The New York herald., 1845-09-03
Court Of Oyer and Terminer.
Before Judge Parker and Aldermen aleserole anc


for the wiliu murder OF Jesse Lee Burs, Ia young lad
aged about IL years. on the - day of February last
The prisoner is genteel looking lad about years of
age, and was respectfully dressed Daniel Livingston
implicated With him in the indictment same charge
took his place beside the prisoner and sat with him du
ring the trial Both seemed to have suffer good deal
from their long confinement, and looking pale
After vast consumption Of time in swearing jury
several on the jury panel having been set aside the
ground of entertaining conscientious scruples as to
finding verdict of guilty in cases of murder when
death would be the penalty the following jury were
sworn :-Parmenus Doxy, foreman Thomas Bennett,
David s. Draper, Garrett Burgess George Bacon Ed
James Rockford, Edward Lampson Martin Benedict,
James II. Stephens
Mir PArnasoN hereupon opened the case. The young
upon trial was acquainted with young lad named
Jesse Lee Burtis and would be proved in evidence,
that they together Sunday the 2ad Febru-
airy last They would be able to show that the stepaher
Of the deceased returned from his business the 22d Fe
bruary, and placed sum OF money in his bureau,
amounting TO about $780, On the following Sunday, the
stepiather and deceased went to church together and
after returning from church the boyafter sometime went
Barker subsequently examined his bureau, and found
that about 500 were distracted from it. They would be
able TO show that the deceased, Burtiswho lad
OF about seventeen of agehe prisoner at the bar,
and another, named Livingston were seen together on
the 2lth and 25,h of the MONTH and together
at house in eJth street. taking refreshments and drink
ing. 1t would be shown that the prisoner, Hodgkins
and Livingston went to hire boat to go up the East
river that they left in boat in company with the de-
ceased after making bargain for hire of same and in the
meantime getting rereshment in the shape of
The would be found material in the course OF the
trial The boat was hired from a man named Smith
The three proceeded down the river in the boat after
some delay in getting stone anchor This Smitas
last sight OF them until he found his boat place called
the Novelty Works" in two days after they had left
They returned the boat to Smith They would be
able to show that Hodgkns denied having the de-
ceased after the 23d February and could prove he
with deceased the 2h and 25th. That he went to
man named Woodwork previous to his starting in
the boat and asked him for piece of acklne that would
keep long under the water which excited the curiosity
Of Woodw orth who asked him what business he had of
the line, TO which the prisoner replied he wished to
drown dog In relation to the pies they would be able
to show that they had purchased some previous to eav
ing in the boat and when the body discovered it
ascertaned that aisins were found in the stomach,
which by chemical it could be proved had only
been there for about hour they not sufficient
y digested The pies they purchased contained raisns
The head was severed from the body the trunk remain
ing, and the hands mutilaed The step.faher told
the Coroner previous to the postnortem examination,
that was the body of his soma certain mark would be
OF the case which be disposed of solely upon cir
cumstantal testimony the nature and character of
which he would take occasion to dwell very fully IN his
summing up, circumstantal evidence often
important than direct testimony. He hoped the jury
would discharge their solemn duty without fear favor
misplaced leniency.
