The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-06
ARRANGEMENT OF MuRDRRERs.

Six Indicted Murdercrs Summoned to
Plead Before the Court OF Oyer and
Tcrminer-SPeedy Trials the Order OF
tho Day-Indictment Found Against
Simmons and u Bench Warrant Issued
for His Arrest.
On the reassemblng OF the Court OF Oyer and Ter
miner yesterday morning Judge Brady showed
that he Intended to carry out to the letter the de-
termination expressed in mis- charge to the Grand
Jury on the opening day OF the term, to bring to
speedy trial the murderers now filing to reple-
ron the City Prison. He gave counsel distinctly to
understand shat no subterfuges OF delay would
avail them, but that speedy trials were the order
of the day, aud that when their cases were called
they must be prepared for trial. The Grand Jury,
too. have shown most commendable promptitude in
the discharge OF their duties. On the opening OF the
Court they presented six indictments for murder
In the first degree. The parties against whom the
indictments were found. with like premptitude
were summoned before the Court to plead. In
order not to interfere with the trials OF Scannel
and King-the former OF which Is set down for next
Monday and the latter the Monday lollowlng-nonc
were placed on trial; put the Judge gave their
Scanned ana King were finished they must be
ready to 60 on at moments notice.
THE KILLING OF MAUD MERRILL.
The first person arraigned was Robert Bleakley,
indicted for the murder o. his niece, Mary Ann
Foley, alias Maud Merrill, at house OF Ill lame in
Mr. William +. Howe, the prisoners counsel, In
terposed a plea OF not guilty.
Mr.. Phelps, District Attorney, said he was ready
to proceed with the trial at an early day.
Mr.. Howe said he could not enter upon the trial
without proper preparation. He would be engaged
as counsel Tor MI Scannell next week, and, besides,
had been retained as counsel In a number OF other
homicide Cases in which the indictments were
found prior to the present one.
Judge Brady SAID that it was his intention to
hold counsel to strict accountability IN using all
criminal cases. lie would therefore notify Mr.
Howe to enter at once upon his preparations to try
this case.
Mr. Howe said he would consult with the District
Attorney and arrange Tor the day OF trial.
ALLEGED HIGHWAY ROBBERY AND MURDER.
John Lynn and James Fitzpatrick were next
arralgned to answer the Indictment Tor murder in
the first degree in killing Arthur Eaton. 1t will
be remembered that Eaton was walking up Broad
way In the vicinity OF Thirty iourtlstrecJ, when the
prisoners attempted to rob him. Eaton IN defend
ing himself was struck on the head by one OF the
OF his injuries The prisoners through their coun-
sci, Mr.. Howe pleaded not guilty. No time was
specified for the trial.
Charles Cordes was next called to plead to the
indictment Tor murder found against him. He is
charged WIN having caused the death OF John
Damon by stab wound. Mr. Howe pleaded for him
not guilty, and lie was told to step aside no time
A CHRISTMAS NIGHT HOMICIDE.
James F1tzgibb0ns was next arraigned. The In
dictment against MIN is for murder IN the first de-
occurred on last Christmas night, and the alleged
murdeyer's instrument was hatcnet This
prisoner was also represented by Mr. Howe, who
entered Tor him u plea OF not guilty. In this
case the day OF trial was also not fixed.
ALLEGED WIFE MURDER.
George Schifrin concluded the list OF arraign-
ments. He is charged with the murder Of his wife.
1t Will be remembered that coming home uneX-
pectediy, he found q strange man IN bed with his
vie. The man escaped but, as charged, he struck
his wife, knocking her down. She was found dead;
but the claim is that she fell against the stoye and
that this caused her death.
MIR. Howe, the prisoners counsel, rected the
facts above stated and insisted that at best the
crime could not exceed that OF manslaughter In
the fourth degree. lie asked, therefore. I'll 1t the
prisoner be admitted to bail, in the meantime
pleading not guilty to the Indictment
Judge Brady said that he would leave 1t with the
District Attorney to investigate the facts OF the
case and rely on his Judgment in the matter.
THE CASE OF SIMMONS
After the above aTagnments and pleas the
Court took recess until two O'Clock, when the
Grand Jury again came into Court and presented
further Indictment. This last indictment was
one OF murder in the first degree against John f.
Simmons for the murder OF Nicholas w. Duryea.
A bench warrant was at once issued for the arrest
Of simmons, and thereupon the Court adjourned
till next Monday.