Newspaper of The New York Herald, March 21, 1873, Page 7

Newspaper of The New York Herald dated March 21, 1873 Page 7
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THE BRITISH MINISTRY. premier Gladstone Proclaims His Resumption of Office to Parliament. !The House of Commons Crowded and a Large Attendance of Distinguished Visitors?The Great Party Chiefs Saluted with CheersCabinet Definition of the Crisis and Its Conciliation?Disraeli's Exposition of His Position, Duty and Grand Difficulties?Prom Ireland to Central Asia and Thence to Geneva. TLIECRAKS TO TEE NEW YORK HERALD. London, March 20, 1873. *" Parliament reassembled la session in the afternoon to-day. The attendance of members of the House of Commons was unusually numerous, and the galleries were filled almost to suffocation with Visitors. The Interior of the House presented an unusual spectacle in anticipation of an Important communication from Mr. Gladstone announcing the termination of the ministerial crisis by his return to office. All the benches were filled with members, and the opposition mustered in considerable force. Among the distinguished persons present were PrlnceArthur, the Duke of Cambridge jand Prince Christian. Many members of the House fcf Lords also attended In the gallery set apart for s Jiecrs. As Mr. Gladstone and Mr. Disraeli entered the pouse loud cheers were successively raised by ^helr respective supporters. I'l&KUfER GLADSTONE'S SPEECH ' When Mr. Gladstone rose to make Ids statement the cheering was repeated, this time from all parts > pf the House. The right honorable gentleman said he was now ftble to acquaint the House with the fact that he ? fend his colleagues In onice, with Her Majesty's permission, were prepared to carry on the government as before. lie explained lully that "it was Dnly after the party opposite had unconditionally Refused to form a Ministry that he and his friends bad consented to resume office." Mr. Gladstone added that the Queen had given him permission to read an extract from a statement he had made to Iler Majesty. It was to the Iffect that he did not snppose that the efforts of (he gentlemen of the opposition to defeat the government were made with the deliberate Intention of refusing to organize a Cabinet tf it should be required of them; but the summary refusal given when the occasion arose he considered not tally in accord with the exigencies of the case nor with parliamentary usage. The Premier's statement was frequently intertnpted by applause, which was warm and long Continued at the close. Mr. Disraeli explained the conrse he had thought proper to pursue since the beginning of the crisis. He confessed tbat the differences between himself gnd the Irish Catholics were Insurmountable. A. Hew Cabinet would require until Easter to get into Working order. Even then It would have to deal With financial estimates made by its predecessor, nd would probably be outvoted every night in Parliament. A dissolution of the House had been uggested. But why dissolve? Sitting on the opposition beaches he and his friends had difficulty In forming a policy on so short a notice; and it was not to bo expected that thoy could appeal to the country without h policy on questions more important than that of the Irish University bllL There were many questions on which It had been impossible to mature a policy, even in opposition, such as the Central Asian <pfficnlties, the new rules introduced into international law by the Geneva Board, the payment of the award for the Alabama claims, the commercial treaty with France and others of equal magnitude. All things considered, he had felt It to be his duty to decline the responsibility of Organizing a new government. The yueen her sell bad suggested a dissolution of Parliament; he had declined to advise auch a step, and stated to Her Idajesty that In his opinion there was no adequate reason lor the government to resign, and that it night return to office withont the slightest loss of bouor and to the greatest possible convenlenco of the public Interests. Mr. Disraeli closed with the remark that possibly some of his supporters in the llouse might be Dissatisfied, to which there were load cries of "Nf I" "No!" Statement tn the House of Lords? Ducal Endorsement of Disraeli's Genius. London, March 20, 1873. In tho llouse of Lords Earl Cranville announced the decision of the government In a speech differing little from that of Mr. Gladstoue. The Duko of Richmond defended the conduct of the leaders of the opposition In the crisis. It had been asked, It Mr. Disraeli was not willing to undertake the task of formtug a Ministry, why did be labor to pat the government in a minority tn the House of Commons f He combated the Idea of in consistency, and eulogized Mr. Disraeli, who, he leclared, had "Increased the lustre or his fame as ft statesman by his wise, patriotic and unselfish fetlon in the prcseut emergency." CUBA. fpaniih If aval Command?Insurgent Battle with the Government Forces?Trade and Finanoe?Blackmail by the Way. TELLERAM TO THE NEW YORK HERALD. Havana, March 19, 1873. Rtgada, the newly appointed Admiral or the Spanish fleet in Cuban waters, has entered upon the duties of his position. The Spanish steamer Chlckamauga has arrived lit this port rrom New Yerk. thadek8' operations in finance. At a meeting or the Guild of Merchants It was decided to apportion the nntakcn bonds of the Dew loan among the merchants or Havana. The parties to whom the untnken loan Is allotted will be left at liberty to subscribe or not for the amount t Which may be apportioned to each. iNstrmoBNT battlb with tub sraniahds. On the 13th Inst, the Insurgents attacked the town of lairolal. Troops from Holgntn arrived and the Insurgents were repulsed. Several engagements are reported to have taken place In the Central Department. 