated Phat there was not much business for them to transact suring the preseut term. GRAND LARCENY, BsPhus Falk was jointly indicted with Jonah Gold jdt and Daniel Wemor for stealing the sum $660, \he property of an old couple named Joseph Mina Fotber, residing at No. 712 Sixth street > From the evidence adduced it appenred that Falk, Gold schmidt abd Weiner, being on termes of acquarntay sch break open a box ables ou the evening of the Vib of Juve, Valk . | | | | | | battery ; | came highly indignant, ordered the sergeant to appear str | William Ash, No. 625 West | down by asteamer im the river, and another young | drowned. The prisoners were held for trial. NEW YORK HERALD, THURSDAY, JULY 6, 1876.—WITH SUPPLEMENT, to escape by becoming State’s evidence and pretending innocence; but at the Police Court Justice Morgan re- jected his proposals, and he was committed for trial. Feiber and his wife are each nearly eighty y age, worn and infirm, and the loss fell heavily 1b ‘The prisoners are young men, and Falk has some pretensions to dress and intelligence. He 18 @ Russian, and was at one time indicted for counterteit- ing. He claims to have been lately in the secret we! vice of the Customs Department. Fetber und his wife were ¢ach examined as to the manner in which the larceny was effected, Falk and Goldschmidt wero anging sround during the evening, one or the other keeping the old couple engaged in conversation, while a third was left to force the box or trank. However, the apprehensions of the’old man were easily excit and on going to his trunk he found that his money w: stolen. He became almost distracted, and, notwit! standing the lapse of time, yesterday on hobbiing to the witness stand, he almost shricked 1 bis emotion while rendering bis te: . Goldschmidt pretended on the evening in question to come tor a message or parcel trom tho Feibers, to bring to Philadelphia, where they had ason. He bad been there previously several times. Weiner and Goldschinidt_ appeared to be acting under the influence of Falk, who on the discovery of the plot tried artfully to extricate himself. ‘The ease of the defence rested on a siender foundation. Tho circumstances pointed directly to the guilt of the accused, and in his examination he admiited baying received $130 of the spoils and hav- ing watched tor the others while they Ngaged in the larceny, Judge Gildersleeve reviewed the evidence, briefly directing attention to the strong features of the (estiumony, und the jury rendered a verdict of guilty, Falx entenced to the State Prison for four and a half years, The two other prisoners, Gold- smith and Weiner, then withdrew their plea of not guilty and pleaded guilty. They were each sent to the State Prison tor three and a ball years, PLEAS AND SENTENCES. James O’Brien pleaded guilty toa charge of breaking into the premises No, 322 East Twenty-sixth street on the 26th ot June and stealing @ pistol. He was sen- tenced to two years and a hall in the State Prison. Thomas McKenzie pleaded guilty to the charge of beating Catharine Mekenzie on the 28th June at Fifty sixth street and Tenth avenue, and was sentenced to six months’ imprisonment, DECISIONS. SUPREME COURT— CHAMBERS. By Judge Donohue. Fowler vs. Farley,—Granted. Memorandum. In the matter of Newman.—Granted, Canooue vs. Leicht.—Detcndant has leave to answer. Judgment to stond as security. Seaver vs. The Mayor, &c.—Mel By Judge Law: The Union Consolidated Mining Company, &., vs. Rabit.—7he stipulation on the purt of the defendant to appear having been withdrawn, I think that justice re- quires that the plaintif’ should have a stay, The stay will be granted upon tho execution of an undertaking, | with tw® sureties to be approved ot by the Court, and to justify m double the value of the property attached. SUPREME COURT—CIRCUIT—PaRT 2. By Judge Lawrence. Sullivan vs. Watson.—Mouon tor a new trial denied, Mewmoranduin. SUPREME COURT—cIncUIT—PART 3, By Judge Lawrence, Muller vs. The Mayor, &c.—Memorandam. SUPREME COURT—SPECIAL TEEM, By Judge Van Vorst, Therrassen vs, Worth et al..—Issues directed to be framed, See momoranaum. By Judge Lawrence, Barnett vs. Barnett.—Judgment for plaintiff of fore- closure and sale. Opinion, Richardson et al. vs, Johnson et al.—The domurrer of the plaintif_s to the answer of the defendants is ove! ruled, with costs. Opinion. Rauney vs, Fischer et al.—Judgment of foreclosure granted io the plainufl, Chatterton vs, Gould et al.—Judgment for defendants on demurrer, with leave to plamtif to amend on pay- ment of costs, Memorandum, SUPERIOR COUKT—SPECIAL TERM. By Judge Curtis. Sophie Von Gemmeren vs, August Von Gemmeren — Report of referee confirmed. Judgment of divorce granted Lo the plaintiff Meath vs Tilton et al—Motion granted, with $10 costs. rangum. By Chiet Justice Monell. Cobb vs. Knapp.—Case and exceptions settled. In the matter of the petition of Angel, &c., va, The National Citizens’ Bank. —Order settled, COMMON PLEAS—SPECIAL TERM. By Judge Van Brunt, Reimer vs. Adolphi, Kc —Cage settled. Budiong ys. Speilioan.—Motion denied, with $10 costs, See memorandum, The Mechanics and Iraders’ Bank vs. The Mayor, &c.—See opinion. By Judge J. F. Daly. Mordecai vs. Wetmoré—Mot'on for now trial de- | nied, with costs, See opinion. By Judge CP. Daly. Ben ve at ve Hughes —Jddgiient (oF plainti®, see opinion. Stuyvesant vs, Browning.