Newspaper of The New York Herald, 22 Kasım 1857, Page 1

Newspaper of The New York Herald dated 22 Kasım 1857 Page 1
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THE NEW YORK HERALD. WHOLE NO. 7752. SUNDAY MORNING, NOVEMBER 22, 1857. A FRIGHTFUL RECORD. Double Murder and Suicide to Long Island. Assassinations in the Metro polis Last Week. Meitiffeation of One of the Spanish Soldiers as One of the Water Street Assassins. IMPORTANT PRESENTMENT OF THE GRAND WRY. Janes Rodgera, the Tenth Avenue Mur derer, Sentenced to be Hanged. Arraignment of the Alleged Green wich Street Murderers. THE CANAL STREET TRAGEDY. Mb l?rMcy CMnttted fcj the Cerafcr* Jary a> the Borderer ? THE WILLIAM STREET INQUEST. MORE GARROTBIB ABOUT, Ac., Ac., Ac. APPALLING TRAGEDY AT PORT JEFFERSON, LONG ISLAND. TWO PERSONS INSTANTLY MI'KDKKFD ? A TTIinD AL MOST K1LLKD ? fU'IClDK OF TIIK MUKDKKKK. We are indebted to Mr. J. G. Wilbert, mail agent of tbo Long Island railroad . and one or two others, for tho follow ing narrative or one of the moot appalling tragedies tliat baa occured within our recollection. About half past seven o'clock yesterday morning, while Mrs. Waters, of Port Jefferson, was at breakfast, in com pany with her Bon in-law, Mr. Sturdevant, and bin wife, who also resided in Port Jefferson. Mr. Waters, her hus band, who had been out of the house for somo time previous, suddenly entered the room with an Iron bar in bis band, and without speaking a word, struck either his own wife or Mr. Sturdevant with tbo formidable wea|*>o which he carried with him, a violent, and it is supposed fatal Mow on the head. Tho only person in tbo houso besides the party at breakfast was a boy of about ten years old. After the blow hod been delivered terrible shrieking succeeded for a moment or two, during which the boy, who had concealed himself up stairs, hoard dis tinctly two or three other blows falling in quick succes sion. Then the shrieking proceeded only from one voice, and "murder," "murder" was loudly shouted. Two or three additional blows were again quickly delivered, and then there was no noise, except a footstep apparently leaving the scene of the tragedy and proceeding up stairs. Ihc boy now concealed himself closely under a bedstead, While the foetsteps, after reaching to the top of the stairs, tarned into another room from that in which the boy w aa concealed. The lad , perhaps suspecting that Mr. Waters wanted to kill or beat him, ran down stairs as fast as ho eould, and was rapidly followed by Waters, who had tho horrible weapon in bis hand with which he iiad perpe trated the frightful series of crimes. The lad, however, ?scaped by outrunning his pursuer, and then spread tho alarm, whereupon a number of villager^ u the ncig! bor bood of the bouse proceeded to the APPEARANCE OF THE BCKNE OK TIIB HTRDBH. Outride the door, and a Tew pao rom It, a terrible spectacle ?u presented ; Mr*. Sturdevant lay In a stato Of insenaibllity on the ground. Her head and face were covered with blood, and she had received a heavy stroke from an iron bar, on the bead which would, of iUcIf have been sufficient, it la believed, to cause death. On Mm this, she waa beaten by the saine weapon in other parta of the body, and had two smaller wounds in the bead. From this it would appear that a struggle had taken place between her and Waters before he wax able to overcome her ; or perhape while he was finishing his so mod victim ahe endeavored to escape by running out of Ike bouse and raising the cries of murder that was over beard by the boy ; the fiend might then have followed and struck the blows at her head which caused her !o lie in the state In which the neighbors found her on their arrival at the bouse. The lighter blows and those about the body were probably inflicted flrst while perhaps she defended herself. and prevented, by her ef forts. more deadly ones from descending upon her. How ever this may be is as yet only a matter of conjecture, for ?a far as the knowledge of our informant* go there was no *ye wiuiessea of the scene. What the circumstances would permit were at once done Tor Mrs Sturdevant, and the neighbors proceeded t" make further discoveries lbe neit disoovery was the dreadful Implement by means of which Waters had effected the death of two individuals, ood wiUi which he had evidently, ami nil tint suecc <*fui ty, attempted that of a third It was found near the barn, Which Is adjacent to the dwelling house. The bar of Iron Is described as being square, about an inch and a quarter diagonally from angle to angle, and aliout three and a half feet in length. When found It ww reeking with human blood. Some of the villagers entered the burn, hut the greater number went Into the dwelling, and in both {daces, especially the latter,* horrifying scene waa pre presented to the view, RCENE IN THB OWBll.tWO IWfSB. On entering the house evidences of the awful crime of which it had so lately been the scene were scattered all voand, In the form of blood on the walls, floor, Ac. TV?e were more numerous as they neared the breakfast room. What a scene was there) Two human beings, who, a few Moments before had been in the enjoyment of perfect beolth. and engaged in perhaps pleasant conversation While they partook of the breakfast laid before them, now lay dead, their heads battered In a frightful manner, and their persons altogether presenting the most horrible spectacle that can be Imagined. There were the break Mot things which a few momenta before were to all ap pMrance to be partaken of by the unsuspecting party be tore whom they were placed, now mingled with blood and corpses, and scattered throughout the room in all di rection? It waa evident to all those who witnessed what was before them that Instant death must have been the result of the blows which mutilated the hea<ta of Mrs. Waters and Mr. Sturdevant in the manner we hare dooenbed. TOE SCENE IN TOE BARN. to the barn, suspended from a Joist, by the neck, were the remains of the flmdlnh maniac who had been the oanae of all the calamity. He waa quite dead, and his body , M it waa suspended. With the muaclea of the Tare distorted, and all the other appearances the result of ?trangulation, rendered the oorpae a sight terrible to the quiet villagers of Port Jem>rson. There was no motion in tbelimbs.no spirit of evil to prompt to violence now reigned within him. the arms that bad ao lately been en paged in the perpetration of crimes upon which we cannot even reflect without sense l*>n? of horror, and the mind that guided them In the perpetration of those crimes, wore now incapable cither tS thought, action or feeling. Of course It was evident who the murderer was, and it waa also clear that be had terminated his miserable rata tonce by self murder. NAME" or TOE PARTI*4! CONCERNED TN TTTE TRAOBPT ? Wll AT WR IIKIW CONCERNING TI1RX. Op to the Ume our informant! left Port Jefferson, which ?wo presume it will be remembered la fifty miles from Ibooklyn. in taflblk coonty, long Island, nothing further bod transpired to their knowledge in relation to this me loneholy aflW We now proceed to give what we are in powession of concerning the parties who were In the bouse. Who, with the CEcepttoo of one, met their death in * barbarous manner. Mrs Waters was formerly married lo the late Mr. Oarllng. ship bailder in rv>rt Jeffmnn. She bod been alwsrt two years married to Waters before the ?order occurred, during which time they lived together to all appearance m the most affectionate manner. Mrs, Waters wm about fifty years old, and Waters, about whom W* have not as yr? hoen able to learn much, appeared I ? be about five years younger. Mr Murdevants oocupn ?est we have not be?n able lo learn but he was about thirty years old, while his wiie, who waa the daughter of Mrs Waters by her former huahaod, waa little ?tore than Iwmty and a lady likt perron in ercry respect Tbe boy UiU *h op stairs, and who had such a narrow chance for his