The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-09-09
sufroIk County nfurder.

u
were present.
The prisoner was brought into Court by the Sheriff
he looked pale aud much dejec,ed occasionally mel
compsnied with restless glance at the various objects
the room he was frequently seen 10 shed tears and his
bespeaks him to be any thing else than
perpetrator OF the codblooded murder for which he
now trial
The Jurors being all assembled
Da. RAY recalled have diagram of the house.
which took for the purpose Of to the Jury the
situation Of the several rooms of the house. This
jected 10 by defendants counsel, but allowed by the
COURT have been in the habit Of going frequently to
Mr. smiths house, considered the dog very ferocious
the family to put him away when went to tie house.
On. WHITNEY recaled-I saw the prisoner after he
arrested a, Sheriff Brushs hotel at Huntington his
person was examined In my presence. | saw stain Of
blood his shirt Immediately his left side He
showed wound upon the knuckle of his left hand and
he accounted for the blood upon his shirt by put
ting his hand in his left pocket. 1t appeared to be
a fresh wound, about three or four DAYS old | dis
covered bruse upon his right knee, on the cap; it
breadh he said that he hurt his knee in Mr. Smiths barn
the statement he made did compare with the number
could not have existed than three day
told him that he said he hurt himself in the barn where
rent in the psntaloons Immediately the wound
his knees the sewed up with coarse thread he
also said that he hurt his finger with STALKS
MANY Ann AsBoTT, very pretty girl of 49, sworn
and testified follows-I lived the family OF the de-
ceased; wenthere the 9th of September previous to
their deaths aud v ed there until after their Deaths the
prisoner there weeks previous to the murder
he was employed as help the farm; his chief
on the farm, 10 cut wood and feed tho hogs; engaged
TO stay month"; be treated with q sat kindness
md be appeared to be quite satfsd could understn.
things said, either by words signs; the prise
slept the garret he had short pair Of socks and
stock which saw in his before he left; saw them
The next morning, after he 70 the house; they
we're in room after he left the houses wa, on
Monday, the i4th day OF Novsnber never heard him
express any wish to leaves wac not the house the
time of the murder; had left the Saturday Previous
was not in the house after left until the following Mon
day. left in the house MIR. and Mrs Smith, Mr.. Hicks
and the prisoner Mr. Smith slept in the east the
in the rooms Mrs Smith slept in the north room;
they usually took tea about dark the prisoner took
with the family, at the same table; he generally stad
home in the evening; Mr. Smith generally sat by the fire
dosing until bed time With his feet up agsinst the crane
he always sat the left side; Mrs Smith would sit in
look his boes off eight ocoek he had two pair Of
boots he wore patched pair every dav, % the others
he did not wear unless he went away from home; saw
his pair Sheriff Brushs hotel the day the prisoner
was examined; am sure they belonged to Mr. Smith;
Mr. Smith had not given the prisoner any boots before
went away; he usually kept them in the east room;
saw a stone hammer belong ing to the old gentleman;
vas in the habit Of going in the shop 1t fast
enea WIN LOCK; me dog was much attached to his
was aunt of mine; still reside in the house;
heard of Pedlsr's coming to MIR. Smiths on the day
left; he staid at Mr.. Sileck's.
LEWIS SiLLEcK sworn-I live In the neighborhood
as Mr. Smith did the road called the "Rogues Path"
was In the house on the morning after the murder ]
went into the east room. The window broken. but
The most fine broken glass inside the The
wood work that broken scattered the outside
Of the cellar door, on hch we discovered scratch
HENRY BAUR, sworn and examined through an inter.
preter.-I was not acquainted with the prisoner saw
him and he ssked for work. Mr. Smith wanted to keep
aim three or four days and see what he could co, and
he liked HIM he would keep him longer Giesler came
smith killed He brought Mr.. Smiths dog with
him He asked how far it east where the vessels
Smith first rate. He gave him shirt. He stad with
me about all hour He did not say he intended to leave
man. The dog appeared to be quite fond of Gesler and
went awey with him. told him when he went away
would come down and see him. went down in the of.
ternoon and saw him at MIR. Smiths Mrs. Smith shaked
hands with and said Mr.. Smith would be back in
about quarter of an hourthat he gone to the
sheep stayed there about an hour Giesler told me
that he would stay until the spring and look for work at
h,s trade. This the same day that MIR. Smith ives
murdered. He SAID if he could get money he would go
back to his country and antcd to know where the
sells we're.