—Judgment for plaintiff Sea opinion. FIFTY-SEVENTH STREET COURT. “THE FINEST POLICE,’ &C, Before Judge Kasmire, Patrick Rielly is a poor laborer, beneath whose hum- bie waistcoat beats a warm and charitable heart Among those who enlisted his earnest sympathy is a Woman whose name is unknown and who has for some time past been sinking under a grievous diseaso, See- ing her gradualiy grow worse Patrick determined to take her to the hospital With this object he hired a wagon anu drove her to the Roosevelt Hospital, where the doctors having examin@l her pronounced her in- curable, and, for this reaxon, declined to recetve her. He was directed by th to go to the Twenty-second prev:nct station house and ask the sergeunt in charge | to telegraph for an ambulance, that she might be | sent to the proper hospital The acting sergeant, Weaton, inxtead of doing as in duty bound declined to be ‘bothered’ with the matter. Koilly, naturally in- censed, persisted in his demand, when the sergeant tola him he was getting impertinent and ordered his arrest on a charge of having driven a wagou without 4 number on it, thus violating one of the city ordinances, Reilly, overwhelmed with surprise at finding bis benevolent act construed intu a crime, meekly sub- mitted, and was led away to jail. The’ woman, whose Life was fast ebbing away, was left all this while in a miserable box wagon. Reilly was arraigned at this Court, On hearing the above facts Justice Kasmire be- im court, then dismissed Reilly and severely rept manded ¢he sergeant, saying that such utter heartless- ness was wholly unparalleled. POLICE COURT NOT¥S, One of the sad accidents of the Yourth was the | shooting through the head of Ferdinand Schiff, astore. | keeper, who was sitting in front of the premises No. 849 Second avenue. Two voys named Charles Smith and Joseph Lambert were arrested on a charge of hay- ing done the shooting, as they were seen firing off pistols {rom the opposite roof, They were committed to await the result of the weunded man’s injuries, James Morrissey tried to tap the till of William J. Carroll, No, 954 Third avenue, and when arrested had a loaded revolver and an open knife in bis possession. At the Fifty-seventh Street Police Court yesterday he was committed to answer in deiault of $500 bail Willam O'Conner, charged with threatening to shoot Robert Gordon, No. 708 Second avenue, was sent to tho Isiand icr one by Justice Kasmire at the Fifty-second street Porico Court yesterday. Wiiltam Anerson, a Swede, was found in the unoceu- pied private building No, 370 Lexington avenue, at pre ent undergoing repairs. His actions were very curiou and Ue Was arrested on suapicion of being the person who somo time ago stole about $800 worth of lead piping. At the Fifty-second Street Police Coyrt yester- | day Justice Kasmire held Lim to answer tn default of Ny was charged at the Fifty-seventh 4 Police Court yesterday with violently assaulting | Fitty-first street, It is | His assailant wus beld to ‘8 injuries. harged with assaulting Louis Sixteenth street, with braas No complaiuaut appearing he was dis- thought that Ash will die. await the result of As! James Cosgrove w Downing, of No, 205 Donnelly, carpenter, seventeen years old, of No. 413 West street, and Peter Maloney, aged twenty- two, a longshoreman, of No. 3963, West street, were held (or trial at the Washington Piace Police Court tor Stealing 900 pounds of rope owned by Donais Mahony, of No, 334 Cherry street. The prisoners were seen to have the stolen property m a rowboat at the foot of Perry street, by officer Warren of the Ninth precinct, It has smce been ascertained that the boat was run man, who was with Donnelly and Maloney, was COURT CALENDARS—THIS DAY. Svrxxne Covat—Cuamnrrs—Held by Judge West- | 49, 68, 85, 88, 115, 116, 128, 142, | ), 171, 184, 188, 191, GENERAL ‘Sksstons—Part 1—Held vy Judge Gildersloeve. —The Peuple vs, Frank Hickok, rob- bery; Same vs, Ludwig Newsel, felonious assault and we vs Robert Smith, felonious assault and battery, Sawe vs. Julia Chezel, grand larceny ; Sam mith, forgery; Same vs James * ; Same ve. George Mason, sedomy: Same v y Leary, petit larcency; Same Vhite, burglar, MeManus and Charle HH. Russell, Jobn Ev Same vs. Mary Anu Hagan and Ann Meaia, grand lar ceny ; Same vs, Louis Brown, grand Jareony. UNITED STATES SUPREME COURT. SUITS YOR PERSONAL INJURIES—WHEN EXEM- PLINY DAMAGES ARE PROPER—CONDITIONAL GRANTS TO RAILROADS —FORFEILURE MaY BE DECLARED BY LEGISLATION Wasmixorox, Jaly 5, IST The Supreme Court of tho Uniteu States have clared opinions in the following cages: — dee ’ the injury received by Mrs. Arms by reason of a colli- sion of the defendant's train of cars, upon whieb she wos a passenger, with upother train upon the same track Moving in AD Opposite direction, which resulted: in a verdict and judgment for $4,000, ‘The plaintilfs in error insist that they were severely Cealt with in the Court below, and tiuat they are entitled to recover in this Court. The bill of exceptions discloses this state of facts:— Mrs. Arms, in October, 1870, was a passenger on de- fendant’s train of cars, Which while running at a rate of speed of fourteen or fifteen milos ap hour collided with an engine on the same track, ‘Ihe jar occasioned tbe collision was light was more of a push than a shock. The fronts of the two engines were demol- ished and a pew cugine removed the train. This was ali the testimony offered by either party as to the character of the collision, but there was evidence to show that Mrs, Arms was thrown from her seat and | Sustained the injuries of which she complained. After the evidence had been submitted to the jury the Court gave them the following instruction :— If you find that the accident was caused by the gross Reglgence of the defendant's sevwants controiling the train, you may give to the plaintil primitive or exemplary damages. The Court doubtless assumed that the mere fact that two railroad trains collide 13 ipso facto evidence of gross negligence on the partof the cmployés of the company, justifying the amount of exemplary dam- ages; for a collision could not well vecur under less ag- gravated circumstances or cause slighter injury. Neither train wus throwo from the track, and the ef fect of the collision was only to demolish the fronts of the two locomotives. It did not produce the “shock”? even which usually happens in case of a serious col- Usion, The train on which Mrs. Arms was riding was moving at a very moderate rate oi speed, and the other train must have been nearly or quite s(a- tiovury, ‘Thero was nothing, therefore, save the act tbat a collision happened — upon which to charge negligence upon the company. This was enough toentitie Mrs, Arms to full compen- satory damages, but the inquiry is whetber the jury bad a right