New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-16
LOCAL MISCELLANY.

SEEKING A NEW TRIAL FOR LEiGhioN.
Armstus d. Leighton, the mulatto who aoont
two Years ago killed Mary Dean WIN raso,, anu
who b sentenced to be hanged on in the Supreme
Emrt in order to be present at the argument on the
motion for new trial on the ground OF newly o1s
nvarsd evidence Leighton's counsel read an ain-
Sv;t hv Thomas T. Simmons, who decl AIRED that on
~. r;cbt of the murder he was passing through
West Twenty -sixth-st:, where he heard man ana
he was liar, and struck at him with what APP
reared to Simmons to be stick. The man t l
Struck the woman. who put her hands to her face
then fled. Mr.. Simmons heard after the striNing
a sound like the ring of metal The next morni n
he read in the spapers account OF the muruer
of Mary Dean near the spot where he saw the man
and woman quarrelng. lie did not say ahytnin NM
about what he had seen and heard as nc SI IIaa
from being connected with such an affair nom-
ever has. conscience was not quiet ana az las. 10,
came SO uneasy that he told his wlie ABOUT Wy
affair She urged him TO toll Leightons couns es
what he knew in his favor. His conscience was
still very uneasy and nj last ITS pricks pe'iu oT
sharp that he could not endure thehi any
and 50 me had come forward and made this aihuaVt,
a. sincere regret and repentance that .he had not
freed himself from the annoyance OF MS u9uole.
some conscience long before. Inc DeNt aluuaNN
~as that of Lewis Port who describes the scene IN
which Mary Dean met her death exactly as MI;
Simmons had done. The reason why ne witnnet ia
tho information which is now brought forward 10
save Leighton's life not so much hs sehsHINe
nature as the fact that great many other persons
also saw the scene, and also because lie nlSeII eoo
after was involved IN slight difficulty III was
aiterward explained that the difficulty to which
Mr. Port referred was imprisonment i tno p1.t
larceny Two afidavits were also read TO thc ensGt
that Mr. Simmons was a man got rIeProaCndo!o
character Charles ). Spencer, one Oh LcIeIVohn
counsel made an affidavit that IN his OPINION inc
evidence of Nh simmons and Port was new anu
material, o-,.. .ho, o-,,od IN hebolf of
Leighton that the affidavts presented case en-
fireIy within the statute, and that there couId DC
no doubt that the jury would have brought IN a
different verdict If MIR. Summons ana M n ol. u
cal cd witnesses. Assistant DIcti'NN
ATTORNEY Vincent said the evidence was merely
cumulative, as Leighton had sworn ali'os! VI, mGtu
for word TO the same thing which the anldaVlts
pre.ended TO re veal In fact Leighton teSIlcu thaC
the blows exchanged between him ana Mary De j
testified that Mary Dean had sha ken something III
Ieipbt0n's face. District-Attorney Mcheoh cailcu
attention TO the suspicious character OF the new
ev,,lence and said that tie statute granting Sncn
applications after judgment had aTcaGy prouuCeu
the effects which he had aPpIchehdGd' MI Hlen.vI,
w.s nor cumulative and that even if 1t were this
would be no objection under the new statute. Jus
ticc Daniels said he would render his decision as
Ie,ehtop. Who had listened quietly TO all the pro
ccedingS was allowed to remain lew lnihhlcs IN
the court r0oHl He shook hands with seVelal oI
his friends who came up ITO iliin ana Seeineu 10 20
particularly pleased with the interest uahllesteu Ia
hm by young woman WHO was certainty "n''0'
His mind seemed to be perfectly AT case
A DEMURRER IN GENERAL CUkTlSh CASE
Judge Benedict sat in the United States Circnit
Court oom yesterday to hear alignment IN the oas9
against General n. NJ. Curtis. lilo Judge anu
LAWYERS were mullcd i'll heavy oyerc0atS ana lhe
gas was lighted il the chandeliers IN VAN attempt
to warm the unheated ROOM r. I. Smith, tae
counsel for General Curtis. presented demurrer 20
the Indictment which charges Tat General CuItis
had received from Government employees money 10
be used for political purposes. The demurrer was
a general one, asserting the insult cheney OF inc
Indictment Mr. Smith proceeded Il arguc lOI INC
demurrer, asserting that there WAS no ground on
which the indictment could stand. Congress had
not the power under the Constitution 20 Interfere
with the private affairs of Federal officers but only
with their official duties. General Gurus uIu iot
receive the money a. officer of the United States
but as "A private citizen. If General Curtis received
the money to affect state election II was matter
for the Legislature to consider. He read some OK,
tracts from "a pamphlet published by the CIvll
Service Reform Association and containing state
menIs concerning the indictment OF General Chttis.
and declared that the statement was all ne
"Why do you quote it, thenT asked Assistant
District-Attorney Flero.
Government had a right to put their money to-
gether for any private purpose Iho law ho con,
sidercd piece OF hasty or partisan legislation; III
was attached an appropriation bill, and the date
August 10 1876, showed that II was passed at Iile
end of the session OF Congress- and by one party IN
order IN prevent the raising of money by the other
party which controlled the Offices, III the tell ap-
preaching Presidential election
At the conclusion of the argument Judge Hcnedlct
adjournol the hearing until today, saying 1t was
imprudent longer to remain IN the cold court-ro1In
Mir Fiero Will argne the case Tor the U"VernineIt
this morning
CLUBBED AND KICKED BY POLICEMAN.
Roumdsman Deveny, of the Twentieth Precinct
placed Daniel Connolly, age, seventeen OF No 4ol
West Thirty sccond-st, at the bar III the Jefferson
Market Police Court yesterday, and then stepped
before Justice Smith with brick In his hand, with
which lie said the prisoner had ATTEMPTED TO strike
him the night before. Connolly, who Is small,
delicate-loOking boy. had his head bound III
baudages which dlscOOrcd with blood.
lie was fined $40 and committed for thirty days.
lie WAS taken into the prison, where a reporter
found him lying a rude pallet in a small white
washed cell He SAID that he left his home
last evening to attend friends wedding IN H0-
boken. When in lhirty-seyentlI-st., between Tenth
and Elcventh-aves.. he saw a policeman arrestng
n man. Connolly joined the crowd which followed
him, and was shortly after struck by soue one lie
picked up the brick 10 defend himself, when he was
appr actcd 10y the officer. who struck hun III the
head with bis club knocking HIM down. aDd then
kicked him in the side and stomach. lie was lien
taken To the police station where his wounds were
dressed. Conuelly said that ho had always beef.
slckly. -,
Smith & Crane in whose employ Connolly has
been for some time said tn # they looked upon hun
as an unusually Trustworthy and bright lad TIC
iaii physician examined Connolly and ordered his
removal to Bellevue Hospital, Us lie considered hs
condition very critical