The New York Herald Newspaper, January 17, 1879, Page 8

8 KATE COBB. Guilty of Murder in the Second Degree. THE JUDGE’S CILARGE. Deliberations of a Fatigued Jury. NIGHT SCENES IN COURT.! [BY TELEGRAPH TO THE HERALD. Nonwicu, Conn., Jan. 16, 1879. ‘The contrast in the Cobb trial between to-day and yesterday was as marked as it is possible for a con | trast to be. While State’s Attorney Waller was mak- ing his argument to the jury the Court room was crowded to suffocation, and the space inside the bar was mostly occupied by women who had come to hear the worst things that could be said against @ woman, When he finished they broke like a flock of sheep, and the spirit of the lot was ex pressed by a vigorous old lady whom I met pushing her way out. “I've heard Waller,” she said triumphantly, ‘and that’s the best part of it.”” ‘This morning comparatively few women were on hand, and even these disappeared in the Jong. weary hours of waiting for the verdict. But, notwithstand- ing the jury was out and there was no prospect of an agreement, the male part of the crowd clung tena ciously to their places, A more quiet and orderly crowd it is impossible to imagine. Indeed, it might be called listless, so patient and dogged was it honr after hour. Six, seven, eight, nine, ten o'clock came, and the patient mul- titude sat immoyablo as it had sat all day. Katie Cobb was not present, Nobody offered to sing asong or make aspeech, and the only relief to the supreme duluess of the evening was an influenza chorus, which was kept up without cessation. ‘SIN LAR PRACTICE IN CONNECTICUT, At ten o'clock it was understood that the jury would be called into court and, strange to say, dismissed for the night. The practice in this respect is very loose in this State, and the lawyers are loudly com- plaining of the laxity of the Court. The importance of the Cobb case and the liability of the jurors to be influenced by outside parties after the charge of the Court urged counsel to make a strong effort to induce the judges to keep the jury together over night if they failed to agree, but no promise could be obtained to that effect further than an order for supper for the jury, It was telt thatthe jury would not agree during the evening if they had the slightest expectation of being released from the Court House, and State’s Attorncy Waller was anxious they should know that they must find a verdict. He made an appeal to the judges a few minutes before ten o'clock, when it was understood the jury would be called into court whether they had agreed or not, but novody knew what the result would be. When the jury came in they seemed happy in the expected release for another night, and announced that they had not agreed with @ great deal of nonchalance, Judge Culver was alone on the bench, and, in an exceod- ingly quict tone, he said, “Gentlemen of the jury this is avery important case, and if you will remain I shall. You will remain.” A more chap- fallen set of jurymen was never seen before, and the twelve good men and trie walked back to their room looking like twelve condemned cuiprits. ‘They were desperately disappointed, but it is still. uncertain whether they will be kept the night through if they fail to agree. ‘The “rumor then was thut they stood six to six. THE JURY COME ‘tO COURT. After the retirement of the jury following this re- buff the hands of the clock turned slowly, but still the multitude sat in their places in undiminished numbers. If there was anything to be seen to-night the crowd was determined to be on hand to see it, Midnight had nearly come, but still no jury. At last, within a few minutes of twelve o'clock, there was a stir among the court officers, and it was said the jury was coming into court. “They have agreed wpon a verdict,” was whispered over the room, and then the crowd became not only expectant, but eager speculation was rife as to the character of the verdict that had been found. “It is either murder in the second degree or acquittal,” was the general voice, But which? Nobody expected Kate Cobb’s conviction for the capital offence, but the hope that she had been found guilty of the minor crime was the source of such an expectation. At this time the accused was not in the court room, and how anxiously she was wait- ing the event which was to decide her fate none could know. Twelve o'clock came, but still no jury, and the crowd began to grow uneasy. It was known that they had agreed and there was anxious inquiry into the cause of the delay. Finally it was ascertained that it was owing to the absence of Chief Justice Park. At last the jury filed into court at seven minutes past twelve and the Judges took their places. on the bench. Just then tho tall figure was seen entering the room by the opposite door, leaning on the arm of the Sheriff. Slowly and solemnly she walked to her place, THE VERDICT. Extreme quiet reigned and the jury announced that they had agreed. The prisoner was told to stand up, and she arose as slowly and solemnly as she had en- tered. Behind her sat some lady friends and her ed mother. They showed by their faces that they confidently expected her acquit- tal. If they had looked at the jury with scrutini zing eyes they might have anticipated a dif- ferent fate for the poor woman who stood before them in the presence of the Court. The foreman’s voice trembied as he announced that the jury had found the prisoner “guilty of murder in the second " ATION OF MR. WAIT'S SPEECH, Colonel Wait during the morning proceeded to further confuse the minds of the jury on the question whether Cobb was or was not poisoned with arsenic administered for acriminal purpose. He noted all the nostrums and patent concoctions which the deceased had been in the habit of dosing himself with, and intimated that the cause of death might be found in some one of these things, all of which are denounced by respectable physicians as hurtful, Then again, if the jury chose to believe that Cobb did die of arsenic, it was essential that they consider whether or not he had taken the arsenic for medicinal purposes, to gain more flesh and avoid for the future the ridicule of jokers, who called him “Skinny.” The talling out of Cobb's board three years or more ago, the flaking of the cu- ti n his limbs, both of which may result from arsen #, should, he claimed, be considered, and that this arsenic was purchased for Cobb by Bishop Secretly was not surprising, for he had been a drug clerk, was an intimate Criend, and it is usual for those who indulge in arsenite, opium or morphine to con- duct the practice secretly. Bishop was sharply eriti- eised on the character of lis confessions, coming into Court with his bine temperance badge, pretending to be regenerated and ready to tell ything, and tell- ing one story after another, conflicting, unreliable and improbable. A PERTINENT QUESTION, Why didn't the wife tell the doctors, after Cobb's death, that her husband had been eating arsenic? asked Colonel Wait, and then he offered the remarkable ex- Planation that she had not done so