togo further and give exemplary damages, Itis undoubtedly true that the allowance of anything more than ap adequate pecuniary indemnity. for a wrong which damages in civil suits are awarded; but altnougt, as a general rule, the plaintif! recovers a mere compen: sation for his private injury, yet the doctrine is too well settled now to be shaken thas exemplary damages may in certain cases be recovered. As tbe question of intention is always material i an action of tort, and as the circumstances which aggravate the transaction are, therelore, proper to be weighed by the jury in fixiwg that compensation, it may well be considered whether the doctrine of exemplary datnugcs cannot be reconciled with the idea that compensation alone is the ineans of redross, But jurists have chosen to place this doctri on the ground not that tho sufferer is to be reco! pensed, but that the offender 1x to be punished, and although the soundness of it bas been questioned by some text-writers und courts, 1¢ must be ac d the general rule in Evgland and in inost of the St of this country. It being insisted that where the gross negligence, exemplary “damages may be 18 cOV- ered, and that there was gross negligence in this caso In permitting the collision, the court say thu: Toss negligence is a relative terin. It 18, doubtless, to be understood as meamiug greater Want vf care than 1s imphed by ordinary negligence, but after all it means the ubsence of the care that was requisite under the circumstances In thie sense the collision in controversy was the result of gross negligence, because the employés of the company did not use the care that was required to avert the accident. But the absence of this care did not authorize the jury to visit the company with damages beyond the limit of compensation for the injury in- flicted. ‘Todo this there must have been some willul inisconduct or that entire want of care which would raise the presumption of a conscious indifference to consequences, Nothing of this kind can be tmputed to the persons In charge of tho train, and the Court, therefore, misdirected the jury. Reversed. Mr. Jus- tice Davis delivered the opinion, ‘Case No. 118, Western Union Telegraph Company vs. Eysor, from tne Supreme Court of Colorado Territory, is ulso disposed of by this opmion, In that case gross negligence was charged in putting up a telegraph Wire, in consequence of which Eysor was injured. No. 164. Elon Farnsworth and Edward P, Cowles, pellants, vs. ‘Ihe Minnesota and Pacific Railroad Company, the St. Paul and Pacitic Railroad Company, the First Division of the st. Paul and Pacitlc Rauirowd, the Stillwater and St, Paul Railroad Company, tho Northern Pacific Kaliroal Company, Zdmand ‘Rice, trustee, &c.; Horace Thompsot trustee, &6.; George LL. Becker, trustee, &a; William G. Moorhead, trustee, &c.; Samuel M. Felton, trustee, &e. ; Jay Cooke, trustee, &e., and J, Edgar Thompson, trustee, &c.—-Appoal from the Circuit Court tor the district of Minnesota. —he facts aud principles of law in this case are sufficiently stated in the following syllabus:— On the Sd of March, 1857, Congress passed an act granting ce “tain lands in the Territory of sinnesota for the’ purpose of aiding in the construction of severai lines of railroad between different points in the Terri- tory. ‘The act declared that the lands should be ex- clusively applied to the construction of that roaa on account of wiich they were granted, and to no other Purpose whatever, and that they should be disposed ‘of by the Territory or suture State only as the work progressed, and only in the manner foilowmg—that ig to say, A quantity of land, not cxeveding 120 sectior Jor each of the roads, and included within a continu- OUS Tenyth of twenty tinites ofthe Fonds, Mgnt Do sond, phe Corouenis Olga —- ea rhs and when the Governor ot the Territory or the future State should certily to the Secretary of the Interior that any continuous twenty miles of any of the roads were completed, then another like quantity of the land granted might be sold, and so irom time to time until the ruads were completed, Held, that the coustruction of portions of the road on account of which lands were granted, as thus desty- nated, was a condition precedent to a conv.yance by the Territory or future State of any of the lands beyond | the first 120 sections, Accordingly an act of the Terri- tory transferring to a railroad com these jands in advance ‘of any work on only conveyed title to the first 120 Where a grant of land and connected franchises is made to a corporation for the construction of @ railroad by astatute, which provides for their forfeiture upon failure to perform the work within a preseribed time, the forfeiture may be declared by legislative act with- out judicial proceedings to ascertain ana determine the failure of the grantee, Any public assertion by legis- lative ac. ot the ownership of the State after the de. fault of the grantee, such as an act resuming control of the road and franch propriating them to par- ticular uses, or granting them to another corpor: to perform the work, is equally eflective and operative. Decree below affirmed, Mr. Justice Field stated the | case and delivered the opinion. COLON E's CHILDREN. Yesterday a writ of habeas corpus to produce Lilly Price, nine years old, the daughter of the Inte Colonel Walter W. Price, in court, was made returnable, Mrs. ©. B, Price was divorced trom her husband, and now that the Colonel is dead she seeks to obtain possession ot her Little daughter, ‘The two daughters of Colonel Price, Nelly and Lilly, are both deaf mutes. A fortune of $50,000 was left’ to Lilly by the Colonel. It ts ciaitmed by the counsel for the detence that Mrs, Price is not a proper persou to care for the children. The papers were taken by Judge Pratt and decision re- served. L PRIC PO’ Francis Fox, of No, 230 West Forty-sevemth street, hired Patrick Gallagher to peddle potatoes for him, and ‘sent bim out with four barrels, valued at $14, anadahorse and wagon. A few days afterward the horéo and wagon wore returned by & sifange