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Opening Day cf the Trial of Edward S. Stokrs tor the MnrdfP of Jorncs Fisk, Jr. A CHALLENGE TO THE JURY PANEL DENIED, Objection to Private Counsel to Aid the Prosecuting Officer Raised and Ruling Thereon Reserved by the Court. Swearing a Jury witli the Usual Success Only Two Secured at the Adjourn ment of the Court. FIRST DAY'S PROCEEDINGS. On Saturday, tho 6th day of January last, at twenty minutes to four o'clock la tho afternoon, the city : was electrified by the shootlug of James Flsk, Jr.? 1 popularly designated "tho Prince of Erie"? by Edward S. Stokes. This shooting, which has led , j after lnterminablo legal obstructions and delays, to I the opening of tho trial of Stokes yesterday for murder, took place in the hull and stairway leading to the ladies' parlor In the Urand Central Hotel, ending fatally in trio death or Flsk on the following morning. No similar occurrence had for years ; created a sensation equal to that which followed i Bpon the death of tho victim of this shooting. Few men had stood for some few years previous to bis taking off so prominently before the public as Colonel Flsk. In various ways? as tho great rail way magnate, the monetary potentate of Wall j Itreet, the dabbler In ojx?ra boitfe, the admiral of ! a fleet of magnificent steamers, the colonel of a I crack regiment, the liberal dispenser of great wealth? his name was in the mouths of ull men. ? HU eccentricities In private life were as varied as : his public pursuits and almost as notorious, and ! when tho news of his death got abroad It was the j all-absorbing theme of comment and conversation i throughout the city for many days. TUB PRISONS II STOKES was also pretty widely known, but principally through a long litigation with his victim, and i through the circumstances which led to that litiga tion, and In which the notorious Josle Mansfield played a prominent part. On the very day of tho 1 Bhootlng the parties had gone through one of tho phases of their legal conflict at the Vorkvllle I'ollee i Court. It was only a brief hour or two-after the ad- ! Journment of the case, uud w hile Stokes was taking souie refreshments at Delmonleo's, corner of Cham bers street, with his counsel and a couple or friends, that It was unfortunately intimated to him thut Flak had that day had him indicted l>y tho Grand Jury of the Court of Oyer and Terminer, In conjunc tion with Joslo Mansllold, for conspiracy to black mail Maddened by this ill-timed information, which, if true, would destroy all chances of success in his suit against Flak, he Immediately alter left j tho company of his counsel and friends, and pro- j ceeded forthwith In quest of Ills foe and rival, and soon after to be Ills victim. What followed is known ! to all. The shooting, premeditated and murder ous, or unpremeditated and In self-defence, has to be determined by the Jury that shall be empan elled to try tho case, and which it was the pre liminary work of yesterday's session to accomplish. Itesult at four o'clock, wlicn the Court adjourned, two jurors. FIRST IUY OP TUB TRIAL. After an unprecedented and successful interven tion of legal obstructions aud delays ou the part of tho defence? the trial having beau postponed from | 18th January, the ilrst day on which tho prisoner j was arraigned on the Indictment of the Grand I Jury? the trial of Edward S. Stokes for the murder of James Flak, Jr., has been postponed from time lo time, till peremptorily set down l>y Judge Ingraham for yesterday. It was, up to the last moment, how ever, very doubtful whether tho cuds of justice could be even so far subserved as the commence ment of the trial then. It was feared that Judge Ingraham, after his nine mouths' unremitting atten tion to duties inado more than ordluarily severo and harrasslng by the resignation of of Judge Car dozo and forcid absence of Judge Barnard, would be unable to enter upon a criminal trial of Bnch ini. portance as this. The learned Judge, however, anxious to meet the general demand of tho public? disgusted at the law's delays in warding off punish mout from the guilty, or entailing unmerited wrong upon an innocent man? nerved himself for the task aud yesterday the trial was proceeded with. OriXINO FROOKEDINOS. The hour flxed for opening the Court was half past ten. A full half hour before that time a nu merous statT of reporters were already assembled, securing their seats, which they so effectually did that but scant place was left among the audience within the bar for the later comers. Ten minutes oftor the opening of Court the prisoner Stokes, with the usual guard, was brought Into tho court room, through which he passed into the clerk's room, to await his produc tion to the Court, before which he was to stand a trial lor his life. He bore himself throughout the day with his usual nonchalance, smiling and talklug with a few friends near him during the proceedings. A few minutes beiore half-past ten the doors were opened and the rush Horn the outside for seats commenced. The court room was filled almost in stantly, the seats inside the bar, us well as outside, being all occuplcd. Among the occupants of the former were some half dozen ladies. From the police arrangements outside the room was, at no part ol the day, Inconveniently crowded. The aged father of the prisoner sat near him all the day. At half-past ten 10 the minute Ills Honor, JUDOE IN<;RADAAI, who will proslda at the trial, entered and took ids seat on the bench. Then quickly followed tho prLsouer, his guard, wlta Sheriff Arena in at tho head, prisoner's counsel and counsel for the prose cation, District Attorney Garvin leading. Tho Court ot Oyer and Terminer being opened by the ? 'iter with Hie usual formula, and Mr. Hparkcs, Clerk of the Court, having called tho panel of Jurors. District AUoruey Garvin tose aud moved the trial ol EDW AH J 3. STOKES FOll THE MCRDEB OF J V1IK8 HSK, JR., on the Oth day of January, 1872. CHALLKNUR TO TIIK AT.HAT. Mr. MoReon presented a challenge to the array, on the ground that tho Commissioner hud not properly prepared the general Jury list, anil that the drawing and summoning of tho panel had not been properly made. The Distilct Attorney demurred to the challenge, and Mr. McKeon Joined Issue on the demurrer, I and, meanwhile, sent for some books. Mr. McKeon argued that, under the Revised stat utes, the law for drawing Juroi s was the same In the city and courtv, but that in 1*47 a law was passed providing especially for the jury list in New York city. In 1">70 another law was passed, which was Intended, no doubt, us a substitute for the act of 1847, but was, by its wording, merely an addition to It. This act provided lor the making up of books of Jurors each May. the arrangement of their names alphabetically, and the glvmu 0r the ward, place of i business, homo and occupation of each. In his chal lenge he had negatived this in tho words ol the statute. It provided that a certified copy of this list should be filed with the County Clerk, and that the County Clerk should prepare the ballots from such list and place them in the box. They denied that tins had been done. I In examining this list ho had found very few owls sions, he must confess ; but there were omissions, and theso wero violations of law. Ho had a so found on the panel something else? the name of the brother of one of the counsel sitting beside the Distric t Attorney, who had been sitting within tho bar, apparently d< slrous of going ou the Jury. Mr. Beach asked ior his name. Mr. McKeon? Mr. Benjamin Fullerton. Mr. Garvin? We aie willing to excuse him. Mr. McKeou said this was not enough. Cotin"el bad heard his name called twice without objecting, apparently unaware of the indelicacy of the matter. 