because she did not believe that death had resulted from poison, the doctors not having suspected it, and she having been led to believe that arsenic in medicinal doses, as tuken by him with her knowledge, was wholly harm- less. A moment later Colonel Wait made one of the strongest points in his address by placing before the jury the inhumanity ot Bishop toward his own wife after ho had determined to yet her out of the way; his plan by which he hoped to bring her to use Medicines for abortion, and he to mix therein deadly dvugs, which should take her Jife and rosult in no symptoms to excite suspicion, Such devilish work as tis, claimed the speaker, was just such work as Bishop would have done and did do in perpetrating a pee. crime in the poisoning of chasiic Cobb. it there ever was @ criminal agent who destroyed the lite of Cobb, that agent was the cringing, inhumen Bishop! INNOCENT VISITS ! The visits of Bishop to the Cobb house in the course of his grocery business, were dwelt upon at some lenge and it was suggested to the jury that they consider the meron tact that the neighbors, prying and inquisitive az they were, had never de- tected sarthing of word or action on the part of Kate Cobb indicating any affection for Bishop. There was, in short, nothing more than the visits of business, extended a few minutes by the friendship that had long existed between the Cobbs and the Bishops. Many of the presents between Mrs. Cobb and Bishop can, also, said Mr, Wait, be explained on the ground of this friendship and the pequainiance extending from childhood. Bishop himself says that he gaye the hand mirror only as g token of triend- ship, At this | re Colonel Wait produced the pearl pencil, which Bishop says he gave Kate Cobb and which Kate says she found on a steamer, and passing it to the jury called their attention to initials scratched on the pencil, *M. A. H.”’ ‘These, he said, are not the initials of anybody in the case, and are probably those of the person who lost the article where Kute Cobb found it. (they had not previously bven noticed when the pencil was put in evidence by the State}, ¥ State Attorney Waller (interrupting) raised an ob- jection that there was nothing in evidence relating to these initials, and it was possible that Kate Cobb herself had scratched them ou with a pin. Colonel Wait replied somewhat tartly that the pencil was in evidence; it had been putin by the State aud it showed for itself. Passing brietly over some of the minor presents, Colonel Wait considered the present of the cup and saucer which Bishop gave Kate, tirst having it sent toNew York and marked “Pet.” BISHOP FORGOT HIMSELE. State Attorney Waller again interrupted the speaker, and denied a statement made by him that Bishop gave this cup in return for u toothpick that Kate gave him. Reference to the stenographer’s notes showed con- flicting statements by the State’s witnesses, Bishop had sworn that he gave this cup in return for the toothpick, while the testimony of the dealer who sold the cup showed that it was bought by Bishop and sent to New York in March, while the toothpick was not purchased and marked “Pet” until May, This discrepancy was seized upon at once by Colonel Wait us a subject for five minutes of sharp attack on the character of the evidence of the State, and espe- cially Bishop, and, following it up, claimed that there was no proof that such a cup had ever been given to Kate Cobb, excepting that of Bishop alone. Colonel Wait next ventured upon one ot the bad points in the case for his side, the alleged tam- doring with little Della Cobb, ton years old, to induce her to swear falsely regarding the cup. The speaker went over the evi- dence at great length, and showed that the defence had the testimony of three adults as to what she did say against her own feeble memory and under the influence of witness stand embarrassment. Colonel Wait characterized as preposterous the assertion by Bishop, under oath, that when he visited Cobb's house in January, 1878, Cobb being in ‘Troy, he was not guilty on either of the tour nights of improper conduct with the prisoner, although he admits that he was refraining trom marital relations with his own wife, And supposing all this to be true, con- tinued the speaker, not a human being can be found who ever saw him’ enter or leave that house on any one of these nights, although the prosecution had searched for witnesses, to use a Scriptural phrase, “with candles.” These were moonlight nights; policemen were on the streets; there was a blaze of quslight reflected upon the door from an opposite gaslamp, and not @ soul saw this poltroon Bishop, while hire. Cobb accounts for her movemeuts on every one of the nights, and has witnesses to corrob- orate her statements. Again, Colonel Watt ques- tioned the truth of another of Bishop's stories, that on the first night Kate came to his house they passed the time only in conversa- tion, and asked the jury to consider whether this could be believed when in the same breath Bishop stated that his wite was dead and that he was tben } Binning with Kate the murder of Cobb to make safer tue gratification of his passion. Coming down through the months of the intimacy to near the time oi Cobb’s death, he sought to explain away some of Mrs. Cobb’s suspicious actions and was proceeding with this when the Court took a recess until two P.M. AFTERNOON SESSION. At the afternoon session Mr. Wait continued his argument, discussing the contradictions of Bishop's testimony relating to the alleged mecting with Mrs. Cobb in Church street, showing, by her corroborated testimony, that she was clsewhere at the time Bishop says she was with him, He dwelt at great length on the uncertainty of identification, quoting the tamous Professor Parkman case, when a dozen witnesses testified to seeing the Professor, and even speaking to him, after he was dead.’ Ke- ferring to the alleged correspondence — between Bishop and Mrs. Cobb, he pointed out that not a scrap of it was brought into court to show that it ever existed, Mrs. Cobb's explanation of the way the poctry came into Bishop’s possession, ho claimed, was perfectly natural, and the pencil changes, he said, were made by Bishop. Near the close of his argument he fiercely denounced Bishop, charging upon him not only the murder of Cobb, but of his own wife and his own father. ‘The last assertion brought Mr. Waller to his feet, who said, “There 1s no evidence of the kind. Wesley Bishop has done enough without being charged with murders he did not commit.” “He has done enough,” Mr. Wait answered, as if fully satisfied with the point he had made. It was halt-pust three o'clock when his argu- ment closed. THE JUDGE'S CHARGE. Judge Park then delivered his charge to the jury. All the evidence, he said, had been heard, all the argument had be’ made, and now we are ap- proaching the most interesting part of this impor- tant case. After invoking the jury to a calm and careful performance of the duty devolving upon them, he defined the law of murder and submitted and indorsed the requests of the counsel for the ac- cused, The Court said there was litle controversy us to whether Charles H. Cobb died of poison, aud indicated that this point had been established by the prosecution. ‘The theory of the arsenic powders was then discussed somewhat doubt- fully, and then the attention of the jury was directed to the question, “If Charles H. Cobb did not die by his own band by whose hand did he die?’ Bishop's testimony was analyzed, Bishop being characterized as a witness who is self-con- demned, and the Court said the only question was how far he was to be believed, if believed at all. The corroborating circumstances were also fully con- sidered, and at five minutes past five o’clock the case was given to the jury, the Judge's charge occupying an hour and a half in the delivery. As aiready stated, the jury came in at miduight, finding the prisoner guilty of murder in the sscond degree. HOW HULL PAID A DEBT. Inquiry was made yesterday at the banking house of John Munroe & Co., No. 8 Wall street, as to the manner in which they came into possession of the five four and a half percent bonds, part of the $30,000 lot received by Hull from the firm of Field & James. It was stated that Munroe & Co. had transacted busi- ness wit! Hull on several occasions and the latter owed them a balance of $900 for some time. On Saturday, December 28, between two and three o'clock th the afternoon, Hull entered their office, and, remarking that he had been dunned long enough for this debt, threw down five four and a half per cent bonds and told the cashier to sell them and to take out the money which he owed. Mr. Munroe in- formed Hull it was too late to dispose of the bonds and suggested that he should wait until the following Monday, Hull remarked that Mr. Munroe had better k t and pay him the balance, and as the firm had known him tor six ycars they agreed to this proposition, paid Hull $4,200 and Kept the bonds, which they sold to the First National Bank on Monday. It was @ legitimate business transac- tion, and Munroe & Co. had bought the bonds in good faith, and had not seen the notification of Pield & James’ loss, at the time of the purchase. At the First National Bank the officials were reticent about the entire matter, BAYARD ‘TAYLOR. Dologates from the principal German singing socie- ties assembled last night in the Germania Assem- bly Rooms to perfect arrangements for the holding of @ grand lodgo of sorrow in honor of Bayard Taylot on the arrival of his remains in this city. The lodge will be held in the great hall of the Asserubly Rooms, which will be draped in black, A dirge will be vie | by the united societics. The meeting adjourn until next Monday evening, when a portion of the music will be reheai ON THE RIVER. COLLISION A great deal of excitement was occasioned on board of the Hamilton avenue ferry boat Monticello, yester- day afternoon, as she was on her way from Brooklyn to this city. She had nearly reached the centre of tho river when the steamship Jennie Olton ran into her. The passengers, perceiving thut an ac- cident was inevitable some moments before it occurred, were slmost frantic, and ran to the opposite side of the boat, During the excite- ment several of the Indies fainted, When the bow of the steamer struck the ladies’ cabin that portion of the boat was entircly deserted, otherwise « fearful calamity would have occurred, as the eabin was carried entirely away. ‘Che ferryboat, after landing her passengers, proceeded at once to the company’s dock. She is damaged to the extent of about $1,000. ‘The steamer was but slightly damaged, aud after the collision continned on her cour: A MISSING MERCHANT. ‘The police of the Brooklyn Central Office were no- tified yesterday afternoon that Mr. Rowland Hill had been missing from his place of residence, No. 351 ‘Tenth street, that city, since Monday, the 13th inst., and his family were anxious about him, Mr. Hill, who is # wine merchant doing business at No. 97 Wall street, this city, left his home on the day in question for his office, but subsequent inqniry showed that he did not yo there. He had in his possession # valuable watch and chain, some other articles of jewelry and some money. Mr. Hill, who is dfty-two years of age, is a sober and steady man, He is five feet ten inches: in height, stout in build, is of light complexion, and has @ light mustache. He wore «a black overcowt, dark striped pants and vest and a Derby hat. HEARTS THAT BEAT AS ONE. A COLORED WIDOWER OF EIGHTY MARRIES 4 WIDOW OF FORTY-NINE, Cornelius Williams is eighty years of age, but his mustache and the shapely side whiskers into which it extends are still of raven hue. Nor would the hair which borders the bald patch on the summit of of his cranium look gray were it not for the ebon blackness of the iutermediate scalp, Uncle Corneel, as he is called by the attachés of the Custom House, where he hus isa native of New Jersey, but for upward of twenty years has lived in Brooklyn. Last evening, however, he took @ leading part in @ ceremony which will cause bis removal to this city, where, if nothing un- foreseen occurs, his closidg years will be spent. ‘Thirty years ago, while still living in New Jersey, Cornelius met the blooming woman, then a budding girl of nineteen, who last night became his wile. But fate in the shape of a wife then living prevented their union at that time and since then the bridegroom has married @ second time and given a daughter in marriage. Nor has his present wife neglected such opportuni- ties as were offered during the past, and her early admirer and present husband is the third to whom her heart and hand haye been united in the bonds of matrimony. Mrs, Sarah Ann Sands resides in a tenement house, directly in the rear of No. 212 Sullivan street, and there a reporter of the Hrratp made his way at nine o'clock last evening. In a front room on the second story stood Uncle Corneel, arrayed in shiny black coat and trousers, spotless white walsteoat and dress shirt with gold studs, Piccadilly collar and wide white neckeloth. His left hand was concesled by ‘api cious Lisle thread glove, and in his right hand the aged bridegroom held the last half of a rosy-cheeked apple, Waving the reporter to a chair the host took a seat himself and graciously answered a number of long been employed, | A MURDERER SENTENCED. 