The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-02
THE COURTS.
Jordan Found Guilty Of Murder in the Sec
Ond Degree and Sentenced TO
State Prison for Life.
a NATIONAL BANK DECISION.

Judge Dononue, In Supreme Court, Chambers
granted writ or ne exeat yesterday, on appli-
cation OF MT. s. B. Hamburger, counsel for Simon
Donau, against Benjamin Shuman lager beer
brewer In the Nineteenth ward. The writ was
granted on the ground that Shuman was about
90 90 to California with the intent TO cheat and
defraud Donau. The writ was at placed in
the hands OF the Sheriff, with directions to require
shuman to furnish ST., COO bail that he would not
leave the State.
Andrew J. Odell has brought sutt for divorce
from his wife, Annie E. Odel, alleging that at the
time or their marriage she had another husband
nving, from whom she had not been legally d.
vorced, She AYERS that she obtained divorce IN
Connecticut. that the plalnrin knew all about It
RI the time and furnished her money TO prosecute
che suit. The trial OF the case began yesterday.
before Judge Van Brunt. in Supreme Court, Special
Term. and will probably occupy TWO or three
days
In the suit brought by the Dry DOCK Railroad
Company against the city 10 prevent the tearing
mp OF its track in 'front.' or the HERALD ONCE Judge
Barrett decided yesterday that the plainun had
not made out such clear case for equitable In
reference as TO justify temporary Injunction
without hearing the other SIDE Meantime the
plaintiff Is allowed to renew the motion for an in
junction on notice IN the usual way.
There was another hearing yesterday before
Colonel Hardie, the referee IN the Templeton child
nabeas corpus case. Mrs.. Martin was further ex.
amlned, but NO additional facts OF interest were
developed. The only other witness called was
Mrs. Post, who testified that the mother OF the
child was q devoted mother ana possessing an
amiabie temper. There were, OF course, the usual
forensic and highly entertaining interludes be-
tween John d. Townsend ana ex-Judge Busteed,
tie opposing counsel The next matinee per
torrance VIII be at three P. NJ. tomorrow.
General William @. Manck, late OF the Secret
Service Division, who was arrested on Wednesday
night for having in his possession large guam
sty or counterfeit money, was yesterday ar
raigned before John Davenport, United states
Commissioner. General Manck failed TO give the
SO, 900 bail demanded by the Commissioner and
was committed TO await the examination at
twelve O'Clock to-day.
Frank W. Pullman was yesterday appointed by
United states District Attorney Bliss as assistant
IN place OF Mr. Post, resigned.
Commissioner Shields yesterday discharged for
want OF evidence Francisco Muller, one OF the
women arrested on Tuesday Tor Illegally drawing
pension. The nearing in the cases OF the women
Emory and Cleningberg. charged with similar
offence against the Pension Law. was adjourned
for q ruture day.
William II. Morgan claims to have been the low
est bidder Tor constructing sheds on piers 4s and
ts2. 800 and s29 939. In filing up the bonds the
blank OF all before "holders," intended to be filed
up SO as to read "freeholders.n was uninten-
tonally left blank. Through this formal defect
the Dock Commissioners mace the award TO Mr.
]. Q. Brady, the next lowest bidder. Application
was made to-day In the Supreme Court. CHAMBERS,
lie fore Judge Donohue, TO nave the award set
aside. Il was claimed py the DOCK Commissioners
tnat the omission was fatal. The Court reserved
decision.
Further testimony was taken yesterday 10 the
contested viii OF Eliza Jersey, alias Mira. Hail.
that has been before Surrogate Hutchings 70.
acme time. An adjournment was taken until next
Thursday.
THE HUFFER MURDER TRIAL.
Shortly amer eleven O'Clock yesterday. tie Jury
IN the case OF Joseph Jourdan on trial ia the Court
or oyer and Terminer for the killing OF George
Hu1er on the 18th OF February last came into
court and stated, in reply to the usual questions
that they had not been abe 70 agree. Judge
Barrett then charged them a second time, telling
chem that the evidence was IN wise connlcfinG
and that he could net understand why they could
not agree. lie said second time that the EVIL
dence was not conatctlng, either in regard 10
premeditation OF insanity. The idea had probably
crcpt into their minds tnat the insanity
OF the prisoner was impulsive, and that
although ne knew the difference between right
an wrong he could not restrain himself from the
commission OF an act. There vas no such thing as
tnis In Jaw, and tneY could not take AZ into cOnsds
Grafton. The evidence was vsry plain aud ali they
we're asked TO do was 70 pass uron it. TO hls mind
n was very PLAIN, and ne could not conscienuously
discharge them after the expense tuat mad Deen
Mr. Jacob Conn. one or the Jurors then asked 70
re discharged, saying that ne was unwell aud did
not think he would be aole 20 20 back 70 their
room. Judge Barrett said he lelt sorry ior INN,
- az nncg Ih FIR hIfn Ii do 40
then again retired.
Nine weary hours passed aud the jury still re-
NAMED IN consultation. Meantime such general
interest was Ielt IN the result mat quite large
crowd renamed In the court room. Inc unIortu-
nate prisoner maintained the same moody
allence. 0ccaEonay Mr. William r. Howe,
mis- interchangeable counsel, would Whisper cheering
words to nim' put teey zen evidently on unapPres,
no lock OF regret or hope. but simple
blank stare. an almost "sIutes IN.
saarter-past eight O'Clock, the jury came into
court again, ana on being nterfOgated BY Mr..
sparks, the CLERK, as to whether they had agreed
on a verdict the foreman said they
mad not. Judge Barrett then stated that
them desiring further instruction a. to Ine offer
ence between murder IN the hrst and murder 10
tue second degrees. He tnen read TO them the
difference most clearly by supp0saole
examples. Following TINS explanation the
a few moments when they returned into court.
Ths time, on being asked " they mad agreed, the /
foreman annOuhceu thdt lheY nau, anu amlo the
most profound stiffness the verdict was given
guilty OF murder In the second degree. The prls-
oner stood with ms right hand the top OF his /
head, and though asked to look at the jury when
the verdict was given, kept MS eyes cast down.
Judge Barrett at once PROCEEDED 10 pronounce /
sentence, the prisoner, a. be ore, Keeping his 4
hand on his head. lie told him that ne mad been \
fairly tried by painstaking and conscientious i
Jury: that he had been most ably defended and 4
shielded by all the safeguards 81 tue law. Ihc I
fury mad rendered veruct which he was
OF disposed TO crltlcise, though on tne evi1ence
they might well have rendered verdict winch 4
would have cost him hts nte. DOUBT had been \
raised as 70 whether he bad premeditated the
crime, and the Jury had mercIiully given
him the benefit OF tbs DOUBT He \
had committed fearful crime-a crime
almost unparalleled In criminal annals. |
Three children OF the murdered man and hrs own "
three children were made 70 suffer from his terri
be crime a degree or suffering iOr which nothing
in the future could conf ensatC. tie would say no \
more TO him in the hour OF nls terrible retrlbu-
uou. IL only remained for him 10 pass the SEN |
1ence winch the law mro7ed--cOnnnement in