1 it looked as U there was a p irpose of vcngeaucc on the part of Judge ingraham checked Mr. McKeon, saylntr that he thought, tiieso personal nllualons to counsel 1 whould be avoided, as U : hoped they would be here after. Mr. McKeon said he should not make such allti Mons except where he thought Ids duty to his client required it, and he trusted that he should then bo able to couch his lauguage in a lorm suitable to the Court. Mr. Oarvin, In support of his demurrer, argued that the provisions of the statute were merely dl- i rectory, and that when a proper panel had been drawn Uie omission of any of the incidents pre- ! sen ted for the mode of drawing would not invall- 1 date the panel, lie cited in support of this largely from the Frlery case, in which this question was thoroughly discussed. During the argument ex Judge Comstock took his flcat beside Judge Ingraham. Tiio District Attorney asserted that unless these i O^orts to obtain delay *y merely technical objec tions of this character were ove rruled liie execu tion of UiHi ton would bo Impossible. Air. McKeon, In reply, said tliat If the well-paid officers or the county would properly supervise tliln matter these Irregularities would not occur. In the Fiiery case the court passed ou the question by a bar? majority. He In u tod that tho law should bo strictly followed, bo that they might, have a propor Jll'.Y. Judgo Ingraham hold that tho provisions of the act as to the preparation of the list wore merely directory, and therefore tho challenge to the array on the first point was not sustained. The second point did not go iar enough. It merely averred that the ballots were prepared by the Commissioner of Jurors. The County Clerk was not bo'ind to wrlto out the ballots with his own hand. Had the chal lenge said they wore placed In tho box b> the Com missioner there might have been a question. The demurrer was sustained and the challenge over ruled. OriAI^LHNfllNO JDROB9. Mr. Markvrald was the first man called. Mr. Mo Keon at once said:? "I challenge him fur principal cause, forliuving formed and express,*! an opinion. What does tho District Attorney do about it c" The Court? 1 suppose he will try It. Mr. MoKcon? Then I demand triers. Mr. flarvin ? On principal cause? Mr. McKeon argued that he was entitled to triers even on a challenge to principal cause; but tho Court hold that such challenge must be tried by tho Court. Au exception was taken. As Judge Ingraham know that the man was op posed to capital punishment ho was allowed to Btand aside. John Kuchman was next called, and was chal lenge'! on the same ground. He had spoken about the ease and expressed an opinion; he had no con scientious scruples ugaiust capital punishment. His opinion was based on what he had read in the newspapers, and ho had talked about the matter casually. q. Could yon find your verdict on tho evidence ntid that alone v Mr. McKeon? We object to thla question on tho ground that It cannot be put on a challenge to prin cipal cause. A. Vc?. Q. Would tho opinion you -have formed or the Im pression you Have bias you in forming your verdict either way f Mr. McKeon renewod his objection. A. No, sir. He bad no business relations with Stokes. To Mr. McKeon? He did not to his knowledge know anyone connected with the Erlo Railroul; lie believed that a -murder was committed, and that a groat wrong was done; he had a feeling that tho man who did It? OBJECTION TO PRITATB OOFN8KL. Mr. Beach here raised an objection to one of Mr. McKeon'* questions, whon Mr. McKeon said ho might as well now present his objection to tho presence of private counsel. He would first auk whether they had been authorised to act by the Attorney-Ueneral. ne assorted that tho wholo ense was trusted by the Revised Statutes to tho discretion of tho District Attorney; that In a case iu Massachusetts whore Mr. Webster had boon autho rized to act by the Attorney General, he had only been permitted to act on account of that authoriza tion. District Attorney Garvin replied. He said this was the most extraordinary proposition ho had ever heard. He did not know any reason why counsel should not appear for tho prosecution or defeuoo in any way. And If the counsel referred to, sitting beside tho District Attorney, should sug gest to him any points called up iu the ease worthy of consideration from the Court, as no doubt he will, the District Attorney has the right to reject or adopt, as he may deem tit. Ill a long and tedious trial, as this will probably bo, it would be Impossi ble tor the District Attorney to conduct tho case without the aid of other counsel. This has been so from time Immemorial, mid this was the first time he had ever hoard such an objection raised. Tho 1 I unties or a District Attorney are of sncM a charac I ter us to rentier It. necessary to employ aid, Him . nnless this can t>e done public Justice must Tali of I being eitlcleiitly aclniinistored In tills groat city. The high character of the gentleman fit his sltlo should be warrant to authorize tho Court to say that there could be no objection In his making sncli Suggestions to the District Attorney us lie might dee in proper. . . . ? Mr. McKeon having procured tho report of the Massachusetts case, read from It tlie decision of the Judges, which lay stress on the fact that Mr. Web ster was brought in by tho Attorney Genoral, ami was acting without fee. He argued that this was very different from tho Introduction of prlvato counsel, feed by a prlvato prosecution. If the Dis trict Attorney had not the ability, or with several assistants, not the power to prepare the case, then the people should know it. tie knew tho blood hound pertinacity with which they were pursuing the prisoner, and he would not permit I his spectacle ol private counsel, hired to pursue his client, with out a protest. (Applause.) The Court said, for the present private eonnscl would be dispensed with, and he would decide tue question to-niorrow. The court thcu examined the Juror, who said the i impression on his mind would not require evidence to remove them. The Court did not sustain tho challenge, and the defence challenged peremptorily. Albert Elsberg liad read about tlie case, but had I neither formed nor expressed an opinion. Mr. | Townsend challenged to the favor, and Edward I Patterson and Mr. Nlles were named as triers. Mr. Townsend then submitted a challenge to the trials, although he admitted that tho right had never been admitted. The Court overruled the challenge. Mr. Townsend then exuuiined the juror on the challenge to the favor. The Juror did not know Hsk, Gould or Tweed; he had talked with no one about being on tue Jury, except his own family; his 1 readmg of the papers made no Impression on lils mlud: there wero so manv I such things In the papers that ho took ! no interest la them; he remembered that Hsk was >ald to have been ktllort by Stoke*; It m&<lc no ! impression on him a.