The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-03
Trial or George Higbee for Rape-His Con :
vlcttOn.

With Fix Others for feoniously sssaultng, &c. Ellen
ell the prisoners having demanded . separate one.
Gen. Duryes the District Attorney, ii A. Morse Esq
Assistant District ttornsy, and Alexander McCue,
Erq appeared for the prosecution; and ex.Judgs
Garrison for the defence. Col q. J. Jack, and N
r Wsring Esq who were retained for some OF the
ofntr prsoners also attended to watch the proceed
iEgs
This was the case which created q great sensstion
At Tho time OF lie occurrence in the month OF Janu-
ary last wht an account of IL appeared In the Ie
roid, the prosecutrix being then described by her
m alden name, Mcdonald
Considerable time was consumed in selecting a ju.
~ several havisg been orily chsllen and
Others rejected after examn alton.
The necessary number having been sworn, the
court took recess.
AFTERNOON SESSION.
Mr. Moore briefly opened the case for the pr rosecu.
ton true bill had been found by the Grand Jury
against the prisoner, for OF the highest cr mes
known to the lsw-tbAt Of rape. He was charged with
the 14Ih day January last ON that evening s had
been to the house OF q distsnt restiYe whose
was Dooley, and was proceeding homewsrd With him,
Dooley knocked down and dragged away, and while
he was gone for policeman, tho prosecutrx was for
chilly rsvshed by i've Of the prisoners the hold
ing her down stoppiog her mouth, and keeping her
the ground Such was the outrage p.rperated By the
defendants which they expected to be able to prove
beyond ell BILE doa and II they did not they
would not ask verdict at the hands Of The jury The
police officer whose assistance Deolsy had obtained
prize ner nsbes near the place Thus they could con.
meet him with the outrage before 1, was committed
petr0tOn, ana dfterWar0b; VIXEN tno
officer came up he told him where he could find the
man With regard to the prosecutrix she compare
lively a stranger among tthem. and woman Of unble
mihed character Us they could ascertain by the
inquiries they had thought it their duty she
hsd until recently lived in Canada her husband
had been for some years past in South America she
had been detained in tbs county jail ever since as
witness; and he would call the physicisn OF that jail
had received. They would also show that these young
men had been at the house Of Mrs. Farrell ION the
road to Bedfodl who bore, to say ths least of it,
tcv ,hora ha~x
king freely and in that dton that would
render them capable of committing such offence,
Boosting OF 1t as an exploit Of which they were proud
JAMES Dooley called and examined by General Dur
yea He lived in Franklin avenue between Willoughby
street and Myrtle avenue; q lRborer for masons
had been slightly acquainted with Ellen Rush; had
only feen her three times snoe she came this
country; the first time six seven months az
Der brother married to witnesss sister he lived
in Hudson avenue; first saw her there at her brether
Mrs, Ru.h was at witnesss house about month 60
upon q Tuesdsy; rhe came between halt past
snd eight o'clock, and remained till halt past eleven
OF twelve she waited to go home they all sat round
Q crop Of liquor in the house that night ;
about bsl' past eleven, witness and Mrs Rush
avenue towards cousin of hers; they proceeded
until they had crossed Fulton avenue; witness then
stepped and about to go back when the prisonsr
Higbee, came behind him ana caught hold Of MIN and
raid, you have got to coae with me- witness said
"where? and prisoner replied he would lst him know,
bis arms right round the body and ran him aou With
bis hesd down; Ellen Rurh wss standing alongsids
wtnsss when prisoner came up; he ran him along for
some distance, and threw him down on his face and
krtss; did not know what became Of the womsr he
got up and ran TO the sion house in Myrtle avenues
found four five policemen there did not know the!r
names except those OF Grfnths and stewart; Gri.hs
went with him be (witness) was " fr~ttedn aud did
ro'sxsctly recolect thing; when they got
the place, the first man he was Higbes lthe pri-
son.rJ: he caught hold Of ha, and called out; the
prisoner asked by the ficer ard he raid She
(mtsnipg Mrs. Rush) "is round here'-snd brought
them to where she che bstween Clinton
sud the railroad, standing bahind charcoal box
the officer took her and brought her to tie station
bcu,e witness next saw Hsbee at ths eIamination at
the jail; hs had a bite aad cap on: knew him
before; had sesn him hundred times, passing aim on
the wslk
Cross sxsmined by Judge Garrison In what Is
called the ..Thatched Rouse" From kiln avenue Ne
enc was with Mrs Rush when she came 10 hi, house,
and there but himself and his child Lived
on the fret noor-occnpied one room. man named
Nilsop lived opposite be had wife and children .
