The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-01-06
General Sessions.
Tore Recorder Tamadge, Judge Lynch, and Aldermen
Underwood and Martin

Esq, one OF The members of the New York bar, and or
merly Governor of the State OF Michigan. He also pre-
scented the loowng resolutions, which seconded
by NJ. J. Bacon, Esq =
Resolved, That this Court has heard with unfeigned
regret, OF the sudden death of Stevens T. Mason ESQ.,
late Governor of Michigan, and member of the Bar of
this city.
Resolved That from respect to the character and ab-
ties othe deceased the Court will attend his funeral and
recommend that the members of the Bar do likewise
Resolved That these resolutions be entered the mi
of the Court and copy duly certified be transmit
ted by the clerk to the family of the deceased
OF william Dingler implicated with Gabriel Hatfield and
John Underhill, charge of rape committed on the
person of Ann Murphy at the Broadway Cottage, adoin-
ing Masonic Hall saturday Dec. 8, resumed from
yesterday The prosecution conducted by the Dis
Phillips Esqrs. Messrs Price and shepherd for defence
The other prisoners Hatfield and Underwood, also
in Court during 'betal The Court room was crowded
during the day aud the 'front.' doors closed
after the opening of the Court in order to keep ont
the crowd that were rushing and filling up every ave-
Fon PRosEcurroS.
SARAH Burns called and sworn-l reside in the rear
OF the second story of the house at the Broadway
Cottage; the night of Saturday Dec. Sd, heard the
cries of woman in the yard OF the premises; went to
the door, but one, the cries ceased went
and appeared to go through he bar room.
Crosserauned by SHEPHERD for detence.IThe
know how many times she hallowed.
The name of Alderman Crolius was called by prosecu
ton as also that of Jane schermerhorn the colored wo
who occupied the cellar underneath the Cot
tsge, and who was examined on Wednesday evening,
but not answe ring-
for defence He stated that they would prove that
the girl Ann Murphy, on whom the rape is alleged to
have been committed, was prostitute thief, and
drunkard That Dngler not present at the time the
rape was committed and also that his reputation as man
stands fair in the community On closing, the District
Attorney called the colored woman,
JANE ScHERMERHoRN, who deposed that Dingler was
in the oyster cellar the night OF the Sd of December;
she asked him what the fhe noise and
ing up stairs; he answered nothing; did not know the
other two men who with Dingler the night in
question.
| CLARxsoN CRoLrus called and sworn.-I at tho
watch house on the night the girl, Ann Murphy was
brought in; she said two had violated her person.
asked her Hatfield had done anything to her she said
that he had not; that he sitting in the bar when
taken through; after hearing the story the
GIRL told the Captain of the watch go up and bring
down all the that he thought had anything to do
with it; when Dngler came down with the watchmen,
she selected Dinger from among crowd of about dozen
of the persons who had violated herr asked her
To look round and see she could recognize any other
person; she did and said she other person that
had injured herr hen she charged Dngler being
ofthe he said that the man who took her through
| was named Roome; asked him why he allowed it, he
said that Roome had through the barroom in that
| way before.
say any time during the evening that he guilty of
the charge hat indis POSED that night or
should have went myself told captain Fenon and cap
tain Eldrdge to go, and take men enough with them
to bring all in the house if there any resistance;
while in her presence stated to the watch that the
outrage had been committed Dngler's house; Stokely
said that the house thieving hole; this said
in presence OF the girl; Dnge, was brought into the
placed in the grating in front OF the Captains stand at the
watch house before she out OF her rooms could
have heard all that passed there's do not know that Stoke
| ly came with her.
Q.-Why did you permit 0ingler to go home without
security that night?
