Newspaper of The New York Herald, May 8, 1873, Page 4

Newspaper of The New York Herald dated May 8, 1873 Page 4
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MAUD MERRILL'S MURDER. Bleakley's Statement on the Stand?Close of the Testimony- Summing Up of Ooun ael for the Defence?Able Argu ment by Ex-Mayor Hall. THE BANK OF ENGLAND FOBGEBY. BUSINESS Dl THE OTHEE OOIJETS. United States Marshal Klsk has continued Mr. John E. Kennedy as his Chief Clerk, and to Deputy Marshal James Turncy he has allotted the care of the outside business of the office, particularly that relating to bank ruptcy. P. L. Taintor, the alleged defaulting cashier of the At lantic llank, was brought up vef lerday before Commis sioner Osborn; but as an indictment has been found ?gainst him no exsmlnaiion was had. lie will be called upon to plead to the ludictiuent on the 13th lust. He has Bot yet obtained bail. Trial Term, Part 1, of the Superior Court, presided over by Judge Curtis, adjourned yesterday out of respect to the memory of tho late ? hie' Justice Chase. Pome action was also taken iu tho Court of Oyer und Terminer in the matter. MAUD MERRILL'S MURDER. Klghth Dty of the Dleaklry Trial? Bleakley Telia 111* Own Story?Conelu Hlon of tlie Testimony?Coun>el Com mencing to Sum lip. At length, after reaching its el/hth day, the Ple ikley trial in the Court o? Oyer and 'terminer, before Judge tfrady, begins to draw to a close. Notwithstanding it has been protracted so long, there is no abatement in the Interest of the case, but the court room as ui.ua , was yes terday overwhelmingly crowded. BLKAELKT'S OWN STATEMENT. The feature of the day, and, In lact, of tho trial, was the placing of lileakley on tho stand to testily In his own be half As Mr. William K. Howe, his counsel, called on him to take tho witness stand he looked bewildored, rolled his eyes about, adjusted Into an easier position his right arm, which, from the etTccts of his two late ineflec tual attempts at suicide, he still carries In a sling, rose ?lowly, and, leaning on Deputy Sheriff Shields, came for ward, and, with almost seeming helplessness, sunk Into the witness chair. To Mr. llowe's questions ho gave ?ome responsive and some very irresponsive an. rweri. Alter stating that he was thirty-live years old and a native of Ireland, he tried to account for varions Injuries on his bead, aud particularly those received at a ?hip launch at the St. Mare Navy Yard, but he could give no intelligible account ef them. y. Do you remember when Tolly was shott A. I never ?rasin the bouse before; I remember going up stairs; I shooting a pistol, and then I caine down stairs t Pi me; if 'biy were the last words I ever ut , blatne my sister for this; she brought me to this JJost uiy lather and mother when I was young; I have' tried to "keep within expenses; I have never I ail auv sympathy. (Here the prisoner criod for several mo K !ru?hl^f ?u;ible to proceed.) In all the vicissitudes Sm ^^,ne rlK',lt 1 would ?ot have been where I ?m to-day: I did not believe In a God, but I believe In a t 5S-IJ?W! * de5,ttfe bc,ore everybody I believe in a Hod ; ant! the^fIr?W?^rit""r 4 f>er,son ls ? Cutholic or a Protest aui not au iatuiei " me ? majr be * 'oo1' but I ._T'' *r- Phelps, the District Attorney, who cross-exam ine *\ to0*' lollg",1' h<! to111 * rambling and wander ? c*,V'tr ,r?m the period of his earliest re 0,.e Pfe*nt 'a this story he told experience, his ?<',i?urn in Turkey aud Kus *f" "u/',"'hcr European countries, and ot his coming to this country and employment in various naw yards On one occasion, while living In Philadelphia he went Into business on his own account and took ^p.r'ne" who took him in, as he laid great stress on the fact of this ?wlu? bim 9300 and paving lita only $3; after which he leu disgusted lor California. He was more i*"1' the *"oot,r,g, and said Uiat Pollv used very ,owV" hini' w,ien all ot a sud he? h? ,'ef!i "ot into a whirl and he shot iJ ? .^4 cvor)'tblng about himself with all jjf'?*itopj? freshness ol a child, inukinz no concealment Of anything, including his occasionally gettiug itrunk i!i?i0?un ?i? sV,l<? ""L<t positively that ho did not drink V'>, n? tll,c be shot Pollv until after the shooting ? .? Vi, ^ Insane, that part ol Ins story was in h tiMdy, palulully pathetic. Then he told ot his going to hlai bouse in Brooklyn al.erthe shooting tin 1 putting his Pistol in his trunk ; ot Ins going to a restaurant and trv "Jomctbing, and could not; ot his wandering about the *'feets oi Brooklyn till late at night, and then Coming to this city ami golme to a hotel and taking a bed and trying to sleep, but could not; of his getting up aud again wandering through the streets till dayltghLwben he bought a paper, and, sci ing his niece was <l< a.I, going to a police station house and delivering himselt. He began t<> speak ol the klndne-s he had often received at the hauusot Koman J atholies; lo.w they had led and clothed and cared lor him when no one else Would. "I caro filling tor churches," he continued. 'Utuahaveiio more of this, ' interrupted Mr. Phelps. ? . continued Bicaklcy, "I torgive the Dis jrict Attorney and the Judge, aud even my counsel. Mr Uowe." (laughter.) Me shook hands with Judt^e Brady, and again, supported T?y an officer, retire I to his o.d seat in the corner ot tlie Court room and fell Into bis old llstlcssncss, apparently oaylng uo attention to the subsequent proceedings. ursiimno TKsTiao.sr. Mr. Ilowe stated that the (lett uce rested her*, and then lome witnesses were called by the prosccutiou in re buttal. George Mitchell testified that be had known the prisoner tor twelve years; that he sometimes got Irunk; that drink had a maddening eftect upon him, but that he never know ol his acting irrationally, tin his sross-cxatiiinatiou he said that Bleakley had never talked to him atiout his tatnlly matters. William McNeil testified that he boarded at tho same house with Kleaklcy previous to the shooting; at times he acted strangely; he could not tell whether he drank In his cross-examination he said that lJltaklcy behaved like a tipsy man. John Ivory had worked for years with Itleakley and he always acted rationally, aud was a steady, bard worker. His cross-examination developed the tact that he had rever known Bleaklcy outside the Navy Yurd raid U'Cy *Cre unUur r'Bi<1 discipline when in the Dr. Hammond gave It as his eptnion that the prisoner was sane. romi*iir***!?T or snnm.No ur. Mr. Phelps announced ;liat they had no more wit nesses to call, and thereupon ex-Mayor llnll proceeded to ?um up lor the deteuce. lie spoke with unwonted feeling and eloquence. He began by paying a glowing tribute to the great eloquence ol the late James T. Hradv as a criminal lawyer, and wishing he had his boldness ot ut terance, i he preseut ease was one that pre-eminently required boldneas ol spirit, lie doubted If ever in this country Uiere had been a case where prejudice had been fo strong acamst a prisoner as agaiast this poor lellow. To show this prejudice he read au extract from a newv taper depicting the hideousness of living, as was alleged Hleakley did, upon the product of his niece's shame It was not to tie w ondered at that such articles were written and that such was the general sentiment. They had read the story or the homicide as published In the papers and the proceedings at the Coroner's inquest, and they believed them. I lie prosecution might strive t? impose ?pon them a belief In those stories, but he believed he could shatter them iu pieces After alluding to the im par'ial Judirc on the hem h-a trait hereditary from his able and learned lather, who craced the bench before him?be dwelt upon the theory of public policy con nected with this caw as unioide.f to them by Ills distiii 8ui.-hud associate. Kor nearly fifteen years he had the onorot filling tbeoffice ot District Attorney an I Assist ant District Attorney. Popular clamor asked for blood and Kogers was convicted and executed. He has since felt that lie would give all the money he was thought to Pos-ea* aud all be ever hoped to get if he could brinn poor Kogers back to liie again. To his dying day vf.h?i. w',s!' ">at Hime one else had tried that man. .L i H' * , "1, ? prisoner ttiey were now trying sane SS . 11" . 