life, wan also a child of Mrs. Waters by her former husband, and he isa smart, intelligent young lad, often years old, as hi* well planned and fortunate escape folly proves. CAT78B Or TBS TRAGEDY. The cause of this awful affair is a perfect mystery to all with whom we have conversed onlthe subject. They al lege, however, that Mrs. Waters was very much attached to her daughter and her husband, and that she possessed a good deal of property since the death of her first hus band. She was very liberal with her daughter, and it Is supposed that her husband , noticing many material proofs of this liberality, in the shape of presents, imagined that he was not the chicf object of her cares and affection, and reflecting upon this, or perhaps fearing that she might finally be led to settle all her property on her son- in. law, he came to the maniacal conclusion of avenging himself to the heart rending manner in which he barbarously mur dered his wife, his friend and himself, and attempted al most successfully In one instance, to dostroy the lives of two others. It is plain from tbe facts which we have related, that Waters, whether acting upon premeditation or not, enter ed the breakfast room while his three victims were par taking of their morning's meal, with an iron bar in his hand; that he probably commenced an assault first on Mr. Sturdevant by striking him on tho head with the deadly weapon in his hand, and that after despatching him, ho attempted the lives of the other two. His wife was proba bly the second person upon whom the terrible weapon . descended, and before bo had finished her to his satisfaction, it would appear as If Mrs. Stur devant, who, being a young and active woman, and doubtless possessed of considorablo nerve, had deter mined either to endeavor to effect her own escape, which is the probability, or it is possible that she might havo made an effort to save tho lifo of the second victim by an interposition of her own efforts. That one or the other, or perhaps both of theso were attempted, the fact of her lying outside the bouse, in the state in which she was found, leaves no room to doubt ; nnd it is also probable that tbe severe wound in her head was tbe last blow in flicted on her. This Waters, if he was capable of think ing anything at that moment, supposed, probably, that he had rendered her incapablo of living, nod left her where she was found by the villagers, unable to throw any light upon tho subject, and what is of more importance, in a state that is almost void of hope. Tbe lighter blows seem to have been those in flicted by Waters while the lady was struggling with him, and the final and most dangerous appears to have had tho effect of terminating the unequal and brutal struggle by felling Mrs. ISturdevant where she lay. Tbe boy, who was up stairs, almost miraculously es caped, and the tragedy was brought to a terrible conclu sion by the suicide of Waters himself, in his barn. When Mrs. Sturdevant recovers, as wo sincerely hoiwsbe will, everything counected with the affair will be brought to light . and in the meantime we will endeavor to learn what else wc can about tho melancholy matter. CRIME IN THE METROPOLIS. PRESENTMENT OK TUB UK AND JURY KEI.ATIVK TO TIIK INCREASEOF CRIME IN NEW YORK ? SENTENCE OK | DEATH PRONOinCKD UPON JAMES HO DOERS FOR TIIK MIRDER OF JOHN HWANSTON? JOHN B. HOLMES SEN TENCED TO FIFTEEN YEARS IMPRISONMENT IN THE STATE PRISON ? OTHER SENTENCES ? THE ALLEGED PERPETRATORS OF THE GREENWICH STREET TRA GEDY ARRAIGNED AND PLEADED NOT GUILTY? BCENKH IN COI'RT, ETC., ETC. COURT OP GENERAL SESSIONS. Before Judge Russell. The November term of the General Sessions, during which our efficient City Judge transacted a largo amount of business, often sitting to a late hour in the evening to carry out an inflexible rule made by him, namely ? to ex haust each day's calendar before adjonrning ? wan brought to a close at noon yesterday. His Honor reserved the sen tencing of a number of prisoners, who were convicted of grave offences during themonth, till this day, the moro noted of whom were Jamos Rodgers and John B. Holmes. At an early hour in the morning crowds of our citizens could be seen wending their way to the court room, anxious to witness the solemn proceedings, and m soon as the doors ware thrown open the curious multitude eagerly sought admittance, elbowing and crushing each other as if their very existence depended upon obtaining admittance, trampling alike upon the rules of etiquette and the toes of their brethren. Soon after 10 o'clock, an hour before tho opening of the Court for business, the room waa crowded to excess, and the seats within the bar allotted to members of the legal profession were called Into requisition. The fair sex were represented by a few ladies, whose curio* it y to witness the proceedings exceed ed the fear of having their bones dislocated in endeavoring to secure ?cats. In order to avoid undue excitement, the officers attached to the Court of Sessions took ihe preeau. tion by escorting the prisoners from the Tom be at uu early hour in the morning and lodged them securely in the place allotted to them. Promptly Ht the hour Judge Russell took his peat upon the bench and ordered Mr Walsh to opeu the Court riK Honor waa soon Joined by Mr. Barnard? the Recorder elect ? who preaided with much dignity, giving evidence by his demeanor that be will fulfil tho high expectations of our citizens who have called him to the high office of criminal Judge The Sheriff? James C. Willett, Esq ? was also present to perform his part of the mournful drama which wa? about to be enacted, and occupied a seat by the prosecuting officer. The Grand Jury then mode their appearance, and through their foreman, presented a number of indictment*, together with the subjoined presentment, to the Court. At his Honor's request Henry Vandervoort. Ksq., the clerk, I read it The recitation of the document wan listened to with great attention by tho large audicnoe, and Is m follows!? PRESENTMENT OF TlfK ORAND JTRT RELATIVE TO THE RECENT MI ROER0? TIIE CONDITION OK T11E INHTI TTTlONf. ETC. The Grand Jury having finished the business submitted to their charge, wotild respectfully report to the Court:? That then' is in tins city at the present time an alarming increase of crime, whteta demands at the bands of those in authority a most prompt and decisive action. The unusual number of nation* on the calendar presented to us show that a large majority of them are' committed by the youth of our city tram 16 to 'M year* of age ? some of which are the most aggravating In conversation with ?ome of them they show a perfect indifference U> their fate, having been schooled In, and graduated from, houses that are a disgrace to our city? some of which we have presented to the Court. We are pleased to witness that the ends of Justice have been furthered by the prompt action of the Court and Petit Jury in all and every case presented by us. In reading our daily papers of the midnight and daily assassinations, murders, highway robberies, burglaries, Ac., it bahoovesthis Urand .fury and others to call upon our city authorities and Police Commissioners to Increase their force Immediately, with good and true men, for the protection of the lives and home* of our citizens. The habit of carrying concealed weapons about the per son. such as pistols, slung shots, dirks. Ac , is a crying evil in our community, to which special attention is called, ttf a large numlier of cases before us, we have seen the Cnuthnnd aged, crippled and maimed for life, by this un iwful and unwarrantable practice, winch calla for our severest condemnation Having a large number at prtsro witnesses before ns, the Grand Jury thought proper to visit and in* port our city prison, and have most cheerfully awarded to tho matron (Mrs. Faster) the credit of providing clean and comfortable apartments for them, and attending to their wants in a m??t satisfactory