JOSEPH d. BARKER, (stepfather of deceased), the
first witness sworn and examined by Mr. Paterson-l
reside at 53 Orchard street; have family and had
stepson, named Jesse Lee Burts; the last time saw
him was on the 23d February; he is dead, as be-
ieve; he went to church the 23d of February; lost
some sloo on the evening OF that day. they were taken
out of my bureau the drawer Of which was unlocked;
saw piece ofcake on the top OF the bureau; sometime
afterwards hearing that body was discovered near
Blackwelfs Island repaired there, and identified my
sons clothes, which he the last day saw him
did not then examine the body, which ordered to be
sent to the Aims House Bellevue; told the Coroner
the next day about mark the left foot, by which
could discover was the body OF my SOM the
examined the body, and found the scar; then recog
nzed the body; recolect distinctly said if the body
was my step.son,s a scar would be discovered on the
foot; viewed the body and recognized it the body
Of my step-son there head on the body-it was
merely the trunk; discovered it was the body Of my
only by the upon the foot; | dodg
kins until the 25th; asked him about my son; he said
him with me for the last time, the 23d going to
rkT n. htG utos naeAo MINI tp fhA
Station House No. TO- and desired Captain Thorn to send
for Hodgkns; ! went from Hodgsins to the Station
House. direct; two Of my brothers were presents the
prisoner there; he denied having my af-
ter the 23d of February went to seth street. the 26th
February and learned they together at tavern
there the oath February; the interview at the sta
ton House Livingston was present and he acknowledg
Mondays but Hodg denied that he was with them
| on Monday; Livingston then said to Hodgkns, we
might as well own it. as not-they have got wit
nesses to prove together Monday" Captain
Thorn asked him how that they did not agree IN
their accounts Hodgkins did not repy next saw Iiodg-
kins near kpps Bay and Bellevue he was IN company
with his father; he said they could not get boat TO
search for the deceased this on Tuesday, Hodgkins
acknowledged on the "Wednesday following that my
Livingston, and himself We're together on Tuesday
sitting on the church stoop; my next interview with
on Tuesday on the river in boati asked Hodgkins
where they went with the boat
Crosseramined Jy Mr. PHyNix-NIy son taller than
the prisoners left before this circumstance
on Sunday when deceased last left am not aware
that he had any misunderstanding with my wife or my
key in my pocket; missed my money on Sunday even
ing; the doors of the house were locked recoilect
having gone to s5th street, know lad named Barr;
went to see him; this was alter my sons death my son
at pubic school, No. Q, Mr. Ketchums school;
did not hear that report was current in the school that
M son stole the money advertised about the robbery
on Monday, and again on TUESDAY; did not mention
names did not wish TO expose the boy; was told by
boy named Wright that Barr could give me lniorma
ton about my son when went to Barr, got no nior-
nation from him. then met Hodgkins; he said would
find my at the second avenue; charged Hodgkns
Livingston
omy money The affidavit Of this witness charging the
was here put in and read by Mr. Phenix. II dated
2sth February The prisoner was arrested on .he am
davt and examined at the police office lie was dis
chargedl never knew the boys and never saw them
until Tuesday evening.
ALrnrus NfrrsroRp examined by Mr.. PArEEsoS-I was
assistant keeper on Blackwels Island in February last
was passing on the river the 18th May, and saw a
body floating the water; brought the body on shore
head on the body found it floating near 6ls street;
there clothing on it; should think 1t was the
body of boy; Itowed 1t ashore; there were convicts
with the boat at the tme made no search in the
pockets
JOHN A. SMITH, examined BY Mr. Paterson.-I keep
letting establishment 35th street, know the p
the barr saw him on the 25th OF February ast
he in company with two others; they came to hire
boat from me- did not like to hire to them at that time
year hired the boat to them; in about an hour after
told them unusual to hire boat at that season.
they said they wanted go for pleasure an
sion they said they wanted some provisions, told them
would get them some milk and some PIES the grl got
them for them; they went away IN the bouti ! told
in some place where | could get it; they then
got started, and said something among hemseves;
they said they going to Newtown Creek, and
as they intended to stop they should have an an
chor sone let them have one; it was large paving
stone holed; it weighed about 30 pounds told mem
take the steamer; they said they went partly for plea.
sure; after starting they went in contrary direeton
from what expected they did not return ana went IN
search of the boat found the Novelty works; the
anchor stone was taken away; found the oars there
also thev never came back to me about the boat after
they took away; the prisoner afterwards in Jail
rot dollar bill for the boat and the REFRESHMENTS
know not sort of pies they got there was large
steamer launched that day, and they went below the
steamer my branded on the oars; the oars |
were left in the Novelty yard; the name was partly |
scratched off.
j. LAsGAS testified that he belonged to the Novelty
Works and was watchman; saw boat near the Novel
ty Works in February last; steamer was launched |
there about that time was duty the night dis |
covered the boat the were in the boat there
hat od To docE