'The Havana laborantea Claim that the Insurgents were victorious. bandits and blackmail. Bandits arc operating In the vicinity of Batabano. Several persons arc p ported to have been Jvllled by the band. A battery of artillery and a squadron 01 cavalry have gotie to operate lu the Vicinity of the Old Troc.ia. HEW Y ENGLAND. Chanoellor Lowe's Budget Calculations?The Bank o! England Forgeries Case?The AngloHibcrniaa Biotons Demonstration?Alarm in the Coal and Iron Districts. London. March 20, ms. Mr. Lowe, Chancellor of the Exchequer, will pre*sent the annual budget about the 3d of April. U will show a revenue of $.3h<kooo,ooo aud expenditures to the amount probably of $3.15,000,000. the bank ok england porukkie8. Noyes, the alleged confederate of the parties who committed the great forgeries on the liank. of Eugland, was up before the-Court lor examination to-day. Witnesses for the liank gave their testimony, and the case was adjourned, the prisoner being remanded to Newgate. klow op bullion to ttib bank. The bullion in the Rank of England has increased ?53,ooo during the past wok. iuot and combination, in the coal and. 1110n districts. Thft t irvfr in Wnlvftrhamnh.n rhn dnv KrtfAKrt waatnp. day was between the Englishmen ami Irishmen employed In the coal mines In the vicinity oi that town. The trouble had been brewing for some days, aud culminated on Tuesday in an upon conflict. The authorities have arrested ovor a hundred of the men who participated in the riot. A despatch from the scene of the dlaturbanee this morning says there are indications of a renewal of hostilities to-day. The English miners threateu to strike unless the Irish employes 'are discharged. The shopkeepers of Wolverhampton, apprehending rloilng and depredations, are closing their places of business, and there Is much, alarm uuioiig the.citizens. SPAIN AND FRANCE. Serious Correspondence Between the Chiefs of the Republics?Castelar's Case Against the Versail.es Cabinet?Clerical Combatants and Their Cost TELEGRAM TO 7LEJNFW YORK HERALD. Paris, March 20, 1873. Important correspondence lias passed between France and Spain. It grew out of certain atrocities perpetrated by the Curlist chief, the cure of Santa Cruz. The French government eoniplainerl that Santa ?Cruz and his baud had killed four French officials on the Northern Spanish Railway and carried four others into the mountains. Sedor Castelar in reply expressed regret at these outrages. He remarks, however, that most of the Carlists were equipped in France, whence they have since drawn supplies of money and provisions. The curd of Santa Cruz himself sojourned some time in Rayonne beiore passing into Spain, and was not interfered with. Numbers ol the Carlists wear the uniforms of French mobiles, and many Frenchmen of noble rank are serving with tiie insurgents. He states In conclusion that the government is taking all measures to put a stop to these excesses, and recently seized as hostages the mother and sister of the cur<5 of Santa Cruz. FRANCE. Parliamentary Elections?Marshal Bazaine's Case Made Beady for TriaL TEI FGPiM TO THF NEW YORK HFRAI n Paris, March 20,1873. Elections to fill vacancies in the representations of several departments in the National Assembly have been ordered to be held on the 27th of ADrll. marshal bazai.nk's trial. The preliminary Inquiry into the case or Marshal Bazalne has been concluded. Nothing has been decided upon touching the manner and place of trial or the composition or the tribunal before which the case will be heard. The friends of the Marshal are now allowed to visit him. ITALY. The Empress in Italy as an Invalid. e TI LLCF./.M H HE HEW YORK HERALD. Florknck, Mareh 20, 1873. The Empress of Russia has arrived In this city. Her Majesty Is journeying to Southern Italy, where she contemplates remaining some time for the beneflt of her health. BURGLARS IB FITTSTON. The Post Office Broken Into, the Safe Opened and Robbed and Registered Letters Carried OIF?Another Establishment also Entered and Robbed. Pittston, Pa., March 20,1873. At on narlr Timir thia mnrninir If wdu Hia/tavnend that the Post OOlce had been burglariously entered, and, upon further examination, it was found that a safe which occupied a position In a back part of the office was blown open and rifled of its contents. The thieves must bo adepts In their profession, for, in addition to robbing the safe, they ransacked the letters in tnc office, and appropriated all those that were registered, only leaving the others in their place. When I visited the office this morning there was a large crowd of persons there, speculating as to the probable manner In which the daring robbery was accomplished. The floor was covered with the debris of lath, mortar and mall bags, and Mr. 0. M. Klchart, Postmaster, and his female clerks, two pretty brunettes, were completely confused. Mr. Kichart Informed me tnat the exact amount ot the robbery could not be estimated. The sale contained a sum of in>ney belougmg to the hplscopal Congregational church amounting to about six thousand dollars and postage stamps amounting to $l,loo, which were taken. ANOTHER BCKIJLAKY. Almost simultaneously with the Post Office robbery it was discovered that a safe In the office or Charles Ptigli was also blown open and rabbed of Its contents, a large hole In the celling ot Mr. Pugli's office attested the force with which the safe exploded. The explosion was effected by Introducing powder Into a small hole through the door of the safe and probably Ignited by a fuze. These daring robberies have created quite a sensation here. It is understood that tliey are the work or a professional gang of thieves trom Philadelphia. No clue to their discovery has as yet been obtained. Wii-fcojLLiJMtf AT THE HUB. Lant and Aimworth GIt? an "Kxhibltion"?Thr Former Declared Victor by "Long Otl?l?." Hosto*, March 20, 1S73. An exciting wrestling match came off at the Bt. James Theatre this evening, between the renowned Homer Lnne, ef Brighton, and Alnsworth, of Connecticut. The contest was more to see who was the "best man" In his peculiar line of accomplishments, rather than for any magnificent financial wager. An equal division of the admission money after paying expenses being considered an equivalent. The theatre was occupied by about six hundred of the admirers of wrestling and kindred sports, and be ts were numerous and heavy, the odds all the while being in lavor ot Lane. At the start, after a little preliminary skirmishing, the Brighton athlete got an inside lock, and both went down, but there was "no throw" according to the ruling of the relcrec. Subsequently Ainsworth Jerked I.anc upon tils bread basked, and then again on bis knee; but the latter was uiuiule and saved himself, finally getting a heel lock on his rfval and bringing him down in a mannar as sudden as it was handsome. At tne second scratch there was a period of torpslcnoreau exercises, during which Alnsworth twitched Lane upon his knees and ripped off the collar Of Ins root. Anntimr mm >14 MII >1 ill I I'll and the couiest renewed, when Alnaworth got a cross-too lock en Lane and brougnt nun to tite floor m the twinkling of an eye. Ths excitement at thla period wan ing.t, ami while the sympathies ol the "large and select" audience were with the Connecticut contestant, there were lew who had cenfldence In hint. An even Dot of J.'ax) on Lane and several of $100 against ?6o found no takers. *t the third and last tusaie Lane went lor an inside lock, and a long and poweriiit struggle ensued, hut Ainswoitli resisted it successfully. Then they danced a sort 01 sailor's hornpipe around the stage, w ndlng up Willi Alnaworth retting the most oi it qud OK the Uuuoi a of tko contest. DRK HERALD, FRIDAY, THE END AT HAND. To-Day's Tragedy of Justice at the Tombs. FOSTER'S LAST DAY OF LIFE. The Doomed Man Clings to a Groundless Hope. THE PREPARATIONS FOR EXECUTION. 