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THE COURTS THE JUMEL ESTATE LITIGATION. Hie Great Cause Celebre Reopened? The Suit of Bowen Against Chase Swearing of a Special Jury Opening Statement of Coun sel for the Plaintiff. THE PHEIPS-BODGE-HELSON CASE. Illegcd Burglarious Entry of Phelps, Dodpc ft t'o.'s Office-?A Rival Iron Merchant Indicted and Tut Upon Trial?How the Business "Secret*" of the Firm Were Obtained?In teresting Developments. - THE QUINN-STAMFORD HOMICIDE History of the Case- Testimony of the Principal "Witnesses--The Defence? The Verdict and Sentence-Fif teen Years in the State Prison. MORE MANDAMUSES AGAINST THE CITY. The Comptroller and the Boards of Audit and Apportionment Man damused?The Cause of Action? The Opinion of the Court. THE WALIKILL BANK DEFALCATION. What Are Bankiug Dummies?Tweed's Checks Paid Out by the Accused Testimony for the Prosecution - The Case Adjourned for a Week. BUSINESS IN THE OTHER COURTS. Summaries?The King-O'Neil Shooting Case? The Thomas Farrer Homicide?Conviction! and Sentences in the Conrt of Oyer and Terminer?Legal Responsibilities '/ of Married Women?Decisions. Ib the Court of Oyer and Terminer yesterday, Judge Ingraham presiding, Arthur tjuinn, indicted for the murder of Martin Stamford, by stabbing him with a knife, on the I8tb ot August last, was Sound guilty of murder In the second degree and was sentenced to the State Prison at bard labor for fifteen years. In the case of Patrick Levy, charged with the murder of his wire, Mary Levy, the trial was post poned, at the suggestion of the District Attorney, in order that an examination may he had as to the state of the prisoner's mind, that offlccr being of opinion that Levy wan insano at the time of the commission of the otrcnce. Other criminal cases were disposed of at Oyer Hid Terminer, which will be found briefly repoi ted in another column. The case ol the people against Abram Nelson, an Iron merchant, charged with burglariously enter ing the olllce of Phelps, Dodge A Co., was yesterday on trial In the General Sessions. The circum stances attending the first discovery of the alleged offence created considerable interest at the time in business circles, inasmuch as the object was sup posed to be to obtain the business secrets of the firm of Phelps, Dodge A Co., and to enable the firm In which Nelson was a partner to take advantage Of the same in their business. The trial, which will t>e resumed tnis morning, will be found reported below. More mandamuses are the order of the day. Jndge Barrett, sitting in Supreme Court, Cham bers, yesterday granted two?one against the Comptroller directing payment to Michael Clune, one of the Supreme Court officers, of a month's salary, and the other asalnst the Hoard of Audit and Apportionment, directing it to audit and allow the claim of the Official Railway News lor $s4,uoo lor city and county advertising. Two of our uewly-elected Judges were yesterday sworn Into office by Chief Justice Ingraham, or the Supreme Court?Hooper C. Van Vorst, the newly elected Judge of the superior Court, and ex-Judge Sutherland, the City Judge elect. Judge Van Vorst entered on his duties yesterday, pursuant to the appointment of Governor Hoffman, assigning him to fill the vacancy for the residue of the year caused by the death of Judge McCunn. Judge Sutherland will not, of course, enter upon the dis cbarge of Ms judicial duties until alter the 1st of January. A verdict for f.1,749 12 was yesterday rendered In the Court of Common Pleas, before Judge J. F. Daly, against Mme. Demore?t. She became surety for her husband for rent, which, not being paid, the present suit was brought, resulting in the ver dict stated. In the United states Commissioners' Court yes. terday, before Commissioner Osborn, the exami nation of witnesses was commenced In the case of ex-Senator William M. Graham, who Is charged with having embezzled $100,000 from the Wallkill National Bank, of Middletown, N. Y? of which he bad been president. Some Testimony navl ng been given the further hearing ol the case was ad journed for a week. The case of George Washington fiowen vs. Nelson Chase was commenced in the Cnlfed States Circuit Court yesterday berore Judge Shipman and a spe cial Jury. The suit is brought on an action of ejectment t>y the plaintiff to recover from the de fendant a large tract of land situated at Fort Washington. Bowen alleges that be is the ille gitimate son of the late Madame Jumel, and that, under the law of the State of New York, passed in 1866, he is entitled to inherit this prop erty. The defendant denies the claim of the plain tin. After the jury had been sworn and the open ing statement made for the plaintiff the Court ad Journed till this morning. Olln Christiansen, Charles Petersen and William Radvisch, who had been arrested on Saturday as deserters from the American vessel Harry Lan dells, were discharged from custody yesterday by Commissioner Shields, as they have consented to retarn to the ship. George Koppn and Charles Peterson, who had been sentenced each to pay a fine of |60, or Im prisonment (Or six months, for violating the ship ping law by boarding a vessel without the pcrmis mission of the master beiore she had arrived at lier place of fiual destination In the harbor of New York, were discharged yesterday, having paid the One. THE JUMEL PROPERTY CASE. Th# Salt of Bowen vs. ClmiA?Sw? arlng of the Jary?OptBln|( gtatrmtnt for the Plain tlfF?Two Irlih Members of the English Parliament as Spectator* In Conrt. Yesterday the case of George Washington Bowen vs. Nelson Chase was commenced in the United ?tate> Circuit court before Judge btuvnittu and a ?jwfjal Jury, it tt unnecessary to eay that this case has been tried two or three times, the jury each time falling to arrive at a verdict. The suit is brought by the plaiutift, as the alleged illegiti mate son of the late Madame Jumei, on an action ol ejectment to recover from the defendant a large tract of property situate in the neighborhood of fort Washington, the vulne oi which has been vari ously estimated at sums ranging iroin one million to rour millions of dollars. 