davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1879-12-11
MURDER IN THE FIRST DEGREE.

CONVICTION OF PIETEo pALBo FOR THE MUIR
DER OF HIS wIFE-ro BE SENTENCED TO-
DAY.
The trial Of Pietro Balbo for the murder Of his
wife Was continued in the Court of Oyer and Ter
miner yesterday. Judge Daniels on the bench. Two
female witnesses were produced on the part Of the
defence. who testified to the dead womans dislike of
her husband and her possession of the knife with
which the killing is assumed to have been done and
with this the testimony on both sides closed. The
case was then summed up to tho jury by Mr.. Buck
ingham on behalf OF accused. followed by Assis-
ant District Attorney Lyon on the side of the
cution.
The former argued that the story Of the prisoner.
that the blows were inflicted by him IN self-defence
while resisting attack upon him by his wife, must
be believed. while Mr.. Lyon argued ut length in OPP
position, that the nature of the wounds and all the
surro und!ng circumstance including Babo's admis-
sion after arrest contradicted that theory and
Cured in demonstrating that the murder was deib-
were the motives for the deed. In concluding his
argument Mr.. Lyon urged upon the jury
probation OF the evidence II would be their
duty to uphold the hands or Justice by
rendering verdict which would operate as u warm
ing to u class of persons who almost constantly go
armed with deadly weapons. and among whom tho
,as ot ba Ss urx n%ge
tho law AS applicable TO the tour phases Of which 1t
was claimed the case was susccptibie-thosc OF mur-
der In the first and second degree. mansaughter In
the third degree and justnable homicide. Stating
with much detail the evidence given both
sides, he indicated to the jury how 1t might
be applicable TO one phase Ut the
another. they might bo impressed with its
truth and concluded by saying that as to any phase
of the case whether to acqt entirely or reduce the
grade OF tho offence, they were bound to give the
prisoner the benefit Of any reasonable doubt which
might arise ON the Testimony.
The jury retired Mt four o'clock, and In fifteen
minutes returned into court with yer dict OF MUIR
der In the hrst degree. The jury being poed at tho
request Of Balbo's counsel. each answered that
the verdict rendered by tho foreman his.
Bsbo received the result without apparent motion,
although impression prevailed before IL was rem
dered that 1t would not exceed urdor in the second
degree.
time the court adjourned. and the condemned man
was ironcd and conducted to the City Prison by two
men and women.
The New York herald., 1879-12-11

dered Mary Ann Reinhardt with some weapon or
weapons unknown. In the second count Rein
hardt was charged with having murdered her by
striking her on the right side of the head with
hammer, while in the third count he charged
with having caused her death in some way and man
ner and with some instruments unknown. Counsel
neld that the woman whose body was found had
died from malpractice. The jury. it argued. had
Deen unJusty preJudiced against tho prisoner by
the introduction OF evidence to show the accused
had been intimate with women other than his wife,
ana also OF his marriage to Pauline Ditmars. The
prosecution, counsel claimed, cannot be allowed to
give evidence OF another distinct felony from that
tried IN the Indictment. Evidence received TO
tile contrary was The objection
to the admission of tine evidence on the
trial OF the doctor who made the post
mortem, ana was Of the opinion the person
whose body was found had died through premature
confinement. was also error. The proof as to the
cause OF death was unsatisfactory aud tended to
establish the theory of the defence. There was no
proof II was argued that tho fracture of the tenn
poril bone made before death. To sustain the
indictment the cause OF death must be positively
proved In conclusion Mr.. Howe argued that the
conviction found against Reinhardt on May IL 1879,
before Justice Dykeman and jury. In the Rich
mond County Court OF Oyer and Terminer. should
be reversod. -fth f f4a .A
District Attorney Croak. Of Richmond county re-
piled. briefly reviewing the salient points of
the for the people. He contended that upon
the whole evidence the jury had found the prisoner
guilty of murder in the first degree and the Court
had pronounced sen tence, and defendants argument
for trial untenable. Decision was re-
served by the Court.
The New York herald., 1879-12-11
A sCHooLBOY's KNIFE.

