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fRtCE ONE CENT. EVENING EDITION. NEW YORK, TUESDAY, NOVEMBER 29, 1887. EVENING EDITION. PRICE ONE CENT. LH
MOST'S CASE FINISHED,
j The Evidence on Both Sides All
!ih This Afternoon.
Mr. Howo Sums Op the Case for Most and
Mr. NlcolMortho Pooplo.
The- Gat her Ins Woa Very Qnlet and Fence
fnl It Would Tie "Absurd" to Make
Threat! and Ucfy tho Uw-Ue Handed
ft Reporter Notes of Ills Speech Jin.
Hoffman nnd Many of Ills Anarchist
Friends In Court Questioned by Mr.
llowo and Judge Cowing.
i jTTH of the Court of General
,'. f Ny Sessions wns taken this
I y MS morning when Judgo
A Y?y . IP a Cowing ascended to his
rxfkJMw iH f place. Johann Most
. fepjSj'J cortolnly could not
V a Z" V complain of a " be(j
I J p A V garly array of empty
I 7 " 7f"a,U'gk8nchea'' as ho mado
ljJascSjL his bow from his placo
'' '" ; r)L 'n witness-box.
T fifs n rv$ieS h10 wero Bcorcs of)
lj if Anarchistio friends of
WE J Most in tho chamber,
re J A- "1 and as many other
1 (I J I people as could gain
J II U .- admission to the room.
Brooke, who defended "Honest" John
O'Neil with a six-hour speech, passed around
, the Anarchist and surveyed him curiously.
Two ladies entered. One seated herself
near the door, tho other passed on to a
place insido the bar. Which was Mrs. Hoff
man, the Anarchist's wife, who bailed Most ?
"Whioh was Lena Fisoher, Most's whilom af
finity 7 Each had blondo hair, bordering on
red. The audience was equally divided on
this point. One was Mrs. Hoffman and the
1 other tho wifo of a court officer.
Mr. Ilowoopencd the proceedings by deny,
ing that ho knew aught of tho threatening
letter received by Judgo Cowing yesterday.
Then Most was colled to the stand. Ho
denied any knowledge of this anonymous
.; letter. , Mr. Howe examined tho Anarchist,
speaking slowly, and Most answorod as
Biowly, articulating the English words with
i. extreme care and accuracy. He sat in a
S "hunch" in tho witness chair and looked
even smaller and less torriblo than when on
t his feet.
J Mr. Howe Q. now old are you, Most? A.
Forty-seven yejrs, sir.
Q. Where were you bornt A. In Augsburg,
f O. How wcro you educated ? A. In the common
i and lilgh schools of Germany.
Q. How long were you at school? A. Eight
1 a. ITbW long havo yon been In America? A.
Q. Are you In tho habit of making speeches, and
' ot taking notes before von apeak 7 A. Tes, sir, I
,' frequently speuk and usually tnkc notes.
; Q, Did j on attempt to Incite your hearers at
, Kraemer Hall to acts of violence to the danger of
1 the peace ot New York? A. IIow could I? It
1& wonid be absurd I
,1 Judge Cowing Hut Old yon? A. No, sir.
5 Mr. Howe Dirt yon make any threats at that
meeting or say anything against the exeoutlon of
.? the law? A. No, sir.
', Q, Did you see any policemen at that meeting?
1 A. No, sir.
Q. Was the meeting peaccfnl or was there a
, tumnlt ? A. It was very quiet.
' u. When a man In the audience yelled ' ' ite-
t venge," what did you do? A. 1 eald "Keep
, quiet I This m no time to talk that way. That
;, uon't amount to anything. "
Most Let me make a statement about that meet
lug. That meeting was called, and u was like all
meetings of our group. Somebody would speak. I
went there and I was asked tospedk. I thought It
i would be proper to talk about the death of tne
Chicago men. The meeting was open
3 and everybody eonll come in. Schults
, was elected referende or chairman,
5 and he said: "Now Citizen Most will speak."
Citizen with us Is not citizen ot the United States,
1 but la more democratic. It means Mr., or something
like that. I don't think I could tell uiy speech
fluently. I handed to one. a reporter, ibe outlines
of rny speech, but If Mr. Nlcoll has ever mado a
prepared speech he knows that he aays something
between tho outlines.
j Mr. Howe Tell as nearly as ynu can In this re-
' fmrrt whit VAn altd anil wlint hammtiAfl
1 Most I began " Kellow-cltlztDs, you have beard
j bow our meeting in Florence Hall to mourn our
Chicago brothers has been stopped by the police.
It looks to me as If the Mayor ami police cannot ar
gue with oa; but, nevertheless. If we cannot
meet In publlo we will meet privately and
they will learn that we can educate In private.
Four of our comrades In Chlcigo have been
murdered and one has committed suicide,
because they have spoken for the worllngmen
and written In their behalf. They say that
one of them threw a bomb, but everybody knows
that they did not prove It and cannot prove It.
They were tried for hatred and condemned by the
hatred of tho capitalists. They were not guilty."
Most began quietly. Then ho becamo
solemn, and raised his left hand in gesticula
tion. Towards this climax his voico becamo
serious, loud and shrill, and then dropped
again to a low cadence almost soft and musical
in its mournfnlness. He continued :
IhenI tnlnk there was a cry of "llachel" "iie
vensol" and I said, "Not now! It Is no time to
talk so." All those men, unnnell, Clary, Oftleaby
all are murderers, but we mnst bewsre. All work
Inzmen who did not protest against this Judicial
murder will regret It. It was tho greatest mur
der of the age, and they who did not protest
will hear their cry out of their graves, " Mur
der I Murder I" Henry George and rowderly
might have stopped the murder If they chose,
a hero w&i Louis LIngg. lie committed suicide.