manner. The prison, under charge of Mr Gray, the keeper. Is in a lumltuy and proper o??ditfc?i?4i>e prisoners appear to have all necessary attention? -and merit our entire ap probation. We must abo state that the Police Commissioners are attending to the complaint of a former Urand Jury In re gard to prison wltnes e*. by having the building formerly on- epied by tb#tn in White and Franklin streets fitted up for their especial comfort and protection, thereby remov ?ig the stigma of "prison witne**e*." In visiting the institution* on Ihe different Islands, wo And every dejiartmerit under the rteggo of the Hoard of Ten Governors inn healthy and floiTi-htng condition, and meriting at enr hands this passing notice. The instttutKjMtnewn as the House of Refnge, nnder the superintend* n^of M r J. W. I, I* in all respect* a model institution for "the reformation of jmenlle delinquents " There arc at present some rtOO males and female*, most of whom are working at traden; some four to five hours of the day are devoted to Ike teaching of them, und'ir proper and efficient tearbers. The New York Juvenile Asylum, situated at 1 75th street Inonrdtv. and similar institutions, are deserving of notice 1?ioy are instlftitions for the prevention of erim r, by taking the youth In their Infancy, and teaching tliem the path of duty, and giving them trades and ncrapations they otherwise' would fall to reoelve. Within the past *i ck over 100 have been sent West, under the guidance of a preper overseer, to useful and proper employment; and we would call upon (*ir 1'oltce Justices to consider the homeless and friendless children, and those accused of small and petty crimes, to remember those institutions, and the public generally to Interest themselves and visit them The Penitentiary at Black well's Island at the present time is cr<*rded w*li inmates, a part of the female depart ment being allotted to the males, and unless a stop w put to crime in our cky , the prison must he enlarged in order to provide for their net oxsities. The workhouse on the island, established in 144A, Ml worthy ef mention Here all the articles of wearing ap parel are made for the com v lets on the island. The room* are sparioos and comfortable, and all those sent to the Almshouse are provided with some trade that is neeful to them and a profit t?' the city, and folly realizes the expec tations of Its originators CM RIO* ? CROUW, Foreman. , 0MM F, nrrweo*. Secretary The Judge, in discharging them, said? Gentlemen , for your attention to the public business you have tho thanks of the Court, and are discharged from further attendance. The Grand Jury then retired , and the regular busineai was commenced. Counsel for John B. Holmes, who was convicted ol forgery in the first degroe, was about making a motion for the postponement of hia sentence when it was suggested that he Bbould reserve it until a later hour, in order that Rodger* might be disposed or first. 8KNTKNCK OK JAMKH RODOKR8 FOR MTTRDKR. The Assistant District Attorney rose amid profound si lence, and said? In the absence of Mr. Hall, the District Attorney, I move ror the judgment of the Court on a ver dict of guilty pronounced against James Rodgers for the murder of John Swanston. So intense was the excitement exhibited by the multi tude at this moment that it was with great effort the ?Ulcers could obtain silence. When Mr. Byrsdall was in strncted by the Clerk to arraign the prisoner, all eye were turned to the dock to catch a glimpse of the uufortu nate youth, who will soon be offered up a victim to violas ed law. He was promptly placed at the bar, and his countenance was closely scrutinized by every Individual. Rodgers was clad in the apparel which he wore during his trial, and looked much better than his comrades, McGibnuy and Cunningham, /who, it will be remembered, were witnesses against him ,) who were present; for the convict wore a clean shirt, while his associates lacked that necessary adjunct to cleanliness. Rodgers' appear ance did not betray great mental suffering, and the casual observer of his countenance would fail to perceive any change from a kind of inanimate, insensible expression which characterised his features heretofore, to a feeling of intense emotion befitting the solemnity ol' his position in view of the awful doom which awnttad him, and which the minister of the law was about to pronouaoe. Not withstanding this, he realized in some degree his situation. The Clerk addressed him in these words:? Jamos Rodgers, you may remember that you have heretofore been in dicted for a certain murder and felony by you dono and committed. I'pon that indictment you wore arraigned ; upon your arraignment you pleaded not guilty, and put yourself upon the country for trial ? which country has found you guilty. What have you now to say why judg ment of death should not be pronounccd against you ac cording to luw V RODGKRS' RCMARKH Rodgers hung down his head demuroly, and a breath less silence pervaded the room to hear what tho con demned youth had to say in extenuatiou of tho offouuo which he will have to expiate by his own life. He said : ? " 1 don't believo I done it. 1 don't know whether 1 did it or not, lor I was drunk." * Anr>RU9i or jrnoi Rrsszi.i to tit* toihonkr. James Kocflkrs, you were indicted for tho murder of John Swanston, to which, on your arraignment, you pleaded not guilty. You were defended by eminent and able counsel, who did everything for you that could ho p< ssibly effected; but the evidence was so positive and clear as not to admit of a doubt of your guilt, and tho ?lury. therefore, very properly Chnvicted'you. You have, therefore, forfeited your life to tho violated laws of your country, and the most painful part of ray duty is to pro nounce that sentence which tho law has ordained for a crime of this magnitude. The sentence of the Court is that you be takeu to the place from whence you came (the city prison) and there incarcerated, and on the 15th of January you be hanged by the neck till you are dead. And may God have mercy on your soul. Amen! The voice of the learned Judge was tremulous with tho emotions which must havo filled bis breast in sentencing a fellow being to death, no doubt remembering tho aolenr.nity of the coming day when we shall all be ar raigned before the Great Judge, of which those proceed ings were but a faint emblem. The Clerk then handed the death warrant to his Honor, who, after appending to it bis signature, placed it in tho bands of the Sheriff for execution, of which this is a copy WARRANT OF KXKOITIO!*. Th* rrffl< if I Ik- Sfatf of AVw Vorlc to ths Sheriff of the dry and ('oin'y "/ Nrw York. grrHing:? Whereax. lit a court of General J^csfioim of the I'eace hold in ami for the city and county of New York, at the City Hall or Un paid city . oil Friday, the thirteenth ,i?y of November, In the year of our 1/ird one thoujeind eight hundred anil fjriy seven, .lames Rodgers wan in duo form of law con victed of the murder of .John Swanaton. And whereas, on Saturday, tin- twenty-first day of No vember, in the year aforesaid, at the said Court of (Jeneral Sow ions of the I'eace, held in and for the said city and county, at the City Hall of the said city, Judgment was given'tn the said court that the said James Rodger*, for the said murder and felony, be hangud by the neck until he be dead. And whereas, on the aaid last mentioned day, the said James Kodgers wo* sentenced to be taken to the city prwon of the city of New York, from whence he canio, and on Friday, the Ufteenth day of January next cuiuiug, bo hanged by the neck until he be dead ? Now, therefore, you. the Bald sheriff, are required, and by these pr<wents strictly commanded, localise execution to be done upon the said James Rodgers according to law ; and the said Court liath appointed, and doth hereby ap point. Friday, the flftoentn day of January next, the day on which the said sentence shall be executed. In