1 he court room was pretty much crowded, but those who were present con sis ted, for the greater part, ol the jurors summoned, the lawyers on both sides, the witnesses, the officials of the Court and the representatives of the public journals. Among the spectators were The O'Conor Dob, M. P., member of the British Parliament for the county of Roscommon, Ireland, and his brother, Denis M. O'Conor, member of the British Par liament for the county siigo, Ireland. The O'Conor Don is the head of the O'Conor lamily and is re lated to Mr. Charles O'Couor, the distinguished lawyer. Mr. Charles O'Conor and Mr. J. C. Carter ap peared as counsel for the defendant, and Mr. Hoar, of Massachusetts, ex-Attorney General of the United States; General Chatfleld and Mr. Chauncey Shailer are counsel for the plaintiir. J he names of the jurors having been called twice and seventeen or eighteen having answered, the Judge said that Mr. J. w. Ilartman, one of those summoned, was confined to his house sick. He was, therefore, excused. Two or three irentle men wanted to be excused, bnt he would not ex cuse them until the jury was drawn; they had ofJ,"rors w''hout them. One juror was ab " 'n aV? .K?" {Addressing counsel at both men v * ready to empanel the jury gentle ?r^C[mV!?,(,rThe 8tatute ""J" ",at wc &re to prooecd with the jurors who appear. _ . . . BWKAKINU THE JURY. The first juror called to the book was John E. Rlston. In reply to Mr. Chatfleld he said he had loimcd no opinion <?n the case; he read In the newspaper^ very little about it; lie remembered ? '',e htt<l rea<' in t,le pap^fs about the last trial; he had not employed any of tiie gentle men who appeared in this case as counhel, and he had no interest in the Mutual Life Insurance Coin aRen'le,nau spoke to him to make inquiries as to whether he had ever employed auy of the counsel in this case, but he did not know who that gentleman was. Mr. Kiston was sworn. 1"wma8 Denny, Jr., ou being called said, In reply to counsel, that he had read about the case; lie had formed an opiuiou on it that would take evi dence to remove. 'Conor said there was a good deal of trouble about the matter. He never understood this thing of forming an opinion from reading a remark in the newspapers would be reason for excluding the "decidedoplnion.J u ror llttd fomuU aud expressed a Witness, in reply to Mr. O'Conor, said he had 011 a?,mr.U?. occasions expressed a decided opinion aside Ca8e" JU1?r Wua orUereU 10 stand ?oJ(ll!n 4h?.nbroth, another juror, was called. He sani he had read about the case wlien it was tried He had not read enough about it to form an opin ion. He haiHieen approached by some person to MunBpI1 nnCS 11 'h ,laU ''"J1 liny rela,l' n with the counsel on either side. Ho was not a stockholder in the Mutual Lite In surance Company. He was insured in if he once had a loan in that company, but paid it oil' he HnI(J u,at he did not | Ue,|Plle?on w,1? tame f0 ??im to make the in- j quirks, lhat person mentioned Mr. (('Conor s name and the name also of Mr. Chatlicld He Itie JrVro^wftsBwort, '"U' *'?? 'Win. aSSfiSS^n?5? * ?s s either side in this case at auy time. Sworn. Henry Bowers had formed no opinion on the case Ohe way or other and had never employed any of the counsel on either side. Was not approached i?v was sworn. t0 th* mt'rit8 01 thlB case- The juror John Romer had read of the case; had exuressed a8lh1f^?'tT,1 as to Nelson Chase. HeTouTht he had on opinion that would require evidence to T!!?\0Ie' cross-examination he said he had 1 hi1^ some account of the case in the pai>ers, but I he had had no conversation with any of the par ?Mlt, buj wa? interrogated by a person whether he knew or had had relations with either of the counsel In the case. The opinion he hud formed on reading the report of the case lu the paper was not a fixed opinion, and he believed he Iron the jury, be influenced by that opinion, lie had read the evidence from day to day u laice Ssldi?001 iU TUe juror W(W ordered VsuS) ,h^r.d^??r"nfl had formed no opinion about the case, had never been approached by anv one m'Stu Ti1, aUd had formed no opiuiou as to its merits. The juror was sworn. Joseph F. Stone had formed no opinion about the lhfhiL?'n?r the other. He had no interest 111 j 1 tlii. Mutual Life lnsuiance Company and did 110 business with either of the counsel in the case He ' ES.52K"ffl,ed.by a 8tranger who wanted "toin ^ i'. a o"1 'he case. Told him he would ffiX? vcrciict according to the evidence and bade 1 HI 8?od morning." Mr. Stone was sworn. e8 A- K'"owa h!Uj heard 01 the case in a genera1 way; read about it in the daily papers j m 'that did not leave any impression on his mind 1 lie was approached by a stranger, who asked hlni ?r ?h? IVh* ,'out the caNe t,ut had been asked I the M,m.?e|rt froHn eD* 18 not a stockholder in 1 know fhnf Uran?eJt0ll,pa,,v and does not w - Mr> Cl,ase 18 indebted to that company. Mr. fellows was sworn. ,.?^arle3 Mouk had formed no opinion upon the case, was a borrower in the Mutual Life Insurance Company; he did not know that Mi. Chase was a | borrower In that company. was a James Dart had expressed no opinion about the case but had formed a partial ..pinion in regard to v?\ w ?h ? 1 uct entirely 011 the evidence; did not MW>ers. 10',he case us to business rela- I Mous with them; he tried to keep away ironi them j (Laughter.) Mr. Dart was sworn. "Km. j Jt'KOKS SET ASIDE AND KXCl'SED. j l.nlon Adams, Thomas Dennv. Jr. Hermin Oriflin, William A. Hall, James P. Uuackcnbos I Hiram Raynor, John Sloan. vjuacKenooss, j JUKUK TO snow I'At'SK WHY HE SHOULD NOT BE FINED $!i,000. The Court ordered James 0. Shaw to show cans.. I why he should not. be find $2,000 for lion-attend ance alter having been summoned. TUB JUKY. The following are the names of the jurors sworn to try this case:?John A. Kiston, foreman; John Abendorth, Charles Linear, Edward 8. Jaffray, Henry Bowers, John Homer, Abraham Bogardus, Joseph F. Stone, David L. suydum, Charles 11. Fellows, Charles H. Mount, James Dart. Judge shipraan said that in tills case the Court would sit iroin eleven o'clock to half-past three every day, with half an hour for recess, except on Saturday, when the Court would not sit, and this would give the Jury au opportunity of attending to their business affairs. As the ventilation of this court is wretched, the Court would expect, while the right ol the public to lie present was un doubted, that all those attending the trial would be seated, and those who could not flud seats would be good enough to leave the court unless they had business in connection with the trial. OPENING STATEMENT OF COUNSEL FOR PLAINTIFF. Mr. Shaffer opened the case to the Jury, stating that he was familiar with the facts, which were somewhat complicated. He would abridge the statement as much as possible. Tliev had put In the jury box an intelligent Jury to try the case. In | the last case there had been thirty-live working ; days, spread over seveial weeks, in consequence of the illness of one of the Jurors. The suit was brought under a statute that marked an era in the legislation of this state. Counsel had neser been a 1 >io to agree as to the value of the property In question, and It never would be ascertained 1 unless It was brought under the auction eer's hammer. But it was i>ejond doubt that the value had greatly Increased. The value might be thousands or millions. It depended on them' to Jlnd a verdict that would stand the just criticism of all coming time. The suit was brought under the statute of 1865, which reversed the whole doctrine of the common law. The law whs that an illegiti mate son was nobody, but it was an