1 lltv T.Oat .A Sam Xlim . MW MMMV MUV4 v VV MUfO ** I IH UJf C| Writ of Prohibition. The scaffold upon which William Foster, tho condemned murderer of Avory L>. Putnam, will tills morning surrender his life in expiation of his crime, was erected yesterday afternoon in tho courtyard of'the Tombs prison, and at daylight tfus morning.tue pulley, rope and clasp will be run through the eyelets and over the block wheels. It Is a common-place looking machine, consisting of two uprights aud a r rosso mm, with a platform of planks beneath it resting on tho paving stones of the Jail yard, and is painted a deep slate or lead color. About the centre or ttio beam is a small iron pulley wheel, awl near the riglit hand shoulder Is another similar wheel. At this right hand post an upright bixx or enclosure, about four leet square and twelve feet high, is built, and in this apartment is suspended the weight which is to act as a counterpoise to tho culprit when the signal of death Is given. This weight of about three hundred and fifty pounds will be connected, to the main cord traversing the pulleys, but It will bo suspended about six feet lrom the ground by a stay rope, and the cutting of this suspensory cord will allow the weight to fall, thus bring a tension upon the Hue running over the pulleys. As a consequence the end of the rope to which the clasp aud noose arc pendant will he drawn upwards With a tremendous Jerk, aud will carry with it whatever object niav he at the time fl.Ltar.heil t.n it. The niila/O. u ol course* to break the neck of ttie culprit hy tlio suddenness ol the upward movement, but the plan is less effective tliuu the "trap-drop," and death usually ensues hy strangulation merely, THIS UNU1NK Of DKATU has already done extensive public service In this city aud has, in addition, been loaned to the authorities of other couuttes in the State. On this gibbet died Bernard Friery, the murderer of Hurry Lazarus; Frank Ferris, the uxoricide; Jerry | O'Urlen, who drove a iish knife through his mistress, the weapon piercing her heart and coming out at her breast; Georgo Wagner, who loit an axe so deeply Imbedded in his wile's skull that, it took great exertion to withdraw it; Jack Keynolds, the idiot* whose death falsilled his own prophecy that "hanging was played out in new York;" John Real, tiie assassin ot Policeman Smedick, and John Thomas, a negro, who slew a man of his own race. These died at the Tombs. But the Brooklyn authorities borrowed it and used it to execute Gonzales and Pelllssier, the murderers of Otero, and Rogers, who clubbed the Lie out of Policeman Donnelly. Huckhout, the Sleepy Hollow butcher, who ihot his wife and friend on a Thanksgiving day, paid the penalty of his crime vii >u? guuuuiu ai nunc riMiun, anu u lias ueen used up the river, at various times aud places, us far as Newbury. A fearful history for so Insignificant a structure I Its predecessor is said to have been cut up tor kindling wood. TDK SCAFFOLD NOW STANDS in the accustomed position in the southwest corner of the yard, with its roar to the entrauce of the women's prison, and an awning will be stretched over it this morning to prevent either sunshine or rain from falling on tue spectral timbers aud to shut the view obtainable from adjacent housetops. The uprights are each eighteen feet m highth and the crossbeam is about fifteen feet in length. The rope wlil be entirely uew of the best hemp, of four strands aud closely twisted. The noose will be attached to the swing-rope by a wrougnt iron clasp and will be worn by Poster as he approaches the scaffold. So far as possible all "note of preparation" was hashed yesterday aud save the clatter of the timbers and occasional thumping oi mailets no sounds that could be avoided were heard. The timbers are fastcued together with wooden plus and morticed joints. FOSTER'S LAST DAT of life was a peculiarly gloomy one, even for a man in his dread position. The cells and corridor of the prison arc never cheery looking, but the raincharged pall of gray cloud tnat hung over the city yesterday, dropping Html spultcrings against his narrow window pane, had a depressing effect upon the man and upon all lus surroundiiirs. He retired to sleep about one o'clock on the night of Wednesday and slept latter yesterday morning than has been his custom since his condemnation. As usual, his first visitor was his wile, lie ate sparingly of the breakfast which was prepared for him. When his wife crossed the prison yard the timbers of the gallows lay where they have since been erected, and ono shuddering glance told that the uuhaDDV woman divined too trulv what tineir meant. When she bad been a little more than an hour in the prison her emotion* overcame her and htie was seized with A SWOONINQ FIT. Foster's sister and brother-in-law were present and Immediately summoned aid. Restoratives were applied aiid In a short time she revived, but gave evidences of severe nervous shock. This was the second time Mrs. Foster has been thus prostrated, and aroused a tremulous anxiety ou the part oi Foster which he had not previously exhibited. On Wednesday night, about hall-past nine o'clock, her fortitude forsook her and she sunk tuto a state of unconsciou.