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The New York herald. [volume] (New York [N.Y.]) 1840-1920, June 17, 1858, Image 2

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83030313/1858-06-17/ed-1/seq-2/

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Mr Blukmii r?e me a chair aad requested me to alt dawn;
Mr Vluksw tlun raid, ' I wtl aire vou H.6U0, ' thee I eat 1
1 do act w?.n u) tui ofT, lW? Mr. BUakiuvn and a bl| ?.out
aw w hum Mr Ml* b ffeetd liqed la riae street. Mad* out
settlement. oar ?*a pays W>?. I think there ?u ;
about ?2K?. Mr. Blankman and Mr. BUohotf epoke
both ta koitifh. the OQTersa'iuw vaa carried oa la |
BigHah, ana Hterhoff translated It to ma la tierman; |
the o<rT?r?KUo" waa carried on anth BmMC ikfdMaij
eak m-anything, Mr Blanktaaa then aald '. wtU give?U0
oat tf my pocket," ho opened than a drawer and look oat two
flit) bill. I did not ate thorn. Mr. Blaakaaaa went to ahow
them to me. and then gave them lo the other man ; I *a w ka
had Mile a hit hand, but oould not eee their eaaount; BUhoff
toU me that 1 muet glee a receipt for that money. I told Bit
ho* that I would not giro any reo^^ and would not write
one?1 would not glee aay. ti?n I aakT VI don t want any
money and I won't glrearv receipt, Blahoff aald J!Mf
and give a reee'pt aad 1 will go aeourtttr for It; feald It
waa aot neeraeary to giro a reoe.pt, Bt^toff aald, Bow.
Mere, you glee e recedp' ??? *I?5li*d I'+'OfV1'0Te';
I eald I will a re you, Mr. Blahoff. a receipt, but not Mr.
Maakm.n 'hen Mr Hlankmtn add, "I give Huh off that
mocer II Mr Btahoff (tree me n receipt," Blahoff said,
"Tour Imat > n*ore ta here now, If you gtye a few ltaea;" then
Mr Htrbcll aaked Mr. BUrkmen how he anoult make out
the reeeti" Mr. Blankman apuke to Blahoff. I could not un
deratand whet, thra Mr Utankman aald to me thit I should
wire a rec* ipt for $3 000 that 1 akonld go to Kurope. and after
a year I .houlu return thai money, then Btahoff took
the receipt and read th* receipt for Mr. Binnkaaau; Hiaohiif
dlcUted and 1 wrote tt; then Blaohoff aald, "fou mnat put
dowa In that receipt that you got the money from laoclml,"
I don't know how many linen wore In H; on the same paper
that I wrote the first part of tho receipt I wrote that I re
rrirtd the mrney I rem Canoeist; I wanted to tear off none
thug and Mr blankman aald, "Don't tear anything off,"
when Hiahofl'told me what to write to Mr Blankman epokelo
Blachoff, Mr Blankman and Blachrff apoke in an oaay tone
of voice, and in Kngliak; Btaohctf took the receipt, and Mr.
Blanaman to; k bla hat and aald 'Coma on;" I then told
Btach-tfi thai he ahould no*, giro np tho receipt before three
daya, wet Blachoff Mr Blankman and I) weat down Broad*
way toward <W)e Garten, I walked ten atepa behind;
then when we walked n dla'nnce Mr Blankman aad Blach off
went into n a tor* lu Br tad way, aad yesterday I found It waa
In the Aatcr Hou-c. 1 nekrd Buchoff veaterday; he gar a ma
the direction, and 1 went sad round the houae, Mr.
Blankmita erd Biscoff weat lato the houae. and I
eto.d near the dior; they epoke there to e man In
Bafflleh, I could net understand; the man wrote
aomeUing; he wrote a check, and went and rare It to
Mr. Blankman; when we got out Mr. Blankman took the
check In hla hand, and aald, "Mr. Lauth you eeeflOd;" i
said nothing; then we prated along, and 1 w sot Into a street
f*< ewa MtAaii?h?* T muM nama ika afraal- T think it mi Nrt
6, Mr. Bhrnkmu wen' lato the bouse end said be would re
turn eoon, teen we walked on the sidewalk, eel BlachotT 1
told me thai the! man was n it bom-. I don't kaoar the name
of the man; tbro we went over on the rleht html aide and
went Into a German's: I think it wn a Jew; then Mr. Bia
ehoff mid that Mr Kit ok man tod him be (oiachofllahoull
r.ire that receipt to that man, ?o thai man ahoulo read It; Bia
ohoff went and (are that man that receipt and that man cid
read It. 1 don': know where Bl?~hofT took It from; then that
man did read the receipt, and atld it waa no: right; that man
than took a piece of paper and wrote another receipt, an 1
told me that 1 ahoulo write ao, na I did write It; 1 mid it waa
no nee. that It waa enough that it waa plenty nhat I did alee
him then I aaid J wouldn't give any more receipt, when
Btacbofl aaid, therefore we have one taat would not be any
thing, even If vt u give a reorlpi; I then aaid 1 don't want no
nacnej. 1 w< n't have an* toil g to do wi h It ahoull I let that
man, end that man would get clear. It would nil c >me o? me;
I aaid I didn't went to hear anything about It; then Bia
cbotl aaid now you go oa quick, s> thai we get ready;then
Bob ff went and toyk lbs paper >nd toll me now yen can
write that, give me another piece of paper; thea I did write,
"Kerelvrd, three thousand dollars from Canrtmi," that that
noun waa advsneed to go to lun^ir; that if I returned nnder
a ye?r that I should re urn toe money: I am not certain
about any word taat waa wtoie down that ( ahould not go at
a wltoeaa aaaloet Canceml. and thst he never waa a witness
against Cancemi thtt I never at* him; Idm't know anyMing
now; there might hare been something more in. ran't
my; then Mr Blankrran mid to thst man, "Tou gtre "
That man aaid, "I'll give von $6lD," then Mr Blankman.
Kircboft and i all left; 1 think that Jew aaid tn there, "For all
the mocey that Igtcelhem. i don't get a drink," then we
? ent through a shed near Hassan street, then Mr Blsnkmm
told me that I must rome to hia offlee m the ai'ernoon: we
went then to his office ot two o'clock, and lilach iir went up
stairs, and returned and atld that Mr. Blankaaa was not
there, that Mr Klankman'a brother btj told him that be bad gone
down there to see ibal mm, then Bis.h.ifl ;old ma. Now
you wait until four o'clock and we meet b'tn vtire; I toll
BUbofl that i i idn't have time, that I had to g> home, and '
didn't like to go; then Btrboff said "Vou stay nrra, you'U
oblige me. ao that I get rid of that treuble,'' Blsht.tr did not
let nit go, I must w?it null four o'clock; at fou- o'clock we
wrut to .he office BiaholT went up st-trs and told me Mr
Blantman was not in; I rover promtael Btsbotf a cent; oe
mid if I wanted to give him atmetblng I migb', but that be
was to be paid by Mr. Blankman. on too ae.-ocd or third day
ntterward 1 rent, I think, either at ton o'clock or at dinner
Ume wlih Flabofl ; I told Blakoir that I had made ?om* tnnuirles
about ihe receipt, and ibst it was not good; I forgot tp
say that when I wrote the ree-lpt I banded it to the Jew; be ]
read It, and Mr. Blankman took the reeniot and wou'.d n jt
five it up: the second time I wert to Mr Hlnnkmin's office I 1
flrat called nt Bish-fT'a b >ure. Blahoff told m- thai the recetnt
w?i juet *4 good to me aa nuh. I avid I wouJ in t hare *nr
Utiog to <*o wr.h It; I ?*ated my back free; 1 to'd Ht-hofT.
"fou go down tow, I don't want no'hing but my receipt,"' |
I lold buu lhal be eboiild tell Mr. Bluioii thai I i
would IOI xr tie, and ih-t Biabotf should get the re
ce'pl. tbia we went to Mr. Blankmao'a o9l -e. Mr.
ttlarkmia rail, "Mr. 1 autb, I give yen H..O0 rvh
In to d I to'd bltn 1 watted to glre wttoeaa; thai I didn't I
want to bate any'bing to do wttb 'he matter, Mr Blerikmm i
aatd ' fou fool, 1 * ill glee rot; mmey." an 1 then hi eh ill .
told me it el 1 mtutt c at 'bare to morrow. I did not go; I
don't know what fay 1 wrr.t to Mr Blankmeo'i ' See afterward*,
two or three d?ye v...or 1 left my home; at 10 o'clock J
I went to the ofllM of Mr. rt'mkman Mr. BKokman ?ai Bat 1
there; there wan a Tonne man la the office; I naked h m "ia I
Mr Hla-kman no< bere " be end "No; ' then he aaked that |
young man if Mr Itlrnkmaa would not lie there that day; he ,
aatd, ' bo." then 1 told the young wan to tell Mr Blank -nan J
thai I would te there lb* next day at nio* o'clock, and I
would want my paper, the next day exa .tly at nine o'clock. 1
1 waa at Mr. UUnkman't otto*. Mr Rlankman wee 'here; I
I went tato the oflice to Mr. Hlankmau; I aatd, Mr BUnk- I
man, I wast my paper," H'ankman laid, "Yea want your |
paper;" I aata. "fee Mr Walkman. I would not a*U!e
with yeu for 16,000." 'ben Mr. Blaokmaa aatd ' Tru wiat .
the paper!"' I made th* reply "Tea." b* abowed me a 1
piece of paptr In bl* hane, and mid. "Look for your
paper." I went and pot bold of the paper; T **11, "J want to 1
ace my paper." Mr Blankmaa took the paper from me and
aalfL ^Look for >. ur paper," took it aad put It In the etore; i
the man that waa here Teetetday was there; 1 think that that .
Gmug man wa* there that 1 apoke to the day before, when
r Ktai kman put lb# paper ta the fire 1 aatd, "I thank 1
you ' aed left, 1 or uldn't apeak, becauae I wa? alone, after I
left i he house 1 went down and ran all round, and wanted to
fled the bouee where I had written the receipt. went la ten or
letlit wore*. at laa 1 found the man and naked him If he
waa a man. and whr did le write ensh a receipt, the mil replied
that he ha' nothing u> do with ttoee thing*; I mil ' you
wrote that rec<- pi." the man lold me that Cadeemt owed him
a great deal of money end I eaid. "now you want ut wire
him ffk 0 mere," I told thai man. if he would her* th* kindnam.
'bat I didn't want any woney; I weu'd hare no money!
to ioofc oat that 1 got the reeeipt again. 1 mid "I don't car*
how muck money fix; spend, the man dareec'tgo clear" I
aatd. "if you want it, f will fotrh more wltoeem*;" I 414
that to frlgblat him. and make bun aire the receipt,
the man **14. ' i don't want In trouble;' I eaid it waa I
wee wrong in two put a poor man la trouble- that I ]
didn't uederrtatd whet I did write; I then naked the
man If be would not tar* tha kladneea to an and get thi re- .
c-'pt tr? m Biaokmaa, th n be eaid he would go acd in *'.1 he ,
could thaw I loft ine went home, the next day I win to tee ' I
Bier buff 1 aaw bur 1 e-.ti I aaw Mr Blankman put the <
I paper In >b* fire aad 'hat 1 Ikonabt ha had ewtadlaJ ?*? I I 1
loul Bl?rt( fl 10 go er.l lit? cigala It, and 1 would pay him for i
bin trouble. I to d Mr Hertm oi that a; wife H* aa tr'rh
aa I did. I doo''.rem'left when I aald that I h* 1 ham at Mr.