'lu,|Ced. and a Post-mortem examina tion should sbow his l.rain disc used, he hoped they would not sutler as he bad. Public policy was one thiuu and ingiice was another. He did not wish iliem to consider tneinaelves as ortlclal automatons, as the mere exponents of public clamor, but that they were men. Thcv were to sacrillce the lectin.,'* and the instincts of a man on the altar of justice. I tie oilier side might say lie was appealing to their sympathies. Thero was an elt nient of sympathy in this case that his learned associate, with all his eloquence and kindly heart, could not properly depict, and lie would not attempt it. Before ihcm would alwsvs be the lorin of that noor girl, Iroin whose eyes was so suddenly ?hut out the hritflu sunlight, lileakley had told them to day thai he knew Polly When she w,n u baby, and bad astidled her on his knees when a child; he had seen her In liie days of her budding womanhood, he had cared for iicr as a father, anu he had se? n her clothed iu the habiliment* of her shame. >o man walking up btwv Broadway to-day would like now to have presented to him the alternative of having his daughter enter upon a liie of shame, and from the bagnio co to the hos pital, and from the hospital to the pauper's grave, cov ered with moral leprosy,or ol taking her life with hisown band, lie proposed to take Iroin ibis case the feature or odium attaehed to it?that Bleaklcy lived on the product of his niece's shame. Anna Weaver was the only witness making any such statement, aad when she it' ll11 w""B':s stand he felt in his soul that there was w .?0D1"n *;?<>?<? tbis poor girl Into that house Ttie i..n.i. ra."i i j ul "'is eiubodiuiunt of the !u?!r !?iri ?"ug Tennyson's grand song to that Soirie innV s.iTi* . . ' Garden, Maud." It was the m Kden" ilu . ? "u" ,h< tar ol hvc Jtl ,hf Garden would not ni w tl," demon, for five long months. RJ dS, 1 ct.81"' nie.eto see each other. iti were bastiiVs" ^""spoie for "an hour''but .r*f"'0, jUrrln, and . ^r Jud.rSrady had"'?Vm,that the hour had arrived lor iidiournmen he .? speech to resume it this niornlng Ai brHiA, Mr. Phelps, in a few feeling remarks, called nt ?,i ? the decease of Chief J^tlce "K?" an appropriate entry be made on the minutes ,!f he t^ort. Mr. Hall seconded the motion in a briei and inoJI ti u iiing and apposite speech Judge Brady said he lullv endorsed what had been said, and after ronimentlne on the exalted virfuea aud g' tilus of the illustrioa^ mrlst be directed that such an order as suggested be en'tired on the uiiuutes of the Court, iui?rea on THE BANK OF ENGLAND FORGERY. ? ? The Coee of George McDonnell?Inter eating Testimony tor the Prosecution? Evidence of Mr. Jurison Jarvli nnd Mr, Clnrence A. Heward. Yesterday tbe further hearing of the caw of George {McDonnell, who Is charged with complicity In the al Beged forgery upon the Bank ol lingland, was resumed ftiefore Commissioner Gutman, at his offlce, In I^unsau Afreet. I- F. and Mr. cuarlci M. Ci t'etta a?- J j?e arcd for tl?e prosecution, anil Mr Brooke far the Pris oner. Counsel for the prosecution offered In evidence tlio supplemental information anil complaint ot the (tank of England Ot' the Kith of April, 1878. awl the deposition of Alfred Llddmgton, James Noyes and James Dalton. The lutter were objected to by csunsel lor tile procreation. Objection overruled, Mr. Brooke to bo heard on the ob jection ul a tuturo stage ot t'w> case. Mr. Da Costa then read the depositions of Alfred Lld dington, J allies Noyes and James Dalton under objection that the> were not properly authenticated. He also read the deposition ot William Danes Fresliflelds, one of the solicitors ot the Bank of England; the deposition of David Ferguson, and offered in evidence a copy of the I.on<ton Timet, showing an advertisement of the numbers of ih bonds in question. TliU offer was objeoted to, and the objection was sustained. TKSTIUONr Or FBTC? MBIUSON. Peter Nellsson deposed that he was chicf officer of the steamer Tliur.ngia, which anils train Hamburg, via Havre, to New York; he saw the prisoner, McDonuell, on board the Thuringiu on the Hth of March, 1873; he came on hoard at Havre; they left Havre on that trip on the 8th of March, 1873. TESTIMONY OF MR. JtlllSON JARVII. Mr. Judson Jarvis testified that he was one of the deputy bhorills; he bad in his possession a bug and a dressing case that were taken from ibe prisoner by virtue of certain legal proceedings, and he now produced those articles, which were found to bo matched witli a Heal and coat of arms the same as those annexed to one of the depositions; he also took from the prisoner 2,100 sovereigns which wcro enclosed In two bugs, each bsg containing 1,000 sovereigns; 100 sovereigns were in a small bag; McDonnell stated that the bags contained 1,000 sovereigns each; witness also seized at the office of Duncan, Shcrinun A C*>. a package addressed to George McDonnell, l-.sq., euro of Duncan, Sherman A Co.. Imiikers, New York, U. S. A registered No. li,733, post marked London, March 7, 1873, and New York, March 21, 1*73; the package contained foreign ilralts and bills of exchange amounting to ?4,000; these bills ot exchange were placed in the hands ot Duacan, .Sherman A < '<>., by direction oi the .sheriff, with instructions to scud them abroad for collection; be seued another package addressed to George McDonnell, Ksq., care of Dull, un, Sherman A Co., bankers, New York, registered, bearing the London postmark ot March ft, 1873, and the New York post mark oi March, the date blurred. A letter was contained in the envelope and three Hank ot I'-ngland notes, two lor iiuu each, and one lor ?5. The letter was us toilowg "Okait .Sir?i inclose you ?HU6. "Yours, Ac., 0." Cross-examined?When I took from the prisoner the dressing cuse lie was on board the i'huringia; I finally took posse sion ol his baggage In the police boat the prisoner noiuted out the bug as his baggage ; took posses sion oi the sovereigns on board the ihuringia, but not from the possession of the. pri oncr; got the sovereigns from Detective lariey, the prisoner then beiug under arrest; the prisoner claimed tlieni as his properly, und told wiiuesssnow much there was in each bag; not know thai the package witness seized ut Duncan, Sher man A Co.'s was intended lor or was the property oi the prisoner. TKST1MOWY or NATHAN IKL JARVIS, JR. Mr. Nathauiel Jarvis, Jr., deposed that he received trom the t'ost oillce ot this city two packages which lie now produced; one of the | aukages was audressed to A. Biron B.dwell, New \ ork, li. K. A., care ot the New York tsute Deposit Company, 140 Broadway, registered No. 9,314; London posLiuurk, February 25, 187.1; New York Sostmark, March 13: the other was addressed O. C. rowneli, Brivoort House, tilth avenue, New York; Sootmark, Cork, March 7, 187*; New York postmark, larch 18/3; the letter contained United States bonds ol ;lic amounts and nniubers specified in a list which the witness produced; the seals on the two packages were the same; he had bliptograph* ot the envelopes made an i he now produced theifi; he had ascertained that U. C. Brownell is ceorge Bid well; witness got possession, in this city, on the 21st of April, of a black, leather trunk ; lound in the trunk a card und plate of George Lid well; found two wux impressions ol seals which he produces; one, a coat ol arms, the other, a monogram t-c >l; the one having the coat ol arms corresponds with the ones on the Hid well packages; the monogram corre sponds with the monogram seal on Fergusson'sdeposi tion of April 17, 1873; lie also found two dies (produces them); one of the dies is a tac-siiniie ol the coat of arms reierred to with a crest above it; witness received an oiher letter trom the Post Office; it wus addressed to George dcDoaaoll, Ksq., Post Gtlicc. New Yol k city, U. S. A., unit had tlie Edinburgh postmark March 11, 18/3, and the .sew York postmark March 24, 1873; the iini ression on the seal oi thai letter was similar to the monogram seal which witness had produced. Cro**-evauuued?fne Postmaster gave him the letters; found the trunk in this city, iu the ofilce of ilio Atlantic Express Company, 71 Broadway; did not communicate to the prisoner the fact that lie (witness) had received the packages iroui the Post oillce. liVIIIKNIK or ANGUS M'lKTOSII. Angus Mcintosh, loreign correspondent in the banking house ol DuncaiL.-^hernian A Co., deposed lh.it the bills or exchange iound in tne package seized by the aherlft were forwarded oy him lor his lirm to Buriug Brothers, of London, tor collection; this was done by Duncan, sber ?nuu A Co. at the request ot the bherlfl, the request being In writing. TasTiaoiiv or sx clarkncc a. skward. Mr. Clarence A. Seward testified that be hud recently returned from liurope, had been in the city of London, where he became acquainted with Colonel Peregrine Mudgwick Francis, w ho liunde I him certain bills of ex change, nine in number; he did not hand him the lust two named in his (Francis') deposition, being ihe Biydeu stcn acceptances. Ihe lulls were offered In evidence. By Mr. Brooke?l received the bills from Col. Francis, who 1 understood to be managing agent lor the Bank of England; 1 caused a telegram to tie sent to Colonel Francis to bring the bills to my hotel, and be gave me u package with a sutement that these were the original bills which lie haa produced be lore the l-oril Mayor; I was present before the Lord Mayor when Noyes and It'd well were examined : these bills were not produced at any time when I was present. Counsel lor (ieh uduui obiected to the bills being re ceived iu evidence. Objection overruled. Exception taken. lo Mr. Da Costa?I know Sir Anthony Bothschild ; he Is accredited iu the city ot London as a member of the Arm ot KothsCiiild A Son; I nave seen liiui employed ill their oflicc ; 1 have seen him sign his name and 1 know his signature; lie signed his name lour times at my .par ticular request; 1 have seen all the members of the tlriu sign the tirui name?Mr. AJircd, the Baron and Sir An thony?who compose, as I understand, that ilrin; 1 think the Baron wrote one for me in uiy presence; having once seen thai signature one would not be apt to torgei it. tor it is a very peculiar and bold signature for au old man. 1 his evidence was introduced for the purpose of show ing thai the ulleged forgery was an imitation of the sig nature ot ihe firm of Kothscbild A Son, as signed by sir Anthouy Kothschild. Mr. Seward having been briefly cross-examined, Mr. Da Costa announced that he would, at the next session, close the case lor ihe prosecution iu half or three-quar ters ol an hour at the outside. -Mr. Brooke, lor the defence, said he would examine Sir Edward Thornton and Mr. Hamilton Fish. The case was then adjourned to Monday next. BUSINESS IN THE OTHER COURTS. MARINE COURT-PART 2. Jurors to the Front. In Part 2 of the Marine Court, opened on Monday last for the May Term, Judge Joachimsen, presiding, a non attendance of jurors compelled the very urbane and most considerate J udge to inflict penalties upon the absentees. A prompt subsequent attendance aud show of proba ble cause is always sulUcicut in the.