historical faet that the greatest or worst men that ever blessed or cursed the earth were Illegitimate, even from the days of William the Conqueror down to the present. The statute of the State of New York : passed April is, i860, declared that illegitimate j children might Inherit real and personal property ! I torn their mother, not lrom their lather, and the case was that the plaintiff was the illegitimate son of the late Madame Jumel. I There was some evidence that could not be supplied on the last trial which would be 1 given now. The plaintiff brought this action as an action of ejectment, aud Mr. Chase could only be regarded in the light of a trespasser. Mr. chase had given different versions of his claim to the property. He claimed it through marriage with a lady related to Madame Jumel. But the plaintiff denied the claim of Mr. Chase, and said t hat claim was not derived through any person who ever had a particle of the blood of Madame Jurnei flowing through his or her veins. Who was Madame Jumel f She was brought up among Immoral peo ple, whose example was bad to female purity. Her early associations were bad. Her name, her real name, was Eliza Howen, and her nickname was ?'Betsy Koiren." She was bom at Providence, and lelt there at nineteen years of age, after having given birth to the plaintiff, and alter that they heard of her next at New York. Her mother's nnme was Phoebe Kelly, and It whs a fact in the caae that PbOBbe Kelly lived and cohabited with John Bowen. a sailor, and the presumption was that there was no legal marriage between them. They never stood In the presence of a min ister or a cletgyman to get married. There was no marriage between them. Marriage was honorable, thank Uori, and free love had not destroyed it. Madame Jumel was born (V 1775, and In a passport which she had taken out for France In 1MB, about six years before her death, she slated her age, showing that she was born In K76?one year before the grand old bell of Independence Hall called the nation to action. Counsel then wer.t on to detail th# Circumstances of Uie cuse. so often teuoi tod in our and at the rlow of his address the Court adjourned till this inoiiiiny. THE PHELPS-DODGE-NELSON CASE. Alleged Burglartons Entry of Phclp*. Dodge & Co.'a Uffirt by ou Iron Mtr (h?nt?The Bnnlnem "StereU" of the Firm Obtained?The Caic To Be Fin 18he?| To-Day. Yesterday id the Court of General Sessions, Re corder Hackett presiding, the case of Ahram Nel son, which was specially set down for trial, was moved by Assistant District Attorney Stewart. The charge against the defendant, who is the Junior partner of the lirm of Nelson A Son, iron mer chants, is burglary and larceny, growing out of an alleged attempt on their part to obtain the busi ness secrets of Phelps, Dodge A Co.'a by entering their premises in the night time. Judge Kullerton was associated with Assistant Dis trict Attorney Stewart In conducting the prosecution, while the defendant was represented by ex-Recorder Smith and David Dudley Field, Jr. A full account of this case, it will be remembered, appeared In the Herald during the Summer, which created more than ordinary interest in busi ness circles at the time. The court room was crowded by merchants and the friends ol the respective parties, and the utmost interest was manifested in the proceedings. On motion of the District Attorney a nolle prosequi was entered In the case of Ertck P. Peter son, who was jointly indicted with Nelson. Judge Fullerton opened the case at length, detail ing the manner by which the correspondence and entries in the books of Phelps, Dodge A Co. were obtained by the defendant, which was by the con nivance of a man named Peterson, the porter aud janitor ol the building. William 10. Dodge, Jr., testtfled that he was a member of the tirin of Phelps, Dodge A Co., and enumerated the names that composed the llrui. The next witnesH examined for the prosecution was Erick P. Peterson, who said he went into the employment ol Phelps, Dodge A Co. about three years ago, and remained with them up to the time ol Ills arresi in June last; he lived in the building with Ills wile and family; his business was to take care ol the olllue and collect checks and-drafts: about a year after he went Into the employment or the firm lie bccame acquainted with Nelson, who traded with the Messrs. Dodge; on Saturday, the 1st of June, the witness and Nelson were arrested as they were leaving the office of Phelps, Dodge A Co.; the defendant came there at half-past seven o'clock in the evening and remained till half-past nine or ten o'clock; he walked in through the office door, which stood open; in the afternoon of that day Neison asked the witness lor the privilege of comma to the office, hut he (Peterson) told him that he was opposed to his coming there any more, that Dodge A Co. had suspicion that there was something wrong: Nelson said he wanted particularly to get Into the office that night, lor there was something Important that he wanted to find our; the defendant came out or the United States Hotel and asked if all the clerks had lelt; the witness informed him that they had all gone; Nelson came at hall-past seven o'clock und said he wanted to see domestic and foreign letters and telegrams from St. Petersburg; he asked the witness to leave out or the safe In the aiternoon the red-covered letter book, letters and telegrams, which Peterson did, placing them under tlie bookkeeper's desk; Mr. Reed had charge of the key of the safe; a certain square box was placed near Mr. \V. K. Dodge, Jr.'s, desk In the daytime, aud usually it was put in the sate at night, the key of which was carried by Mr. Porter, the cashier. The witness said he knew something ol a false key being made lor the box, but as it was in April the counsel objected to the evidence, and further, that the indictment did not allege the stealing of any articles in that box. Nothing was abstracted by the delcndant only the information he obtained, which w as not an indictable offence. Mr. Ful.ei ton said he had abundant authorities to show when the time came that Nelson was guilty of a "constructive" burglary. The witness proceeded to testify that in the month of April Nelson opened the box, which he (Peterson) had purposely left out of the safe, and got the letter books containing correspondence with St. Petersburg. } On motion of counsel this evidence was stricken oul. Peterson said he was arrested with Nelson and taken to the Beekman street station house. The witness was cross-examined rigidly by ex-Re corder Smith, but nothing important was elicited. He said he was in the Tombs lor lour months, and was bailed out by Henry Leske. a friend ol his, in the sum of $ft,ooo; on the night of the arrest it was raining, aud before 1 left the office 1 loaned a { common umbrella to Nelson. A silk umbrella, which was mentioned in the indictment, was