3 Kenney, Neb., Jan. 16, 1579, ‘The trial of 8. D. Richards, the self-confessed mur- dever of several persons, was held at Minden yester- day. There were three indictments against him for the murder of six persons. The particular charge on which he was tried was the murder of Peter Ander- son on the Ith of December last. He pleaded “not guilty of murder in the first degree.” His testimony was to the effect that having twice knocked Anderson down for giving him the lie, and having threatened to kill hint unless the statement was retracted, Auder- when he (Richards) struck hin on the head with a ha rand dnished him. The ease Was given to the Jury in the afternoon, and they returned a yerdict of guilty after two hours’ de- liberation, Judge Geslin then pronounced sentence that he be hanged April 26, allowing him exactlyethe 101 days provided by law between sentence end exeen- tion, “The prisoner manifested no emotion, It is feared the people may take the law into their own hands in this case, MURDERED BY HIS BEDFELLOW, Cutcaco, Il, Jan, 16, 1879, A brutal murder was committed last night in Brown's rolling mills, South Chicago. Frank Don- oghue, aged twenty-six, rose in the night from the bed in which he was sleeping with his friend and fellow workman, Martin Houston, and taking a pocket knite, stabbed Houston about the head some twenty times. When found this morning Houston was dead. Donoghue, who is even now under the influence of liqnor, ‘admits the inurder, and says there was no catise for it except his own condition, he having been almost delirious from drink for some weeks past, CAPTURE OF A MURDERER. Nasuvieix, Tonn., Jan, 16, 1879, Knox Martin, colored, was captured to-day and has confessed the murder of Whittemeyer and his wife, | som started for an axe questions ag to his matrimonial and business exper!- ences, AN OLD NEW JERSEYMAN. “I was born out in Jersey,” he an, “and lived thar till I was nigh sixty-year-old, The first time I married was when I was ut twenty-two, and my wife lived hard on to thirty years. Then I married ee in eighteen months or so, I lived in Newark about the year '53 and worked tor Marster Marcus Ward. Then I went with Mr, Allen, and 1 used to blow and strike in his blacksmith shop.” When told that his former Sapiens, “Marster Ward,” had since been Governor of New Jersey and a member of Congress, the old gentleman was vastly surprised. Though so long a resident of New Jersey he had never visited the historic village of Borden- town, the retreat of royalty in America, but had once peat through it in the cars and took a violent dis- ike to its appearance. He had heard, however, of the Bonaparte Park, and meant to see it before he died. It was more than Cornelius could do to remember when his second wife went to the better land; and when asked the full name of the lady to whom he was about to be married he referred the reporter to Mrs. Brown, who occupied a chair in the room and readily furnished the desired information. A picture of Mrs. Brown was stuck in the looking-glass, and when the reporter took it down to express his admiration of the likeness Cornelius asked where a good photo- graph could be had. “(HE'S DEAD, TOO.” “I want to be took with my brother along side of me.” “How many brothers have you, Mr, Williams ?” “I haven’t none, now; they are all dead but my twin brother,” adding, the next moment, ‘‘and he’s dead, too.”” i" “But with whom do you want to bephotographed?” “Well, I'd like to have a phones! h taken with my brother. We're as like as my two thumbs.” Before it was possible to learn exactly how the proposed group could be made, a door at the back of the room was opened, and the bride, who during the interview reported had been dressing in an adjoining apartment, stepped upon the scene. The reporter rose and bowed and roceived acourtsey froma buxom dame attired in a drab colored silk dress, trimmed with lace, and set off by a necklace of jet. This unobtrusive ornament served as a bi round to a gold locket and chain. But the chief articles of jew- eiry were a pair of diamond earrings. Mrs. Sands— for such was the nameof the widow at that mo- ment—was furthermore improved in appearance by a pair of gold bracelets on her wrists and a bunch of =e white flowers in her well curled, glossy locks. “My, Ido believe we're half an hour late. They'll all be a tired of waitin’.” Then to the bridegroom, who was putting ona soft black hat preparatory to making his way to the front building, on the second floor of which the ceremony was to be performed, “L hadn't no idea you wus 4 goin’ to wear that distressed looking thing. Where's yer beaver ?”’ THE CEREMONY. ‘Thus admonished, Cornelius began to unwrap a eoruy newspaper parcel and fished out a rough look- g stovepipe hat, that had been out of fashion since his first wife died, Everything being in readiness, the party, headed by the bride, proceeded to’ the street aud thence to the apurtment prepared for the wedding, — wi some.~diftecm. or twenty dusky guests were sitting in pleas- ant expectancy. Rev. Mr. Anderson, pastor of the Zion African Methodist Church, performed the ceremony, and the responses were repeated with commendable accuracy by the experienced bride and groom. The only word that gave them any trouble was the pollysylluble “ordinances,” which Cor- nelius metamorphosed into ‘audiences’ and Sarah called “ordine: But these little slips were overlooked, a though the bride was nervous and the groom has a slight im- pediment in his speech, the ceremony was creditably accomplished, Atter Mrs. Williams had been con- gratulated by the clergyman and kissed by her lady friends a delicious repast of wine and cake was sproad before the wedding guests. The bridegroom has had nine children, one of whom, a married daughter, is still alive. Four grandchildren—one twenty-eight years old—are yet in the land of the living. ENDURANCE REWARDED, A RECEPTION TO MME. ANDERSON—-THE PEDES- TRIAN PRESENTED WITH A SILVER TEA SER- VICE, Mme. Anderson was tendered a reception last even- ing in Mozart Garden, Brooklyn, by « number of well known gentlemen of that city who desired to express their appreciation of the work she had done by presenting her with a suitable testimonial. The garden was handsomely dccorated, and a couple of long tables on the main floor were covered with refreshments. ‘The party say down to table at about half-past nine o'clock, Mme. Anderson occupying the head of one table, with her husband, Mr. Paley, on her right and Mr. A. R. Samuels on her left. General Catlin sat next to Mr. Samuels and opposite to Mr. Jolm H. Simonson, ‘There were about one hundred and fifty ladies and gentlemen present. After the eatablés had been dis cussed Mr. Samuels introduced General Catlin, who had been selected to make the presentation, ‘The General began his remarks with a dessertation on legs, alluding in a playful manner to the fact that Corporal Tanner had been selected on Monday night to make a speech about a lady that owned the fastest and finest feet in the world. It savored rather of a huge joke that the man selected to talk on that occa- sion could not make 2,700 quarter miles in 2,700 years. Speaking of the testimonial, the General said that something of more than ordinary interest had been done by this lady to induce so many distin- guished men of Brooklyn to mark her successful performance by the presentation of a handsome sil- ver service. MME. ANDERSON'S REMARKS. Mme. Anderson, in response, said that it had been an easy task for her to speak when on the stage, for sho was then doing her work; but on this occasion there was something more. cng | to General Catlin's remarks as to her walk having been an example to women, the lady pedestrian said:—‘I trust