-e cases to have the fines remitted, provided the parties are present lor jury duty when called upon during the term. Yesterday, however, when the panel w as culled over a second time there were so many absentees that the Court was com pelled to instruct Chiei Clerk Davidson to take the neces sary steps lor the imposition and levy ot the tines upon nil iinors who on Monday aud yesterduy miled to an swer to their names. What Untitles a Real Estate Broker to Commission, Before Judge Joachlmsen. George Bauer vs. Jacob Vervoloet?This action was brought to recover the sum ot $338 for services rendered in procuring a purchaser tor the property ot the defend ant. The defendant caltcd at the office of the plaintiff, a real estate broker, and. In his absence, gave a description of a ccrtuln piece of property which he owned in Mul berry street and which he desired to sell or exchange, to a man named Malcomb, who occupied udesk in the plain tiffs office, to sell or exchange. Malcoinb informed him that a man named Frcidikcr had left with him, a lew days before, two mortgages on a house and ten lots iu Fordhain, which hn desired to exchange for city property. The defendant said lie was willing to tiade tor mortgages and leitthe office. On the return ot the pluintii! to his olhce Mulcoiuh informed him ot the lacts, whereupon the plaintiff called upou the defendant and made an appointment with him to meet the mort gagee of the house und lots at his (the plaintifl si olhce. The defendant and the mortgagee met at ihe appointed place and nine, when a contract of exchange of property was agreed to aud signed by both parties, and $iUUpaid by the mortgagee to the defendant to bind the bargain. A lew days alter the defendant discovered that mlsri pre sentation^ had been made as to the value ot the mortgages?that they Were second and third mort gages instead of first, as represented, and refused to ui cepl them. I lie plaintill sues on tho ground that he bail performed Ins duty when he iound a purchaser ready und willing to take the property ot tho delendant at his price ; and that if the purchaser niude misrepresentations, ot which the plaintid was lunoccnt, the delendant has his remedy against him. Judge Joachims, n i hargeu the uiry that even though the plaintiff had procured a purchaser tor ihe defendant, the evidence was clear thai ne was not a sutlicient pur chaser, within the meaning ot the law. A real estate broKer was not entitled to coiinnisslou unless he found a purchaser who was willing and able to comply with the terms and conditions oi the contract ot sale, iiut it a seder, wiihoiit a valid excuse, re I use to comply with the fcrmsof sale, a broker Is entitled to recover his CuUiiiiISjiiuIi. in this case the plaintifl had not procured a purchaser, and was not entitled to com mission; but If lie was employed by the delendant, and rendered any service In drawing up papers mi l attend ing to the property, lie Is entitled to reasonable com, en sanou lor MUcn service, provided he v?a< Innocent ot any fraud, terdlctfor the plumtill tor $liw, as the value of services rendered. BROOKLYN COURT?. CITY COURT-SPECIAL TERM. Henry C. Dowrn's Great Libel Snlt. Before J edge McCuc. An order of arrest was granted against Henry C. Bowcn in Thomas W. Field's libel suit against him for $ltX),tNio damages and Mr. Bowen gave bonds in the sum ot $10,UU0l Yesterday morning defendant's counsel moved to vacate the order of arrest on the ground, prln cipa.ly, that the order had been granted on the complaint alone, whereas the Code required that such an order should be granted on affidavits. Counsellor Cutlin, for plaintiff, contended that the complaint was verincd in tho usual way und was un atlida\ It. lieu ndant's counsel raWed other technical points, and Intimated that Mr. Uowen was a responsible man?was responsible tor the contents of his paper, and would con tinue to be so. The object of Ihe order, apparently, was omv to harass him and gratify ihe hostility ol the plain Judge McCuc reserved his decision. COURT CP APPEALS CALENDAR. The following is thr Court cf Ai pi tu (lay <-fti<-n<iai ior jjiuxsdsy, May a ;->??. ij, w, 72, 73, 74,7c ^ THE STOKES CASE. The Motion for a New Trial Denied, All the Judges Concurring. Judge Fancher Delivers the Opinion of the Court. STOKES' STOICISM. It being known that the long- pending decision of the General Term of the Supreme Court in the Stokes motion for a new trial would lie yesterday rendered, the court room wan densely crowded. The question of the execution of Stokes In accord ance with the sentence?not as to the time, be cause that has already past, but cvcutuaily by the decision or the Court of last reaorc affirming the Bcntence of the Court below, and leaving It to the General Term to tlx a new datu therefor, or the probability or his evading condign punishment alto gether?is one that agitates the public mind to an extent hardly appreciated In view of the little pub lic discussion that has lately taken place thereon. Stokes' apparent stoicism and reliunco that his case is not at all similar to that of Foster's, who was executed for hia crime, or that of Nixon, whose late is as Inevitable as that of the slayer of Avery 1). Putnam, might be taken up and as Justly treated by the lawyers as a symp tom of insanity as any of those numerous cases Of that peculiar disease which has so' much clogged the wheels of justice of late. However, one more, the last but one, legal Btagc has been passed. The General Term of the Supreme Court having yester day affirmed the sentence of the lower Court puts Stokes' counsel to the dernier resort, the Court of Appeals. Another pause. Another breathing time ror the interposition or the usual legal quibbles and the uncertainty that waits upon his fate. Judges Brady, Davis and Fancher occupied the bench. The latter Judge delivered the DECISION OK THE COCRT. Some important question* arise upou the exception* contained m tin- error book In tliu cusc. 1 hose which mo-i impressed ino upon the urgument grow out ot tue exception of the defendant to the following portion of ttic charge ol tho learned Judge at the trial. In the course ol lib instructions to tho jury he .said "The tact ot the killing being In tins case substantially conceded, it becomes the duty of the prisoner to satisfy vou that it was not murder which ihu iaw?woutd imply Iri.m the (act of the killing under the circumstances In the absence of explanation.,r . _ , _ , To this paragraph exception was taken by the prisoner s C0\v'hile It must be conceded that the learned Judge, in this portion ot his charge, eorree'ly stated the rule as it existed at common law, it is equally clear that lor the moment he lost sight of one of the elements ot murder In the first degree, as defined by the statute ol New York. An essential element In the crime of inuruor is the intent with winch klio homicide is committed. Hisnotevery homicide that is murder. The word "murder" In ancient times meant the secret killing ot a i>erson Ita meanlug was extended uv Lord Coke, ana his del.nltion has been r.duptcd by Blacksione und other writers on the Common Law. lie said it is murder "when a porsoa of sound memory and discre tion unlawfully killcth any reasonable creature in being and under the King's fence with malice aioretbought, either express or implied." It is express when the otlence is committed with a deliberate mind and formed desiun. as when the external circumstances indicate tlie inward intention, such as lying in wait, antecedent menaces, former grudges and concerted ?ebeuie* to do the deed. It is at common law implied Horn auy de liberate. cruel act whereby a man kills another, wji"""' uny or any considerable provocation, lor it la held that no one, unless ot an abandoned heart, would be guilty of such iu act upou a slight or no apparent cause. It is said tnat there la a general presump tion in criminal matters that a person Intends whatever Is the natural or immediate ceutenuence ol l is own act, and this rule has been olteu applied iu detecting Intention and malice. Krorn the moral connection be tween the conduct and the motive It is said the mo ivo Is inferrable from the act, and that whenever an act is done injurious to a person malice uprOna jarie to be presumed Iu the individual dotrtg the uet At common law the malice a lore thought was no exception to the rule. It was Interred Iroin the commission of tho act Ihe wrpuj delicti being proved, the intent was iiiterrodtrcm the homicide. Sfr M. Foster, In his Discoveries, page 256, ob sorves that in every charge ol murder, the tact of killing being tlrst proved, all the circumstances of accident, necessity or Infirmity are to be established by the prisoner, unless they arise out of the evidence produced au'aiust mm, lor the law presumes the tact to he founded on malice, unless the contrary appears, other writers and authorities establish the same, propo sition. This Is still the law of England. (Keg. vs. (-nap man. 2 bug. Rep., 16,1, 12 Cox s coin, law oases. 