Hlank man> ofli-e before 'he b ret trial-aba aaiuedey aa tba
trial, to the mornng, at nine o'elwk: I den t kaow wbv I
writ tt?Te lb-trrnlag hef rr I waa Informed by Mr l>ahl
that be had mme aid aaid br baloeced la Troy. and that I I
abeuld rot laeve until ba railed for ma In tba morning. that I
br Mlal to tair ra? to Mr. Blmkmaa. that Mr Hleukmtn
livrd in the ht Mrblee I tal 1 can't any'bat Mr R'enkmen ,
lived in ibat bonaa. In lb- moinlna 1 found tbat nan la Mr.
Dahl ? 1'arr. arc rude down Broadway and ctnpprd: all thrra 1
wmt la'n tba Hi Nicholas. 'h? y Mkad fur Mr lUokcian, I
Mr Hlabkman waa not th-re, aa want to Mr Hlenkmta
IB re, and Mr. liteakman inquired what I knew about
tba rare 1 told bim IV a li<.|a truth: Mr Blank
man want and took ma to tba -ornrr o' iraod
and Centre ntrr. and I eiplained everything'o lot, I ? ' '
tbat. If I taellflad to (bat tba' i anmrl go to lie It ru a. I
fljet daw thai I waa ro'l'. d tbf v could not gal a l irr'h?t c'.t; I
nfaw daja hefora the fliat tn*I 1 a.w Mr lllaukir tn and hli i
brother and two mm id *r liable, Mi 2# mm ? a'rer'; .
Mr Kun Uar a Brat oaar I. John ha dr rea tmawtron I
Crraa aj am malum g When Ton didn't get lha m may, did
you threaten tbat joa would make Tour wife row* at..; iwau
opre tbe trial of Cnwi ml to tba a. ma thr o you dt' A I '
don't reecUect wbrfbar 1 antd H or not I
MATTHJAM.ArTH. ,
City an,l fb?wfy af ,V* Fork, a-?John John* balnff duly
rworn. bdolabra Mmcbc sr'tng aa inlerti alar, dapoaae aa f'4Icw
- ?I llreon i.okg 1 aland 1 am In tb* twua l iato-wa t know
Mr LanthaadMr Hiaeboff. Hl-rboffeame to m* and a?k?"1 me
11 1 knew Lautb. about a mouth ago; I told lllacbolf that I
knrw Lautb. that 1 worked la tVe aaeaa irti'f; Itlath-fT
told ma that ba routd ret for Louth SliiX) If be w uld I
nettle with tba Ilalt'ne. and tbat I abonld I'll idtqih to \
cter (Tar to kin that be wanted to eaa him; 1 wmt and (old
Lanib, and Lnnth told m? b.t th-r wanted to nettle wl h him
aeaaaal ilmae and be trou d not. Rwebud told me tba can
da> to raj tba aamr thing to latib. that be ro'i'd go* Ml OHO
for blm. 1 told I.anth tnn. In the evening wbaa Lauth aald,
Mow, bera. I will not bear anything lo do with that." tbe
nail Car I want lo Hterboff- tbat waa I be fourth "me; Rle
eb< ff to d ma that I ah ud fo alone to that Piece where be
rould get 'be', money I went with him lo Mr. M'ankmaa'a
'dice flaebt(T and I want, hleeW had wet talk wt b Mr.
Klenkman I board, hut rould rot node ret an'* Mr Rlaab I
maa a brother at old men wan tbrrv a young roan came
ta the' la all 1 hmw e*out the eeee tba nei'. dag. Lou .b and
1 want together to tba doer of lb* building where Mr Maakmnn
acffke ta Ktelioff waa wfth nt Leuth aald lo ma "Raw
von go on at d tell Mr Mlankmna 'bet If ba wealed t ?aa
mmha ab-mi'l roer down," I wen' up. and Rierhnff talked I
with Mr Rlet'kman T went down atelrn. Ii"> mr wag"- atd
want off; mo one wmt with me JOHM JfiNRW. I
Jeerpb CrMedoro receded by the defeitae - Q Are you to- ,
quale led with the Bwuian language' a I aaat'i'Uiar |
mm. ] ,
Q. WU1 yon tell tba jury If there l? bar word In the MteiUan
language wbirb aounda .lha ar-ideal yet ktr a dllfera-l
atgateaaUot' A There to ta the Mldli* a dialect a word whi'h '
frraura'ly nerurr. ?ban hoyr or area mag are a or need of
beting done something wrong, wblrh It b denial nf Iba awl 1
anUon, and It la etpramad la tbia term ?n " I
fwtorb aouada Uka aertdrm In ffagltob./aad maaaa I knew !
ocAhlrg about I'
w io'iniTfD??fi?i*nri m lnt?rpr?'?r on Mr# ?'
aaar 'to# pi W>- *r'aenuaarl, have pon ##tf b#ar1 n# eoa##re#
I bkm ?if.r' 'hp.trt J< N M HUn rrtrr' A l*#r?r air
Pro? r.jMr Hrknit - Arri4>*N" It lb# Itahea I
for eoetdrnt i
? Rlankm*n 1 h*T> Mm Wr<1 CtucMII apMt
rrerpt ia <b# pur# fttciUaa dletaat. h# d.*a Dot M?tt the
IlaHtM.
William Repp, #tamto#d hr ?r Rtaakmaa d#po?ed that
b# *M a ri#rk la Mr. Bart#l. i-.r.rj #n iwntr of , ,
fleeter and Mul oarrr etroata; I r?mm -? h- morning po 1
lineman Andrmon ?..aVn' I ran ran aw Ml A re
to g*t tc#. Mr Kartell and 1 went for Um> to# In < wagon, aad 1
dro?# along Mntberry rtreet Into t'sital r?.t wh-n *# |
rtwtoil there to# hoard lb# report of a ptatoi or a gun to#
eoeuaoed oo through Oaaal atroat etoeaed MroadweT. and
dotoo to lb# foot of Caaal rr##1. a# I tone near tb# snrnor of
Broadway and Oaaal etr##t I eaw a man mmli gdown ltrnad '
way to<1 ttira taio<Tan?l atr##t. aad rna toward# tb# north I
river, b# weal faot h# turn#* <ev) oa# of tb* aid# rr#- #, I i
lb#r# toaa no oa# niaatag after him I i
To a J at or?I doa't know who lb# maa we#, ha had a dart
nil of rlo'hoaoto. b# rae r#ry feet.
Mr Blank man to hrp did you Rret Inf -pi na of pour .
knowledge of tbia' A Ma## the laat trial Tb# trfa#m
ga?? warn* nnlnlolltf lkl? #iola#atloa ahont a maa on a boat I
Vali ne him tbat h# ouibt to t?ll what h# kn#w about lb# matt#?
aad ibai b# ibep w#pt tn Mr Bleak*** 1
i>na ?ialM<l br Mr. Mcteon-T did aot ear to) Mr.
Hnrhaoaa oa# of tk# rRrere of thla nonrt, tket I did not bear
tb# r#po?i of lb# pla ol wb#n w# rnt laio < 'anal a?r##t w# |ot I
^atojik# ra'irnad trark aad droaa right away tba man got I
Faarr Bartrll# gar# alm'lar umUmruiy.
Narnual D. Arthur, a juror oa tb# drat trial, d*po#?d tba1
(mirth tb#a Rtoor# that aa oa# potato* ont <'-aac#tnl In torn.
Alfred A Tkllllp. f#rlh?proa#mtioa. maalVad-Oathrftret .
rkmaaetU iOaae#mt'a l?dyi mid tbat tk# prtaeorr took ,
M ta petofHea with turn bat m wr ing oa# of tba
Jnrom on tb# Brat trial aak#tl tenth if b# m? la
tb# Otnrt tk# man toho fired Ik# ahnt b. aaM ' no,"
r. M lank maa aakod Iba tolta#a# an rla#. h. did en. 1
aad t*#4*g Oaa?aml. rrt rrd from A ntinoaa alaad aad
KUattfM Mm by pottmg m? haad aa htm, b# waa aahad be
Mr Rlaatkmaa if ha had heee la tka nonrt ?b da? t>#fo#e h# '
aaanmad. "yee." h# waa then aabail If ear t-eraoe polnwt
ont tb* prl#r*#r to) Mm, #to<l baaatd ao, ' on tb# .orond trial tha
tottoaaa. I> Atofelna, aald thafftaeeeml earn# bom*, nhaagad
Ma r.l#tk#a and ?#at ont; tbat na tb# nlghi ererto-ie to tb#
mnrdar ha, P Angela* raat# bortn# at II o'etork, aad that |m
mem, four bar oava room, apofee to hint, ami apoka In a In-id
n*u b# aid am aar that Oaaroml apokk to Mm on thai
night
Banana Bank# a eearrhant of tbl# #rtT, of the firm of Hermaa.
Raker A On awe I know Fredervh Mutter
aula rmi+m J
y:
Mr MeKeon?That Mr Mui?r la not worthy of belief on B(
elk VH,
Q. bet to Mi general morel rh vector* A. Amongst my n
inqueinisDori it to had 1 .
Q Wh*t to Mi rb tractor for truth end veracity? A. I wnuld
IM flee much for bia iru'h fot
Q Wou'd yiu belters him noiler oath! A- I would eat cai
tSoee eiemlned t<y Mr B1?akm?e ? I here reed Mr Mai rw
er'e affidavits end 1 think be bee iworn lo tbloei thet ere not
rue. I here bed e difficulty with Mr. Muller; I here e WweuK *7*
Ith blm; 1 h?d I'm under en eet In e clrtl euit, for oblelnlef *'*
iood? under febe pretense*. w
y Mho here you heard meek bed of Mr. Muller? A. A eh
Ifr. Via Keller, of 47 Breed I'reet to
Q Who e'ee? A. I do not wtah to gtre the names. tlx
1 o the C ?nrt?I can't recollect any other nemee at preoent,
[ went time lo think :J
Mr. Blekemen?Then I will more thet the wltneon be eom H"
nltted In order to fire him time lo recollect *V
t ftereome farther qaeetlone the Court mid the! the witness fa
lid rot now rroollect err other nemee cbi
By Mr Blenkmen?The lewaait te ended between we, bat h?
ir Muller h*i moved to eet eelde the order of erreet ...
