The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-24

wAsHIkar0N. March =, ls7a
why tho President Comm utcd OsBricnss
Sentence to imprisonment fsr Life.
The Attorney General, by direction OF the Presi-
dent has made requistion upon the Secretary OF
State for warrant committing the sentence of ex-
Policeman Charles II. O'Brien, who killed q man
named Cunningham, near Georgetown, last Sum-
mer. aud who was sentenced to be executed next
Friday. The reasons set forth by the President are
that very large number Of the citizens of the
District have petitoned for the communication of the
sentence to imprisonment for life. 1t Ia also Al
leged that the act or killing was committed IN
sudden passion, and not with generalization, and
doubts exist on that subject. General Butler
made . great effort to induce the Court to
grant O'Brien new trial, but the mo-
ton was denied. The action Of Governor
Dix, in refusing to commute the sentence OF Fos-
ter, Is strongly contrasted with the Presidents
excuse In setting forth on the recommendation of
influential friends that doubt exists ss to the pre-
meditation Of the murder. O'Brien was on duty at
the time at picnic, and armed. as is usual, with
heavy revolver. 1t was In evidence that there was
some conversation between the accused and the
deceased's wife as to the former procuring stua-
ton for the deceased, and some words ensued be-
tween the parties as to the characters of their
wives. Lieutenant Essex took the policeman's
baton and badge OF the accused from him, and ten
or fifteen minutes afterwards the fatal shot was
fired ~ O'Brien. The Foster and O'Brien cases
are somewhat alike, with this against O'Bricn, that
he was perfectly sober and had plenty of time
In which to allow his passion subsidc unless he
nursed 1t with the intention Of shooting Cunning
ham on sight, The history Of the case is brief.
OBrien, who Is a powerful man, had done some
favor for Cunningham and proposed in return that
Mrs. Cunningham should grant him certain favOrs.
which were Indignantly refused. Cunningham
accuse OBrien's wife Of being no better than "se
should be-" Cunningha who was q man of slight
stature and unarmed, expressed his mind freely,
and 1t was for engaging in the wordy quarrel that
the Lieutenant put O'Brien under arrest. In place
OF taking from him his baton and badge public
criticism declared he should have been deprived OF
his weapon. The press has condemned the act OF
the President, and 1t Is az much the theme OF CEN
versation In the District as was the pending
plea for Foster last week. The Communication papers
Will be prepared tomorrow and delivered to the
warden OF the jail on Tuesday. O'Brien will be
sent to Albany, where, after four five years. hard
labor, he hopes to be pardOned.
The Caldwell Farce Not Yet Concluded
Old Subsidy Working the Senatorial
Chair.
slow length along for more than a fortnight, and
the Senate Is thoroughly tired of 1t, and the
country cannot be less fatigued with the
reiteration Of the staple arguments used during
the discussion. The facts have admitted OF no
argument on either side worth mentioning
and the legal features OF the case were worn
threadbare by Thurman and Cenkling early In the
discussion. Morton has yet his piece de resistance
undeivered on the subject, and the cOpiousness
and minuteness OF the notes he has been taking
are Indicative of at least three hours summing
up OF the law and the evidence. 1t Is barely prob
able vote will be reached before Tuesday, when
careful polling of the Senate has rendered it
certain that the resolution to leave the seat vacant
and requiring majority vote will be defeated The
supplemental resolution in reference to expulsion
Is likely to receive a majority vote when, accord
ing to the etiquette OF the Senate, as fixed by
precedent in the case of Preston Brooks, though
the vote be legally insufficient, IL will devolve
upon Caldwell to resign. rum0r to this effect
that Caldwell has promised to resign in the event
that the resolution declaring his seat vacant pre-
walls, Is said on the best authority, to be utterly
groundless, and intended merely to influence those
OF his virulent enemies who might gain in numbers
by the time the votes passed the 1rs resolution
sufficiently to carry it, to mitigate tribe Of their
opposition and allow the resolution 10 fall In which
event 1t Is believed that further proceedings in the
matter will be STAYED OF until the next session and
Caldwell win retain his seat. But there Is q gro
tesque inside to this Caldwell drama that, to those
cognizant Of its meaning and processes, is INF
nitely more entertaining than the droning, long.
drawn debate as to the actual or constructive
bribery by Caldwell ana the proper penalty
thereof. 1t is no less astounding than true that
"Old Subsidy" is allowed to be one of the most
potent proDulsive engines to this investigation,
and superlative boldness in this age Of cheek
passes from the possible to the incredible, when
the aetuating motive OF "Pom" is recog-
nized on the best authority to be o desire
to secure an intention to enter the contest to at
tain the succession. Christian craftsmanship was
dealt staggering blow with the defeat OF It's most
luminous exponent, and his vindication on the
field OF his defeat his replacement in the seat
whose patronage and influence he carved out, to
the enrichment Of men OF certain "kidney'' is
thought essential by his associates to the retention
of Christian craftsmanship as plutial
factor In eur national legislation and
party rule. Pomeroy, whose submity OF
holiness is not weakened by the altitude OF
this fancy flight, has summoned his clans from
Kansas-those who have received their favors from
his hand for years and In turn have soiled their
own palms with any work he has set them to do.
This crowd which, from al accounts, is composed
of men with whom Falsta1rs recruits would have
mutlnied rather than parade in public, FIRST made
O dead set to GUST Ingalls,, the new Senator, on
the ground that his election was the result
Of conspiracy and therefore invalid. The
Senate took no notice Of this pack of ire
sponsible and hungry faverites, but promptly
laid their memorials, two or three Of which
they persisted in presenting on the table, They
then reverted to their last chance the expulsion of
CALDWELL and this end they are forwarding appa-
rently with diligence which could not be ex-
ceeded Ii backed by the most virtuous and public
spirited intentions. This little nest OF special lob
byists is somewhat interesting in It's personnel A
reverend gentleman from Boston is one OF them
and is the most f0rcibe ana longest headed o.
"Pom's' adjuncts. He was q Baptist preacher
from Maine who achieved meteeric notoriety at
the Hub as sensational preacher but whose career