* to Stoken' guilt or innoceuce ; lie did not remember where tho thing was said to | have occurred, but ho thought it was on tho stairs; i he didn't remember there was a coroner's jury; lie ' had the impression that If Stokes had done this ho was a murderer: he did not think he was biased or l prejudiced; his business is a commercial agcnc.y; i lie is connected with the Merchants' Co-operative : Bureau; Is a Prussian, but has been in the country since PUS and continuously since 18?>4. I To the District Attoruey?1 never saw the prisoner till I saw him here. To Mr. Nlles? I consider killing a crime; I con sider if he killed htm withont provocation he com mitted a crime; I have no knowledge as to whether i he had provocation or not.. The triers found the challenge not sustained, but the defence challenged peremptorily. TI1K FIK8T Jt.HOK OBTA1NKD. Meyer Iloiubergor was next called. His address was No. 313 Broadway, on Mr. Townse.id's list, while his real address was No. 383. Mr. Townsend objected, but a reference to the original list showed i that on it the address was correct. Mr. Homborger I had talked about the matter. From what he had read he had formed au impression and expressed it i to a neighbor. o. What did you say* i Mr. Garvin objected, but Mr. Townsend asserted that under the new law tills must be admitted. The I court excluded the question. ! The Juror hud read the story of the killing In tlie I papers and had talked about It with a neighbor; it was an impression ho had formed, not an opinion; lie could hardly form an opinion without hearing I both sides; lie had not formed uuy opluion as to I Stokes' guilt or innocence. i To the District Attorney? I have no conscientious 1 ; scruples against punishment by death. He was then challenged to the fa', or. To Mr. Townsend? I de'i t know Tweed nor Gould, ! nor any of the Morse family, nor Mr. Scliemmel; it j was a surprising homicide to me; I did not read | ! the account very carefully ; l den't renu mber read- ] ing about the Coroner's inquest; I read the Sun or i IIkkai.u and the Herman papers; I have talked In j I Court with other jurors about the mutter: don't i i remember the details given In the papers; I rcincm- | ! ber the shooting and that Is about all; 1 think it j was done with a pistol and on the steps at the ] ladies' entrance to tho hotel; I don't remember ) any other statement; I had an Impression about I the mutter, undoubtedly; nothing has occurred to | remove it; Iliad no 'impression as to Stokes guilt ; or Innocence; 1 heard that Stokes shot lilin and that Colonel risk died; I should want to hear the medical testimony to decide whether he killed him: I have an Impression that stokes shot him, uud It would require some evidence to remove It. To the District Attorney? I conhl sit on the jury | without bias; I have had no relations or business wli li Stokes or with his counsel. To Mr. Nlles? II Mokes' counsel should admit that stoke* slu>t Colonel Hsk and that Colonel Fisk died as a result be would be ready without any further j evidence to Unci him guilty of murder; lie did not understand that all killing was murder; he had no bias In his mind which would prevent his passing on the question whether the killing was justilieu 1 Vhe triers found the challenge not sustained, and the defence accepted him us the Uist juror at Uvo I minutes past one. 1 he Court then took a recess. After K?cea?. John A. Reed, sworn? Was a clerk In a wholesale ; 0r\ goods house; was West at the time I'lsk whs killed ; returned to New York on the 18th of Janu- : Hiy ; had conversed with various persons Hbont tho i shooting; had formed an opinion as to the guilt or ; Innocence of the prisoner; had formed it on what lie had seen in the papers; would try the case on ( the evidence alone, and believed he could return a verdict without any bias one way or the other; had | never had business relations with Fisk or Stokes; i when Fi^k was a pedler witness was elerk In a ; house where he used to luiv noods sometimes, and J so, perhaps, he had met Fisk at that tinio; would require evidence to remove the impression of the case which he now had. Challenge sustained by tli* Court. Cleveland Carroll, sworn- Mad read in the news papers abont the present < use. ami had formed an opinion as to the guilt or Innocence of the accused. ? hallenge sustained. David Urosnan, sworn? >> as in tlie stornpe busi ness ? read the newspapers at the time when I tsk was [ said to have been killed; bail formed an opinion as to the guilt or innoceuce of the accused and had it still. ( hallenge sustained. , . Lewis M. Slocum, sworn? Had lived In New York all his life; carefully read tho papers when Fl?k was killed, and had mimed and expressed an opinion as to the guilt or innocence of the prisoner. Challenge sustained. . _ Francis J. Donnelly, .worn-Read the papers at the time of the shooting of Fisk, and had formed a fixed opinion as to the guilt or Innocence of the ac 1 cused; that opinion would require evidence to le move; did not think he could nit on tha Jury and bo gove. ni'ii solely by the evidence. Challenge sustained. 81C00NB J intO II OUTAlNKn. Roderick Hogan. Bworn? Head thu newspapers at tho time or tho kilim-yr of JaiKsnn l-'isk, Jr., ami had formed an Impression ss to tho i;nllt or Innocence of Stokes; did not think that impression w.is strong enoiiRli to be called an opinion; had no bias lor or against lite accused. Tlio Juror was then sworn in the usual mannir, Stokes again rising in obedience to the Clerk of the Court and looking another ono of his Judges straight In the face. KUwnrd Kruger, sw orn? Was born In the city of New York; hud read something about the case In the newspapcro, but had not formed a decided opinion as to the guilt or Innocence of the accused ; had no coifclcatlouH scruples as to rendering a vor clict of guilty when the penalty would be death. The challenge bh to fttvor was held by the triers "not sustained," but the counsel for tho defence then peremptorily challenged the Juror, aud he was Bet aside. Jacob Davidson, sworn? nad formed au opinion as to the guilt or itinooence of accused. Challenge sustained by tho Court. Jacob l'opo, sworn? Had a fixed opinion as to the guilt or innocence of aacuscd. Challonge sustained By tho Court. Meyer Morctz, sworn? Had read very little about the shooting of Klsk and had not conversed about it with Ills neighbors; had not formed u fixed opinion ; did not know Mr. Pullerton, or Mr. Morgan, or Mr. lieach; had not had any conversations wllh them er with anybody representing them ; did not kuow Mr. Sisson. Challengo sustained by tho triers. James K. Reynolds, sworn? Did business at 16 Wall street; had a fixed opinion as to the guilt or inuocence of the accused. Challenge sustained. Simon Helder, sworn? Wss a dealer In shirts; re membered the killing of Mr. l'isk last January; had formed a fixed opinion about the case ; hardly auy evidence could remove that opinion. Challonge sustained. Sydney Davis, sworn? Read the papers In regard to the killing of Flsk, an<l had formed a fixed opin ion as to the gutlt or Innocence of the accused. Challenge sustained. Charles P. Heilly, sworn? Was In the ten business | had formed an opinion ubout the