The New York Herald Newspaper, January 16, 1879, Page 8

e NEW ‘YORK HERALD, THURSDAY, JANUARY 16, 1879:-TRIPLE SHEET. KATE AND HER ACCUSERS the End of the Cobb Trial. Nearing SPEECHES OF COUNSEL. Balancing the Probabilities of Guilt. [BY TELEGRAPH TO THE HERALD.} 3 Norwicn, Conn, Jan, 15, 1879. The anticipation that the trial of Kate M. Cobb ‘would reach its conclusion to-day was not relized, In fact, an ending could not fairly have been reached without the holding of an evening session, which was not regarded advisable. From nine 6’cloek until the hour of adjournment, with the exception of the noon recess, every minute was occupied with the closing arguments for the State and the defence, argu- anents which are widely and warmly commended and & fruitful subject of discussion in town to-night. The uncertainties of this remarkable case furnished points inuumerable upon which to base theories of guilt and innocence. On the one hand there was the confession and the evidence of Bishop, and on the other the first complete story that had passed the lips of Kate Cobb since the bringing against her of the terrible accusations which imperils her life and her honor, Surrounding each of these two conflicting statements was a mass of testimony in corroboration, some direct, more of it circuinstantial. The case was one which camé from the witness stand to the arguments of counsel with more or less uncertainty attaching to it, for much of the testimony had been so conflicting and some of it so introduced that the presentations by counsel were almost essential in setting the evi- dence plainly and fairly before the jury. Mr. Thresher, associate counsel for the defence, closed shortly after eleven o'clock, and State Attorney Waller took the floor to make the closing argument for the prosecution, Mr. Waller is of short and robust build, with clean shaven face, ruddy complexion and an air of bustling vitality. His voice is pleusing and is used witna judgment and effect which is the outgrowth of elocutionary studies in his earlier life. He is a speaker famous throughout the State for his oratorical talents and in his argument of nearly four hours to-day fully sustained the reputation he has won in the past. Con- gressman John T, Wait followed him at four o'clock with the closing argument for the defence, and made a noble effort in behalf of his client. Colonel Wait isan elderly gentleman, with iron gray hair and white, closely cropped beard. His personal presence is fine, and his oratory, while pérhaps less finishod than that of Mr. Waller, does not suffer in ¢ompari- son as tothe impression it has upon those to whom he is speaking. His reasoning this after- noon was close, logical and well calculated to carry his hearers forward to an involuntary belief in the innocence of his unfortunate cliént. That these two men, acknowledged to be the best speakers in Eastern Connecticut, were to address the jury to- ay attracted,an assemblage surpassing that of even the most exciting days of the testimony, Not a spare ich of the court room was to be found and the door- ‘ways were packed so that ingress or egress was alike impracticable, Throughout the arguments Kate Cobb sat mute and impassive as a Sphinx, dressed in deep mourning and her face nearly concealed by @ heavy crape veil. Her eyes rarely, if ever, wandered from the faces of the speakers, and but ina single instance did she exhibit the slightest trace of emotion, and this was when her counsel, Mr. Thresher, referred in touchiag terms to her husband’s death. For a few moments her handkerchief shaded her eyes, but when uncovered there was nothing to be discovered, on careful scrutiny, from which to decide whether geiet or some more powertul emotion had influenced er to tears. MR. THRESHEL’S ARGUMENT. Mr. S. 8. Thresher, resuming his argument for the detence, discussed further the character and re- liability of the scientific evidence of the death of Cobb by arsenical poison. He argued that Mrs. Cavb never could have administered any such quantities of arsenic as produced the sudden sicknesses with which her husband was afilicted. The simallest measure own to womankind is a teaspoonful; no women would ever administer of this poison a quantity so small that {t could rest on the point of a penknife; she would give a good dose while sho was about it. The jury weighed the statements in the testimony of Mrs. Cobb, testimony the most reniarkable ever witnessed in any court room in the land—«a woman under ex- wmination and cross-examination for nearly two days, answering quickly and intelligently, never equivocating. It would be simply impossible for her to have made up the string of lies charged upon hi by the State and not be detected or not contradict herself somewhere. Returning to the subject of the poisoning, the jury should weigh the testimony of the falling out ‘of Mr. Cobb’s whiskers, one of the surest signs of arsenical poisoning, and this occurred three or mo rsago. The physicians all agreed that arsenic would do it, and no other cause has been suggested. We must also weigh the testimony of that perjured villain, bishop, # man who has made four different statements and contradicted himself in every one of them. The State asas the jury to con- sider Bishop's motives for making @confession, We may get some idea of the motives of sucha man when we refoct that he murdered his own wife and that he tried to seduce the wife of his vest friend. What he hopes ngw is to save his neck in any way possible, and he cares nothing who is destroyed. It his case had been tried first, as it should, have deen, he would have been found ‘guilty beyond the shadow of a doubt. Nothing but a selfish, a devilish mottve ever induced him to come into this court and teli the story that he did; to attempt to swear away the life of the woman that he professed to love. Is it safe to accept the story of aman who makes a confession and subsequently comes into court and says, “I lied then, but. I'm telling the truth now’? Is such @ man worthy of belief under any circumstances? Let us consider his testimony, such as it is, He swears to receiving & large number of letters trom Mrs, Cobb, but not one has ever been produced, nor is there evi- tleuce that he ever received one. All he ean produce re some pieces of poetry, and there is no proof that received one of them from Kate Cobb. And but one is written on, and that bears the 16, 1377—a date at which, itis said, Wesley Bishop gave Kate a hand mirror. Counsel read one of the poems in rather a melodramatic manner, with more cuergetic gestures than sentimental poetry usually calls for. This resulted ina general smile he courtroom, Continuing, he attempted other of the poems from memory, butafter perpecrating the reznurkable dapsus lingue, “We'lluever qniss the water till the ‘mail’ runs dry,” he aban- doucd the attempt amid ill-suppressed merriment aud passed to other subjects. Firat, le spoke of Dishop's frequent visits and Mrs. Cobb's objections to his extended stays, talking on dances and parties and kinured affairs that botu familics maue @ prac- tice of attending. The severai presents exchanged between the parties were considered at longth, and ¢ the most important, the cup marked “Pet,” Mr. Thresher said it was @ remarkable thing that no direct evidence of the existence of this couid be secured, Bishop testified that he had given Kate up, but there was no corroborative evidence ‘Tho State never male any attempt to prove that there wus such a cup, but only went so far as to attempt to show that little Della Cobb had said to somebody tuat there was such a cup, . THE LIBRARY BOOKS. Continuing, Mr. Thresher said:—The State has shown the meetings at the house, and then attempts ht walks on the buck streets. What BL sis. Bishop had every opportunity to meet Kate in own house, without tramping around at night. What toolish thing, also, if we may believe Bishop, was the handing to him on the uay after Covb's death of two library books, in oue o: which was a note and a paper of arsenic, Why should she give this arsenic to bishop she could much ave thrown it intu the fire or into the sink? note saad, “Keep this till ail us over.” ‘De whole contents were not worth five cents, and no woman of sense would place such & weapon against herself as this note and poison inthe hauds of any mat The (hat Kate seut to Bishop, that has ¢ produced, was the one sent secredy while she a prison, and in this there is nothing to iudi- cate guilt, ouly great mental anxiety on her part @ prayert peal to Bishop to do any as ) aid secure to her her liberty again, ‘obb admits Bishop's trequent visits to her r business purpores, but si denics all of naging allegations, and s ies ever uaving had criminal interco: ansel for the State dwelt upon the fact ¢ ing the house on th Tuesday to her husband's deat nearly nine o'clock, althougt paid that if s Jeave hit the eu ld be rene he was around the house all di Cobb went out it was #ix o'clock, nearly two hours longer. It is to presume that Bishop's idea in the poisoning was to c Cobb out of the way so that he could marry the widow. fie liad every opportunity to put poisof in Cobv's food and in his'drink, gud he had strong mo- with only the children, But it yt very il; that that when Mra, tives for doing 80. He confesses to assisting in the work by buying (he poixons, and is it not sate to pre- sume that he administered them? He admits the buying in the case, but be stammers end hesitates When his atteution t# turned to the poisoning of his own Wile, Here we witness the spectacle of & Charlic Was siek and bad | ely he was she wouldn't | daylight lasted | | | | | | | | | | wretch trying to drag to the scaffold with him the woman that he once loved, but loved hopelessly. In conclusion Mr. Thresher made an carnest plea for justice, aud urged that the full force of the law fall ‘upon the one who is reaily guilty, Wesley Bishop, and that the woman, innocent and proven so, suffer no wrong at their hands, -MRS. COBB'S TEARS. During the latter part of the plea Mrs. Cobb, for the third time during the three weeks of the trial, was affected to tears—the first when the elder Mr, Cobb spoke of his son’s death, and again when she related some of Charlie’ last words uri her To-day she pe own testimony. quietly for some moments, and ex- hibited really more feeling than on sny previous occasion. Upon the conclusion of Mr. Thresher's ad- dress a recess was taken and the time was spent by the counsel for the State , preparatory to the closing argument by State Attorney Wailer, sev- eral of the little keepsakes that had between Kate and Bishop, Among these was the broom case marked “Hope,” a mustache cup marked “Think of me,” which Bishop claims Kate gave him; a blue silk handkerchief she gave him in token of her fidelity, the much talked of $1 25 hand mirror and some minor trinkets, ARGUMENT OF STATE ATTORNEY WALLER, Mr, Waller, State Attorney for the county, opened the last argument for the prosecution shortly after eleven o'clock, Thanking the jury in the conven- tional style for their attention he proceeded to argue that the questions involved in the case had been, not of law, but of evidence. Criminal experience, he said, divides murder into two classes—murders for gain and murders inspired by passion. Charlie Cobb had accumulated but little, for he had spent his income freely in providing & comfortable home for his wife and his children, Hence there was no motive of avarice, and there was none of revenge, for Charlie Cobb had no enemies; his was a gentle tem t, aud he was universally popular, Was Chariie Cobb a suicide? ‘It is darkly hinted that he was, but there was never an element of suicide in his words or his conduct. Charlie Cobb clung to lite when the best physicians of the town were baffled by the diagnosis of his troubles; he sought every remedy for his malady. Was he an in- voluntary suicide? ‘This chance has been suggested, but it cannot be shown that any medicines he ever took were injurious in their character. Nor is there anything reasonable in the theory of involuntary suicide. In all his sudden sicknesses he never said one word when poisoning was suggested, nor did he men- tion one word to # soul that he was taking arsenic regularly, And Kate Cobb never spoke of it. Would not a good wife have urged him to discontinue its use or mentioned the practice to his physicians or to her husband's mother when, during jis last ill; ness, the question of poisoning ‘was raised? Even when post-mortetd examination was made she maintained silence, and never did she betray her secret until the time of the Coroner’s jury, when parts of her husband’s body were in the hands of toxicologists tor chemical examination and she had read in the papers that arsenic had been discovered. Then for ‘ae first time she speaks, and her mother corroborates her testimony with the greatest readiness. We cannot blame the mother, tor she was laboring to save the life of her child, and her mother’s instincts led her to dare everything to accomplish this end. Arsenic eating is put for- ward as an explanation of Cobb’s death, but it is only atheory, unsupported by any evidence of any such practice in this country, whatever may be the customs of the mountaineers of Styria. Cobb’s body showed no evidences of disease; every organ was in abealthy condition, but when science intruded its searching finger into the mystery of his affliction we found full traces of the agent trom which came his death. Professor Doremus brought into court and exhibited to the jury the apparatus of scientific re- search by which eS was found in the Cherlie Cobb. fe showed the stains of the ison, and so delicate and cureful were his tess that Ee mat only found arsenic, but found strychnine— that most difficult poison to detect; that yee which has the property of hiding itself away in the deepest recesses and ‘almost detying search for it. This chemical investigation by fessor Doremus was most careful; its features were telegraphed all over the country, and had there been errors in his plans scientific men would have come from all over the country and aided the defence in protect- ing the life of & woman against the result of erroneous theories or erroneous practices. The speaker made a brilliant appeal at this point, mainly Girected to Legere | ‘the backbones of the jury and inducing them to discard that prejudice in favor of woman, that presumption of innocence which is common to