in Him that’ gives us our strength in mind and body. He is all powerful and able to give us all we require, if we only put our trust in Him, I think the very woakest of us might do great things, if they could ‘only feel that they have ‘the Great High King for afriend. I say this kind of talk may seem strange coming from me, but it is what I feel and [try to be sincere and honest in everything I do. I do not think that the work that Ido on Suu- day is productive of any harm, as people might go to far worse places. Nothing transpires in my presence of an improper nature, aud 1 do not think little musie will do any harm to anybody. If ladies wish to learn to walk they must commence as I havedone and do their work by degrocs. If they have been accustomed to walk two blocks every fe § let them walk three tho next and five the next an they will soon be able to walk several miles, They will find that they will become stronger and healthier Anderson concluded by thanking the press rybody who had assisted her in her under- THE SERVICE. ‘The testimonial consisted of a sterling silver tea set that cont $600, The set comprises coflee pot, teu pot, sugar bowl, milk jug, slop basin and tray. ach of the different’ articles bears the following inscrip- tion:—""Presented to Mme. Anderson by the citizens ot Brooklyn as @ token of their admiration of her physical endurance, under the direction of A. Re Sumuels and J, H, Well.” Atter a few more speeches the purty dispersed, A BIX-DAY WALK. ‘The track in Mozart Garden is being lengthened in order to prepare for the pedestrian feat that is to take place noxt weck. Harry Howard, of Glencove, is to attempt the feat of walking 450 miles in six days, commencing at five minutes past twelvo o'clock on Monday morning. Holske: will start at the same time in an attempt to walk 190 miles in forty-ciyht hours, and on Thu rs ‘iday and saturday Harriman, of Dostou, will walk fitty miles euch day, the distanco to be made under ten hours, the particulars of which were given yesterday. MURDERERS INDICTED. SPRiInGvizLD, Mass., Jan, 16, 1879. John C. Daly, a hotel keeper at State Line, near North Adams, who, while drunk, killed James P, Spellman, an old scissors grinder, in July last, because of a charge of twenty-five cents, was indicted for mur- der to-day by the Grand Jury at Pittsfield. William Tontgomers, who shot George Ellis at 3 in November last during a quarrel over a ame of cards, was also indicted for murder to-day. th trials will be called next week. PROBABLE MURDER. Lovisvinxe, Jan. 16, 1879. A Courier-Journal despatch from Frankfort, Ky., says late this afternoon an Italian, who keeps a grocery in South Frankfort, in a quarrel with Richard J. Crittenden, son of Colonel John Allen Crittenden, struck him on the back of the head with an iron weight, breaking his skull, It is feared that he cannot recover. ‘he Italian is in jail. HANGED WI!HOUT TRIAL, Curyenne, Wy. T., Jan. 16, 1879, A passenger on the coach from the North to-day reports that on Tuesday a party of soldiers found the bodies of two men near the Fort Laramie and Fort Mc- Kinney road. | Ono was hanging toa tree and the other was lying on the ground. It is supposed they were horsé or cattle thieves who had been hanged by ranchmen, who, being short of rope, haaged one and when dead cut him down and thea hanged the other. THE MURDER OF OFFICER SMITH. “COVE” BENNETT AND MRS. JENNIE 2. SMITH ARE ARRAIGNED AND PLEAD NOT GUILTY, At the opening of the Court of Oyer and Terminer in Jersey City yesterday the room was greatly crowded, it having been rumored that Mrs. Jennie R. Smith and Covert D. Bennett would be arraigned tor the murder of Police Officer Richard H. Smith. After the Crier had formally announced the opening of the Court Sheriff Toffey left the room and returned in a few minutes with Covert D. Bennett. The pris- ouer wore a heavy coat, and, after shaking the snow from his coat and ‘hat, .he passed Up near the bench and took a seat by the side of his counsel, ex-Judge William T. Hoffman, with whom he engaged in # lively conversation. He is quite boy- ish in appearance, smooth faced, with well oiled auburn hair, and assumes, when standing, quite a dramatic attitude, His conversation was interrupted by Prosecutor McGill, who directed him to stand up and who then read to him the indictment charging him with wilfully assisting in the murder of Richard Harrison Smith at his house, No. 133 Pacific avenue, Jersey City, on the lst of August. ‘lo the Prose- cutor’s question, ‘What do you picad, guilty or not uilty?’” Bennett replied, “Not guilty,” and resumed is seat by the side ot Judge Hofman. He was then taken back to his quarters in the jail. Bennett had hardly quitted the building when Major Peel entered, with Mrs. Jenny RK. Smith cling- ing to his arm. She wore the same black dress and veil that she wore when first arraigned for her hus- band’s murder in September last. She took the seat just vacated by Bennett and raised her veil. When directed by the Prosccutor to stand up she arose from her seat and, crossing her hands in front of her, re- mained motionless during the reading of the indict- ment, which charges her, “ria with Bennett, with the murder of her husband. Notwithstanding her long incarceration she has greatly improved in her appearance, Her face, always fascinating, is now more full than ever and possesses more colc When asked by the Progecutor what she desired to plead, she answered ina film, clear voice, “Not guilty, ee. ‘Then lowering her veil she turned to resume cat. Will counsel he ready,” inquired Jus Knapp, “to try this case on the 2ith inst.?” cl ° Judge Hoffman replied that he knew of nothing to prevent the defence from being ready at that time, and the Court remarked, ‘Then the case is set down tor that date.” Mrs. Smith then arose, and taking Major Peel’s arm, quitted the building and was placed in her old quarters, in ward No. 2, in the Couuty Jail, THE WILLSE MURDER. CROSS-EXAMINATION, OF THE ALLEGED MUR- DERER—8UMMING UP THE CASE. Despite the state of the weather Part 2 of the Court of General Sessions, Judge Cowing presiding, was again crowded to the doors yesterday morning when the trial of Frank McKenna for the murder of Will- iam Willse in September iast was resumed. The prisoner, who testified in his own behalf on the pre- vious evening, was. subinitted to a severe cross-exam- ination by Assistant District Attorney Rollins, who conducted the case forthe prosecution. McKenna admitted having been previously arrested on threo occasions. He claimed, however, that the shooting of Blum was the result of an accident, as he was only showing him a pistol in a suloon, when it went off and struck @ match box and hit him, inflicting only slight injury. He refused to prosecute. In reterence to the stabbing of Peter Reynolds, the prisoner said that he and his brother were at- tacked by him, that he had a knife in his hand, aud that when he (the prisoner) attempted to take it from him Reynolds was cut. No action was taken in the matter. As to the