They strangled the others, bat Louis LIngg they
tried to make him out Insane he oould not stand
It and he died, roor Louis Llngg I I know he
spent all his money for pamphlets to distribute
among the working-men. Well, they are dead I
They think Anarchy Is dead, bnt Auarcby Is not
dead I It still lives and will live forever. Think
they, they o an strangle Anarcbyby killing a few
men? No I Live Anarchy I
Most was oratorical, and his repetition of
i his speech was listened to by tho audioneo
rapt in silence. He went on as before :
Socialism sprang oat of the blood of the
martyrs from mo revolutions of Germany and
Franoe. Travel round the globo and you will sco
that there are more Communists than thero were
soldiers of France. They are soldiers of He action.
Now. I say, If they would know any
thing about history they would bo convinced
at once that they are mistaken In their Idea that
they killed Anirohy In strangling fourmen. They
are strong. They are armed and tney havo (he
polloe, lint we are stronger. We havo stronger
arins-Hor Ideas. Our ideas will prevail, and that Is
the mot Impressive revenge whleh we could bavc.
The gallows will In future be the emblem of marty
doni as the cross baa been In the patu
Mn Howe asked Most to repeat what ho
said about wishing to know tho exooutioncr
and. Most replied;
" Why, I don't know. I don't see any sense In
' that. It may lie I don't ate why I would like to
see such a mean fellow aa that. No, I wouldn't
like to see him."
Mr. Howe Well, you don't mean by that that
I you would do him bodily Injury, do you ?
A Most Ah, no 1 I never did any Injury to any
EL Mr. Howe Did you say that for every one of
. f these Ave sou would be slain In revenue ?
Most Oh, no, sir) I Wild be foolish to talk to
!, vk a uubllo meeting, I did not, I went to prison
once and I was careful this night not toransgress
Assistant DiBtrict-Attornoy Nicoll cross
examined. "While- Most rosponded reodllv to
tho questions of his counsel, ho rcsortod to
tho Uictios of tho familiar Old llailoy witness
so graphically pictured by Dickens, boat
about tho bush, ovadod cqulvocntcd
and finally answorod tho questions with re
luctance Ho said :
"No. I did not go on the stand In my former
trial. I made a speech to tho Jury. I thought
that was better. lam always ready to speak at
these meeting. I take ray notes In ton minutes."
Mr. Nlcoll How many times havo jou been In
Most was about to answer when his counsol
intorposod. "Don't answer. I object 1"
said Mr. Howo said. Most said that he was
willing to tell, and argued tho point with Mr.
Howe. Judgo Cowing allowed tho question,
and Most said that ho served one year in 1809
in Austria nnd was sentonced to flvo years in
Austria in 1870.
Mr. Nlcoll What wero you convicted of?
Most What they call treason In that country of
Mr. Nlcoll Whcro wcro you sent to prison after
that and what for ?
Most In dcapotlo Germany, for calling tho Em
peror a murderer.
Hcrr Most said that ho had served orght
months in Chemnitz, Saxony, in 1873, tor
calling tho Emperor n butcher, a slaughterer.
In 1871 ho was sentonced at Berlin to ono
ai'd ono-half years for comniunlstio
speeches. In 1879 ho served two
months for blasphomv. In 1881
ho spoko in England in approval of the blow
ing up of tho Czar of Ilussla, and ho was con
victed by a jury " in favor of the Czar" and
ho got sixteen months for thnt. He was then
editor of tho Freiheit, Anarchist paper iu
Freiheit is the organ of Anarchy nndSocial.
ism, for tho former is a variety of the latter.
Most said that ho was a moinber
of tho International AVorkingmcn's So.
cioty, which taught Anarchy, but ho could
not tell whether the Chicago martyrs wero
members or not. Ho knew three or four of
them personally. Most said that ho was not
an officer of that society they had nono,
they would acknowledge none. They liad no
bureaus, no head, no responsible leader.
They practise Anarchy as they teach it.
" How would your organization arrivo at
tho conclusion to throw a bomb ?" asked Mr.
Whilo Mr. Howo, Mr. Nicoll and Judgo
Cowing woro debating tho question of tho
admissibility of this. Most replied i "That
never came up, so I don't know."
Mr. Nicoll's endeavors to get tho fact of tho
authorship of Herr Most of several docu
ments nnd books calculated to stir hot-blooded
men to unusual actB caused Mr. Howo to
boil over in anger.
Judge Cowing rapped on his desk and
cried, " Be calm, bo cool I"
" I ain calm I I am coolt I never was
cooler in mv lifol" exclaimed tho defending
counsel, rising hotly nnd trying hard to work
his nettled back away from his nettling shirt
and collar, his face aflaming, glowing with
" inherent ooolness." Thoro was a genuino
guffaw all over the court-room at this.
Most declined to answer whether ho had
written advising tho uso of explosives in
Itovolutionary wnrfaro : advico of how to
manufacture cheap explosives j how to
uso explosives and their effoct: to
procuro tho best quality of fnso
and avoid its spoiling by soaking in moisture
or incasing in rubber; that a wire or clectrio
button is preferable in using an oxplosivo at
a distance, whilo a fuso is bettor1 whon
only a few moments is necessary In which
to get away; that whon "brillinnt
results aro desirod dynamite should bo usod
in a strong shell." Most doclined to answer
on the ground that it would criminate him
and would prejudice the jury.
Mr. Nicoll asked Most if ho had advisod
the use of dynamito and had given instruc
tions for tho manufacture of bombs. Most
would not answor. A numbor of questions
of a similar nature were then askoa. Most
lost all patienoo and shouted out: " I decline
Most made n long explanation of tho mean
ing of Anarchy, which, ho said, was organ
ired to put down tho rebellion of tho
cupitalistio olassi and to overthrow
Governments. Bombs, dynamito and
nitro-glycerlno would be used on both sides
in the revolution which was coming. Most
denied stop by step all the utterances alleged
to have been made by him in Kraemer Hall.