wanes* whereof. I, Abraham D. Russell, City Judge of tbecitv of New York, Justice of the said Court, aud who ?4i?UUU Lb* said Court, and the prrsi Jin* Judge thereof, have hereunto subscribed my name tin* twenty first day of November, In the year of our Lord one thou sand eight hundred and fifty seven. A. n. RCSSELl., City Judge. Attest ? HruRT Vaxdctwoow, Clerk. While sentence wa a being pronounced. Rodgers did not manifest his feelings vocally, but Ills heart was seen to beat with intensity, and he was heard to sigh audibly at Intervals Mr. Willett took him In charge, and he and officer Byrsdall conveyed him to tho Tombs, followed by a large crowd. Neither the aged mother nor the two sisters of the criminal, who were present at hi? trial, were in attendance Judging from the intensity of their anguish at the rendition of the verdict, the scene would have been too much for them to have witnessed . and it is highly probable tbey were prevented from attending by prudent advisers It seems that his younger sister reallxes the position in which her brother has placed himself by heeding the advice of more hardened companions and Im bibing the maddening bowl, which the world's great bard has very properly denominated " devil," more than any other member of the family, for she has visited him fre quently in prison since bis conviction, and her grief was uncontrollable. PKVntNCI OF JOIIN B. nOI.K*S FOR FOROIRT. Jonas B. i'hilltps, counsel for John B. Holmes, said that ho had prepared a bill of exceptions, but wan so much occupied In other a alters since tho conviction or his client that he had not time lo serve It upon the District Attorney until this morning, and be was anxious to have the benefit of those exceptions. He asked his Honor to derer sentencing him till the flrst day of the next term, In order to afford him an opportunity or settling the bill. Tho Assistant District Attorney remarked that the merits or tho motion rested upon the fact whether or not In his Honor's opinion the bill of exceptions could contain anything rrom which by any possfballty an advantage might arise to the defendant. There were no such exceptions taken, aud therefore no benefit could accrue to the defendant by poMpoting the matter, for no Judge of the Sunreme CWurt under lite circumstance? would grant a stay of proraed Inst He re?|?-< trully urged that the duty of the prose cutioii twards the public wss to insist upon the pronouncing of Judgment at uece. . Mr Fhilhpa in reply said thai he did not suppose his Honor would grant the motion, but there wore new ques tionsoflaw involved, which should receive the solemn ajudication of a higher Court. Another reason he offered for the postponement of Mr. Holmes' sentence wa? that Mr. Clinton had only been associstodfwith h.m that morn ing to examine the <|iiestions of law in the case. Counsel affirmed that noinlnstico could be done to the public In granting his motion, for the defendant was In close """Mr"1 Clinton addressed the Court at considerable |en*th in support of the motion to postpone sentence, staling that be desired to have the matter pae-e.l lipon by an appellate Court. The decision in the case i?f Thompson, who had actually (undergone a year s incarceration, was an Illustration of ihe principle for which he contended, but who was granted a new trial by the higher Court Mr C. stated that the case of Huntington was another striking exemplification of his viewrs of the law and l||Wrwlniwi of his posit**, and Huntington's counsel at any mo ment obtain a new trial. Judge Russell said? The only exception talscn on the trial was on the construction of * statute If to my mind there was doubt as to the construction which I gave to it ,0 would defer the sentence, but ihe case is so plain that I could not, consistently w th my duty, consent to defer this matter. This being the last day of the term, and as It Is probttMe ihAl I shall not be on the bench till January, I think il my duly to Impose Ihe s<witence wh'ch the law compel* ii ie to inflict on the present occasion. Mr Fhtlhps offered the subjoined points on his motion of arrest of Judgment:? . . 1 The indictment Is defective, because It contains no averment that the defendant had any right, idle or into rc*t tn tho protH?rtjr purports! lo b* co utejed b j the alleged forged and counterfeited deed. 2 Because It contains no averment llial the d?nrt al leged to have been forged was ever delivered. A -toed only takes effect fr'*m It-livery, and such an averment Is essential to the validity of the indi' tment. 8. That ihe forging of a wife's nnm? by her hnsband ccsiveytng hi.- own property and not her serrate estate , is not a forgerv within the meaning of the ?t?luie. 4 The first count in the indictment describes no OHM In law. . ? Counsel submitted these points and asked lo have them placed on the record. The Cily Judge overruled ttio objections and deuicd Hie motion . John B Holmes, who was unexcepttnnably dressed, and look tog '"as fresh as a daisy," was then arraigned and asked the nsusl question He said he was an engineer by profession. To the question "What have you now to say whv Judgment should no< be pronounced" against you*'* he coolly replied, "1 had'nt a fair trial, that in all 1 have to saa\'' Judge Ri?sell thus addressed him ? Holmes rrm were indicted and convicted or forgery in the first degree I n^rret to sny that it Is no* the first time yon have been brought berore the criminal courts You are a mm of notoriously bad character. There are few men in the community who would speak well of yon. This, in con nection with your trfsitment oT your wife and Miss Puck . in first seduc'ng and then abandoning the latter, (Holmes interrupt ii ? ? "That is n c* so") entitles you to no sym pethy from the Owrt. The sentence of the Court is that you 'be sent to the State prison, and there confined at liard labor for fineeti years and six months Holmes did not make any observation, but left Ihe bar wilb as li?lit ? step ae he apptoached It. The sentence cj thin criminal , who is wall known to the citizens of H?w York, gave universal saiiafucUon. GRAND I. ARC INT. Thomas Murphy, a youth, who pleaded guilty to an at tempt at grand larceny somo time since, was brought up. As there were mitigating circumstances attending hw offence, hie Honor remanded him, to give his father an opportunity to procure his enlistment in the army; but the father, who was present, under the impression that he could not do co unless ho wax accompanied by his erring son, had neglected to avail himself of tho Judge's leniency. Ilis Honor wild he would give him another chance; but told him if he wait not expedition* in getting huii off he would aeud his son to the penitentiary . MANHI, ACOftTKK. OwenKiernan, an aged Irishman , who was convicted yesterday of manslaughter in tho fourth degree, in caus ing the death of James Mcllermott, on tho '20th of October, waa the next offender that was brought before the Court. One of the City Fathers, whoso youthful api>earance sug gested the misapplication of the title, subimtted a petition of a number of tho residents of the ward in which Kier nan resided, setting forth that ho ok a peaceable and un offending citizen. The City Judge, in pacing sentence, said:? Kiernan,yow were indicted for manslaughter, and were convicted of tho fourth degree of that ofTeuce. You deprived a fellow being of life Yon, as well as the deceased, wero laboring under a state of intoxication when the act was committed. He extricated himself from you and was go ing away, when you followed 1dm and struck him with a cart run?, which blow caused his death. I could send you to the State prit on for two years on this charge, but I have taken your good character into consideration, which has the effect of diminishing your sentence. Learning that you have ^family induces me to he less rc /ere with you than the magnitude of tho offence requires. I will send you to the penitentiary for one yoar. TBS UREKNWICH STREET 1CTTRDBR. The audiencc were then gratified by seoing the allogod