mun, but no tidings of Gallagher or the potatoes could be obluined. On Tucs- day night, however, ho was arrested by Officer Raloigh, of the First’ precinct, on a charge of em- bezzienient. He was taken before Justice Murray, at the Tombs Police Court yesterday, and committed for trial in default of $500 bil, TERS, Wilham Caddel, who keeps an oyster saloon at No. 18 Dover stroet, was arraigned before Justice Murray, | at tho Tombs Volico Court complaint of Michaol Crowley, an engineer, of Utica, N. Y., who came to this city tv spend the Fourth, He went into Caddel’s place to getsome oysters and says he handed the deteudant a fitty-doilar bill Im paymeut. yesterday afternoon, on | The taiter, he alleges, passed it to another man who was in the place at the time. This third somevody left the store with the money and hay not since been seen, Caddel denied the charge or that he was acquainted with tho third man, Hv was re.wanded tor further cx. amipation. TO FORGIVE Patrick McCarthy and Patrick Malone, two Irish laborers living at No, 213 West Thirty-cighth street, wore arraigned before Justice Smith, at the Washing- IS DIVIN tou Place Police Court, yesterday, charged with disor. | | derly conduct by Uticer Regan, of the Twentieth pre- red with | cinct, MeCarthy’s head was completely cot bandages and 113 face was wnetwork of Kears and cuts, Judge Smith said eCarthy, who ornamented your head im this fashion?" arthy—"l’at Malone's wile. ”? “What made ber do so 7"? ell, Your Honor, me and Pat had a difMculty, ana she up with the beer pitcher and hit me; and a fine looking head she put on me, tod’ “otbecr, Why wasn’t this wornan arrested? MeCariby—"1 wouldn’e m: aby complaint against her. “Why not?” “She Jauge Smith— Ma) “it in the woman.” Juuge Smith—“OMeer Regan, did the prisoners re- sist you in any way?” Onicer Regaa—"They wor as quiet as lamba.” Jodge Smith—“You are both discbarged.”” Malone (staking MeCarthy by the band)—“Pat, be me sow! you're a hdro, BASE BETRAYAL. like your spirit.” asalline wiie's fault The divil was At two o'clock yesterday morning Officer Tiebel, of | the Eighth precinct, brougus to the Eighth precinet station, in Prince street, a girl named Minnie Selig, aged twenty years, who had claimed his protection, Sue intormed Captain McDonnell that she lived with ber father, at No. 103 Elizabeth street, and that while witnessing the display of fireworks in Union square sho was accosted by a Cuban, who, under the pretence of seeing er home, brougut her to the Nouse No, 151 Mercer sirect, Where fe anda negro outraged her. uilered ig & great departure from the principle on | on | | | Tuesday evening, several members of tho Grand Army Captain McDonnell and Detective Murphy at once pro- ceeded to the house, and found the door of the room into which she said she had been taken locked. They burst the door open and found that the men had fled. The girl suid they bad given her some lager beer. which was drugged, On inquiry Captain McDonnell and Detective Murphy ascertained that the parties im- plicated in the cri:ue were Charles Paterson, a Cuban, aged twenty, and John Mapson, a negro, aged twenty- five, both employed as waiters’ in a restaurant at the corner of Tenth street and Broadway. Captain Me- Donnell arrested Paterson and Detective Murphy ap- prehended Mapson, Heth prisoners were fully idepti- fied by the girl,.who is the adopted aaugiter of Mr. J. Sehg. The prisoners were arraigned before Justice Smith, at the Washington Place Court, yesterday morning, and remanded until the afternvon. 10 order that Police Surgeon Doran should t During the afternoon session a formal complaint was taken and both prisoners committed for trial in default of $1,000 baileach. The girl was sent to the House of Detention for witnesses, CAUGHT AT LAST, Louis Keeling, # colored waiter in the boarding house of Mr. Henry Montague, No, 138 Fifth avenue, was arraigned before Justice Smith, at the Washington Place rolice Court, yesterday, for stealing a quantity of property from Mr. Montague’s residence. During the last eight months property valued at $1,200 has been stolen from Mr. Montague's residence, Several female servants were discharged on account of the rob- beries, but no suspicion rested on Keeling. On June 1 an embroidered rowing shirt, owned by M. L. Marks, was stolen, and on June 2% jewelry valued at $200 was stolen from the room of M. Casimir Verley. Detective Reilly, of the Central Office, waa called tn, his investigation learned that M. Verley, on leaving the house in the morning, had informed the house- keeper where he had placed the key of his dressing case. Keeling was standing at the foot of the stairs at the time and heard what M. RES said, The detec- tive arrested Keeling, and on searching his room found the rowing shirt stolen from Mr, Marks, Om being ar- raigned before Justice Smith, at the Washington Place Pohce Court, yesterday, Keeling was held for trial. = PROBABLE HOMICIDE. Shortly after eight o’clock om Tuesday evening John Lester and an Italian, named James Briele, both resid- ing at No, 215 Hester street, engaged in an altercation, during which Briele drew a revolver and fired at bis antagonist, the ball entoring his side, The wounded man was taken to Bellevue Hospital aud Briele was subsequontly arrested, and yesterday morning was taken before Justice Murray, at the Tombs Polico Pours, and committed (o await the reault of Lester's m- jurios. THE UNION SQUARE HOMICIDE. Coroner Eicxhoff held an inquest yesterday morning in the case of William Schroeder, who died from wounds received by a sharp stick being thrust into his head while in Union square on Sanday morning, Juno 25, Six buys were shown to have gono around tho park that morning amusing themselves by striking and thrusting sticks at persons asleep on the benches, The stick lad penetrated Shrocder’s brain an iftch and ahalf. James McGuire, one of the party who com- mitted the assault, was urrestea by Officer Charles Hanley, of the Fifteenth precinct. The jury brought in the verdict that “William Schroeder came to his death from