fight in “Owney” Gcoghegan’s saloon, the prisoner stated that he and his brother were insulted there, and that only a tew blows wero struck and that he was fined $10 for disorderly con- duct. The witness was then cross-examined as to the murder, and he still persisted in his denial that he had used a pistol, but said he had been beaten by the Willse brothers, one of whom was now in State Prison for assaulting him. Officer Gray was recalled by Mr. William I’. Howe, counsel for the deience, to prove that when taken to the sta- tion house McKenna had a cut under the ear and was nang At the close of the testimony Mr. Howe summed up for the prisoner, and in the course of a lengthy and vigorous address insisted that tho do- ceased man never came to his death at the hands of the prisoner. He argued that all the facts in the case clearly showed that “Ike’’ Wiljse in femting ho Me- Kenna missed the mark and killed his own brother, He contended that the Willse brothers were the ag- gressors, and asked for an acquittal at the hands of the jury. The summing up will be resumed this Se oo and # verdict will doubtless be reached o-duy. THE CLUTE HOMICIDE. A coroncr’s inquest yesterday determined that Thomas Clute, who was knocked down and beaten on Chatham street last Saturday night, received his in- juries at the hands of either Edward Jutzman, Lud- wig Reamer or Ludwig Volkes. The prisoners were committed to the City Prison. ROTTEN MEAT FOR THE Poor. State Commissioner of Charities Ripley Ropes, of Brooklyn, sent # communication to the Kings County Board of Charities on Wednesday last setting forth that frequent complaints had been made concerning the quality of the articles fur- nished for the use of the poor in the charitable institutions under the care of that Board. Mr. Ropes believed, from examination, that the com- plaints were well founded. Commissioner Henry stated that he had found twelve quarters of beet received for the county buildings, aud that they were “as rotten a mass of beef as ho ever saw in his life.” ‘The filth that is sent to these institutions,” he said, “is common talk in New York.” He hoped that the communication would be plaved on file, and that the Board would investigate the matter, A motion to investigute character of the supyiies was adopted by the NEW YORK HERALD, FRIDAY, JANUAKY 17, 1879,-TRIPLE SHEET. THE NINETEENTH MOLLY HANGED Execution of Martin Bergan for the Murder of Patrick Burns. REMARKABLE COMPOSURE OF THE CULPRIT. Marching to ’the Scaffold with a Bouquet. A COOL ADIEU TO THE WIFE. * [BY TELEGRAPH TO THE HERALD.] PorrsvILLE, Pa., Jan, 16, 1879, The execution to-day of Martin Bergan was un- attended by any scene extraordinary to Molly Maguire fatalities. The first wife of the unfortunate man ap- peaved carly at the prison and was admitted to her husband's cell, She was unaccompanied by either of her children, but the Sisters of Mercy endeavored to console her in the trying ordeal. Bergan slept soundly until about four o'clock this morning, when he arose, and to the interrogation of his guards re- plied that he had never experienced a more refresh, ing repose. LAST HOURS IN HIS CELL, Alone in his cell, by the light of a candle and in front of an altar temporarily erocted, he devoted one half hour to prayer, and subsequently turned his attention to the well-fingered pages of his prayer book until his spiritual advisers (Fathers Brennan and Gallagher) arrived. He manifested remarkable composure, not to say indifference, to the impending tragedy of the day of which he was to be the central figure. Low mass was said in his cell, after which he ate heartily of eggs and milk toast, but declined coffee. His first wife was again alone with him, and he expressed great contrition for his unfaithful- ness to herin uniting himself to his second wife iu Canada; but while in this mood of repentance for violating the marital vows he gave utterance to lan- guage deeply expressive of respect, if not affection tor the companion he has been advised since his conviction to renounce, and who has been alla wife could be to him during his sojourn in Canada, and by whom three children have been born to him, At the parting there were none of the affecting circum- stances usually incident to such farewells upon the part of either. Great grief was exhibited, but it par- took more of the character of a warm friend parting with a friend than that of a husband and wife bid- ding a last adieu. PERFECTLY COMPOSED. At a quarter to ten Bergan’s spiritual advisers en- tered his cell, and found him complacently smoking a cigar and chatting lively with his two cousins, Simmons, who had walked several miles during the morning to see him. Upon their entrance the rela- tives retired to an anteroom, in which they remained until after the execution, The demand for passcs was not large, and the crowd around the thres- hold drawn thither was so small as to cause com- ment. A heavy snow storm prevailed, and Sheriff Raudenbush had arranged matters so admirably that no one entitled to admission was kept waiting a mo- ment, Less than one hundred presented themselves at the door with the autograph of the Mayor. THE PROCESSION TO THE SCAFFOLD. At twenty minutes past ten o'clock the elect went down to the corner where the scaffold was erected. It was a dark, lead color painted instrument of death and of rude construction. For twenty minutes the small company awaited the coming of the procession. ‘Then appeared at the door Sheriff Matz and Warden King, arm in arm, followed by Fathers Gallagher and Brennan supporting Bergan, the two latter holding lighted candles. Then followed the jury, flanked by a squad of police. The usual invocations to the Throne of Grace were read and responded to by Bergan, who held closely to his lips # small cross. He was uttired in a well worn of black; around his neck was a long string of white beads, to which wes attached another small cross. Upon his spotless shirt bosom a rich look- ing gold drop was pinned. A well laundried turned down collar and black necktie and a buttonhole bou- quet, the prominent feature of which was an clegant tea rose, completed his toilet. To the unprejudiccd witness of his demeanor he presented the appearance of a gentleman worthy of confidence, or rather that of & young business man. He walked with uncovered head steadily and without trepidation to the scaffold. At the foot of the stairway leading to the treacherous platform he stopped a moment, kicked the snow from the heels of his boots, and then poily walked up the angway, proceded by the Sheriff and Warden and fol- lowed by the priests. He handed his lighted taper to Father Gallagher and mechanically stepped to the centre of the platform, immediately under the beam from which the fatal noose was suspended, HIS LAST MOMENTS ON KARTH. * Sheriff Matz then addressed him—to wit, “Martin Bergan, have you anything to say why this execution not be proceeded with according to the order of the Court and the warrant of the Governor?” Bergan threw his shoulders back, looked the