4.) In thut case, tried in 1671, Justice Uannen saidAssuming that the prisoner caused the death ol the deceased. It would be lor the prisoner to show a justification. In the absence ot such Justification the presumption ol law would be that lie Intended to kill the doceaaed. Under the rule, therefore, as it exists at Com mon law. when the prosecution has proved the death alleged by the act ol the prisoner the motive is inferred from thu Killing. The burden, then, rests ontt.e accu-ed, and It is incumbent on him to re hut the inference of malice. It he tall to show that the act, waa committed under circumstances that repelled W lnler enee oi malice, then the crime ot murder la sufficiently Droved. This stern rule ot the common law, which at tributes malice to every act of killlug, haa been ouos tioned in the I nited states and has been denied and^de parted from In numerous cases. It la sale to say it is not adhered to by the Supreme Court ot the United State" and U not now theM law in New York, Massa chusetts and some other btatea The Is, iliat the burden ol the proof, even after evidence ot the killing, remains on the prosecution until it has proved the whole case, which Inciule not only the kill ing. but the intent with which the act was; committed, and without pr.'Ol ol premeditated design the crime ot murder in the first degree is not established. The evi dence to show the design may be Indirect or circumstan tial, ui most ca-es perhaps, must boot such character, lor desiun is a tlxed condition or purpose of the mind, but there must be in the time, place, or circumstances ot the homicide, or in the conduci ot the accused in regard to it, something that will afford groun I lor tho finding of the jury that the accused was actuated by premeditated design to eilect death beiore this can be a condition lor murder under the tlrst auodivision ol the New York statute. This essential fact tho Jury are to find, not because it is Interred from the mere killing but upon some evidence which tenns to establish the design. The burden ol proving the design reals on the prosecution as a part of tne case to be proved agalnat the prisoner. The malice, purpose or premeditated design to effect death is the chlet char acteristic wbieh distinguishes murder irom other specica of homicide, and the lury must determine whether, on the evidence, it lias been proved, They should not be instructed that it Is Interred iroui killing, unless the cir cumstances attending the ki.ling evince the design, lie liberate homicide is murder under our statute. In other words, where there is un intention to take lite and the intention Is consummated, it is murder in the first de gree. The Intention is the criterion of the crime. It may be formed at the instaat ol committing the fatal act, or have long existed ; still it Is au essential quality ol the deience wTitch the first subdivision, ol our statute characterizes as murder in til first degree. the malice aforethought ot the criminal law is a different thing from the pieiucditated design to Kill ol the statute. The intent to laKe. lite was not necessary to constitute the former element. Malieo prepense was u deliberate In tention of doing any boJily harm to another, unauthor ized by law. It did not necessarily Involve an Intent to tak-j lue. (Hale, l\ C., 451; 1'cople vs. Clark, 7 N. 39lt was said, in The People vs. Austin, 1 Park Com. Bop., 16s) that the intention of our statute Is manliest not only Iroin the careiul perusal ol all Its enact ments relative to homicide, but also from the recommendations of the revisers. They proposed thut murder should include a homicide win a per petrated irom u premeditated design to do some great bodily harm, although without a design to ctlect death, thus recugiii/.ing and adopting the principle ol Implied malice, and defending it on tne ground thut the transac tion was such as w?uul ordinarily lead to the result ol tuking lite. Mul the Legislature rettised to adopt the sug gestion. and enacted a section by which, In the language ot the reviews, revises were founded on the great prin ciple that to Constitute murder there should he an ex press design to take lue, or such circumstance* as to Induce a very strong presumption ol sueli a design. Tills view ol the luw confined the crime oi murder within its proper bounds of a pre meditated design to take llle. The statutes of New York definu ihe crime in these words, when perpetrated from a premeditated design to etlect the death of the person killed, or ol any hutn.iii being. (Laws of ISf.2, chapter l.'i, 2.Y) And it is ihe intention which constitutes the principal distinction between mur der and manslaughter. The New York statute has el teeted a change in the law by substituting the "design" in place oi malice (7 N. V., a,il.(7.) The degree of the pre meditation requisite to the crime ol murder has not been changed, but the stalutu requires, what the common law did not, tho evidence of tue actual int> ntloti to Kill. It Is plain that such an intention cannot always Iw interred irom the mere Killing. Two person* may be seen at vuriam c In a Held, tine ot them is alter wurd lonno dead. At common iaw, when the homicide was found to have been perpetrated by accused, the malice aforethought was Inieired; but, tinder our statute the rule would be ditlcreiit. it Is possible that the slayer was compelled to kill In Mlt dcience, or, being assai.ed with u weapon defended himself, and n> cldentally slew Inn assailant. The burden would rest in such a case, and iuslly rest, oil the prosecution to prove the intention to kill. The rule ot the common law has not every where prevailed In the United States. In The United States vs. Armstrong, 2 Court C. C., 44t>, It was held that though notice is not presumed merely irom the tact of killlug, yet the circumstance* attending the homicide may be such that the law will deem It malicious. In The I niled Slates vs. Mango vs. ( art, S. C. Caw Rep. 4;tfi, 3 Llv. Law, 275, the < ourt held that when one kills another with a dang, rous weapon, and the evidence is contradictory as to provoca lion uad to which was the assailant. It is Incumbent oil the government to prove a felonious killing to niilhnrUc u verdict of fcUilty ol murder I* Hie Lniied states vs. Hooding 12 Wheat, 4?i, 171, iu a < a.?e of lndictmcntunder the Slave Trade act the supreme Court of the United Mates l.old that the burdi n oi proof in crimi nal cn?es lies upon the prosecution, unless there be some positive provision l.y statute to the contrary, and the general rule of our jurisdiction is that the par'-v accused need not establish his innocence but It i* for the government itsell to prove his guilt beiore It is entitled to a verdict ol conviction. I his rule is certainly in consonance with general principles. In PJ 1'etersdorf Abr., 9i?, note. It is remarked, "The in tention of a party ill .lie time oi committing the ollence is Olteu the essential Ingredient* In it; nnd when it i-?i li must be proved. ' So, in McLean, ?