The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-14

COURT OF GENERAL SESSIONS.
Before Judge Russell
Nov. l3-When the Court opened'this morning the
trial James Rodgers charged with the murder of John
Hwansen the 18th Of October resumed The court
and the leading crowded, and the
interest in the increased as ii progressed
Stephen MoGivncy was called and examined by the
District Attorney. He testified follows-I will be 10
years old at Christmas have known Rodgers, the pr
eleven months in his company the night OF the
homicide met him at Tenth and Sixteenth street
On O'Clock he asked would go and the fire.
mems parade. when were going We met Cunningham
IN Seventeenth street, intended meet the parade in
FUurteenth street, did not 60 but went up town. on
The corner Of Twenty second street We met BOY VINO
eating apple, and when be would not ave Rodgers
a he kicked him met Swanon and his wiie On
OF Twenty first street and Tenth avenue when
gers showed up against her the man turned round and
asked him what nc did that for told the man 70 ex
suse him, tina, he drunk and did not mean 10 do
N; tod the other boy 10 help me take him away;
Rodgers he would not be for he wanted
10 fight we let 90 Of his arm could not hold him.
he up TO the man, they began 70 scold each
ether about ten feet from them; saw the man
make crack Rodgers, but did hit him Rodgers
III made crack vi him and hit him IN the breast; the
nah returned the blow which was followed ny another
from Rodgers about second after the man put his hand
O. his breast and CRIED MURDER tho other boy and me
stood st and the deceased run after Rodgers walked
TO Nineteenth street aud Ninth avennc did not see
Rodgers TIL the Sunday night after when saw him at his
house III Twelfth street, about So O'Clock did not
him when FIRST went to his house, but him about
hour after in his bedroom remained with him fifteen
minutes did Rodgers have anything IN his hand
on the night of the murder about elapsed
between the Rodgers bumped against the woman Ii II
I heard the cry of murder Rodgers had on a drab
and red shirt but cannot say what color his pants
were
Croes-examined by Mr.. Andrews drank twice that
night; Rodgers drunk and Cunningham and were
helping bun along; he staggered little, but not much
Rodgers said to "here comes bad woman with this
man replied Il guess not We were talking loud as We
approached them; but Rodgers kept hol owing all the
time the blows given by Swanstoa and Rodgers in the
Aghi given IN rapid succession; there was not
minute between each blow when Cunningham and saw
the coming to US we let Rodgers GO for he said he
night; they had hard words previous TO the
striking Of blows was not nearer than ten feet L, them
! did Rodgers have a knife; Cunningham mad a
dificuty with woman IN Twenty fifth street ON the
night OF The murder but did not knife; not
arrested for gave myself up few days after the homi
eide did not say 10 any person that would all get
hauled up for beating the man. person told me 10 give
my testimony in relation 10 the occurrence
VIM IL. Leierts the next witness He said that
he was attached the detective corps went New
Brunswick n j. after Rodgers; think returned to the
CITY with him on Thursday; asked Rodgers If be
wiling TO so back 10 New York without requstion from
the Governor, when he compiled with my request;
asked him how he 20 commit such crime, he being
Counsel for the defence objected the reception of any
stat ments made by Rodgers 10 the officer.
The objection WAS oyerruled.
Witness resumed--He told me that voluntarily in Mid
dlesex county Jail; be stated that he drunk; /
then asked him what the crime committed with be
told me with common pocket knife, asked HIM where
that knife was; he said that OF the boys TO his
house Sunday morning and told HIM that the man
dead and that he had better leave the cy IN starting
that 60 away he said he threw the knife away
Twelfth street he said he not in the habit OF get
ting drunk and the young men who with him on
that night induced him TO drink.
Cross examined by Mr.. Kellogg found Rodgers in
hlddlesex county jail understood from the officer that
he came from Woodbridge
The IStrict Attorney informed the Court that the prose
cuton would rest their case.
THE CASE FOR THE DEFENCE
Mr. KELLOGG, the junior counsel for the accused then
the accused in company with the other boys
ihc night Of the murder bu, he would show that
more likely that they committed the decd than the
prisoner.
