The New York Herald Newspaper, February 21, 1877, Page 5

SEY DATS DN A DOR Captain Johnsen’s Perilous ‘Transat- lantic Voyage. CAPSIZED IN MID-OCEAN. Return of the Daring Navigator on the Greece, pele 2a id Mae ae Tho National lino steamer Greece, which arrived at this port yosterday, brought with ber on this trip two objects of no slight interest to New Yorkers, ‘hese were the dory Centennial, in which Captain Alfred Johngen crgsed tho Atlantic alone last summer, and the Captain himself, who made the unprecedented voyage as a centennial achievement, superior to any- thing 1m its way ever heretofore accomplished. Brief Rotices of this venture have trom time to time found their way into the papers, but the whole story of the ‘voyage was given yesterday by Captain Jobnsen to the Yepresontative of the Heranv., The Centennial landed at Aberoistle, Pembroke county, Wales, on the 2ist of August, 1876, and proceeding to Liverpool, Cap- tain Johnsen had his boat exhibited at different times since then until his return on the Greece. Tre boat and her daring navigator look well and are apparently nothing the worse for their expericnces, Tho sturdy looking little Centennial was an interesting spectacio as. itrested onthe deck of the flue, roomy occan steamer and suggested amusing contrasts as ono thought of both mounting the same waves and plough- ing the same seas in @ transatlantic voyage. The dory is scarcely half the size of one of the Grecce’s life boats, and is not even as strongly built as they are, yot tho average sailor would think hardly of baying to put in a weck on board one of them in mid-ocean even in the fairest weather. Johnsen’s voyage lasted sixty- six days,and hehad no room im which to stow himself but the cockpit, which 1s only four feet long and about two feet wide, His return trip was made as agreeuble as possiblo by the oflicers of the steamer, who, for his entortainment, as well as for tho benefit pithe other passengers, enlivened the trip from Lon- don thither with many of the merry devices known to mon ot the sea, Doubtices they felt they were only paying merited attent:on to the man who was the per- sonification of Gilbert's “*Bab Ballad” satior man:— For he was tie couk and the captain bold Ang the mate of the “dory” bri, Aut the bo'swain tight and the midship mito ‘And the crew o! the captian’s «lg. Johnsen 18 the only transatlantic satlor who ever trogsed alone. Ho did not have to fling any belaying Pips at disobedient sa:lors, THY DORY. Tho little vessel in which Captain Johnson em- barked is of the following dimensions:—Three quarters ofa ton measuroment; total woight, 670 pounds; length of keel, 16 teet; width of beam, 545 feet; depth, 23g feet. Sho ts clinker built, of white pine, extra tim- bered with oak, partially flat bottomed and hasa contreboara. Tho Contennial is built ia three water Mgbt compartments and is decked ovor, leaving only the narrow cockpit opex. On the trip she carried a Mainsail, a squvresall and two jibs. The little vessel wis built expressly for the trip at Gloucester, Mass., under Captain Johnsen’s supervision. THE SOLITARY MARINER, Captain Jobnsen is amano! middlo height, pretty Vhick build, of intelligent appearance, is a native of Denmark and is now about thirty-one years old, He talks freely of his desperate veniuro and is naturally somewhat clated at his success, For some time Captain Jobnsen and some other men of the sea of his acquaintance talked up this undertak- {ng before 1t took detinite shape. This was when John- sen worked in the fisheries off Nova Scotia, Finally he concluded to have the dory built, and when she was Qnished he wont to the Mayor of Gloucester and stated tbe ovject of his trip. He had furmshed tho httle craty ie canned meats, salt and iresh vegetables, tea, lec and tobacco for a voyage of ninety duys, On tho 12th of Juno the Mayor gavo Johnsen tho follow- ing clearance papers To wuom 17 MAY CONCKRN:— ‘This is to certify that Mr, Alfred Johnseu has declared his intention of crossing the Ailautic in « dory, and that he will Teave this port to-morrow. = ALLEN RUGERS, Mayoz. Sune 14, 1876, Johnsen did not start, however, until June 15, His rovisions Were stowed under the hatches at the start, at there is a littie pantry behind the cockpit in which gstore fora few days could be kept. When the ‘woaiber was fine he would creep forward on all fours, open the batches, take out enough provisions fora few days und stow them away in this pantry. Iron ‘was bis ballast when He starved, but ftnding that te interfered with the working of his compuss he put {nto Shake Harbor, Nova Scotia, aischarged this bal- Just, and took on gravel instead, By this change he lost some little time, Hts only instruments were a quad- rant, a compass undachart, He carried no chrunume- er. On starting tho weather was fine, but belore he gotto Shake Harbor, on the 22d of June, ne had to contend with some thick fogs and strong bead winds, He lett Shake Harbor on the 26th, and bad fair weather, favoravie winds and calm sea until the 7th of July. Then he was in latitude 41 50 north, longitude 54 west, THE DORY IN A GALE. ‘This day a gale sprung up, and during its progress Yhe frail vessel shipped a heavy sea, which started the tombing of the hatchway. This let the water in and Bome of the provisions were spoiled. In this crisis ne spoke a bark bound to Liverpool from Mexico, Tho jain imvited Johnsen to come aboard, vut he de- clined, being determined to weather the gale and ac- complish the undertaking, even at tac exponse of dis- comiort and privation, @ gale blew over and fine ‘weather succecded, lasting until July 16, when a strong breezy {rem the southwest sent bim on a good run, which he kept up until August 2. That day he found himself about 300 miles trom Cape Clear, In the Course of that day the wind freshened and blew up to adule, Meantime he spoke the Maggie Gander, a brig bound from Liverpool to New York. The brig short- pped wail to keep him company, and after runuing afew bours with ber he unshipped his mast, determining, in ofder to ride out the gale, to heave to. THE LITTLE VESSEL CAPSIZED, In about half an hour the boat got broadside on toa heavy sea, a breaker struck her, ond sho was instantly capsized, As may be supposed, Jobueen’s position was a trying one fur the time. He had secured a lite line to the socket into which the must set, and tied the other end of it about his body, and by the aid of tuis line he crept on the little boat’s bottom, and moved about her until another sea struck her, about twenty minutes later, and righted her with his own assistance, PERIL FROM A SHARK. ‘This occurred in the afternoon, wnd just as she bad t righted a big shark came snuiling along by er side, This voracious animal’s attonticns were not over welcome to the Captain’s cyes, and be determined to be rid of him, He got a knilo, and, fastening it securely to one of his ours, struck out viciously at the shark, Wohieb soon lett in disgust at its reception. The upset had a damaging effect on the little craf’s cargo. All 01 Captain Jonnses’s clothing was completely wetted, his bread was spoiled and bis clock and watel stopped. ‘He was obliged to Keep his clothes on his back until they dried, fie poured some kerosene into the clock fo iry and get 1 gaing, but it bau been too thoroughly drenched and would not move a peg. In tho upset the dory carried away the squaresail, but fortunetely his Ynstruments were secure under the deck and could not fall out when sho capsized, Cap. juin Johnsen was assisted to bread aod porter after this accident by the Maggio Gander betore thoy parted company. Aller this the weather was ioggy and fainy tor ubout four days. On August 7 he spoke another brig, which gave him bread aud water. He @as then about 100 