assassinators of Teresa Spitzlen, who was murdered under peculiarly inhuman and atrocious circumstances. Tho Clerk ordered Maurice O'Connell, James Toole, William Hagan and Daniel Pembroke alia* "Sailor Dan," four youths who have been justly denominated "Dead Itab bits," to be placed at the liar. On informing them that the Grand Jury had indicted them for tho mur d?r of Teresa Spitzlen on tho 5th of November, and asking them if they demanded a trial on that charge, they severally answered that they were not guilty of the crime. Mr T. Hurley said he was counsel far Toole, anil would demand a separate trial, which right was willingly acceded to him. Mr. Sedgwick tixeii the tlrst Tuesday of the December term for thotr trial anil gave them notice to be ready on that day. Ho also desired them to bo com mitted without bail. L1ECT. COL. HAR1IADCKE REEVES AOATN. Counsel for JamcR McAlpine, alias tho above formidable title, whoso history was given by our criminal court re porter a few months since, applied for hia discharge, on tho ground that he has been in prison six months, during which time the prosecution failed to try him for an attempt to obtaiu goods under false pretences. He was tried on a charge of subornation of perjury, upon which he was ac quitted, and remanded for trial upon another indictment which was in existence. The Assistant District Attorney opposed the motion, remarking that the records of the Court, as well as his Honor's memory, would show the career of McAlpine. On his former trial counsel secured his acquittal by subtlety infusing fear into the mind of a timid lemale, who was the principal witness for the pro secution. In consequence of pressing business, Mr. Sedg wick was unable to try the case tho present term, but pro miscd to bring it on in December. The Judge denied the notion, adding, that if tho defendaut ww not tried at the end of the next term, counsel could renew his application. ORANI) LAKCNY. Hans Martens, apparently a respectable man indicted for stealing a silver watch, in consequence of hta provioua good character, and at the requestor the complainant , wan permitted to no, after being ml or mod that judgment was only ("impended. A vouth named Bernard McGafoey, Indicted for Greeny, was discharged at the request of the prosecuting officer, he remarking that be would rather have the indictment hanglnK ever him than to run the risk of hi. acquittal, and further stating tint if M'fiataejr did not take car, he w ould come to the same end as the unfortunate Rodgirs. TUB COBTANIONH OK RODIiEKS DISCHARGED. Cunningham and MoC.ibney, the associates or Rodger*, and who were detained in prison as witnesses, tliey hav ing been in comjiaiiy with Rodger* on the night of the murder, were brought before the Judge, in order that ho might make some deposition or them. He addressed them in these worl* ? You have narrowly escaped being placed in the unfortunate position or your comrade. Rod tiers, who, by Indulging too freely in liquor and keeping bad company, has come U> an untimely end. Ut in* lati- bo a warning to you, because ir you are bronchi berore this court charged with any erim.vyou Willie dc*K wKI very severely. Take warnmg by Rodg ors and endeavor to be sober. l on can go. The boys hastily left lb.- court, and on being in formed that there was no more business before him. the Judge vacated the bench, and the court adjourned nns du. When the court room doors were closed hundreds of vounc men remained on the ?Uir cane, desirous or seeing Holmes among whom was his old grandmother, near y fourscore years, who. when beholding b.m securely SW burst into tears and affectionately embraced htm. mm! id another female. Tti- officers and prisoners were followed to the Tombs by ? large concourse of persons. Lnd It was intimated that Holmes's friends wouM try U> rtfrct his es rape, but the officers quickened their pacc and arrived in salcty with their charge. TTTE WATER STREET AB8A88INATT0N. ARKROT and identification or ONE or THE lit R DERBR* II 1H EXAMINATION IIEKORE THE CORONER pKM-RirrioN or tiie fbihonek ? one or tub SPANISH SOI.DIBR*. ETC, The Fourth ward police made three more arrests among the !*pantsh soldiers in Bro,?klyn night before last, on sus pit- ion uT being parties to the rearft.1 murder committed at the dance house in Water sweet on Thursday morning, but two or them were subsequently released from custody, as the occupants of the house did not recognise them as ever hnving been there. But one oi them , named Francis Vardel, they Immediately Idcntilled a* a companion or the Abont si* o'clock on Friday ever.ng Mr Priscol was in the nelghliorhood of Peck slip, when he olwerved this Vardel pass him, and at once recognised bun as one of the Spaniards who u.?ed to frequent his house. He followed him along to Fulton market, where Vardel stopped to have something to oat. Wl.cn be got through he walked back towards Peck slip, and up to Front strest and Roosevelt Mieet Mr Hrlseoll keeping on bis track all the way In Roosevelt street be met two officer., to whom be gave the prisoner in charge When taken to the station house he admitted that he bad been in Water street on the night oT the murder, In company w?two??r*. ?4 pot KM would go wit), him i to Brooklyn h? sk" ?-ir.ss'.ss "is tea having be? n in . selected the wrong men ; but -si <4, h ""iff SI Tht. Of course, (apt Willing refused to do. and the twiTmen were accordingly discharged, as above sUUmI Vardel was identified yesterday evertngby ihehaiMr, Arnold James when confronted wiUi him before the Onro IhTZinrnZ subbed him and deceased, Andrew M. w?nu? The Ooroaer then made out his commitment, and IrXd hlm ip lt * remarkable that neither Drtaeoli .F.XluZ wnis.' him as Uie man engaged In the stshbin/ They all lell the ?ame story, namely that ho TonT't a party of Hpamards who frequented the bouae, : hut h* in twit of Ibf nMuu^Mns. Vardel win mummed ^ a wltfi*? jrwWday, *n?l . ? ,?t toi tra-lict- ry and confused a.?o?i,t -.1 I""'-'1 IhTwas flallv i "ntfadictcd, as to Ins whereabouts on Wo t,< lav nlgin. by two wltn. -sea The pri*?ner is an III Itsdcioi man, below medium hetalit, sallow, and without X?rte or whisker. His eye. have a p~ altar tT m d sii I treacherous look, shining like Uuwe . a well wlien the ligbt -trikee on them His sight is defecfie. H? WH< , marine n the Ppantsh servwe and is .me oT th,#.' wh >eame herefrom Havana in the Emilia TUB INQIHST. r?r, , rr roenery resumed the lnve?tigst!m yesterday nt three o'clock, <* the bodv oT Andrew MeMamis. > ran- ? Vardel, the prif ner. fa Spaniard) sw 'rn and e/am'ned tbroA ? tn.erpreter-l live in don't know tn what street I am a marine in the *pani?i? ?rr\ ice and wa- on board a war steamer called .-an .li^a vel e icame rrom Havana U. New V rk tn the bark Ft) ilia Mid not hear of the murder In Water ?lr? t 1 - ir c?ii i?nr wift - roe men on that nurbt. nam C.nTHlf l.ar. ... and another wh>?e nam- I do not k, , , 1 not tn the house 377 Water street , tVr on VS.-. n. a i , Id or V. ir-Uy morn ng. [Tlie . -n ? ... II . |i . ,.e .-I7T w iter street was prod w - ' 1 ' ,l i-i- did not know her. sb his --.glit w?e bad \ V v i v ? T to I. T 1 1 "?* rir. 1-ointiltg to a r ? hi the wo - linger- t r ?-i?. <? <-?y 1 me tv pay ?-?' A > ? 1 , r -am h< r in n V l-fe Q I 'id you I, ar an.. ? onver oat ion ab. 'It thw murder, or do to,, know <<v> ?>.,% ti,it . . an\th r>g SboiB It* A Sever l> lore 1 . ini" here |.,Mt n-1'ht' I don't BnnwB man named ,1? ? f' w lienor ,Tol the name oT C4ta-t. lo I was not ? Wal-r .tre-i on the nicht uC Ihe mnrZ? e*ce,H ai>o ut half I ?a-' seven or eight o vl<s k . when 1 ps-sed through ,t I was not in .,,V li. 'ice tVre til U ti lilit I was i- t in tl ? woman ,v'r< Wb.te's) bo.i-e No S77 W'tl a m in ? tl' a i a-t i" fye after leaving ?'