Henry Seymour and Ulysses Grant Wilson. both
under fourteen years of age. left Grammar school
No. 6s. Harlem. in company on Thursday afternoon.
While proceeding homeward Seymour. as ia alleged.
began teasing his companion. who grew angry and
finally drew knife. Seymour produced a similar
weapon. but before he could defend himself Wilson
had plunged his weapon into the others side. the
blade penetrating between the ribs Seymour fell
bleeding to the sidewalk and carried his home
in l32d street. near sixth avenue. Yesterday Sey-
mours father appeared in the Harlem Police Court
and told Justice Wandell that his son was confined
to the bed but he thought would be out in a fow
days. He did not wish 30 press the complaint
against young Wilson and Justice Wandell, after
giving the latter very severe lecture. discharged
him. - -. =. -. n.
The New York herald., 1879-12-11
CHIEF MATE VAN KLEECK.

THE CHARGE OF MURDER AGAINST HIM WITH
DRAWN, BUT OTHER CHARGES PRESSED.
Mortimer M. Van Klceck. late chief mate OF the
American ship Cashmere. who arrested recently
and charged with assaulting and causing the death
of seaman named Christian Halreosen while ut sea.
brought before United States Commissioner Allen
for examination yesterday afternoon. He repre-
sentcd by Counsellor Hull. Assistant United States
District Attorney Angel. who appeared for tho gov
crnment, stated that he had in his possession several
additional warrants for the arrest of the prisoner
upon charges of assault. Mr.. Hull claimed that
Com missioner Allen had no Jurisdiction in tho
mattor, as the offence was committed in port. Tho
Assistant District Attorney. who remarked that
were committed In port and not. called the
OF the assault committed by the chief mate upon
one Andrew Jansen. q seaman OF tho vessel Mr.
Hull said that before his client was tried upon
the simple charge OF assault the serious
charge OF murder should DC disposed OF.
finally withdrew the charge of murder. The case Of
Andrew Jansen was then called The plaintiff when
placed upon the stand testified that on January Z,
1872 while tho vessel out of sight of land he
ordered by the prisoner to cut the ratlines in the
foretopmast rigging, which he did; the mate told
witness that he did not order him to cut the szings
in the ratlincs and witness claimed that he did the
prisoner then struck ut him with his hand and said
lie would give it to him after dnner after
dinner the prisoner attempted to stab
wsns o Tin i'm blow b w 10
own face, upon which there was boil; this so ex-
asperated the prisoner that he drew his pistol and
fired ut witness, but did not hit him; the captain
then appeared deck aud ordered tho mate to
'knock of that shooting" the mate replied that
he would shoot nybody who gave HIM back talk !"
the captain then took witness into the cabin telling
him ho had better keep out of the mates sight tor
a while. The witness cross-examined by Mr..
Hull who declared that the proceedings against tho
prisoner were instigatcd by the second mate aud
urged by tho Deputy Marshal of Boston. The
Assistant District Attorney said he had eleven wit
nesses whose testimony would show the most brutal
treatment on the part of the accused from tho time
the vessel lett this port until she reached Boston.
Paul Datow also a seaman ON the Cashmere. tes-
tihed that he saw the accused attempt to stab jan
ana also shoot at him; the captain asked tho
mate IL he did not know he going against the
law and the mate replied "Io hell with the law;
will shoot any body who gives me back answer"
after the captain had taken Jansen into the cabin
the accused advanced toward the Witness still hold
ing the pistol in his hand, and said, "what have
you to say about thatY witness turned and went
into the carpenters shop without making any re-
ply. The will be continued to-day.
The New York herald., 1879-12-11
NORTH RIVER PIERS.