miles from Cape Ob On Avgust Phe spoke the sup Prince Albert, which gave tim the veurings of the Wexlord Head, He sighted Mitford On the 10th, but encountered contrary winds, which Bent him in the direction of Abercastie, a fishing town tn Wales, SAFELY LANDED. After a rest of two days he started for Liverpool, whero he arrived eieven days later, having had a calm or contrary winds all tho time, He was received by grout crowds in Liverpool. Cuptain Johnson tok his sleep during the day and kept awake all night, Hoe was obiiged to keep himseit nearly ali the time in thecockpit, into Which his stout frame must bave fitted win very uncomfortable nicety. Here ho could only sit, there being no room to He out at full length, Lt was no wonder, then, Hat be was tired aud cramped when he go to Wales, He Was 1n gvOd hoalth otherwise, however, and very soon overcame bis weariness. He bas remained in Eugiand to exhibit the little craft ever since, and will probably Femutn bere for a siiniar purpose for sowe litue & He says ho did not teel_ oppressed by a sense of loneit ‘Noss alter the first week or two, but the beginning of the trip was very try ng to him. OCKAN MILESTONES, ‘The following ve-sels were spoken in the course of bis perilous voyage:—Amerique (: from Havre for New York, July 2, ut. 42, lov. 61 40; burk from Mex- jeo for Liverpool, July 6, lat. 41 d3, lon. 66 5; St Louts (es), from New Orleans for Liverpool, July 14, lat. 43, lon. 47; B. M. White, bark, from Liverpool tor Richmond, July 17, lat. 48 60, ton. 43; Grevee (4%), from London tor Now York, July 19, lat. 46, lou, 39; Mosel (ss), trom Bremen for New York, July 23, Int. 46 42, lon, 34 59; Tekel, bark, for Bristol, July 25, lat. 47 22, lon, 88 30; Aka, bark, from the West Indies for Queenstown, July 27, lat. 48 14, lon. 28 60; a brig Youud irom London, July 30, lat. 47 56, lon. 22 10; Al- froven, brig, from New York for Swansea, August 2, lat. 49; lon. 17 9; Maggie Gander, brig, 1rom Liverpoot for New York, August 6, iat. 49 JO, lon. 13 28, Gellert sa), from Now York for Bremen, August 7, lat. 50, AIMEZ MOI: AIMEZ MON CHIEN! MLLE. AIMEN’S GREAT LOSS AND HOW A GRAND DUKE WAS MADE TO FEEL IT—DIDI'S RE- TURN. 1t is not often that a little pot dog appears the formidable obstacle to the enjoyment of an imperial Grand Duke. The newspaper reports of yesterday all agreed that Mile. Aimée’s serious indisposition, which necessitated the substitution of Mile. Gueymard in her place as the Grand Duchesse on Monday evening was causod by a domestic aflliction no less appatling than the loss of her pretty black and tan terrier, What was probably mainly instromental in spreading this report during the performance of Monday even- ing was the well known reputation which prime donne of both Italian opera and opéra bouffe have won tor themselves ag being quite ready on the flimstest prov- ocation to fall illand to send word to their submis- sive managers that ‘owing to sudden and serious in- disposition’? it is impossible for them tosing. True, the contracts of these capricious artistes require them to produce doctors’ certiticates of their inability to sing; bat, aS doctors proverbiully disagree, some physician is always to be found who will agreo thay madame or mademoisello cannot positively sing with- out endangering her health, not to speak of relaxing forever her vocal cords, No wonder that, believing this malicious talc about the dog, many of the audi- ence went away thinking probably thet it was too bad that Mile, Aimée's grief over the mysterious loss of her four-fooied pet—be it ever so genuine aud deep— should thus cruelly interfere with their anticipated pleasure, WAS ALEXIS VEXED at IT? ‘rhe Grand Duke Alexis’ situation can be easily im- ngined, He and his mentor, the polished Baron Schilling, had cvidently gone to the Eagle Theatre on Monday evening to hear Atmnée and none but Aimée. He gave emphatic proot of this condition of mind when he promptly lott the theatre after tho first act Dbocause Aimée did not appear. Yesterday morning he read the newspaper accounts of Mile. Aimée’s in- disposition and bereavement, and what must he have thought? We can almost r him soliloquize:— “Ob, what a fall was there! I, Imperial Grand Duke of Russia, and a possible Czar; 1, for whom prayers are oflered tn every Russian church on every holiday; 1, whom theatrical mavagers feel honored to invite to their performances; I, Alexis Alexandrovitch, balked in my pleasure by a black and tan terrier! Can it be possible??? It is certain that if the Grand Duke Alexis felt vexed atthe occurrence, his cousin, the youthtul but equally good looking Constuntine, and Dr, Coudrine gave him no baim of sympathy, for all the reports agreed that they—preterring undoubtedly Aimée to Gueymard, but Gueymard tu nothing—remained to the ead of the per- formance, being evidently determined not to allow roguish little Didi to cheat them of their pleasure, DIDI'S UISTORY. Didi—that was bis musical name—Didi, if it affords him any satisfaction, may proudly reflect that ho hag caused quito a Mutter in the breast of aGrand Duke, of a manager, of a whole opera troupe and the music loving public of a metropolis. Didi’s origiu and carly history fre shrouded in romantic mystery, Ho wusa much rized but comparatively obscure black and tan until ile, Aimée saw him about six months ago at Montreal, when she purchased him for $100, Since then, as Mr. Maurice Grau, her manager relates, Didi’s arrival nas preceded every- where the advent of tho company, 1t was a beautiful Diack und tan, with avery animated tail, which, on good dog authority, cau be described as dolicately thin and beuutitully tapering toward the end; with silken ears, a plump, satin breast, as smooth and shiny as sil- Vor urmor, aud the tiniest, daintiest ji tle legs ever seen, ‘Why, Mile, Aimée would not have taken $500 tor the dog,” Mr. Grau said, He wore a beautiful coat of bine cloth trimmed with red velvet, and nis collar, with its tickling bell, was of the prettiest design, Mlle. Aiuige had spent great caro and considerable money on Didi, Mr. Grau says, and although his wardrobo was not’ provided vy Worth, from Paris, it may be safely satd that Didt was one of the best dressed, as be was one of the best beloved, ta- vorites of his species about town, When Mile, Aimée took bim out for his dary airing the other bluck and tans wagged their tails with envy as he proudly ca- pered by them. HOW DIDI WAS STOLEN. Poor Didi! He was separated from his beloved spouse, whom Mile, Algae bought about tive years ago in Richmond for $500, but who is now in Paris with somo. of her friends. Misfortune never comes alone, itwas not enough that nis mate should becruelly torn from him, but he must also be stolen from that mistress who so adored him tbat, as Mr, Grau narrates, he was even allowed ip Havana ‘to wake the whole company at six o’clock tu the morning by his musical bark, On Sun- day afternoon, between two and three, Hypolite, Mile. Aimée’s Valet, took bim out for an airing. Didi rau gay'y abead, and while Hypolite, at the corner of Tweuty-uinth street and Lexington’ avenue, was de- scending to a basement anu lost sight of bim for a mo- ment, & man Who is uescribed by the neighbors us being well dressed, and looking entirely unlike a thiet, put Didi into his overcoat pocket and coolly wulked away. 1u vain was all search near and far; in vain did poor Hypolite, who was responsible for the awtul Joss, declare tit, like another Stanley, he would go to the uttermost wilds of Airica to regain Didi, m vain was the Mat-on Richelicu, where Mlle, Aimee lodges, in ap uproar all that sunday; Didi stil remained non | est. Yesterday the following advertisement appeared in all the morning papers'— eA () REWARD.