A recess was than taken.
At 2.38 this afternoon Mr. Nicoll's cross
examination of Most was finished and the
evidence was closed for both sides. Judge
Cowing limited the counsol to one hour each
for their closing addresses. Mr. Howe began
first at 2.45 o'clock.
His speech was in tho main on argumont
that not Most, but froe speech, was on trial.
Ho devoted considerable tlmo to the dissco
tion of tho testimony and general character
of tho witnesses for tho people. He olosod
at the expiration of the time allotted to him.
Mr. Nicoll followed in behalf of tho p6oplo.
LOTTA BUED FQB 6)50,000.
She Was tho Canso of Mr. Hnmnels, of
Cincinnati, MlsslnsT a Train.
SPECIAL TO TUK WOULD. 1
Boston, Nov. 29. Just beforo leaving Bos
ton for Salem yesterday afternoon, tho pop
ular little actress known all over this conti
nent as Lotta, was waited upon by a " minion
of the law," who Borved her with papers in a
Buit instituted against her by Mr. Abiram
Samuels, in whioh the damages aro laid at
Lotta chanced to be returning from a walk
in tho Fublio Garden, and when sho caught
sight of the wretched horse,lame in every leg
and plainly unable to respond to the liberal
persuasions of tho driver's whip, her
well-known sympathy for all sorts
and conditions of animals was aroused,
and, springing into the road, sho
commanded the man to stop, Tho Jehu,
after tho manner of his kind, of courso re
fused tho poor animal was willing enough
and emphasized his refusal with his opinion,
in anything but choice Anglo-Saxon, as to
tho daring conduct of the little lady. Lotta
was nothing daunted, however, end held on
to tho bridle, regardless of the efforts of the
driver to reach her with his whin, until po
liceman arrived on tho scene and relieved her
by directing the drivor to take his horso to
Meanwhile Mr. Samuels had bocn furiously
conjuring tho driver, and a crowd had, of
course, assembled. Tho inoldent occupied
some tiiroo or four minutes, lust long enough
to result in Mr. Samuels losing his train to
tho West, nnd ho now seeks redress for his
loss of timo in tho manner stated.
IHrsch's Offer Accepted by the Csar.
(SMCIIL CABLE TO THI WOULD, t
Vienna, Nov. 29. Baron Hirsoh's offer of
$10,000,000 for tho purpose of founding pri
mary Bchools and other institutions for the
benefit of Jows in Russia has boon accepted
by tho Czar. Tho money has been deposited
in tho Bank of England.
Desperate Flgbt with Horilnrs.
UriCUL TO THI WOKLD.l
Caiidin, Nov. !. Lorenzo liateman, an em
ployee of Wcnonah, Gloucester 4 Co. , had a des
perate light with two burglars who entered the
company's store shortly after midnight. He held
them both until assistance came.
CRASH ON THE RAIL.
A Coal Train Runs Into an Ex
press on tho Pennsylvania.
Enelnocr Smith Fatally Injured and Several
Others Seriously Hurt.
Details of the Disaster Hard to Get bnt the
Illock.Hlsnnl Hystent was Detective)
Homewhere Reveral Pnener for New
York Had Narrow Eacnpea with Their
Live New Yorkera on the Train.
Thero was n great crash on tho Pennsyl
vania Railroad, Camden Branch, near
Hightstown, N, J., this morning. FaBsengcr
train No. 301, bound to Now York, ran into a
coal train near tho old bridgo, making both
trains a comploto wrock.
Engineer Joseph H. Smith, of tho passen
ger train was crushed in his cab, and is be
lieved to havo sustained fatal lnjurios. Smith
lives in Ilighstowu.
Charles Hunt, baggage master of tho pas
senger train, was also dangerously injured.
Ho lives in Hightstown.
A numbor of the passengers on tho train
wore badly hurt, but fortunately no ono was
Tho troin was crowded with people, many
of them coming in I to Now York
to business. Many of tho passen
gers saw that n collision was
inovitablo some seconds beforo tho crash
came, and thero was a panic in every car.
Fortunatoly both trains were running at slow
Tho passengers not injured by tho
shock did all in their powor to
calm the fears and alleviate tho suf
ferings of tho moro unfortunate.
The cries of Engineer Smith wero pitiful.
His wounds wero drossod by a local physi
cian and arrangements instantly made to
send him to his home.
It is almost impossible to get any dotails
of tho accident. Information was sent to
tho main offices of tho road in Jersey
City, but tho peoplo in chargo
thero this afternoon deolinod to glvo
much of it to the public So far as could bo
ascertained somebody blundorod in manipu
lutihg tae'block.Bigndir o systemwinch is
popularly presumed to be proof against acci
dents of this kind.
Another report says that the freight train
was behind time, trying to make up, and was
on the up track without having tho right of
The two front cars of tho passenger-train
were knocked to splinters. How the passen
gers escaped death is a marvel. The freight
train was thrown from the track.
Two of the injured men, one with his arm
and ribs broken and another with his thigh
crushed, have been carried to tho Old Bridgo
depot and n physician attended them.
The lino is blockod by debris.
DAN DRI-COLL MUST IIMO.
Ills Conviction Afnrmed by the Conrt of
Albany, Nov. 29. Daniel Driscoll, who
murdered Bezio Gorrity in John McCarthy's
dive, will havo to hang. The Court of Ap
peals has affirmed his judgment and conviction.
An Actor In Durance Vile,
SPECIAL TO THI WOULD.
Boston, Mass., Nov. 29. Edwin Arden, actor,
charged with asaaalt and battery upon Clerk:
Taylor, of the Qulnov noose, was sentenced to one
month In the.Couaty Jail.