Catherine Rodgers the first witness and
Anned oy Mt keloeg Sie ss1.-i am sls'yr on .he
prisoner has lived Woodbridge with sister he worked
with Mr. Hubert in adactory do not know when he re.
tnrned 10 New York saw him 10 Woodbridge on the 4h
Of july
Bridget Rodgers depcsed that she the mother Of
shc prisoner saturday night, oct Is, Jimmy returned
intoxicated my little girl aud my-elf unlressed him aud
put him bed he In a sad condition; he went out
N. follow ng morning lus fes moments and returned;
Mckinney came and told him about the murder, after
which nc left and did him again; he utoxi-
Gated only before, but then able TO 20 TO bed
h. came from Woodbridge sick with the dumb ague; he
had nc white handled pocket knife: he quiet and
pcaccabe the two months he remained al home;
ne out ~ work most OF tue time.
The District Attorney declined to cross examine Ms
Rodgers.
Bricgei Podgcrs also wel dressed and respectable
looking young woman, said-1 am the sister Of james
Hcger~ do not know when h. came from Woodbridge,
home weeks before the night q the murder,
ard the prisoner every night my mother and I'M
dressed 10 Del on the s1turI1N nignt IN
question he returned about O'Clock during the two
weeks ust home saw him have a small pocket
knife, which had two small blades think that the knife
now shown 20 docs look luxe never saw him
before that night; McGvney IN the habit
q coming 70 zee my hfcthef
gae Young woman wept bitterly she approached
chr stand
Mary Branniran said she knew Daniel Cunningham, but
Az not tpow Ra-igers; don't know Mckinney, saw Gun.
naghan on the night oi tho murder the corner of
Twenty sixth and Tenth avenno there quite
Number of fellows with him he was tanning stll: nv
kugh ats.t.a ~ .bp
him from going further three young separated from
the others and followed when got 10 Twenty NTH
street Cunningham caught hold Of my husband and put
his hand hs pocket. told my husband IN look out,
when Cunningham struck me blow in the face, which
f- ton day afterwards; Cunningham then took
something that looked Ike knife or revolver u
gabred when ia the gss light, called watch"
"mardeF /" have known Cunningham for four years he
"a regular loaicr, ana u IN the habit of boating ME
mother
RotFerp or Nctvney. Twenty sixth street the
urht Of the murder about 10 o'clock Cunningham In
srtod me, anc when my wife arrived the three young
followed Cunningham put his hand ~ my pocket
aud Immediately after my wife cried watch" and 'mnr
der" Cunningham struck my wife ana nearly knocked
Der down; she SICK for ten days afterwards;
Or tho boys said 10 him tina, Il was a shame
fcr him 10 strike woman have known
Cunningham for some time and therefore surprised
Cross oxaminedI DO not know the Of the other
1870 bcys Cunningham never saucy ~ before that
evening; have known him Tor the last four years
Cnoer james Tcomsy examine.i-l know the three
boys and have frequently drove thom Oh the conner Of
~Nfsentn kfFcet anO
me frsquety % McGvney; the boys make practice OF
hanging round the corners AZ night
eru~s examined-They are what would call corpet
vcvdies bad boys " have A. associates.
Counsel said that be would call witnesses n prove the
good character OF the prisoner but subsequently declined
N 90
The Court took recess Of half hour. after which
Mr. Andrews proceeded 10 aress the jury in behalf Of
Rogers
In commencing his observations be said that ne felt
1scpiy the embarrassing position which he occupied on
thai occasion be oal'ai ino without moments
--sfre the iunur counsel for the accused having been
.~si1-Hnied Wy Distinguished memher ~ The ba
Va aroused fsa surrounded by wealth or command
W <~Fton but on The contrary the prisoner was an
Wcfe mcfrtet q; society he not accompanied by
arg circle ~ friends IN recent tried IN
sd en"f state TIE prisoners life w the hands
Of o l1iyt and u Was 10 he determined upon the
Law ssd TIE iscts lie agreed with the distinguished
Judg vh1 vcufcd The bench. and with nj good cti
yens, ~w the that the laws should BE- serBy vint
Gated all be uhe epeakcr) cared not how starny 10
that tn ends 81 justice were attained On the night Of