Hermann Voe Keller, e merchant of thli city, examined br
he proeeeuUro ?Depseod that he knowe Mr. Frodoriak Mul L0
ler ilrce 11*5 7?
y. Whet to hto general morel chancier? A. I know no U*
btnf but by henreey; H to not rery good; they epeak bat of not
dm. im
y What to Ma chareeter for truth and velocity? A. I would m
sot believe Mm; 1 should eay It U bad; I would not bellere
iim under oath 'Bl
Oron examined by Mr. Blankman?Q. Tow here a laweut m<
rlth Mr. Mullerf A. Ha has one with me; I hare nothing} do
igatnet Mr Muller personally, no bad feeling against him; I tui
-.o n it know of ear body who has ee'd that he would not be ??
tore htm under oath; I hare heard Mr. Drets, of the Presoott
Bouts Mr. Thome, Mr. Muller't partner, and Johnson, hto
ukUiBiB. iBMtk bid of htm
Bitot Merwtn. examined for the prosecution, deponed that wl
me resides at R< St Mark's place. . oai
Mr Aahmaad asked what they Intend to prove by this wit- a
Mr. McKaon?In refutation of the teettmony ae to the char .
mtcr of the ertooper given by Mr Shaw yesterday. Thteledy '*
will prove tint Oaneeml was found In her house one night pr
EOtomtttlpg e burglary; that be turned on the gee end took oil
her Jewel easkrt off her bureau no
The Court said the testimony wma not admissibleMr.
At bmead **ld tka*. aMnoogh he objected. he would now ,
withdraw his objection, and let them pror* whet they dould. ?
Mr. MoBecn?To I nadsretand th#oounael at objecting? *?
The Court?Tou may understand that the Court object# U?
Kdmro Blankman (one of the.' counsel for the defense) re Bl
belled?6eld he knew Mr. Fredertok Phelps; he may hare p||
keen In my office since the last trial. JL,
g lid you erer say In his hearing, to Mr. Muller that you
oust get him (Muller) on the jury r A. No, sir; I never aid; '*
ind I will take th*s opportunity of aaylng that I know Mr.
Muiler's character for truth end vera si ty, and I bellere It lo
>e good; I v ould bellere him as soon aa I would any man In
he community; I would btllere his worn as I would his
Mklhe
Kd ward R Phelpt was then ealled to the stand. '
Mr i sbmeed sat.' If the prosecution Intended to contradict n*
dr Blat kman. whom they had called to the stand, they oould
>ot do so; he was their own witness
The Court?Certainly; and It is a collateral Issue, and not
LdmiNMkbleJobs
Coyle deposed that he Is connected with the RUrhth
Avenue Railroad Coapany; no cars are left on the trnek In q(
Capal street and Broadway unices by detention or Are; this
might occur onoe in s month, an<* then not perhaps for three sn
months; rvoo'lect a car breaking down last snmmnr, but
can't tell when; they are repaired and removed Immediately.
Bernard Stork called by the defence, deposed that ha has
known McMuIlen for seven years; would bellere his oath or
bis word; bis general mortl character is good.
fross-evsmlned by Mr MbKeoo?Never knew htm shamed ini
aVh arytflng, cnly that be failed la btfriaeea; there were bu- ife
dress oharires against him for false pretences. ...
To a Juror - these charges against Mc Muller were not f*
rue; be was discharged. ,r
l ou's Ryzinski, ths lnterdreder of the Metropolitan police,
ind in th'scwe was ce'led to the stand by the defenoe aa<i nc
leprsed that be knew Mr Muller; his char nc or Is good; J?
srculd certainty beliere btm under oath. ?i
Arother witness was offered to the asms effest but the in
>urt said that it was unneeesaary. '
The testimony here closed, and It was arranged that In the 1,1
inorntsg on counsel would address the jury on behalf of the Mi
brlsooer. to be followed by the conn el for the prosecution; nc
be o her counsel for the prisoner would be heard and tae tb
Attorney General would close for the people M
iu
ratal of Haxtln Dowd for the Harder of John "
Dooley?Recorder's Charge?Conviction of
the Ptlaaner. fr
corrr or general sessions.
Before Reoorder Barnard. to
Jrvs 16.?The counsel on both sides having summed up hi
yesterday In the cave cf Martin Dowd, charged with tbo ltJ
homicide of John Doc ley, the Reoorder proceeded to
charge the Jury this morning aa follows:? pi
On the morning of the 8ti or Febraary of the present r"
year, John Doolry last his life. His death was caused by ga
being slabbed with rome sharp Instrument through the ft*
heart For perpetrating that offence Martin Dowd has lb
been indicted and placed on trial. The evidence having lo;
been tin it bed it only remains for the Court to lay down tb
ror your guUanre such principles cf law ns may be applicable
to the rase, and call your attention to such im- fe<
portant facts a* may more readily enable you to come to sti
a proper and legal determination. In capital cases the io<
jury should proceed carefully and cautiously, so that the ha
mett humane theory that the case will legally admit oT ou
may be urged for the prisoner's benefit, ana at the same on
lime the requirements of society (as far as a proper so
punishment and example are neceeeary) shall be kept la to
view. The killing of a human being, without tbo autho- tti
Hit tif lav hv iMtfann ahrwilnw alahSlnv ns anv n'Kas Pfi
nans or la any other manner, is either murder, man- 1
ilaogbter, or excusable or justifiable homicide, according
lo the facta and circumstances cf each caaa. rtuoh kill- Vo
rg unless It b* raaosUnghter or excusable or justifiable Ill1
br.u.icide, ehall be murder in either of three cmson pri
L When perpetrated from a premeditated design to ef- cat
>ci the death of the person killed or of any human being, cai
2. When perpetrated by any act imminently dangeroue wi
io others, and evinciDg a depraved mind regardloes of hn no
man life, although without any premeditated detlgn to ef wi
feet the death of any particular individual. no
The third anb division is in no way applcable to the cane di<
under cmaid ration In criminal cases the prisoner's guilt he
mu>t be made out by evidence sufficiently conclusive to ea
exclude at y reasonable supposition of his Innocence. The Mi
prorrcnlioo must therefore prove:? do
1. That John Itoolsy is dtad. so
1' That his death wss caused by Martin Pcmd. a I
3. That he toe k bis life from a premeditated design to lei
(fleet his death, and bt
4 That he was not justified in 'aw In so doing. wt
It ii 'or you to ray whether the tirst and second require- ha
menu hsvo bet n established bo yc j satisfac'ioa by the I lit
testimony of The mas Coo wry, H<x.ora Conway and John di<
[>oolty, Jr. or
If y'oo detrrm'ne in the affirmative, you will then pro ws
*eo to an Inquiry into the Uuth o' the third. The law tog
fwesumes that the ratura' and probable consequences am
sf every act deliberately done were intended by litl
Ihe author, and the bu-'Lenof proof to overthrow tbii fru
f>r< fumpt.ou liea with the prisoner. If, therefore, the kill da
icg Is proved to have been committed by the prisoner, ooi
and nothing shown to your satisfaction excusing it, the 1
preeumptirn is that it Is malic* as and an act of raurd?r. j th<
The intent to uke Ufa formed an lm*aol before striking
Ihe blow is sufflctsat to constitute malice. There are two j Hi:
kinds of malice?express and implied. Kxpreas ma'^osM fot
a here It Is openly established that one with a deboerate pr
Intention and formed design kil's another; Inferential, or nr
latpiitu, i? wDfr* me law prreumes r, rrom * ueiiorrne an
?< ', though do posture declArelicns rm> l>* prov d. an
Malice, however, can rarely, If ever, be dlroctly proved, wi
but depend! upon circumstantial evidence, and aoy faott dli
winch have a tendency to afl'ord an Inference m"?t be rn
Laken Into "onslderatlon byvou; bla declaration* befo*e re
anil alter tbe occurrence: bis conduct throughout the w<
iratnac'icn. whether or no be bad any concealed wcaoon vo
about blm, bla manner of using It, and a variety wi
of matter* which will readily logged themselves all
to you while engaged in exanlbing tbii case. To lai
I'litiry tbe taking away of tbe life of an individual npon di<
tbe principle of self-defence. tbe danger must be evldc'.t, la
n?ar and urgent, and nut problematical or remote Vo *c
contingent aceeaeiiy will avail, and when lbs pretended
aeceaalty ronelata of the aa yet unexecuted design- or tal
place of another, the piitoner la not allowed to iiiatify fr<
him or If by reason of tbair existence. If the prisooer at (Hi
one time wae In Imminent danger of death or of greet re
bodl'y Injury, which Is after wards removed, or noi ooe dr
ttautacapto the time of the striking of the rate! blow, eo
then he la net Justified. If a prisoner at any lime prevtoor
to aa occurrence had been in immiDent danger of go
dealt or of greet bodily Injury from tbe deceased, and
afVrwar'? leaves the c-mteet. goes and arm* himaelf ar
with a deadly weapon, return* and kill his antagonist. Ur
it U not done In self defence, aa the neceeiity m
bad ceased to exist, tbe quarrel being over. If rt
the provocation wae sought by the prisoner himself. It
does not extenuate or laaeen the offence, no matter how al
great It may bare been It Is a matter of bo Importance, rt
a* far ea your deliberation la c once rued, how great the or
provocation was; If th-r* had been ?n(helent time for the th
passion to subside, and for reason to assert its away, the w
bomiold# will be murder. It Is, tbere'ere, a matter of 1 tr
great importance for you to determine wb> tier tbe prison- n<
er, when be went up to Ryan's room the last t me previous m
to this ocrnrren** aed aekad him te com* down?that soma w
ocewas murderlag him?had had time for his blood tt c:
cool and passion to subside, end whether say aeceaalty an
whatever misted on h's part to go up to Ryaa's room for ts
protection after Conway, Mrs. Ooe war and Pooley had la
t n# to tbetr rooms Dowd's room being on the Orst at
-tot, Pooley'eon tbe second and Rfaa's on 'be third; and gt
N being necessary fir Dfl Wd to pass Hoc ley's room on his m
way up sti rs. It Voomre an important point to he den ied I
* 1 etf-v on tbe way up the last time, in pes- ug C^a way's ar
door, de^oeaed wu aw-sultel or threatened, so that he C?
oou id be under any great dap for of l>?dl<y harm. so
Prcnkennsr*. wblch n-oduraa a per "ret though temp ?ra?y fr
trf r.rr of f.whnitv w iM not ihr rnmnn' in of ftff
rr'.r.i" It It to acquired ma.I nee*. one which the peri/ w
intantarlly Bi 'fjupi n |i m?elf tod While under It* IB- IB
" jence ran derive no privilege, hit I* eniwereble to It* th
? ,ne' y e# f he bed !>wp in the Mill piwanmton of hit re
teoulhes. Where, hoamver, the deprtvatlom of the inder- fb
kUu-d.fig ec J Bi' tj rj ir total, Hied end permanent. II ex
rueoeelleiu Wi re It In Intended the! e pr ?oner shall l?