*ier street I turned n with ,..r| aVo.it talfpi.t eleven o'chs k Si > tli.it neuhivrhcssl. snd -lept wlh her ? mOc , tirree years from Spoil. a-?t am 1"* ,n the Con-Ul ' hand, I Invar the siao wh . - 1 ev b- nan.-, I Ihi.-k is Fran, s '? tl,' fame ho- with toe ,i, Br.?.k'in, h? n o,'fK?>es York With me; I know s M.iall nan wit . Mark ev?. and moustache and imperial 1 behev tie n. w in prif^i . one of the men in Bn*>klyn told me this morn ng his name i? Oalev* Undo* White, sworn and e*amined? I live at ?' 7 wa K>r street, snd keep a dsnee h<mse, I heard of 'he murder :,bout half |*ssi one the night it occurred I hej*d first that a man named IVmpsy was killed ' ' a girl was cut too, twe of the gtrta wont to U? itauoti house in the morning. *nd they sasl that the dead man looked like the one that wan dancing m our houso thn night before he wan killed and the night ho woo killed; they said he watt killed by Portuguese, but mentioned no names; I asked if they know the fellows that kill<-<l him, and they said not; I saw the dead man at tho Htation bouse, and recognized him at once; h? had a difficulty in my house the night of thn murder with Home Portuguese; it was between seveu and eight o'clock , three of them and lost witness came in just ax the dance was beginning; 1 asked last witness it they were going to have a dance, and ho said, " Mo no dance;" they only came an far ax the screen at the door; I asked him if lie had any money , ho said, "Me bo money;" he said, "How much you WHUt for that riug?" 1 said, twenty dollars; be said, " Me no twenty dollars:" I told tliem to come iu or go out; Yardel said, "Meuogoln," I then shoved him and told him to go out; he said, "You no good;" the four then left, and in about an hour three camo back, but Vardel was out one of them ; they came In and gat down for fifteen Minutes ; they made paper scgars and come over to thn bar to light them ?nd took some drink ; de ceased was then standing at my door talking to a bill man who looked like a canal man ; one of the Portuguese snap ped a handkercblef out of one of the girls bands and ran out the door ; in passing ho struck against tho foot of deceased, who said, "d? n your heart, can't you go quiet;" the Portuguese replied, "d? n your heart ;" be then re turned and said to his companions, " vamoso I " tho whole three then left the place and stood outside thn door; de ceased hud gOM before them , but lie returned about half past eleven quite drank ; I asked him to stay that night, but be skid he hud no money ; 1 told him he might sleep on the sofa with the bar tender, but be refused , he left at a quarter to twelve, but again returned, and then the girls coaxed him to stay ; but he said he must go to tho fandango to meet bis brother in law ; he only staid the last time till halt post twelve ; none of the parties returned after that ; 1 recollect distinctly that Francis Vardel the last witness, was at my house with threo other men on Wednesday night. To n Juror. ? I saw these men often before within a month ; they are little fellows ; I never saw Vardel be fore that; there is a small fellow with a little moustache and goatee goes with him; he dresses different ways at differ ent times; Vardel did not go in the sumo direction as tho other threo, after I pushed them out; they crooned ovor, but Vardel went down in the direction of DriMOll'ft. Francis Vardel re called by a Juror ? Did you not say In the station house this morning, that you could |Hiint out two men who were with you on Wednesday night? A. 1 did not; it was on Thursday night; one of them was tho mun now in prison, and tho other wus the bliud man. Witness was here sent in chargo of an officer to the house where ho passed Wednesday night, to bring up the girl Willi Mm he slept. Arnold .lames re called, and stated that thorn were only two ityuniards at l?rjscoH'n house duriug the stabbing; I saw none standiug outside the door. Vardel here returned with tho girl, and the Coroner asked Mr. James to look at hidl. and say If ho was one of the two men engaged in tho stabbing. Mr. James, after a minute scrutiny ot the man, said "it looks very U1113I1 like him . I would say that is one of them ; that is tho small one." Coroner. ? You recognise this man as the ono who did not go up stairs? A. 1 do, sir. Coroner. ? Do you recognise him as thn man who fol lowed you with a knife and stabbed you? A. I do, sir. Q. Don't you think this is the man who gave the wound to the deceased!1 A. Yes, sir. y. And the man who rushed at the landlord, Drlicoll, with the knife at) ho (D.) took up tho bottle? A. That is the man. The prisoner, Vardel, was here asked what time did he leave the girl in the morning, and he unswerod, at nine o'clock. Ilarbara Whitmoro sworn and examined ? I live at 82 Oliver street; 1 go to tho dance houso as a business, at Myers' in James street; I know Vardel ? [|xunts him out In the crowd] ? ; he slept with me on Mouday night last, at my house; 1 saw him again on Wednesday night, be twen t> and 10 o'clock, in Myers' dance house; there were more men with him; two or three of them wore tall tnen; Vardel left the house In a quarter of an hour; I did not go with him; he did not sleep with me that night, nor come into my houso at all again during the night, on Mon day night he went home with me about l'i o'clock and leftabout half | last eight ill the morning; I am positive that was on Monday and not on WrdnesJay night, 1 was at the dance on Wednesday night; Vardel was not tbnre that night, but there were a good many other S|>uniard8 there. Mark Drlscoll was then re-called and askod to look round the room and try If ho could recognise any one as tho man who attempted to stab him and stabbed Mr. James on the night of thu murder. He did so, and pointed out the prisoner Vardel as one of the men who hail been ottcn in company with tho assas sins, but he was not one of them. To the Coroner ? He looks a little like tho tall man In tho face, but he is not him; one of them was dressed similar to the prisoner. Isabella Anderson re-called ? I can recognise tho two men who were in our dance house on the night of tho mur der; thn prisoner is one of their companions, but hn is not the man who did thn stubbing; 1 did not see him fur two wo ks Mm Jha murder. Catherine Wiley was re called, and answered precisely as the former witness, but admitted that she bail seen tbo prisoner twice since hi* arrmt. The Jury intimating that they wanted no more of that kind of testimony . as it was evident enough that this story had been arranged between the witnesses, tbo other girls were not re called. During the progress of the Inquest Mr. McManus, brother of the deceased, came to claim the hody, which was < In livered to him by the Coroner. The inquest then adjourn ed to 8 o'clock Tuesday morning. THE WILLIAM STREET ASSASSINATION. EXPLANATION OP THE IKIVATK W AT? IHAN 00?1 ? ADDITIONAL RVIDKNCK THAT THE BUY CEKAfiOLIO 8AI1I HI COl'LD RECOONI8E TIIK r ARTIE" IN MK. YINCENT'h CELLAR? KVIDENCB OP 18AAC T. &EAII, WM. E08T, MR. HILTON, HERMANN UARDNER, CA THARINE UIN AN , POLICEMAN LINDSAY. Tho Jury assembled, and the inquest wa* repumod )<n tcrday morning at a quarter to ten o'clock. PRrVAT* WiTOfKA* HOUR* Ml KB A.I KIIT-AX ITJO*. Private watrhman Cohen, while the jury wan waiting fur the Coroner, ap|>eare<l before them and asked k> make an explanation. The jury objected until the Coroner came. Coroner (tannery soon arrived, and swore tho wit ness on the Old Testament, hi* hat remaining on, a* he ?aid he wax an Israelite. Mr. Cohen then proceeded with lit* explanation an fol lows ? tientleasen, I liave been a tirlvatn watchman Tor six or picven > ? urn III the vicinity of Chatham mid Frank fort street*. mid have been fourteen yarn in this country; 1 was golag from French's Hotel towards William street on my best ; 1 think It wu* in the neighborhood of ten O'clock; iast an I turned tin- corner of Hogart's Mm, whirh 1 have the watch in* of, Mr. John Kenney rani' walking pretty fast; ho bad lullocd "police" before he came down to me; he laid, "Mr Vin cent i* "tabbed ? come up as quirk a* you nan," I will ? how you my club, which I aplit in rapping for thi> police; I went up with him and saw Mr Ytoeent lying on the tbor, a round table lying upside down, and the apiN-ara/iot ((f there having l>oon a general fight; I then went oat and ranped a itiusidorable Uine ? eight or ten minute* . Mr. (*utb>n. of tho Sixth ward police, rame up ; I heard a rap on the corner ol North William aud ( liathaui streets. Mr. Sultan? That wa* my rap a* I was coining Witness ? This gentleman rame to my relief alter I had rapped a considerable time; I told hiln there wa* a m m t-uldied luaide.and we went in and tried to raise the b<idy, mine aaid, ''raiee turn on a chair " we tried to rame Inm, but It waa no u*e? hh< head went right down to the floor thi.? way (Illustrating); aa Mr. Hilton waa oonvngout of the plat e Home of tb<we outeide said, " What did you let hmi go fort" ! then went out and arretted him by tn oyster atand; he went up through the Store and I followed him and took hold of hla roat and told him that he had got to come with me, when I got him down In the ?tore, there were some of the folk* who aaid "Dnnt yon go;'* I would like tocatch those folk* too; I mud "Well, fee'* *ot logo." I then went out and rapped again for aaslstanoe , my club waa not *pltt at that tune, I gave the alarm at tie' grocery store, and afterward* took Mr. Hilton off, aocne time alter 1 went In *earch of the murderer*, through Franklin and Rope street*. I ran't aay what liappened after, i wa* with the police kmkini after the murd< r> r? A Juror? Where were you rapping when you split the r ]ul>? A. I did n<4 aay I *plit my rlob Several juror* said that the witness had *wore that be ppiit Iim club. Q Were yon on the *ide of the fllobe Hotel when Mr Kenney met you, or did you come from that directum ? A. No, *ir. Q I nil you have hold of a man that evening by tho fllobe Hotel T A No, *?r. I had hold of no man but Mr. Hilton, and he wa* not by the lilobe Hotel; I walked flr?t t<> Mr Ytoeent'* . I dkl n?t rap before [ got in th'- honae I have net read the teetlmooy in the paper* ; It don't bother me al nil Mr Hilton wanted to aak the witneaa altout hi* arrest, bm the Jery objeeted. By ibe Corouer? Who were the peraon* who eried oat ? tvhy dkl yot let htm goV A. Mr Kinney and *cvor?l other' , and I aid I would go afu r hint. Sev< ral of the juror* here called the trttnsa* to veount for contradictory statement* alwiut the elnb be'tig split I'y a Juror? Are you acquainted with the persons f A I have *esn them juror? I tn*t*t upon an answer? are you acquainted with the prisoner*? A. Ye*. <J Have you had any oonvcrsat <>n witii tiie prleooor* after the arrest? Kvinaara or waao t. riai?? ii* n>*Kow?*ATa* *s hotta*? Mr Read was * worn . and tSStiied a* follows ?I live at Hotel. y Have yon anv knowledge of the turtle* concerned In the late murder In William *treetf A. Nooe whatever, to my knowledge y Hare vsa had any conversation or did von hear any thing ?*id by other* regarding the murder? A I?st Thur*day. between the hour? of five an<l *ix, I waa prevent In a lager bier *alor?n la Wtllliam street. I d?n't know the njunber; Mr. Mootsg, who wan n witne?? yesterday wa* in converiwtiwn with a young man under nrre?t (.ln?eph Ooragolio.l ay near a* I can reoolleet he stated that he knew he rould identify the fwrly or partlew in the cellar, at the time tliey were tfiere in Mr. Vincent'* cellar, if he *tioold see them a hundred years hence, wtnnh wa* an indication that he wae very p>wttive. would be afraid to identify the man or men , he stated that he said he ws? n?4 afraid of any d? n m.xn living, but he did not wi*h hie evldem* or hla MeatiAcatluo of ajiariy to be the means of hanging a man. he appeared to he jcrfectly sober. * The rluh wa* here produce* by Mr Cohen, and wa* rlightly cracked at the end. The Coroner? What ahont the deposition of Mr Ohen' A Juror? We are satisfied that he arretted a man and let him go. The Coroner said he did not recognise the man a* an officer. it remained for the Jury to say what ?ii to &? done. Mr. Cohen said ho bad authority from the Sheriff to arrest. He wu a special deputy, He would go and get hai shield which he carried around bis diggings to protect him. He expected to he killed Home dark night; he had marie up his mind to thai. Tho Juror said that tbe Jury still believed that, though an officer, the watchman had let the prisoner escape, and the Coroner must take hi* own course. The Coroner ? The Jury nay, Mr. Cohen, you moat give hall. You can si>oak to them, if you choose, You will have to give bail Mr. Cohen?Yes, sir, I can do that. How much ia the bail, Mr. CoronerT Coroner Connery ? One thousand dollars, sir Mr. Cohen Haid, "Very well, air," and left with the of fleer to procure hail. Witness continued ? Mr. Montag or myself said the young man who either a great fool or a great knave U> talk the way he did - we thought it strange that be did not want to come up and identify the parties. Ity a Juror? I did not hear him Ray ho looked nhrmigti the shutters ; 1 am positive that Una conversation took place on Thursday evening. 1BTIMONY or Wll I J AM KOfT ? HK CORROBORATW MR IUUD. Win Host wan sworn , and testified as follows ? 1 live at No. G4 Washington street, Hoboken; I was in the lager liier saloon ami heard the couvemutiou alluded to by Mr. Read and Mr. Montag; I have hoard Mr. Head's testimony and entirely corroborate his statement; I did not under stand the boy to say he Haw the whole affair; I thought ho said that he wan opposite, or alongside the store some where. urn. miTOTf maris a* RTrr.AjfiTinw. Mr. Hilton being accorded the privilege of making an explanation, said ? In reference to my being arrested I would nay that I left the premises alter the persons who committed the murder ran away from Mr. Vincent's store, which might have been several minute* after be wan turdered, an I wax stunned hy the blow whic h was given eon the head; whether 1 fell to the lloor or not I am not conscious; when I was resuscitated I left tho store for the first time; they rushed out and left the door open alter I got on the -loop I saw no person near Mr. Vincent's house except Mr. Cohen; he was stand ing a little below tho door, towards Frankfort street J told him that the persons who hail gone out had knocked Mr Vincent down; he commenced rapping with his club, and I went in the opposite grocery, to my residence, in the up per part; the blood wax streaming on my clothes from the wound m my head, and 1 went there for tin) purpose of washing; when I got through, Cohen dime n and grasped me by the arms, and said, "Old man you must go with rue;" several persons told mo not to go with hint, as he had no authority to arreHt ne", the landlord said I could be found there at uiy residence at any tune; lie laid violent hands on me, and tried to force me out; 1 extricated myself from him and went up stairs; he followed me and there told me tlM officers at Mr. Vincent's store wished to see me. and I we?tover , they wished me to give a brief statement of tho facts, which I ?lid; they asked me to go to tho Second ward station house; 1 think Mr. Cohen did not go with me to the Hecond ward station house; he dl<l not liave his hand on Be at auy time in the street, nor any other olllc.or; after visiting several houses looking for the murderers, wo went to tho Fourth ward Malum house, and tho captain sent mo homo under the protection of a policeman, saying that I wan not under arrest. A Juror ? Were the window and door shutters of Mr Vincent's place up on that evening? A. The shutters on thai evening were upon the win dows and door, but the door was partly open; that is tho way he usually tlxes them ; no one could see Into the shop unless the door was half open; when the parties who committed tho murder entered the store, they IK the door open ; tho door is a double