>hi", u;>on a charge ol setting on foot a military expedition against a foreign government with whom we were at peace, It was hold that the criminal inte.it must be diown, or be apparent irom the circumstances. Courts have laid hold of tho circumstance of the killing to do away with the presumption oi malice ot the common law. la the Coininenweallh vs. Hawkins, :i (iray, 4M. Chief Justice Shaw remarked that tin doctrine ot York's ca-e Was, that where tho killlnit was proved to h.ivo been comuuttc . by the detendant, and nothing lurther Is shown, the presumption oi the law is that it was mali elon< knd icfortihifdcr. lmtinat this was inapplicable to Ihe ease where the clrcum-tances were fully shown by the evidence. He charged the mrv in that cane that ir uuon ail the circumstance* thev were satisfied beyond e reasonable doubt the homicide was committed with mal ice then It wa* murder, but otherwise It wa- manslaugh ter' The case alluded lo by Chief Justice shaw waa the IJounouwealUl T?. Vwrk, 8 Mai. W, wUvro Ui#r? ul pretty fill dlsciowton of the question on b?th sides. It will bo seen Ui it Ubiet JiutiCH .haw mil^tanually followed out, the principal connliuions in thit lilM.'ntins opinion in York'* cue, to w i?" that when the lacts anil circumstances accompanying u homicide are ulwin in evidence, the question whether the crime is inurJer or man-laugher lit to be doeided upon the evidence, and not upon uny presumption irom the mere act ot killing." In Malicr Jin. l'eopie (10 Mich., 212, 218) Chuslenncy, J. ob erveil"To give 'he homicide the legal character of murder, all the authorities auree that it inurt have lieen perpetrated with malice pretenoe or a tore thought. This malice in just ax essential an ingredient of the offence as ihi act which cause* th? death. Without the concurrence ol both the crime cannot exist, and a* every limn in presumed to be Innocent ot the offence ol which he is charged till he is proved to be guilty, this priauinption must apply eauallytoUo.h ingredients ol the oir. nce, tothemalkj as well as to the killing. Hence, though the principle

necms to have been sometimes overlooked, the burden of prooi us to each rest* equally upon the pro^cution. though the one may admit and require niore direct. proof than the other, malice in inostcafAs not being susceptible ol direct proof, but to be establbned by Inlcrenoe^ more or U'kk strong, to be drawn from ibe la' U and circuin atadces connected with the k.?lljn?, and *h'cbJ?J25J? the. deposition or state ot mind with which Itiwas <lone. Bishop condemns the common law rule of Inter ring malice irom the killing. (2 ' 'um. I'roc., <30.) Under the existing statute ot New \ ork relating to the subnet, it niav he brlctly suited that u> couati tu^ Jj? 11 the first degree It must appear that the killing was Irom a premeditated design lo effect the death of a human being, or that it was perpetrated by an aU immi ne-ntly dangeroas to others, evincing a depraved mlrid, regardless of human lire; or when committing the <-??>? ol arson in the tlrst degree, if perpetrated when In the commission o! any other felony, It would be murder in the second degree only. Any other species of homicide would be manslaughter, or excusable, or justifiab lo ?tom icliie. In the cast ol People vs. White the late Court ot Krrors held tiiat when an indictment charged the killing to be feloniously, willfully. of malice aforethought and from a premeditated design to effect deuth, the premeditated design or express malice must be proved, and our Court of Appeals appears to have approved the doctrine in Ht-zgeruld vs. People. SI N. V., 41H. The Chancellor in the former case (p. 63i.) ?alil"His a general rule in Indictments fhatevery tact or circumstance which is a necessary ingredient to constitute the offence, or which I* material to the Iden tity, mint be correctly sot out, and must be proved sub stantially as charged." Again, at page rvi7, iu the case under consideration, the Indictment having charged the murder to have been committed with malice # I ore thought, which embraced every deflnliioi\ol muruer, It authorized the conviction of the prisoner upon that count, upon proof bringing a case witliln either of the statutory definitions ot murder wlin malice aforethought. (Judge_ Kanchcr hore cited the arguments ot Senators Edwards and rolsorn In the same case.i The distinction ot unjustifiable kill ing with premeditated design as one ol the particular classes falling under the general head of malice a|ore thought, and quite distinct from malice Implied In the killing, In the commission ot some act dangerous to human lite or otherwise, is an old one. and may be found in all books of the common law. (I Hawkins, P. 0.. 18?) Accordingly our statute lias, in defining and classilying the several species of murder, placed In the first class, as distinguished from the others, the killing with premedi tated design to effect the death of the person Wiled it is true that It has been said the doctrine of the Court of krrors (in 24 Wend., 620) was that the pleader, by In troducing the words ' with premeditated design. Ac., had adopted them as descriptive of the specific act churgrd, and as mutter ofacscnptlon he had W^e tnem material, though the words were not necaasafry to the validity ot the indictment." (P. Woodruff, J., in .J7 w. 426.) fet the same Judge says. p. 4#>:? But as lra.alil4c? grepense' had obtained a broader meanlug than belongs >'premeditated design.1 the statute requires. In order to u conviction of murder under the Urst sub division, the existence of an uctual intention to kill." "The existence of such intention must, there fore. be proved on the trial to sustuin such.an indictment under tho tlrst sub division. The result ot the case most clearly is, the orime oi murder Is sufficiently charged when alleged, as In the present indictment, with malice aforethought." But, In order to prove the crime. the proofs must establish a case within the require ments ol the statute in one ot its three sub-divisions. It being shown that a portion ol the charge of the learned Judge at the trlalwss erroneous, should tho judgment be reversed for that error T If it be possible that the prisoner was injured by the error there should be a new trial, and I think the rule is, that it Is not lor him to show how, or to what extent he was prejudiced. The existence ol the error prima facie establishes his claim lo relict. In order to sustain tho judgment. It must aimear th?t tlio error could not and did not affect, the verdict. 11 no harm was done lo the prisoner by the error he cannot complain. The rule is well settled that It the charge or other decis ion of the Court below bo erroneous, still it the. Court above can clearly see that it could nut11PW",Jice.tl'? mlits of the party objecting to it, tne verdict will not be set aside, and this rule applies as well to u bill of exceptions on writ of error as to a csuie. The law concerning bills ot exception is the same in criminal as it is In civil cases. In People vs. Wiley, 3 11111,135, 214, It was held that though the court in the course ol a trial, whether civil or criminal, err in point of law, yet 11 the error be one which by legal necessity can do iniurv, it is not cause for setting aside toe verdict, even on a bill of exceptions. The Court o Appeals havo held that erroneous instructions will not authorize reversing the judgment where it appears from the form ol the finding, as matter ol legal necessity that the error did not effect the result (People vs. Brunsby, 32 "?WK u .fe,,^ another case the same Court held that U the ruling be erroneous the party against whom it is made will be entitled to a re venal oi the judgment against him, unless it clearly appear that he was not prejudiced by the error. It may. diereiore, be assumed as a correct principle that, if tho ruling or portion of the charge complained ot were of no Importance or did not preju dice the party excepting to it the judgment may hi sus tained, notwithstanding the error, i he Court ot last re sort gave a late Illustration ot the principle, when they held that criminal conviction will nut be reversed wHero the Judge who tried the cause denied a mo tion to strike out evidence which was wholly Immaterial. We are brought therefore, to v am mronTANT lN40IBr. Whether In this case the error in the , charge which is complained ol was materia or prejudicial to the prisoner. That important question Is necessarily forced upon our attention, and it calls for the carelul examina tion uud calm determination of the court. W as the jurr properlv instructed npon the point ot premeditated de iignt bid not the Judge plainly and unequivocally In struct the jury that the burden oi proving premeditated design rested on the prosecution T Were the Instructions to the jury us perspicuous, and so unetiui\ocaU irom toe language of the charge that premeditated desiga to effect death was an essential element ol the crime of murder in the flrsi degrcer and were they told that thev must find this clement to exist from the circumstances ol the case upon the cvidencc tfiven by the nrosccution beiore the priaonor could be couvicted of murder in the first degree? If these inquiries are, upon an examination ol the whole charge, properly to be answered in the affirmative, then no preiudicc could, by legal necessity, have resulted to the prisoner irom the error of tlic Judge in his remarks as to Uie inference of design irom the mere fact ol killing. The Indictment is that an error by the Judge was prejudiced to the plain tiff in error, and we are called upon to determine whether, upon the wholo charge, such indictment Is re pelled. Alter carefully reading ihe entire charge oi the learned Judge I am