he etcwed fro* i i>? meol for the conweqaenoe* of hit *J'
kcte. no the ground of Intoxication, It m?et be mode die Pi
L'Totly an'I openly to ap.rnar that he wn? not capehle of *a
dteiingntabtog Between r>*ht and wrong?thai Be did not II
know that wbai bedii wan aft!net the Taw. If In had a
partial drpree of rraann, a proper uee of It would hart wi
ronoeelled him to reetrata thnxo paoaioaa whk-h prodoeed
thexr'nie If* prleooerleoapebleof di'tlngnabinghetw* <n aa
r ?ht or wrong, ihea tbo law bolda him to ?e responsible a
for hi* act* krrrj man li prcanmed It be *ane and la tb
the fut* pr*r**i1on of bli faculties, aod to be responsible *<(
for the netnrel aod aeoereary conaeqoencet or bit owe Ik
arte, unleea the contrary thereof be made to appear i f !*<
teetimony ne the part of the prteoner. If, therefore, g?n lei
I ewien, yen eboo'rt tak* thte theory under consideration,
yon mint be rleariy an-1 entirely *atiafled that at tie time I.?
i f the or mmtttirie rrf the act charged the party w oated la
wte 'abortsg under sush a defect ef reaaon ex not to kaoe ee
the nature and quality of the est he waa domy; >r If he did
know It, that be did n't- knew he wax .long wrong Id
Maorlaogbter la the a- awful and felonlonr kHIing of Ql
another, without aoy malV-e, axpraaa or Implied. If two Br
pereoaa meet together, and onaanddaa quarre', fight, th
and ona of them kill the other, thia la manslaughter and an
not mnrder TB# dlflerenoe between . Ic rid men ?i<
alanghter lath where the a" whi;t oor i? <?i* tJ. - i?h em
M on'.awful or llkalylo be attended with mw.hr, ye, the coi
malice, either express nr lotf.Iet.wh ' ? ('i -? ... vt
o? murder, la praonmcd to be want eg?the act berny In ?#
poted to the taflrmlty of human rature No pmvoivi >o
whatever can render borate 1r luat'Bahie, or even er m<
coaahle. th# leaat it cea do w II be to redu 1 it to mra ' I
laughter, To detei mine, bowerar, whether the kill.ug ao
npoa provneannn amonnta lo murder or mantlaughter, '
i ho laalroment wherrw th the homletde waa dfleetM cat
ato?t be taken into (ot i-ideratmo, Bw If It wore effected ' 1
w tb deadly and 'largec n^y eapon, the provosatnia mi
m-w he vecv great to |sr?r^i> t r?e frwn murder |i w?
macakagbter the weapon eg xaUumeot ejtployad
EW YORK HPALD, T
isl bear a reasonable proportion to Um pro
cation to reduon ton offence to manslaughter
era aro four degree* of manslaughter, af either of
ilch a jury ou ooavtot?a'tbougfa a prtaeair i? indiotod
- murder?whenever, la thalr judgmant, the fhcti of a
to will warraat lb am la ao doing. If n jury baa a
uoaabia doubt, fairly dadueiblo from oonflloUug or omit
I testimony, aa to wbatbor aa offonoo bo murder or menwabtar.
It is their duty to throw that doubt in favor of
? prisoner, and find of tha lower grade: aadao if there
ould bo any great doubt and reasonable unoertaioty aa
which of tha degree* of manalaughter a owe belongs to,
? jury should find under that ana about which, from the
idenco, there can be no doubt, in oriminal caiea
a rule la that the facta proved should eaolude
ery other reaaonablo hypothesla exoept that of au'.lt
prisoner has givan evldonoa of character. Good
a racier tn doubtful cases should always operate to hn
neflt If a case should bo before you so equally be
toed by conflicting testimony or doubts that without
tog any injustice to the people or violence to the os'b
u nave taken, you can render a verdict for or against
# prisoner, that good character should bo thrown la the
tie for his benefit. The law presumes every man to bo
>oceat until theoontrary la proved, and If there be a
laooable doubt aa to hia guilt, tha Jury are to give him
s benefit of that doubt. Bye doubt, however; gentle
fo, yon aro not to understand a possible or Imaginary
out?* mere poseibinty or speculation: it must be aoil
and well rounded, arte log from the evidence; for
erything relating to humaa affaire, nod depending upon
>rei evidence, leave* room for paanibie, strained, or a
- fetched doabc It most be suoh a doubt at upon the
sole case leaves your minds ku that condition that you
nnot conscientiously say that the defendant is guilty to
moral certainty.
His honor quoted the law applicable to the case at great
jgth, end charged upon several points presented by the
(aoaer'n counsel. Mr. Buateed excepted to the entire
arge The Jury retired nt twelve o'oloak to deliberate
on a verdict.
The Jury retired to deliberate upon e verdlot at twelve
slook, and at a quarter peat four sent n communication
the Court desiring bin Honor to rend to them the dotal
as or murder and manslaughter in the vsrioui degrees,
i requested them to come into Uourt, and, after bis oomInnoe
with their request, they repaired again to tbelr
om, and at eleven o'clook returned n verdict finding
rwd guilty of maanlughter in the eeoond degree.
TBliL OF PATRICK LILLY.
Clnge County Coart of Oyer end Terminer.
if ore Hon. a B. Strong nod J nations Scboonmnker end
Emmons.
STCOND DAT.
Junn 16 ?The trial of Patrick Lally, for the murder of
sorgo H. Simonaon, wen oontinued to day. The attendee,
if anything, wan more numerous than on the precon
day.
The following evidence wan taken:?
Dr. Ay res reca'led?Science afforded no means of judgl
of the position of the persons striking the blow, trbs
er it was upwards or downwards, but probably it was
ruck obliquely, and not directly from the front; it was
am the lelt.
John M. Perry sworn?I reside at 94 Duflleld street; am
it now in business; was Deputy Sheriff till the Oral of
auary; was at 8torey'e house in Pierrepont street the
gbt in question; I saw the prisoner Lally there, he cime
between six and seven o'clook; two others were with
m; I have been informed their names were Mellon and
cGahey; I 4M not know them; Lally catne In in front; he
tided to me went into the room in the rear where
s bar is; I saw them going out Of the house; hoard some
le say he cculd licx any sen of a b?h in the h wie I
rned round and saw Lally, bis hand reeling on the bar
id bta face towards me; one was in the front room?the
nailer oae? McGabey.
To the Court?I was in the front room; the voice came
om Ibe rear room; Lally was in the back room, and se ral
ether persons; ilie young man in the front room
ai somewhat boisterous, and I remonstrated with him;
Id him he must not make any difficulty there; he said
i meant no harm by it; that it was all In run, or someleg
of that kind; he then walked towards the fireace
and stood there quelly; I waited fl teea or twouty
lnntcs, or no: so long; I starred to go out at the door,
eked up evening paper and came back; stood in the
ont room, under the gas light, reeling it. my back toards
the door; while I waa reading some one came and
id there was a man hurt badly, dying or dead, at the
ot of the stairs; tbet was Mr. Nodtne; the stairs led to
g at the foot ol the st?irt on the sidewalk; did not see
e prisoner wbeu he went.
To the Court?The dtceaetd lay on his beck, with b!a
et towards the Kaet river and bis head towards fnlton
Wet; should judge his bead was a foot or eighteen
rhes from the lower step; bis head wis nearer the let
nd *ld j ol the rUp than Ibe middle; he laid straight
t on the waik; I ?s*,sted in taking bim up; be was la.d
a bed and I . cognized bim; did not see either of the
cuaed or Siiucnsoo going out; bid seen Si moos an
ere at fire o'clock; the last lime I saw bim be was in
t room: I w>3 probab y witbin five feet of thj ball door
adirg; hoard no noise in the hall cr on tho stoop
Cross eiatrired? Kuew drcea-od sixteen or twenty
ars;wbcn I went in Mr. Simons on was tbere, Mr. Van
<oth e. builder, Mr. Raymond, foreman ti N')i:ne,llr.
cka I'net aupcrintsndert or pavements, Mr. Storey, the
op r it tor, and the tartendev; Mr. Wright and Mr Morris
tne In abcrtly alter Mr. Perkins and Mr. Cbas. Hamilton
me in;tbey were all a quumted with Mr. Sicnom-on; Mr S.
is smoking a cigar and talking; they were drluklng; did
t see My. P. drink, or anybody else particularly; tb<*re
is no game played or imp:ements lor playing that I taw;
talk about cnbbage or any other game that 1 know of,
1 not see or bear either of the three speak to each other,
ird nothug from tbo Tront room except what bo bad
id; did not know how or when either of toem went out;
cGabey was talking about fighting, was talking to ma; I
> nut remember what ha said t? me; I though', be was
ter; tbey ware dressed in dark cloihee; Mellon bad oa
lire coat. Mellon did rot team angry; I thought It might
id to disturbance,and I believe I told bim I thought he
d better go out,or be would be lecked up; be asked w'jo
>uld do it tol.l bim ifno'.iody else did It I would; 1 put us r
nd c n bim and opened toe door; he then made the re nark
was all in fun. don't remember that I shovot him; he
I not aUrmp'. to strike or molest roe; that's ail 1 saw
heard: no one cainn in my b'"1n< and said then
is a fight cutaide when McCahe/ aud I were talking
!?trer wmontou was in iuo Met room; the talk was
t ielT b?tw?D ua, It was rery dark; It wi? anosring a
ie. don't know that 1 cooM have seen Simons id's body
>m the top cr the ato , a god many were gving do irn;
D't remember when lue oyster boy cama to; It vat a
id night the steps were cot slippery,
ro a Juror?1 wan ataud'eg with my bark to the door;
? door waa abut, aad my attention waa on tbe paper,
r.liiain Van Vcorhlaa 31 r'lest street, ?worn?Wat at
trey'e heme on tbe errn'iig alluded to; went there about
ir or Ore o'clock; H was Saturday aiternoon; aaw the
leccsr; four or Qve came In together; aaw there were a
mt or of at?angers; I aaw a young mao named Wools,
other named Praper; saw aoma others; know Mellon
d MrCahcv. missed Woods and Drajior a?on altar
trda. did not ae? the prisoner and his friends go oat;
1 not aea Slmonrou go out; beard no remark ab>ut a
own being outside; was In tbe bark room; I waa In the
ar room, with my back towards lbs door; beard tba
.rda "tiood n'ght, Mr. H.moDaon;" I didn't krow tbe
See; it waa afar they bad id nose little while; It
is apparently in a friendly way; tbo converaat'oq ru
Irltadly; I had kniwn Simocson from a boy; be spoke
igbirgly about what be ra'd whn be came In; raid be
m l say to, or mean so. sail that be onald lick any man
tba bcute at a game of crib; beard Kodiaw oomo in and
inccnca acme one waa hurl.
Cross examined?I a sil In front of felly when be was
Iking to S'm-neon; I bad been talking and arnokag
:tn fonr or flee o'clock: don't know what he drank; after
norarn bad Mid he meant at a game of crib Mr. Stoy
aiKed all haadato take a drink, doe tkn?w bow many
ank; don't kaow where T.ally waa when that ww laid;
old not say whether It araa tally s voles or not that MM
loed night, Mr Mmnnaun.' pr >ple were oooaiag In and
>ieg out all the time.