shown to witness, who identified it as belonging , ' to Wm. G. Dodge, Jr. 1 Officer McLaughlin testified that he aided in ar : resting Nelson, who, after he was brought to the j station house, searched him and found the silk i ! umbrella shown to him in the log of the defend- i [ ant's pantaloons, and the witness saw him take 1 the bundle of blotting paper exhibited from be- I tweeu his vest und shirt on the small or his back. I An envelope containing certain papers was also lound in his coat pocket, which was excluded from the testimony. Certain keys show n to the witness were also found, he said, upon Nelson's person; ' he had also a common umbrella when he was ar rested. A recess was taken, alter which Mr. Peterson , was recalled and saiu that lie understood the con tents ol the waste paper baskets were sold to the waste paper dealers, aud that be sometimes sold | waste paper. Officer Nicholl. Thomas Fisher and Thomas Sampson also testified to seeing a common um brella In the hand of the delendant at the time of the arrest. William E. Dodge, Jr., was shown the silk um brella in question, and identified it as his, stating that he paid *IJ lor it about a week before It was stolen. The witness was shown the package of blotting paper and envelopes which were taken from Nelson, and said that they were similar in ; size and texture to what their firm used. Cross-examined?Nelson having stolen a large quantity of stationery from the mm, and the blot ting paper having been taken from his pack, Mr. Dodge took it for granted that it was their prop erly. He further stated that he recognized his (Mr. Dodge's) private letters which were found tn the defendant's premises; the witness had no recollection of saying that he would send Nelson to the State f'risou, but probably said that lie de served to be sent there; there was a civil order of arrest granted upon an affidavit by a member of the firm, and Nelson was held to bail in the sum of $100,000, which was subsequently reduced to $10,000; the complaint, in the civil suit was that Nelson had continuously stolen valuable Informa tion and used it, Involving great pecuniary loss to the firm ol Phelps, Do Ige A Co. Mr. Douge said that he had hail business transactions with Mi. Nelson aud met himonceat the rooms of the Young Men's Christian Association, but frequently at their office, and that the Arm of Ptie'ps, Dodge & Co. were large importers ?t Iron and other metals. Mr. Smith now proposed to read to the jury the affidavit of a member of the firm upon which the civil order of arrest was granted, which set forth the fact that Nelson surreptitiously obtained valua ble Information from the Orm at a great loss to them. His offer was made for the purpose of showing the animus of Mr. Dodge against the ac cused. To save time His Honor the Recorder per mitted it to be read. Mr. Dodge, in reuly to a question, said that the cipher telegrams received by their firm were trans lated and the translations were placed in the box to which Nelson had access. Daniel W. .lames tcstiiled that the blotting paper shown was similar to that which they used. Mr. Fullcrton said he closed the case for the people. Mr. Field briefly opened the case for the defence, stating that tlie crime of which Mr. Nelson was guilty was "curiosity;" that knowing how success ful Dodge A Co. were In business lie sought in formation from Peterson in order to be equally successful, and that the alleged theft of the um brella and blotting paper ought not to prejudice lilm tn the eyes of the jury. It being pa>t the usual hour of adjournment the Court adjourm d till Tuesday morning. The ease will be concluded to-day. THE QUINN-STAMFORD HOMICIDE. History of the Case?Testimony of the Principal Witnesses?The Defence?The Verdict and Sentence* Arthur Qulnn was arraigned for the murder of Martin Stamford yesterday in the Court of Oyer and Terminer, Judge Ingraham presiding. The facts of the case have already appeared In the Herald, but a brief recapitulation will serve to bring the details of the murder to the memory of the public. It appeared that on the morning of the 19th of August the deceased and another man got scuffling together la consequence of a quarrel, when qulnn came behind deceased and stabbed him tn the back, from winch injury he ulti mately died, although it was sought by the defence to prove that the death of deceased was caused irotn a severe shock occasioned by bin having been thrown off a street car. TI18 CASK rOR TIIK PROSECrriON. District Attorney Garvin having opened the rase to the Jury, detailing the circumstances connected with the alleged mnrder, the first wituess callcd was Sarah Stamford, who appeared in the witness box with a baby in her arms aud dressed in deep mourning:?She deposed that she resided at 320 East Thirty-eighth street and was living there about the 18th of August last; she was married and her husband was Martin Stamford, who was twenty-six years of age; she knew Arthur (juinn and had known him for the past eight or nine jean; at fetout a qu?rter-paet one o'clock on the morninp of the 18th of August last she was stand ing at her door when she called to hor husband; she was answered by one of Arthur Qulnn's friends, who said he was "coming," and believing it was her husband who had spoken she said "If he was coming he hud better come quick;" her liusb&od then came down and asked the man "if he was Martin," bnt she did not know what reply was made; she after wards saw her husband leanlugover Quinu's friend, and observed Quinn go behind him ami do some thing to her husband, and alterwards saw his shirt covered with blood; Quinn then went up the street and returned to make another attempt on her husband, when he was arrested, and her hus band was afterward* taken to Bellevuc Hospital; he died four weeks after the occurrence, on the l'Jtti of September, from the effects of a stab in itio back. In cross-examination by Mr. Howe, she denied that the deceased was addicted to drink; she did not notice blood on the deceased's start until the pris oner was In custody; the tight lasted about three minutes, but she could not say whether the de ceased struck either of the men. John Kelly, an oitlcer or police of the Twenty first precinct, deposed that he was present at the affray on the morning ol the lMh August; he saw Stauilord there, and Inquired ol liiin what was the matter, wheu deceased replied that a man had been to his house inquiring for his wife; he said that the Stale Prison bird whom he hail assisted to get out of jail had put this job up for him; Quinn then iau up the street, and said, "1 am the state Prison bird, you son ol a b?h, and I'll settle you;" another olllccr, named Uill, caught hold of the prisoner by the back of the neck and took him to the station house; while he was on his way there Stamford canic up and said he was stabbed; a crowd began to gather, wheu