of the opinion that the erroneous part ol his charge, which has been above con sidered, and which in fact, consists oi a slugle sentence, was ouly a momentary departure from the general tenor ot the charge on the subject ol premeditated design. It seems to me that the instructions given to the jury In re pealed passages of the charges were so explicit that the Jury could not be misled. They were distinctly told that murder in the nrst degree was the killing ot a person, with a premedited design to effect the dettiti of tne per son so killed ; with the premeditated design to effect the death ol Fisk in this case. And tnat thoy were to determine, even ll there were two pistols, wbcthur they "And In this case the evidence ol pre meditated design on the part of the prisoner to effect the death of Klsk." In doing that, said the Judge, "you have got over the body of this evidence, and realize as clearly as possible the position ol these parties, and whether from the whole body ot the evidence there is enough to satlsiy you that the prisoner had at the time ot tiring this design ot killing Klsk. I his direction was so clear that the jury could not have misunderstood what question they were to consider, and what finding they must make as to the premeditated design ot the pris oner beiore convicting him ol murder in the tlrst degree. It Is truo that nttcr this explicit direction on ihe point of premeditated design ihe erroneous sen tence above reviewed was enunciated, and the matter might have been lelt in doubt had not the counsel lor the prosccutiou called attention to the point, requesting turtner Instructions on the question ot premeditated de sign, and had not the Judge, in response thereto, given further and final instructions to tho jury on that very *'"while'1 the law does not define any particular length ot time that shall Intervene between tho formation of such premeditated design and its execution, it does require that the jury shall bo clearly satisfied that the prisoner bad sufficient time before to deliberaic upon the question and that he had actually formed a full and complete intention to kill, it the jury are not satisfied that they should not convict the prisoner of murder, although ho used a dangerous weapon and death resulted from it, perhaps it is best lor tne not to givo any language of my own, hut to use that of tli* law. Tho Court ot Appeals have decided that the question is not whether a design to tako life existed. but the grand nuestlon Is whether there is an in tention to kill existing at the moment of Btriklng the blow, or In the case ol pulling the trigger, is such intention a premeditated design? Within tho meaning oi the statute the words premeditated, alorctliought and prepense possess, ctymologlcally, the same mcaulng, being the Latin and saxon synonvmes, expressing a single idea, and possessing in law precisely the same lorce. ll there be sufficient deliberation to lorm a design to take llto there is a sufficient deliberation to constitute murder. No matter whether the design was lormed at ihe Instant ol striking the latal blow, or whether It was contemplated for months. It is enough that the intention precedes the act; although, the act following Instantlv, of cour-e there must be a premeditated design. Within that definition, I decline to charge otherwise. The counsel for the prisoner then excepted to the reiusal to charge, as requested by them. The structure of civilized society rests upon laws (hut punish such offences. Those laws should be laithtully administered. Where there has been a conviction lor crime altera fair trial the penally should lollow, and it is not lor any light rea-ou that the Court should reverse the conviction. 1 think If is the solemn duty ol the Court in this case to affirm the judgment. , ihe motion lor a new trial is denied, and the Judgment affirmed. The decision is of jjreat length. Tho lercgolng arc the loading points. How Stokes Hecrlved the Decision and What the Public Tliink About It. Tlio denial of a new trial was recolved by Stokes very shortly after the decision of the Court was given. He manifested his usual Indifference, spoko with his accustomed confldence that the decision would be reversed, and said to Warden Johnson, who was with him when the information caiuu, that his lawyers would go to the Court of Appeals, as though there were no preliminary steps to bo taken ami as if going to the Court of Appeals was a mutter of course. Stokes showed no teellngs of despondency or loss of hope In any wuy through out the remainder of the day, but sustained that assurance ol confidence that he will never have In dicted upon him the death penalty that has char acterized him ever since the night he shot Klsk. The probabilities of his ever being hanged were pretty generally discussed yesterday, if was the lopie. ol the hour, and the subject of conversation in the street cars. It was curious and instructive to note the change in public feeling, thet ?**ti<>n irom the openly avowed sentimeut that hanuing HUs olaveil out in New \ork" to tlio almost unani mous expression of confidence that the law( b?* HtiRt&lRCMl. and tiiat the courts would not any longer be trifled with, and that public sentimeut doing its good and perfect work, STRIKE OF-rHE SHIP JOINERS Meeting of the Hoolely I^ast Evening? An Increase ot Wagei I>? m??nilrd?What the Membera Think ot a Strike. The adjourned meeting of the ship joiners of New York and its vicinity was held last evening at 193 Bowery. Thirty-two members wero present. The secrn tary stalod the ob|cct of \helr association, ss fol lows;?t>a?t year, lie.said, uudllio year previous, luisiues* wu very dull tmnnt t??m. Yet mo rsw of wages or ' tx>lb joiners aad slnp carpenters was >4 pur day. The merchant* and shipowners resolved Ui decrease this rale of pay 11 lent, ami did decrea e It, under ihe pretext that it wan seriously hi ming their business, tiiiil contracts were made with shipbuilders hi other cities, uuti that New York wa. l>ast of all patron iged. They then tiled Ihe rate at $3 .V por day. Tim lamed lor nix months. Husi ness again becoming brisk the curpt nters and cauikcrs demanded $4 per day, ant] were suoceaslul in obtaining it 'ihe bliip joiners did not think It a favorable time then to urge tlielr deinand lor an increase. Now, (In line the demand greater .lian the supply, they build their hope* of gettlug increased wages on me favorable condi tion ol tbeir trade. A strike will bu avoided il possible, but, it Itabould be deeiued necessurv, the men Intend to enforce their claims. Mr. Nathaniel Belt* pre sided lout evening, and Mr. J. U. Mahouev acted i>ecrctarjr. The former succeeded in eliciting J?? ?pme of tbe men their view* on the sub ff k.,. v"*'. shops auJ .varda were reported SLJ?'.?' particularly busy. In some, Wllliuinsburg, 140,1 **ook Included, employers were pay ?Hn P,cn wer# content there, lu New York inivifiu ? ol the members present, wl'aitiiv^wiifi^4 ?h?nK*Kt* Ww ** "? thought more J,J IS1'10 do same. A letter r ? the Biirht- Hour l<eagm- requesting the mnini nHi Th"1"1?!?1?". *l u,eir '???Uog ou Friday wauea aiz vean 1p Jolncr?' Society struck lor wai.es six years ago, and were unsuccessful. 'Ihe seneral feeling ol tlie members wus In lavor of a strike and u vote on this point will be taken on Monda/evei ini next until which time ttoey finally adjourned. THE II0&SE8H0EAS' 8TU1&E. The Railroad Companies Fighting the Men?The Men Hopeful and the Em ployer* Stubborn?The Shopa Filling with !Von-Soclcty Men. The horseshocrs' strike, which bosun on Monday last, has apread all over the city, and the strike is now gen eral. The railroad companies, who are the largest em ployers of shocrs in the city, are all confident of their ability to get non-society men enough to do their work, although they recoguise the fact thai it will take time. Their plan la to bring men from the oountry and adjoining towns, and time, they say, ia all that Is necessary to portent their plans. In eonversutlon with a gentleman connocuii with the Seventh A>enae road the IIucald reporter was iuiormed that the strike was most Ill-timed, lor the reason that horses can remain longer now without shoeing than they could in the Winter time Tbe gentleman expressed himself to ihe elfect that if the men liad struck lu the Winter the companies would liuve been obliged to comply with tlicir demands, but now they are able to dispense with them and hire other men. The Seventh Avenue road, which em ployed twenty-two men. have only three working now, and the Superintendent says (hat tUey can keep the horses on the road lor a week to come, and ho hones In the meantime to get eighteen non-society men. This company say they will uevur again employ soeieiy men li they have to run only one-hall the usual comple ment of cars. Mr. Hart, the superintendent of the shoeing shop on this road, says that this morning he will have enough men to do all the work, lie says he has orders not to employ society uiea lor any consideration, not oven if they ask to work at reduced rates. The new men are got ting $3 60 a day. the wages the society men were getting when they struck lor $4. The Fourth Avenue roaitis still without shoers, and It is rumored that tbe society men will return to work this morning ut $4 a day. On tlie Third Avenue road the men arc at work, ihn com; any having complied with their demands. Ihe second Ave nue road have employed tbe society men again at the $4 rate, and everything is working smoothly In their shops. In the other shop* the men are for the most part at work, tho companies having complied with the society's demands. MARRIAGES AND DEATHS. Married. Hochrstarttkr?Chesbbkough.?On Wednesday, May 7, at the Church of tho Incarnation, by tile Rev. Dr. Montgomery, William J. Hochstaetter, of Hesse Darmstadt, to Augusta Stuyvbsant, tuird daughter of the late Robeit J. Chesebrough. 