To tbe Court?There w?a a dispute between Psric'ne
id No lire, c<4 bctaeen p ties at all. there war a >
ud talkt*?g. the aubj " I of ts r- >trr,*#rsy was aims ba?i
>as matter betweea wo two, doa'l rem*' ibsr that it waa
(erred to after tally cur ia
Hicks Post sworn?Waa at Storey'shonaa in tbe erasing
ludad to; 1 waa In lbs back room beard tally make a
mark that be could lick any eon of a b- b la the bouse,
somettlrg of thai kind; be came right through, mads
at remark, aril walked In tbe bar. Latly and hie friends
alked up and took a drink TYrkias aad Nod ins wars talk
g and I ally Interfered; a moc named Hamblla told htm
4 to interfere with Wmgrniemen who ware talking; 81
rnann took lally toTa^k. aad te?d be ought not to say
bat be did, he said he did not ear so; that be aald be
aid beat auy one at crlbbace: there waa
me U'k la the front u?rt of the houM bs
reen imooeoc and laly, cu t any bow many cam#
witb the prlmwjar did not *ee bim t> not. ??w him
>aktog banda with Hiaiorvn. u t rrppoeed tilddlog hlin
ml night tbay want on, di t not positively m? tnem.
y back wet toward* tbam; dll not see S'monnjn after
M? blm standing with th-m; didn't nee I .ally and hta
wtdataa after that, doa't rrrolieot any on* tbore at
pt tboaa nam ad by Mr. Parry; I tbtak there were per?
r that a 1 did Ml know beaidra the prtaoaar and Ida
lac da.
Croaa rxamned?Votlne and Parklea wara at tba bur
b< n I ally earna ta. dna I recollect any one elae tbat wm
ra: Hamilton waa aaxt to tbam. batwaan ma aad them.
ay ba<l baaa diapt.ng about fifteen minute*. doo'i
member what remark ibay reada before I all y laterred
, don't remember whether lhay wara talk'nc ebont
horra raoa; they wara talking abml money, don't resolctniiat
I-aily aaid. ?r what be ? I when Hamilton
oka to b*m be rtey.ed hack aw Mrdihey; whan
rry pot hta baad on M'Oabey, I Ally waa by th? torn;
a Mmooenn'e band up. dlda't aae anybody loach H that
I DOW Of.
Be < xamlned?Knew Simooaoa a rmalderabte time, ba
u a bu'< ber by trm 'e
.tear nh Wood. Jr . "turn _ Kiev the nrlanner eaw him
id Mellow and MctJahey anon after Hi o'clock, eteodlng
front of the erglne bonee la f'lerrepout etreet thai wan
e Orat 1 N* "f tbim the three were (tending on the
Jewelk theeDglne houae it the ?eoni doorirotn Mr.
orey'a oouie; I went with them tod Mr ftreper Into
riey'e: Prayer and I left together witlila Un m'.outae,
rving three three p<r?r?ne there
To the Court? After we had been In there a few minuter
lly made a rrmerk lha' be mlt Itek any m o< a h-h
the heme no one made aejr reply, don't remember
rung Mr Htmnneoo
f> M eiamlned?a mcmW o j'ogloe Or>*nr>any
. knew bally by light only thought be had eoea Meibey;
did no* temmber Mil Ion. knew l.ally waa a
etr.ae , did act ktow be wae a? rtant foreman of fo. 5:
tj aeked me If they retild ana the hoire; I raid "Yea,''
d opened the dorr, th y were there about fifteen mm
re 1t' ok Ibey wrr . >.r, l.ally ha' a Mask ooat and
p Mellon had on a h h ' MCJahey had ow a drab Are
at Me.Ion >1 be are lo?emaa of a boee company In
iw York, and LT'ted me lo c me and <we tbotn, the cmrrat">n
??? all Mendly?about Are met'ore.
id. How came they to go Into H <wey V A They aeked
to take a drink, f ?>; geet^l S'orry'r ; they aaked me
ibore war rny id are o particular wliera we went, I eald
piece Insartirular.
Mil Mam wi ?bt -baa pre mt at gtorey'e when l.ally
me In, and hrrrd the remark Mr 8lm main raid?
toong man, ie eery wri ng of jon to make aurti n reirk,
you're no ranee for making l or aomethlng that
ia that we,- r 'i ?eaf wee ggM
fo the Ourt-1'.d not bear laUy'e reply dila'traeot
BURPIIAY, JUNK 17, 1B58
lect lb at b? mad* any; did not aee Lally, Me1>n or
MeGabr y whan they loft; I waa out la the yard at the
dm*.
Ctom examined?Did not know any offbeat man barora;
know Slmocitoo; Mellon wanted Lally to go on! of the
bouse, ana oald, "Come, let ai go;" it m repeated: heard
U>e oouverhaiKMi between Perry and McOahty; Lally waa
Is the back room at I be time talking to Mr. Stmoosoa; it
was between six and seven o'clock; aaw Perry take bold ol
MoUahey's ooet; Perry told him if be didn't behave himself
he'd put him out; Lally and SUnooaon's oonreraaUoa
teemed friendly.
Samuel Raymond aworn?Reside In Norwich, Coon ; waa
In the employment or Mr Nod in*, the It very stable keeper,
at tbe time of the coeurreaoe: waa in Mr. Storey's bouse:
eaw 'be party come In, Lally In ndvnaoe. aa? Mellon and
MeCabey go out: Lally stood in tbe doorway talking to
Stmooaon; aaw Simon son and bim a bake bands; tba thraa
went oat; Mneaaon was In tba front room smoktag aad
talk I eg; I waa la tba back room; I heard a noise, a grunt
voice at tbe outside door; oaa't Bay tba language used, bet
tt waa, "There Is a crowd outside" or a "ro* outside;" I
looked up aad saw Simoaaoa go to tba window ahd raise
tba curtain; but tba blind was abet and be could n*t see;
be tbeu came towards ma as if ha waa going out
or.oomtng to the back room; did not aaa him go
out; It waa hardly a minute afterward! that P. J. Nod me
came In and tald there waa a man lying at the foot of the
lairs dead or dying; they tben ran out; next morning i
?h up pretty early, sod saw sobs blood oo Um sUiro; I
think oo Um tido of Um stairs, near the bannister, frogs
tbe fourth or fifth stair down; it was oo Um left si Is of
Um stalss towards tbe riser.
Cross examined ?Tbe votoe he heard was a gram soioe;
U was not very loud, but loud enough for me to hear In
Um beck room; I thought It oatne from Um door; I sup
poeed it war ajar; can't recollect the words; ten minutes
afterwards beard an alarm.
To a Juror?Wd not know whether it wan a false alarm;
the firemen came bask very soon.
Jtmea Savage a worn?Was the barkeeper at Mr. 9to
rey'af Priaooer eeaae in and locked around at the crowd,
and aaid. " Theee are a ntoe M of p?as pots." Mr. Parkins
and Nodtn# were talkirg together, and Lally went up
to them, and I said to MoGkhry to tsko his friend away
from tboae iron; Lally tben raid to Mellon, " Let's have a
little fight?I guess we can take them;" and then he aaid,
' I ran lick nny son of a b?h In the house;" Mr. Si moos on
walked over and skid something to tolly; I could not hear
what be said; I did not hear Mr. Nodlne announce that
there was a man hnrt; he oame to the door.
Cross examined?Wna twenty five or twenty six years
old; wee an nphslsteler by trade, had been with Mr. Storey
riDoe IBM: had no recollection that I ever told any on? of
the remark that I Ally made before; may have mentioned
it In the bar ; oan't reoollec'.; told Mr. Peoknam when I
was called before him .wsa not at tbe Coroner's mqneit;
read the papers: knew Lally by sight; knew MaOahey:
was talking to them that day; they aaked me If I had
given up keeping a saloon; I said I bad; I did kaep a saloon
under W. Strickland's for four or five months; Lally
was quite sober; I did not know that ho bad taken anything
to drink; when be made the remark he spoke as
loud ea I do now: I guess others moat have heard blm;
there was loud talking at the time; l'erkins and Nodine
were talkirg about money; when Lally said1 Lot's hava a
fight," I raid "Don't;" I thought they were going to have
some kind of a 'jamboree." (Laughter.) Some of the
party bad bad some drinks then; I can give no reason
why other parties did not boar the remark except that
thsy were attending to Mr. Nodine, and I was attending
to my customers.
The Court here took a recess of half en hour and the
jury want In the meantime to view the premises where
the occurrence took place.
APTIKNOON SSS8ION.
Edward WiUiama sworn?Knew Simonson In his lifetime:
was present at 8toroy's on the evening in question;
saw lbs prisoner and four others oome in; they cams to the
mnaet ionl- m Amiwmlr Ihn iiwa* thinur htt hoa nl wna
Lally ssy he could lick ujr eon "f a b?h there; he said
it in such a loud tone that anybody could hear htm.
Simoneon said, "Young man you should not make such a
remark here?there Is no one here that wants to light."
Lally then took It back and said be meant that he could
beat eny one at a game of crib; saw them all leave; saw
8imooaon shaking bands; he said, "good night, boys;" and
they parted in good humor; saw no more of Blmonson till
I saw him lying at the foot of the steps: saw some blood
the next morning on the casing of the door leading into
the entry and on the steps?on the middle step down, on
; the left side of the steps towards the river.
Cross examined?Examined the blood In the forenoon
of next day; saw Simoneon carried up; four or flvo bad
hold ot him; be was bleeding profusely when they laid
him down between the two rooms be waa bleeding from
the cut in his eyen; I turned away from the eight.
Joseph Wood re called?The Drat thing 1 heard I Ally
say when be got to the bar was, tbere was a d?d nice lo'.
of p?as pots tbere, and be asked me who they were; I
said I did not know tbem all; I drew back.
Croes examined?I have known Savage those six months ;
he kept s saloon; be gave It up about April or March; our
company do not go much into Storey's honss; I hsve been
in tbere sometimes; did not hear Savage testify; was call.
od back by an offloer; have spoken with Mr. Draper since
about mv.testimony; to no one elae; I did not know what
I was celled for; I have spoken to tha District Attorney
since, but not as regards that; I did not remonstrate with
Lolly about that vulgar expreseioo; I had heard It before;
bad beard Savage use It; had beard the word "jamboree,"
some meant a drunk by It; don't know it Is more common
amocg firemen than any others: had beard the vulgar expression
Imputed to Laity used by Oremea, and applied to
men; It is geocrally used as a hostile or angry word; Daily
belongs to No 6 I believe; the alarm of fire was twenty
minutes after i iota u>? it was for the Taird district,
Mr. Storey's house is la the Sixth.
Stephen B. Storey sworn?Was the keeper of the house
mentioned; it was called the "American Motel,' saw Dally
aad his two frienda go out that night; about five or
eight minutes afterwards some one said there waa a crowd
on the sidewalk, and Slmonaon went out; a very short
lims afterwards Mr. Nodine gave the alarm; saw some
blood on the door the next morning, iboul three or four
feet high; It wee a Urge .spot; did not tee spur%od blood.