deceased walked away with him and followed the prisoner toward the station, when prisoner took a knife out of his pocket and threw it away, and although search was afterward made for it It could not be lound. In cross-examination he said the prisoner threw away something which looked like a kniie, but he would not swear positively that it was one. John Gall, an oitlcer ol police, deposed that he . was present on the occasion; he corroborated the last witness' evidence and said that while Quinn was on his way to the station house he remarked that Stamford "might swell;" he saw hiui throw a knife away, but it could net be found afterwards; deceased was bleeding before he laid hold ol the prisoner, but he could not swear that deceased wau bleeding when he first saw him; he saw pri soner make a dive at deceased with his hand clenched and the prisoner at the time was stand ing alongside or deceased; he struck him with nis leit hand and it was with the same hand that he threw the knife away. James Cunningham deposed that he was present during a part ol the affray; he asked Stamford what was the matter, when he showed hiiu the place where lie had been stabbed; there was blood issuing from the wound. Dr. W. H. lioll proved that the deceased was ad mitted to Bellevue Hospital on the 18th ol August; he saw deceased the morning after he was admit ted anu dressed his wound; decease') died on the 2<Jth of September; the wound was just beiow the hip and was a clean cut wound; deceased was granted a pass from the hospital by the house surgeon, and was gone two or three days, but alterwards returned and died on the 20th; the cause of death was the bursting of an abscess which had formed and which had been created by the wound; on the post-mortem examination the only external mark ol violence was a wound which extended for three inches; the wound had a healthy appearance, but on probing it he found an abscess had lormcd under the wound, and death resulted from its having burst into the cavity. Cross-examined by Mr. Howe?l)r. Dunning was the house surgeon who first treated the deceased; he was discharged as being convalescent by the house surgeon some days belore his death; the wound at that time looked healthy; he did not see him when he fame back to the hospital, but be lieved he was then Buffering from the effects of a severe shock. Mr. Howe inquired whether the fact of his being thrown from a car by a conductor would not be a sufficient shock, iu consideration of the presence of the abscess, to cause his death'/ District Attorney (larvin objected to the mode of pressing the question, which was also held by His Honor to be Improper. cross examination continued?The day he left the hospital on a pass he was apparently convales cent; it was impossible to say ii the deceased had HIQgincd in the hospital whether he would have died. Mr. Howe briefly addressed the Jury, ne said it would have afforded him great pleasure had the District Attorney presented the case to tliem in its true character, because he would not then have had to address them. The District Attorney had not produced before them the whole of this case. It | devolved upon him to do so, and without entering Into the merits or defence ol the case he would pro I duce such toatmionfas would satisfy them that i another person than the accused was responsible i lor the death of the deceased, and ir lie proved that, j which he would do by the witnesses for the prose cution, then they could not hold the prisouer guilty of the crime charged against him. TESTIMONY FOB THK DEFENCE. Patrick Mctiinlay, a police oitlcer, deposed that he saw the deceased on the ijslIi September, when he complained that he had been thrown rrorn a car by the conductor. lie arrested the con ductor and took him to the station, after which lie was charged in the police court aud admitted to bull for Alexander Williams, a captain of police, received the deceased ut the station house, when he went to make complaint against the conductor, aud had it sent to the Police Court to be heard. Patrick Stokes, a car driver, deposed that on the | 18th September he saw the deceased on the corner of Twenty-eighth street; he ran lor his car and i jumped upon the step in Iront, on the right hand ! side, and said he ought to have stopped tor him; | he commenced to talk very ugly, when he called j the conductor and requested him to move the deceased inside the car; the conductor moved j him accordingly, when deceased commenced i swearing at him and got exceedingly abusive: wit ness stopped the car and told the conductor to re move the deceased to the other end of the car; the conductor tried to get him ott the car altogether, when the deceased fell into the road upon his hands; he ran, however, Irom Twenty-ninth street to Thirty ?fifth street after the tall; deceased must have missed his footing, and was in liquor at the tune. Stephen Root, who was in the car, proved that the prisoner bad been drinking, and corroborated the above witness' testimony with regard to the conduct of deceased and the manuer of his being ejected by the conductor; deceased had also refused to pay bis fare; he denied that the conductor pushed t lie deceased off the car, but he fell off the step in the scuttle. Dr. Moll, having been recalled, said it was his opinion that the abscess was caused by the stabbed wound, which was in Itself sufficiently dangerous to cause death, but it was probable that death had actually been caused by the shock of the violeuce caused by his being thrown off the car. Tfl? CIIAKOK, TUK VERDICT AND THI SENTENCE. His Honor briefly summed up the case to the jury, detailing the circumstances of the stabbing and or the manner 111 which deceased was ejected from the car. The Indictment was for murder, and there was evidence to show that the deceased was stabbed by the prisoner, and concluded his argu ment by saying that It was either a case of murder or nothing at all. The jury retired, and after an absence of about an hour returned Into Court with a verdict of "Murder in the second degree." ills Honor, in passing sentence upon the prisoner, said it was a melancholy thing that another in stance should be added to the numerous murders which were being committed of late by young men. It was not his first offence, although It was one ol a much graver character, and the sentence of the Court was that he be coullned to Mate Prison lor filteen years. MANDAMUS AGAINST THE COMP TROLLER AND BOARD OF AUDIT. Two Mandamuses i One Against the Comptroller and One Against the Board of Audit and Apportionment Opinion of the Court. There seems to be no cessation in the flood of mandamuses against the Comptroller and Hoard Of Audit and Apportionment; but, on the contrary, "the cry is, still they come!" Jndge Barrett, of the supreme Court, who thus far has done the largest amount of business in this line, added yesterday