-ness. but under the gentle ministration oi kind frieuds, among tlieni the prisoner's sister, she rallied, and soon afterwards leit the prison for the home of tier premature widowhood?the torn nest of her orphaned brood of little ones. FOSTKB SRCLtTDED ITIMSKI.P from the gaze or his fellow prisoners yesterday with a stndled persistency in marked contrast with his habit of preceding days, and which seemed to indicate that he had at last begun to realize that longer maintenance or hope was a delusion, it has been his custom hitherto to pass the greater part of the day in the corridor with his friends, but most of the time yesterday he spent In his cell. Rev. Dr. Tyng spent some hours with him In sacred communion, and Rev. Father Iiurangiiet and another Catholic clergymen also visited him for a lew minutes.' Rev. Mr. Hchomraaker, Chaplain of the state Prison at filng Sing, also conversed With Foster for a short time, and urged upon hiin prompt aud earnest preparation lor (lie lite hereaitcr. it la said by those who have had the best opportunities of observing his conduct that Foster displays comparatively little outward evidence of the benefits of the spiritual attendance lie has received, and it is believed that this lact has been largely due to the persistence with wnlch he has hoped and believed that mercllul INTKKFOSITION WOULD COME from some quarter or as the result or some of the many streuuous efforts made In his behalf. These have so distraeted and deluded his thoughts that he has not been able lully to concentrate his mind upon the scheme or Ills soul's salvation. He never conceded that his body was In snch terrible Jeopardy, and even yesterday aiternoon had hopes that the attempt to obtain a writ of prohibition would be successful. All the religious interviews yesterday took place In his cell. last nig lit in ritisoN. Foster's father did net visit him at all yesterday and win not see him again in life. He took his farewell of his son on Wednesday night In the privacy of the prisoner's cell. The prisoner's mother has not visited him during his Incarceration, being an Invalid, and her son to-day passes from the world with no maternal farewell from those Hps that ilrst taught him the prayers he failed to heed. Mrs. Foster, the prisoner's wife, left the prison In company with Foster's brother and brotuer-lnlaw, Deputy sheriff lJaubury accompanying her to the carnage. The poor lady was catui, but It was mure like the calm of a terrible despair than aught else. It is not known whether or not she will return to take the final farewell or her husband this morning. They also parted last night in the Hai red solitude of the cell, ihus avoiding as far as possible any outward manifestation of the grief that overshadows them or of the affection that gives birth to that sorrow. Foster, alter the departure of his relatives, re nirneti to ms accustomed seat in the corridor near the stove, ami engaged at tutervals In conversation with Ills keepers, Ueputy rthoriris llanbury and Seebacher. He spoke but little, however, and seemed to be engaged In deep .meditation. Ilia cell door was open near him, hut he manifested no desire to sleep. Hours passed in this way. AT TWKI.VK O'CLOCK, MIDNIGHT, tHte verge of the day on which he is to die, Warden Johnston visited the prison and spoke to tho doomed man. "About what time do you ao to bed f*? asked tho Warden. "Well, along abqut eleven g'ejock, gener. MARCH 21, 1873.?TRIPLE ally," replied Poster; "that It, when f get sleepy, but I am not sleepy to-night." No wonder li was not sleepy. Twenty feet from him the guuut scaffold reared its outlines ilimiy in the INKY BLACKNESS OP TUB NIOIIT. and would be Invisible were t not lor the gleaming ot the lumps ou the walls in the prison yard. At most he could nope lor but ten hours oi time ere he closed Ins eyes In a sleep thai may endure lor ages?the great riddle of the luture, tie unsolved problem of the world. At one o'clacK this morilug he still sat in his chair, silent, save at rare intervals, but with no signs of fear about him, ami nothing whatever of bravado, a quiet and apparently resolute man. Wbcu the metropolis this morning reads these lines he will be making als toilet of death and preparing lor tne great mystery which will he solved to him by noonday, leaving the world behind hun to ponder on the problem-as It has done for six thousand years. Warden Johnston remained in the prison all night prepared lor any emergency and ready tor the sad work of to-drny. Sheriff lirennan visited the prisoner twice yesterday and had briei conversations of a irlondiy nature with him, as did also Warden Johnson, who has been unremitting In his attentions, so ihr as they have been of avail, in rendering Poster's DOHltlnn I'dinlfli tiililp. AHOl'T SIX HUNDRED 1'ASS KM, In the lorm of temporary aiipolnttiieuts as deputy sherlit's, -lo assist, in preserving tne puitllc peace,''. Ac., have been issued by Sheriff lirennan, and about six thousand applications were made without avail. Nearly ah oi these permits luive I een issued to puiilic officials, physicians and the pro**, and to such laymen, the jurors aod others who, under the law, ure expected to lie present. Front tne peculiar formation ol the jail yard about onehalf only of the persons to he admitted will be able to witness the execution. The clamor lor tickets of admission at the Sheriff*! Office yesterday was ol a character that reflected in a measure the tearful morbidity that prevails among too many men. Not one ol the applicants probably had aiiy sort oi business or even motive in endeavoring to be present save the brutal desire to see a lellow being writhe out hla liic by a violent, disgraceful, and too Irequeutly uncertain mode of death. As an example the lollowiug CURIOUS INCIDENT will bo sum -lent. Mr. Theodore Moss, manager of Wallack's Theatre, happened to be in the Sheriff's oitlce about half-past three o'clock in the aiternoon, and the crowd who were clamoring about every attache lor tbe coveted uiouruiug-bardered htiu-te knew that in hall an hour the oitlce would close and with It their prospect of success. Mr. Moss was In oue of the inner apartments, leaning over a desk, and a friend requested "a pass" lor the theatre to witness -David tlarrlok." The crowd got wind id' the (act that, he was writing "a pass" and had authority so to do, aud almost instantly ho was besieged by a score or two of suppliants, who lollowcd hint and begged that lie would accommodate them. It took somo minutes to convince thom that he was running high comedy up town lus'ead oi heavy trugedy at the Tombs. The .Sheruf's posse oi deputies lias boon notified to assemble at the Sheriff's oillco at eight o'clock