jurymen. He next proceeded to consider the faithfulness of Kate Cobb to her husband. For many years Mr, Cobb had bought groceries here and there, until 1877, after Kate had danced with this man Bishop at masquerade balls, he, as the grocery clerk, begins coming. to her house for orders. The neighbors observed the intimacy that grew up, his frequent ef visits in the absence of the husband, until the matter became neigh- borhood scandal. Mrs. Cobb, in her testimony on the stand—in her fight for life—says that she told him that she was annoyed, and that she would not only tell his employer but her husband. She says she warned him on three separate occusidns, but she told nobody —while one decisive word from a woman with her force of cl would have driven this Ucsiead A clerk cen gee from herdoor. Her lady friends were’ to her on account of the scandal,’but she clung to Bishop through it all. There were ht walks on the dark, quiet streets of Norwich. ents from one to the other begun as far back as July, 1877, a year before Cobb's death, not the little presents of ordinary friendship, but things more significant and which told the story of unhallowed love, AFTERNOON SESSION, ‘The court room was literally packed solid with spectators when the Court met at two e’clock. State Attorney Waller resumed his c! ing eas for the State and entered again upon the subject of the pres- ents, aggregating dozen. He claimed that it was a ridiculous pretence that these presents meant noth- ing. First was the hand mirror, which she need not have obtained through ne poem: clerk when she visited the main street of the city five times each week. It was wy as a token of friendship and as such she took it. And the date of this gitt was marked by a piece of poetry, regarding which Kate Cobb makes, the astounding explanation that she had sent it to Bishop's wife and not to the man. Tero weeks later the woman is in Troy and sends a poem, “Con- solation in absence.” While there she writes home that she had found a pearl pencil on asteamer, but we know that within a few oe of this ae. bought an exactly similar pencil in Norwich. Next he sends her acup marked “Pet” and she buys a gold tooth- pick and has it marked “Pet.” At this point Mr. Waller stopped abruptly and com- plained of being seriously annoyed by the senior counsel, Colonel Wait, who was sitting at the table within a few feet engeged, in exami & mass ot manuscript. Colonel Wait, with a smile, changed his seat to @ position satisfactory to the state's Attorney, and, after the interchange of some pleasant’ compliments, the argument was resumed. Dismissing the subject of the presents, Mr, Waller sketched the impossibilities o1 Mrs. Cobb's explanation regarding the word “Pet’? on the toke: yf affection exchanged between herself and Bishop; also that she went to Bishop's house on only a simple errand when his mother was away, when in reality she wont there to desecrate with aduitery the home from which the dead wife of Bishop had been borne but two short months before. In _his testimony Bishop fixed other nights of crimi- nal intercourse with Kate Cobb by the dates of her visits to various lady friends, and the speaker claimed that it is senseless to ask any one to believe her statement that he was enabled to do so because she told him of these visits on the following morn- ings. Continuing, Mr. ee aus out that relia- ble witnesses had corroborated Bishop's statements that he had purchased aconite, arsenic, morphine aud strychnine, ang that Bishop had given the only reasonable explanation why Kate should send him to return two library books on the day following her husband’s death by stating that in one book was a note for hun, andthe poison that remained after her husband had failen a victim to her crime. The speaker claimed that one of the strougest pieces of testimony against her was the sending of a letter to Bishop after both bad been committed to jail, be and with an admonition therein to careful what he wroie, Bishop admits that in the commission, of the great crime he counselled and aided her beéause he was infatuated with tue woman. The man stands to-day on the allows without hope, and no wheel of the Spanish inquisition wrenched from him the confession of his glut, but rather the remembrances of bis early teachings under pious and God-fearing "parents, In conclusion, Mr. Waller said, do not, in deciding who is guilty of this crime, regard the woman 4s a mere plaything, but rather as an intelli- qent being, and then see to it that your sympathios do not deteat the ends of Justice. It she is equally yutilty with Bishop let there be a double gallows and Sjust expiation of this crime. if this woman be guilty return @ verdict of guilty of murder in the frat degree; let no mandlin sympathy swerve you from the line of duty which the law lays down, COLONEL WATS SPBECH. At quarter-past four o'clock folonel ‘Wait began for the defence the closing arguin¢nt of the case. After Drief introductory remarks reviewing the prelini- nary proceedings against the accused, which he ehur- acterized ax ex parte, he stdéted the principles of law that must obtain, and asked the Court to charge the jury accordingly. The leading request was that if there was any reasonable doubt that Cobb's death resulted from poison, or that it resulted from poison taken by Cobb as a medicine, or admin- istered by Bishop, or that there is the slightest doubt whatever ot the guilt of the accused, theu there inust be @ verdict of acquittal, The speaker rapidly sketched a comparison of the conduct of Bishop and that of his client, he acting the part of poltroon making confession after confession, and Mrs. Cobb making no denials, no confessions, and asking no Withhoiding of public opinion, but await- ing pationtly in her prison cell, relying upon her inward consciousness of innocence, until the time ame when she could yo wpon the wit stand in the decisive hearing of ease and tell ber story, This was ii earnest, straightforward way & terrible croxs-examination with- out faltering or contradicting herselt in a single tn- yuirast this with the testimony of the sed murderer, Bishop, admitting in all nnity that ne had lied in his previous state: ments, Then ean the story of this man be held of jreater of equal weight with the story of Kate Cobb? rhe speaker criticised sharply the testimony » experts, Professor Doremus and others, ‘a wttange discrepancy. Bikhop had testified that more 4 an ounce of arsenic had beeu administered to Cobb in twenty-one days, this allowed six grains per day, while the medical ex- perts all agree that Lab ins are a fatal dose, At this point the Court adjourned until to-morrow. Colonel Wait will occupy two hours during the fore- noou, and his argument will be immediatiy followea by the charge to the jury. ; MARTIN BERGIN’S DOOM, HE STILL- ASSERTS H!S INNOCENCE—A¥FFECTING INTERVIEW WITH HIS SON, [BY TELEGRAPH TO THE HERALD.] PorrsviLLE, Pa., Jan. 15, 1879. Messrs. Heblich and Fisher, counsel for Martin Bergin, who is to suffer the death penalty to-morrow forthe murder of Patrick Burns, at Tuscarora, in November, 1863, visited him this evening, and in- formed him that the last efforts during the past week, of which he was entirely