laceration of the brain, due to injuries in- flicted with a stick in the hands of some person un- known, in Union square park, June 25, and we co sider James McGuire accessory. We also recommend | that the Park Commissioners place a sullicient number | of officers to protect the lives of citizens in Union square park, especially at night.” ‘The prisoner McGuire was then committed to await the action of the Grand Jury. THE GOLDSTEIN SUICIDE. Coroner Ellinger held an inquest yesterday morning in the caso of [saac Goidstein, of No. 1,317 Fourth ave- nue, who shot himself with a revolver at his residence ‘Tuesday morning. Business troubles were found to have boen the cause, The jury returned a verdict of suicide. UNRECOGNIZED DEAD. Al two o’clock yesterday morning an unknown man was found dead in a Vacant lot at Thirty-fourth street and First avenue. Ho was about thirty-five years old, five feet eight inehes high, had brown hair, chin whiskers, and wore a light gray coat, dark pants a vest, Dlack soft bat, white shirt and Congress gaiters. The Vody was removed to the Morgue ana word sent to IN THE MORGUE. The body, of Bernhardt Krebs, of No. 417 East Seventy-tuurth street, drowned in the East River last Friday, was found yesterday morning and sent to the Morgue, A SAD ACCIDEN Julia Klein, aged sixteen, of No, 176 avenue 1, was burned to death by her clothing taking fire from fire | crackers, .T5¢ Coroncr’s jury yesterday afternoon rendered a verdict in accordance with the facts, Charles Mayer, who was arrested on suspicion of hav.ng thrown the firecrackers, was released. A FOOL AND HIS MONEY. David Hunter, a Missourian, visited Philadelphia to see the Centennial, and fetched up im this city two weeks ago. Yesterday morning, at balf-past four o'clock, ilicer Brophy, of the #ighth precinct, found Hunter in a state of intoxication in tront cf O'Donnel’s saloon, corner of Chariton and Washington streets, | surrounded by a mob of thieves. Officer Brophy took Hunter to the Prince street station house, and on searching him found $2,200 in his possession. Ho was | fined $5. THE CAPTURED CUBANS. Some details were received in this city yesterday from Jamaica touching the recent capture of Cubans by Spaniards. It appears that cn open boat left Jamaica about the 12th ult for Cuba, carrying despstches from the Cubans for the headquarters of the liberating army. The boat Jandod on the 1dth of June on she Cuban coast, between Sevilla and Turquina. Snortly alter landing the party was taken by Spanish troops. Among them were Enri ‘Canales, Domingo Diaz, Suntos Benitez and several oth making ten souls in all, Nearly ail the captured meu had been in the Vic- ginias and Uruguay expeditions, They are supposed to have been executed, UNSUCCESSFUL SMUGGLING. Custom House Inspectors McCort and Hagan turned Into the seizure room of the Custom House, yesteraays over 3,000 smuggled cigars and a large quantity of smuggled cigarettes, seized by them on board the Joseph E. Moore, from Sagua, in Cuba. ATTEMPTED SUICIDES, William Elliott, aged twenty-six, of No. 73 Chariton street, attompted suicide by taking Paris green yester- day morning. Cause, family troubles, Francis 8. Warringer, agea filty-six, of No. 100 Essex street, shot himseif in the mouth with a pistol yester- day morning, inflicting a probably fatal wound. He was sent to Bellevue Hospital. Harry Ford, a German, attempted to commit suicide curly yesterday morning in the Eighth precinet station house, Brooklyn, by hanging himself. SHOT IN THE ARM. Mary Green, residing at No. 32 Carroll sire — Brook- lyn, was shotin the arm yesterday by E Rosen- | berger, a pedlor, ot No.“181 Clinton street, New York, who was trying a new pistol Rosenberger was ar- rested and held to await the result of the Woman’s in- Juries. SUDDEN, DEATH, John Matthews, forty years ot age, while at work yesterday in the tce cream saloon of Thomas Denham, No, 200 Fulton street, Brooklyn, fell dead. The Cor. oner was notified, and the body removed to the Morgue. BURGLARS AT WORK. While Mrs. J. Ferry and family, of No, 213 Broad: | way, Brooklyn, were at Fort Green viewing the fire- works on the night of the Fourth, thieves entered \heir residence and stole $100 worth of property. HUMAN TARGETS. White Battory A, of the National Guard of the State of New Jersey, were firing a salute at Union Hill, on iy jeu, hind his face tilled with powder, violently on the ground, A JAIL BUT NOT A PRISON. All three were throt A burglar was captured on Tuesday night in the house of Mr. Michael Brown, at Bergen line road, West BOARD OF EDUCATION, A stated meeting of the Board of Education, was held yesterday, Predident William Wood in te cliyir, The Superintendent of Truancy reported tha, during the term from June 21 to June 30, inclusive, the total number of cases investigated was 355, Ot this number 261 were not classed ws truants, Jeaving B!pety-four truants and non-attendants, Qn the 1st Inst the sixty children remaining in charge of the Society jor the Reformation of Juvenile Delinquents were Teicased by the order of the President of the Buard. P A communication was received from M,“Anderson Kirkwood, of Glasgow, acknowledging the receipt of the resolutions passed by the Board in Félation to a prize founded by him for the pupilL6f the public schools The Auditing Committee reported favorably on bills for repairs and supplies akjounting to $757 43, which were ordered to be paid.itobert G. Peck, mas- ter in the United States Navy, was appointed juuior istractor in the Nautical School, at au annual salary of $800, Mr, Peck was detailed for this service by the President of United States, The sum of $1,600 was ordered to be paid toprepairs on colored school build- ings. Rules for the enforcement of the Compulsory Education act on September 1 were adopted. Twenty-three thousand five hunared dollars was appropriated for the purchase of a site for a scboolhoyse in West Twenty-eighth strect, $542 88 was opproptiated for repairs on schoolhopses in the Twentieth ward, and $240 57 was apprgpriated for repaira on schoolhouses