The New York herald., 1871-11-11
II IL II L B I L l.
Dowley, the Deputy Marshal,
Seriously Injured.
The Days Of Fort Lafayette
-
Played Out.
GEN. MCDOWELL INTERVIEWED.
Irving and Tammany in the
Same Boat.

The whole absorbing event yesterday In the United
States Court buildings in Chambers street. was the
case OF the late member OF the Sixteenth district
and later Of Ludlow street. Jim Irving the rrepres
sible. II being known that motion for ban. on the
part OF counsel for the accused, and some further
action hostile 10 The eX-member on the part OF the
prosecution would be taken large crowd filled the
court room the moment the case was called on.
Judge Woodruff presided on the occasion. The
facts OF this case-the alleged assault by Irving on
Deputy Marshal Dowley and the extraordinary con-
duet of Davenport the Commissioner In relation
theretO-has excited great deal OF public interest.
Counsel for defendant was on hand at an early
hour, and the impression OF that gentleman at that
time lhalf-past ten oclock) was that the defendant
would be admitted 10 bail
WITH THE CONSENT OF THE GOVERNMENT,
10 that the acc used might be enabled to 60 on ana
have an examination, as was HIS rght. but an
event '~aranirea IA .ne course OF the day that
helped very much TO get the government out OF the
difficulty in which II had been placed 10y the high.
handed action or Davenport The previous day.
The Grand Jury found bill OF indictment against
Mr.. irving which at once superseded the action OF
the Commissioner and brought the before the
superior branch OF the Court. Had the question
come before Judge Woodruff on the issue raised in
The writ OF habeas corpus, 1t more than probable
that Judicial censure would have been pronounced
upon the commissioner for having SO Impudcntly
ignored the fact that Irving mad been al the request
OF the Assistant District Attorney, In another stage
Of the case, discharged by Commissioner White on
his own recoSnizance. The subjoneu report shows
that the whole proceedings have taken quite o dn-
ferent shape than they presented yesterday.
THE HABEAs CoRPUs.
At eleven O'Clock counsel for defendant stated in
reply to the Court that he in hopes that would
n wit
sion in reference 10 the return habeas corpus In
this case. After consultation with the District
Attorney, he believed an arrangement would be ar.
nved at that would be satisfactory 10 both parties
AT this time the arrangement contemplated by Mr..
Spencer was that he would waive his legal right In
ine case. and give bail for Mr. Irving under the war
rant issued by Davenport.
Judge WOODRUFF asked II the motion would take
long. II 80, it would interrupt case that was on
trial.
The DISTRICT ATTORNEY said the motion would not
bake lve minutes.
The case was then adjourned until half past one
O'Clock.
At that hour 5. W. PuRDY, United States District
Attorney, moved that the defendant Irving, who
had been indicted, be arraigned for trial.
NAT. Irving thcn stood up the 6at ana pic odca
not guilty.
Mr.. SPENCER moved that the defendant be admit
led to bail and that the Court fix the amount. They
were anxious for a speedy trial. Mr.. Irving alleged
that he was innocent and in the meantime this
Indictment had been brought against him. lie
asked the Court to tx such Dail the Court under
The circumstances. deemed proper. lie counseD
would Immediately prepare for trial. which, he sup
poseu woulo take place at once.
Mr.. PuRDy said that regard to bah he was NOT
prepared to argue that motion for the reason that
he desired TO present to the Court certain aidavts
respecting the present condition or the deputy
marshal alleged to have been injured by the de.
Iendant His condition yesterday was critical and
~ one time
HIS LIFE WAS DESPAIRED OF.
he apprehended II would be proper to ascertain the
nature OF his injuries before bail was taken for the
defendant. He had not been able to take arfldavits
signnying the condition Of The deputy marshal, but
ne would have them on Monday.
Mr. SPENCER observed that several persons saw
this Deputy Marshal last eveaing, ana they were OF
opinion that his condition was not critical II he
DIED NOW
the offence alleged against the defen dant would be
IN offence against the State and, that beng So the
matter would be altogether removed from the urls-
diction OF the Court Mr.. Irving was willing to
give BAIL aud II ne was sentenced 10 be hanged on
Monday morning at twelve O'Clock, and passed his
word TO come here, lie would do SO. tLaughter)
He was m Alderman and a gentleman OF position
and he could bring the best bail TO found thus
city.
Mr.. NOAH DAVIS United States District Attorney,
remarked that the lowest punishment for this
offence two years imprisonment ana So 900.
II the death or the onicer ensued, aud the matter
then came under the jurisdiction Of the State Court
Il would he the duty OF the judge TO such bail as
would secure The attendance OF the defendant be.
fore the state Court. II the life OF the Deputy
Marshal were really In jeopardy, he would most
strenuousiy insist that the defendant should not be
admitted TO bail II there was no such danger
then the question OF bail would be properly before
ihe Court
Mr.. G. DoSoHUE, OF counsel for defendant, said
the only Indictment against the defend ant and now
before the Court was Tor assault upon Deputy
Marshal, and, II there was an allegation made that
the mans lie was IN danger, the question must
hpfD as ~ upfn nor fba asn0
not be disposed OF In the state Court
Alter some further discussion or dcsutory
Judge Woodbury. observed thai there would be
time between TINS aud hall past three O'CLOCK
that could be made the foundation Of such acilon
rs might then be deemed proper.
Mr.. sPENCER-Wnl Your Houor be Kind enough 10
permit me to ask where this Deputy Marshal llvesi
n ] can find that out shall send physician 10
Mr.. DAVIS replied that he had been Just inlor med
that the man lived at No. 29o East Broadway.
Inc proceedings were then suspended uniil hal f.
on The reassembling OF the Court counsel for the
defendant again opened the matter 10 the Judge,
stating tnat since lie nad Court lie under
stood mat II had been stated that two PHYSICIANS
tendance upon Douiey, had been discharged be.
cause 1t was alleged, they were favorable to the de.
their place, lie fMr SpenceD had sent for Dr.
Phelps, but he had not yet come INTO court.
An aridayr, sworn TO by brother OF Deputy Mar
sha Dowley, was then read, to the effect that the
inJured man was IN more critical position to-day
yesterday tnan ne had been Tor some days past.
That lie was only III semi CONSCIOUS slate at flter
walls, and that be could not take food. There were
six different wounds on his head and, from what
the delendnnt mad heard he believed the death OF
Dowley would be the result II erysipeas should sci
In.
Dr. Place testified that he was nh ysician and sur
Rcon; ne resides at 3o7 East Broadway, aud was
now practising ms proession he was called in that
afternoon to BEE the injured man. J. Il. Dowley, and
found his mental condition exceedingly depressed:
he suffering from six scalp wounds ON the SKULL
such as might have been inflicted by kicks from q
boot or some blunt Instrument; there was an in.
Iised wound on the right cheek; his pulse was dc.
pressed, aud ne was not out Oi danger.
In reply 10 counsel the witness said the skull was
not fractured; he did not think the man would
die thought lie would recover If erys pelas did not
set In; the probabilities were decidedly In iayor Of
his recovery.
Counsel then urged that a case had been made