case ; no evidence would chango his mind. Challenge sustained. Mr. Townsend stated to the Court that the conn sel for the defence could not consent to any separa tion of the Jury. Some consultation followed between the counsel and tho Bench, alter which Mr. McKeon said that his impression was that separation of Jurors in such cases mattered very little: but his associates differed from 1dm. and lie therefore assented to the request made by his colleague. Ilie Court suggested that as but two Jurors were sworn as yet, an officer of the court should be de tailed to accompany them home and remain with them until the reassembling of the Court. Tho counsel accepted the proposition of Ills Honor, aud the Court then adjourned till thia morning. THE LOWDEN ABORTION CASE. Continuation of the Trial of Dr. Goorge B. Gyles Charged with Killing Mrs. Lowden by Pro ducing an Abortion? Statement of the Ac cased? Interesting Medical Testi mony? Snmmlng Up of Coun sel-Jndge Bedford to Charge the Jury This Morning. The court room of the General Sessions was filled to repletion yesterday by citizens anxious to listen to the Interesting trial now progressing there be fore City Judge Bedford? that of Dr. George R. Gyles for manslaughter In the second degree, In producing an abortion upon Mrs. Mary Ann Lowden. District Attorney Fellows said that he rested the case for the people, reserving the right to recall Miss Lowden when she came Into court to ask her a single question. Before Mr. Howe proceeded with his defence he asked the prosecution to concode that the deceased Mrs. Lowden wus a widow. Colonel Fellows replied that he believed inch was the fact, but ho would rather have It proved. Mr. Howe then proceeded In a brief and neat ad dress to open the case for the defence, stating that ho wonld prove the excellent character anil standing of Dr. Gyles, and that when called upon by the deceased to perform ati abortion he refused to do so. Dr. Kdwln II. Davis wax called to prove the genu ineness of the signatures of Dr. Parker Mid other physicians of the New York Medical College to the diploma received from that Institution by Dr. Gyles m 1851. District Attorney Fellows conceded that the ac cused was a regularly graduated physician and had received his diploma. TKSTIMONY OK OB. OYI.K3. George R. Gyles, sworn and examined:? I have had a large midwifery practice, and believe that In a practice of twenty-one years I must have brought thousands of children into the world; theso are originals (producing a bundle of papers) of the re turns made to tiio Board of Health, reaching to three a day sometimes; 1 flrst saw Mrs. Lowden on the 1st or 2d of May, about two weeks previous to hor death; she cauie Into my store, and turning to one of the large show windows, she said, "I see that you have medicines for neuralgia; I am troubled with that affection;" I asked her to be seated and I would endeavor to see whether she had neuralgia or not; she excused herself and said sho was in a linrry, but that If I would call round to-morrow to her house, 228 West Thompson street, I could then have more time and I could prescribe for her; the next day, when making my regular visits, I called at her house; the person answering at the door said, "Ma Is notlu;" 1 told her to tell Mrs. Lowden that Dr. Gyles, 112 Ninth as'enue, called, according to her re quest: she promised to do so and I wont away; a I lew moments altor. while unhitching my horse, uear by, the young lady came running arter me, ! saying, "Mother isTn now and wishes to see you:" | I went buck; Mrs. Lowden seemed a little excited. ! and alter becoming convinced she had neuralgia I prescribed neuralgic powders; she asked me my I fee; 1 said two dollars; she handed mo the money j and 1 went away; about two weeks alter sho I came into my store and said she thought her neu i ralgla was gone, hut said she was troubled with J pains about her hips and loins, saying that she had been told cupping or leeching would do her good ; I said, "I have not got any cupping Instrument;'' I said, "I have plenty of leeches, and would tie happy to apply them," and offered to do it in my ofllce; she said, "I would rather you would come and apply tin m in mv house to-morrow," which was Saturday : Me first day I went to fee her I went In a wagon, but on Monday, the lyth, l rode on horse back ; I left :li" horse two or three doors from Mrs. Low. leu's lions*' : i was shown Into the parlor, and in about, five or ten tnluutes Mrs, Low den came In; she was dressed as If nhe had been out walking; afterwards she asked me to go up st Urs, and 1 did so, bringing the leeeUes with me; l had to remind her a couple of times that I came to apply the leeches; she said she wauted to go outside Tor a moment; she left the door ajar, and 1 heard her talking In whispers to some person for ten minutes, and Jieard footsteps going down stairs, and Mi s. Lowden returned to the room; she had in her hand a large bottle, with apparently some sweet oil in it; she said, "Doctor, I think there is something the matter with me;" (the Doctor stated that lie proceeded to gay that he made an examination or Mrs. Lowden and was satisfied that she was enceinte); I asked her, continued t tie Doctor, If she was mar ried, and, in on excited manner she said, "Oh, Doctor! Tny husband is dead over six years;" I told her then her condition; she said, "Yes, doctor, I am (meaning she was enrvinte), and that was the trouble; that Is what 1 wanted vou to come heie for;'' sho wanted me to get her rid of it; asked her had she been doing anything or taking anything; she frankly admitted she had been hav ing something done ; I asked tier who did It ; sho re fused to tell me; I even asked her whether 11 was a uinu or woman aid it; she wan "mum" on Hut sub Ject, but she begged and prayed with aU the elo quence and fei vor that a woman could put into her mouth for me to g.:t her through with what sue had already commenced; I again assured her that I would not do so? would not have anything to do with It; she said she would do anything forme, give me anything in the world if I would get her clear oflt; she then told me she was respectably connected, and 1 think belonged to a Church or was acquainted with church members, and that it would ruin her reputation, that she would sooner die than have It Known? ill fact, she would kltl herself If 1 would tell it : she caught hold of one of my hands and he'd it in lioth of hers, and through her entreaties and the representations she made of her family, and tnat the discovery of her condition would drive her to suicldc, she prevailed upon me to promise I would not tell; in a moment of compassion for a fellow creature, a ladv of eloquence, I consented not to divulge it to any person; she then allowed nv to go ; at the time I left her there were no symp toms of impending dissolution. if. Then, Doctor, you tell this Jury, on your oath belore Almighty God, that you neither gave this woman any mediclno or drug or did anything at all to tnduco abortion 1 A. If I was going to my death in one moment, I never did anything or gave her anything to produce an abor I Hon; I made no vaginal examination ; I have been married fifteen years; have a boy of fourteen and another six years old, and live at 417 West Twenty i iiurd street; have