The New York herald., 1845-09-04

Before Judge Parker, and Aldermen Meserole and
Compton.

before Judge Parker, and Aldermen Meserole and
Compton.
NJ c. PATERSON, Esq, District Attorney.
SEPr 3-ITiat ot Leonard n. Hodgkins for Murder
resnmed,-The Court opened at 10 O'Clock, and was
crowded to excess The prisoner and Living took
the places occupied by them yesterday.
JOSEPH D. BARKER, the step-father Of deceased who
was examined Yesterday, resumed his place upon the
stand wishing to explain points in relation to his
testimony on the trla yesterday lie stated that the
material of which the deceaseds made
the same as that OF his own Of which he had small
piece and compared them The boots Of deceased
marked in the same manner those kept in his (wit
WILLIAM McCoRMAoK, assistant Captain of the NUM-
cipal Police, swornD examined by Mr. PArERsoN.-On
Sunday evening" Mr. Barker the Station House,
and wanted to search for his SON. he searched coud
not find him. He went again with Captain Thorn on
Monday evening and could not find him; Tuesday
morning Hodskins came to the station house, and went
out, and said he would search for the deceased
The father Of Iodgkns came subsequently in
o0mPsnny with avsan small boy and again left
Barr and Hodrkins to the Station House Barr said
he saw Hodgkins and Livingston and the deceased to-
gether on Monday. He said he also saw them Tues
day. Hodgkins and Livingston were brought to the
station house Tuesday evening and both stated they
did the deceased. then turned to Hodgkins and
said TO him" Now, you look in the face and say
you did not see Burtis on Monday !" To which
he replied "On my honor | did not" On We'd
nesday morning, they admitted they together
Monday. They first contradicted each other in
their statements, one sayng one thing and another say
ing another thing. They then acknowledged they We're
together on Monday and Tuesday Barr said, he saw
the three together Tuesday in the Second Avenue
would suffer death before would acknowledge it, but
you have done So will let the whole come out /"
He said they took boat and went to the Novelty Works
and again returned and stopped for time the steps eli
a church in the avenue.
Cross-eramined BY Mr. PHGS,.-Hodgkins was ia
toiy all the night Of Tuesday at the Staten House
They had an poitunity Of leaving the city several
times since the 25th OF February They did not go and
voluntarily came TO the station House until they were
finally arrested this charge They charged with
a burglary before, and il custody on the charge
CHARLES P BusSs. sworn-(Exanined by Mr.. Pater-
son)-l blacksmith, and was in the employ Of the
person who built the Niagara saw on the day that
boat launched three boys in boat; they up
from the dock One of the boys had two small oars and
turned in half an hour have seen the two young men
here in court, Hodgkns and Livingston at the Police Of
fee said they did not look like the boys who brought
the oars and could not they the boys
1t about half past two o'clock when they with
theoars never swore that it was at II o'clock. An
affidavit signed by witness in which he stated it was at
IL O'Clock when the bJys left the here put in
and admtedl have since reflected on the matter, and
have changed my mind as to the time
Mr. PRIcEl is not competent for the District Attor.
ney to this affidavit now.
CuuRT.-Do, you object to the reading OF it
Mn. PRioE-Certainly your Honor
CouRrThe witness entitled to use to refresh his
memory.
WITsEss-I have since put my mind on the subject
and have altered my opinion
WILLIAM FEE, sworn-I lived with aman named Pear
SAIL who hired out boats three boys come there to hire
boat in February last Hodgkns the prisoner,
of the boys who come he was the principal spokesman
would not hire the boat to them It was about or
o'clock in the morning.
Cross-sramied by Mr.. PHEvI1-I was examined at the
Police Office the affidavit here shown bears my sig
nature The affidavit says It was about seven or eight
o'clock.