HAS THE NEW YORK CENTRAL A VALID LEASH
sIxTY.FoURTH STREETS?
The steamboat Manhattan. in the service of the
Dock Department, made a trip up the North River
yesterday afternoon far the grain elevator pier
Of the New York Central Railroad, at the foot of
sixty-fourth street. Among the passengers who dis
embarked there the Mayor. the Comptroller.
City Chamberlain Tsppan. Mr.. Touscy General
superintendent OF the New York Central road and
Dock Commissioners Dimock and vanderpoel. In
few moments they formed group around map Of
the river front In that locality. and discussion Of
the important question ut Issue began. The Dock
Commissioners. It appears. in November last
adopted plan for new pier ut the foot OF
Sxty-hfth street. and presented the same-togethor
with plans OF two piers already constructed vt the
foot of Sxty-thrd and Sixty-fourth streets-to tho
sinking Fund Commissioners for their approval. AZ
q meeting of the latter body. held two weeks ago.
the Comptroller expressed some surprise that the
two piers had becn constructed without approval
OF the sinking Fund Commissioners. and tho matter
was referred to the Corporation Counsel for his
opinion. Mr.. Whitney, III his response. stated that
in 1871, when the Dock Commissioners submittcd
panSfor the Improvement OF the entire river front.
the Sinking Fund Commissioners approved OF them
only far up the North River as Sxty-brst street.
virtually rejecting the plans for the district above
THE LEASE TO THE CENTRAL.
1t became the duty Of the Dock commissioners to
offer substitutes for the reected plans but this IL
the present COMMISSIONER Mcssrs Dimock and
Vanderpoel, handed in for approval plaa for tho
proposed pier ut the foot of sixtyhth street. and
for the two already constructed at Sixtythird aud
Sixty-fourth streets. 1t transpired that In May.
1874, the New York Central road obtained from the
then Dock Commission oners--Messrs Gardner, West
ervclt and Budd-permission to construct tho piers
at the foot OF Sxty.thrd and Sixtyfourth streets,
and obtained also lease OF that portion of the land
under water upon which they stand not already
owned by the railroad for term OF three
years ut All annual rental OF $4,000. In
1877 the lease renewed for ten years at $4,000
per annum with the privilege of renewals for hfty
years. The validity OF this lease and Of what value
Ii IL are the real questions under investing cation,
and to inform themselves upon the subject was the
object of the visit OF the sinking Fund Commis.
sioncrs yesterday. None Of the gentlemen present
seemed to attach much Importance to the fact that
the piers at the ioot OF sxtythrd and sixtyfourth
streets were constructed ut angle Of sixty instead
OF ninety degrees with the khead. inasmuch as
the ground covered by them and not owned by tho
railroad company had been leased 10 IL. The maps
showed that the greater portion OF the land under
water the line OF tho proposed pier ut the foot
OF Sixty-fifth street IL owned by the railroad.
There were no objections offered TO tho plan, the
only question being, apparently, what would be .
fair rental for the city property.
The New York herald., 1879-12-11
MRS. O'HARA'S WILL.

PROGRESS OF HER eE,NDDAUaHTEn's CONTEST
BEFORE THE SURROGATE OF KINGS COUNTY.
The contested will Of the late Mrs. Mary O'Hara.
who died last spring leaving estate estimated to
be worth about $4,000 camo up in the Kings
County Surrogate's Court before Surrogate Abram
II. Daley yesterday. pursuant to adjournment. Mr..
Edgar NJ. Cullen is counsel for the proponents. Ex-
Judge Morris aud Counsellor Starr appeared for the
contestants. Judge Alexander McCue recalled
to the witness chair aud testified that he spoke to
Mrs. OHara about her making provision for Miss
Gussie. one Of her grandchildren; deceased pro-
fessed general unwillingness to do any thing for
Miss Gusse. Counsel asked witness IL he thought
it right that she should give her lighter
30 small sum. Witness replied that he didn't
know that he had formed any opinion on the SUBJ
what they chose with their own; he could
not say that Mrs. OHara ever gave special
reasons for not doing moro for Miss Gussie.
Witness knew Father O'Hara's nioco, Miss Magce.
who came from Syracuse to see Mrs. O'Hara; had
heard Father Maguirc he wrote the letter for
to come on. Counsel asked IL Father Mcguire gave
Miss Magce to understand that she was to have
$4,000 II she came on and stayed with Mrs. OHara
Objection was inade- To question. aud Counsellor
Starr said they wanted to snow tile influence Father
Mcguire had over Mrs. OHara by writing tor a party
After hearing argument In relation to the admission
of the declaration of Father Mcguire to witness. the
Court excluded the evidence.
Witness In conclusion. said ho suggested that tho
old lady should leave MISS dussc the income OF
SlOOoo. ana drew up clause to show her. In the
hope of bringing her to his way Of thinking; after
the death Of Mrs O'fiara witness suggested to his
co-trustces whether they could not rightfully apply
portion OF the trust to her relief; Father Magure
said that to do anything OF that kind, he thought
would look like confession of weakness on their
part; that they were not strong In their present
position, and that nothing had better DO said abous
that at present.
On the cross-cxamnation witness stated that sew
era wills and codcils six in ALL were found among
wills wore put In evidence. The two granddaughter
Inherited property by OF the partition suit OF
the estate. Miss Mary q. Oiara Inherited more
than Miss Gussie. The relations between the mother
OF Miss Gussie and the old lady had not oeen
OF u very cordial nature for several years
previous to her death. Among tho Wills introduced
by witness of November ~, 1871. when
$4,000 was left TO her granddaughter, MARY VI
O'fiara. In codicl made the following year pro-
vision MADE tor Miss Gussie. Witness said the
old ady's general intention was to leave the puik OF
her estate for charitable and religious purposes.
Witness never her under the influence OF liquor,
aud never heard of such Q thing until lately
The New York herald., 1879-12-11