in the Ninth wara ‘The Finance Committee inade « further report i favor ot i gl han gi $76,726 50 for repairs and fq-onure tn the various schoolbouses in the city. Comunjssioner West ubjected to the adoption of the resolution juthor- ‘zing the appropriation, because the Finance Commit tee had, without authority, set aside some pf the awards of contracts made by the trustees of peveral wards and given the contracts to other parties. Commissioner Dowd explained that the changes had Deen made with the consent of toe boards of teustecs of the several wards in which such changes were made. ‘The repgrt was accepted and the appropriation made, Messrs. cr, Caylus, Golding, West, Wetmore and Wilkins voting in the negative. The Board then ad- journed. MUNICIPAL NOTE The Board of Estimates and Apportio| day authorized the Comptroiler to issue, of interest as he may determine, not ey per cent, the following stocks:— Assesument bouds......... ‘Additional Croton water stock. Museum of Art and Natural Histor City park improvement stock... 'y sto The balance in the ely treasury ou Sw City Chamveriain reports, was $598,077 The Mayor's olfice list week granted 2 Secured therefor $324, permits and The _ioterest $1,505 79. The Aldermen will meet to-day for the routine busines: THE CH DIAMON The diamonds presented vy the Khedt: General Sherman’s daughter, Mrs. Fite] Washington, in the cure of the Sceretar; ury. on city deposits lag@ month was usaction of S. of Egypt to are now at { the Treas- REAL ESTATE, Business was resumed at the Exchangojvesterday, after the two days’ suspension, but the aticRdance was very meagre. There was no improvem@t in the prices brought for the various parcels of pfoperty of- fered, all going off at extremely low figures} The {fol- lowing 1# a list of the auctions held :— J. L, Wells, in foreclosure, a house, with lot 16.8x 100.10, on East 119th street, south side, 29:}4 feet west of Third avenue, for $250 over a mortgage «dt $2,657, to the plaintift } Scott & Myers sold, in foreclosure, a throe story and basement brown stone front house, with lot 16x99.11, on West 130th street, north side, 214 foet cast of Fifth ayeuue, and a similar house, with lot 26x99.11, on same strect, south wide, 246 feot east of Fifth avenue, for $9,050 cach, to the pluntilf, { A. M. Wood sold, in foreclosure, ho with lot 18,9x100.8, on East Ninetieth street, so(th side, 100 tect east of avenue A, tor $5,000, to Maredia Graham. PRIVATE SALE, Mr. Richard V. Harnett bas sold, at private sale, the handsome country seat of Mr. Charles ¢. Cornell, at Riverside, Cenn., on the Coscob River, to Abraham Dowdaney, of this city, for 000, TRANSPKRS. t Delancey st. Pitt st., w. 25x75; Prank ‘ook'to Pitt mee we Cook 75 hm ‘eter Cook &. 75 ft IGIst st. ¢ ‘Timothy a, ward), Mi 23d. ‘Sullivan 50 n. &, BOS ft. w. Nathan and wife to Lewis 11Gti st. in. 8, GO24 Th, we Samuel Rothschild and wife to A. ~ 150 fh. a (referee) to Robert: Mur 4th 8. 79 1t. w. of Ist av, ‘Frank Rudd (reteree) to Third Avenue Savings Bank,... 10,000 MORTGAGES, and wife, to Joseph B. Gwtenberg, w. Bareich, Henry * 2.3 3 Ay 3 years MeNally, John and wife, to Roger M 25th si of 25t west of 6th av. (instalments) + 2,000 Zeinier, Samue!,to Solomon Stransky, n. 6, corner Housion st. and ay. A 15,000 % yours: 2,300 Gugisperx, av. Be 8,500 Gilleapi Ww. almeuts) 2,000 ( f . Dennis, to Augustus F. Hoily, n. w. of Ist ay. 000 Juiius, to George’ Hodiiiaun (executor), ast 14th st.. we of av. A; L years...) 8,125 fe] Philips, ss. of West 10th is. (instalments) 10,000 Josephine O. B. and busba: ° ‘1 Woédeock (i), w. s. of Loxing AN OHIO TRAGEDY. A HUSBAND'S JEALOUSY—HE ASSAULTS HIS WIFE WITH AN AXE AND CHOPS HAR INTO MINCE MEAT. {From the Toledo (Ohio) Commercial, July 3] Not to be outdone in the ghastly race for gory noto- riety in which a number of localities in Northern Ohio bave been engaged lately, Toledo comes to the front with a tragedy which 1s as horrible and bloody as any that has recently been chronicled, Sunday morning, about one o’clock, a messenger came riding on horseback to the Central station, trom the Luthorun Orphan Asylum, some four mutes trom the centre of the city, inquest of officers to go out thero and arrest Charles Forkel, the farm superin- tendent of that institution, who Lind CUOPPED 1S Wire TO PiKRCES with ahatchet, Detective Kingsbury, Patrolman Bar- ror and Deputy Sheriff Cole procured a double buggy and started immediately for the scene of the reported tragedy, A rapid drive soon brought them to the asy- lutn ; but instead of being tken there they were directed to a little house on the op posite side of the road, which was oceupied by the superintendent of the grounds and his wife. The report was only too true. The hus- band, who was guarded by two men in au outer room, was wringing bis hends and bemoaning his terribio deed, and the wile lay weltering im a flood of gore 10 we bedchamver, with the blood pouring trom a dozen wounds in her head, face, neck aud breast, She was d it was thought she could not live The oiticers were briefly in- hav! attempted to kill his wite with and that he had been caught in the act. Forkel acknowledged tue deed, and the officers placed him unaer arrest, and immediately broagat him to the Central station, where he is now contined. THE PARTICULAKS OF THK TRAGEPY, so far as they are at jresent known, are derived from Forkel himself, his Victim not having yet. been able to speak since its occurrence, Forkel is fifty-five years old, and his wile thicty-tive, They wero married In Tonia, Mich., on Eoster Sunday of this year, after a havited acquaintance. Neither had been married be- tore, Both were school teachers, having followed that profession the greater portion of their lives. Soon aiter marriage tev obtained the positions they bow occupy, he as superintendent of the grounds aud she as helper, at the Lucieran Orphans’ Home. Both of them are pretty quick tempered, and be 1 naturally of @ joalous disposivion. Some three weeks ago, he says, some man picked « Louquet at the Home and gave tt to his wile in a Manner