1'ottkk?Hopper.?In Paterson, N. J., on Tues day, May 6, 1873, at the residence of the bride's parents, by tho Rev. William H. Clark, Francis W, Potter, Esq., of Newark, Uuited States consul at Marseilles, France, to Miss Mary A., eldest daugh ter of Hon. John Hopper. Requa?Whiti.?On Wednesday, May 7. at the Pilgrim Baptist church. Thirty-third street, by tho Kev. J. S. Kenuard, L P. Kequa, of this city, to Sadib, daughter ol Rulus White, of Newark, N. J. Newark papers please copy. Simpson?11 az/.au i>. ?In Brooklyn, Wednesday, May 7, by the Rev. Dr. HurchanJ, ol New York city, Alfred H. .Simpson, of Brooklyn, to Ida S. Haz zaiid, daughter of the late Jailies H. Buzzard, of New burg, N. Y. No cards. Died. Aspinwaix.?On Tuesday morning. May 0, at 33 East Tenth street, John L. Aspi.n wall, aged 67 years. Notice or funeral hereafter. Barky.?On Wednesday, May 7, Jessie Barry, eldest child of Thomas L. and Mary T. Barry, aged 7 years and 0 months. Puneral from her parents' residence, 331 East Twelfth street, on Thursday, at two o'clock P. M. Bliss.?on Tuesday, Mh.v 0, Mrs. Ann W. Bliss, aged 70 years and 7 months. Funeral will tie attended at the residence of her Bon, D. M. Bliss, 63 West Forty-ninth street, on Thursday, May 8, at 11 o'clock A. M. Relatives and friends of the family, and also of her son, Samuel A. Porter, are Invited to attend. Bockke.?Suddenly, at his residence, Ramapo Valley, Abram W. Bockek, in the 62d year of his age. Funeral services at the Island cnurch, Mahwah, at one P. M., on Thursday, May 8. Train per Erie Railway leaves foot of Chambers street at eleven A. M. and returns at seventeen minutes past three P. M. from Mahwah. Relatives and frieuds are in vited to attend, without iurthcr notl"e. Carriages wilt be In attendance on arrival of tue train. Boylan.?On Wednesday, May 7, Patrick Boy lan, in the 26th year of his age; a native of Tilly corblt, county Monahan, Ireland. The friends of the family are respectfully re ?iuestcd to attend his funeral, on Fridar, May 9, rom the residence of his brother-in-law, Michael Rear, 6lu West Forty-third street, at one o'clock P. M. Brimlow.?In this city, on Wednesday, May 7, John W. Buimlow, In the fi2d year or Ins age. The relatives and irlends of the lamily are re spectfully invited to attend the funeral from his late residence, 685 Washington street, on Friday, May 0, at one o'clock P. M. Biiodiiead.?On Tuesday morning, May 6, at his rcsidcucc, in this city, ol pneumonia. John Romeyn Bkoduead, aged 69 years. Relatives and irieuds of tho family are invited to attend the funeral services, at the Collegiate Re formed Dutch church, corner of Pith aveune and Twenty-ninth street, on Friday, May a, at ten o'clock A. Mr Canavan?On Tuesday, May 6, at his residence, 173 Clinton street, Thomas canavan, fo?nierly of Little Rilrush, Limerick city, in the 74th year of his age. His friends, and those of his sons James, John, Michael, Patrick and Thomas, are respectlnlly re quested to attend the funeral, this (Thursday) alter noon, at two o'clock. Limerick and Clare papers please copy. Chase.?Suddenly, on Wednesday, Mav 7, at the residence of his sou-ln-law, >V. H. Uoyt, No. 4 West Thirty-third street, S. P. Cha.se, Cnier Justice or tbe United states, lu the 66th year or his age. The remains will lie in St. Oeorge's cnurch, Stuyvesant square, on Friday. Funeral services in the same church, on Saturday aitcrnoon, at three o'clock. Clifford.?On Tuesday, May fl, Henry F. Clif ford, Jr., aned 43 years. The relatives and irlends of the family are re spectfully invited to attend tne Mineral, from his late residence, corner of Commerce and Imlay Btreets, Brooklyn, at two o'clock, Thursday, the 8th lnst. The remains will be taken to Ureciiwood Cemetery for Interment. Coffby.?Od Tuesday, May 6, Mrs. Ellen Coffey, in her67thycar. The relatives and "iriends of the family aro Invited to attend the luneral, irom the residence ol her Bon-in-law. P. Whelan, 129 West Twenty-fourth street, on Thursday, May 8, at ha If-past oue P. M. Dalley.?At Washington Heights, on Wednes day, Mar 7, Ellen Oai.i.ky, wile of John Dalley and daughter of the late Dennis Harris, aged 45 yeai s. Relatives and Irlends ol the lamily are rcsuect rull.v invited to attend the funeral, from the Wash ington Heights Methodist Episcopal church, Tenth avenue and I6:id street, on Friday, May 9, at two o'clock P. M. Hudson River Railroad trains leave Thirtieth street at hall-past one P. M. Davey.? At Finderne, N. J., on Wednesday, May 7, 1873, Captain Henry Imvey, aged 46 years. Ills relatives and Iriends are invited to attend the itinera! services at his late residence, on Satur day, May 10, 1873, at one o'clock P. M. Train leaves New York, root of Liberty street, at 10:15 A. M. Carriages will be at the depot on arrival of the train. Davidson,?On Tuesday, May 6, Christina' A. Davidson, beloved wile or Thomas U. Davidson, aged 54 years. Fnneral on Friday, at one o'clock P, M., rrom 3fio Fast. Fiftieth street. Downey.?On Wednesday morning, Mny 7. Mbv vin Irving Downey, only child ol James II. and Sarah E. Downey and grandson of Mr. W. L. Ben nett, aged '1 years, 8 months and 2 days. Relatives and rrlends ol the family are requested to attend the faneral, irom the residence or his parents, 635 Leonard street, Orecnpoint, at one o'clock, on Friday. May ?. Edgar.?At Westiield, N. J? on Wednesday, May 7, Mary Josephine, wile ol Rev. E. B. Edgar. Friends ol the family and members of the Pres bytery or Elizabeth aro Invited to attend the funeral, on Friday, at two P. M., at the Presbyterian church. Trains leave loot uf Liberty street at twelve noon and 19:50 P. M. Eihenlorii.?On Wednesday, May 7, or pneu monia, Dr. Alonzo M. K. Eisbnlord. Friends are invited lo attend the funeral, on Sunday, May II, at ten A. M., at Kort. Plain, N. Y. t Fakkell.?or a sudden Illness, John Faureli., a native of Trim, county Mcnth, Ireland, lu the 4bth year of his age. Tne irlends and acquaintances of the family, and those of his brother James nnd of his brothers-in law John, James aud Thomas Early, are respect fully requested to attend the funeral, on Friday morninR, the 9th Inst,, at nine o'clock, from his late residence, 93 Henry street, to St, Teresa's church, where a solemn requiem will lie celebrated for the repose or his soul, aud from thonco to Cai varv Cemetery. Farkell.?On Tuesday, May rt, at her residence, 17ii Montgomery street, Jersev City, Helen, the be loved wife ol Jaines harrell anil daughter of Patrick ami the late Elizabeth Mct'ormick, aged 34 years and 3 months. The remains will be taken from tho above place to St. Bernard's church, Thirteenth street, be tween Ninth aud Icutu avcnuca. thut city, wiiure a solemn rwjotMn ntjrn mass will he ceieara^ed fn? the repose of Her i-oul, at ten o'clock this (('hunt, day) ujoruing, May 8, thence; at hair-pantoni o'clock, to Calvary Cemetery lor interment/ ?? relatives aud frl-nds or the family are respecting invited to attend. FbbkA.?At Williamsburg, on Tuesday Mav a *r hJHaUc,Ptl?11' Danikl lL Fjc**3? ltl the Siith year *f The relatives and friends or the ramllv are r? spectlully invite.! to attend his funeral from 11* South Filth street, Wiiiiaiu.-biirg, on 'lhursdav sta Instant, at tnree o'clock P. M. Finnkrtv.?In Brooklyn, on Wednesday rnornioir years. ' wl,e 01 fnomas Flunerty, aged ti The relatives and rriends of the family are re spectrally invited to attend her luneral, on Frida# morning, at ten A. M., irom St. Peter's church. Hicks street, corner or Warren, where a high mass* or requiem will be offered up; from thence to the Cemetery or the Holy Cross, Flatbush. for Interment. Fkielinu.?On Wednesday, May 7, 1873, Marga ret, the beloved wile of C. William Frieling, aged 35 years. The relatives and friends or the family are re spectfully invited to attend tho fuueral, from her late residence, 3tf7 Second avenue, on Friday Mar 9, at haii'-paat one o'clock P. M. Rockland (Me.) papers please copy. Gallaohkr.?On Tuesday, May a, after a Iim anil painful illness, Mary, th> widow of Hurt Lallagher, in the H2il year 01 her age. Her relatives and Iriends and those of her seas Wi.iiam, Hugh ano Edward, also iho.se of hor Brother, Charles Kerrigan, are respectfully invited T^..tttt^nu 'Ji0 ,onera|. ut half-past one P. M., oa inursday. May 8, irom her late residence, i'M fcleveuth avenue, between Forty-first and Fort* second streets. v GiLi.BN._on Monday evening, May 6. Map.harht nr'tt? tC ? W",an? H> cillen, and second daughter of the late Wll lam McBrlde. ??uK.,vcr f uneral services at her late rcsldenoe, Passalo ?. J., on i hursday, the 8th mst., at. three o'clock Cam'1?es will meet train leaving foot or Chambers street, Eric Hal way. at 1:45 p M Grbrnr?At her residence, 32!) Fust sixteenth in ?) i/<n TuPK(,il7, Mav ?? Catharine, widow of Michael Greene, ui the 77th year of her age. invirl 11!???