| having the love aud confidence in man that this
! woman has may tell the exact truth; but as the
the natural operation of her mind, be apt to exag
perate prevaricate and il need be. tell absolute
| sationo l say nothing l would not say OF
my wife; and II my wife, the mother OF
my six childen, would not. II was placed in po-
sition such as Hayden's perjure herself in my be-
half would never love her again as now. Women
Will always stand by their husbands against every
thing until higher life is reached Let the jurors
consider the bias of love and fidelity this woman is
living under and weigh her testimony accordingly.
Ts sd ss S .ss sinss is
but our Connecticut law permits her to testify in
her husbands behalf. The State could not summon
her to testify against him. only put the question
to show the bias under which this lady must have
testified to-day"
afroht. He did not believe that any power under
Heaven would lead this Christian woman to speak
out hesitation but it is highly improper. In all his
long experience at the bar he had never heard such
question.
show tho bias. and shall not press the question.
Chief Justice Park-we do not think it proper
gues tion to ask.
Mr. waller-I have no others to ask at this time.
SUFFERING FROM INSULTS.
On the redirect examination Mrs. Hayden said that
she had no knowledge Of Mary Staunard's physical
condition ON her return home just before the MUIR
der Witness continued-The time Mary spoke about
killing herself, which was the morning of the MUIR
der. had been talking about the trouble with her
child at the place where she was employed; did
not make any inquiries because knew of her being
forced to leave other places
O. Did she tell you about being forced to leave
place because of the insults Of some where she
was working?
"we object" exclaimed Mr.. Waller.
The point of this inquiry to show that in
various places where she worked the in
the habit OF taking liberties with her. because they
knew she had an ilegitimate child. An argument as
to the admlssibility Of the question followed. the
defence claiming the right to show why the girl
wished herself dead. Here was real cause. instead
OF the fictitious presented by the State. which
her alleged belief in her pregnancy.
Chief Justice Park-lf the girl said anything 1t Is
admissible but the opinion OF the witness to the
girls sorrow would not be.
After a remark of Mr.. Watrous that he would con-
suit with the witness and ascertain just what she
would testify to the court adjourned until to-mor-
Mrs. Havdens testimony will then be closed,
and several witnesses Of minor Importance will be
called Mr. Hayden will not be called until the
close of the testimony -in-chief for the defence.
The New York herald., 1879-12-11
FIGHTING FOR LIFE.

THE SILVER LAKE TRAGEDY REVIVED THROUGH
EDWARD REISHARDT's APPEAL FOR A NEW
TRIAL.
Argument was heard yesterday before the Supreme
Court. General Torn. Of Kings county, before
Justices Barnard. Gilbert and Pratt in behalf of
Edward Renhardt. now under sentence of DEATH in
Richmond county, Staten Island. he having been
convicted of the murder of his wife. The particu-
lars of the Silver Lake tragedy familiar to the
public. The case came before the General Term
upon aw writ OF error procured by Mr.. W. +. Howe
who argued the at considerable length In
behalf of his client. He said the indictment was
In error In charging the prisoner with having MUIR
The New York herald., 1879-12-11
GREENFIELD REPRIEvED.