ihi8 morning, wheuce they will proceed to tho priHon, two abreast, beaded by Sheriff Urenmin und Under Sheriff Slovens. 'I'liey will boar their Htaves Of oltlcc and wear their shields, both Of these emblems being shrouded In crape. A force oi ubont t hree Hundred police will preserve order outside the prison, and will be under command of Captain Kennedy, ui the Sixth precinct. AN EFFOSLT FOll A WillT OF FttOHIBITION* Foster's Counsel's hast Resource?An Informal Application to tlte Judges of the Supreme Court. Yesterday a linal and desperato effort was made by Mr. Allen, oi counsel lor the doomed man Foster, to obtain through the Judges of the Supreme Court, General Term., a further stay of proceedings in the shape of a "writ of prohibition," preventing the execution of sentence of death on William Foster to-day at the City Prison, Centre street, by Sheriff Hrennau. This attempt, which was undertaiteu as "A DKKNIKK KKHOBT" by counsel, and with but little hopes of success, proved abortive, but only after grave consideration ou the part of Judges Ingrahum, Davis and liarre U, ol the Supreme Court, now sitting in General When the rumor spread about the City TTall yesterday morning a IIkhald reporter called at the oillce oi'cx-Judgc Porter, Foster's leading counsel, on Broadway, and he there learned that that gentleman was con lined to his borne by Illness, and that he had abandoned all hope lor Foster, believing that there was now MO MOTION LKKT which could be made in Court that would delay his execution. The reporter subsequently learned that Mr. Allen, who was associated with the late Sidney II. Stuart in Foster's first trial, and who, though he now fills the position of Chief Clerk in the District Attorney's oflflce, lias been very much interested In Foster's late and has appeared lor him on several occasions, entered the Sheriff's oillce at an early hour yesterday morning, and as Foster's counsel asked to see the document which the Sheriff had received from Governor Dix announcing that the sentence of Foster was suspended irom the 7th ol March to the '21st inst. This document, which was addressed to all whom it may concern, and not to any one in particular, meiely ANNOUNCES THE SUSPENSION of the execution of the sentence of the Court from the 7th of March to the '2lst inst., on which date it suull proceed unless lurther orders should be received from him (the Governor) to the contrary. Alter carefully examining this document Mr. Allen went before Judges Davis, lngraliaui and Barrett, in their private room, an J stated that he did not wish to make any lormal motion for a writ of prohibition to open Court if It would be useless. The circumstances of the case, he said, wero too terrible to warrant him in making any nubile motion at such a juncture, and he wished to give the Judges time for PKIVATK CONSULTATION and ascertain lrom them beforehand what course tney wouiu lane snoum tue motion oe maue. lie then submitted IiIb reasons for making the application, which, an subsequently stated to a Hkkalu reporter, were substantially us lollops:? That the order of respite sent to SherllT Prennan by Governor I)ix on the fith of March last was lniormal and not an order oi execution lor two reasous? First?'That It commenced with the phrase, "The people of the State of New York, to ull whom It may concern," Instead of the usual phrase in such cases, "To the Sheriff of the city and county of New York," Which was. counsel contended, "A MANIFEST EKKOK" , and contrary to all precedent. Second?That the whole order should have named the time and place of execution, according to section ID of an act, in crimes punishable with death, ol the Revised Statutes of the ntato of New York (Bunks A Brother's fifth edition, volume 31, which implies that It Is absolutely necessary that the Governor name T11K TIME AND TUK PLACE of the execution when a respite has neon granted by the Sheriff for lusanlty, or by himself for any other cause; und section XI of the same act, which says:? Whenever any convict shall be sentenced to the punishment of death the Court, or a major part thereof, of whom the presiding Judge shall l>o 0110, shall make out, sicn ami deliver to the Sheriff ot the county a warrant stating sucli conviction and sentence, and appointing the day upon which xentcuca shall be executed. Counsel concluded that the document in the hands of the Sheriff was not a warrant authorizing Sheriff Brennau to proceed with uie execution today In the sense of the above statute. It was, ho Mid, an orokr for rkhpitk, but not an order naming time and place of execution. Section 23, page 679 ol too Hevlsed Statutes (Edmunds' second edition), was then submitted by Mr. Allen to the Judges, which positively lays down that when the execution of a sentence, In which the penalty Is death. Is delayed for any cause beyond the ttiue appointed by the Court, the District Attorney, or any alllcer by his authority, shull have the power of bringing the prisoner Into Court, or if he be at large have him arrested, und after the examination of the (acts have him resentenced. A Herald reporter had a conversation with Mr. Allen, in which he explained what he meant to do in case the Judges indicated that they would accede to his motion for a writ of prohibition should it be made. It was his Intention to move yesterday afternoon that Foster be again brought into the Supreme Court, General Term, and have him resentenced. ItKruHTKK? Would that proceeding involve additional delay f Mr. Allkn?Certainly. The Revised Statutes I quoted expressly provide that an interval or not less than (our weeks and net more than eight Intervene between the delivery of tlio sentence by the fionrt and its execution. Judge ingraham actually suggested that, as there seemed to bo i: ft A VIf nrif'HT abont the matter, Foster be brought up to the Supremo Court, where they could hold Oeneral Toria and resentence him to death to-nmrrow. It tlioy should do tins, however, I had a stronger motion than ever to make. Alter several hours' deliberation and after the most carelul consideration of the matter the Jmlircs sent tor Mr. Allen and informed turn that If a motion tor a prohibition ot sentence hy Sheriff Brnaaan were made in open court It would be denied ou the grounds laal