which caused bim to be Jealous of her, and be straight woy accused her of undue familiarity with him. She boty resented uie accusation, and a quat- Tensued, which bas continued up to the present ume, nd has increased in bitterness as 1¢ progressed. Some five days ago Mrs. Forkel reinsed longer to permit her hasband would no longer live with a man who made such unjust accusations against ner, Since that time they have occupied separate beds in:the same room, ® Saturday night, Forkel says, be went to bis wife's beu and attemp.ed to terminate the quarrel and come Hoboken, N. J. When taken to the Town Jail he re. fused Lo give his name or address. A few hours after- ward ho was gone, How be got away ia the latest puzzle io the jail to an amicable sgiti(ment She repulsed him, when ho attempted to puter the bed by force, aud ahe suc- eessfully resisted) He then went into another apart- ment, procured a jot, and returning, after locking are her bed with ber, saying that she | the doors lay down in nis own bed. The quarrel with more ness than ever, and she in her anger, he says, sprang to the floor and rushed upon bim with both lists chnched, ready to strike him. He bounded out of bed, and in a blind (renzy of passion, struck ber son and again in the bead, face, neck and breast wit she hatchet, until no less than A DOZEN HORRIBLE WOUNDS were inflicted upon her. Sho resisied with all her #trength and screamed tor help, and a couple of giris, who were sleeping up stairs, were aroused. x4 rushed down and‘ valantiy beat the déor open It took but a glance te determine the pature of the scen- being enacted and they ran across the roud to the asylum. A couple of men rushed over and seized the fiend, who had ceased his attacks, apparently for lack of strength to continue them. The woman bad fallen to the floor in the narrow #pace between the two beds, and was lying there to all appearances dead. She was tenderly lilted aud placed on a bed, and the same messenger who went after the officers seut Dr. Fred Jaeger, who lives in the Sixth 0 the scene of the tragedy. He arrived about it two o'clock aud found the woman so nearly deud that he did not venture on a complete examina- tion of ber injuries, He found a terrible gash over the lett eye, through the outer plate of the skull; another equally deep on the forchead; two fearful cuts in the leit check, across each other, two inches in depth; a half-dozen or more on the left side and back of ber head, varying in magnitude and severity ; a gash in the back of the neck, and two in the left breast. She had bled profusely; ber fect and hands were as cold those of a corpse, und her pulse imdicated 1 little life remained, It was thereiore impossible for lum to ascertain whether or not the cuts in ber head penetrated further than through the outer plate of t ‘skull, Should this ve tie case she will die speedily; otherwise she may possibly recover, The doctor visited her a second time yesterday afternoon, when reaction had set mm. He thinks he will be abie to speak more definitely with regard to her prospects for recovery to-day, Forkel is very reticent about the tragedy, ospecially since he has secured un attoruey—Jerome W. Murray— and his story yesterday was ouly such a verification of the above as could be squeezed out of bim. MURDER IN ROCHESTER. 4 POLICEMAN STRUCK DOWN AT HIS POST OW THE FOURTH OF JULY—GREAT EXCITEMENT IN THE CITY—SORNES AT THE VICTIM'S HOME, {From the Rochester (N. Y.) Democrat-Chronicle, July 4) About midnight, while the noise and tumult in the stroets were at the height, Officer Louis Gommenginger was murdered in the discharge of his duty aaa police- man on State strect. The sad news spread until the city was wild with excitement, It was announced af headquarters that the officer had been shot down on State street bya drunken loafer, in cold blood ané without the slightest provocation. At the time the re port came it was raining in torrents, but this did no keep the excited people on tho streets from running through the drenching showers down State street the scene of the murder, MOST FOUL MURDER. About twelve o'clock 4 man was scen standing on the east side of State street, between the old No. 2 engine house anda building to the south, No, 220, Some say that a friend was leading him at the time, but others contradict this statement, Whether true on not, ina moment a flash was seen lighting up the mid night darkness, and a report reverberated through the damp air, The flash was Irom a revolver, seemed to point in tho direction of a crowd of men and boys who had congregated near by and who were watching the actions of the man who soon after became a murderer, Mr. Cole. on seoing this, ran up to Officer Louis Gom- menginger, a short distance down State street, and sat “There is a man druvk over there, who 1s tiring a re- volver intoacrowd,”” The officer at once ran toward the place, but at the same time tho man ran across the stroet, opened the gate to the yard in front of the house No. 205, occupied vy Theo. dore Hyatt as a boarding house. He ran up the steps, opened the front door and rushed into the hi leading through the house to a bedroom, in which thi murderer concealed himself and in which he stood when the fatal shot was fired, It is ubout eighteen teet long and ten feet wide. The ceiling was low and slauting, showing that the room was a sort of an addi- tion to the house proper. The walls were bare of ali paper or ornament. ‘here was a bed in the room, one or two chairs and an old stool at the north end. There was also a mattress on the floor, At the time this man Tushed into the room there was an old lady in bec sleeping soundly. On the mattress were two children, also sloeping quietly, littie thinking of the terrible scene which wus to lake piace in thoir presence, The officer, on sceiag the man cross the street and enter the house, made cfiase alter him, as also did Mr. the man” when a flash lit up the room aud the report -awoke tbe sleepers. The officer fell torward and eriea, “tou, MY GoD! PM sot!” ‘A moment atter he exclaimed, ‘Go for