New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-11-13


ct know hist ,Le could row identify coy OF them
she Iever saw TIE a3sused befcre nor had DER aus
band 70 Der knosiedse seen h,o; me enc e IN,
srrck had or . hind Of dry drso c'a,; TOE 3soef
two hsd tp darh coats; Il was rear III O'clock a.
rieh.
Robert R.y va. then cslled to the stand. Ne SD;
live IN Teu'h sverae corner OF ISsn.y n'st ssres!
vitres, hs.rd the err Of murder" he Sss IN bic
Yocm; he rcs<sd up he siLdo~ ana looked OUT saw
three youse ren running down tenth avenue toward
Twer istN stysrt one was behind the other two; the
enc hssrd WIS DE largest Of the three be dressed
Ia . dr.b coat sad dAk colored pants one ahead hsd
on siased cap; witness saw a man lying on the
street he Rad fallen before witness saw nun; ne va.
he peroh lying there was quite dead when witness
came 10 him; il wa about FIVE minutes between tne
time when witness heard the cry Of murder aud when
be reached the dead body Of Mr. Swanson; the lsst
Of the bays who running ran fastest; tne oody
was ling on the east side OF the street. the boy that
vas running behind bad on light drab cost; witness
90. it By lamp as the boy vas passing W ne also
Ds1Isl Cunningham, one of the three boys alluded
10 IN connection With this murder, ana VINO voiun-
pess stsrd. He said he had lived daring the last
month 10 Tenth avenue, between sxteen'h ana seven
eaepth streets; he had known the prisoner shout two
weeks before the a1Isy; the ahIsy was on saturday
coming up Seventeenth street, and going toward
Eighth avenue; the other boy, McGfney, VS.: with
prisoner; Rodgers had on a light drsb cost IKE
kremsns coat; he also had cap; Rodgers 10 the
outest of the three boys the first met prisoner about
O'Clock IN the evenings accused asked witness 70 go
alorg and have drink; they went down 70 seven,
tenth street between Eighth and Ninth avenues, and
had e. ass beer; remained there about i've minues;
thew then went up Eighth avenue to Fwenty-hrSt
street; they stopped there from five 70 ten minutes
they then vert TO TsentyiouTth snee. from tno.e
and got another glass Of beer; etsid there about five
minutes, and then went down Iwen.y,n1th
20 down Twsnty-siIth street; the other boy
wouldn't go; they then turned round and went 70
Twenty. second street. and met boy; Rogers asked
the boy for piece Of an apples the boy refused and
fred the apple al Rodgers; prisoner then turned back
and ran after the boy then the three boys cane across
and down Tenth avenue as far as Tgsaty-irst street;
they were going toward the Ninth avenue; Rodgers
was drunk and Witness with the other boy, was try.
ing to get him home; at Twenty rt street man and
woman were coming along and Rodgers staggered up
against them-agsinst the woman; the man turned
back aId made come remark; the other boy told the
man TO 70 or to never mind, thsdRodgers was dunk
then the man made crack at Rodgers with one hand;
the hand passed over Rodgers; then they go' into
iId Of fight we got Rodgers away; we then went vent
Rodgers cnched; Rodgers made blows at the
man; Rodgers in leaving the man ran the fastest;
70 noe, Rodgers must have stuck him the man
followed right of after Rogers left him; didn't
zee Rogers have knife; prisoner ran uo
town witness and the other boy went down
tbe avenue sipsss did not see Rodgers a 'r thst TILL
he saw him in the Tombs; it malt bser that we
drank; prisoner must have had several glasses wit
nsss said before be saw him on the nga. o. .ne
teen years DID, he identified Rodgers 10 court witness
was srrested on Tuesday morning after the murder;
be knew for What he was ar.e;tso POseem nn tS,a
ward and testify; be told witness he must tell tue
truth; witness had at the time of the aftays
black velvet cap aad dark clothes; MeGfasy h,d on
A cloth cap; witness did not hear OF the death of
swanson uo til the Sunday morning following the as,
tsut; witness did not say, We killed thst man"
the 50 that was killed made the irst blow; the I s
pushing; the other boy then said, Excuse him
iRodgers)- he is drunk after the man made pass
at Rodgers, the latter struck bsck; several blows
passed; Rodgers had no knife; witness had been |
waiter In saloon and worked in cracker bakery; |
Rodgers was 90 drunk he could hardly walk we we're
trying to get him home; we we're dragging him slongi
followed down the avenue by Rodgers.
Clsrkson s. Dunning, being sworn, said live ct
No. 1863 Tenth avenue, on the North River side;
heard the cry of murders witness was at the front part
Of his house and had raised the window his attention
wss attracted in the direction of the cry Of MURDER he
cav a man ard woman, and three young men or boys;
the woman had basket and the man lanterns the |
lantern was not lighted; the three boys had passed
down the avenue opposite the house of witness; they
were the east size of the avenues one appeared TO
be larger thar the other wo the largest was dressed
with dirty looking drab GOAT, DARK pants ana req
shirt: the bows were then about seven or eight steps
from the man and woman the latter were turning INTO
the Tenth avenues at the cry OF murder these were all
parties in the street at the time after the cry witness
Others were passing down the street, witness heard
them say, "'DOn't NEEDLE with the man.; the boys
dressed in dark clothes then passed down the avenue,
and witness ost sight of them; the largest was lew
steps behind the Others witness saw the man tau;
deceased went 90 % feet before the cry OF mnoer
witness did not discover signs Of inoxcahon in the
boys; the taest boy first acted as going up the ave-
rue but witness thinks he soon turned and went down.
On cross- @ Examination witness sa'd-l could dlsnn-
yuish them quite clearly; Immediately after the boys
passed the window Of witness, he heard the cry OF
murder; IL was within minute; witness could see the
motion Of ROdgerss hand and then heard the CRY OF
murder.
David Scott. an apprentice boy, was then sworn
He said he heard the cry of murder he had seen tns
BOYS about ten minutes before it, the largest one hal
dIab coat 3D. a red shirt, black esp and DARK
pants saw Rodgers trying to get something ont OF bis
pocket; ssw about an inch OF the handle OF kniiei
thi, was about or eight minutes before the cry
Of murder; prisoner had hold Of the knfe-handle with
his hand in bis pocket he then took his hand out aud
run after witness this witness is the boy who refused
Rodgers the APPLE.
On Examination witness said this occurred on
the corner Of Twenty second street and Tenth
Rodgers dared witness to come out of store and ran
back and forth latter witness several times; 1t was
gray handled knife; didn't see the blade; saw about
inch of the handle was pretty large handle; ac-
cused talked ss if he was little drunk.
The DistrctAttorney here closed the case for to-
day, and remarked that he should finish for the prose-
cution at early hour tomorrow. The further hear
ing Of the cause was then adjourned to ii o'clock to-
morrow morning.
After the opening of Court this morning, James
Ware placed the bar for trial. indicted for BURGLARY in
n,ed upon premises OF KIRK Connolly, Nos s3 aud aS5
Front street the 3st Of October last The accused
chged with breaking into the aforesaid premises aud stealing
theretom tabs Of lard Of the alleged value Of $i The
fact tina, burglary bad been committed aud lard stolen
Hsss. Of the Fourth Police testified that
MIS- IN