two more to his list. SALARY OP A COURT OFFICER. First in order was aa application lor a manda mus agaia?t the Comptroller on behalf of Michael Clune, an officer of the Supreme Court, directing payment to him of a month's salary for such ser vices. Mr. Samuel G. Courtney, who made the ap plication, read an affidavit of Mr. Clunc setting lorth his appointment, his discharge of the duties appertaining to snch an appointment, his applica tion to the Comptroller lor Ids pay and the latter's reiusal to pay him. The defence was that he had not performed the services. Judge Barrett held that the defence was not tenable and ordered a mandamus to issue directing the Comptroller to pay the claim. A CITY ADVERTISING RIM. The second application lor a mandamus was on behalf of the Official Railway Newt. Tills was asked for against the Hoard of Audit and Appor tionment, directing it to audit and allow Its claim lor $34,000 for city aud county advertising. The items ol the bill, it was alleged, had been thor oughly examined by Mr. i'urdy, a Clerk of the Hoard, aud pronounced all right, and there was no reason, It was urged, why the same should uot be audited and allowed by the Hoard. Mr. Btrahan, on behalf of the Hoard, strenuously insisted that the claim was an illegal one. He said that this paper had never been properly authorized to pub lish the city and county advertising, and therefore had no just demand upon the city for pay. He added that oat of |901,000 advertising cluiins pre sented against the city the Hoard had only allowed |4'ifl,ooo. Alter further extended remarks, in which the old line of argument waa employed on both sided m In previous piuilUur applications, JihIro p.irrrtt said he considered II his doty to grant the mandamus, and diil so. THE WALLKILL BANK DEFALCA TION. The Charge of Rmbeialemcnt AgaiMt Ki-Mrnator William M. Uraham? What Are "Hanhiiin Duiumiea 1"?Th* Defendant Paying Out 'rw?ed'? Cheek*. Yesterday Commissioner otd>oru commenced lo take testimony in the case ot the United States vs. Ex-Seuator William M. Graham, who is coarged with having, while acting as President o( the Wall kill National Lank of Middletown, N.Y., embezzled $loo,coo, the property of the stockholders of that Institution. A large number of the directors or tho bank were present. Mr. Charles O. Dill appeared on behalf ol the bank, Mr. Purdy for the govern ment and Mr. Charles 8. Spencer for the prisoner. TESTIMONY FOB TIIK PK08KCCT10N. Mr. Schlosser, Teller of the Wallkill Hank, was the tlrst witness:?lie was shown a paper, which he declared to be a banking "dummy," represent ing a note which had been left at their oiilcc dur ing the month of October for collection by Mr. Brown, ol Hrowu A Weardslcy, the owner of the note; Mr. Crahaiu usked the witness to mark on the collection book "discounted." On cross-ex amination the wituess said he was not aware there was any wrong in the transaction; it was nothing unusual to have "dummies." Dr. David C. Wintleld, one ol the directors of the bank, testified that the bank stopped or suspended on the -0t Lt of November; a meeting ol the directors was held last Wednesday week; they sent lor Mr. Graham; witness said to lilm that Mr. Madden had been told by Morton, the Cashier, that Mr. Graham was a delimiter to the amount of $50,000; witness asked Mr. Orahaui if that was true; he suid he did not want to answer that ques tion until Hoi ton came )>ack; we asked huu what he did with the bouds and money which he had drawn Ironi the bank in New York the day before? either from the Park Hank or from the Kirat Na tional Hunk, with both ol which the Wallkill Hank was in the habit of transacting business; Mr. Ura ham said he had drawn $?,ooo, ami had applied $s,ooo to redeeming some bouds which, he stated, belonged to Ills father-in-law, and had given the bonds to him; when asked for the $l.ooo he said he had it at iiis house; he went there, pot It and gave it up, unwillingly, as the witness thought; when he was asked liow he got the money to redeem the bonds Mr. Graham said he took down some drafts and the rest they had in bank. Witness subsequently had a conversation privately with Mr. (iraliam, who admitted to him that he had privately used at one time a large amount ol the lunds of the bank; that he had paid the bank back with a check of William M. Tweed's lor $25,000, uud with auothcr check lor $jo,o<io and $7,500 in money. Witness did net know that bv authority ol the directors $40,000 and $10,000 were borrowed tioiu Mr. Denton and about $40,000 from the I'ark Hank, so that you could "retire" a certain amount: did not know that the law required the cashier to make a certified statement, every year; the bank directors uiet but once a year. In the course of the investigation Mr. Sprnccr, counsel for the accused, several times ttatcd that the charge against Mr. Graham wus not specific; that it merely embraced the broad and general language of the statute, and that the atlldavit charging the offence was indefinite. The Commissioner ruled that In order to main tain the charge it must be proved that there was a defalcation, that the defendant was connected with that deraleatlon, uud that the body of the oilcnce must be proved. Mr. Spencer replied that that was exactly wliat he wanted. They should llnd out how far Mr. Graham was responsible, so thai they might, have Bouiethlug definite to answer. The lurtlier hearing of the case was adjourned for a week. BUSINESS IN THE OTHER COURTS. COURT OF OYER AND TERMINER. The Klng-O'lVelll Murder Catrl In the case uf the People vs. James C. Judge Heach applied to tbe Court (or time lu or tie? to enable htm to make the necessary preparations for the delence. lie had uo desire to delay the matter, but was really uuprepared to procccd therein. t District Attorney Garvin said the witnesses for tbe prosecution were ready, and as the case was one of importance to the public he was anxious that it should be proceeded with, and asked that some specific day be fixed for the hearing of the case. The delence had urged lor u delay until next month, but it was desired by the prose cution to dispose of the trial at once. Judge Ingraham said the custom had grown up to postpone these cases unnecessarily, aud justice demanded that more speedy trials snould be made in Bucb important matters; and in a ease like tins, where the witnesses could be obtained, no delay ' iurthcr than was actually necessary should lie pe: inlttcd. If nothing was shown by affidavit that | witnesses weie wanting lie did not think lie could Krant the postponement; but the matter must rest where it was until the delence had shown juwt | cause for delay, after which be would consider ibe application. The Thomaa Farrrr Homicide. Mr. Howe, counsel for tbe prisoner, said his client had been incarcerated In the City Prison since the ' lbth day of September last upon an Indictment ; by