The New York herald., 1876-12-06
THE BROCK MURDER.


TIE BILL OF RECEPTIONS IN THE CASE or
oscHwALD AND RYAN TO BE PRESENTED TO-
MoRRow-wHAr THE PRISONERS SAY OF
THEIR CASE.
The bill OF exceptions in tie Of tho Brock MUIR
dcrers has not yet been presented TO Judge Depue.
The lawyers the havc just finished their work
on the bill, and 1t WILL in all probability. oe in tho
hands OF tho Judge tomorrow morning
The papers might have been in this morning but for
the TACT that in scanning the transcript Of the official
stenographcrs notes the States attorney discovered
that tho testimony OF Fussc, q material witness tor
the prosecution had been omitted Word was sent
last night 10 the stenographer instructng him TO
transcriec tho Testimony and present 1t forthwith.
When the testimony is complete the papers viii be
handed TO Judge Depue Tor his signature and seal.
THE LAST GRANGE FOR
In the event Of the Judge allowing tho exceptions,
event more than probable notice will be. served by
the counsel Tor defence upon the prosecutor OF tho
pleas oil application to the Chancellor OF the State
for writ of Argument win be had before the
Chancellor and after hearing all parties concerned he
viii, his best Judgment, grant deny the
writ Should the writ be granted counsel elect
to go to the supreme Court tho Court Of
Errors and Appeals. and the Will bo retired.
In New Jersey there Is ''rule To show cause''
under which IN New York qustions OF fact are re-
viewed Tho case OF Ryan and Oschwald depends
entirely upon The decision OF legal points. lf Judge
Depue has made no mistakes in ruling on the admis
sion oil certain evidence or IN charging the jury
10 writ will Issue, and the law VIII take
its course The only method or reviewing the
testimony and the matters OF fact therein contained
IA the State of New Jersey by the process just
PAIRED unless the Judge trying the indictment Is
ynccd thai verdict has bee given against the weight
OF evidence, IN which case he may interfere
WHAT THE CONDEMNED MEN SAY.
The men whom the condemnation OF the law
ala thar f-ln tu
against the weight OF evidence They claim that most
OF the evidence advanced in iavor OF the prosecution
weak, aud that the d;acredit thrown upon the
States witnesses been disrcgarded by the
Jury few points made by the prisoners may here DO
cited and the reader may judge Tor himself # he com
plant of The prisoners well grounded. Oflcer
Nicns for tho prosecution sworo that on the night,
rather the morning, Of the murder he passed 2O0
saioons but he could only swear positively about the
light in OF them and that the saloon Of Oschwad
4 Ryan. FussclI, tho witness whose testimony is mis-
thai he saw Osuhwald and Ryan come
out Of the house IN which Brock was
murdered; also that he could recognize the two In
crowd OF 10, 600; and yet when cross-examined he
could not whether either Of them had any hair
on his face The fact 49, that no more ordinary looking
than the prisoners could DO found IN days walk
There not peculiarly OF physique or style about
either Cook, another witness, who claims TO have
sought tho projection OF the court when II
attempted 10 ventate some Of his
presence In the nelgnborhood at tho time in question
Tho rcsorted TO the convenience OF adjacent
hallway which he claims no slept during tho night
His recollection, on crossexaminaton, iailed to reach
any previous time ut which he had used hallway as
dormltory. J. D. blanchard, another witness Tor the
prosecution, Is the subject OF the following story
One day the prisoners were taking their
walk up and down tho corridor OF the jail
Mr. Blanchard, ut that time the occupant of
a cell, called tho hall man, another prisoner,
and asked the names OF the pedestrians Upon being
told he suddenly rccocced that he had been school,
mate with Ryan, and between tnat time and the tne
he appeared the stand In court he remembered
that he had planned with the prisoners the burglary
faft hnrsn in Vhl lnh w hn hall
to the conversation he had with this witness
Another unpleasant phase o the case found In tho fact
that tho Chci OF Police promised SUIT OF clothes
Brown Counsel ior the prisoners asked Bro II such
shape. The Chief asked HIM II the clothes Le had on
he would SEQ that he got better 1t remains yet
to seen caused the special interest OF Mr. Mills
IN the personal appearance OF Mr. Brown. Ryan
claims that Mills, a long time before tho
murder pcrsccutod him. He arrested HIM
onca IN the charge OF being suspicious
character and Ryan honorably acquitted
Ryan thinks that Mr. Mile is trying to make u record
himself OF this case, regardless OF tho expense
to Others Public sentiment, he says has done more
convict him than the evidence He complains that
the papers have nsrepresentcd and prcJudlccd hun
with tho public. He also CLAIMS that his Identification
was unfair, tor himself ana Oschwald placed in
the company Of six ramps In delapdated ATTIRE
but at the head Of the line Any one, ne says, could
have told them from tho others by reason OF their
ga, lnents and position.