CHARLES LEuzr sworn-I have known prisoner at the
bar, Hodgkins since last fall had rsaton with
him after the advertisement appeared about the taking of
the money. He said they never would catch Burtis
ii. STRICKLAND, sworn-l am keeper OF the Upper
Prison. often heard them calling out to each other.
heard Hodgns and Livingston often in conversation;
sometimes could not understand what they said heard
HOdgklns ell
kill you"
Cross eramined by Mr. .PHrNx-I considered it was
my duty to listen 10 what could hear in prison /
considered it my duty to communicate 1t to Judge Tay-
lor
were there not other charges against the prisoners on
which they were confined
MIR PArLRsoN.--I object to this question. have Sc
dulously considered this fact all through the trial and
will be able to show, by unexceFhonable testimony
Mr.. PRIcE.-Were they not confined at the same time
a charge of burglary
Question overruled.
WITNESS in continuation.-I often heard them speak
in flash language, which ! could not understand. do
not understand Latin They spoke in English, but in
such manner as could not understand.
Mrs. SMITH, sworn-I live in the Sd avenue and keep
shop; sell pies. know John Andrew Smith. sold
girls name was Margaret think this was about the
22d February This was the only time ever sold pies
to my son before.
myself bought them from man in the avenue. did
not see the contents ofth pies They were mince pies
can't tell whether there seeds in them; can't tell
If there were stems in them
Mrs. SMITH (wifc of John A. Smith,) sworn-Exam-
ined by Mr.. PATERsoS-I remember the day the pies
sent for saw the pies brought into the house by
the girl.
MAURICE D. DUNLAP sworn-I employed at the
Hurgate Ferry in February last Captain Thorn came
there on Tuesday with Hodgkins; kept reireshment
store there; recollect that Thorn wanted to know if
nodgkns @ was at my place the day before Thorn asked
Burtis); said, Very likely that boy prisoneD can
tell where he he with him the day before yeser
noon about four o'clock, think the two young men in
Court prisoLer and Lvngton who sat beside hm were
there, the third boy was smaller than ether it
about four O'Clock. The Court here took at
halfpast H.
The court met at o'clock.
MARGARET GALBaAITH the servant girl alluded to by
Mrs Smith testified she bought three pies on the day in
question, and gave them to the three boys who called
the smallest OF the boys was fair haired.
MIR STEPHEN BARKER, brother of Joseph D. Barker,
corroborated his brothers testimony in relation TO the
declarations made byprsoner In his (wtnesss) and his
THOMAS BARN. the boy referred to above, corroborsed
the testimony of former witnesses in relation to the fact
Of his having prisoner and Livingston the Mon
day and Tuesday and TO declarations made by them ne
heard Hodgkins say to Livingston "We must he careful
howiwe talk here for there is some one listening all the
time"
The case for the prosecution here rested, and
Mr. PHEsIx, in avery able and eloquent address, open
ed the case for the defence. In the of his
marks he stated that they would be able to dprove
every material fact of the case to ebut the main
on the part Of the prosecution and prove beyond
the shadow OF doubt, the innocence OF the prisoner
DEFENCE
JAMES BARR the first witness called for the defence
examined by Mr.. PHESIx-This witness testified he
deceased Tuesday morning 26h February; and ain
between three and four o'clock he heard him say he
y took twenty five cents; heard prisoner telling him TO
60 home; Hodgkins told witness ho would lick him if
he told
MARY SKINNER sworn-Knows Barr; saw hor nephew
and Barr with Livingston and Burtis Monday, oath
February; her nephew and self afterwards down
to the city
WILLIAM HopoKiSs sworn-Knew deceased: heard he
had robbed his father; heard at the public school;
him (deceased) on Wednesday, on I'd avenue be-
tween and o'clock; went with MIR. Barker on We'd
ne sday to look for Jesse.
oscAn Hopex exirs, very intelligent lad about twelve
years old brother of last Witness neither having any
ationshp to the prisoner, testified he knew Burt and
saw him last the 26th February, in ID avenue be.
tween and O'Clock; knows il Goth Feb by the
books he took TO school, had with his bro
ther Qast witness and both agreed Wednesday
they saw Burts because of the class books they took
to school, which were always used on Wednesday, on
that day my brother went out with Nr. Barker
JosrrH BARn, Gather of the boy james BARR