Sheriff straight in the face with his jercing eyes and re- sponded, ‘Nothing to say eal it; I am going to die like a true man.” The holy fathers shook hands with their charge, omitting the kissing and returned to the foot of the stairway. Bergan then shook hands with Warden King and turning to Sheriff Matz said coe inandibly. Samuel Snyder, Deput; Sheriff, then stepped behind him with the rand. cuffs, and Bergan taking the cross depending from the beads kissed it pussiouately twice, and then put his hand back, at the same time saying, ‘God biess you, Sammy; it is all right.” The Deputy was well acquainted with Bergan and told your reporter that the two often played cards together, THE EXCUTION. Kor a then thanked the Sheriff for kindness re- ceived and said goodby, and, turning to Warden King, said, “I'll not give way.” His lips then moved und Snyder put the cap over his head. Sheriff Matz adjusted the noose tightly round his neck, bowthg | it with all strength, and immediately descended the steps on the o' side. ' Joseph Collayer went into the little enclosure near the scaffold, ut the signal from the Sheriff pulled the rope which held the floor- ing. In seven minutes the physicians pronounced him dead, His pulse ran up w 160, a remarkable incident, and in ten minutes he was cut down. His body was put into an it rosewood coffin and taken to Shenandoah, where it will be waked to-night and to-morrow night. The funeral is announced for Saturday, HISTORY OF THE CRIME. ‘Tho victim of the Molly Maguires in this caso was aclerk in the Swift Creek colliery, named Burns, who incurred the enmity of one John Kane, a mine was hanged af Mauch Chunk on Tuesday, with Fegard was uch Chunk on it to the feusibility of doing away with Burns. — Mc- Donnell then, for the sum of $5, went to St. Clair aud employed (Phomas O'Neill ‘to 90, fe Killing, ryan offering to go along as 4 com| mn. ey obtained a supply of whiskey and hid in the woods, waiting for the victim, who was to pass in that direc- tion, One of the party proposed to confine their operations to a severe beating, which McDonne.l opposed, saying they should either kill him or let him alone altogether, gan was also in favor of murdering the man, and said if O'Neill would not do it he (Bergan) would. Soon after Burns came bog McDon: ave the two shots were fired and Burns fal dead. Bergan, in re- turning @ borrowed revolver, said, “That's the one that did the shooting.” Bergan then left his wife, and, after wandering over the country, remar- ried and settled down at Meriton, Ont., where ho was arrested last March. He was returned here, tried aud couvicted on the 26th of April last, Kane, the alleged principal in this murder, was arrested last January, but was released without being brought to trial. Brennan, of whom the revolver used by Bergan was borrowed, was also |, but was re- leased, the evidence against him being very slight. O'Neill, whom Bergan avers fired the fatal shot, was in Iilinois when last hoard from, but ran away when he discovered that the authorities were after him and has not yet been captured. LATLSE THEORY OF THE MURDER. Your correspondent saw the Hon, Linn Bartholo- mow to-day and from him obtained a different theory than the accepted one of the cause of the assaysina- tion of Burns for which to-day was executed, His theory is as follows;—In 1862 @ number of Mol- lies invited @ German named Von Blagan to the house of one Eli 8. Miller, @ saloon keeper, the purpose being to wreak vengeance for some real or fancied wrong done @ meinber of the order. Von Biagan came and dino was procipitated, during which Von Blagan killed one of the Molly party. ‘The Ger- man Was prosecuted upon the charge of murder, and Burns, who rege to be present at the yave testiinony to the effect that Von Blagan in solt-detence. ‘Tho jury gave a verdict ot justifiable homicide without leaving the box. Mr. Bartholomew is of the opinion that this fact that Burns, who was un Lrishman, testifying to the killing in self-defence irit of revenge in the breasts Mollies, that they avenged the act a year ward to the very day. Ho qualifies the statement by other corroborative evidence, together with the fuet that Mr. Kane has never been muted upon the charge of being concerned in the affair, has al- ways omen & public hostility to the Order of the A. U. H,, and has never left Tuscarora, where he was 4 mine bows at the time the murder wes committed, and where he is now employed in the same capacity, and inaintains a repat position in sovicty. Hergun is the nineteentn of the Molly Maguire gong Lavged fog guurder in this State. Two others— Peter McManus and John O'Neill. the murderers of peng? cat Gamekin, in December, 1575—are yet to be dealt w: WiLkzesnaRne, Pa., Jan, 16, 1879, ‘The body of Charles Sharpe, who was hinged at Mauch Chunk on ‘Tuesday lust, arrived here from Wanamie this morning, and was interred in the Catho- lic cemetery, ‘The remains were enclosed in a hande some rosewood casket. BENJAMIN. HUNVER'S MENTAL CONDITION. WHAT THE WIDOW OF THE MURDERER SAYS OF HIM—SHE ADMITS HI8 GUILT, BUT THINKS HE WAS INSANE—A TENDER HUSBAND AND FATHLR AND A Goop MAN. PHILADELPHIA, Jan. 16, 1879. ‘Mrs. Benjamin Hunter, the wife of the recently executed murderer of Johu M. Armstrong, has made @ statement to # report r of the Evening Telegraply which gives a glimpse of the home life and manuct of that remarkable man, who appears to have been an angel in his family circle and a demon when his greed of money was aroused. Mrs, Hunter said:— “Benjamin Hunter was by no means the demon he is painted, but was, in fact, in all his family and social relations—as — husband,* father, brother and neighbor—entirely above ree proach. Some of the nowspupers have stated, since his conviction, that the neighbors about here have stories to tell of his tyrannical temper and ovil passions; but nothing can be further from the truth than this, for dozens of families all around us are willing to testify to his kindness and charity and to his helpfulness to all who necded help or influence, ‘This very man, Graham, obtained four or five situa tions through his influence and came again and again to him for money, never going away empty handed," Rerogten—How do you feel toward Graham? Mrs. HunrEr—Oh, if he had only come to us with the story of Mr. Hunter’s guilty approaches to him we would have paid him thousands of dollars for his confidence, for we would then have known that these money troubles with Mr. Armstrong had crazed Mr, Hunter and snould have taken steps to have prevented the consummation of his plans, Reporren—You think, then, that he was insane at the time of the commission of this crime ? Mrs, Honrer—Yes, and for two years before it. Indeed, when he quit business six years ago he did so because, as he then told me, he felt his mind giving way. He was subject to spells of depression that almost amounted to melancholy; passed sleep- less nights and complained constantly of blinding headaches. I feared he would lose his mind alto- gether, insanity being in the family, bs RerorrEer.