—LOST ON SUNDAY, FEBRUARY $50. between 2 and 3 o'clock, atternoon, # Black and Tau Verzior, long ears, in Ath xv., between 2th and Suth sts, Apply ut Maison Richeliew, No, 16h Lexington av,, corner uth st. Mr. Grau believes that Mile. Aimée’s illness was really the result of griet for the loss of Didi, tor he satdi— “Mile, Aimée receives $500 a night, and she cer- tainly would not lose that to indulge im such grict Sho is really ill, aud has been so. ever since Saturday, She suilers trom a bronchial affection,” MULE, AIMEE REALAY Mole ‘The writer called at the Maison Richelieu, where he was informed that Mile. Aimée was really ill and asleep and could not be seen, Mine. Gueymurd laughingly denied that Didi was the Cause of Mile. Aimeé’s lailure to appear, and declared that her doctor had positively forbidden her to sing lor the next three days, Sho would, bowevor, reappear on Thursday eveuing. It is manifest from these statements, which appear to be entirely trustworthy, that Mile, Almée has suffered an injustice at the bands of the Eayle Theatre gossips, who wero ready to aseribe her indisposition to a me freak of fancy, while sie was reaily imuisposed. V all Know how attached many of our fashionable dam are to their canine pets, aud, if dogs expire trom griet over the graves of their former owners 1s 1t not just | that the latter should return the compliment when | the occasion arises? And if this be trae would it nov redound to Mile, Armée’s credit if her fidelity and devotion to her Didi would affect ber even to indisposition ? Lt should be remembered that even a queen ot opéra bouffe, when she bas been ery- ing ber eyes red all day over the loss of her pet, might | eusily feol that she could not do justice to the bolster. | ous mirth of that dare-devil Grand Duchesse of Gerol- stein, This 18 only to show that if the cause generally ascribed to Mile. Aimée’s indisposition were the true one she was entirely justified. DIDI FOUND. Last ovening as Grande Duchesse Gueynard was toy- ing with her victorious Fritz a wild rumer ran round coulisses and caused a tremendous sensation, He, Atmée’s dox has been found,” whispered Gen- eral Boum to Prince Paulas they stood at tho wings, and the words being spoken tn a stage whisper reached the curt of the Duchesse, Who suddenly lostinterest in her | quondam lover. “Yes, the dear hittle dog is, imdved, lound,”” was the reply of the Prince to her Majesty's mute inquiry, and so the great agony was over, The curtain fell on the act and the wonderiul news reached the auditorium, and as it passed from mouth | to mouth a sense of satisiaction and peace seemed to fail upon the audience and one and all rejoiced that the black and tan member of the opera bouffe com- pany bad, indeea, been found. Bulletins were at once sent fur and near by the enterprising manager, joysaliy announcing the recovery of his four-footed star, but he Wisely maintained silence as to the method employed to find the missing quadruped, “Love ine, love my dog,” is now the motto for the entire company, BULL-DOZING THE ALLIGATORS, Tho officers of the Society tor the Prevention of Cruclty to Animals paid a visit to the Aquarium yese terday, as they had been informed that the employés wore bull-dozing the Florida alligators and making thero fight. On stating the reason of thoir visit the officers Were informed that so tar from wisbiug any more batties the proprictors sincerely hoped that the | brutes wonld remain peaceable, ‘The fact is that since Friday inet, when the big fight occurred, and which was described in the Herat, none of the alligators | have manitested any disposition to renew hostilities, aud they caimly sleep in the shallow water, cureess of the future and determined to let one another alone, They no doubt consider it best not to go behind the roturns, and, having come to that devision, peace reigns im the taok., Tho domiciliary visit ‘of Mz. Bergh’s officers raised a good Ivugh, though this is not the first ume Chey have manifested an interest im the welfare of tho intiabitants of the sea. [tis understood that the big turtic formerly exhibited in the strand was removed by their orders, though the old fellow seemed to enjoy himselt very well, THE VANDER “WILL. In a conversation had with Mr, William H. Vander. bilt yesterday alternoon that gentleman told a Herat reporter that there was no truth, so far as he knew, in | the story recently circulated to the effect that Corne- | ius H. Vanderbilt intended to contest his father’s will, Ho had seen Cornelius m Wasbington a short-tine since, and he had said nothing about tho will Mr. Vanderbilt is inclined to regard the stories about the will contest as sensational inventions, Eyer since his father died Mr. W, Hl. Vanderbilt bas been daily in re- ceipt of about 100 letters Irom judies Who wanta little Slice out of the estate, LU this nuisance continues Mr. 13; Prince Alverta, ship, August 9, 53 miles Eby vot Wextord Hi ‘5 Debint, hip, Auguet do, 15 miles east irom Wextord, I Vanderbilt intends to print them in a volume, and allow the world at large to enjoy the jun, if not the Oatate, L A GRIM FAMILY SKELETON, PROCEEDINGS TO CHANGE THE TRUSTEE OF AN ESTATE—CUBIOUS AND STARTLING DEVELOP- MENTS—SEDUCTION, DIVORCE AND MARRIAGE STRANGELY INTERMINGLED. More curiously painful complications are seldom interwoven in suits brought in the courts than those evolved from a simple application, made yesterday to Chief Justice Davis, in Supreme Cou Chambers, to remove Mr, John Murphy, trustee of the estate of the late William Cogswell, and appoint Edward Morris Birney in his place, Altogether the revelations from this pago of family history are strange in their cbar- acter, and reveal the traditional family skeleton, gaunt aod grinning, with glaring detormity, WHO MR, COGSWELL was, A great many people in this city have still a vivid recollection of the late Mr, Cogswell in his lifetime, Many years ago ho kept livery stable down town, and finally, with the growth of the city and march of improvement in the upward direction ot the island, sought new quarters for his stables in Lex- ington avenue Few livery stablo keepers wero moro liberally patronized, his principal custom being amo: the more tashionable and wealthy, and the result was when he died in 1868 he Jeft behind him quite a snug fortune, Ho also leit a wife and two daughters, One of these daughters was married to Mr. Jobn Murpby and the other was then a blooming young lacy. In his will ho expressed a dee sire to have his livery business kept up, and he pointed as executors aud trustecs his brother, Jona- than Cogswell, and his son-in-law, Mr. Murphy. HOW THN ESTATE WAS MANAGED, According to the statement of Mr, Murphy, tho os- tate has been well managed since Mr. Cogsweli’s death; 0 much so, that all the mortgages upon the real estate of the deceased have sinco been paid off, some $90,000 distributed among the heirs, anu property stil remuin- ing in their hands valued at $115,000," Mr. Murphy, who 18 general manager of the manuiacturing depart: ment of the Gattavercha and Rubber Manulacturing Company, concede in his affidavit responsive to the Application for his removal that bis time has been a good deal engrossed in his own business; but that hoe has been able to give evenings to transaction of busi- (8S in convection with the estate, and, in fact, to give it all the attention it required at ‘his hands, He left to his co-trustee — general management of the livery stable affairs, as the latter was thorougly familiar with the business, Ho ststes further that be bas never charged a penny for his own services, while there has been paid to his co-trusteo nearly $20,000 tor services, Further, being iu the enjoyment of a hand- some income hiinsell, his anxiety has been to enhance tho value of tho estate