A-fcJnceved him a responsible he had Ii.
to keep public house from pretty high
b, DprRIcr ArroarrY-You say you let him go that
night did you take her statement in writing that hight
A-No, did not it is not customary he the pri
soner OF the captain of the watch, and being married
sdered myself responsible for his appearance and if he
had been there should have had him arrested under
and At GnarE haih
orders to bring him If he not there al the minute
let him go his honor but felt my duty that
ne forthcoming in the morning Captain Fepton had
taken the of Dinger when she pointed him
BY Parcs-i believe that stokeiy down with the
found her in the private office of the captain of the
stokely made these charges against the house after
Dnger had been brought into the watch houses these
marks me Dingler said that stokely had
some antpathy against him from former transactions.
The girl in the private room OF the captain OF the
watch at this time.
By Dsrmcr ArronsEy-I do not think that the girl
could have Sokey at the time he talking TO
She sat with her back towards the door.
The evidence for prosecution here rested and the
counsel for defence called,
CHARLES OsTRANDEr who was sworn-I was at the
Broadway Cottage the evening of tina Sd Of December
Dngler was there's saw Ann Murphy come into those
premises that evenings was between eight and nine
O'Clock; she with Jacob Roome; she walked right
through the bar and Dinger went out with she
went far the back door with Mr. Roome-she made
resistance at all she went through the room heard
outcry made by her. she went through apparently of
her own accord and smiling when she in;
one touched her when she in except Roome Host
sight of her at the back door; when the girl in
Dnpler was talking to me about two from the end OF
the bar; he with me- and the
of Broadway and Pearl street, LETT him at the of
Broadway and Pearl street. went Broadway, and
Dngler remained at the corner returned to the cottage
IN the course OF two three minutes and there found
Dingler on the stoop; walked in the house; Ding.
Ter came in behind me, and the girl standing
the door, He up and spoke to the girl
and did also she crying and jawing together ask
cd her what the matter with her; no repy
then left her and went INTO the yard; when came
she gone; that night the next night afterwards
A tianara hn HplIo M.
Roome has left the city, believe
Cross.eramined BY Drrmer ArroRytY.-I am brush
maker by trade; do nothing have not since
last spring. worked nine months with Wilson and
Brown, up town, some ten years ago was in the brig
Ruth ibid not like 10 stay and the purser got my dis
charge; have since specuated in the Fulton market;
have known Mr.. Dngler for several months; endes-
vored to get him to make aes there his house for
poury have play cards at whist in the bar room and
in the back ROOM have known Jacob Roome for six
months he lived up in the Villages do not know the
street; have been there with the bar.keeper of Mr.
Dingler; he told he intended TO leave the city;
was in the street half hour before saw
the girl with Roome | her have hold
of his arm, but did not see him have hold OF
her arm did not him push haul her; have
in to the bar and liquor and then 20
my return TO the Cottage met friend woman,
nauehterO one of her names is Mary Ann Cotton; she
has names she used 10 live in Anthony street; re-
NAMED there with her about minute and half; there
was IL or Is men in the bar room at the time went
out George Newbery there; the two prisoners in the
box were there's James John Williams there and
George Doremus; when went back nearly the per
mussed; Hatfield was playing cards with Mr.. De Groat;
Underh sitting at one OF the tables, dad not hear
her say that she had been violated went out again in
few moments; walked up and down Broadway by myself
walked two three blocks then went to the Cottage;
did not the Waterman go in out of the house;
when went back heard that the watchml had been
there and made this charges Dnger asked the wschnan
f Sokey had thing to do with the charge and said II
he had he would go he afterwards said he wouldn't
go; think this about half past o'clock have seen
girls come in there before.
AT this poiat RroHARp VooRHgr,, Esq rose ana al
dressed the court stating that officer ordered
him of the small adjoining the court wheIe the
witnesses had been requested TO assemble uuns he ex
animation. -.
After he had concluded the District Attorney sta
ted that the officer had acted perfectly right eectiDg
me gentleman from as he had no business there
unless with the consent of the Court.
VoonHgKs again. and in great passion spoke OF his
lights and his knowledge Of his duty, &c
The Court cut him short by agreeing with the District
Attorney that Mr.. Voorhees, had business In the
without heir know ledge.