THE GOVERNOR GIVES HIM TINE TO APPLY
FOR NEW TRIAL-AN INTERVIEW WITH
THE PRISONER.
BY TELEGRAPH TO THE HERALD
SYRACUSE. N. Y. Dec. 10. 1870.
Governor Robinson to-day gave his decision in
the case of Nathan Orlando Greenfield, con-
demned to death for wife murder. At eleven
O'Clock the Sheriff received despatch. stating
that the Governor had respited Greenfield until
January 80, $780, At two O'Clock in the afternoon
Sheriff Meldrum visited Greenfeld's cell and read
the telegram to the prisoner. Greenfield showed
much pleasure and expressed himself gratfed at
the decision Of the Governor. He stated that he
should now have opportunity to obtain o new
trial and prove his innocence of the crime.
AN INTERVIEW WITH THE PRISONER.
This evening representative Of the HERALD had Q
talk with Greenfield in his cell in the basement OF
the Court House. AS tho reporter stood in the corri
dor waiting for the 1aler to procure his key of
the prisoners called out from his cell. "Mr. Green
fed. 1t that the prisoners hold Greenfield in
respect and invariably address him as "Mr." The
is that Greenfield maintains proper dignity
among them and does not use any vugarity or do
anything tending to lower himself in their estima-
.:what is it9" asked Greenfield.
"Mr. Greenfield: will they give fellow q pillow
ii don't know" said GreenAeld; II never asked
At this juncture the jaer arrived and the reporter
proceeded to Groenfeld's CELL After greeting the
reporter propounded the question, Are you satisfied
with the Governors decision?"
"Oh. yes. yes." replied Greenfield.
''Do you think that you Will have opportunity
to obtain new trial?"
81 think So"
The reprieve places you in little happier frame
"well. yes; it would naturally make any one feel
better"
''The time had grown rather Short" ventured the
reporter
Eyes," remarked Greenfield
"Matters may turn out all right for you yet, said
the reporter Greenfelds reply showed that he
fully believed that he would eventually acq uitted
III really believe they will. have never lost faith
but have always thought justice would some time be
DONE"
Greenfield is allowing his mustache and whiskers
to grow. Since his trial he has increased in weight
has accumulated 80 rapidly that his clothes have
become too small for him. He has had to have the
waistband of his pantaioons set out aud has been
compelled to procure larger collars.
THE REPRIEvE.
The following is the Governors memorandum
Secretary of State:-
Nathan o. Greenfield is rcspited until January
This Is granted for the purpose Of giving
for prisoners counsel to obtain certain depostons which
his app for utation Of sentence and which
he had hitherto boon from obtaining by
illness PrSd1csd by the y labor and excite
tho District Atton of Oswego
'' LUCiUs ROBINSON. Governor
Tho next step in the will be to obtain writ
of error. which will enable the counsel for Greenfield
to carry the before the General Term and move
for new trial on the minutes OF the Court, and
tho ground of newly discovered evidence.
The New York herald., 1879-12-11
A TRUCE IN THE sHANTY WAR.

There was lull In the shanty war at Seventy
ninth street and Ninth yesterday; but. during
the day. the unhoused denizcns Of the invaded To-
caty busy conveying the debris OF their sham
ties to places OF safety. From tho ~ station at
Eighty y-irst street. the high ground where tho city
Marshal and his force had been at work looked Us
IL hurricane had passed over the region II Ia not
likely that the battle will be renewed for time
to como, tho warrants of dispossession not being
ready for tho formidable settlement below seventy
nrst street.
The New York herald., 1879-12-11
INDICTED FOR MURDER

[BY TELEGRAPH TO THE HERALD.1
WOOSTER, Ohio Dec. 10. 1870.
To-day the Grand Jury indicted John Callahan.
Anthony MCGOWAN, Sr., Anthony MCGOWAN, Jr.. and
James Saddler for murder In the first degree, In
having killed John Tormie on the I'd Of October.
The New York herald., 1879-12-11


negative shake Of the head seemed to imply that
he did not want to be questioned any further and
he was allowed to rest. So far he has received
nourishment since the accident except stimulating
and invRorating medicines. He rested very quietly
late In the afternoon and seemed to be improving.
number OF physicians have visited him and all are
nonplussed at the strangeess of the At late
hour last night his condition had undergone no
change.