tor the benetit of the heirs, aud to that end he has employed competent bookkeepers to supervise the books and keep the accounts properly adjusted, THE YOUNGER DAUGUTER MARRIES, It is already stated that one of the daughters of the deceased was married atthe time of his death, The other daughter, Miss Emma Cogswell, a young lady of considerable personal attraction, engaged the atten- tion of a young man named Jerome Suvers, who was associated at the time with bis father, Rutus W. Stivers, in the manufacture of carriages, Well, to make the story short be wooed and won Miss Cogswell. On the 20tn of May, 1873, they were marrted in the Church of the Disciples, in this city, For two years their life was an exceediugly banpy one. He bought a hand- some country place in Westchester county, which ho christened Larchmont Manor. lt was a cosvy villa, built alter the Swiss models, furnished with ali the luxurfous appliances of modern culture, and with tho environing grounds most tastetully laid out, LAVK AT LARCHMONT MANOR. This young married couple, as may be conceived, revelled in all the enjoyments that heart could wish, On the 4th of July, 1875, they gave a holiday fete. Among the guests on that occasion was Edward Mor- ris Birney, & young man of stylish address and most gracelul and insinuating manners. He enjoyed tho Fite, ua all present did, To bis mind the fairest flower to all that sceno of midsummer festivity was the young mistress of Lurchmont Manor. As the evening hours stole on and the other quests stole away he stil l:ngered to bask in the sunshine of the swwiles of Mra, Stivers, who, It seoms, reciprocated his attentions. “You seem to tarry late,’’ said the young husband to Mr. Birney; “I am afraid you will lose the last tram to the city.}* “I don’t care to return to-night,” replied the linger- ing guest; tho fact is I have hada quarrel with my father snd don’t care about going home,” “Well, then, won't you stay all night,” pursued the hospitable host, ‘and leave it to some other timo to make up with the old gontlomau ?”? Young Birney was only too glad to accept this invi- tation. He remained that night’ and the next day and the next night, and a week passed and he still lingered, He was so polite and entertaining and bad such a dis- like of encountering his irate parent that he was at length, upon his own entreaty, allowed to romain as a boarder. SHOWING TIK CLOVEN HOOF. Mr, Stivers had no suspicion of the great calamity about to befall his peppy. housenoid, One night he came to his home to find his hearth desolate, his wite a fugitive with ber guilty paramour, this city at once treced them to the Sturtevant House. On the hotel register there wero entered the numes of E, Brown, New York, and Mrs. J. Stevens, of the samo pluce. Recognizing Mrs. Suvers’ hand- writing he went to hor room, No. 207, and found in the game room young Birncy. “Whatdees all wis enraged husband. t means simply,” answered Birney, “I am trying to persuade your wile to go home.” Believing bis wiie’s statement that nothing criminal had transpired between them Mr, Stivers took bis wife home. In March succeeding sbe again left him, ‘The husband again started in search ot the truant wile, and again found her im company with Birney, thoy having on this occasion taken up their quarters at the St, Cloud Hotel. DIVORCK AND MARRIAGE. Satisfied now of the guilt of his wite Stivers at onco instituted proceedings tor a divorce, The suit was arried to a speedy conclusion. On December 1, 1875, Returning to ant” asked tho astonished | Judge Lawrence, of the Supreme Court, granted a de- cree of divorce in bis favor. In such decree the wile, however, Was prohivited from marrying again. the very day that the divorce was granted the divorce: wife was married to Birney at Bridgeport, Coun, aod they aro still living together as wan and wile, A DAUGHTER'S LETTER. Shortly after Mrs. Stivers’ first trip to New York in con pany with young Stivers, as stated above, sho wrote the followimg letter to her mother, which is abundantly soll-explanatery :— Nuw Youx, March 7, 1875, Dear Motuen—I suppose you ary auxivus to hoar from mo. Do not werry, as Lam doing well, and feel like a tight: ing rooster with its feathers pulled aut. Do not try to find mo as you wilt fuil in doing so, ppose thu news you havo heard did not surprise you. ‘Twill teil you all when L see you, which will be some way this week. 1 suppose you are so angry with me that you do not want to hear trom ine or see me again, * * * From yourdunghter EMMA The above is the only exhibit of epistolary corre spondence in the case, and it is unnecessary to add it carries its own comment with it BIRNEY’S CHARACTER OUTLINED. While Mr. Murphy’s statement 1s indorsed by his wile, and while his charactor 18 vouchsafed for by such men as Professor Chandler, Nathaniel Jarvis, Jr., and John HM, Cheever, President of the New York Belung and Packing Company, the character given by Mr. Murphy of dtr, Birney is lar from compli- mentary to that individual, In his affidavit he sum- marized Mr, Birney’s character rather tersely as fol- lows:-—"'One of the worst men alive, insolent, im- moral, treacherous, lazy and ignorant,” ACTION BY THE COURT. Mr. John H. Bird, in submitting bis papers yo the Court, yesterday,coupled with @ potition of Birney, and contirmatory allidavits by Mrs, Birney, Mr, Jon- athan Cogswell and Mrs Barbara A. Cogswell, widow ot William Cogswell, be stated chat bo expected Mr. As Air, O'Gorman did not, however, putin an appear ance, he expressed « hope that the’ Court would tke the papers and give a speedy decision in the case Judge Davis thereupon took the pupers, promising to give an early and caretul examination, THH BRICK HOMICIDE. ‘The inquest on tho body of Wiliam Braun, aged twenty-two, of No. 14 Suffolk street, who, it is said, died from injuries consequent on his having been struck with a brick thrown by Thomas Welsh in Hoboken, on the 22d of January, was veguu yesterday by Voroner Woltman., The prisoner, owlug tu a crotehet of Jersey Jaw, Was not present, although entitled to be, The au- topsy of Dr. Custman was real, Lt snows that death was the consequence of an abcess of the brain and meningitis, to fracture of the skull caused by vi0+ i Dr jes E. Phelps and Dr, EH. Congdon testitied that they aitended to him and got him so well that bo was abie to go outa week later. Dr. Phelps was called in again to see the patient, Who Was failing and mignt be ‘ew tue vrick al deceased, Was examined, pr did NOL do se, testilied, beiore Braun had him with the buckle end ot the strap of the Alter some further testimony Coroner Woit- The sleigh. man informed the jury that he would have to adjourn the inquest unUl next Monday to allord himself time to enlurce the prisover’s attendance by means of a requisition from the ¢ THE BAY SHORE TRAGEDY, Yesterday, betore Judge Gilbert, holding Special Torm ot we Supreme Court, Brooklyn, Morgan J. O'Brien, the counsel for Nathaniel Evans, who, it will ve remembered, was found guilty by a Cort With having stubbed with a carpenter's gou 4. Poyntz, of Bay Shore, as he lay asleep in bed, made av application for a writ of habeas corpus and cer- tiorart to inquire tato his detention, aud obtain bis dis- charge on the ground ot bis being Hlegally restrained ol his hberty, Judge Gilbert granted the writs, and inade them recurnable belore him, in Brovklyn, for Mouday, the 26th in: BUFFALO ROBE THIEVES, William O'Brien and Francis Carroll, boys, wore ar- raigned at the Tombs Police Court yesterday chargod with stealing a buffalo robe valued at $126 from the coach of E. W. Corlis, of Nu. 6656 Pine strecy Tho culprits were bola in $1,000 bail each, Richard O'Gorman to appear on behall of the peuuoner, | boon suffering irow a subsequent in-+ Willa Muleabey, who was with We mn | iiham Mulgshoy cish when | cal oxperts had been examined and gave no such tes | THE MURDER OF MAGGIE BAUER, CONTINUATION OF THE TRIAL OF M'CONNOCHIE— IMPORTANT TESTIMONY TAKEN—SHARP CROSS EXAMINATION OF THE WITNESSES—ANOTHER ADJOURNMENT. Promptly at ten o'clock yesterday morning, in ac- cordance with the adjournment, the trial of Frank proceeded in the old Queens County Court House at North Hampstead. The crowd at the opening was not so large as on the preceding day, the extra panel of Jurors baving been discharged for the term; bat it in- creased us the trial proceeded, until the court room ‘was again uncomfortably filled) MeConnuchie wore a white shirt instead of the checked one, The District Attorney called Coroner Hicks, before whom the inquest at Valley Stream was held, but he did not answer, He had been called on Monday, and failed then ty answer, The Court ordered an attach. ment to issue against him to compel his appearance, Mrs, Bauer, the mother, was recalled, and produced the waist belt that was tied around Maggie's neck, the ponnet, the cape of which was stufled mato ber mouth, and other articles of clothing, one of which bore a stain of blood, CATHARINE HOFFMAN'S KVIDENCE, Cathar.ne Hollman, who was at one time under strong suspicion of having killed Maggie, was called, She narrated the circumstances of her visit to the Bauer house on the ldth of August, the day of the murder, and how Maggic accompanied her on the way to the Valley Stream depot as far as the barn of Mr. Hummell. Sho was quite minute tn her narrative, she was when under examination before the Coroner, Judge Bustecd, in his cross-examination, questioned the witvess very closely as to her haviis and family relations, Sho had for the past seven years been most and had not lived with her husband for the past five y she used intoxicating liquors when she could get them; she had been confined in a cell at the Poor- house once, but not for intoxication, and she had once been before a Justice of tue Peace; she denied ever having maue threats against the Bauer family, and also domed various acts of vielence on her part toward various individuals, as testified to before the Corove During the progress of the cross-examimation per- sons Ju the audience Induiged in merriment at some of the wiiness’ answers. At Mr. Busteed’s request this was checked by the Court, and the Sherift was directed to arrest the first person offending in this regard. Mr, Busteed desired the production of the «hoes worn by the witness on the day of the murder, but it ap- peared that they had been returned to her, together With the other articles ot clocking in the basket carried by her, and had been worn out, They were returned to her by Detective iayn, at tho jail, before she was discharged by the GrandJury. The cross-examination of the Witness as to her movements was long xtended and very minute, the purpose of counsel eviuently being to impress tho Jury with the idea thw Kute, after all, might be guilty of the crime and Mevonnochio {nnocent. As at the Coroner's inquest, the witness, by the character of some of her answers, gave a strong im- pression that she could lie ghbly, In'answer to a ques. tion by che District Attorney, she said that one reason bi per husband did not live with ber was that sho rank, TESTIMONY OF DR, AUSRBACH. Dr. Auerbach, who made tho first post-mortem ex- amivation, was called, He saw tbe body first under the treo where 1t was found, and described iis position and condition as frequently described before, Tho cause of death was strangulation, In his cross-exam- ination Mr. Busteed questioned the witucss closely with a viow to raising a doubt in tho minds of the jury as to the Doctor’s professional ability and judgment. The Doctor said he was a member of the State Meuical Soctety and bad a diploma from that body; he had b in practice in the neighbourhood for a number of ears; his diploma Was granted in 1841; he matricu- jated us a physician in Germany; he had made at least fifty post-mortem cxaminations since his residence at Rockaway, but never had a similar case to this; he did not pretend to be a surgeon; he was called to examine the body by Voroner Hicks; whon he tirst saw the body rigor mortis was already established, aud death must have occurred at least ten or twelve hours previously ; he thought the bonnet and the leaves were takea fro! the mouth before the body was removed to the bar: the leaves in the mouth were not preserved. In answer to a question by Judge Pratt the witness sald that the Wounds and contusions upon the body were inilictod belore death, Tho Doctor alterward, with Drs, Philip and William Wood, of Jamaica, made’a turther post-mortem exam- ination, when the thorax was opened and strangulation was further proved. FURTHER MEDICAL DISCOVERY, Dr. Philip Wood testified that there was a circular bruise around the neck, as well as other bruises, and the latter could have been made by a bund 19 choking her. Croas-examined, Dr, Wooa was asked whether it was possible, considering the size and strengt.. of the girl, wod the size and strength of the prisoner, that the latier could have carried the former, iu the man- ner described, from the place where the attack was said to have been made to the place whore the boay was found, and he gave an alfirmative answer, Henry M. Onderdonk, the editor of the Hompstead Inquirer, was called, Ho attended the Coroner's in- Quest, and subsequently visitea the scene of the mur- der with the Distriet Attorney and several other per- gona, when MoConnochie was present and made a con- fession. Mr. Busteed strongly objected to the admission of further testimony vs to the alleged copiession betore the testimony of Detective Payn in this direction could be beard, ax be was really tne principal witness in this regard, and there inight have been a threat or a promise of reward to influence the coniession. The ‘objection Was as to the order of the evidence. The ob- Joctiou was uot sustained vy the Court and Mr, Bustecd took au exception. Mr. Onderdonk proceeded :—He walked apart from the others with McUonnochie and asked him whether he committed the crin MeConnochie said he would tell the truth if they would not hang bim; witness suid he bad no intention of hanging tim aud hoped hoe would tell the truth; MeConnochie then went on to describe the manner m which he attempted to outrage the girl and afierward made sure oi her death by straugling her with the waist-ribbon—the intermediate narrative being similar to that given by John do Mott Hendrickson, whe testiticd on Monda MeConnoctne thought that Maggie was doad vetore be carried her from the corn field, where he attempted to ravish her, into the road, The cross-examination by Mr. Busteed was directed to show a possible pre-understanding between the wit- hess and the District Attorney, but the witness ap- peared to have acted merely im the capacity of a news« Paper man looking for auihenuc news, From his conversation with McConnochie be received the im- pression that he wus of weak intellect, THE PRISONER'S SOUNDNESS OF MIND, Mr. Busteed—Would you tn any matter of the gre: est consequence to yourself regard his statement as worthy a belief? The District Attorney objected; the objection was sustained, and the question was Tuised so as to cover the point of the witness’ opinion as to McConnochie’s rationality, The witness thought thac any one who made a connected statement Ww stated further that sicConnochie said that when Le was struggling with Maggio she dropped aten cent piece from her band, aud he picked 1t up and afterwards spent it. John Henderson, a tollgate keeper, testified that he saw McConnochie on the 1éth of August (Sunday) as ne (Witness) was going to Springticld to attend