a doctor.” He clinched the murderer, but instantly loosened his grasp and fell off to one side. At this Mr. Cole pushed his way into the bedroom and taw the wretch again cocking his revolver ready for maxing another shot. ‘He grasped his hand hoiding the revolver and pushed itto one side, As he did so anotues tiash was seen and ANOTHER SHOT xEsRD Mr. Cole heard the bullet whty by bis ear and ent: with a thud the plastering to the south of the doorw: about tcp or twelve inches {rom the casing and abot five fect trom the floor, Mr. Cole suatched the deadly Weapon from the murderer's bands and fastened upo! him with an iron grip, The shots were heard through the doors in the open streets, and in a very few mo ments a large crowd of persons ot all ages and sexes wero in the yard, at the door, in the hall and in the room. Assistance was thus at hand and the murderer was taken out into the hall to the first room to the left and then held by strong men until policemen could be sent for, As the report of the murdor came up the trect it reached Officer Spears first, and he ran up the Btroet with ulithe speed possible, entered the house and was instantly shown to the room where the mur- derer Was sitting With men who were determined not to let bim escape the justice whieh was due a man who deliberately deprives another of life. Officer Spears took out his shackles, clapped them on the hands of the murderer and proceeded to take him to he police station. On reaching the street and parsing along a large crowd followed expressing their horror at the fearfui deed and muttering words which showed that the feeling which the outrageous deed had engen- dered in their breasts was that the ordinary course of retribution was too slow in such cases us that. On to the police station the officer and his prisoner went. ( entering the anteroom of the station house t shackles were taken off the murderer’s hands and bh person searched, Nothing of any importance wat found. He bad the appearance of betng considerably intoxicated, and while he remained in the room he seemed to grow more and more intoxicated. This was thought intentional, a ruse to make people think that he did not know what he was doing when he did the fatal deed. Ih answer to questions be said name was H.C. Fairbanks, and that he resided at Wolcott, Wayne county. He said that he had a wife and one child hving at home, that he came to this ey I Sunday and that he had been stopping at the National Hotel. He was not at all talkative aud mumbled and stuttered considerably in telling what little was gained in relation to himself, Finally he refused to talk alto- gether, being so drunk, as he endeavored to make the bystanders think, that he was unable to articulate. He was then taxen to cell No. 6, and there left to muse over the dastardly deed which 1¢ would seem must bring upon hima vengeance which falls apen all de- liberate murderers, THE MURDERER. Fairbanks isa man about thirty-five years old: In height ne is nearly five teet ten inches. He has sandy hair and wears a tail beard and mustache, whose ovlor is closely allied to red. He was quite well dressed, | which showed that he was not one of the ordinary corner loalers, 118 almost impossible to judge of hia character from his appearance, from the fact that he put on such a drooping, listless manner, If straight ened up and wide awake he would be taken for an or- dinary man, having nothing of the vicious or of the dark and scl ng about him, It may be stated here that when he was locked ep and asked about the revolver he declared that he never owned one in his life, aud that Le never carried sucha thing about Ins person. Ho denied shooting the officer at all, and declared that it was a pat-up job on him to deprive him of his liberty and to bring him inv trouble, THE WOUYDED 24x, As the officer was shot he fell forward and endeav- ored to grasp bis murderer; but bh trength seemed to fail him and he rolled to one side, where Williarg Me! » Was upon the scene all jt as SOON as it happened, found him. On being laid down he closed jis eyes, and, although ho breathed, it was seen that he had not long to live. The doctor did not probe u wound, tor he knew that the officer would die, if h was not already breathing bis last. As the womenis passed it was seen that life was slowly departing, and at about one o'clock the spirit of outs Gommenginger took its fight, . A MRARTRENDING SCENE, Before many minutes had elapsed alter the shooting, or, rather, after the officer had passed out of the world, the wife of ‘the unfortunate maa arrived at the house, The scene which followed her arrival beggars all de- scription, She flung herself down by the prostrate body, and, kissing the cold face of her busband, od in agony, **My Logis ain’t dead! He can’t be dead! My Louis is not dead!" She was fairly trantic with grief, and her childlike despair and evident agony drew tears of genuine sympathy trom the eyes of every man present, rough and bardeued to scenes of sorrow as many of them were. The olficers who had gathered there sobbed like children, It was with difficulty that the poor wotnan was removed from the corpse and led away again to her home, where three fatherless litte ones Were also overwheimed with sorrow and despair. No happier home than theirs existed in the city, and ho one can fathom the agony of grief that has usurped the place where before only peace ana happiness and Jove reigned supremo. Corover Murder was sent for and shortly after tho oilicer died he reached the play In accordance with the wish of the murdered mi frienvs the body was placed tu the Corover’s wogon and conveyed to Oflicet Gommenginger’s late residence on Adama street, neat Reynolds, An inquest will be held to-day and the matter will be as thoroughly investigated as possible, THE REVOLVER, Before leaving the Louse where the murder was com (CONTINUED ON NINTH PAGE Sele ; oar a the door oem ge shut the man {roi his sight he entered the hall, ciosely follow Mr] Kote. vile went up. ae shal cea sale a 0 ys placed nis¥ges on He threshold apd was al sel