oii^ It was open about eight inches, the door moving toward the counter, when I first attempted to go out I might not have left tho door open, because I did not take bold uf it; the door was open when tho last person camo m; I think it impossible for a person to see tho |iersons sitting at tho table i rem the opposite side of the way ; a person should be very near the door to see the parties in the cellar. liy a Juror ? Which of tho men Struck Mr Vin cent ? A. In a moment one or more thrnsteither with tho list or n dagger; one of the two on the right hand side first struck him. The Corenor? It appears that you sat at the table, and it is curious i bat you can't tel which cf thu three llrst struck Mr. Vincent. Witness ? It was done so suddenly that I could not tell; 1 was off from the table after I drank ; the two persons at Mr. Viawnt'a right side were opposite to tne; I can't lie positive who gave the first blow, this prisoner sat at tho right of Mr. Vincent, and next to him, (pointing to Do Lorento.) The prisoner (IM Iorenao) here manifested greatemotion ? weeping ami wringing his hands, and excliiiuiisg in bro ken Knglish that this man would say something for him (pointing to an officer.) The Coroner said he would not sutler this intimidation of the witness. The other prisoner told I^>renz<> not to say anything. Witness continued ? The man with tho negro hlood sat next to lie lAirenzo; tho man on the left of Mr. Vincent also attai ked lutii ; they were conversing up to tho very mo ment. ami Mr. Vincent was sitting at the lime; I sat almut a yard from the table, and two yards from where Mr. Vincent was sitting at the time Mr flneltt. an interpreter, here, by permission of tbo Coroner, explained to the prisoner Iorenri that he was not now under trial, and tfuit when the trial took place bo would Lave an opportunity to be represented. ?VIOBVrWO* IIKRHAV IIAKPMIH. Herman Gardner was sworn and testified as follows:? I am a shoemaker, at No. 10 North William street. I bavn never been In Mr. Vincent's store; I beard of the inurder aboul a (jiiartcr to ten o'clock on the iiamo night it was committed. I wan In my bouse, at work; I beard tbe rap of fhe private watchman; I then went out to the place of the deceased and found tho private watchman there, and the deceased lying in a pool of IiUhmI there were two other persons in the room; about ten minutes before tbe murder occurred I ceased working, and went along William street, and saw two persons stand ing before the brewery of Messrs. Louis k Will helm, I ih en went back In mjr house, hav ng boon absent about two or three minuu-M ; I saw no one near tho door of Mr Viucent's store. and as far m I remember do ooe on the opposite aide of the street; I might have heard in my house any row n Mr Vincent's store , I <1nl not hear any noise I believe I would know the two men If I saw them again; I ha<l n?ver Men them before; I do ixit re. cognize any ono in the room as either of the men, one of tbe men bad a little moustache. an<t of amall ?iature, droned in a 'lark coat I think ? 1 am not positive; tbe mm wore bald healed; one had no whiskcra but an imp-rial . the other wan very decently dressed, about Ove fret seven or eight inches In height, dress ed In black coat and pants, and no whiskers at all; generally the store mum optn until B o'clock, ami after that the shutters were up. when I passed down, about <piarU r to ten, the shutters ?ero up ami the door wna closed, and I ?aw uo one in the afreet except thewo two men; every thing appear* 'I dark I have not heard any names of tho probable murderers mentioned; the men stood two or three yards f r* m the bouse of Mr. \ incent. Mr I~?ac Ramus wan bfMfbt in by young Gunnery, but said he knew nothing about the murder. Coroner Connery, however, swore and examined him Me <aid he know nothing about the murder in North William street, but waa very anxious that the man who ?hot a man in Canal Street should be caught and hung, and be w><ukl like to bo on* cl a committee to hang him. He tlnnight all person* who carried arms to shoot people down MrM to be hung. Tbe Coroner wan very part < ular in taking his teat many, and after < ausing him to sign tho deposition allowed him to d< j-art John Isy was brought in by an "Ulcer suspected of l>e Ing "fie n| the partii ? cngsgixi in the murder Mr. IlilUin ?aid. after a close inspection, that the prisoner wan not one of the men a* also did Oragolto, the boy, who said he knew hitu slightly. ?vii.K?<a o? rinMWni gun**. Catharine Keenan was sworn . and te?t ill ?d that she knew nothing of the murder exempt what she heard afterwards. She snp|Misrd ?lie waa called to show that she was in com pany with Mr Vln< cut at noon on the day of tbe murder, from eleven to half |?st one; knew him for eighteen month*, and never knew hltn to apeak against hat rather, imimnioe romiwAS um*r. I'oliceman Undue y testified to arresting tbe prisoMr, Ifl cbael deljorenw. in Vandewaier street, Vo. S, be was n bed and woke up out of a Hound sleep Mr Hilton ? ?? w th me, and asked him if he had nut taken a drink witli him m Mr Vn ent ? be did not appear to understand tti^iish, I askej Mr. Hilton if he was the man he Mt?4 at lorn some tftne. and at last said he thought he was. but waM not sure, he would like to see Mr Vincent ? son and have him see this man before be was let go, the pr "Winer ap peared perfectly willing to go with me; he understood me, and immediately comenced dressing iwmiirtrnr jisism surmmtJ. Jcweph Martinelli jra*" the following evidence, thrnagh John Ccragol ii as interpreter. The C<*on>-r left h,? chair, which was occupied by young <onnery. I lire in Vande water street m M u lay last I was down at tbe Barclay ?treet ferry. (The Interpreter not proving competent, Mother gen tb nmn wan sett for). t ram is Mctteroicii waa brought in after aomo delay, and sWi rn to a< l as Interpreter The w ines* then testi fied as follows ? I live at 3-2 Vamle water street, on last M?nda\ fri m 6 o'clock A. M until .1 1, P M I was n He?t tfoboken , I treat out hunting robWn?; T started 'n ? mpany with two Italians, one was named Pasqual Papa, I do not know the name nf tbe other? his first name ?iw Ion* Wenv< one wore a whit' hat, blue overcoat ai>l black |>ants he had a little whh-kcrs. the other man was almoin live teel seven inches tall, he bad a light over" at, dark \?et and bl*i k pants , when we returned from i ho city they aefarated from me in Barclay ?trcet, and I did not see ihem that evening afterwards I saw one of there yesterday morning, it was Loots Oenve. he liviw irt ihe same house wth me, he W'fit away veetcrdsy. I don't know where he has no family the Iwt ture of tho room belongs to me he went to take a i*?itton as a hwher; don't know where we never talked *' <? th" murder I heard about the murder from fcefoti l?e.wgeio I was i toM rt the murder on tbe morning after. sl>o>ii io clock I dsl not hear any ->ne lutpected ?f the murder I have no sua pic ion Whatever whocmmit-i the murder, I It. Mr Vinccnt . cellar (The witness horo Wenl.fted tho two prisoners and their wives. * ho were In i the ('?? m having been over ? Hoboken with him In the morning 1 The hail of voung Oragr-lio was here sworn as to hie proper ty beiag tr +wr ihan W OO.., the amount of bad rc MtMMWMM tlMrt I f the last prisoner waa not kU*ii Red the *rmer should be liberated, the case was adjourn *tbMO?W*?M*'KW*in|t as to the propriety of keojv irff the yourgi r pri-oner White Mr -p neer, hw coon ?, i sUted that ?s S.sw as the prisoners had an importunity ?hey would show (-onclu?lveiy where they were at tho I, me of the murder Tbe jury ravored the release of White bnt officer ?teaman MUd that several fnenls of the prtroMT had left the city Mr >*pem*r objected to the ?!at?-ment. and remarked that th.it h.??l bo.-n already proved It was dei ided that the prisoners White and J t< reiiio should be kept in prison until Monday .to which time [OnNTlNU? ON H?HTH PAttEr]