a iuneral; he afterward saw him on the same a: in the after. noon, pear the Hinsdale church, about ball a mile north of the Springtield Cemetery. This was to show that the prisoner was in the neigiborbeod at the ume, ‘The witness, woo sald he was sixty-tive years old, 18 very deaf. Prisoner's counsel questioned him closely as to bis identification of the prisuacy He was uncer. tuin as to details of features, dress, &c. dirs, Mary Baker testilied What McConnochie came to her house ou the aiternoon of the murder and got something to eat and drink. He looked bad—had scratches on his face, aud appeared tired. Cross-ex- amined, she Was cer! date, as the next day wus a boliday among the Germans; witness lived about two and a halt iniles from the’ Bauer house; MeConnochie was brought to witness’ house by Payn and Bauer afterward, aud sho tdentified him, TH# CORONER EXAMINED, Coroner John Kk. Hicks was called, As his testimony for the people was merely cumulative, he was turned over to Mr, Busteed for examination, and questioned closely as to the condition of the body. Dr. Auerbach removed both te bonnet cape and the Ieayes from the mouth. The litter was taken out with oippers and dropped and left where taken out, Mr. Busteed desired to prove by the witness that certain buirs taken from Kate Hoffman's clothing wero idenufied by Mrs. Bauer as trom Maggie's bead, bat | what appeared to be skin the Court would not permit him, and he took an ex. ception, Zhe hair referred to, the Coroner satd, had | been given to Detective Vayn atter Kate Hoflman’s dia- coarge by the Grand Jury. Mrs. Sophi Dounn, whose testimony had to be trans- lated, saw Mayyic’s body, and under the finger nails aud flesb; she assisted in washing the body, Mr. Bustecd objected, 1n view of tho fact that medi. Umouy, but the objection was overruled, She drew the attention of the grandmother to what she saw, and she Lerself cleaned the nails, Mrs. Mary Keizel, the grandmother of Maggie, was called, She assisted Mrs, Dounn i washing the body; both of Maggie's» hands were bloody, and under the nails Were skin and bivod, The crogs-examination elicited nothing of conse. quence, excepting that Maggio’s hands were very vioody. Charies Majer, a barber at Vearsall’s Corner, testified that he shaved McConnochie alter the murder and nis fuee Was scraichea on the pose and side of the face, Cross-examined, the witness said be asked MeCon- nochie how ho yot the acraiches and‘ he answered that he feli out of a wi Edward McCatfrey, a track-waiker on the Hempstead branch of the Southern Rariroud, sa¥ McConnochie at jay aiter the murder aud o said he had been his fave wax seratch in “muss” at Jan Crovs-exumined, the witness said be remarked to MeConnoebio that the fact of his having a scratched jace was suspicious in view of the tact tiat a murder had just takon place, ‘A HLOODY SHKT PRODUCED, Peter Poterson, wo works on the place of P, C, Barnum, testified that McCounoebie had worked on the place about two weeks; alter MeConnochie lett he gave to Detective Payn axhirt supposed to bave belonged to the prisoner, but, though the shirt was produced in court, the identificution was not very complete. There was blood on the tnside of the sleeve, a8 proved by faicroscopical examination, There is anothor shirt of NEW YORK HERALD, WEDNESDAY, FEBRUARY 21, 1877.—TRIPLE SHEET, McConnochie for the murder of litte Maggie Bauer | of the time an inmate of the Hempstead Poorhouse, | rational. The witness | McConuochie's to be produged, having blood on the outside of the sleeve. Cornelius Lawrence was called, and testi heard MeConnochie’s conession to Joun Mow drickson, as detailed by the latter on Monday, cross-examimation of this witness was not eoneluded when the Court adjourned. ‘The most intense interest was manifested in the court room during the progress of the trial. It was understood that MeConnochie’s father au: ther were atone UUme present, but their presence was not gen+ erally known, A SUIT, FIFTY THOUSAND DOLLARS DAMAGES CLAIMED— THE PRESIDENT OF THE ST. STANISLAUS SO CIETY THE DEFENDANT, 1n the Brooklyn City Court, before Judge Reynolds and a jury, yesterday, action was brouglt to recover damages, in the sum of $50,009, for slander, by Adal vurtus Miclouszuy against Anthon Lambui. Doten- dant, who is a shoemaker, residing at No. 17 Flat bush avenue, Brooklyn, is charged with having said, in the Polish language, on November 25, 15: “Pastor Mielcuszuy has stolen $160 from us." parties to the suit, which was tried Judge Neilson last r, when the jury agreed, are all Poles,’ avd speuk but very hittle Kuglish, An tuterpreter haa to be loved and tbe trial occupied the entire day, the court room being crowded by Polish Catndlics. The suit grew Out of the foliowing facts, as ulleged:—In 1573 some members of the Polish congregation of Catholics, in New York, organized the Stanisiaus Roman Cathohe Association, and Authon Lambui was chosen president, and the plamufl was a member ol the Board of Trustees. In IS74 the plaimtil was given $360 to deposit in the Six Penny Savings Bank and another bank, When, at the request of Lambui, he recurned | the bank books to deieudant the latter claimed that all before «lise the money had not been properly accounted for, and he made the alleged slanderous remark De | fendaut claimed that je did nob use the j Word “stolen,’? but defrauded,” and, by way of mitigation, he gave the circumstances, to the effvet that the funds which bad been received by the St, Stanisiaus Society und deposited in two banks to their account were transierred by the plunuil, who held the books tor them, to whother account without the concurrence of the Bourd of Trustees. Detendant claimed that when he got back the bank books they Were short of the proper amount, It was in reterence thereto that the objectionavle remark was made. ‘Tho plazatit showed that in terminaung his connection With the society a distinction had to be made in the accounts kept for the society and the funds whic were kept tor building a church, The St Stanisla oiicers bad held that all the money collected ought to belong to them, He the difficulty, When the evidence was all in Mr, Erastus New, who appeared for the defendant, moved to dismiss Lhe case, arguing that it was a privileged communication mado by his client when acting as president of the assucia- tion, the plaintifl, who was represented by ex-Judge Dailey, had tailed to show malice. Judge Reynolds said that if defendant had accused the painull of keeping the money it might bea privileged communication; but if he said he “stole” Mt that would be an entirely different inatter. Counsel then proceeded to sum up and the case was given to the jury shortly atter four o'clock. ‘Ihe jury were 1- structed to bring in a sealed verdict and the Court ad- Journed till ten o'clock this morning, BRADLEY ACQUITTED. John F. Bradley, Jate assistant secretary to the com- mandant at the Nuvy Yard, whose arrest on charge of abducting Sarah Lawless, was published last week, wus arraigned belore Police Justice Walsh, Brooklyn, yestorday. As the young woman was shown to bave gone willingly with the accused the charge of abduc- tion Was Dot sustained; but a charge of seduction was preterred hy John Whitford, a stepbrother of the girl tho satter alleging that Bradley had represented bin soll as a widower and had promised to marry The case was dismissed for want of evidence. The deo fendant, who 18 now being sued for divorce by his wile, 18 about forty-four years of age and bag a family, CLEANING THE STREETS. Commissioner Nichols, President of tho Street Cleaning Bureau, makes the following comparative statement of the Bureau of Street Cleaning for the years 1874, 1875, 1876 and 1877, showing the work done and the cost of the same:— 970,000 00 $850,000 00 800,828 07 801,405 33 12,948 Amount appropriated. . Amount expended... Miles of streets cleanod, Loads of ashes removed Loads of dirt removed. Loads of garbage removed. Loads now removed. Total loa ls removed 7 260,970 7817 ‘Total cost per mi & $64 08 $80 56 Total cost per load,. . MM “4 1877, 1876. To Feb. 17. Amount appropriated. «$725,000 00 $717,500 00 Amount expended, + 725,000 00 86,775 00 Miles of streets cleaned...... 