Crow examined? Kept that place since Iteoember left;
Savage had been with him eeveral times; the last Ume be
oame to blin in January Smocson came thereabout tBree
o'clock, and was talking and smoking and drinking a lit
tie till he went out as described. No line and Perkins' dispute
was a loud one at first, but they bad cooled down
helore iAUy cams In; I Ally and Mellon drank twite?the
fi.-rl time with Terkins, who Invited them; the second ti -ne
T .uvited th'm. he said his name was Pat Ln"y. and he
was assistant foreman of No. 6; beard bis explanation?
that be mi act be could beat any one at orlb. they all
itemed friendly; all drank except Si moo eon, and be took
a segur; did tot recognise the voice which mid there was
a crowd on th? sidewalk; when we pliked Slmoneon np
h was senseless aud bleeding very freely, there wae no
| from door
fir ettam'oed?Mr. Simrneon was In the habit of omtng
; there, aid knew the place well.
Toa.luror? Heard no noise as of any one falling: saw
aome blood on the top stepe
To Mr. Bra ?y?The blood on the doer was the size of
ba'f my hand; It was not on tho door, but on the casing
or jamb of the doorway.
Jaznes Connelly?Was employed at Mr. Storey's plaee,
end was there that n'gbt; saw lAlly go out Orel?then
Mel'en?then Motlehrv; 1 uw Mr dimoneon after they
wmt out standing by the stove.
William Morrisswirn -Was at Storey's the evening of the
occurrence; saw I All) and bis two friends go out, dirnmson
w?e standing bjr the stove; Pet kins had gone out before,
and I went with him to the corner of Fulton street; at I
returned and was going into the house I met Nodine;
fifteen mlcntrs after that I saw lAlly go out; he h?l been
talking with Hamilton for a moment or two befo e he
went nut- Mellon ana McGahey bad started to go out and
calkd to Tally to fellow; I.ally said be wanted to sty a
word to Hun1'! ,a; t'.ry all rams batk; M;labey and Met
loo eat en th? oba i by the table; and Mr Atnnnson stood
by the stove; Hamilton and IaIIv spoke for a few minutes
U'f'lher; at the mhi? time tor P nnsxn aid Mellon were
t* k rg tngetVr I Hunk Mellon nrri S?mop? >n Kho-k hanl>
Mr. tmnuon lit a aegar Md b?ran to and at that
moment I heard eotne oneray," rhero to a crowd outaiie;"
Mr. Rimonenti brent oat; I weut oat by tbe back door, Md
ctmr round by Fuiton Mree* to the front; n? Mr. Si mm
on lylrg there.
Croee examined?Couldn't ?%y wbo of tbe three went
out Iwit; all that be beard l.ally eay wee "that he cwld
1 ck My eon o'a b?b In tbe houae."
Frederick J Nodloe eworn-waa at Storey* tha' n <ht
lett before Perklne dlt to tret hie eupper wee gene about
twenty or twenty five tninntee, not longer; came up Pierreponl
itreet; weol into my atahto aljoin'og Mr. Storey' ;
Jnat aa 1 got inelde tbe larr" door I heard a tumble on tbe
tMf adjo'i inf. It wae en heavy enl loud it naured ma to
tarn and look out;eaw three men . two w -re i.imlng down,
nee )><tfbre and two behind tbe body, wbloh wae falling
head for emoet, leering the etette. and ooe coming behind
them ran ae quickly aa I could ao<l met the two
indn at the junction of Urn flage Md where tbe onrrlegee
|o up; I pawed u>em aa c'oee aa about four or five feet;
tbe one that ctuie down laet behind the bo If, which
Coved to he Mr. Rlmooenn'e. looked at the body and
rn ran. tbe body eeemed to be failin( quite tifelena; did
not (.rnep at anything. tan up atalre and |an the alarm;
don't remember what I eaid. Q Who were the tfereo
men? Tbe priaoner waa one, McCahey wat Mother; (
did not know blm then; bad anen tbem there about Are
o'clock. I Ally and tocttahey were in front, Mellon behind;
they ran toward* Fulton xtreet; Mr Raymond and I got
bold of hi* head. I don't know wbo elee awl toed; loot, ed
at tbe blood the next morning; found tome in the
rrcera behind the folding doom, in tbe c??tog
of tbe door, end on the door; I mean tbe
door leading into the front room; there waa blood, I
think,oaevery alep, mor? on tbe bottom pnea. Md on the
flagging a pcol nf hiood, the blood on tbe floor might bava
been rpilt in bringing blm op; tbe Wood that wae on the
door wae aplaabed la n number of epoto; I law the gtrl
waeh It off
Crone examined? !ia I never eeen I ally, Mellon or Mi
Oabey before that aigbt; wm talking to I'erkine when
they flret oame In; laily did nothing to Interrnp'. ne; did
not ray anything to ne; It wae a very dark nijgbt. the
lamp wm token down to be repaired, and the a loop wae
! the light cf my lamp, which project# out: I think ?lmon
i ace'a hoed mutt b*re ntrnck the inat thmn atop*, from the
mark* of blood on thorn.
Ra eiamlned?My Impreaalnn In that on a of Uin two
man thnl want ahead wit bareheaded, bat I ooiild not
wrnr ib*t. on the Hondo? night I wont koto lha oolln nn<l
ptrkrd out Mr. lolly and Mr Motion: thn nott mining
picked out Mrflebey In thn ffello a'. tho Ottf tlnll.
tunen I hnion worn?Am In tho employment of
tho loot witnono; remembered bin riming from
gouing bin *upp*r on tho evening In qnontkm: honrd
n notoo; tho flrnt thing ho now wni n man falling down the
ntoop, aril another man otopp'ng or or him; tho man who
Mapped oror him ran toward* Knlton atrnot; w* knked
round and I fbund n cap, nbout four font from whor* Mlmonoon
Uy at tho bottom of tho aUtrwag; 1 gar* It to
Mr. Iboroy the cap produced look* like H.
Joel f -pith, Otpfafn of Police of Flrat precinct?find?oen
the cap before: officer Ponton and Mr Rtorey brought It
to tha etattnu office the night I .ally waa arreatod, i laid It
on the doek la front of Mr. tally, bo looked at It; laak-1
htm If It waa hla cap; he anld It wne, and ha waa Tory
glad to got It?that be neror ?ipeeled to aeeltagnin. I
eked him where he got Ibo one no bed cm; ho enid at the
engine bnuoo, had aoma eon vernation with htm that night
nt thn alatlon bonne; I naked hkn to tell me who he waa
In company with around at Mr, (Moray * ; ha *ald he would
not: enid they did not lire In nmcktyn: I ?ald It wan n no
rtouo * -rape ho w*a In. and I ahould like to know who
wna with klm. It would make no difference to him. I told
him that Mr Wmonnon wao very aerkmaly Injured, and ha
aid, "If (Mrmmann ahould die I would aland n goodohnnoe
10 heeg fhr W
Uruaa tianuned-Mad hegn a oapum of potion htW
9
yean; H??r h? L By, Mellon or McGahey before: had
known Sinioeaootw aiy $re mil; ra no', very intimate
with h'm, rtticer Bare brought tally lot) the nation bouse
about n'Kbt o'o nek; othcer* Oorwta and Batty oame >n
with them; there wan qutte a party and several
oAeere; I think ba had a gray cap; ha wan
takna into my private offloa, and aoaa moony taken
from him, a (old watch, aome keya and other
imall aruclee.and be waa than locked up; the offloer
brought him up to the derit and laid ma that waa I Ally;
don't think there wat anything aald about the crime ha
had oommitted then?not till he waa la the oell; did not
tell me bow be had lent that cap: I did not aak him; did
not examine bin peraoa to aee if there were any ma'ks of
toleoce or blood upon him; the Cjroeer'a inquest waa
held on the next Tueaday; l(r. Underbill attended for the
people and aaked me a few quenUona; I did not thee a tale
what I and I ally had said about Simansoa.
At the oonolnalon at thia witneaa' examination the Court
adjourned.
the oaae for the prnaecuUon will be cloned thin morning.
TI1IKD DAT.
Jvn 16 ?The court opened at the nanal hoar, and the
following witnesses were examined for the proaecutioa:?
William Ballentine, doorman of the Ftrat precinct elation
honae, aworn? Heard of the affair on the night of the
occurrence; raw three persons running down Johnson
street a lew minutes oerore the alarm of tire on that
evening; Joheaoo street commences at tho aeoond block
from Urn American Hotel; they ware running tea or
twelve root ahead of each other, going aa hard aa they
could run; I thought It curtoua, hearing ao alarm of Are, to !
aee men running ao; beard directly afterwards of the
alarm of Are; thought they were running to the engine
bouae; I got up on the oorner of Washington and Johnson '
atreeta whea the bell rang; they had oa dark clothee; the
ene behind had a light ooat; I did not know them.
Francis 0. Kir by aworn?Knew tho deceaaed; waa
well acquainted with him; he waa a powerful aaan phyaloally.
Captain Joel Smith recalled-I told Lally that one of my
men bad seen him run down Johnaon atroat and turn late
Jay atraet, towarda Myrtle avenue.
Croaa-examed?Mr. Ballentlne told me that; he la doorman;
he told me on the evening of tho occurrence.
Direct examination? My evidence aa to conversation
waa excluded yeateiVay.
Judge Peck ham called Francis B. Stryker, who did not
answer. He proposed to have the expressions of the do
ceased on his way to the house after the injury, which
wis "for God's sake give me a show," or something to
that effect.
Mr. Brady said he should not object, aa the statement
as evidence had not yet been taken.
Mr. F. B. Stryker came Into court and waa placed upon
the aland.
Mr. Brady objected to his avldenoe, and it waa excluded.
The evidence for the proeecutlcn then c oaed.
Mr. J. M. Van Cott opened for the defence In a very
pretty speech, and took occasion to comment upon the
fads and evidence in the case as it then stood at considerable
length The prosecution, he said, had not propounded
any theory. It was ail in doubt, and the defence
were net ca'le 1 upon to pripmtnd any. Their position
was that any theory that could be constructed by the
prcaecutiOD must fall.
rarrnoyr for rm nsntves.
Alexander R Kofl?1 am a plumber, have been in the
busicces seven years; have known Lally the same time;
do served lis time with me; be served rour y oars regular
time; it expired in 1856; be remained with me aix month)
after that; he then got employment in the Nary Yard;
got bla employment before he left me.
Q. What was his general character?
Mr. PcckhRm objected except ac to his character M a
peaceable man.
* Mr Brady contended that in a case of murder the general
moral character was important A peaceable
man might be so avaricious that he would commit murder
to get a man's puree or money.
Objection withdrawn.
A. His character was very good, very peaceable;
never knew htm to quarrel in the abop.
Crocs examined?Did not know of bis associations out of
bceiness; bad Dot beard of his belonging to the "Forty
Acre boys" till alter the death of Mr. Mimousoo; had not
heard much of him for two fears before
Q. Are they a pretty herd set of boyc?
Objected to end ruled out
A. Did not know where Ially went after boainees; his
partLer spoke well of tally; had not heard or big being io
any particular Oght; hal beard of bis being engaged in
firemen's quarrels; Mr. Melville, my partner, said he waa
a bad boy, and Old not pay bim (Melville) deference
enough; Ibat was all the complaint; I said I did not see
any thug bad about htm; bed not hoard of bts being In
aoy fight or of bis knocking Mr. Bortlne down; I think
Melville discharged bim; I took him back
Ralph Fell, brother of last witness?Always thought his
character gtoJ; sever heard of bis being in a fight
John K. Shandley?Was a teacher; had been a teachpr
tweily the years, knew I ally, bad know him ? xt.cn
years; he went to school to witness for four or fivs years;
left school in 1K61; school was at the corner of Oarll and
Wtlloughby; I ally s character was, as far as be knew
bim, lnvariibly good.