*8 H!,<1' a<jiualntance8 are respectfully Invited to attend her luneral, from the Church of tho Immaculate Conception. Fourteenth street. w1u.r.-a ?enu.e B'on Thur8t1ay morning, at ten o'c.oct where a s,ileum ma.? 01 requiem will be oiTered Up the repose 01 ncrsoul. Interment in Eleventh street ue niece ry. Havens.?On Tuesday, May 6, at Shelter Island. Albert G. Havens, In the 6;th year of his aire w the tirm of A. G. llavens A Son, of this city. The relatives and iriends are invited to attend the funeral, at his late residence on Shelter Island on Friday at 4 P. M. ' Hawkins.?On Wednesday, May 7, Stephen, son or James Hawkins, aged 17 years, 2 months and 3 days. Hi" luneral will take place from his father's resi dence, 251 West Houston street, at two o'clock, on rrlday, Muy 9. The iriends ol the lainily are re quested to attend. Hayes.?on Wednesday, May 7, at a quarter to eleven o'clock A. M., ut lils residence, 181 West Tenth street. Mr. James E. Hayes, manager of the Olympic Theatre, In the 47th year of his aire. Mr. Hayes had been ill but little more titan two weeks ora complication of heart aud brain diseases. He leaves a wile and oac child. The luneral services will take place at St. Ann's Episcopal church, West Eighteenth street, near Filth avenue, on Friday, May 9, at four P. M. Friends and members t?i tue profession are respect fully Invited to iitteud. Tue remains will be taken to Boston for iuterment. Houghton.?On Tuesday afternoon, May A. KEuiNA Martinez IIern/ wife 01 Kev. Edward C. Houghton, at her residence, it East Twenty-ninth street, 111 this city, aged 27 years. The relatives and Iriends 01 the family are re spectfully invited to attend thu fuueral at tho Church of the Transfiguration, on Friday, May ?. at eleveu o'clock A. M. ?" 3 ' Keyser?on Monday, May 5, 1873, Ernest Kby seii, age l 85. Relatives and friends of the family are invited to attend the funeral, lroni lus late residence. 14 three o!c^rkTif!atreet' ?" Thursdtt* 8th Kniffin.?On Wednesday, May 7, 1873. at his resi dence. 51 Uethuue street, Alueknon a Kniffin, in the t>6th year of his age. Relatives and trlcuds of the family are respect fully Invited to attend his luneral, ou Saturday. May 10, ut one o'clock, irom the church curner of Wavcriey place and A'est Eleventh street. MAf.0NEY.-0n Tuesday, May 6, Ann, the beloved witc 01 Joseph Maloney, aged 40 vears. The relatives and friends are invited to the fune ral, irom the Church of St. Elizabeth, Fort Wash ington, on Thursdav, Mav 8, at 10 o'clock A. M.t where a high mass 01 requiem will be celebrated. Massac.?On Wednesday morning, May 7. Ma tilda, wife of W. H. Marsac, aged 4S years. Relatives and friends ol tho lainily are respect fully invited to attend the funeral, Irom her late residence, 727 Nlntn avenue, on Thursday, at oue o'clock. . Martvn.?On Monday, May 5, of consumption. CnARUSS H. Martyn. Funeral this (Thursday) morning, at ten o'clock, from the Church of the Redeemer, Fourth avenno and Flignty-secord street. Murray.?on Tuesday, May 6, Hooii Murray, a native ol the county Down, Ireland, in tho 05tn year of his age. The relatives and iriends of the family are respectlully invited to attend his feneral, from his late residence, 46 Perry sticet, 011 Friday ulter noon, at one o'clock. Ills remains will be taken to Calvary Cemetery for Interment. Murphy.?on Wednesday, May 7, 1973, after a short illness, Joseph Clarence, youngest son of Thomas and Mary Anne Murphv, aged 4 months and 2 weeks. Funeral will take place from tho residence of his parents, 325 East 'ITurty-nlnth street, on Friday, May 9, at two P. M., thence to Calvary Cemetery. Albany papers please copy. McClure?In this city, on Wednesday, May 7. STEniRN Conover, sou of John s. McClure, In the 33d year of his age. The relatives and friends of the family are ln . e attend the luneral, irom Taberuacle church (Kev. Ur. Taylor's), corner Thirty-lourth street and Sixth avenue, ou Friday, May 9, at 1 McTurk.?At the residence of his parents, 409 Wes; Twenty-fourth street, on Tuesday, May ?. David McTurk, in the 23d year or his ane. The Iriends or the family are respectfully re quested to uttend the luueral on Thursday. May & at one o'clock P. M. ' 3 * Nkwton.?On Wednesday morning, May 7, Francis u., infant son of General John Newton. United States Engineers. Funeral on Friday afternoon, at two o'clock. from residence 41 New York avenue. O'Donnell.?on Wednesday, May 7, 1873, Jambs O Donnei.l, a native of the parish of Charleville, county Cork, Ireland, in the 30th year of his age. The relatives and friends are respectfully In vited to attend the funeral lr?yn his late residence, 75 Carmine street, to-morrow (Friday) afternoon at two o'clock. Petsiiaw?On Wednesday morning, May 7, Mii> warp, infant son of Adolph M. and Julie 1* Pet shaw. The ftineral will take place on Thursday, at one o'clock P. M., from 34s Kast Fourth street. PniLniN.?In Iirooklyn, ou Wednesday, May 7, Michael Puilbin, a native of Partree, near liallin robc, County Mayo, Ireland, aged 55 years. His remains will be taken from his late residence, 548 Henry street, to St. Stephen's church, corner of Carroll and Huks, on tsaturday, loth Inst., at ten A. M., when a requiem mass will be said for the re pose of his soul; thence, at two P. M., to the ceme tery of the Holy Cross, Fiathush, for Iuterment. The mends of the lainily are invited to attend. RPhillips.?On Wednesday morning. May 7, at three o'clock, Grorok c. Phillips, aged 56 years. . Funeral on Thursday afternoon, at one o'clock, from the residence of his brother, John Y. Phillips, corner ol H7th street and First avenue. Kelatlves anil friends are respectlully invited to atfeud. Keynolds.? on Wednesday. May 7, Mrs. Julia Ann Reynolds, the beloved wile of Patrick Keynolds, parish of Mohill, county of Leitrlm, Ire laud. The relatives and friends of the ramlly are re spectfully invited to attend the luueral, from I er late residence, 15 Carroll street. South Iirooklyn, 011 Friday, May 9, at halt-past two o'clock. Koiieks,? On Wednesday, May 7, Elizabeth, the beloved wife or Joseph Kogers, aped 28 years. . The relatives and iriends of the family are in vited to attend the runeral, irom her late residence, 24 Willctt street, on Frid ay, May 9. Mlchlgun and Chicago papers please copy. Rosenthal? On Wednesday morning, Mav 7, 1873, at her residence, of heart disease, Johanna, wife ol August Kosenthal, aged 67 years and 4 days. Friends ol the family arc Invited to attend the runeral, from St. Peter's German Lutheran church, corner Forti -sixth street aud i>;xiugtou aveuue, on Friday, Mav 9, at one o'clock. Small.?on Wednesday morning, May 7, Maud K. Small, In the 21st year of hor age. Kelatlves ami iriends ol the family are Invited to attend the luneral, on Friday, May 9, at the Pres byterian chapel, Third avenue, near Tulrty-flrst street. sowkrby.?At Philadelphia, on Monday, May 6, Arthur iSowF.RBY, 57 years ol age. Relatives and friends are respectfully Invited to attend the luneral, this (Thursday) alternoon, at three o'clock, from tue Pacific street Methodist Episcopal church, corner Pacillc and Clinton streets, Brooklyn. The remains will be taken to Greenwood lor Interment. Stopfffr.?In Brooklyn, on Tuesday, May fl, 1873, at his residence, 260 Kavmond street, Captain Qborok C. Stoi efkr, aged 51 years and 14 days. Ills remains will go 10 Baltimore, his native place, lor interment, aud will leave the house at eleven o'clock a. M., Thursday. Friends of the family nnd members of Continental Lodge, 287, F. and A. M., are invited to be pres nt. Van Wakt.?in London, England, on Sunday, April 20, Sarah Craio Van Wakt, wile of Irving Van Wart, of tills city. Fnneral at Edgoaston parish church, Birming ham, on Wednesday, April 23. Walker.?Oil iuesdav, May fl, of consumption, after a snort illness, Joseph Walker, aged 18 years ami 8 months. Friends of tno inimlynre requested to attend the luneral, from the residence of his mother, m7 perry street, on Thursday, Mav 8, ut, one o'clock P. M. Weston.? On Wednesday, May 7, of congestion of the lungs, Richard Warren Weston, in tue 64th year of his age. Wool?On Wednesday morning. May 7, nt Troy, N.Y., Mrs. MajorGeneral John E. Wool, In the soth year of her are. The funeral services will take place at her late residence, ou Friday morning, the 9tU U o'clock.

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