ignorant, had proved unavailing. No? GUILTY. He protested his innocence and reiterated his story that, although he was in company with the mur- derers for a time during the day he was not Brent at the time of the murder, nor did he of his comrades, and now of the mission Mollies and was discovered several years afterward - having and raised # small fam- ys A TEARFUL MEETING, . His first wife and child called this evening at about eight o'clock a were admitted to his cell. The young man melted to the deepest grief and at- tempted to ask forgiveness for desertion of his first allegiance, but the unnerved man was unequal to the task. Words cannot expressthe scene, NO EXPECTATION OF CLEMENCY. lp has received some inkling of the terrible epi: at Mauch Chunk on and expressed some interest in the settlement of the hour at which he would be expected to meet his doom, but upon hearing that the last possible effort for a reprieve had resulted in a failure he responded, “Well, if I have to die it is better to be soon, but Iam fnnocent of any man’s death; but it is awful to die for a thing 9 man is not guilty df, and I feel sorry for my wives and chil ; how they will feel." THE WILTSE HOMICIDE, In Part 2 of the Court of.General Sessions yester- day the trial of Frank McKenna, indicted for the murder of William Wiltse, was resumed. Mary McKenna, mother of the accused, testified that as she was retiring on the night of the 2lst of September she heard a noise, and on looking out of her window saw her son lying on the street and then she heard the pistol shot. 6 ‘Mr. Howe here offered to prove that Wiltse shortly before his death stated that he did not know who shot him. Mr, Rollins opposed the admission of this testimony, but Judge Cowing finally admitted it. John McCue testified that Wiltse did not charge Frank with the homicide at the time of the arrest. Mary Fernan, fifteen years of age, gave her testi- mony lucidly, and swore that Duv y, & wit- ness for prosecution, had said that Ike Wiltse had shot his brother and that the ball was intended tor Frank McKenna. William G, Roylance, the prisoner’s former em- ployer; William Peters, Francis Dugun, John Court- ney, Roger Monohan and a host of others were called to ve the good character of the accused. . Howe then called Frank McKenna, who denied the shooting and gave his version of the manner in which the turbance which led to Wiltse’s death occurred. It being very late, Mr. Rollins asked the Judge to let the case stand over until this morning, when the cross-examination of McKenna will take place. : “COVE” BENNETT INDICTED. Covert D. Bennett, the supposed accomplice of Mrs. Jenny R. Smith, who has been indicted for the .murder of her husband, Police Officer Richard H. Smith, in Jersey City; on August 1 last, has been indicted for complicity in the murder. The news was conveyed to him yesterday by Sheriff Toffey, and Jailor Allen subsequently re- moved Bennett from the witness room, where he was confined, to more secure quarters in the main jail. Bennett, it is expected, will be arraigned on the in- dictment to-day. * ‘The trial of . Smith has been set down for the ‘27th inst. LAWYERS IN COUNCIL. EFFORTS TO BE MADE TO REPEAL THE NEW CODE OF PROCEDURE. A meeting of the Law Reform Society, an organiza- tion composed entirely of members of the Bar, was held last night at the Park Avenue Hotel, tor the pur- pose of electing a Board of permanent officers. An- thony R. Dyett was called to the chair and M. W.- Devine was elected secretary. The following permanent officers were then elected :—President— George Ticknor Curtis. Secretary and Treasurer— A. P. Sprague. Committeco—Theodore, W. Dwight, Jogeph S. Bosworth, Henry H. Anderson, Joseph B. Flanders, Anthony R. Dyett, Erastus Cook, James C. Spencer, Samuel J. Crooks, John Townshend, James 8. Auerbach, Cephas Brainerd, Herbert B. Turner, James A, Ross, Samuel G. Couriney, F. F. Marbury, Ethan Allen and Ira D, Warren. . After an interchange of views on the demands of the new Code the wing resolutions wero adopted:— Revol That the ai hapter ed “A Si to cmuT of Civil Protedure’” wate. hid big ene ture Inst year and wero vetoed by the Governor, were properly vetoed and ought not to have passed the Logiaia- ture. ‘hat changer they have undergone from the Senate Gommittes cannot posapily be told without careful exami. nation and comparison, which it will require weeks to make. The bulky volume containing them is not generally circulated aud is dificult to obtain. It would, therefore, bo unwise and unjust for eithor branch of Legislature to take it up until it has been made generally accessible to the legal profession. Resolved, That as to the thirteen chapters now in foree, we know what they contain. We therefore 5} from own exuminat jence, that they are badly ite and unnec arranged, intricate a de- tails, ‘The only chance of escape from the embarrassments which *they cause is to them, restoring the former uct them to bring them into ‘stem that prevailed before, and codifier's completed Code. Resolved, That a memorial be circulated for signature: asking that the nine chapters be not passed and that t! thirteen be repealed or thoroughly reconstructed, as mon- tioned in the last resolution. Resolved, That a Code of civil procedure containing « complote system of practice, in harmony with the Codi first enacted in 1848 and its subsequent amendments, is quired for the orderly and satistuctory administra justice in this State. Resolved, That a committ® of five be appointed by the president of this society to prepare a bill to be rocommonded to the Legisiature at its present session, in accordance with the forezoing resolutions Resolved, t the itlemen of the Bar throughout the State be requested to furnish to the permanent secretary, AP. No. 111 William street, auch ‘objection to ions of the present code of civil procedure using for that purpose th The following lawyers signed the constitution and were admitted as members:—David Dudle; Joseph Rk. Flanders, W. N. Badger, James C. Edwin M. Fox and Horace Andrews, PERILS OF THE LAW. Field, cor, 4 RAILROAD SUPERINTENDENT ATTEMPTS to SQUELCH A LEGAL ADVERSARY—BXCITING SCENE IN THE SUPERIOR COURT. There was quite an excitoment*in the Superior Court, Trial ‘Term, held by Judge Freedman, yester- day, occasioned by an unusual occurrence in legal warfare. It seems that Mortimer Hendricks some time ago instituted a suit against the Sixth Avenue Railroad Company to recover $15,000 damages for being assaulted, as alleged, by a drunken and quarrel some man while riding on one of the company's cars, in June, 1874. The facts of the case were fully published in the Hxmano nearly a your ‘O, und at the time created considerable ‘public interest. Mr. dricks claims that be was struck in the mouth and obliged to seek the protec- tion of a police magistrate, besides being compelled, while covered with blood, to walk home through the streets, ‘The company interposed a general ‘Sones, and on the first trial Mr. Hendricks recovered a ver- diet for $1,000, This verdict waa appealed from, and Term the judgment being reversed at General the case came up for @ second trial yesterday. The testimony having been all ut in Mr. EB. Y. Bell, counsel for . Mr. ndricks began to sum up. In the course of his marks he spoke somewhat severely of Mr, Bidgood, superintendent of the Sixth Avenue Railroad, who had testified during the trial on behaif of the de- fendant, Mr. Bidgood, at the conclusion of the trial, became very much excited, and in very emphatic terms resented the fancied inanit, “Do you know who you are talking about?’ said he, approaching Mr. Bell in # threatening manner. ‘The latter, with trne legai tact, moved within hear ing distance of the Bench and claimed the protection of.the Conrt. The belligerent Mr. Bidgood then be- came very violent, aud, as was claimed many by- standers, attempted to draw from his side pocket ® Istol. ‘This attempt, if such it may have been, was strated, ver, by the prompt action of the court officers and others, who dragged Mr, Bidgood from the court room, breathing vengeance upon hig legal adversary. 2 ietly paased the jury rr. this littie episode having in due course of time brought ina verdict for Hendricks for $200, after which the Court adjourned. JENNIE MITCHELL'S WILL. ‘The will of Jane Magee, better known as Jennio Mitchell, has been offered for probate in the Surro- gate’s Court, It is dated April 1, 1874, and is as fol- lows :— 1, Jane Mageo, now residing at No. 249 West Twenty- Afth mroot, in the elty of New Fork, under the name olden. nie Mitchell, do hereby mat d pablish this Inet will aud testament, “I yive, bequeath and d Sor roacea my egranet saz cee ey mother, i. a ny shy send mother, Merah xeonprix of this S last Will, hereby reveling all former wille by me made. Lo Ate was witnessed by John Hardy and G, T. TROTTING TO SLEIGHS, INTERESTING RACE AT FLEETWOOD PARK—DERBY WINS THE PURSE. Notwithstanding the announcement of a trotting contest for 2:30 horses at Fleetwood Park in the morning papers of yesterday there was but a small gathering of spectators when the trotting began. To go out on the road where there is good sleighing in wagons does not appear just thathing, and when there is no other way of getting to the park except on wheels the majority of the owners of fast horses stayin town. Some of them, however, more enthu- sinstic than others, and who cannot content themselves at home when there is trotting going on, either on the road or track, send their sleighs to the Park gates in charge of,their grooms, who lead and walk the horses to where the snow begins. Then the horses are jogged through the Park to 110th street, when, entering one of the avenues, fast work is indulged in. To go slow behind q fast trotter for two or three miles creates an appetite for a brush, and as soon as @ chance occurs it is readily taken advan! of. There were a goodly number of fast horses on the jeroad, whose owners took a brush whenever an oc- casion offered, and when not engaged watched others who were indulging in the exciting sport rather than’ tie up their horses under the sheds at Fleetwood Park to look at the trotting going on there. Conspicuous among the fast horses on St. Nicholas avenue during the afternoon was the gray gelding Victor, who seems to be this season faster than ever before. The trot at Fieetwood Park was for a purse for horses that had never beaten 2:30 in harness, Entered for which were W. E. Weeks’ chestnut gelding Derby, John Murphy’s chestnut gelding. Cobweb, and John Haslett’s bay gelding Fitzgerald. ‘There was little betting on the result, Fitzgerald having the call before the start. Derby won the race in three straight heats. The following are the details of THE RACE. First Heat,—The start was a good one, Derby lead- ing on the inside, Fitzgerald second, in the middle, and Cobweb close up on the outside. Fitzgerald broke up soon after leaving und fell in the rear, Cob- web and Derby went around the turn side and side; but Weeks, the driver of Derby, being under the im- pression that the word had not been given, took a ull on his horse, and he siowed down considerably. urphy also pulied Cobweb back, and not until the judges called to them to go did they understand that the race was on, Derby then outfooted Cobweb, and went to the guarterpole one length in front ot him in 42 seconds, Fitzgerald six lengths behind. Going around the lower turn Derby opened the gap, when Fitzgerald broke up and fell off. Derby passed. the haif-mile pole in 1:21, two lenyths ahead of Cobweb, the latter ten lengths in advance of Fitzgeraid. Going up the hill of the backstretch Fitzgerald troited very idly for a short distance and closed up on the others, looking very much like a winner, but at the point of rocke he broke badly, and all his chances were gone before he recovered his trot agzin. Derby came on steadily and won the heat by four lengths, Cobweb second, ten lengths of Fitzgerald. ‘Time of the heat, 2:43, Second Heat.—Derby had the best of the start, Fitz- gerald second, Cobwebthird. Going down the hill toward the quarter-pole Derby opened a gap of two lengths, Fitzgerald second, six lengths ahead of Cob- web, the latter having broken up badly. ‘The quarter- ole was passed in 38% seconds. Going along the lower turn Derby outfooted Fitzgerald, and was four lengths in tront at the half-mile pole in 1:15’s, Cob- web a dozen lengths behind. Going up the hill of the backstretch Fitzgerald broke ung and Derby made the gap six between them to the three- quarter pole. Cobweb was eight lengths behind. Derby trotted steadily home, winning the heat by four lengths in 2:36, Fitzgerald second, ten lengths in advance of Cobweb, Time, 2:36. Third Heat.—Derby was then a ees favorite over the field. By an artful dodge of Weeks, by coming up behind the other horses on ® run and nodding for the word, which was given, he brought his horse to a trot on the score, and being under full headway, as the start flying, and in « moment was four or five lengths in front of the other horses. Keeping this advantage around the turn and down the straight to the quarter pole Derby Risse, that point six lengths e ahead of -Cobweb, latter four lengths in front of Fitzgerald. Time, 39 seconds. Goin around the lower turn Fitzgerald and Cobwel trotted fast, closing the daylight very rapidly, and at the hattantio pole Derby haat Only a length the ent of Fitzgerald, with Cobweb two lengths behind. 218, Leaving this point and going up the hill of the backsfretch Fitzpatrick and Cobweb broke up then Deriy liad nothing to go but go on steadily and win, which he did by ten lengths, Fitzgerald second, ten lengtis ahead of Cobweb, ‘Time, 2:38, The following is a SUMMARY. FLEETWOOD PaRK—TROTTING TO SPEIGHS—WEDNES- pax, Jan. 15, 1879.—Purse $50; mile heats, best three in five. Starter: W.