Ocas examined?Had not had an opportunity of seeing
much of bun for the last two or thrse years; only met
him occasionally , met htm on the street, come of bis as
teclairs ocmo to me in the winter time never heard of
bts being in any figbt.
Anthony J. McCarthy?Was master plumber at the
Navy Yard; had been for the pest thirteen months;
1 ally waa In the shop when I took charge and had been
ever since till hi arrest; bis character was very good; be
was very attentive to his bualaet*. always considered
h m very peaceable. never heard of bim beiDg la a quarrel;
cn that Saturday be left the yard at three o'clock; he
raia i>vf uikMV'u, raj u | tie wauica nu ?,~? rimiu IU U|I
for tbe coming KurJ?; ; bf did not draw his pay.
Qk Haw mu-b wm there dae to him T
Objected to end ruled out
Crora eiammed?Did not know where tbe boys went
when they left tbe Navy Ynrd.
.lobo Hunt?Wm n plumber; to foremen or the department
In Ibt Nary Yard; had been 10 lor elx yean,
bad known I ?Uy kIuco IMrt. bla character waa generally
very good; never before Una hoard of any acrape or
qoortel that be wm Is; never wm out with Dim. beard of
ooe finer, th? Myrtle avenue affair.
William J. Cheney?Plumber In tbv Navy Yard aloco
1Mb; worked wtlh tally far twenty moulha; bio character
wm vrry gocd; be wm vary peaceable.
Phillip J. McN.ff?Wm bookkeeprr In tbe plumbers'
department In tbe Navy Yard fince 1867 , knew lally all
that time. his character we* good.
Daniel Coecrovo? Plumber; knew lally two years and a
fcaf; worked with blm twenty months wm what is called
"a mate" of bis; that is, we worked together; always
found him a very good d'spot-Moa ard peaceable.
James Kenamora?Was a ahlpjolner; bad known Lally
eight or ten years; went to reboot with bun, and had bom
an ksroelate of hw ever since when they bad time, his
character wm go d; never knew of bis being In any dla
tarbanoe.
TbomM Riley?Wm a Deputy Sheriff of Kingaeounty
since 11th March laat; wm a bou-n carpenter before that;
bad known Ia'ly for eight or ten ycara, bis character m
to prace wm very good, bad been an ana oc is to of hit for
tbe pMt year?pretty near every night; belenged to aams
t cglce company ? No. 6, the Union company; Bad belong
?u W IV IVI IWO TO UJWL UK , UIU U'H ftUUW UVW IUU| I <1 .1J
had belrt ?ed In It; he was Mn. Un' foreman; aaw him on
the night ol thi* cr-rurrer.oe, hot wen ibe hours of seven
and nine, at the engine house. Canton street, Df ar comer
of Mjttle, after the alarm of Ore bell was ringing at the
time, cans to get hie cap at the engine houae the machine
ba" ben runout; I saw or thought he wm a little lutoskated,
and advised him not to go; be went to the Ore;
be couM not run much J we lost eight ol bltn. we lock home
the machine, and I aaw him again. he wee tnm'el there.
Crete examined?Met him eotncUmee at the engine?
sometime* corter of Mjrtla avenue and CaoUu street
went M v?bt re In pertirular were general); together till
eight or ten o'clock . there wen eottetimn a do ten of them,
icmetimer two d' / ?, or three dot'n; never wee arreet
ed; was once complained of as being drunk an 1 diner
daily.
Christopher Wright, sergeant of the Metropolitan po
Iter?Was two i?ara ago captain of the Fourth district:
knee I ally; I.ali) lived in tbat district, In Hudaoo avenue,
1 knew him and hie people, bis father and mother ; could
my notb'.rg against hie character, only knew him by
aigbt before be was aire*led.
Joseph Hictr, piltceiraa of the Fourth district nearly
Utree yeara?Had known Inliy by name about two years;
knew his rather for a long time; had seen blm on ibe
rotaer with n'hers, dtda't know hie character was worse
then any of the others (laughter), never had any din
turban e with Inl y
Crnes eta mined?Heard of Inlty being In a (gM last
January. baard tbat he bad l>enten a man la n porterhouse,
who had been a witness; it was at John bangstafTr
bad not heard of hie whipping Ntchoietbe night
be was arrested; he pushed him on one elds.
John Itoyle? Wea a block cutter; bad known T.ally four
leen or O'teen years; had been an seen si ate of hla; belonged
to No I; I Ally-a character bad been good all the
Ume
Crcea eiatritned?M*t In Myrtle avenue, near Fort
Greene, tid not knew the place wan nailed "the Forty
Acres;'* Ute hoji were called "the Forty Acre Bnyr "
Then as Murray, atone cuttrr?Hnd known Lally thlr
leen or fourteen years. the drat tan knew of "tha Forty
Acre Boys' was that eight or ten year* ago there was n
political party calling themselves so, sad the boys took
It up; there wse no ot trsulretkm now.
Grots esamtued?Had gone out on an egrnrstou with
a Forty Acre Guard, Oaptala Cardiff, now Captain
Sharp; Captain Car"*Iff was dead; he, wltoeea, belonged
to that crourd; be thought they were all man of good
character
To Mr. Brady?Of all that ba aad [ally knew none
masa l.llaea nil Ikhif OTTtnlctwmonl
1 ba teedmcny for tba dafcnce bare clotted.
Mr. Park ban hM that aa they h.1 cotnolalaed ao
much, ba ha<i nowcauaed MMlen to ha brought into court,
end they might if they airbed examine him
Mr. Brady ?aM that ?m a fiiurtah of tbe praaaantloo
which ha rhoald not reply to at all.
Mr reel bam did ratio mean It Ho waa willing that
they thou i<l examine Mm If tbay pleated. It vaa cartalaly
art for tba proeeoutiea to call bim.
Mr. Brady?If you had intimated that to on at theoommrnrrm?nt
of tba trial, I might hare made aim" raaponae
to It. Aa It la now I make noae. Wa are ant playing a
game of brag, bnt defending a man f* hi* Ufa.
Tba pro*<cation tbca produced tba following
MBt fTIMO TIISTTMOKT.
'obn Abbay?Know tbe nrhntior I Ally hy eight fhr a
tin nth before ba war arretted; bad heard that bta general
character wan very ba1.
Crnee examined? Ha l heard officer I'tter and a number
of otbere, rfllrera Hlcka, Croeber, Bertlne and a good
many other* that I raonot rooollact, I am a tobnooooint,
. 74 Ifyrtle avenne i? rer belonged to a lira company
Peter 0. Bertlne?Had only aeon the prtaooer once; did
not know hie general charm-tar.
William l iter, poimmren-Had keen no a ynnr aad
reren montl m wae acquainted with the prtaever by alght.
md lint knox^iia general character rxoept from the com
pony he k-pt, bad li> ard otlmre e|-eak ot him. be waa
one of the leader* of the "Forty Acraa Boya,' aad that
waa enough to condemn aay on*
Oroew rxnmlned-Wea not unfriendly to blm. had net
heard an v oae apeak of blm except member* of the police.
Geo A Waddy?Waa a polloeofnoer; knew Tally, knav
where be tired did not know hie f****'
The teetiwiony rlneod oa both eWtee aad the court ad
Ji wed ua tkta mafaiag, at MB VaMak.
ww aid mm
rmWD-rl* THIR1T KRCOWD BTRRRT. A PUMAM
eoatalrlas erne money. The owner may hare II kr
proving property and paying for this adverttnement.
H. FLKITM ANN.
? Barclay ana ?4 West Thirty teoowdaW.
FOOND-A FNALL BRAOKRTT SOW Plil. AT MO. IU
West Thirty eighth sirrnt. between Seventh avenue and
Broadway. Ths owner cat hare tht same by paying eapsns??
OI.D WATCH AMD OOLD CHAIN LOBT-BY A LAW
Tgeir g from Fulton street to Hudson River Railroad dnaat.
Chamber* arret The watch has a hunting ease, the flndar
will be haadsnnely rewarded hi leaner the same at 148 Falton
ttrret The above Is prised by the lady, betas a nrnaaWl
from an only brother QBO. W. WHITII, Hatter.
INTAGLIO I.ObT?HKAD OP A ROMAN. OCT IN AV
oral piece of rnrneUeo. The An iter will be thanked awl
suitably rewarded uoon leaving the same with R. W. Plumb,
dlamna<! broker, 512 Broadway. OfAea hours, V to 10 A. M., I
tea and ?to A P M.
Lost -cash boor low -thm " nkwtork rxorlslot"
cash book lott on the Jersey City ferry or onaatbna.
The Ander will be llbsrally rewarded by leaving It at the
office. 88ft Broadway. ALBERT PaLMBR.
Lobt-on wrdmbbdat. iumm ;ia a portrmomnate.
eontainlag due bills as d other papers the ere of we
use to sny out. If the finder wlU return the tarn In 4AF
Rtgb'h avenue he will receive S8 reward and the thanks s(
ths owner.
T OUT.?ON MONDAY, 14TH INSTANT. IN ONK OF THM
JLi cars of the New Jersey Central Railroad, of the train
leaving Pouad Bmok at quarter past fire o'nloek, a black sOk
mantilla, trimmed with guipure edging and frtnge; supposed
to have dropped It la changing ears et Bliiabeth for j TMr OHr
The finder ?UI be suitably rewarded by leering It at 131 Warrea
i treat, N. T.
Lost?on Tuesday, thbsth, a mainsail boat.
twenty four feet loaf, Pmootbenaon builder, called Be
Go*en>< r. Paid boat la oalated blaek with yellow ml
Any perron giving Information where the aald boat oan be
found will be suitably rewa>ded by sealing to the Bwr
Home, Penny Bridge, Month Brooklyn.
MANUSCRIPT LOST?ON WEDNESDAY. JUNE IS.
probably In a Broadway omnlbua. a roll of foolaoap
mannaorfpt Flee dollar* reward will be paid for lie re tarn
at the ofloe of John Jay, 20 Naamn etaeet.
STOLEN OB RTRATBD FROM NO 5 COLLEDE PLAOOt.
a large blaek and white Newfoundland dog; anawera la
the name of Cmaar. Any peraon returning the lima ar
giving Information or the above ntimber, aecond door, win be
hendrrmely rewarded.
STOI.EN?ON THE 151H, A NEW COAT. MADE ROONW
In the corners, and two glaxlers dlamonda and a atlk headI
krrcblef In the pockets Any peraon returning them to Be.
Id! Laurrna street, oorner of Honaton, room No 11. or at No.
1 If Ckambera atreet, will receive SIS and no queattons a abed,
or If the return of the dlamonda, will receive the aaaaa alae
SIS, and no queatlona aaked.
rbwards.