tbe Grand Jury of the Court ol General Sessions for homicide. The defendant was ready and anxious ior trial; out through the death of the principal witness the prosecution had been unable to proceed before with the case, lie ap plied that the bail, which had been fixed at $5,ooo, should be reduced or the prisoner discharged upou his own recognizance. District Attorney Uarvin replied that lie sliouM lie prepared in a day or two with the necessary evidence, when His Honor denied the application. Convictions and Sentence*. John Shea and Peter Donelly were arraigned and pleaded guilty to a charge of burglary in the third degree, and were both sentenced to imprisonment with hard labor in the State Prison for two years and six mouths. John Thompson, charged with the larceny of a wig, pleaded guilty to an attempt at larceny, and was sentenced to imprisonment with hard labor in the State Prison lor two years and six mouths. Frederick Pilltzekl was Indicted lor an assault with Intent to kill, but under all the circumstances of the case tbe District Attorney consented to take a plea of assault with intent to do grievous bodily barm. The complainant, a young woman of prepossess ing appearance, was in Court and stated thut tlio prisoner shot at her, the ball entering ber body three inches below the heart. Mr. Howe explained that It was a case of love and liquor. The prisoner had been in love with the joung woman, and, finding she did not return Ins affections, iu a drunken fit of irenzy the prisoner fired a pistol at her. It was a case of emotional insanity. The prisoner pleaded guilty, and was sentenced to imprisonment with hard labor In the State Prison for three jeurs and six months. Catharine McGuire, indicted lor the manslaughter of Stephen Quail on the 18th of September last by striking htm with a brick, pleaded guilty, and Mr. Howe, in calling the attention of the Court to the case, with a view to a mitigation of seutence, said the uufortunate occurrence was caused through a lot of boys, who were teasing her, when she took j up the brick aud threw it at them, not lntendlug j to Injure any one, and that the prisoner was deeply i sorry for having unintentionally taken the lile of a lellow creature. The prisoner, who appeared In Conrt with a child In her arms and In tears, was sentenced to oue year's imprisonment iu tbe State Prison. Timothy Landets and Garret Landers were in dicted lor murder in the llrst degree of Joseph Burnett by cutting !ilm with a pair of scissors. Prisoners withdrew their plea of not guilty of mur der lu the first degree and pleaded guilty to a charge of manslaughter In the third degree. Mr. Howe, who appeared lor the prisoners, stated the circumstances of the case and said the de ceased attacked one of tbe prisoners and fell upon him, and his brother (Timothy), fearing Ue would be killed, stabbed tbe deceased with a pair ol tailors' scissors, through which he died. His Honor, In sentencing the prisoners, said tbe offence had been committed under previous threats, and committed them each to Imprisonment In tbe state Prison for two years and six months. COURT OF COMMON FLEAS. Legal Responsibilities of Married Wo* men?Mme. Demorest Becomes gerety for Her Hasband for Rent?Suit f-tr Non-Payment of Rent and Verdict Against Her. Before Judge Joseph M. Daly. In 1887 William Jennings Demorest took a lease for ilinc years ol tbe house No. 27 Fast Fourteenth street. Ry the conditions of tbe lease be was to pay $6,ooo a year for the first two years, $a,ooo a year for the next two years and $H,ooo a year for the remainder of tbe term. A further stipulation 1 was that Mr. Demorest should pay the taxes. Mme. Demorest became surety for the reut. The house belonged to the llurgoyne estate and was leased irom the executors. Time passed on and j Mr. Demorest, as claimed, fell Into arrears as to I the payment of the rent and also neglected to I pay the taxes. Meantime, as stated ou his side he gave notice of bis inability to fulfil the re quirements ol Ins lease, and assigned the same to a third party. The arrearages, as alleged, amounted | to 12, and as Mme. Demorest would not make the deficit good suit was instituted against ber to recover the amount. 'rue trial of the suit was begun several days i since, in the Ceurt oi Common Pleas, before Judge Joseph F. Daly, and concluded yesterday. The delence was that Mme Demorest, at tbe time of be coming surety, had a separate estate of her own, but subsequent financial embarrassments had swallowed ua tbit estate, leaving bar impecunious. An attemnt wa? made to show that the lease wa? nold for u handsome bonns, bnt this failed. After hearing the testimony the Court directed a verdict tor 43,741) li, being llic whole atuouut claiiucd, wiU? interest. SUPHEIUF CQU1T--CHAM3ERS. Dt?Ulon*> By Judge Barrett. James T. Pel ton vs. James W. Bell.?Motion denied, with $10 costs. Smart et al. vh. D. Barnes.?Motion granted, wttlk (lo costs. Wood vs. Martinet al.?Judgments granted. Mutual Life Insurance Company. New York, vs. Martin et al.?Same. (Jlscheidtvs. Kuhue et al.?Motion denied without costs, but with leave to plaintiff for the insertion of an allowance In the judgment upon affidavits ill answer to the present, opposing ailldavits. SUPERIOR COURT-SPECIAL TERM. Deciatons. By Judge Curtis. Fergus Cochran et al. vs. William n. DlmmlcK.-? Motion lor judgment denied, with costs to defend ant, to abide event of suit. Jeremiah s. i,une vs. Anthony P. Salter et al. Order granted. By Judge Freedman. Charles L. Frost vs. J. Fdwln Conant et al.? Onler signed. William F. nines vs. Charles A. Pcrlne.?Can? ordered to be tiled. By Judge Barbour. Benjamin C. Phermal vs. William Pitt.?See nietiiorandum of counsel In regard to settlement of case. COURT OF COMMON PLEAS-SPECIAL TtRM. Dec Im ions. By Judge Larremore. Oeorgo C. (iwennemann vs, Caroline Gwenne matin.?Divorce granted. Beiuhardt vs. Blumenthal.?Report of r^Tcreo confirmed and judgment ordered for defendant. Mausner vs. GotteL?Report of referee con firmed. Davis vs. Hoe.?Motion denied. Hade vs. Armstrong.?Motion denied with costs to abide event. Joachim vs. Sproaton.?Motion denied withou costs. By Judge Robinson. Mathews vs. the Mayor, Ac.?Demurrer over ruled and judgment for plaintiff, unless defendant answer and pay costs of demurrer lu twenty days. MARINE COURT-SPECIAL TERM. Decision*. , By Judge Tracy. Calvin vs. Niibsbauui.?Motion to vacate attach*' tnent denied. Moore vs. MoWiiiie.