&. Weeks’ ch. g. Derby.. J. Haslett’s b. g. Fitzgerald. John Murphy's ch. g. P, Manee’s ch. g. Dew Dro) First heat... Second heat. Third heat. CURLING AT CENTRAL PARK, The annual match betwoen tye Caledonian and New York Curling clubs took place yesterday at Cen- tral Park, and resulted in a spirited game. Four rinks le competed, though the Caledonians were compelled to play at the third rink with three men, the fourth being unavoidably detained down town on business. Mr.Charies McKenzie, of the Thistle Club, acted as umpire. The prize was a handsome medal, Each side did its utmost to win, and as the ice was very keen good playing required extreme delicacy in handling the curling stones and excellent aenet. The Caledonian boys won by 18 siots. was commenced a few minutes after one o'clock, The following is and continued until five o'clock. the score:— James Gillie, James Anderson, James Gillies, David Foulis, skip.... 21 Rink 2. ‘Thomas Kerr, ‘Thomas Drummond, Adam Young, John Templeton, skip.. 17 inle 3. yle, James Longwill, skip.. 29 Rink 3. James McKuaught, Thomas Forrest, William Currie, John Patterson, inde 4. Rink 4, Wm. Winterbottom, ‘Thomas Jaffrey, ‘all Chas. G. Williams, William Houston, George Grieve, skip... 12 Majority for Caledonian, 4 The interstate match—New York vs. New Jersey— will be played at Central Park to-day, Ten rinks a side will compete. CARNIVAL ON IGE, The second grand masquerade and fancy dress car- nival of thy season on the ice was held at the Capito- line Lake, Brooklyn, yesterday afternoon and even- ing. The racing and other sports displayed at the last carnival were dispensed with, owing to the reat demand for space for skating purposes by the vast ctowd who were present. Far more characters were assumed on this occasion than at the previous one. y new cor tumes were to seen, There" was the usual display of lords, knights, Turks, Greeks, Germans, Trish, and ® number of Italian peasants. In ‘the evening the scene was exceedingly picturesque. the four large calcium Tights making the lake almost as light as day, A number of ladies were in costume. The band Dayed lively airs, and everything went as “merry as a mar- Fiage bell.” WINDSOR SKATING RINK. John McEwen, John W. Thompson, (Absent), At the Windsor Skating ink last night @ very pretty fete des patineurs wan eu carried ont, with smoky lamps flaring in the bi and throw- ing flickering and fantastic figures on with gracefni and awk ward men and women, boys and girls, exsaying the Eaping by) ight fantastic, and with policemen trying to be dignified and slipping wp on the sane, the little skating pond was full of interest, RACKETS, RETURN MATCH FOR THE CHAMPIONSHIP OF AMERICA, BETWEEN JON MAHON, OF NEW YORK, AND HENRY BOAKES, OF QUEBEC, [BY TELEGRAPH TO THE HERALD.) Quesro, Jan. 16, 1879, At the Quebec Racket Court to-day the return match was played for the championship of America, be- tween John Mahon, marker of the New York Court, ' and, by the way, an old Quebecker, and Henry Boakes, of this city, As Boakes had beaten his antagunist in his own court four games to one in a match in New York last December, it conld hardly be expected that Mahon would retrieve his laurels here, and the result was, therefore, as enticipated. Mahon played well, but was overmatched, and only steceeded in pulling off one game out of five. The play, however, was most brilliant throughout, Boaker’ volleys and half volleys nag be green noticeable. “Ginon opened well in the first game, and when game was called he was 6 to Boakes’ 6, which looked hough he would hh the Quebecker hard. Ho put ona spurt, how- ever, and making 9 aces before Mahon could score, rah out winner, The second game Boakes won easily. Mahon, playing with ta luck, succeeded in felting the third game, but es Was too much for him, and won the set. The fourth game was the best contested, and was won oT Muhon with the aid of some very telling high lol service, This put Boakes on his metile, and, play- Ang with great he took the fitth game with mparative ease, 01 , his opponent scoring 4 aces only. ‘The match lasted one hour, and was witnessed by Slarge number of spectators, ‘Total aces—Boakes, ‘74; Mahon, 44. Mr, Motz, of Quebec, was referee. Umpires—Mr, Sancton, of the New York Club, and Mr, Stanle y Smitb, of Quebec e two champions ib! Mt toon iP) play an exhibition game THE WARWICK YACHT CLUB. Newront, R. I., Jan. 13, 1879. ‘The Warwick (R. I.) Yacht Club havo elected the following ‘named gentlemen officers for the ensuing year:— Commodore—Andrew Robeson. ohn Ky Ht Ni Becretary-—tloward L. clark. ehtineae ‘Treasurer—W. C. Rhodes, Hogaits, Oommittesa.'¢ atta. Commit . C. Blodgett, Jr, W. G. Roelker, H. C. Allan, ©. V. Chapiu, E. €. Larned and W. ©. Bhodes, sisi of MILLER VS. ROSS. PREPARATIONS FOR THEIR COMING CONTEST OF FIFTY HOURS, Barron, Jan, 13, 1879. The medical faculty, sporting fraternity and publio generally are awaiting, with considerable interest, the coming contest between Professors William Miller and Duncan C. Roas, at the Academy of Music, on the 284 inst. The preliminaries have been arranged tor a fifty hours’ walk, the winner to receive a gold medal valued at not less than $150. Ross is teacher of athletic exercises at the Young Men’s Christian As- sociation Gymnasium in this city, is a native of Glas- gow, Scotland; is six feet in height, weighing fully two hundred P euigeaeed not yet twenty-tour years old aud less than five years in the profession. In Caledo- nian field games he bas wou and+now holds ten amateur silver medals, fourteen professional silver medals and nine golu medals. He won his tame as a pedestrian by defeating, at Glusgow, Cummings, a Tamous walker, in 4 twenty-four nours’ contest. Ln training be waiks two miles vefore vreaktast, twenty to twenty-eight mules after brevktust, aud walks two hours utter dinner, besides teaching and workin, his classes six hours daily. As compared with men of known endurance, like Bauer, Allen, Goss and others, wuo walk twenty nuiles and take very light dumbbell exercise at intervals, his training miy be regarded as excabsive and novel, it remains to be seen wiatetiect ivwill have upon his powerfui physique. His diet is oaumeal, tea, stale bread, lean meats aud no stimulants. He pro; to walk at 190 pounds, Professor William Mijier, whose name is now 4 sy1i0- nyme of skill, strengia and endurance, has in the sLort space of six years Vanquished the most expert atuletes in Australia, West ludies, on the Pucific coast, in the Canadas aud throughout the United Statex. In height he is nearly six feet, recently weighing 222 pounds; this has been reduced; and he expects to ‘walk ut 196 pounds. His diet is bread, tea, lean muc- ton aud beer anda moderate quantity of beer or aie, He walks not over twenty miles daily and does not look at bis heavy aumbbells. Early in his career, at Platt’s Hallin San Francisco he defeated with ease in # forty milo waik Homer Pennock, the famous dumbbell man, who challenged any two men ou the coast to put up bells, uot excepting obinson. ‘rhe challenge was not accepted. He then proposea a waik, having met successfully both Westou und O'Leary, wiih the above result. In fencing he has met aud vanquished such men as Howitz, the Dane, and Sergeant Stovens, In wrestling Bauer has been thrown, and with him Vanderveken, Christol, Cartaron, Heyygster, Treher, De Leon, Dennel and Murphy. In sparring, in which hes now pre-cminent, the following names are among his list of yan- quished:—Bicten, Davis, Mcvarthy, Kelly, ‘tayior, Denny, Dwyer, Rooke, Labossiere, and last, but by no means ieast, Joo Goss, whom the writer heard ré- mark;—‘Lam satistied. Miller hes won, The man who beats him bea:s a good man.”” BAUER AND MULDOON. " The representative strong man of the Metropolitan Police and the famous Frenchman evidently mean business, Report