JBcoB BnowN sworn.--I Giesler the first Sunday
before he went to Mr. Smiths. 1t was at Esq, Weeks
WIN CUTTING sworn-I passed Mr. Smiths house on
the evening he was killed about socleck was in
Wagon. My horse was on a walk. did not observe
any thing unusual until returned. saw a light under
the front door. did not any thing else peculiar about
the house.
MANIA A.Co~rrSe sworn--I present the bar gain
m ade by Mr.. Smith with the prisoner He give
him 81 per month. passed the house on the night of
the murder. saw light and window curtains, which
unusual. The light was also unusually bright.
also saw a light under the door.
At this stage of the proceedings the Court adjourned to
dinner.
AFTERNOON SESSION..
Hammer SMITH sw0rn-l reside about mile from the
house where the murder was committed went in the
the day after, and empty cups the
tahle-about three or four.
GmBgRr SMITH sworn.-I passed the house Of Mr.
Smith in the afternoon previous to the murder. saw
evening, a moderate trot until I met Mr..
Cutting. l did not look at the house.
HEsrsR ArN GnDvR,LxvE, sworn.-I live few miles
distant from MIR Smiths house; saw MAJ pass on the
night fthe murder; he walking very fast;
reeoect how he was dressed, it was about is minutes
past o'clock
MicHA BaowN, sworn.-I live at Lsqr. Weeks house.
the turnpike; about twenty feet from =. have
the prisoner; week before the murder; would know
him sga ain; saw him again on the night OF the murder;
be was coming eastward; it was after SHUTDOWN about
two hours; | had been to bed; when he passed
bad cap and irock coat on the same him have the
sunday before.
.EzEG wooDHuLL, sworn-and testified 10 the prisoners
coming TO his house, and ask ng to-! in his barn
the night of the l4.h Of November, which he did and
LEFT in the morning
THEODORE WooDHuLL, sworn-snd corro' GRATED the
testimony of the previous witness as to the prisoners
coming his fathers barn to sleep This witness also
noticed hole in the knee Of his paDtaloons.
GEoRsE HUpsor sworn.-I reside Mt WaiIng River;
the prisoner the day of the 18th of mber
Mr. Wells stores he bought needle and thread to mend
ne left.
HESnv 9. PEsyY, wen. in pursuit of the pri.
Tuesday the 18th Of November; found him at
Port Jefferson, about o'clock, in Mr. Hulses barn;
vent in and found acap, but could fnd the man;
hen cried out, Where's this Dutchman who wanted
workF He then came out from pile Of straw; then
took him into cus'oiy he had pair OF boots the ones
now produced are the same; ! saw the bruise on his
snec; he said he done in the barn; found sixteen cents
~ his pocket.
srErHrr GIDxnsLrvE sworn-The boots have in
my md made In my shop; they were made on the
OF April, ls4l, for Mr. smith, always made his boots
peculiar manner
WARRgN sKIDmoRE sworn-I lived at Mr.. soudders a:
the time OF the murder found pair of boots about 300
yards eat OF Gilbert Carts house. on the north eide of
ence the turnpike.
GILBERT CAHL sworn-I was present when the boots
we're compared with the marks on the cellar door;
under the impression that the marks might be made by
the heel Of the boots
Prosecution here closed1
Mr. JoAcHMsoN then esded to read the examins.
ton of Geser, taken before the magistrates
stated that he came from Ackron Germany, %
Of age, and denied all participation knowledge Of The
murder.
FRANen GARDirgR swor, for the prosecu'ionI am the
daughter OF the deceased; saw canister Of powder in
fathers house; II looks like the produced