Another Tlnnco Man Collared.
Inspector Byrnes's men arrested John O'Brien,
a Chicago bunco aleerer, to-day and looked htm
op. Ho Is accused of helping Tom Devlno rob I'.
N. Houston, slopping at tbe Coleman House, of a
Jl, 000 bilk Dovlue has left the city.
Tho Closing Quotation.
Optn. Utah, Lw. Chjr.
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pfclco4NortSw..;... - iwff ion; 10M! 10v
Chic, Mil. 4M. I'.nl.... WW ,Mj .7iZ .75
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Ool. A HoeklniiVal 3IK iili 31X VtH
Oolorsdo A llocklns tfcii 80) 31 W 81
Colorado 01 A Irun 37 bV( S6K 37f
CoMoilittwl Ou .JlM ?1k ,74 .74W
pal., Lsck.A WHtsrn lglS lUlR 1312 1312
pilsnus A ilndaoo 10i 105 103 1UJJ?
E. Tenn., V. A Oi jiljl ,, 10!f 102
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Bin Twice Comuiltled
seems less s crime, lint .pain stows mors) Intense until
Paim Paimt arrltei. Sola br dnis tilts geoersllr V
Nineteenth Day of the Hnilson Association's
J,l.-Ospt. .1, Nelson and U, Bohaltio, Jr.
Secrttttrv 8, VbUohead,
fiarlir V, Kant).
Isrrcur. to tits wontD.1
NORTH HUDSON DlltVINU I'AIIK, aCTTSKItOnrl,
N. J., Nov. to. Tho fact that the frost did not
make the (luttciiburK truck unfit to raco on to-lay
Is au nfrrccablo surprtso to all Intcrcstod,
fur although tho track Is somewhat
lumpy, It la soft, and by keeping
the harrows at work until the
races wero called a fairly Rood track was the result.
The cold anap told sumowhat on tho crowd, which
was smaller than usual, but the "Kale" and
''Karao" was amplo to pay expenses, and
it now looks as If nothing will stop the
holf-mllo ruers other than a ucep snow. The rac
ing, at a whole, did not prove very exciting. The
tn onlos I'ocjMet mill Clatter winning the fUM
two races in a romp. Tho third nns somewhat en
upset, but It was wou cuslly by the second favorite
Pnrso $200, of which f50 to tho second, for
maiden thrcc-Toar-oltla; tn carry 100 lb. each,
without allowances; live furlongs.
W. Lano'n br. g. l'ocassct, 8, by I'owhatan,'
dam Night Hmo, 100 ...(Osslcr) 1
Tne Mlibr, Iihi ... (Ikrgan) 3
John Ki'ViM, 1U0 .(lluriiin) 8
Commmloii, 103 (lluotton) 0
King HIM, 100 (Soward) 0
Hosiilor Alagglo llumercolt, 103 (Uoane) a
Tlmo l.W. lloltlng 3to4 on roniHH"t, 8 to S
scHlntt Tho Miller, 8to 1 tho Atagplu Hunter cult,
in to l John Kotos, is to 1 earn King ltlrd and
Commotion. For a l'laee l'ocasiict batrcd, S to 8
on Tho Miller, 6 lo 8 cacn agnlu.it Juhu Keyes and
tho Miigglo Hunter colt, d to 1 each Cumtnutlon
and King Illrd.
Tie Hare, l'ocassct took the lead soon after
tho start and ktpt It to tho end, winning by a
length from Tho Miller, who wmi two lengths In
front of John Keres. Mutncls paid $xro on the
winner btraight, I. 40 for a place; Tho Jlllkr, fur
a place, (2.03.
Parse of $200, of which l&o to the second, for all
agta; two-year-olds to carry 93 lb., tbreo-year-olds
105 lb., four and upward US lb., without
allowances; aoven furlongs.
A. Morlcy's ch. g. Clatter, 8, bj Lisbon, dam
Clarlna, 115 (nreen) 1
Brltr, 116 ... (Uergan) S
Sight-Unseen, VS (I)uauol 8
Compensation, lis ..., (Crlltonilen) 0
Traveller, 110 (Camp) (Camp) 0
Thne i.ST. Iiettfuu 3 to 1 on Clatter, 4 to 1
against Trarellor, 6 to 1 each Sight-Unseen and
Drier, 1: to 1 Compensation. For a l'laco Clatter
barred s to 4 each on Drier anil Sight-Unseen, 8 to
6 against Traveller and 4 to 1 Compensation.
i ie Hace. Drier led for ncarlr three-quarters of
a mile, when Clatter came awuv, winning easily
under a pull by four lengths, Drier second, ten
lengths In front of SIght-Unsecu. Mntnels paid:
Clatter to win, 18.30; lor a place, 12.68; Brier for
a place, 13.20.
I'tirso (200, of which (so to tho second, for
horses that had run nnd not won at Outteuburg
during the meeting; three-quarters of a mill.
11. Askcv's b. h. Franz, 4, by Incommode, dam
ItcbLee, 118 (Cowan) 1
Nonsense, lis (Ituiston) 1
Mollle Thomas. 115 (M. Barrett) 8
Geo. Angus, lis (Watson) 0
Little Mack, 120....................(Kcmpj o
Lytton, lis ......... ............. (McEwem 0
Salnda, US . (Green) 0
St. John, 115 (Stewart) 0
Treainrcr, lis (Sampson) 0
Warren Lewis, lis (1). Barrett) 0
lime l.siv. Dettlng-0 to 6 against Oco.