11,286 oe Loads of gshes removed,..... 775,420 116,805 Loads 01 sirt removed. «221,020 1,611 Loads of garbage removed. .., 14,093, — Loads now removed., . 6,550 39,205 Total loads removed . 1,007,988 Past Total cost per milo . $64 24 $57 71 Total cost per load,..... é a = COMMISSIONER CAMPBELL'S CASE. The Committee on Public Works of the Board ot Aldermen moet at the City Hall yesterday afternoon, Consideration of the charges against Commissioner of Public Works Campbell was postponed unul Tuesday next, Alderman Tuomey stated that he understood Mr. Campboll would resign his position as Commis- sioner if be wero again ciected Presideut of the Con- solidated Coal Company, The election for this oflice takes place to-day. Mr. Tuomey also stated that he would band to the clerk of the committee a list of wit- nesses who might be subpanaed for Tuesday's meet- ing. They are expected to substantiate the principal charge against Mr. Campbell, that ho is unable to at- tend to both positions—Commisstoner of Public Works and Presiaent of the Consolidated Coal Company, THE PILOT COMMISSIONERS, At tho stated meoting of the Pilot Commissioners held yesterday afternoon at their office on Burling slip, tho pilot of the Amerique, of the French Transut- lantic line, Henry Weaver, was present and was sub- Jected to a lengthy examination, ‘Tho meetings of tho commission, unlike the majority of tho bodies which are botb created and paid by the State, aro heid in rev session, and it is with tho utmost diflicuity that the President, . Mr. George W. Blunt, can be induced to give any informaton, He stated yesterday afternoon, however, that the deteuce mado by the pilot of the Amerique was eminently satistace tory, and that he believed that no official complaiut would be made against him. It was expected that the President of tho Staten Island Ferry Company would be present to consult with the Commissioners in reference to the river ob- structions on their docks, but a fetter was received excusing his absence, and the matser was adjourned until the next meeting. STREET CAR POLITENES: A LADY SAYS A GOOD WORD FOR THE GENTLE- MEN. New York, Feb, 19, 1877, To tuk Eprror oy tHe HERALD: — 1 have read all the articles in your valuable paper about “Street Car Politeness.”’ I agree that a lady will find no difficulty in obtaining seat in a street car if that lady will not have the appearance that sho ex- pects, the moment she enters a car, that some gentle. Man must rise to give his place to her. A gentleman alter being down town all d ly tired, and to be obliged to give up his place 18 more than should beexpocted of him. and thank the gentleman for bis thoughttainess, say for all gentiemen to keep their seais, and let lad manage to be home at the time the cai Prow« by business mop, It would be well if mothers would tench their children common politeness, © when a lady or genticman enters the car, A YOUNG LADY, The lady should consider this 1 A BACHELOR WHO WA To Tuk Epitox ov Tun Henao New York, Feb, 19, 187 For about twenty-five years, almost from the first time horse cars were run, 1 have been going up and dowa town onthem, Well, im those jolly days of the old stages we used fo pass up our six and a quarter cents when we got out, and whon we banded up the fare for a lady sho used to smile so sweetly and always acknowledged with thanks. Well, now, of course, ta these days We always give up our seats to an old gen. tloman or an old lady, or to any woman witha ehiid in er arms, or one Who seems til, and don’t,expect a word of thanks, unless they condescend to bestow tt upon usasagentio charity, Weil, thats all right, But when we give up our seats to young or miadie+ aged ladies, then we do iook fora nod, a kindly smilo or a word of thanks, and we don’t often set either of them. Th who can blame an old bi jor like mo if he keeps the seat for which bs has paid? If women will only use tho power of gentleness with whien ¢ hag endowed her, man will always yieid to her, for her ¥ ue und geatle manners melt him like the late spring ‘50! NORTH CAROLINIAN, WHY LADIES ARE NOT POLITE IN THE CARs, New York, ib. 19, 1877, To tne Epitor or Tuk Herat: Dg read Your humerous correspondence on this and having been for years a carefal observer, Telaim that gentlemen aro usually at fault for the apparent lack of politeness on the part of tho indies, When a gentieman gives his seat to a lady, if be will speak to her. politely offering wis seat, he Will invari: | ably be thanked; bat, the trouble Is, gentiomen do uot give ladies a chance to thank them, bat vacate a seat | and rash for the rear plattorm, leaving the lady to infer they have reached their destination, No ladies in the world are more polite than Americans, NTS A SMILE, “GUILTY. OR INNQUENT? —-—— Convietion of James Rice of Manslaughter in the Third Degree, a HALLS DECLARATION, MR. Judge Brady Defends the Jury—The Benefit of a Doubt. eovenomonhesip The interest excited 1m the question of the guTor innocence of Rvan and Oscbwald, convicted in New Jersey of murder, and whose recent expiation of the terrible crime of which they were ebarged Is yet painfully ipesh in the recollection of the public, has by no means abated, aud probably will not be futly allayed until the decisive determination of the question of such guilt or innocence. The case of James Rico, tne dicted for the murder of Hugh MeCabe, whieh hag been on trial in the Court of Oyer aud Teriiner, bee tore Judge Grady, since last Friday, and which termin- ated yesterday in the rendition of a verdict of man- slaughter in the third degree against the prisoner, hag raised a question of similar doubt as to whether the condemned man committed the homicide of which he has been adjudged gui There was considerable commotion in court yesterday when the prisoner was arraigued at the-bar for sentence, His youthful looks and frank, open expression spoke greatly in bis favor, as also the ewotign ho exhibited upoa being inte rogated ay to what he had to say why judgment should not be pronounced against bim. PROTEST BY A, OAKEY MALL Mr. A, Oakey Hall, who had so ably defended the prisoner, arose and, with an agitation be vainly strove to conceal, addressed the Court as follows: — Lask that this sentence be postpoved uutil the last of the week—until Friday. And I desire to say, with the indulgence of the Court, aud 1 must say it, that L know this man to be absolutely innocent; and with the indulgence of the Court | desire tu say, that so beliey. ing, 0 knowing, Ldesire in this public) manner to an- nounce my ubulterabie determination nover agaiu, af & lawyer, (0 appear in & homicide oo. It 1 cannot’ demonstrate to a jury under circum stances like this the absolute innocence of a man under such circutmstan ot identity, while L have noiault to flud With the jury, b have a right to find fault with myself, and therefore [ give the best evidence of my carnestuess iu my beliet when | say, afier many hours of reflection on the subject, that such is the lesson which this case bas taugut me that Lnever, under any circumstances, shall appear again in & homicide case. That, of course, is nothing to anybody but myself, and I only stato it because | de- sire) to attest my absolute belict in my as. sertion that this man is innocent The jury have recommended him to mercy, aud Your Honor has uo