speaks well of their condition, and it is doubtful if any two of the wrestlers ever did the real, good, solid preliminary work done by the prin- cipals in this match. Irving Hall has been secured for Monday, February 3, to bring off the event, and only a small, select party will be present to witness it; in fact, there is no attempt mede to obtain pub- licity, and the whole thing appears to be u quict little tamily affair, from which it is intended to exclude the public. i Some of our sport-loving financiers appear to have @ deal of preli fun out of the thing. Having found Muldoon’s place of tice they occasionally introduce some giant gringer who thinks he is strong and can wrestle, aud Muldoon good naturedly affords them amusement by upsetting ail the canai- dates tor such honors in the most approved iashion. ‘The latest of these adventurers came trom the Stock Exchange. He stood six fect two, and was solid. ‘Two bottles of extra dry pended on the result of each fall. It took 2 basket to pay the score, aud the tun ‘was over in twenty minutes. Muldoon, who never dissipates, is quickly coming into ‘ificent form, wud when asked what he thinks of his prospects in this match, he says, with becoming modesty, but a meaning glitter iu his bright gray eye, “I've 4 tough Job in hand, but I'll do my level best to win.” THE PRIZE RING. PHILADELPHLA, Jan. 15, 1879. At two o’clock this afternoon, at the Central sta- tion, Arthur Chambers, John King and John H. Clark were arrafgned on the charge of conspiring to fight a prize fight. Several officers testified that King and Clark were introduced, in company with Chambers, to the audience of the Central ‘Theatre, on January 7th, as the participants in prize fight which was to take place. ‘The defendants were held in $1,000 each for » fur- ther hearing on Wednesday next. SPARRING EXHIBITION. Mike Gillespie, of Philadelphia, will be tendered a complimentary benefit at Hill's Theatre this after- noon, The programme embraces a variety perform- ance, boxing bouts by amateurs and professionals, wrestling aud club swinging. SUPPOSED INCENDIARISM. Between one and two o’clock yesterday morning a fire broke out in the tea and grocery store of William Winchester, No, 96 Newark avenue, Jersey City, and the flames quickly spread to the adjoining houses, ‘The Fire Department worked at the flames until four o'clock before they were subdued. The origin of the fire is a mystery, but it is supposed to be the work of incendiaries. Winchester fixes his loss at $5,000, on which he has an insurance of $3,590 in| the Royal and Relief companies. A. ©. Lewis, a hotographer who occupied the tloor above, fixes his Tous at uninsured. The building, which is owned by Thomas H. Love, was damaged which is fuily covered by insurance. ‘The adjoining building, No. 44, owned by Misa Jane Pelloth, was damaged to the extent of $1,500. Mis Pelloth alvo lost her household . She had her building and property insured 96,500, P. F. Fitzgibbon, liquor dealer, fixes his loss at $1,000; uninsured, Philip Morris, a dealer in fancy goods in the building No, 98, had his stock and fur- to the extent of $409. PRODUCE EXCHANGE. Franklin Edsoh, President of the Produce ‘Ex- change, has isaued an address to the members, in which he states that the Board of Managers and the Advisory Committees, appointed to consider the mat- ter with them, have come to the conclusion that niture their present rooms are wuneuitable and in-, adequate for the accommodation of all the members and the facilities necessary to properly conduct its affurs; that rooms more com- modious, better ventilated and better adapted to all purposes must of necessity be provided, and that the present is a favorable time to purchase sueh real estate as will be required for that purpose, or for a site on which to erect a building at # future time. On Thesilay next the members will be called upon to cast their votes as to the propriety of sutting aside & portion of the surplus the E. je for the erection of a new building. INSANE FREAKS, The Boston papers of Monday announce that Richard Smith, » wealthy jeweller of Newark, N.J., attempted to drown himself while in Boston, Yeas- terday M?. Smith was taken to his home in Newark by his relatives who had gone on to Boston for him, His mind is greatly affected, and ens Piainn ak “yt “ ‘ie bi igen hg 4 i Atew ith } torily demanded that a pty Rewaes in tition he holds $10,000 worth of stock id elect him & tor, As there was no vacanc: bank retuseds a Setemps omabe st ‘ndotons od oainide eu ‘away to Boston, al jaeagine as stated, His establishment was yesterday. POISONED BY OPIUM. Dr. Blauvelt, of West Twelfth street, called at the Coroners’ office yesterday and reported the death of Mrs. Aunie Devereux, twenty-cight years of age, of No. 84 Horatio street, from optum poisoning. He raid she was in feeble health, and that ou the Lith inet., when called in to attend her, he prescribed, « solution Sa. She mist wood his inetruc- tions and an overdose, which caused her death. WARREN COUNTY'S SENSATION. THE BALL OF JUSTICE STILL ROLLING IN BEL- VIDERE, N, J.—TWO ADDITIONAL CONVICTIONS SECURED YESTERDAY. Betvipenx; N. J., Jan. 15, 1879. ‘The Court House this morning presented @ rather curious sight—the effects of the terrible rush of yes. terday being plainly discernible, ‘Tho large plate glass doors, elegantly cut at a great_cost, were smashed, and the seats and some windows were broken. Ofcourse, much of the damage had been remedied and all of the dirt removed by the Sherift’s assistants, but enough remained to bear witness to the awful confusion that prevailed yesterday. The case known as the “Teel settlement,” which was called last night, was to have been continued to- day; and would have occupied fully two days.’ The prosecution was ready for a most vigorous onslaught this morning, and the room was, as usual, packed in anticipation of rich and racy revelations concerning ‘the late Collector Teel, the late Finance Committee King and Cox and the late Attorney Givens. When Court was opened Counsellor Morrow rose slowly, and, in low tones, suid:—""May it please the Court, on behalf of my client, Dr. Cox, I desire, with your permission, to Withdraw the plea of guilty and enter one of non vult contenderi.” (Sensation.) Counsellor Shipman—Messrs, Teel and Givens claim the same privilege, Your Honor. Counsell6r Kobeson—The same for King. This unexpected move on the part of the defence was startling, not only to the spectators, but to the counsel for the prosecution. The Court, in accepting the pleas, said that the plea of non vult differed from that of not guilty only in the faét that in the latter case the detendant was liable for damages in civil suits and in the former he was not. ‘The District Attorney then called the case of Sam- uel ‘frome for conspiracy, The defendant was not . present, and several other eases woro called in suc- cession, The detendants in these were not present either, while many witnesses were absent. Chief dust Beasly thereupon said that hereafter if de- fendant was not present when called his recognizance would be forfeited, and that witnesses who absented themselves would invariably be punished. AT THE BAR OF JUSTICE. : ‘The case of Gersham