Angus, 3 to lVranz, s to 1 Treasurer, 8 to 1 each
Saluda nnd Nonsense is to 1 eacn St. John and
Mollle Thomas, 23 to 1 Warren Lewis, 80 to 1 each
Little Maci. and Ljtton. Fur a l'lnce 2 to 1 on
Geo. Aiikul", 6 to s on Franz, 2 to 1 against Treas
urer! 8 to 1 each Saluda and Npntensc, 4 to 1 Mollle
Th6mos, s to 1 M. John, 8 to 1 Warren Lewis, 10 to
1 Little Mock and 12 to 1 Lytton.
Ihellaee. Nonsonso and Mollle Thomas ran
lapped to the last furlong, when Franz camo
turough and won by three lengths. Nonsense nn
lshing Bccond, two lci.gtha in front of Molllo
Thomas. Mutuels paid: Franz, straight (9.63; for
aplace, fs.00; Nonsense for a place, (10.85.
Tho fourth race was a dash of three-quarters of a
mile for ullages; selling allowances; (160 to the
winner, (SO tu the second, btartcrs Allnoke
(Crittenden), 118; SU Klmu, (Watson), 114: 1'layfalr
(Hurcouri), 114; Ncptunus (Bergen), 112; Harry
jllucston), 105, and Telegraph (Uorman), 100 lb.
B'ttlng S to 4 on Ht, tlmo, even agamit Nrp
tunns, 12 to 1 each Telegraph, Harry an'l l'lajfair,
und 30 to 1 Allanouc. For a l'laco
St. Elmo and Neptunus barraJ, 8 to 1 against
I'layialr, 4 to 1 Telegraph, 6 to 1 each Harry
and AUanoke. Won bv M. J, Daljr's Neplunua by
ten lengths In 1.23V, with St. Elmo second six la
front of Harry. Mutuels paid (i to win, (2.80 for
aplace, and St. Elmo, fur a place, (2.80,
t'i The fifth race was a dash of a mile and a furlong,
for all uges. with selling allowances. Won b J.
Whitney's Bancro In 2.10, Wlndsall second and,
The Clirton Entries.
The entries for tho races announced to be ran at
Clifton to-morrow aro as follows i
Purso $200, of which (50 to the second, for two-jear-olds
that have run and not won a two-year-old
race at Clifton; three-quarters of a mile.
6.1 , Lb.
Auditor - llVHekolo lis
bt. Clair lisibphlnjc Ally.... uj
Glen Quoen lis1
Piire(200,of which (30to the second, for all ages;
selling allowances; horses entered to bo sold for
(2.UOU lo carry full weluht; seven furlongs.
IJj. I Lb.
Capt. Warron los'Sumncr .. 101
Joe Mllohi.ll 10Hoety 100
llaaa Viol .... 103Kiuk 100
Nellie Vun lusiltosctta 100
Big Head 103 Veto 3
Manitoba lU3,Llltle Mickey 73
Suitor 103 Spring Eagle 71
THI 11 II RACE.
I'nrso $200, for three-) car-olds, thst havo run
and not wou more than ono race at Clifton; selling
allowances; horses entered to bo sold lortsOOto
carry full weight; three-quarters of a mile.
Lb. i Lb.
Silver Star 106 string Ban 97
Alva 103Micawbor 97
Count Luna 1W Trojan. ... 97
Purse $260, of which (so to I ho second; a handi
cap for ull ages; oaomlle.
Lancaster.......... lOOlOarnot. .,. 105
Waywurd IOO'TuiiIb . 101
Pat Dlvver..... 105'Velvet .. V9
Glendun 103 Little Emily .. 93
Noti. Little Emily, late Brilllanteen.
Purso (200, for three-year-olds and upward, at
weight for age; seven furlongs.
I'ampcro . IB El Trinidad.. ., us
Illahup 114 Falsehood US
Lea m Itclax no
'Iheodorus -US Travelltr,.. no
Olenluco lis. '
Hactng begins at 1 r. u. Bbarn. Trains leave on
arrival of boats from foot of west 'Iwcnty-thlrd
street at 11.25, u.ss a. m., 18. ks and l9.ss p. m.
Boats from Chambers street leave Ave minntes
1'ollceuien Dismissed for Drunkenness.
Otncers Gibson, of the Ninth Precinct; Master
son, of tho Eleventh rrecloct, and Murphy, of the
Twenty.aevcnth Precinct, were dismissed by tho
lollce Commissioners truin the force this morning
m m i
I'rob'a l'uir l'ruinUrs.
WA8IHNOTON, NOV. 29.
-, Fur Contwrtfcur, fair
f, "N rceaxtitr, slfjftl change tn
'rV,s'V VK y. temiK-rature ; light to
t. r4r jS (retfi northerly teltdji
(J. Y bteomtnv tnrialte.
A V k yvr Jiaittrn Kea 1'orlr,
I jC TjL f",r Wither, tlijht
f' ivV clmnget In -temperature,
j" light northieestertywinds,
EAaaBYDauaasBBnaBwiiiL tA..! -ictt. f jrens1 iiifc r, j
Granted a (lew Trial by the Court
I I . 11 SS
All tho Judges Conour in Eovorsing
Tho ProvnlUnp; Opinion by Judfto Dan
forth nud n Siipplcmontrtl Ono
by Judgo Pockunm.
A Flutter In tlio Court of Appeal Chamber
When the News IViu Announced Itosroe
ConkllUaTt Attorney-Orncral O'Brien and
Other Hinlnent T.awyera Listen to It and
Lay Their Heads Together The Judg
ment Kerersrd on the Oronnd That the
Court Erred In Admlltlng the Bvldenoe of
Nbarp Hoforo the Henate Investlaatlntr
Committee) nnd the Testimony of Tonic,
of ICx-Aldermnn Miller, or tho netectlrrs
Concerning tho Cnnndlan Exiles and of
Phelps The New First Communicated
to Mrs. fjharp nt Lndlosr Street Jail
Assistant Dlatrlrt-Attorney He I.nncey
Nlcoll Think That Hharp Can He Con
vlcted Wlthont the Testimony Token lie
fore tho Senate Committee.