~Motlons denied, without costs. Nceley vs. Shattnck.?Motion granted. Tyler vs. Van Name.?Costs properly taxed by clerk. Meyer vs. Could.?Motion to vacate denied, witlk leave to renew. McMackin vs. Same.?Same. llovey vs. same.?Same. YORKVILLE POLICE COO IT. James Walsh, William Wright, William Watson and Thomas Johnson, who were anestedon Sat urday night by the Twenty-first precinct police on suspicion of being pickpockets, were ar raigned at the Yorkvllle Pollco Court yes terday, before Justice Bixby. It was shown that ou Thursday evening last Walsh and Wright, assisted by others whose names are at preseut unknown, assaulted and robbed a Mr. George Plgot, in Grand street, Williamsburg, of $W> in cash aud bills payable to the amount of $1,600. Mr. Pigot was In Court and identified beyond doubt the prisoners named, who were accordingly re manded to the custody or the Kings county au thorities. The other two were remanded back to the station house until owners are found for soiuq gold watches ami other property now at the Fast Thirty-lift It street station house and which are sup posed to have been stolen by the prisoners. COURT OF APPEALS CALENDAR. ALBANY, Dec. 9, 1872. The following is the Court ol Appeals day caien* dar Pur December 10:? NoJ. 80S, SOU, b70, 871, 872, 875, 508, 510. DEPARTMENT OF BUILDINGS. Letter from J. M. Margregor to Comp* trailer Green. It was announced Home (lava ago that James If. Macgregor, Superintendent of Buildings, had re signed. This is somewhat premature. Mr. Mac gregor bad concluded to resign iu consequence oi the inadequate sum apportioned bis department, but at the request of Mayor Hall he consented to remain In ofllce until the 1st of January. Comp troller (ireen has received the following communi cation from Mr. Maogregor in reference to the pro posed reduction iu bis expenditure. A. H. Urkkn, Es>i.:? , ? lit?Vour ciicular letter of the tOlh ln<t was received this dale, and In compliance with tho request therein < ontained I ntiltrnil tll? following estimate of the sums re quired tor the efficient inaiuteii.iiicc of this department lor the yeur IKT<:? The amount necessary to pay the salaries of the various officers and employe!* I have, alter the most carelul con sideration, and l.em* actuated by u desire to keep tn? oniotiiit within the lowest possible figures consistent with the public good, tlaed ai tf&t.ouu. This suin I considi f absolutely necessary tor the proper discharge ot the business of Hie department, although the suinistnex cc<s of my estimate lor the j>a-t .vear. I feel com pelled to place It at that figure lor the reason that the amount appropriated bv the Hoard of Audit and Appor tionment for the year 1><72 was much le ts than absolutely | required for the proper worKlng ot the department, the result being that many important duties deemed by me I to b? of great public interest had to be omitted ior the i want of means lo carry the same into effect In the matter ot farnlshlug you with a complete list of names and residences of the various officers and em ployes, with salaries ot each, I find it difficult to do so, as the p*r*>nru:lot the department is subject to change from month to mouth and the salary paid to each Is governed 1 by the umount a:ut importance ot the duties performed by them respectively, for further insinuation I respect fully refer you to the payrolls sent to you each month, together with the affidavit? accompanying same. I As to the laws defining the duties ot the various | officers and employes, i beg leave to call your attention 1 to the charter of 1H72, ulsn to chapter 62.ri ot Laws of IH7I. In regard to the expenditures, other than for salaries, I could again reter you to chapter 625 ot Laws of 1N7I. I In conclusion, 1 would reiterate that, <n conducting the i business oi this department, which has been my privi I liege from Its organization up to the present time, it has always been my aim to cotnltie the expenditures to the I lowest possible amount consistent with its proper ailniin ; Istration, and In some instances tlmre has been a halancu i remaining to the crcdit of the department at the end of the vear. Whether the duty of apportioning the moneys appro priated for the year 1*,.} should devolve upon me or another, I, realizing the responsibility resting upon me as the Superintendent oi Buildings, and from my experi ence during the pa?t ten years, am convinced of the ne cessity ot having appropriated the amount asked for, that the public Interest may not be Impaired; and should It ever be our misfortune to be visited by a calamity similar t<> that which has befallen the citlcs of Chicago anil Boston. I will have the consciousness of knowing that it was nut caused either by a false economy or tlie ineffi ciency uI tlie department. Your*, respectfully, J AM ICS It. MACORkfloR. Superintendent ot Buildings. FOUL PLAY OR FOLLY?WHICH 7 A Thanksgiving Morning Mystery la BloomUclrt, N. J. On Thanksgiving Eve Mr. Bernard Reynolds, of Bloomfleld, N. J., left his home to attend a ball somewhere In the neighborhood, lie had on person, it is supposed, several hundred dollars. Aboat two o'clock on Thanksgiving morning be started for home, being then in that condition which weather-beaten marines describe aa "three sheets in the wind." Until Sunday last nothing was heard or seen of htm. On that day bis body waa found floating in the Morrus Canal, near to Bloomfleld lock. It had evidently been In the water some time. The clothes were torn and the head badly gashed. In the pockets ' were found only some thirty-live cents. Opinions 1 vary as to his fate. Some are of opinion that he Is undoubtedly a victim of foul play, while others say that his home route being along the canal he < must have fallen In. There is also some rumor of i a disturbance having taken place near the canal 1 early on Thanksgiving morning. These facts hav ; lug come to the knowledge or the county phy I sician he has deemed it proper to order tut in quest, wiiicli will be held this forenoon. ALLEGED APPALLING CRIME. Infamous Robbery and Assault of aa Aged Lady In WestTllle, W. J. In the town of Westvllle, near Livingston, Essex county, New Jersey, a few days ago a diabolical double crime is alleged to have been perpetrated on an old lady, over seventy years of age. On the day in question?as was related yesterday to a Herald reporter by a member of the Easex Bench? a young man, name unknown, entered the resi dence of the old lady and found her alone. Assured of this fact the ruillan flourished a club he carried and demanded from the poor woman her money at her peril, she had but a lew dollars. The villain secured the money, and then, chagrined, seemingly, at the meagrencss of the amount, beat the poor old dame most brutally, and wound tip by perpetrating a uionstrons outrage on her, having previously bound her hand and foot to a bed. He then, alter locking tbc door, tied. There is now confined in the Hudson County Jail a young man named Lorenzo Sheppard, hailing ftoin New ark, who was caught iu t'nlou township last Fri day while fleeing from the house ol Robert Condon, whose house lie had robbed of $120 alter having bound Mr. Condon's daughter. It ta suspected in Westvllle that Lorenzo and the villain who robbed and assaulted tlie old lady are closely if not idea* tlcally related.