The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-24

tory do not know whether UnderbiII .. th.rs ar
90 not Know the man Who was with Din rIer. oniv 49,
his back they went through the cellar mo * .y
wneh they came back little fellow named Jake Roons
about two minutes before they returned thron.h arr
lar asked no questions when they went hrnraL S.
spoke Dingler when they went back besrS but
screech In the yard before they through the cer
the screeching had stopped before they went uto ih
yard there is fence in the yard and the only way for
to go up the steps and climb the fence; when thew
returned Dngler called for sandwich, and then Jake
that man since he was nearly large a nan
as Dinger not quite stout Kenyon was in the cellar
when these men passed through into the yard have
Jake Roome since.
MARY SKINNER called and sworn.I have charge ofths
females at work in tho city prison. This witness related
the appearance OF Ann Murphys clothes and person
the night of the rape published the last trial
JAMES sADLEn smart apd intelligent boy, called
This witness testified TO meeting Ann Murphy the
night the rape above Broome street when
she asked him the direction to Beekman street. which he
directed her to.
CArHERINE DoyLr called and sworn.-On the srd or
December last lived in back in the building at
tached to the Cottage the exchange ocs This
man heard the girl Ann Murphy in the part of the
house talking as she went along heard no screams.
Dr. MAoeMs, physician OF the city prison recalled
by prosecutonThe marks on the shoulders of the girl
appeared to be that OF an old abrasion Of the sknshs said
had been made the night before told her it not
THEoPHILus BAcHE called and sworn-This witness CO.
cupied part OF the lodging which Kenyon slept
and heard the sCreeches Of female in the of the
house on the night the rape was committed before Kenyon
camo up stairs.
The prosrcut rested here and the District Attorney
in reply enquiry of counsel for Defence ed
ne had called all the witnesses for uon except
who had been suddenly confined in child bed He stated
that he did not intend to introduce any farther testimony
such was necessary to rebu evidence produced
on the part of defence.
JAMES T. BRApY. Esq. commenced opening for the do
fence at about o'clock He conteDded that the prosecu-
ion had not offered sing ota of testimony corrobor
ate the statement Of the girl Ann Murphy that Underh
was one OF the persons who committed the rape upon her
person-that, therefore, his guilt mere question of
identity depending entirely upon her naught
else-tha' she alleged she had the accused by the
light of the lamp in the alone that he had accord
ing to her story hurried her through the bar ROOM and
while in the back she cond not single person
so as to be able recognize them He asserted that Jacob
koome was the that brought the girl into the Cot
agewhich was shown by the statement Of Dinger the
night he arrested. That it had been questioned
whether such man Jake Rooms any thing more
than man of straw manufactured for the cason but
defence would satisfy the jury by evidence without ques
ton that there such and that he the very
individual who had brought the girl into the Cottage He
also stated that the girl TO this country In the brig
Echo. Captain Sill, under the Of Ann Wood,
which she disavowed having been used by
her That she had denied she had lived with Mr. Solo
mon and the reason why she had denied it, that she
lived there servent by the of Ann Wood That
the father OF Jacob Roome in the court end could
be brought forward to show that there such young
man, whose appearance resembled Underhill the
ed in almost every particular that his whkers that sp
peared to form the mark OF identity by the girl Of
similar shape and appearance and that they would bring
the barber no had of tho whskers OF Rooms
the morning aer the rape committed end who had
not been heard from since Mr. Brady concluded able
speech about half o'clock at which hour the
Court adjourned to II O'Clock, this morning.
The defence commence their testimony, at IL O'Clock
this morning, and the will be submitted the
jury before Saturday evening. fre