IsriciAi. to m wokld.I
Albant, Nov. 29. The Court of Appeals'
handed down Its decision to-day on tho ap
peal of Jacob Bharp from his conviction for
bribory In obtaining tho franehiso for a
Broadway railroad from tho Board of Alder
men. iacod nunp.
The decision of the General Term affirm
ing the conviction la reversed and a now trial
Tho opinion was written by Judge Dan
forth, and was concurred in by all hU asso
ciates. A supplemental opinion was written
.by Judge Feckhom.
Tlicro was somowhat of a flatter in tho
Court of Appeals chamber when the docision
HoBcoe Coukling, ex-Judgo Noah Davis,
Attorney.Genoral O'Brien and other promi
nent lawyors put thoir heads together and
conversed abont the decision.
Then the wondor increased as it becamo
known that the docision was unanimous.
JUDOE riOKlIAM BULEtf POTTLE OUT.
The decision of Judge Danforth is a ponder
ous document of 101 pages, or 3,600 words.
It is accompanied by a supplementary deci
sion bv JndL-ePcckham of about 1.000 words.
All tho othor Judges of the Court conour in
Tho opinion of Jndgo Feckham is an elab
orate roviow of tho tostlinony of Fottlu, tho
Assembly clerk, who sworo that Sharp
offered him monoy to chnngo the wording of
tho surfaco road bill of 1833 on its way to the
Governor. Jndgo Feckham finds that Judge
Barrett mode on error in admitting this testi
mony. SHARP'S TESTIUON7 CANNOT DE USED.
The decision of Judge Danforth sustains
ovory point raised by Sharp's counsol and is
regarded as a very powerful and learuod
document and is accepted as tho strongest
opinion over written by Jndgo Danforth.
A large part of it is dovotcd to tho admis
sion by Jndgo Barrett of Sharp's testimony
beforo the Sennto Investigating Committee.
It is held that tho admission of this
tostimony is in violation of article 6, section
3 of tho constitution, nnd section 79Vf tho
Fenol Code is interpreted as Sharp's counsel,
E. W. Foge, maintained.
It is hold that tho word " investigation" in
that section includes legislative investiga
tion. Tho decision nlso finds error in the'.ndiuls.
sion of tho testimony of Pottle. It holds that
tho testimony of ox-Alderman Miller as to the
roceipt of money by tho Aldormcu, which he
" supposed " was to pay for tlieir votes on tho
Broadway road franehiso, wus inadmissible
Tho testimony of Ed Phelps as to tho re
ceipt of money from Sharp to uoouro the
passage of the General Surfaco Ilnilroad bill
by tho Legislature Is ruled out, and ovidenco
llfialaift 'flaSaShai JasTaaWatss I I ftf: b4jbaaaSB
to prove tho flight of Keonan, Molonoy,
Do Lnev nnd others to Canada is hold to bo
SHARP HEARS THE NEW&
III Faithful ITIfo Hurst Into Trnrs, bnt Ho
la Unmoved nnd Falls Asleep,
A Would reporter was tho first to roaoh
Ludlow stroct jail oftor tho uows had been
rocoivod that tho Court of Appeal had
ordorod a now trial for Jacob Sharp.
Warden Koatlng refused to permit ho re
porter to soo Mr. Sharp, nor would ho tell
Mr. Sharp of tho decision himself, becatiso it
is the custom at tho jail that only tho counsel
of prisonors shall inform thom of tho decis
ions of tho court.
At 11 o'clock a dozon roportors wore await
ing tho arrival of Sharp's lawyer. At 11.15
tho doors woro openod to admit Mr. Clark
n brother of ono of Beurko Cockrnn's law
partners, who was immediately admittod to
When Sir. Clark camo out of tho jail ho
made tho following statement ns to tho uian
nor in whioh Sharp roceivotl tho news :
"I found Mr. bharp reclining on nn in
valid's oxtension-oliair iu his bed-room. Mrs.
Bharp was moving nbout tho room, nnd n ser
vant was, dusting tho mantelpiece. Mr.
Sharp's oyen wero open, but ho seemed to bo
only half awake.l
" I touched him 6n tho arm and said : ' Mr.
Bharp, I have very good now for you.' Ud
leaned his hoad Blightly forward, but spoko
uo word. I had my partner's telegram in my
pockot and read it aloud. It was as follows i
ALDANV. NOV. 89.
To William It. (far, SR Airs row ;
Shsrp Judgment reversed unanimously. Opinions
byleckham and Danfortn.
W. DOOKCK COCKBAK.
BUAnr unmoved, itns. srunp tn teahs.
" Mr. Sharp did not som iu tho least af
foctod by tho uows. I believe ho understood
what I read, but he showed no emotion. If
it had heon one of the many begging letters
which ho receives daily he could not havo
been moro unconcerned.
" Mrs. Sharp, howovor, lrnd listened with
rant attention to what I said, and when I was
half way through reading tho despatch sho
burst into tears, knelt at her husband's aiilo,
and throw her arms about him. She said :
' Oh, Mr. Clark, I'm no happy, but I've
heard so many rumors about this that I can
scnrcely believe tho nows is really true Let
mo sco tho tolegrnm.'
" I put it in her hands, bnt sho could
hardly distinguish tho writing through her
" Kven his wife's emotion did not lead Mr.
Sharp tn make the least demonstration of
joy, oithor by word or net.
" He seems to be a very sick man. I think
the long strain attendant upon his trial and
his oontinuod confinement havo had a do
piorable effect on his bodily and mental
NOMINAL HAIL EXPECTED.
"Thero will bo no attempt to havo Mr. Sharp
admitted to bail until Sir. Cockntu arrives.