altervativo but to senteuce him. If he dit the deed, as the jary bebeve he did, he must bo guilty of manslaughter in the tuted de- gree. 1vi8 nothing cise; 1¢ could uot be manslaughter in the fourth degree, except by a streten of the juc ors? oath, and 1, thereforo, carnestly appeal to Your Honor, to make such inquiries as you choose in your own ve- hall, and for that L ask delay, which will enable Your Honor at least to give bim the least sentence the law allows, and then to him who holds that balance of omnipotence which belongs to this world so far ag Koes proper application may be made here. alter Lo still more mitigate the sentence, REMARKS BY JUDGE BRADY, Judge Brady, with manifest feeling in his tones, said in roply:— It ts a most unfortunate thing, indeod, if this man is not guilty of this vitence that there should be no way of proving his innocence, 1. disturbs me very much— as much us fi can disturb any one—that a inaa cons vicied olacrime like this may possibiy be tuuocent, Iisa very unfortunate vircamstance that an innocent man should bo convicted; but I think you do yourself great myustice, Mr. Hall, in supposing that tue jury were bot warranted in taking a view of the evideaco whicn would lead La the conviction of your client, and Ido not ses any reason why you, in conse that verdict, should withdraw from homicide cuses, The people would lose valuable services by your withdrawal, and | think the profession would regret it very much— indeed I should myself, I hope that there will nos be many cases of homicide in which apy lawyer might appodr, 1 trust we will never again have a bomicide case to try, and earnestly look such a condition of society; butit is not hikely that we will have such a cundition of things for some time to come; so long, at least, as we have acertain class of criminals among us. ‘Ido not see any reason, because of your not suc: ceeding in this trial, of withdrawing from the protes- sion a9 far as casos of homicide are concerne., because witnesses have not proven the innoceuce of your client, when one theory of guilt was unanswerable, REMARKS BY Me HOWK, Mr. William F, Howe next brisfly addressed the Court as follow: 1 know the intense interest taken in this trial by they learned advocate, who bas given ail of us listeners great pain at Lia announcement that the resaltof tia case should induce his withdrawal for the future from homicide cases. I know the powor that that interest has exersised over the mind of the learned advocate, and 1 think Lam not stating too much when i hazard the expression to the Court that I also now participate in his feelings. [tis not peressary for me to tell Your Honor—a juuge of your lengthened exporience—that to Mr, Hall” belongs the first honors tor the manner in which he conducted this case, 1 say it with sincerity because it is the utter. ance of the remarks made by the learued prosecuting officer yesterday. Mr. Hall can, upon reflection, have no regret—if he will permit me so flatly to contradict him—I say he can, he must, ho shail have no regrets for the issue in this case, It was the evidence upon which the jury acted uuder Your Honor’s charge, which it was our misfortune to be in @ position not to contradict, that convicted him; and that evidence was, as Your Honor knows, aud ag evory listener felt, handied by that gontieman with more than his accustomed ability, The case was presented with all the inselatigability and zeal and talent which be possesses, How great thatis Your Honor knew long, long belorg L kuow it; and how great it still remains we all realize this day, Having said this much permet me to add that I, too, think that this man ts guillless of | this charge, ' T have made an iavestization, and it 19 | the first time Lever said in open court, afer a con. viction, that [ believe that the verdict was against the fact and the truth, but not against the evidence in the Having said this much, by way more of induce. ment for the profession of which he 18 so great an ornament, for thd benefit of socicty —itseli, for the ‘benefit of the administration of jus tice, I make these remarks in fervency, hoping most devotedly the gentleman will hesitate and pouder well betore be adheres to the resolution at which he has felt constrained to arrive and announce in cour, A JUDICIAL DUTY, Judge Brady again spoke as follows :— ‘There is no evidence before the Court to show that the jury was not justiied im bringing in this verdict, and 1 do not consider that 1 am guilty of listening to any imputation upon the fury in permitting these re- marks, There was evidence which abundantly justified the verdict they rendered in one aspect of the case, but at the samo time it must be said in delerence to tho couusel that his duty was discharged consci- enuously, fully aud ably, and that there was as much done for the prisoner as could be done under the cumstances revealed by the evidence by any otber ad- vocate, no matter Who he may have been, With that I have discharged my duty for the prisoner, and tho sentence will be postponed until Friday, CHANCY TO UPSET THR VERDICT. Mr. Horace Kusseli, Assistant District Attorney, thereupon addressed the Court:—“If you lave any proofs to show that thi was a mistaken verdict I shall be quite satisfied to adjourn It to a still turther day." The prisoner was then removed to the Toibs, and the vast audience, who listened with breat} tion Lo the proceedings, dispersed. THE 1 ITALIAN ‘TRAGEDY. ROSE MASSIMINO WANTS TO SEE HER FATHER BURNED—THE TORRINO ASSASSINATION. Rose Massimino, the young Italian woman who waa murderously assaulted on last Thursday morning by Antonto Leon, her iather, at tho residence of hor hus band, in President street, bad 80 far recovered from the effect of her injuries yesterday as to be permitted to converse with stra rs who called at the Long Isiand Colioze Hospital, She corrovorated tue staemeuts Which appeared in the Henao of last Sunday in 4 to the brutal trvatinent to which she had been subjected by her unnatural jather, She stated that when, after her marriage, sue tuade a coufession to her husband, her father threatened to take ber fife unless she denied What she had toid in the presence of Massimino. She positively refuyed to do this, and only two days before e shot ler ho swore that he would nang tor her un+ logs she got down ou her knees and, with erucitlx in hand, acknowledged that she had led, He had a pise tol in his hand at the time, and she believes he would have used it then had not her husband aud a friend entered the room Where he was at the moment. On Thursday morning, she says, be fired at her three times, and then, knocking her down, beat her on the head with the pistol and stubbed her on the arm and wrist with the scissors, She says that her uncle, Jonn Leon, stood quietly by ducing the assault avd made ne effort to save her, “Do you want your father panished #7? wa “Ldo, indeed,” Rose repiied; ‘ne is a very bad man, aud sometines | think he is mot my father at all; I will not cousider bim such any more. Lt isa pity he cannot be burned to deatn; banging 18 too good for be She hopes to be able to appear agafnst ber father at the examination, which will be id before Justice Ferry on Maren 2. tbe police have beenactively cnyaged in making inquiries, endeavoring to eonnect Autonio with certain desperate Italians Whose names havo ap. peared in the criminal records of Brookiyn. It was ramored that (he prisoner had been on intimate terme with Torro, the supposed counterfeter, who wag murdered ina mysterious manner in that city several years ago. Mrs. Massimino says t she never hoard Yorrino’s name mentioned in the tamily, and did not A GENTLEMAN WHO ALWAYS KECEIVES THANKS FOR HIS SEAT, beliove that her father was in apy way mixed up im, that tragedy, ’