<f>rr REWARD?LOOT,"ON BOARD OF A JERSEY
?J>?J city ferry boat, a wooden box, containing a alrok of a
double barreled gun. Tie above reward will be paid ba
delivering It to No. 262 Wildam at.
A r REWARD ?LOST. FROM THE HOUSE OF THE ADqp?
) vcrtiwr iVitl Broadway, a medium alzed watch dog; be
la of Newfoundland breed, entered with a letter; color, whtta
with black ears. Tke above reward will be paid for fcla re
turn aid no queotlona aaked.
ACfl BEWABD.?STOLEN.?HIBBD ON SATURDAY
JPrJV morning, to return In the afternoon, from Jeoob F.
Oakley'a li*ery stable, at Bobcken, New Jeraey. a boras,
wagon and barnera; a bay lorae, about fifteen and a hall
banc's blab nine years old one hind foot a lit-le white, email
star in the head; wagon painted black leather top, abovt hall
wonr, ?*? by FUnc'ro. Ninth avenue. New York maker*
name on waion; set of silver mounlcl hu-nese; pad nodai
saddle. Small man about sixty years old, dressed In blaek
clothes; wblakera white The above reward to be paid ot
delivery, to wit-925 for the bsrse, wagon and harness, and
$26 for the recovery and oonvtctlon of the tb|ef.
?rn REWARD.?STOLEN, ON MONDAY NIOHT, TH*
glilU I lib last., from stable No 208 Thirteenth street ons
set of double barneae, full plated: ruasott reins, forehead band
of bridle*, faced with buff and red colored leather; hand and
dagger fo-creels Charles Water I' Bime on the tugs. Aiwa
one set of double ha-nraa and one set of single barneea. and
one double ret of t-aees She above reward will be paid ant
no questions aaked if aald haraeaa are returned to tke ewnsr
or lelt where be eaa find them
PA TBI UK VcCORMICK, Sll Second aveaae.
FMAMOIAL.
August belmont
Imiin letters at credit to inreOMi to an p iSof fiha
mod*. No. 7< Bearer Reset.
CAI.IKORNIA STATE BONDS ?>500 BONDS OF NEW
Issue. wanted la eichange for $1,POO's line tseur T#
parties holding the smaller bond*a reasonable dHBereooa ?tl
be ptld If rrquired. Apply to NM. T. COLEMAN A JO,
8? Wall street.
MOIHiT TO LOAN- ON CITY PROPERTY ?APPLY
to the North American Fire Insurance^'omp any, No*
6 Wal street.
OFFICE OF THE CUMBERLAND GOAL AMD I ROW
Company, corner of Broadway and Wall street?Wow
York. May n, ims.?The stock bold en of this ooaspaay aro
hereby notified that the right to oonrert their present stosk
Into preferred shares wlH eiplrs sa the Slst last On sr before
that date those whs wish to a rail of the prlrliaga wtS
pay two dollsra and fifty cents on each share, and on or before
the StHh day of Juae next a further payment of two delIan
and fifty oeats par share will be required. On Ihs pssrmrat
of fire dollars par share or rttfleatea for prefect ed stash .
will be Issued. An; stockholder anticipation the datre at
payment, eta. May 31 and Jane SO. will be entitled to n dk?eoiint
on the sum paid at the rat# of su per cent per asnma .
to th<iae datts reapectlrely. Cap lea of the report, shewing
the eondtttoe of the ooaspan r. made by the committee smpolnird
at the stock boldsre' meeting on the 15 h of Aprg, east
be bad at Ibis office. ROWD. F. LOOMI8, Heoretory.
won (inn wanted-a rare chance foe iwtAU.l/l/U
restmettof this amount la an Incorporated
manufacturing oompany: business eataM'Sbed here Aa Important
office might la had ir the eaplttllct desired It- Fsl
particulars may he had on applcalloo to JOHN BRAINEED.
No. 2 Mr'rrpotitaa Hank. Pine street;
ton nnn 1x1 an ?n bond and montgaol
glyUtl'vU In sums to salt spnlioaats on real estate In
this etty or Brooklyn. Also S.0.000 SA WW. $7 (WO. 16 OM.
W.WAjt MW.Bt.UOO SS 000, $2.MB, $3,000 and M OW. ApVw
o A. SERGEANT, U Wall at. rr^
~~OOI*A KTTYK KEHIP ITttTHIWS.
COPABTNKBRHIP-S3CO.-A rARTNRR WANTED
with about this amounl, to takr an equal Interest with >ha
Coiirtetnr In one of the heel wholesale and retail I'quor Sorw
the eity, or would sell ool altogether on reaeooable ternm.
i ke -aarot Kit* It ike ate.nUov It requires. Apply to wiltMAM
ABBOT. >7 Chatham street. _
Copartmtmp?WAirrrn. a partwrr. with a
tuna') capital. to j>la the adrertlaer la one of the beel
paying eihlMuona In tbe cruatry. ready ut atari (iood *eeetit?
for the amount invested. Apply at >41 Bleeeker street. .
DlRVOI.tmOW ?THR 0OPARTBPR9HTP BRT? rrw
I ibo aubrctlbera utdrr the firm of Rotolph Bla-h a
ITeory Mna<in'u la thla day dissolved by mutual eon teal
The debts of the outstanding Arm will be paid by Rod.ilph
Illorb. who will continue oo with Ike butloeva aa restaurant,
also for the rule of French wlnea and a ip?rlur later blar.
tlnnrra to stilt the taale ef Americana, French and (iermaas.
at frrm 12 to 2 P m. R. IIUI'IH
Niw loea, June 14. 1808. H. KoNQljllT.
PIRTWRR WABTRT1-A PRACTICAL BTWWKHB MA*,
w ith caah, to take a Jo n' Interest la the pr etest*
buiiaria, alteady wIsMlnb-d. la oar of the brat lo-tUooe la
ibr Htj. Apply with reference to C. H. OLIVRR, 61 Liberty
street.
<bt>Kfh -WAHTRP, AW AIMlOriATW WfTn TH*
ebcre amount, telola the adrwUter la a geoeel.
pleaaaat aad lucrative Irarelllag bu? teas For particular*
Inquire of A. A. HOWARD, No 18 Uuml street, fr >in 10 A.
M.tolP M
ao/in to tflOa?ah errrot.tifl pkrrow with
^OU" 'he shore capital ras hear of an eicalleal oppertunity
to eatahliah himself as as partner la a good odlce beat
nr aa, by calling at room Wo 8. Sit Broad way.
' 4 inn ~k FARTNNR WANTNT> TO HfTlC'T THTR
^ 1' Fir. Mount la a mod bualnxw, wb*r#*y <3 rw a rear
fin ha made without anr rlak. aa tmp> eepuil'y will Ha
lira for the AtnO, whirh I* to ha na?d 'a the b'lainrm. Na
further capital reiolred App y at M Naaeauet, r rom f.
from 10 to 2 o'clotl.
(lAn ?PARTNRR WANTIIV-TN A RP?rRCTAllI.*
JP ilFlF. caah bo?lneu*. well ettab1le*ed and large prwflta;
l hi* la a (nod opportunity for a perron of am all m?aaa.
For rartlenlnre apply ?t .be lumber yard, corner of Ma*
arcana and Tweaty tilth atraat.
(enn -WANTHD AN ARROOIAT* TO TIAVm
Jo'FU. wHb a money making eihlhltloa; will pay SIM
par week Good aecurtty glren for the amount tar eat ad.
Apply dt 81 Naaaau atreet, room No A aarond floor.
*Cnn -A PARTNKB WANTRD ? WITH THTN
?w"U, amnnnt. la a? old oatabllahod tiuataoaa, moetly
ta door*. light, genteel and pleaaaiit. will par oaah nlaar about
* miO a year Addrra* a lla* to N. B , Chatham aquare letter
office, oare of B Ierk wood
41 ?AA -A GHNTT.KM AN WTTH THTB AITOITNT
vl.UlrlF. In e**h ean tola the ad?*iii*er, who will fnrrlab
a like amonnt, la a rank manufacturing bualneee la thia
city, ibat will net at leaat double the Inreatmeut ?early Ad
t ret* Word. Herald affiee, atallag time and p'aee of aa Interrlaw.
4Q AAA -A PARTWXR WANTBO, IN A WHOLR PeJ.lFlHF.
aale liquor and regar honee down Iowa. wllA
al<out the above amount? capital not an much aa o tret aa ta
fluenra and a go d haowtedg* >f the hmataem- and oaa nom
maadafalr trad* ta and out of lb* ottr. Ile?t of referaaea
given and required. Addreas B , boi 3 MT Herald i ill in.
4K Ann -A PARTY rOBTROU.tNO THF A ROTH
J'O.IfUUi amount, bad baring a general knowledge of
boat area, would like aa engagement Hae a raluasv WaaArrn
acquaintance, and nan prodne* undoubted lawtrwonlate.
Heqnlrea umloubtad aeeurlty. Addrtaa B, bo* ItH Herald (
< ?ee
?BABI AIP TOiAODa.
Owl barrbt, of amavjnr. havaha fanm
aegara. or a part of htW# eold, a* W, par huadmd.
fall for aempla. and Inquire about mark flaror, Ao , at tdB
Broome airear, op atalra
S BO ARB, BBOARB-tlOOD BRflARR AT THR t/JWRBT
tma.lkle prtera' .aa'antly on band. altklnda and atrlea
I tnadenp to orda ratal tvwUendtatroet rnrnar of Oreenwiah
alrret FEBDKRHI A. BOHBOBKB
SPOARA ' ARtJARB *?I BAVR ABOUT ORR HI7KDRR9
it- .and aa'iloaoll to pay adrarat 01 par hoi or
?Ot"r IPOf, alao OHt thouaand rary fine llt.anu. >1 PIN
par boa or ?14 par l.tWO. A oall makoa no ohllrtuon to pitr
rlraa. t, JAOOHl, wfBnadaay.
3nnn nnn or awoot <?r adfa of batana?
.UUU.UUU ilnmaMlo and Otrmaa aarara, for aala hp
lo'a to entt, a* prtoea full twenty par oant beta* the maahah
aah ? (It a none made on argara to aay amount.
0. OHBBKH. IT Broadway.
corporation ifuticrb. _
fTORFORATTOB ROTTCR - TUB OOWBTTTRB OH
? J Tama of the Board of Alderman, will mead on FrldaF.
lAth iart . at olio o'aloak. at It# ? titty Ball. All partlaa harIn*
hnatnraa before aald romaattirn. are her?br notified Up
apraar. TIJ' mp r K F H RHB. i t ommlltoo
n * TDORRB, I ?t
I .1 IIRADI.BT, ^ Tataa.
VTOTTfR -T1IB rORliTTTFF OB BTBBBTB OF TOPI
la Board of fYuaoOmnn will moot in Iha Otty library, roam
Fo. 12<#v IIhII ..nTb.iTa.lav .h-ITdilnet at I P M Par
tine lataraatrd tn Iha opening of Twp'fili atrart from Dry Dook
atmt to Um Baat rirrr are r eqi,a* edlo attend.
t A DORR, ) Dommtttao
.icitw T4I* rm*. J m.
J.ubu. aaitil,) Baretd

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