The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-11-29

In accordance with law passed by the last
General Assembly, have received, and caused to
be printed, the official reports of the Auditor ami
Treasurer, the Financial Receiver of the State
Bank, Land Agent and Commissioner of the Peni-
Tertiary; all of which will be furnished, when it
may suit your convenience to receive them.
JOHN SELDOM RoArE.
Trial of Reuben Dunbar at Albany, for the
Murder Of the Lester Chiidxen,
From the Albany Atlas, Nov. I'll
The court, Judge Wright presiding, yesterday
took up the case of Reuben Dunbar, indicted for
the murder of Stephen B. and David L. Lester, two
boys, one eyed seven and the other nine years, in
the town OF Westerlo, on the 18th of September
The duty OF empaneiling a jury commenced
early in the morning, and consumed the entire day.
Some sixty or seventy persons were called, and
most OF them set aside as being incompetent in
sequence of having formed or expressed opinions
in relation TO the guilt of the prisoner.
The panel was completed late in the day, and
the folio wing gentlemen compose the jury -
Jacob Oliver, of Bethlehem; Henry Van Alstyne,
William Van Olinda, Lucas ]. Whbeck, Lewis
AsPinwall, Peter Levings, Samuel Stewart, limo
thy G. Abrams, James Johnson, OF Watervliet;
Gerritt Oliver, of Albany; John G. Houck, of Gull
derand; Peter White, of Albany.
The District Attorney then opened the case, and
stated TO the jury the substance OF the testimony
he intended TO submit on the part of the people.
He stated that the victims of the horrd deed were
two brothers, half orphan children, of the ages OF
seven and nine years. and at the time of their MUIR
der residing with their uncle, David Lester, IN the
town of Westerlo. The prisoner, Dunbar, is a
stepson Of Mr.. Lester.
Aher the conclusion of Mr.. Hammond remsrks,
the jury were taken in charge by the officers of
the court until this morning, when the examine
ton OF witnesses on the part of the people was
commenced.
David Lester was called as witness He testi-
fed that the prisoner, Reuben Dunbar, is nineteen
years of sge on the 2Sth day of September last.
bis family consisted of himself, wife, DUNBAR and
his wife, and the two boys Lester, one in bis tenth,
a nd he her in hta etnhfh van Dfa
two years ego, witness made will by which he
gave TO bis wife, in case of his death, all the per-
sons and rea! property for her use, during the
time she remained his widow-in confederation
Of which she was required to bring up the two
boys; efter her death or marriage, the boys were
to GENE in possession of the property the will
was destroyed about four weeks ago witness
married Hannah Dunbar, mother of the prisoner,
nearly seventeen years since she lived upon the
farm when he married her he has no children
the father OF the two boys, q. w. Lester, died
near Canandaigua about five years since; witness
took the Oldest boy short time after his fathers
DEATH the youngest came TO live with him about
tive years ago, and on the last day of December,
lS49, this boy was taken TO his own mother he
was brought back 10 witness house in the month
OF September last, only one week before the
murder took place; witness saw the two boys
alive the last time on Saturday, the 2Sth day OF
September, early in the morning went awav
nom home that day some eight miles with a load
OF grain mentioned TO prisoner on Thursday
that he intended 10 go prisoner took his wife TO
her parents on Friday; the two boys, together
with prisoner, were standing some twenty feet
from the wagon in which he was seated with his
grain, and when about starting one of the boys
remarked, in the hearing of the prisoner, 80 Uncle
bring me a hshbook, and | will catch you big
hsh !" this was repe ited several times the boys
bad no hooks, lines, or other fishing tackle
this was the last time witness ever saw the boys
alive; upon returning in the afternoon, witness met
the prisoner coming out OF a neighbours house, and
asked him II he had seen the boys; prisoner said
had Hshi nd nj
wards the neighbours; but soon returned, and being
asked whether the boys were found, he said he had
heard nothing OF them; he said he returned up
the creek and looked for them there; witness then
remarked il was strange they should stay SO long
and inquired Of the time they left home; prisoner
said that when witness left, he went into the wagon
house after sickle to cut corn stalks; said Stephen
came IN and said he had notion of going fish
ing, but witness urged him not TO go, his uncle
would whip him when he returned-but il he
wanted TO do anything he had better 60 and pick
up bu'teInuis; the COY answers, mat he did not
wan! to &c that Ed went out Of the wagon house
witness asked prisoner where he saw David last
he answered in the wagon house door; prisone
then started and went TO the corn field to work
the night ofthe loss, particular search was made
ior The boys, only going to the door several times
the less OF the boys was the subject OF conversa.
ton during the ming, between witness, his WIFE,
and prisoner; on Saturday morning, witness went
some three miles 10 brother in laws in search o
the hoye, but could obtain information; wen
them, and returnt dlhome about nine O'Clock IN the
evening; on returning. he, (witness) met Mrs Il,
his wife, and prisoner. near the lane IN the road
going TO church; witness requested the prisoner to
assist in searching for the boys; but the prisoner
said he preferred going 10 church. He was again
requested TO assist in the search, when he turned
his team about. A search was then made by wit
ness, prisoner, and two or three neighbors;
went down the creek about mile and half, the
prisoner in company near mile; very little run
ming water, although some deep places, sufficient
next day, the prisoner starting with the compsny;
but after going half mile, the prisoner missed;
the creek was thoroughly searched this time; on
going back to the house, prisoner was seen in the
wagon, and was asked where he was going he
said he going after his wife; the witness hoped
he would not 90, but continue the search for the
boys; bis reply was, that he had been searching all
day, and did not feel like walking any more; he
felt unwell; he went after his wife between and
I o'clock, and returned about dusk, bringing her
with him; on Monday morning, witness requested
prisoner to 40 and inform the neighbors that the
boys were missing, and desire their assistance IN
search OF them; he went TO one neghbor and re-
turned about IL o'clock on Tuesday, while we
were searching deep hole in the creek, the pm
.oner came up on horseback, alighted and place.
himself in STOPPING position, in which he remained
'ome ten minutes; had a conversation with prisoner
IN Wednesday, before going to Albany, who In
lured whether witness would return home tina
ley, and was answered that he should probably
rot be able to-but did return the same night
IA small cudRel was here shown witness. which
le recognized as being his, called swingie to
iail, which he had had in his possession some nv
ears. A rope was also shown the witness, AM
y hicb he testified belonged to him, and which wa
Usually kept in the wegon house; II is part OF tbs
,orse's halter
In relation to this rope or halter, the priscne
aied 10 witness, that IN starting to go 10 Aiban
he boys were missed, one 81 the horses broke from
he pasture, and he took the halter from the hors
'e was driving and put y upon the horse which