The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-21
THE Rape and Murder OF katharine q ulgiey,
at Jamaica, Long Island.

The Rape and Murder OF oatharine q t.lgiey,
at Jamaica, Long leland.
EVIDENCE OF MR.. AND MRS. JoHEs-GaxAr EXCITE
NENT IN COURT.
Before Justice Snediker
On Wednesday evening the court held a session and
continued the investigation. The room was densely
crowded and extreme anxiety appeared manifested
in reference to the evidence Mr. and Mrs Jones'
testimony in the opinion many would 90 far 10 fasen
the guilt the prisoners II was well understood that
Mr. and Mrs. Jones the Sunday evening of the muir
der had two standing By the roadside, within
about hundred as from the pond in which the unfor
tunate girl cisco cred rayshed and murdered aud
the eagerness TO hear u evidence, the part of the
people, caused unusual state of excitement At seven
O'Clock the two prisoners brought into court, and
seated, usual BY their counsel Mr. Vessel Smith.
The prosecution was conducted by Messrs MADDEN and
Armstrong The prisoners exhibited great uneasines as
they they anticipated and had been evidently given
to understand that Mr. Jones wouldbe enabled to re-
cognise them a. the tive men she saw 0A the road
TESTIMONY.
Isaac Jones' sworn says- reside at Fresh Meadows, in
the township of Flushing was not AZ home on sunday
the 9Th day of October was al my father IN law John
Martin situated Bfushvle in the .own OF Jamaica;
left there about undown took il to be about shutdown;
it somewhat haay Ia the west my way home led me
the Blackstunp road from the Jamaica turnpike
wife and three chdien we're Win me- we we're IN one
horse wagon my horse is bay trotted from the
pike until reached Gunther's Hill and after that
horse went on sah unti after passed Mr. Denton's
tenant house one OF children wanted to drive and
let him do so; went up Gunther's Hill met
horse wagon coming wn they coming down pretty
swift did not pay much attention to them did
tice whether there than person in the
wagon the horse a dark color think: went
up the road the moon was shining; after meeting the
wagon met two men, and should suppose they
about hundred yards the west side Of Mr. Denton's
pond they the west side of the road when first
they enough touch it, they within three
four rods Of me when | first them J;
there is bend in the road which prevented
my seeing them sooner the road is little de scending
going north the road not stony just at this particular
walking and did not make noise than drawing
by hand passed these men what made me notice
them more because one of them threw himself round
and thought he going to take hold of my rens he
did not approach toward the horse did not hear either
of them say nything when first upon them they
faced each other ana making gesture with his
hand if he talking about girl; of these
taller than the other it the tall whom
make the gesture and appeared to be talking the
smallest man had cap and the other could not tell
whether he had hat or cap on, but think II looked
like Kossuth hat Inc prisoners were here ordered to
stand up) Witness thought there difference in
height between the tso men he saw on the road than
appears between the prisoners one of the
standing further oil than the other they were tAe
shady side of the road after passed these
unlocked, and l drove down the hill and when 10 the
hollow of the road, BY Mr. Dentons pond, stopped got
Out OF my wagon 70 nooh my trace, ahd AZ
that time heard noise in the pond; turned my ear
towards the sound thought ducks geese mud
ding in the pond what made me notice IL more particu
lary because ducks stop occasionally and
thought it unusual because the noise kept all on; my
trace the side Of the pond when got of the
wagon went around 1T, and then | heard the mud
ding in the pond; did not meet any female walking
the road that evening; drove home after fixed my
trace; from the time left nay father laws till met
the two must have taken from an hour to hour
and half; my horse Is very SLOW and my wagon is on
springs.
Cross examinaton.-At the place whore saw the two
the fierce about three four feet from the wagon
road; at the place where the standing don't
think there any hedge fence; the moon about
southwest; could ell how high the at that
tne there is bank the east side Of the road the
side he the foot path is level with the road
/ approached, the tallest stood with his back
towards me, and the other faced me; did not know
him; the light sufficient that if had known
the could have recognized him don't know1McCoy,
how much difference there in IT, height
OF the men saw but think there was more difference
between them than there appears to be between the two
prisoners it was the largest one who sung himself
around; should think it is rather than half mile
from Gunter's Hill to where ! met the two men,
think Lnust have from fifteen to twenty minutes
going that distance from Dentons pond to Van Sick
lands house, should think It took fifteen minutes
quite certain the place where met the men
had said thought it was Mackrels but coming
the road again found mistaken; have not
measured the distance from Denton's pond to where
met these men, it is merely estimate it was not
glazed cap that the man wore did not hear any alarm
cry the road could into tEe pond at the
time heard the muddling nese in the water; met
ther single horse wagon the road coming wards ia
maca Just by Mr. Demons tenant house, in the wagon
q man. woman, and child the horse dark one;
Isuppose when got home it was from to half-past
O'Clock.
Direct examinaton-Id don recolect meeting any other
persons on the road except those have mentioned;
Hannah Elizabeth Jones sworn says-I am the wife Of
Isaac Jones' the last witness Sunday the 9th day Of
October last was at my father house at Springfield
town of jamaica left my fathers house about
down that evening; my way home passed along
the Backstump road our horse from Gunthsrs Hill went
on slow walk; don't recolect meeting wagon the
HILL recoect meeting wagon rising the hill, north OF
Mr Denton this wagon was occupied by man, lady
and child the shining went along the
road; don't recoect meeting any person on the road
between Gunthers and Mr.. Denton except the two
these two net between Dentons and Mackrels,
Il about hundred yards south of Denton's pond
when first the It must have been about three
widths Of the road distance they the west side Of
the road the sudden in the road prevented
ing the earlier than did they standing still
at that time of them leaning against the fence
they facing each other and in conversations could
hear them talking; could tell by the tone of their voice
that they Irishmen; when the wagon approached
they jumped round quickly as we passed them one sald
to the other "hush; their conversation then ceased
there something in their manner which attracted
my attention passed them they appeared to
be very much surprised the road just at this place is
smooth the horse slow walk the wagon made
very little noise could tell which spoke to the other
in dark clohng they either frock or sack coats
wore cap, and the other, ! cannot say what ne
wore positively there appeared to be difference in their
height; tha&hortest the cap; don't recolect
whether they standing in the moonlight after we
pas. looked back at them, and they both remained
standing still until got out of sight did not see any
female the road neither before nor after we met those
two
The prosecuting attorney desired the prison
to stand up order that Mrs Jones might be enabled
to view them.
Counsel for defence objected the request and desired
the prisoners remain seated they under his
control but said the counsel have objection to per
init the prisoners TO stand at future stage OF the pro
ceedngs they shall before Mrs Jones leaves the
stand wish first to test the knowledge of Mrs Jones
the identity of these men, by examination,
and therefore decline to permit them to stand at this
particular time.
Mr. Hsdden-I shall put the following question to the
witness
uestion-How far the general appearance of the
prisoners correspond with the two you saw on
the road Answer-That is question ! cannot mol
answer.
Question you tell better if the prisoners stood
up
Objected to by counsA for defence, who desired the
prisoners to remain seated
Mr. Hadden-I request the Court to ask the two priso
to stand up.
Justice snedker-The Court requests you, Mccoy and
Duffy, to stand up
Counsel for defence-And request my clients to keep
their seats. daughter and general excitement through
out the room.)
Court cannot perceive the improperly of not permit
ting the prisoners to stand up.
Counsel for defence-They shall stand up when the