been praetlslng twenty-one years; |, (,r any physician, could have stopped ; hemorrhage m tive minutes. Au*"s* Freeh was sworn, and beforo pro I ceeding wltU his exainluatlou he repaired, with other phyBlclana. to thu District; Attorney's office and examined t'M uterus, which l)r. Marsh pre served. When lie returned the o:tlcial steno grapher was requested to re.id Dr. Marsh's testi mony given on Tuesday, after wlilch Dr. Freeh said itifit the bemorrinot ?f tho wmbm, Mid. Lowden, wan not the result of the two lacerations which were Heen on tho uterus, but was occasioned hy tho detachment of tho after blrth. Those lacerations w?uld have produocd In flammation and might have caused death after >he hipno of threo or four daya, but the detachment ot tho placenta produced hemorrhage nud death. In hi* (Dr. Frooh's) opinion she died from hwmorrage, and that the detachment of that placenta had been existing previous to the infliction or those lacera tions. Ho had known Instances of women com mitting abortions upon themselves. The Doctor was ubly cross-examined by Mr. Pel lows, and he adhered to the opinion that lie did not think that the hemorrhage was tho result of any operation which had been attempted on that wo man three hours before her death. Dr. Lewis Tice was the next physician examined, lie said that tho lac erations which he saw on Uio uterus did not produce death; In his opinion hewlld not think that the separation of the plnoetita could have taken place In the space of two hours: nor that the woman died from any operation Indicted upon her during an hour and a naif. The Doetor paid he thought that the placental detachment, which ho had inspected, was evidently tho result of something which had been d?>ne prior. This witness was cross-examined at length by Mr. Fellows. Dr. Stndley, who examined tho uterus, said that ho could uot conceive of a person who might be so barbarous as to produce death In two hours bv producing an abortion under the circum stance# detailed In this case: tho lacera tions which ho saw could havo been inflicted by a knitting needle or a piece of whale bone ; ho had known of cases where women com mitted abortions upon themselves. and gavo in stances of physicians conv rsi::it with patients who presented no Indications of approacldnjr dissolu tion, and yet death took place a short time alter their leaving. Drs. Ross and Wilson and Rev. William 8. Michaels testified to the unexcoptlonably good character of Dr. flyles os a physician and as a Christian man. Mr. Mlchanls stated that the ac cused told him whenovor ho met poor people that needed medical aid to tell thom to call upou him and he would give it free of chargo. This closed tne testimony. Mr. Howe presented a number of legal objections to the Indictment, some of which His Honor inti mated he would rulo upon to-day, and thon lie (the counsel) proceeded to address the Jury. He mado a fervid and impressive appeal In behalf of Dr. QyleS, contending that the testimony clearly estab lished the innocence of his client. The suspicious circumstances surrounding him woro dispelled by medical testimony, and especially by the unblem ished reputation which he enjoyed In this commu nity for many .years. District Attorney Fellows followed In an eloqnent and apparently convincing argument, maintaining that the evidence showed that Mrs. Lowden died at the hands of Dr. (ivies. Ho dwelt emphatically upon the testimony or Captain r. vines, stated that the reason why Madame Restell was not brought to the bar of Justice was because there were only suspicious circumstances against her, and pictured In eloquent terms the fall of Dr. Webster from the nigh social sphere which he occupied In murdering Dr. I'arkman. In tho course of his speech the able prosecuting ofllcer alluded to the celebrated trials of Lookup Evans and Rosenzwelg, and contended that tho circumstantial testimony against tiiem was not stronger than that produced against the prisoner as the bar. The District Attorney did not ilulsh his spccch till Ave o'clock. Judge Bedford said to tho Jury:? At this late liour I do not deem It advisable to chargo you. Y'ou will be kind enough to bo here to-morrow, at eleven o'clock punctually, at which time I will charge you. Meanwhile I request you not to hold conver sation with any third pai tj or parties relative to this case. ALLEGED WIFE MURDER IN THIRTY -THIRD STREET. Verdict Against the Hwslrn n?l? Ho In (oi.i in it ted to tlie Tombs. Coroner llerrmau yesterday hold un Inquest In the case of Mrs. Mary Donlgan, lato of 612 West Thirty third street, who died on tlio 12tU Instant, as alleged from the effects of violence received at the hands of her husband, William Doulg.in, the night previous to her death. Dr. John Beach, who made a post-mortem exa mination on the body of deceased, testified that ho fouud a large bruise on the baclc of tlio head ; on examining the brain there was found on li an effu sion of blood, the result of violence. Dr. BeacU is of the opinion that it was abso lutely impossible for deceased, after receiving the Injuries, to have got on the bed without assistance of some one, ami circumstances poluted strongly towards the prisoner as tlie man who laid her down on the bed: prisoner Is a brutish looking fel low and bears a bad reputation, he having been arrested several times for beating his wife. Henry McClalu, M. I)., was the Jlrst witness called, and testiftod that about twelve o'clock oil Tuesday night, the 11th instant, ho was waited upon bv the prisoner, who said his wlfo was si?'k, but he did not know what was the matter; said she had been sick seven or eight hours; the witness found Mrs Donogin Insensible, with marks of violence about her arms and body; from what the witness saw he had suspicions of toul . play ; thought she was suffering from cerebral difficulty, she did not rally, and died the next morning; Donlgan used his influence with the priest, to whom he made written statements, to induce the witness to give a certificate of death, but he would not do so: did not sec deceased but once previous to her death. Mrs. Ann Conned, of 512 West Thirty-third street, testified that she was acquainted with deceased, who was a very respectable woman; on Friday evening, the llth tust.f saw deceased come home from her work; at that time the prisoner was lying in bed, and she said to Mm, 'this Is pretty business, and me out working;" he was Intoxicated; at half-past nine o clock the same evening the witness was told deceased was sick, and went down to see her; found her in bed, but Insensible, and she never spoke again ; the prisoner, who was there, said, If she gets better this time, thcro will never be my more trouble between us;" prisoner had been drunk in the cellar, and had come up after the witness came in; remalued with Mrs. Donlgan till she died, about eight o'clock the next morning; a doctor and the priest were called during the night before 8%homas Donlgan, a small boy, son of deceased, testified that about live o'clock on Tuesday e\jn inc he saw his mother come; she then seemed well; fifteen minutes later the witness, wno had been outside, entered the room, when he found his mother lying on the bed and thought she was sleeping; went out again, and at half-past seven o'clock was told by his elder brother that