Mrs Rogers lived In the back room behind Wilson's !;
she had daughter, married oman, who lad d small
boy who slro lived there The rect OF the house VAS
uEoccupied Did not know how rrs Rush came to 20
there that night he bad not invited her. Ills wifs
bad been in the room with Mrs. Rogers Witness sat
by tie that evenipg smoked his pipe and played
With the child his wife ana child there all the
evening there was no quarrel between his wife and
witness or Mrs. Rush, or any ons bis wife wanted
whr.ts about an hour TO 90 to Fulton avenue. Mrs.
Rush ntitter fell, sat, or laid down on their way
from fsiton avenue. when the pr,oner came up,
Mis- Rush Mas on his iisht hand side. sas nothing
Cf tie prsoner Till he ca me up, and laid hold OF hin
by the reck one hand Ia front. and the other behnd
him. lie vsss his hack when ho fret took hold OF
lim sev,ral questions put 10 this vitnes, with
a s,.~ TO elicit that he, CT Mrs Rush, both, had
ie, diin kihg. but the witnefs ,toutly denied IL
Ee.txan in,d BY General Dur, es- Neither the Wit
rsss nor kiicn kush we're In state OF in'oxostion
that ey. ming
10 Judge Garrison Remember this trial was set
down Tor lsst Tuesday was here in attendance, ana
Ellen RUIN was then called [she n a woman about
"a ycnis Of egs, and bore evident traces Of recent
,lir,n sue stated hsr hustasds name wa, John
e Lsd teen nothing of him for AZ years her maiden
name was cpopsla che lived lately With brother
OF teis BerpsId hcDonsl1, In Jsoksor-stzset, near
Myrtle had done iUr about three IN on ms
pat bot Ia ID psit of that time being saying With
cousin IN Wiioughey street. .hs had another cousin
ten, Upper Cnnada for vs yrsrf sho was st pooleys
Leufe IN January lss where the went TO see him sud
,tepd white OF the evening Though. u wss after
~ O'Clock but va, not Quit. sure went there from
her brotksTs hou,e Dooey. his vile and small obiid
there had never hrs Doesy but onee before
Of her vnesa) bfothert they sat aud talked aud aai
stme TIA thrt; did no. drink any liquor dr. Dooley
vih b,r sh.h he LETT; they vent towards FULTON
avtEu.; fbe bad never bes1 that way before; Dooley
vslksd alongside a her fhe wanted 70 call ~ hsr
oou,iLs ns they vent tlsag, wb.rc che th01ght che
couid scp all night che NJ last made up her mind
20 10 Ter bso;hers; they got tovsrds Fulton ave
Lue they met Two young EsB; the hfht taid, oooi
night ihty made 70 he gra Pplsi Mr. Doolsy,
agu tfCy bad s, he seemed 70 W Al onoGs
Dolly; sitItss sEg Doolsy liek up Lis Lat and run
susy; tao 81 tire young men then took as-, end drag
ea e. =. we lSsa i,sss; ,n, Two esnas ua !'s, AZ
fht otetkrow rev many more hut ele could be aurs
thte we're s,sn o. th.m one vas that large tizsd boy
With The white ccsi On tWn'ts here polluted out and
tsn'itrd tie pfsoner1 Could Iot tell how lar, butt
net Tar oa tile roAdslie; the other oams
alots fhe told htm g ! hsr go be ,sid he would
hsr hunr; tle raid the Ioing TO her bs0thsrs,
eLd told tLen bis nsme; he then threw her dosn,
tud trs her in Every way that he could she could
cavtr,d her mouth 20 IN she ecu not cry OUT two
I'rs ttms up and vi Utsd her as mg II a. tas Others