before them by Mr. Allen In their priv ate room. A NEW MODOG C0MHIS8I0NEK. Washington, March 20, 1873. E. Thomas, of Petalutna, Cal., has been appointed Peace COU'.jntsatoacr. vice Applegate, resigned, SHEET. BOSTON'S DOOMED MURDERER. Hanging Not Playetl Out in Massachusetts. Preparations for the Execution of McElkaney, the Wife Murderer?On the Bank of the Dark Biver. Huston, March 20, 1873. James McEllianey, a wilful murderer, is to pay the penalty of his crime on a scaffold, In the Suffolk i-ounty Jan, to-morrow loreuoou. urn crime is not of ao aggravated a character In all Its details as ftiat or many a man who has escaped with trivial puuishment, and probably ir It had not been for the murder epidemic which has prevailed so extensively of late he would have got off with State Prison lor lile. He' committed deliberate murder, howevor, was convicted of it alter a lair trial, and was sentenced to the extreme penally. Knergetlc efforts to save the condemned have been made by some of the representative men of ibe community, but Governor Washburn, like Governor llix, of New York, believed that the safety of the community required that justice should lake Its course. TUB Ml/KDKK AND TI1B CIUCUMSTANCES. The victim of McKlhaney was his owu wile. lie had been separated from hor through the manumvriugs 01 the inevitable motlier-ln-law?a Mrs. ltoberts?and on every occasion when ho had tried to have an intervlow with her the mother-in-law interfered. In fact, she had such control over her daughter that finally she got even her estranged from tho one she had sworn to cherish und love. It was under these circumstances that Mcklhaiiey went to soe his wifo on Wlnsor street, at the residence of tho mother-in-law, on the afternoon of the 17th of August last. lie gained access to a room whore she and their only child were seated, aud almost instantly drew a revolver and shot his wile doad. The other occupants ol the house, hearing the report, rushed in, and tho mother-in-law among them. Without pay lug particular attention to anybody he immediately FIUBD Til KICK I1ALLS INTO 1IIS OWN IIKAD, and, strange as it may aceui, not one of tnem was fatal or dangerous in its consequences. They all struck the skull and tore their way through tho flesh, and lodged harmlessly in the side or the room McElhaney was not even rendered insensible by the wounds, but lull oi a sense ol self-preservation, ho leaped from a second story window Oil to the sidewalk and then run for liberty. An orilcer In the neighborhood, seeing the bloody fugitive, divined that something was wrong, and captured and took him to the station house, lie denied that be meant to kill his wifo, and Insisted that the first shot, like the three wnlch followed, were intended lor himself, and tins was one of the points of the deleuce. Insanity was also urged, but medical men disproved it. That thee murderer was aggravated by domestic troubles and a meddlesome mother-in-law is admitted; but his own personal record was bad, and lrom a circumstance which transpired only three days before the murder it is clcur that the crime was premeditated. This cireuingtunce consisted ol the forgery ol a deed of a certain amount oi property held by lus wile, and In procuring the legalizing of the deed he hud his own sister personate his wife. The natural presumption is that, the wife being out of the way, the property would then fall into his hands?hence one reasonable motive lor the crime. TUK Till AL AND CONVICTION. The trial took place iu September lust, and the accused was ably <lelunUe<l i>> George Nlunott, a lawyer who received considerable renowu by defending that deluded abolitionist whose soul Is said to be "inarching 011." The evidence was plain and direct, and the conviction and sentence which followed were creditable to court and jury. EKPOKTS POR A COMMUTATION. The antl-capltal punishment philanthropists were early on hand and besieged the Governor lor Kxecutlve clemency. Their chief point was that the murder was the result ol insanity, and in order that the question might be settled the Governor granted a reprieve for one month. The claim was not sustained, and etiorts lor a new trial then followed, both the Legislature and the supreme Court being invoked to secure It. All failed, Uowever, and the Governor has ordered that the condemned shall huag to-morrow. Among those most clamorous lor Kxccuiive interference was Wendell Phillips, ami in Ins arguments ho attacked Mr. Slunott lor lacing to properly delend his client. Mr. sinnott replied a lew days afterwards lu a public letter, which bus attracted considerable attention. It was caustic and criticising to a degree which challenged even the learned Phillips, and he has never attempted to meet its arguments. KESIONBD TO HIS PATE. James McElheney will therefore tie hanged tomorrow, at eleven o'clock A. M., should nothing intervene. His Irlends and advisers have given up all hope of a commutation of the sentence er a reprieve. Though naturally of a nervous disposition, and feeling his situation keenly, the prisoner is resigned and penitent and calmly awaits his end. His enl; outward manifcstlou of concern when alone is an n]>|iwirui III > vi III! i HI j i iiwniiiK nine mim >?i lu.-t iiaiinn , but not u word ol allusion to his rapidly approaching late escapes his Huh to bis prison attendants, timco tils Incarceration he has occupied cell No. w, In the cast wing of the Charles street Jail, but lor the reason that it was not so convenient to the officers and less Iree from Interruption he was on Wednesday night removed to cell No. U in the south wing, lie occupied this cell several hours, when he said he did not feel at home there, au<l the Sheriff kindly allowed mm to return to his old auartcrs, for which favor he was very graterul. Is lather and mother yesterday passed several hours in his compuny, when UK HXKCLTKD ItIS WILL In their presence, affixing his signature In a clear haud, iu marked contrast to those or the witnesses to the document, whose sympathies exciXed their nerves almost beyond control. Last night was passed quietly, and to-day Ills lather, mother, two sisters and a cousin visited litui. They spent an hour and a naif in his company and took an affecting and tlnal leave. In parting McElhency naturally exhibited more than ordinary emotion, which he soon controlled, however, alter they were gone. These