ITe will come to New York by the train which
gets there at 7 o'clock, but I do
not think ho will move In tho matter
until to-morrow morning. Of courso tho
motion for bail could bo made
by any other of Mr. Khurp's counsel, but
Mr. Uockran is the one on whom Mr. hhnrp
has relied since his conviction mid all
through tho apjienln to tho General Term nnd
tho Court of Appeals, and It tt ill ho ho who
will make the motion to froe his client.
" Any jndgo of tho Supremo Court enn
admit Mr. Sharp to bail ponding tho new
trial. Tho hail beforo conviction wits $50,000.
but I think the amount will now bo placed at
a merely nominal figurr.,"
Peter Mitchell, another of Sharp's counsel,
called at the jail soon after Mr. Chirk left.
Ifo olfcred his congratulations to Sirs. Sharp,
but tho nged prisoner was asleep und it was
thought best not to disturb him.
MAY STILL BE CONVICTED.
Sir. Alanine nnd Air. Nlcoll Tliluk that
l-.lin.rp Alny Csi't Ills Desert.
Tho opinion of tho Court of Appeals prob
ably excited moro surprise iu tho District
Attorney's offico than elsewhere in this city,
not only because the oaso against Hhnrp was
behoved to bo a very strong ono, but aUo bo
rauso the conviction had been unanimously
confirmed by four judges of tho Supreme
Court sitting in General Term.
District-Attorney Murtino, sitting nt his
desk engaged in an earnest conversation
withh is assistant, McKcnzio Semplo,
looked up ns tho reporter en
tered and asked "Is it tine. X have
not recunod n vonl of luUicoaud lam iur
prised, if It is really true, that tho Court of
Apifnis hnvo reversed tho Sharp Judgment.
I"Yoiiboo,wo wero pioneers iu this con.
viction of a bribe-giver, and tho fiueMions
that aroso woro entirely now. Naturally
anxious to convict wo offered every
bit of oWcleneo itvailublo to that end.
Wo were Mibtnincd hv livo justices
of the Supremo Court, nud, as I hear that
tho Court of Appeuls was divided
by three of tho judges ot) thnt
high tribunal. But I am ono of
thoso who beliovo thnt whin tho Court
of Appeals decides on a question that decis.
iou id right. I btilovo the Court in this in-
stnuro gavo all of itn great nbllirr and besf iJgH
judgmont to tho consideration of tho ease. HFgafl
AH TO A SECOND THIAt,. Vgfl
" Aa to tho question of a now trial, wcro t 'laaH
tn continue iu ofllco I should nlove It in Jan. f$gH
nary, though that would dopond in great :'HaH
mennuro on tho opinion of tho Court i& WaLai
reversing tho judgment, for I havo soon ,H
opinions which loft so llttlo to provo H
tfint a second trial would bo usoless.. If tho KH
levcr'sal is only on tho question of tho Sen' ' l'JgH
nto Committee testimony nnd tho testimony ,' IH
of Pottle, tho Senate clork, ns to attempted M
bribery, I think that wo could still seonro A fjgH
" If I wero nblo to try tho caso I would on '!?
poso an application for ndmission to ball, 'H
but ns thoro is an incoming administration JgH
that will havo to look after the people's In rH
terosts, I must consult Col. Fellows as to the) Jjgagai
amount of bail which wo should demand. ''tTM
" This decision sets bnck tho trials of thei '-MaaH
other boodlcrs almost indefinitely. It tra flH
dotibtcdlv affects favorably tho cases ot ftJgaH
Bichmiind nud Kerr, nud if wo can't convict igaB
Sharp wo must not expect to convict tha'- ";-vkH
others. Sharp must bo retried and convl6teul VJB
boforo tho peoplo cnu hopo to push to a sua. jgH
cesHful issue tho indictments against Bioli. ' fM
moudaud Kerr." v
Mil. NICOLL T1IINKH RnAItr CAH STILL Da) ''gi
Assistant Dlstrict-Attorney t)o Lancey -H
Nicoll, tho young prosecutor who had so igH
galhmtly fought thn array of legal ability KfjgaH
brought to lio defenso of Sharp on his "ksH
trial and defeated Sharp's lawyors be i'.H
fore tho jury and tho General Torino 'rjgaH
arrived at his ofllco shortly beforo 11 o'cloctt pVgH
this morning, where ho wns first informed lgH
by a rcportor of Tnr. World that the Court ''H
of Appeals had determined to grant tho mas H
in Ludlow Street Jail n new trial. AtSH
' ' Was it a divided court," ho quietly asked, Ugsfl
and when told thnt it was not. ho continued t -?BaB
"If the Court of AppoaU has decldod that it OPga!