mother was vomiting and groaning; she did not speak, and thought she was sick ; she had been vomiting up blood ; about ten o clock shook and tried to wake her, but could not; some of the neighbors came in ; prisoner who was sitting out on the cellar st*ps, was asked by the witness If he had struck deceased, and ho said no; prisoner had been in the habit of beating deceased ; prisoner then came up stalls and said, "If she gels over this I will never strike her any more:" fatTier was lying in bed when mother came home In the uv ounig, aau she talked to him about not working. William Donlgan. the prisoner, was called an made a statement In his own behalf; he denied beating his wife on the morning she was found In sensible In her bod, and kuew nothing about her fliTheecase was then given to the Jury, who agreed on the following vnnniCT , . That Marv Donlgan came to her death from in iiirlcs to the brain, the result of violence to the liead inflicted as we believe, at the bands of her husband, William Donlgan. at 512 West Thirty-third mreet on the llth day of June, 187 Don'igan Is about ni'ty voars oi' i.ge born lnTi? i<i?ui nnd is a laborer. He dculed his guilt, as was oxpe'etcd, and Coroner Horrmau committed him to the Tombs for trial. MYSTERIOUS SHOOTING AFFAIR. The Vietlm In a D?ng?ron? Condition Several Pi won* Arrested. At an early hour yesterday morning Coronor Young was called out of bed for the purpose of tak ing the ante-mortem statement of John Orcen, a member of Hope Lodge, and a spotter 011 the Third Avenue Railroad, who was represented to be lying In a very dangerous condlilon from the effects of a Dlstol shot wound of the left breast, which lie had received a few hours previously. On reaching the hospital the Coroner called at the bedside of the sufferer, but Mr. Orcen declined making a statement, believing, as he did, that his life was In no Immediate danger. Orcen and a number of others had been drinking l*te at night Tn the lager beer saloon of Joseph Hchwob, south Unut civ ner of I'll tv second street and llilid ave nue and while there Hchwob and Charles H. Hrntth imd'a unarrcl during which, It Is alleged, the lattei threatened to tako/ohwoKs Hto. Ajfer rtoHnj t up J'Vtt ?.V ?, rS&S?. *??& ? ?..P n nnd Hni I in On reaching home ho dls skS i ? ttsrscr sssara ^rr.'VK. tssa Green, and made his escape. 0 rce n nT ff()m the n oe p?re in "?sKd oul his men, and s^n ^rwards cs ? but? this* iree r^poSltl vely 'de n les. Jim case Is In volved In mvstery. Mr. Oreen llvob In 8?coad ave nuo, ucar lift) Hurd streot. THE CGUETS. Goneral B a tier and the Steamer Nassau? Wrm gle Over City Advertising ? Bail Enfuned for Moore, the Emigrant Swindler? Im portant Presentment in the Gen eral Session*? Decision*. UNITED STATES CIRCUIT COURT Gonoral Butler mid th? 8t?smcr IVus ??u? A Tilt Between Coumtol and De fendant. Before Judge Shlpmnn. In the Tllden-Butler suit yesterday morning Cap tain I'll (Tor was recalled and cross-examined at con siderable length by counsel for plaintiff, but noth ing now was elk-Hod from him, except that ho had gone to New Oilcans as a newspaper correspond ent, and had been placed by General Butler on his Rtaff; he is now a clerk In the New York Custom House. John ft. ftntphen, called by General Butler, testi fied? I do business at No. 63 Whitehall street; I advanced tho money to purchase the Nassau when site was sold by the United States Marshal at this port, and I subsequently became two-thirds owner of hor: this was soino months before the Nassau wont to New Orleans; I was summoned as a wit ness 011 this case by tho plaintiff. At this stage of the proceedings tho Court suf fered ho much annoyance by the noise created by crowds of curious people coining Into tho court room, simply to gazo on General Butlor, filing through the back part of the room from an adjoin ing apartment and thenco into tho hallway, that an imperative order was given to have the nuisance abated, and an officer was placed at each door. Witness continued? I don't know who owned the other third of the Nassau; I think some half a do/en persons claimed ownership of that third; I seat the Nassau to New Orleans In charge of Mr. Van Wlckle, giving him a hill power of attorney to act for me; 1 directed Van Wicklo to deliver the vessel to Messrs. Buel A Wood, at New Orleans; Mr. Van Wlckle brought me back about $10,000, to reimburse me for the money I had advanced at tho Marshal's Bale, for which advancc I received as security a bill of sale of two-thirds of the Nassau. OENKltAL KtTLEU AND OPPOSING OOtTNSKn. Quito a scene occurred between General Butler and Mr. Doolittle, counselor plaintiff. General Butler was about to examfllr the bill of sale given by the Marshal to Mr. Sutpnen, in order to offer It In evidence, when Mr. Doollttlo desired to examine tho bill. General Butler declined to give him tills facility until the bill was formally offered In evi dence, and Mr. Doollttlo appealed to the Court, which decided that permission l>e given to Mr. Doo llttle to examine the Dill, evidently under the Impression that General Butlor had already formally offered the bill as evidence. The latter, under some excitement, remarked that it was the first time that a paper had thus unceremo niously been taken from hlui In Court wldle ho was examining it, preparatory to offering It iu evi dence. The Court, comprehending the situation, then ordered Mr. Doolittle to give up the bill and tako his seat, and he immediately obeyed. General Butler then took the bill, examined It und offered it In evideuce. Mr. Doolittle then examined It and took an exception. The witness, on his cross-examination, testified that Van Wlckle nad sent him word from New Or leans that a Mr. Hunnewell had furnished the mo ney which hail been sent to witness to reimburse him for his advances. Henry L. Sturges, who was Captain of tho Tort at New Orleans when General Butler commanded there, wa3 called by General Butler, and testified that the laitor had instructed him to re port to tho Cieneral the arrival at that port of any light-draft steamers, as ho (the General) wanted such steamers to fit out for tho Tcclio expedition: witness reported the ar rival of tlio Eh Lei la and the Nassau, and saw that the Nassau was put in readings to be transformed IB to a gunboat; she was found too weak for the service oi the expedition by a Hoard of Survey, and tlio Estella wan fitted out tn her stead. General Butler said that the object of tills testi mony was to show that the Nassau was taken for the government service, and not for his private nse; and that In taking her he did not arbitrarily fix a price, but had paid her value as ascertained by a Hoard ot Survey. The wltness^further testified that, so Air as ho know, Andrew J. Butler, brother of General Butler, did not have any Interest In or coutrolof the towlug business at New Orleans when General Butler was ia command there, and that he (witness) would have knowu the facts If such interest or control bod ex isted. Adjourned. SUPREME COURT-CHAMBERS. Another Legal Wrangle on Brick Point roy'd City Advertising. Before Judge Barrett. In re Mark Pomeroy vs. The Board of Audit, Ac.? There was another long discussion in this Court yes terday on the subject of Mark Pomeroy 's bill, amount ing to some $80,000, for city and