The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-10
THE COURTS.
Opening Of the James Street
Murder Trial.
THE OLD BROADWAY BANK SUIT
An Interesting Real Estate Trans
action.

In the quo warranro proceedings against Judge
Flanagan, to test the legality OF his election as
Civil Justice OF the annexed district the case was
called yesterday In Supreme Court before Judge
Van Brunt. In Its present place on the calendar
1t Is not likely to reach trial before Friday.
An illicit dtstillery. with twenty hogsheads Of
moasses and several tubs OF mash, was seized
yesterday by Marshas Crowley and Newcome at the
foot OF Thrty-etghth street, North River. No per-
sons were found on the premises, time for escape
being furnished in consequence OF the eiflculty Of
enecting landing by boat through the ice.
quantity OF diamond jewelry, valued at $4,000,
was recently seized on charge OF smuggling
They were claimed by MIR. Leon Loeb, who brought
action for their recovery. The case was tried yes
terday, ana Judge Blatchford directed verdict
for the claimant.
The committee appointed by the Chamber or
Commerce to visit Albany for the purpose OF urg-
Ing the passage OF the amended act instltuting
the Court OF Arbitration met at the Chamber yes.
terday iOr consultation. They will proceed to AL.
bany to-day. and will appear before the Judiciary
Committee OF the Senate this afternoon by special
appointment. The committee consists OF the fol.
lowing gentlemen :-Wiiliam Z. Dodge, A. A. Low,
Samuel d. Babcock, Elliott +. Shepard, James NJ
Brown, Joseph Seligman, Elliott G. Cowdin, Henry
+. Spaudng, Abram S. Hewitt, Royal Phelps,
Jackson S. Schultz Gustav Schwab.
THE JAMES STREET MURDER.
The trial OF James Kelley for the alleged muir.
der OF Nicholas schumacher on The night of the
9Th OF December last, at the dance house No. o5
james street, was resumed yesterday before
Judge Barrett in the Court Of Oyer and Termlner
The prisoner, having the same look OF stolld in
difference, occupied seat by Mr.. VIM. f. Kntz.
ing, his counsel. District Attorney Phelps and
n occiot Mr.
the prosecution. On the reopening OF the Court
the latter opened the case In his usual clear and
contentious style. He recltei the facts OF the kill
tng cOrrOoorating the story as heretofore given
In the HERALD. He insisted that the evidence
they should give would fully justify the indictment
OF murder III the Grst degree.
Lewis Mink was the first witness called, and tes-
titled as lollows:-I live IN Jersey City; on the 9th
OF December last went with three friends to the
liquor saloon No. 95 James street; 1t was between
six and eight O'Clock In the evening; the bar
keeper. Peter Smith, and Schumacher, the de-
ceased, were in; the prisoner asked me to treat,
and refused to do 1t. and he then struck me In
the eye; l called ON my friends to help me !;
Schumacher caught hold or Reilley and put him
out OF the place and then barred the door; about
fifteen minutes after Kelley was put out Schu-
macher opened the door; 1 heard Reilley utter
threatening words against the deceased; Schu-
macher shortly exclaimed. II am stabbed :" went
away soon alter; Kelley appeared to DC under the
ne was about.
'Do you mean to swear" interrupted, tndig-
CourtY, f' " 'A0
~ ask your pardon" stammered the witness,
''please excuse me this time.n
"rhere Is no excuse,n continued the judge. 81
am not sure but that shall send you to Jail when
You have finished your testimony"
The witness was cross-examined, at length but
e-was careful not 10 indulge further In the use
OF expletlves. He confessed that the prisoner had
blood on his lace, but denied his being Knocked
down while in No. 95 James street; ali his crowd
did Try to jose against him when he fell; nc
neard the prisoner say nothing about being
Peter Smith, the barkeoper. was the next wit
ness; He testified to the same facts substantially
as the previous witness; he said that he went
behind the bar and getting pistol compelled
Kelley to stay there till ne was arrested; he did
Kelley; the prisoner was pretty badly beaten.
He was subjected to a rigid cross-examination,
which, II not shaking his testimony as to the stab
bling, certainly gave curious ana interesting
revelation OF the interior lie Of a Fourth ward
dance house.
'Did you see the prisoners brother an was
among the questions put to him.
.! was too busy to see any thing" he answered.
"Busy about whatf"
"MXing dTinks.n
putting water into the liquor I suppose in
"The more water he would put In the better"
SAID Mr.. Kintzi1g, "but the mixing suspect was
drugglng the liquors" And then he asked the
witness how long he was barkeeper at this place.
Three years." answ cred the witness, promptly.
. IBID you not keep club behind The oars''
"To prevent rows, supposeP"
"W.e.l-l," answered the witness. slowly; 1--WE
h ,;, Dig Cog ana CLUB was necessary TO keep
VIM. Brown testified that he.was writing letter
IN 9no o. ne he heard row and
. policeman, who arrested the prisoner; he was
too excited to notice whether the prisoner was
The next testimony was the medical evidence.
which was given py Drs. AmabIle and Hull OF the
Park Hospital. Both testified that the deceased
wounds.
Onicer Mahoney, OF the Fourth precinct testified
TO arrestlDg the prisoner; Schumacher charged the
prisoner with stabblng him, but the latter denied
III rooS Saad ~ IN Eeeys possession knife
slabs are alleged to have been innc ted.
The above closed the evidence for the prosecu-
for the deence He caed tHat e
bling was In seli-delence; that Kelley, who Is
sailor, mad gone 70 this dance house, where he
was robbed; that lie was badly beaten as wen as
ROBBED and that on going back TO get his money
ne was set upon again, when he drew his knife in
spoken In an unusually impassioned and effective
strain shouts oil applause we're given This
aroused the ire OF Judge Barrett, who at once or
dered that portion OF the court room IRON which
the applause emanated TO be cleared, and threat
ened to commit any one who should make further
demonstrations oil applause
The prisoner Kelley now took the stand. He
said that he was born In Ireland and followed the
visited the dance house No. rs James street. Some
one Josted against him. when he demonstrated,
ana tnereupon the barkeeper and others set upon
him, beat MIN, pitched him into the street and
then locked him out he then went away, bat find.
ing he had been robbed OF so. found some COM
panlons and went back and demanded his money;
another attempt Was here made to beat him, when
he drew his knife and stabbed the deceased.
Patrick Davis testified that Kelley told him ne
had been robbed at No. 95 James street. and he
went with MIN there to try and get his money.
Kelley got into the place, but he prevented
going in. Shortly alter he heard Kelley call out,
"They are numbering me, Pat, come and help
meP' AS he could not get In he went away, and
soon after he heard OF the stabbing and Reilley's
arrest.
This furnished all the testimony on both sides.
The case VIII be summed up this morning, and O
verdict is likely to nc reached during the day.
THE RINGS REGIME AND CITY
DEPOSITS.
While Mr.. Palmer was Chamberlain OF the city
the National Broadway Bank was the depository