was error to admit tho ovidenoo taken before) 4ggH
tho Seuato Committeo I think that Sharp can JSgfl
still be convicted without it. 'ilgggal
" I do not know what tho policy of tna H
Prosecution will bo with regard too new f3gggggj
rial. I shall probably not participate In it fgggggi
if one Is had, aa I will bo out of ofllco. njggg
" Of course tho nuestion of the admission ggggj
of Sharp to ball will arise, but there in no no- 'rggggj
cessity for such action if his trial is moved tgH
immediately. But I can seo very little abont H'gggj
tho decision until I see tho opinion." cXanH
Asked with regard to tlio appeals now 5dgggBl
pending in tho casos of ex-Aluermnn Mc $gsal
Quado aud O'Neil, Mr. Nicoll said: ,rTheS gH
wero no points on tho appeal In fho HgsiH
Sharp case that wero identical with,' i-'gH
any in tho O'Noil case. In tho 'H
euso of MoQunde, howovor, there was tho jgggggj
nucBtiou of error inprovlug tho absenco of rgggai
tho Canadian exiles tho Keenan crowd. II iaggggi
that was a point roliod on by tho, court fax Its, Hgggggg
docision, it will bo of service to Mr. Now- Esgggl
combe in his appeal. iMgggggl
NEW QUESTIONS DECIDED, gggggj
Assistant Dlstrlct-Attornoy Davis said that ggH
tho result was not bo great a surprise as a igagggi
reversal in the Jahno ease would have been. iigggaj
Thoro woro in the Sharp case many new S&H
Juostions and thero wns consequent doubt, iJHggggai
t seemed too bad to put tho county to tho jgggg
great expense of a new trial.but there seemed 'sgg
to be no doubt in the mind of Mr. Davis that .H
Sharp would bo convicted again. ggggal
JUDOE BAEIIETT SUnPBISED. , H
Judgo Barrett manifested surprlso when,, 4kgggg
as ho was entering Supreme Court, Chamber,- ' i'.fggggj
this morning, ho was told how his ruling j ', SH
had been ruthlessly reversed. Being asked --'ilgggj
for his impression he hesitated a momexvr vlJgH
and replied : " Under tho ciroumstnnces I nggggj
think that I had better not say anything, Vlgggl
hopo tho gentlemen of the press will fully ap-f IgH
preoiato my position." 'aggggs!
SHARPS LAVYERS GRATIFIED. J'
A Motion to Admit Illm to Dall Alnr bf "5iggg
AInde To-AIorrovr. 'Hgggggj
Mr. Albert Sticknoy, who was Sharp's prhw 1
cipal lawyer, was found at his offloo, at St tjgggggj
Nassuu street. lie had received a despatcli ' J&j-
from Albany announcing the decision of the) HgH
Court of Appeals boforo tho reportera lllH
pounced upon him. Mr. Stioknoysoidhedid gggg
not wish to express any opinion. ggaj
" I am not surprised," ho remarked. " I gggggj
havo maintained all along that Mr, Sharp ggj
would get a now trial. I had no doubt that iggl
the Court of Appeals would dooide that Mr, Nnggg
Sharp had been convicted on illegal evi-r ggg
i-ELT C0NPID2NT ALL AXOKO. VBgggi
Mr. Fetor Mitchell is ono of Sharp's law ftgggfl
yers who has never doubted that a now trial iH
Mould bo granted. He did not arrive at hhv gggggl
ofllco in tho Stewart Building until noon. v3ggggi
" Yon know," ho remarked, "that I have '.ijggggl
always been confident of a new trial being; i nggggH
granted Mr. Hharp. I was certain that the t H
jiidgea of the Court of Appeals would decide) .liggggg
that tho evidonco given by Mr. Sharp be' pflH
foro tho Scnato Committee should not -lilggg
have been used against him on hia ftgggfl
trial. Thero was hardly a lawyer in' 'ggggfl
tho city except thoso engaged in the)' .H
prosecution who did not at tho time declare z'.gggtj
that tho admission of that ovidonce was; f3ggggggi
clearly illegal and unjust. Then the testU VIH
uionv of the witness Pottlo was against the) 'SasH
lira 8 of ovidenco. In fact, tho prosecution 1
put in n lot of ovidenoo iJM
such ns was never beforo ad. Vggg
mitted in any trial that I havo over read of or 'ggal
heard of, I have been so confident of a BOW" !Sggg
trial being ordered that I may say that I may , jH
say that I am not surprised at tho decision. itggaj
I did not think the decision would be handed fciW
down until to-morrow, I was at my houso, SlgH
325 West Fifty-sixth streot, when a dospatoh rgM
arrived announcing the good news. It cams "shH
about 10 o'clock." 9ggg
A UOTIOK FOB BAIL. Jllggggj
"What will bo tho next niovo in Mr gggsl
Shiirn's behalf ?" -;3HI
" Why, I supposo wo will movo to havB Hl
him admitted to bu'.l. He is a very sick man TOiH
and should bo admitted to, bail without de- 'iSggj
John E. Parsons, ono of Sharp's leading sH
lawyers, was in tho Supremo Court trying & ?nB
cuse beforo Judgo Iugraham when he heard ' JgH
of thn decision. Ho was extremely elated at '"lM
tho news that Sharp's sontenco had been s&gggj
reversed. Said ho "It Is very gratifying to -Hfl
mo to know thnt tho decision was unanimons. ,v'mH
I didn't see very well how it could be other Aaal
" From tha outset," said Richard S. New- $S
combe, " I have said that tho admission of rLgggj
Puttier's evidence would result in reversal. IB
Then tho admission of tho Senato Committeo vsl
eiileneo was certainly improper. I was a Jggj
little disappointed that tho General Term did "$fH
not roiersa tho judgment. I am sntisfied H
that tho Court of Appeals has done rightly." iXgggj
W. liourlio Cocl.nm is in Albauy. IIo or- JU
rivi d there last evening. He will obtain a -aflg
certified copy of tho decision of tho Court of 'MJ
Appeuls, iiiul will probably roturn to this H
city to-night. Ho may appear in court to- ifl
morrow morning and ask that Mr. Sharp be jcH
admittod to bail. jfiaB
" THE BOTTOil KNOCKED OCT OP TUX CASE." 'Hfl
Hx-Judgo Homer A. Nelson, of counsol tor 'fSggj
Sharp, was found at his ofllco in the Bennett 'Magi
Building. Ho greoted tho reporter cheerily iUgH
with t " Will, thoy'vo knocked tho bottom 'JSH1
clean out of the case, havon't they? Thera pHH
isn't enough left for a new trial. ' Jggfl
" Well, 1 haven't said much, but I have al 4mM
Conttnusd en Fvurth JMgt,. ggB
i ii ' ' "ni - saassaaBstJha gg-SgaS-MM-ffJ