county adver tising lu the Democrat. Unusual interest attaches to the case, as this Is brought forward as a test suit, there being somo eighty papers, whoso bills aggregate $;!, ooo,ooo, having similar claims again.it the city, for which tbey cannot get their pay. It will bo remembered that a mandamus was applied for by Mr. Pomeroy against the Board of Audit, and that Judge Barrett granted one, directing the Board "to audit and allow the claim In whole or in part, as to them mlglit seem Just." Some dissatis faction was expressed ut this, and the Judge set down yesterday for a vcargument of the case. The court room was densely crowded, very many being newspaper printers. Pretty much the same lino of argument was gone over as on the previous argu ment, which was published at considerable length in the IIkrjU.d. Mr. Lawrence reviewed at length the act of 1872 providing for the payment, of the claims of newspa pers for city and count v advertising. The legisla ture, he insisted, know perfectly well tho situation of olllces as to otllclal advertising in this city, and with this knowledge parsed the act in question, and with it made provision for the payment of the various claims that would bo presented under tho same. He denounced the attempt to get rid of payment of these claims upon mere technical ob jections. The Claims were legal; the work had been fairly done, and payment was Justly due. As to Mr. Pomeroy, he insisted that his paper was duly ap pointed under the act of 1<W a Corporation news paper; that this appointment was never revoked, and that the same was, therefore, continuous. The Board of Audit was required to audit their claims within thirty days, but In this regard had totally disregarded the directions of tho Legislature. Mr. Strahan, on behalf of the Board of Audit, said there were claims of about $2,000,000 presented against the city and county for city and county advertising. In tho present case he insisted that the publication of tho proceedings of the County Canvassers, of election notices, of the advertising of tho Central Park Commissioners and various other advertise ments? tho bills for the samo aggregating a largo sum? were wjthout any authority whatever, and that Mr. Pomeroy, in his affidavit, lays no claim to ever having recelvod any such authority. Setting aside these unauthorized charges, and the sum that really should be paid amounted to but little. Mr. O'Oormnn said he did not believe that any of the papers whose bills were now presented for pay ment were appointed Corporation papers under tlio act of 1870. Tuls law limited the number of papers to seven dally and seven weekly, and under tills law he insisted that no previous appointments were continued beyond this time. Judge Barrett suggested that some of the news paper proprietors, not having had their appoint ments as Corporation papers revoked, no doubt considered them continuous, and by continuing their advertising did so in good faith. This sum, therefore, might, be an equitable, though not strictly legal claim, against the city. He threw this out simply as a suggestion, and not as an oplulon of tlio Court. Alter some further remarks the Court took tho papers, reserving its decision. Ball Ucfnied for Moore, the Convicted Emigrant Swindler. In re Charles Moore.? Applicution was mado to discharge Mooro on ball. It will be remembered that he was some time since convicted In the Court j of General Sessions of emigrant swindling, and 1 that a motion for a new trial Is pending on writs of j error and certiorari. It was urged that his health Is being seriously impaired by ills protracted im- ! prisonment In tho Tombs. The Judge refused to grant the application, and Moore was remanded to the City Prison. Decisions. In the matter of the petition of Reuben Langdon, Ac.? Report confirmed and judgment of dissolution granted. Mary llinnell vs. Christian Blnnell.? Referred back to take further proof, Ac. See memorandum. Meyer vs. The Plttston nml Elmore Coal Compa ny.? Motion for a reference duufod. Scott et al. vs. Juuies Prater et al.? Motion granted. Wakeman vs. Balling et al.? Extra allowance of $ 1 jo grautcd. SUPERIOR COURT-SPECIAL TERM. Decision*. By Judge Kreedman. Marv Miller vs. iicniy Phlefer Motion granted, with $10 costs. Hosea lilrdsall vs. Orlando P. Dorm an et al.? See memorandum on papers. Samuel it. Dimmer vs. Bird F. nitcbcock.? Same. Joseph L. Lord et al. vs. Autlionv B. Trustln.? Samo. Cornelia Anstln vs. David H. Goodrich.? Same. A. Bangs et M. vs. the Savannah aud Memphis Rat l road Com pa n v. ?same. >v'ti!iam Krekeler vs. Adam Rltter.? Same. In the matter ot Louis A. Depau ? Same. Seth W. llale vs. tlio Europa Natloual Bank.? Order granted. COURT OF ceNJM PmS-SPECIAl TCRI3L Oe?^oiMi By Judge f^ew. wvnkoop v?. Coll mem?.<?udum foi counsel, Soluodor vh. "Murphy. same. COURT Of GENERAL" SESSIONS. Ulsihurge of the Grand Jury S'niteni. tuent Abnat Brg??r?, Before G'Ky Judge Uedfotf. Tlie flrantl Jury came into court at uoon yester day, and when the foreman bunded a Watch or >u dlctiucntH to the Clerk he stated that ihej haul finished their business. Judge Bedford 8ald: ? Mil. PORKMAN ANI? (iKNTLRMKN OF TflB Qha.NO Juitv? I learn that you have completed yonr labors for the t'-rm, having passed upon ovor 130 o&hm. You are now discharged from further attendance with the thanks of the Court. I hold In my tun da a communication received rrom your body through your lurt niiin, It to be presented to the Chief of Police, and It shall be forwarded forth with. The following li a oopy of the presentment:? * PRFSKNTMKNT OP INTPJIKST? TO BKfldARS. The Grand Jury have finished tlielr laHois for the June term, on handing into Conrt the last baton of Indletmeuta they also made the following pre sentment:? i aral,d Jurors, before finishing ?beir labors, would ,Mt*l V, ir?uirt? tl he Court, to call tho attention of tha GhW 2... Increasing number of beggars, and n*>r? I? r A A yJ? of deformity which are now ? ,'i, ' In our public streets to the gaze of every pwMf by. rhe exhibition of disgusting deformities ami malfor mation* to exolUs i sympathy tiiis jury commit- r.i a erawini evil, and olio that ought to be taipi>resj?c|. The jury would also cull tlie nttrii i hi ol the Court to the great IncreaM of enine, canard, as thoy believe, liy the violation of th? Excise law, in keeping open plaeca for tho aaU: of wlaea ami liquor* ou Sunday. HITOH AUUUIN'CLOHS, Foreman* Kiianci.h Ejtdicott, Secretary. Judge Bedford discharged them, with thanks for their labors, and said ho would forward tho pre sentmeut forthwith to tho Chief of Polloe. COURT CALEWOARS? THIS DAY. RirrBKMK Court? CiBOtJiT? Part 1? Held by Judge Van Brunt.? Nos. 1591, 1763, 3067, 1751, 2086, 204\ 723, lrtJl, 2003, Part 2? Held by Judge Brady.? Noe. 770, 568, 060, 070, 720. 700*, 800, 270*, 634. Sut'RMMR Court? Ciiamubrs? Held by Judge Bar rett.? Nos. 82, 48, 61, 6H, 53, 69, 04*, 70, 71, 72*, 7\ 74, 86, 87, 91, 93, ?6. Call 104. Superior Coort? Trial Tkrm? Part 2? Hold b? Judge Barbour.? Nos. 204, 124, 978, 1518, 880, 28, Zti, 058, 1060, 1080, 1200, 1222, 328, 1226, 112, Court of Common Plkas? ' Trial Term? Part 1? field by Judge Loew. ? Cane ou. Part 2? lleld by Judge J. F. Daly.? Nos. 099, 12075, 1494, 1659, 24^ 106-1, 1662, 1517, 932, lftftl, 709. MtuiNK Court? Trial Tkrm? Part 1? Held by Judge Tracy.? Nos. 0004, 8870, 9101, 9947, 8690, 8123; 8689, 8783. 