were the last callers he was to receive, and, according to his own request, noue others are to be anuwcu ui cum in u ii mure nun uuii uuvu bm execution, except the officers of the jail and the three clergymen who volunteered their services as spiritual advisers? the Kev. Messes. Ray, Scott and Cpham? or the Methodist Episcopal Church, the former attending him irom the time the relatives departed until late la the evening when the others arrived to administer consolation during the waking moments of the night, Mr. Kay will accompany McElheney to the scaffold to-morrow after an hour of devotlou In his cell. THE SCAFFOLD which was originally built for the execution of Professor J. W. Webster for the murder of I)r. l'arkinan, and has been used In numerous executions tn Eastern Massachusetts, and twice for adjoining Status, was put up In the rotunda of the Jail this afternoon under the personal supervision of .Sherlir John M. Clark. By his direction the execution will he conducted In as quiet a manner as possible, the necessary number of witnesses only belDg present. All tne prisoners whose cells overlook the solemn scene urc to he removed to other parts of the structure. A MURDERER TO BE HANGED IN NEW ORLEANS. New Orleans, March 20,1873. Edward Donnelly was to-day sentenced to be hanged ror the murder of Denis Gallagher on the 27th September, 1870. EMILY FAITHFULL AT 8TEINWAY HALL. Miss Emily Falthfnll appeared last evening at Steinway Hall before a small bnt select audience, and was enthusiastically received, notwithstanding the verdict given her In Boston. The musical efforts were bad, but Miss Falthiull proved herself to be equal to tne occasion In Iter rendition of Tell," -The Wall of St. Keyno" and "The Death of Paul Dombey." THE BATTLE BOW GANG. One of Its Members Attempts to Martler s Family In Brooklyn. Robert Moore, who Is said by the police to belong that notorious Battle row gang, of Brooklyn, E. D., one of whose membors (Henry Rogers) murdered Ortlcer John Donahue, attempted last night to murder a faintly In Kent avenue, near Flushing. Moore, who is a one-armed pedler, appeared to be crazed with liquor or something else, and It is a miracle that he did not murder Borno one else before he was caught. About eight o'clock last night he went to the house of James McMalion, of 315 Kent avenue, where ho displayed a clasp-knife, with which ho announced his Intention of taking McMahou's life. McMahon called assistance and had the fellow ejected. He then went to the house 01 Mis. Catharine McKnlght, :)46 Kent avenue, and appear) 4 to be resolved to take the lilc of some person, lie seized Mrs. McKnlght by tlie hair, and w as just about to stab her when Ottlcer Casey rushed in, | knocked hint down and took the kntre irom hto>.. | Moore made a desperate resistance, and the otllr.er was compelled to club him over the head be lor,' r4f, could take him into custody, lie was locked if, tQ the I'ohrth urecjjuti pUUou house to await auu. luuyu. T THE MOUTBEAL FTKE. A Body Found In the itulna and identic fled. Montbial, Canada, March 30, 1973. The remains of a man were lound In the ruined portion of St. James Hotel tins morning. The body has been identified as that of Mr. Hyatt, a travelling agent. He was found in a water closet on the fifth floor of the building, and had evidently been suffocated. Died. cttnnntnn am.?In Oeddes, on Tuesday, March l\ at the residence of her nephew, Kev. P. R smith, ANN J. citmninciiau Funeral from the residence of her sister, Mrs. d. Hinlth, 12 Mitchell place (Last Forty-ninth street), Una (Friday) aiteruuon. at ene.o'clock. I For Other Deaths -See Ninth Paoe.\ THE WEEKLY HERALD. The Cheapest and llmt Newspaper lit the Country. The Wjskkly Hkkam> of the present week, noty ready, contains a select Story, entitled "The Queen's Cadet," together with the rery latest Newaoy Telegraph from All Parts of the World up to the hour er publication; Governor Dlx's Autograph Letter to Kev. Dr. Tyng, giving lus reasons for not Commuting the Sentence of Foster; Kxecutions in Illinois; St. Patrick's Day Celebration in this City; Bloody Tactics of tho Reed Republicans in Florida; Batttiug in Cuba, and the Progress of the Hbiialdspecial Commissioner: a Philadelphia Tragedy; General John C. Fremont's Fxplanauon or lus Relations with the Memphis and El Peso Railroad; a Banking Tragedy: Important Life insurance Decision; Naval Intelligence; Expulsion of Kev. Dr. Huston by the Baltimore Conference ot tho Methodist Kpiscopal Church, Sowh; the Modocs, and Central and South American News. It also contains the Latest News by Telegraph lrom Washington; Political, Religious, Artistic. Fashlonanle and sporting litelitgcnce: Obituary Notices; Varieties; Amusements; Editorial Articles on the prominent topics 01 the day; Our Agricultural Gadget; Reviews o( the Cat tie, Uur.se and Dry (ioodtt Market*; Financial and Cumiuereial Intelligence, anil accomuta si all tlie important aua iniurc.-Uiinr events ui the week. Trkms:?Single subscription. 12; Tlireecopies, *5; Five copies, $8; Ten copies, $15; Single copios, ilva cents each. A limited number 01 advertisements Inserted in the Wkuki.y Ukiiai.o. flale's Honey of Horehonnd and Tat Overpowers The mod troublesome. eoufth within forty right hours. PIKE'S TOOTUAOHK DKOPS cure In one minute. A?Of the Advantages Oerived by Heat* inn direct with the inauutaclurer In preiercnce to inert renders, in order to obtain superior fabrics ?t a lea price, no our ut this day can possibly be igr.arpnL KSPEN8CHKID, Manufacturer oi K*uUuiueu'a HATS, 118 Nassau street A.??Uerrlng'a Patent CHAMPION 8AKP.S, 201 and 252 Uroadway, comer of Murray struct A.?Herald Branch Ollirr, Brook I yu, corner of Fulton avenue and HoeruiustM jOpen troin s A. M. to J P. M. On Sunday from.I Co a P m. A Warwick or Rimwood Collar will*fit bolter and wear longer than any other.. Try them. At This Season of the l'ear'IVo Oni snotim neglect taking nUohiAW TArim uaium, at ? Hast Fourth street. Braunsdorf A M*U Have Removed their 1st run stock of first class UABINKT FtlRNITUBK, DKAPKKIKH, Ac., from 125 Ktvlncrton street to their new and elegant building*, 43.1 uud 435 Seventh avenue, neat Thirty luurth street. Itatchelor'n Hair Dye?The Beat In the world. The only true and perfect dye. AIL druggisu sell it. Crlatadoro'a Excelsior Hair' Dye Trans* forms hoary heads into youthttil ones Instantaneously. Sold everywhere. Cloverlne Entirely Supplanta Dlsfnst* Ing benzine, possessing noue oJ'its liiss^rcesbl. properties, but all its usefulness. Gentlemen's Hats. ' Spring opening. Unique, artistic, wtwwbhk Full dress, undress, travelling and evening wear. Complete and uttractlve variety. All tastes suited. Perfection our alnt. Reasonable accomplishment ottoitied WARNOCK k CO., tlutturs, 519 Broadway. Jaequesaon Champagne Carte Blanche, in prime order, quarts and pints, now in bond, for sale in lots, to close an account, at glii, currency, per case. S. M. SAUADElts, Wine aud Spirit Broker, 41 Beaver at. "Married In Mask"?A New Story hy Mansfield Tracy Walworth, Is now rea<ljb>in the NKW YORK WEEKLY. Royal Havana Lottery .