—Had he relatives insane ? Mrs, Hunrer—Yes, he had a brotber who was for years an inmate of Kirkbride’s Asylum, and a nephew also who was insane. From the time that he put the first $5,000 into Armstrong’s business and found that he was in danger of losing it his mind became more and more disturbed, his appetite failed and he scarcely slept at all. More than once he said to me, “Mother, if Ilose that money I shall go crazy.” I always told him when he spoke in this way, “Do not worry about it. Even if it is all gone we shall still have enough to live on. Only keep away from Arm. strong now, and do not indorse or loan him any more money, for it is only throwing good money atter bad.” He did not take my advice, unfortu- nately, givers hoping, if he could keep Armstrong out of the Sheriff’s hands, he would eventually get back his money. I watched him constantly during all this time and never saw him leave this huuse with- out fearing he would commit suicide or enter into some disastrous ulation. But I never thought of harm comin, Mr. Armstrong through him, as I never heard Mr. Hunter blame or speak ill of him, Rerorrer—Did your hus! confess to you his guilt in this matter-? Mrs. Huxter—Never. He distinctly told me, the last time I had any conversation with him, “Take this to pias heart, mother, whatever comes; I never struck John Armstrong a blow.” In response to my question, “Papa, are you prepared to dle? he ane swerod, “Yes; for I know that however great may hhave been my sins God is able to wash out and for- give them.” This remark was overheard by Mr. Swindell, and was the sole foundation for the story that Mr. Hunter had confessed to being guilty, Reronren—It is reported that you were badly ted by the Camden authorities in your last inter- view with your husband. Is this true? Mrs. Huxren—Yes; I think myself and children wero. treated with unparalleled barbarity by the Sheriff. On the day before that on which he was to have been executed, but which execution he escaped by death, I, accompanied by my four children, went to leave of my husband, and begued to be per- mitted to enter his cage and bid him uu. Atator- mer interview we had been told that we might have this privilege, but when we went for our final leave- taking were denied it. When we reached the cage we found him in bed and manacled, although he was so weak and dazed that even when, at our petition, the shackles were removed and he’ was brought by his keepers to the bars, he could not speak, and was unable to raise his hands to ours. One of his jailers, how- ever, raised his arm and pushed his hand through the burs. He could not speak, although he strug- gled to do so, and I, in my agony, begged to be allowed to go inside the cage with my children and press one kiss on his forehcad before we parted for- ever, The Sheriff said we might do this if we would keep our hands behind our backs aud make no other demonstration. He, however, concluded that woe should wait halfan hour and he would consider the propriety of allowing this favor, He then weut away; and when he returned told us thut it could not be; and right in my husband's hearing, if, indeed, he could hear anything at that moment, said, “You had better go home and prepare to receive his dead body.” And so we went away without one embrace, RerortER—Previously to this had Mr, Hunter been treated well by those having him in c! ? Mrs. Hunren—He never complained, but I did not think he was treated well. After his conviction Sheriff Daubman went to Atlantic City or Cape Muy, to be gone many wevks, without making the sinallest rovision for my husband's food, and he was obliged Es live on bread and water alone, as he did not drink coffee, until some of the officials told me I might su; his meals from home. This I did three times ry until I was utterly broken down, and then I mado arrangements with @ person in Camden to send his food regularly tor $4 per week., On his return to his duties Sheriff Daubman charged and received thirty-seven ana a half cents for every meal my hus- band had taken in his absence, and, although we were told we could recover the sum spent by us in this way, we have not got one cent of it. Apart from this, a@sinall sum of money and a due bill, which he had in his ‘ketbook when he was removed trom his cell to his cage, was taken from bim and has never been returned. jae it true that this affair has cost you Mrs. Hunten—Yes, and a great deal moro than that, After his arrest, soveral notes indorsed for Mr, Armstrong by Mr. Hunter fell due, and these wo were obliged to take up. Besides this, you know that Mr. Scovel, my husband's lawyer, utter going to John ©. Hunter for money, which he pretended ‘was necessary, being referred by my brother-in- law to his man of business, Mr. Hinckley, went over to my husband in the jaii, and so wrought upon him by false representations that he signed s judg- for $1,100, which Mr. ment bond on this hous: Scovel, in his own interest, toa Mr. Reeves for $360, wii ei obliged to pay before we could get the boad out of his hands, Revonren—It you believed that your husband was borg why was not that line of defence ta.0n on the Mra. Hunter—Wo wished Mr. Scovel te ‘lefend him on that plea, but he positively retused to vo 80, aying that e insanity dodge was played out loug ago BOLD PICKPOCKETS. ‘There was quite a commotion on the platform of the Chatham squave depot of the “L’” road last even- ing. It was caused by # couple of old time pick- pockets who insinuated themselves among the crowd and awaited an opportunity to ply their arts with advantage, George W. Ditchett, of Mott Haven, was coming from his office, at No. 2 New Chambers strect, and had mounted the platform, when tho pair edged up to him. One had a hand on his pocketbook, when Mr. Ditchett became aware of his Intention and turned upon him. Both of the men made off on this, but Rowndsmen McLaughlin and Burns, of the Steamboat Squad, were in the cars sprang off in enh oh oie ie undsman MeLaughlin, tho’ conght by | Rim and tought tikes tiget, ‘the ther was taken by Burns, and at the Central Office, where he gave the name of George W. Bell, be was recog- nized as having — in unpleasant roles under that of McDermott. ‘The pair were locked up, STREET CAR BANDITS. Mr. George H. Porryman, of No, 164 Kast Seventy- socond street, yesterday was coming down town in a Third avenue car, when a couple of rough-looking fellows got on the platform with him, and several times as the car swayed they jostled against him. Mr, Perryman did not pay much at- tention to them till one of them sur. rived =ohim by suddenly tearing open is coat, while the other grabbed his watch aud chain and made off, Mr, Perryman, who and somewhat bulky man, lost a moment’ getting off the car, and the precious pair good use of it. He chased them down kigith strect some distance, but they succeeded in Betthug oft, Last evening Mr. Perryman called at the Ceatral bind g ecere a yah < ine cobra, Ite one of e poubote asa ivan weed mau, wish curly whiskers.