The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-07-28

Throughout the forenoon Rogers continued about the
again, and said shall die tonght-they are going to
Kill me- laughed at him. and told him 60 work At
favor Of want you 10 s s g a ssa
den, and see II he will let me off, 1told him II wa:n
n TO work On Mon
making noise on Sunday night. said then that did
think he in his right mind His conduct had been
good under my care He appeared be very violent af
ter the deed. In the afternoon Dr. wm j. Walker phy
stefan Of the prison, was called by the government and
testified that for several months Rogers had been in the
habit of complaining and presenting himself at the hosp
tai that he could not discover any symptoms Of dsor.
der which required medical treatment and hat he scca
sionally put him of with bread pills, lquoriee &c On
the 10Th Of June the doctor wrote against the prisoners
name "keep at work"-he thought that was the best
thing for him the of his mind had understood
that he had been refractory, and in advising him keep
steady work thought was aiding him in placing him
self in better position than he in asked what the
matter was-he placed his fingers to his temples, and
sad-I in pain all over, right through here- feel as
If cannot govern my mind
DAVID SMITH alias JAMES M. BRADLEY, a pardoned con.
the assassination and afterwards testif
ed Rogers declaration that the officers going
kill him that he had seen him hold his head down to
sweat off the poison OF checkerberry that the officers
had threatened to shoot him; that witness thought the
alter kneeling down Mr.. Sargent on Thursday the
prisoner returned to bis bench in tears.
JOSEPH TyLLr-resored to his oath by pardon but still
under sentence as drunkard in the house of correction
was brought to testify to threats uttered
by Rogers in the state prison the witness was
Rogers hair he took the liberty asking him how was
that he 50 often got into trouble abiding to his punish
upon him. but he would fix him. either in the prison or
out of t. ~ f-'N -
SECOND DAY-TuEspAY
lAbridged from the Boston Atlas1
Mr. BEMIs continued his OPENING address on IN ror. s
the defence At the conclusion Of his rewarIs Mr
proceeded to call witnesses to establish the insanity of
the prisoner. ' "
ABRAHAM w; CRowSINsHELD sworn-IIave contract
for cabinet work IN the state prison. carry on that d.
partment there employ certain number Of convicts.
employ the prisoner at uphsserng; saw him az often
murder noticed for the first something peculiar about
him; appeared considerably excited in the forenoon he
he did he should die; told him would see the warden
and he had not done something worthy Of punishment
he would not be punshed he appeared satisfied; after.
did not appear to be rights meant that he dsordered
in his mind the warden said he thought he was only
lower ROOM and sad thank you for seeing the warden
for me- was not punshed 81 feel better got some
sleep last night complained of his head that afternoon
Thursday saw him between and o'clock; was then
standing by the officer sargens desk; Rogers came up
me and then got down his knees appeared great
distress; put up his honds in supplicatory attitude and
said, 500 Mr. Crownnshied ntercede me the warden
going to punish me, and if he does he viii kill mel"
had usually been; he appeared like in distress
Ike nan with his head disordered
Mr. PARKER then read from the prison records the re-
cord dereu. punishents Of Rogers and their eau
scs, as follows, viz: -
1894 Dec. 23d for receiving file from Clement and
ultering fslsehood, stripes.
ls40 Oct .. improper conduct showered, Barrels.
Dec. 0, talking, barrel.
1912, Jan. I'd, for misconduct in the ranks day.
:, IT,. :" IT, disobedience of orders, day.
lsas jan seth, /"
:. March Oh; di;orderly conduct, barrel.
April s.n, or disobedience oforders and general
Juns l4th, for making disturbance in his cell,
{" 10th, for the same, of barrel.
JAMES M GARDNER, Waterman of the prison. was next
sworn-his testimony was not important.
been in prison years and half he is the brother of
Bradley WAC testified yesterdays the overseer in the
Rogers's looks ere very wild when Mr. braman renri
manded him for being absent in yard too long; net
ced that his looks were the same when he ais
work. On Monday morning Rogers showed evidence OF
having suffered from that disturbed state OF repose
monty called nightmare; Tuesday Rogers appeared
gers his CELL repeating o shall aes shall 't die"
the words were not very loud bu. spoken with great
then testified the arrago about Sam Robinson and
the checkerberry has been often repeated
told MI Paterson thought Rogers out Of his head
soon after Mr. Lincoln and MrJaquh came in and went
up to bench the side of the rooms turned inspect
apiece Of work. and then showed il to Mr. SARGENT Mr.
down the room, ns also did; caughtMr. Lincoln as he
was falling heardno words at the only groan from
BAYLIEs BRAMAN, sworn-Am contractors foreman in
the PRISON. have known Rogers ell the time been
there; Noticed something peculiar in Rogers's demeanor
did not wish to go into the blacksmhs shop again; he
SAID they had been playing game on him; he had been
in the habit of going there to heat goose he said Sam
Robinson had been frightening him almost to deah talk
ing him and making him believe it was the officers;
he said they had played the game before on man
who knew more than any other in the shop; Wednes.
day he complained OF very Dad pain his eye; said
he expected the warden would shut him up and wanted
me to intercede for him. several times in the fore
noon to the room below the shoeshop to ask inter-
oede; said he wa, yet young man, and he was shut
up he should never live to get OUT Thursday he said
he thought it might be all his imagination, had said;
he was tears then he said he afraid he should not
queny that morning stood for ten minutes BY my beach
and talked about not vng did not think he in his
right mind.