-?Prlxes Cashed. circulars sent. J. u. hakii?m a u? nan street, fust office box 4,*W5. Royal Havana Lottery.?.Vew Scheme now out. Orders filled, prizes cashed. Information iur? lushed. Highest rates paid lor ttpauUh tulip, Ac.. Ac. TAYLOR A CO., Bankers, Id Wall street, New Yorx. Royal Havana Lottery.?Circulars and > Inloruiation turnishud. I'ost office box 1,M?. R. ORTEGA, No. 9 Wall street. Teia* Jack, the Living Scout, Now Performing with Buffalo Bill and Ned Buiitlim: in tlie drama of "The Hroiits of the frnirie," Is the hero of aa exciting story Just commenced in the NEW Y"RK WKKKL*. V K W PUBLICATIONS. HARPER a BROTHERS, NF.W Y'ULK. publish this day, TURNING POINTS IN LIFE. the Rev. Frederick Arnold, B. A., of Christ church, Oxford. 12iuo, cloth, $1 7a. Every thoughtful reader will welcomo this attractive volume as a most delightful and valuable addition to the number <>t books which are pleasant and profitable to take up In moments of leisure as suggestive aids to reflection. Open it at any page, he will find something to engage the mind and awaken the thought. The author's purpose is (0 (now mat in wnut men generally regard a? mere chance work there la often order and design i that whatls called the "turning point" in life in simply an occasion which sums np and brings to a result previous training, and that accidental circumstances are nothing except to men who have lieeu educated to take advantage of them. This view of lite is illustrated and eniorced bv examples drawn from the experience ol successtul ifnd unsuccessful meu, presented in u very attractive and entertaining manner. The style of the book is ipiict and conversational, without ever lapsing into commonplace or dulness. a very lull analytical index adds greatly to the interest and value of the volume. II. GODOLPHIN. A Novel By Edward Wulwer (Lord Lvttoiij. New Edition, 8vo, paper, 00 cunts. III. fO TIIF. BITTER END, A Novel. By Miss M. E. Braddon, Author of "Aurora Floyd," "Dead-Sea Druit," "John Murcliwout's Legacy" "Birds ot Prey" Ac. lllusfeated. 8vo, paper. 74 cent*. Miss Bradilon Is really Improving. "To the Bltiea End" is as good a piece Of work as atyr which we \et reuicmher to have had from her It is carefully written, and even rewritten, and yet is lull ot nil the. old rough vigor and dash, the keen ?? ot the mam pleasures and enjoyment* of life. The love of greets j fields and hluc skies and pleasant Hardens, and the quick impatience ot all that la hollow tuni conventional. Long experience has strengthened Miss Braddon* hand and improved her touch. There Is mora etlect and .is* striving lor It. As tor the story Itself, It Is siuttetcntly simple, and here and there U told very prettily and naturally, and with evident.teellng. It has. In shorl, all Miss Braddon'sainerit*?ail that genial, coinfortahle good nature and love of pleasant places and pleasant people, which never leave her.?AUitua-um, London. No living novelist equals Miss Braddon In fecundity and freshness. Comparing "To the Bitter hint" with almost any of Its recent predecessors, we had tlio same sustained Individuality In the characters, the same Ingenuity la the working out of effective situation* ami the same scintillations ot humor which have marked Mis* Braddon's books trom the tlrst to the last?Standard, Loudon. HARPER A BROTHERS will send either of the ahov* works by mail, postage prepaid, to any part at the United Stntes, on receipt ol the price. J J CUPROUS AMERICAN WORK*?ILLUSTRATED. With Illuminated foyers and Beautifully Illustrated. PRICE SEVENTY-KIVE CENTS EACH. Valor Jones' CourUhtp With lllustrtvtlons by Darler. Major Jonea' Sketches or Travel#. Fr. ji of Illustrations. Tlie Adventure* of Captain Simon Stiggs. Illustrated. Major Jouei' Chronicles ol Plnevllle.. Illustrated. Polly Poablossoia's W edding. Wlt'a illustrations. Widow Rugby'* Husband. Pull or Yilnstratiuiis. Tbe Big Bear of Arkansas. Illustrated by Darlev Western Scenes; or. Life on the Prairie. Illustrated. Streaks ol Squatter Ufa and Par. West Section Iliu-trntetW Pickings ftow the New Orlean t Picayune Illu*tratcd. Stray Subject* Arrested and I j(>nnd over Illustrated. The Louisiana Swamp Doctor. Pull ol Illustrations. Charcoal Sketch**. By Jo* ? ,(, C. Neal. Illustrated. 1 \ Peter Paher's Misiorlunes. rfv Jos. C. Neal. Illustrate*. Peter Ploddy and other Oddities. By Jeeeph C. Neal. I Yankee Among the Merm Atds. By W Milam K. Hurt..n. The Drama A Poherv1llc? By .1. M. Pic Id. Illustrated. New Orleans rtaetch Ho,*. With illustrations by Darle* , The Deer stalker*. H'/Prank Forrester. IHustrstrd. The UuorndoniHoutv^ By P. Porrester. lllusirated. My Shooting Bo* By frank Porrester. Illustrated. The Warwick Wo.viands. Hy Forrester. Illustrated. Adventures ol Contain Farragos By B II. Brackctirl.lg*, Ad ventures 01 Ma(or O'Regan. It* II. II. Bratkenridge. Sol. Smith a .Iieattu il Apprenticeship. Illustrated. bol. Smith s, ihoufifai Journcy-WOrk. Illustrated. guarter H iCf) in Kenmcky With illustrajions by Oarley. I he Myst ariesut the Haekwoinls. Bv T. B Thorpe. lerolvr,) Maybcrry's Adventures tly H. Ingraham. Sr.m Mick's Yankee Yarns ami Yankee Letters. Al,v>nturesot Pudge I tiuible. or, 1- ve Scrapes of Hi<Jiia* A'1 at Patty's scrap nag. By Mr* t.aridlue Lee I lent*. I nllowing the Drum Hv Mr*. (tele ?' stele. Dtlcems. Hie Aine'lcati Joe Miller, With likiengravings. SOceiitv .* Above hooks are ohol this -lay, and are lor suha bv all booksellers, or copies ol either one or a.l ol thong will be sent, post pant, to any ouu, to any place, on ra* ceipt ol price by 1"Y'k'T'KThRSON A BROTHERS, ( Ifeft CUV4until *U#v V

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