8853, 8878, h897, 8929, 8956, 0861, 9802, 9836. Part 2? Held by Judge Spauldlng.? Nos. 9159, 92*. 0504, 0162, 8229, 10027, 0061, 0180, 0150, 0930, 8901, 8750, 0245, 8917, 0200, 0022, 0160. BROOKLYN COURT CALEHDAB. Sjtpremb Court? Circuit.? Nos. 130, 22, 14, 98. 108, 139, 140, 141, 67, 49, 122, 165, 74, 134, 176, 183, 186, 188. 7, 52, 75, K5, 108, 121. City Court.? Nos. 4, 230, ion, 161, 251, 112, 147, 76w 98, 110, 138, 197, 199, 200, 334, 136, 193, 280, 5, 203, 267, 261, 202 to 269, Inclusive. THE JUMEL EJECTMENT SUIT. Preparations fop (he Retrial? Now Tes timony. The case of George Washington Bowen against Nelson Chase, recently tried In the United States Circuit Court, in which the Jury disagreed, will uoon come on for a retrial, and now evidence of a very Interesting character has been taken, in tho form of depositions to be introduced. Tho following Is a part of the new testimony, the witnesses having been examined on behalf of plalntiif, aud cross-ex amined by Mr. Charles O'Conor:? nenry Nodlne testified? I life in Twonty-fourth street ; am seventy-six years old ; was born at Port Washington, near the Jumel place, and know Stephen Jumel; he camo to 11 vo in the neighborhood a year or two previous to the war of 1812; I worked for him, and ho told us how he came to this conntry; he said ho worked for a geutleraan who cheated him out of all his wages; then ho went to work for another, who, when he was about to fall, put his property Into his (Juniors) hands, which ho took and came to this country ; he said that he brought moro boxes of dollars than his com crib would hold ; he set up a barber shop in Cherry street, then went into the wine business, anil afterwards into the shipping business; then he bought the propert / at Fort Washington; all this wns said to me, to my brother and to my wife's grandfather; I never saw him alter lie went to France; I knew Eliza B. Jumel, Jumel'swlfe; they went to Fiance together, but I do not remember the year: I heard Jumel toll my wife's grandfather that he had given Mrs. Jumel a deed for forty acres to get her to go to Franco with him. I knew William Jones, a shoemaker, who lived In the red house which Jumel owned; I heard lime. Jumel tell my grandmother that she (Mrue. Jumel) and Mrs. Jones were stepsisters; Mis. Jones' father had married Mmo. Jumcl's mother; Mrs. Jones alao spoke of this relationship; I did not discover any resemblance between her and Mmo. Jumel; at that time I think Mrs. Jones had fonr children, the youngest of which, I believe, was a boy ; I never knew tlio preseut William Jones; Mine. Jumel had been back four or Ave years before I went out of the neighborhood; I did not think that Jumel and his wire lived together peaceably; 1 saw her with a pistol many a time chasing him out of the house: Jumel was friendly and sociable with everybody: I cannot say what drink he used to indulge in; 1 do do not know either the plaintiff or defendant In this suit. Cross-examined by Mr. O'Conor:? My father wan one of General Washington's guards; his name was Andrew; I remomber that when the war of 1811 broke out we had to stand a draft; wo drew lota to see whether we would have to go or not; I went In the place of my eldest brother, who was drafted and who had a family; I served three months at Ilarlem Heights, under Captain Smith : I got my regular discharge from Colonel Bogardus; It waa burned up long ago; the drafting took place at the stage houso In Manhattanville ; a colonel and cap tain sat sat there with a box containing ticket*. Into which we put our hands and drew. [The wit ness was here cross-examined at great length con cerning his youth, family and relations.] I knew the adopted daughter of Madame Jumel; we called her Mary Jones ; I do not know whether she went to Franco with Madame Jumel, but I never saw her after Madame Jumel went away to go to France; I heard Jumel and his wife talk about their marriage once when I was in their house. The examination was then adjourned. A DESPERATE THIEF. He Robs His Employer and Attempts to Murder Three Men? One of Them Shot In the Mouth? The Thief Shoots Himself. For the past three months Daniel Flanlgan has had in his employ at his store, 601 Eighth avenue, a porter named aeorge Kegele, a young man whoso outward appearance and conutenance are not at all pleasing. Since Kegele has been in his employ a large amount of goods have been missed, consist ing principally of silks. Suspicion fell upon tho porter, and tho clerks In Mr. Flannlgan's employ were Instructed to keep a watch on his movements. Yesterday morning James O'Shaughnessy. a clerk In tho store, it is alleged, saw Kegele golug Into the cellar with a large bundle under his arm. The clerk followed him, and upon being discovered by Kegele the latter dropped the bundle and. drawing a seven-barrelled revolver from his pocket, fired one shot at him, the ball, fortunately, doing no further damage than ripping open a hole in the plastering on tho wall. Alter firing the shot the would-be murderer rah up stairs into the body of the store and made for tho door. Mr. Flanlgan, who happened to be in at the time, hearing the fir ing and observing Kegele making for the door, fol lowed after him. Kegele ran down Thirty-eighth street towards Ninth avenu<\ and discharged four or five shots at Mr. Flanlgan, who was but a short distance behind him, not one of which took effect on the person of Flanlgan. At tlio corner of Thirty-eighth street and Ninth avi nuo, a laboring man named Philip l-oeflle, of 2?? West Thirty-sixth street, saw the parlies approach ing, and hearing the shooting and cries or "Stop thief," attempted to capture Kegele, but was rewaidod by having tho pistol placed In Tront of his faee and discharged, the ball entering LoeMe's mouth and passing out through his cheek. J.oetne. not relishing this kind of treatment declined to further tntenore in tho matter, and the rutllan ran In rront of ?39 West Thirty-ninth street, where he found the coal hole open, and Jumping through It concealed himself In tho collar. OfTloor Osborue, of the Twentieth precinct, being Informed of tho exploits of Kegele, entered the cellar and found the desperado crouched down In one corner, bleeding profusely from a wound In tho thigh. When Interrogated as to how he had re ceived his wound ; ho stated he was In the act ot putting tho revolver in his pocket when it went off, the ball entering his thigh, lie was removed to tha st ation house and attended by Dr. Armstrong, who, after probing about an hour, succeeded In ex tracting the ball. lie was arraigned before Justine Cox, at the JeMrson Market Police Court, yester day afternoon, when a complaint of grand larceny, charging him with stealing the silk, which Is valued at $4.i, was preferred against him: also a complain* of felonious assault and battery, lie ploaptd guilty to tho charges, and wan committed without ball to appear for tilal. Mr. Robert Bell nilllard, of No. 1 Warren street, was robbed of a cheok for $loo yesterday afternoon, while passing through Church street, and Mr. wtu ham 0. Yorko wad arrested for presenting said check to the paying teller of tho National Trust Company lor payment. Judge Uogiu locked York* up for trial.