The Portland daily press., 1873-06-11
would ferocious dog" This was objected to

by the prosecution, and rejected BY the court to
which the counsel for the accused excepted.
Threats to commit the crime for which per-
son IS upon trial are constantly received as evi'
dence against him as circumstances proper to
os considered in determining the question
whether he has in fact committed the crime for
the reason that the threats indicate an inten-
ton 10 do so, and the existence of this inten-
c cUn creates probability that he has in fact
esonntted it. Had the deceased Just previous
"ce SoIng into the hotel where the transaction
xiii the declared that he was going there to
execute tiIG;used, and that he was prepared to
M4uid have been comneta,,t nnnr tho eu aein
that u,as ne had in fact made the attempt whan
principle no Mas tigate and yet there is in
testimony Offered and reiecta een TINS and the
is only in a degree. The testimon,re aIne5ence
completed and the exception To onered was
we'll taken. The error was one nrsi edGusIon
the accused by deprving him Of the rot 70
have competent testimony in his favor cons;s 20
cred by the jury and cannot be overlooked hv
the court.
Jennie Turner was introduced as a witness
by the defendant and gave material testimony
for the accused. With view 10 impair the
creditabilty of her testimony. she was asked
by the prosecution upon cross-examnation
whether she had not left Mrs Morse by whom
she had been employed without her knowledge
or consent. and whether she did not take things
not belonging to her when she left.
sbow;n~ tha, the ;nd;o.,esnt hoS hosn ordered
bu thntS SLaS ono n"u oeeu 80
plant of Fisk for blarkmailing were improp-
show that the nr;sonar had anu Inowiedge of
any such action by the grand jury -.
The BowIes' Bankruptcy.
The Evening Post says the case of Bowles
Bros, q Co has come out of the bankruptcy
court iu better condition than their most san
guiue friends had yentnred to hone Tn. off,
cial assignee we are told, makes an offer 90
creditors of fifty cents on a dollar. which ac-
cording to the law released the house from Ii
ability.
The members of the house however, have is
| sued statement to their creditors, that they
will pay the other fifty cents, and will come un-
der obligations to do so when they have receiv-
| ed their legal discharge. They propose, il is
| said, to speedily resume business
variea. Matters.
The Tribune says that the grand jury have
found an indictment against young Walworth,
the parricide, OF murder in the first degree.
in the confederate army. and was the last man
| to surrender, was witness yesterday in the
Brinckley divorce suit
MISS Llnda GiiDert OF Chicago, who has been
SO successtul IN raising libraries Tor many State
ana county prisons Is collecting library for
Luuiow street Jau. stokes mas gwen nun
dred volumes. .-R
Inc present police justices are determined to
test the constitutionalty of the law legislating
them out OF office
MARX Iwaln's suit to restrain b. A. Suck
from publishing book bearing Twain's name
as tho author, was argued before Judge InSra
ham to-day. but the decision was reserved.
The bar association to-day passed resolution
| to appoint committee to ask Congress to re-
peal or modify the bank ruptcy act.
l RESIDENT Grant arrived at West Point last
ssvm n anu was received with salute OF Il
Tho u,oas a., A,,.,,o,
i 49, a ooo' on ausnouy NoSe, HUDSON r,Ver'
The steamsh;r Thrrrro. lit
| this evenino hrnnobt tha rar,o;ns of ,a;.;n seu
| Orr in cbaroe Of Re s,,,, y, 4Ainiseer
| Rase RallNMntnal, =. Ros,ors
The ANN. regatta - ~ e,.:
c,nh tooI niaco $500 n sno H ,nnis yacnt
for schooner v;~on Co. frs,eo,aSs me prize
FIvawav for third Gloss '-A'' ''oop'' anu
0ss
VIC" Iria' ssranted stokes.
NEW YORK, june 10.-Profound impression
Is created through the city by the Cont of Ap-
refusal to grant Stokes new trial, was fore
gone conclusion; Stokes has steadily maintain
~ Iuae d new triai would oe granted him, and
d Veruict Oh acquittal be hnallv secured.
ALBANY, N. Y, June 10-The Court of Ap-
peals is unanimous in its opinion In granting
Stokes new trial. There are two Opinions
written; one by Grover, and the other bv Ra-
pello. The charge is held to be erroneous on
the point that the law presumes murder from
the fact of killing and calls on the prisoner to
mitigate OF justify Also, that there were er-
rors in excluding proof of threat by the de-
ceased, to kill the prisoner Also, an error in