H. Trimmer, Dr. Cox and Sliker, the contractor, indicted for conspiracy to de- fraud, was then calle, 3. ©, Larrison, the present director of the Board of Freeholders and a member of the Board and Committee on Bridges, was first called as a witness, He testitied to having been a member of the Board of Freeholders when it was de- cided to rebuild what is known as the New- burg bridge in December, 1877; when the final bills were presented he signed them, No one had ever told him or the Board that an order for $199 or $150 had been given to Sliker, the contractor. His testimony went to show that, the contractor, Sliker, received two orders, ore tot $199 and one for $150, in advance of the completion of the bridge. When the work was done a bii for the full amount was rendered ,and paid. The defendants all signed the orders and Dr. Cox wrote them. Auumber of members of the present Board of Frechoiders were examined, and their testimony proved conclusively that the money had been stolen. Dr. Cox, one of the defendants, went upon the stand, aud swore that he had forgotten sbout the two orders whon he signed ihe bill for the full amount. When the case was rested neither side made any argument or summed up. ‘Che Court charged the jury very strongly against the defendants, par- ticularly Cox, and at halt-past two they retired. “{He NEW YORK CONSPIRACY.” While the jury wero deliberating the proseentor moved the case of the State against Simon A. Cum- mins, late Collector, and Edwin Bulgin, a promin- ent citizen of the county, but not an office-holder. Mr, Cummins was not present when tie case Ww: called, but it was understood that he was on his way from’ his home, twelvo miles away, in the custody of an _ officer. It was fully four o’clock when Cummins arrived and the case be- gan. In the “New York Conspiracy,” as the case is calléd, there were four actors—Simon A, Cummins, late County. Collector; Edward Bulgin, Cummins’ right hand man; John Deen and Dr. Mattison. Fol- lowing are the points on which the indictment against them was tound:—On the 7th of January a man ni Adam K. Reese, of Phillipsburg, obtained from Dean a note for $6,000, whieh already been aid. The note was taken Yo Collector Cummins, and e paid $2,304, $2,000 on the note and $#i4 for interest. Both the note and the money were give to Deun, who went home with them. At the time Dean got the note it had on it the signatures of the County Collector and * Director of the Board. Some time this Edwin Bulgin called on Dean and told bim that Cummins said that the boys were not dividing fairly with him. He wanted better treatment in the future, and it the note was delivered up to him by Dean he would pay the whole of it. ep oerne were accordingly made, and on the 23d of ch Bulgin went to New York, aud af the Pacific Hotel met Dean and Mattison. At that meeting he (Bulgin), on the part of Collector Cummins, paid Boan $400 and Mattison $400. ¥OUND GUILTY. At five o'clock the jury in the New! Bridge case came in and declared Sliker and Cox guilty and Trimmer not guilty, That the verdict was in sym- pathy with the ogee, 125 the audience was evidenced LA “g applause, which was not checked by the ‘ourt. Jobn Dean, one of the witnesses for the State in the New York conspiracy case, was first called to the stand, and in his evidence swore iy_to the facts of the transaction as relat above. He was cross-examined at length by Colonel Robeson, of counsel for the defence: ; } INSURANCE: MEN INDICTED. In the Hudson County (N. J.) Court of Oyer and Terminer at Jecsey City yesterday John Holliard, ex- president of the Mechanics and Laborers’ Savings Bank and ex-president of the State Fire Insuranco Company, was arraigned with John J. Reid by Prosecutor McGill on an indictment charg- ing them with perjury. Mr. Reid, who is secretary of the insurance company, is also a mem- ber of the Executive,Committee of the Mechanics and Laborers’ Bank. The indictment fing thatthe men, as president and secretary of the in- surance company, on January 90, 1878, swore to a statement of the condition of tho insurance com- pany, and among the items of assots set forth in the statement were “Jersey: City bonds, face value $16,000, value $17,500; Bayonne bonds, face value $6,000, value $6,180; Harrison improvement bonds, valued at $650." Among the cash asaet orn to be on hand were $562 57 in the company’s ottice and $12,525 43 in the various city banks. The indictment alleges that neither the bonds nor all the cash re- ferred to were at the time the statement was made the property of the company, and that Holliard and Reid, refore, committed per} Both men jury. pieaded not guilty and gave bail in Mr. Holliard was about leaving the court room when Prosecutor McGill called him back and again arraigned him u| an indictment charging him with having appropt to his own use on May 14, 1878, six bonds of the city of nne, of the value of $1,000 each, then the property of the State Insurance Com- pony. He in ee not guilty, and Judge Gar retson fixed the on the second indictment at 5,000, ks A third indictment against Mr. Holliard for conspir. acy to defrand the dopositors of the Mechanics and ‘Laborers’ Savings Bank was not brought up yester- any aay has been set for the trial of the accused. JUSTICE PINCKNEY'S TRIAL. + The first witness examined yesterday in the trial of Justice Walter 5. Pinckney was a Mr. Strong, who said he had a case before His Honor im October, 1877, which the Judge decided against him, When asked’ whethor the mind of the Justice was clear on that occasion he replied that he could not say that it was, (Laughter). James C. Slote, clerk to # city marshal, testified that the Judge had suffered from chills and fever; k Michael Angermann, formerly interpreter of the Court, and had been drunk with him on Third avenue; Abgermann swore he had nover been drunk in his life, Mr. Parker, a lawyer, stated that he had seen Jus- tice Pinekuey under the influence of Liquor in com- pay. Several other witnesses were oxamined, but their testimony was epimporteet, sud the case was then journed until BP, M, to-day. ¢ james BR. Dav it naan SS tae ts beet odin in) ion joinl District = aoe John Forstrand, s Swede, residing at No, 219 Enst ‘Thirty-seventh street, accompanied by his counsel, J. Kaward Swanstrom, appeared before Judge Kax- mire, in the Pifty-seventh Street Court, on Tuesday, and obtained & warrant for the arrest of James A. Carpenter, whom he charged with obtaining money on false pretences, He alleged that on the 6th Jnst. he answered an advertisement of Carpenter's asking for a clerk in ® grocery store at » woekly salary of $10, and at his request gave him $200 to secure fshorif, atid ino tence of ton ho Carpenter. Jauuary saw an advertisoment sirilar to the one wiich hi uiled Foratrand, and auswering it received a note, which signed ae and requested him to call at No. 288 bth avenue. Mr. Swanstrom said he was sure ete vy Bd me who had ia py) his ee ie mire there: 1 ited the warrant. it night Oilleer Eeilard arrested Car iter at the house on Kighth avene and terdas the Firty-seventh Street Gourt, w! Sed by Forstrand aud held in $1,000 bail to auswerg Other persons testified that Carpenter had ‘swindled them in the same, .