The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-13

Trial Of james Rodgers for the Alleged HonAi-
eide or John SWANSON.


Before Judge Russell
Nov. 12-At the opening Of the court this morning .
respectable looking youth tried charge Of bur
glary in the third degree. alleged that he, IN
company with number OF persons, broke into the pro-
vision store OF Conoly Kirk 23S Front street, on the
3lst Of October The prosecution falling to identity tub
OF lard which was possession Of the accused the
jury convicted him Of petit larceny. he was rcanded
TIL Saturday for sentence.
shortly before O'Clock the District Attorney said nc
was ready to proceed in the case OF james Rodgers
charged with the murder Of John Swanston, in Tenth
avenue on Saturday night thu 18th Of October. The 90
cused who is youth about years Of age, placed
at the bar and the process Of ompanneng jury was
commenced. Rodgers looked much better than he did
when arraigned although his appearance u not very
progressing He will be defended by Messrs Andrews
and KeIog.
number of jurors who had either formed expressed
opinion upon the guilt OF the prisoner
frcm the accounts published in the newspapers set
aside and the following gentlemen selected 70 try
the Indictment
Robert H. Drake halter, Q Bowery.
Henry Aught, sash blind maker 152 West 35th st.
VIM. 7. Finkney, Jr., cutlery, 40 Beekman street
Joseph Lewis, boot and shoe maker los Third ave.
Henry Ogden, Jr.. merchant, 10 West llth street
Robert j. Brown, Jr., gentleman, 200 Fourth street.
Vim. B. Mann, druggist, 2sS broadway
Abraham j. Hardenburgh builder, 10 East 18th street
Hiram wisner, ship joiner, 52s Fourth street
Henry s. Van Wnkie hardware, 10 Barclay street
Amasa Spring, commission merchant, Washington mar
VIM. C. Barnes, iron ware manufacturer 173 Suffolk st.
The District Attorney, in opening the case, observed
that the case which the jury were empaneed TO pass
upon required rhetoric but simply plain statement Of
the facts which the prosecution expected 70 prove. Mr.
Swanston and his wife, the night Of the murder
walking along the highway perhaps planning their happy
future when instant almost the wing OF the angel of
words a drawn knife a blow, DEATH That, said Mr.
Hall is the history of this John SWANSON, who
was the victim, a very industrious gentleman, he
having been engaged in factory On Saturday evening,
his wife going from Ninth the Tenth avenue, upon
the upper side Of the way he turned corner and en-
counered three boys, among whom was the prisoner
SWANSON, and another asked Mr.. Swanston, who
conyersng with his wife, What are you
talking abouup Mr. SWANSON turned as if TO say some
thing 10 the boy, when he made spring at him (Swan
ston) while the other two boys, who were witnesses,
to restrain him; but he broke from them intent
upon the purpose of his mischief He had knife IN his
hand he struck Mr.. SWANSON, and then ran up Tenth
avenue, towards Twenty second street, changing his
course Mr. Swanston with the instinct of self preserva
ton, suddenly assalled cried out murder, ran lew
steps and fell dead The boy not heard OF for seve
raj days but subsequently arrested in New Jersey
and brought back this city in the custody OF an officer
and to day he put upon his trial for the murder OF
human being This state OF facts did not call for any IL
ustraton argument There could be no question but
the prisoner the boy who inflicted the blow and also
the murdered died in consequence of the wound
inflicted by tie accused The only question that would
arise during the trial Of those legal points which
in all cases q hogde sroee on given state of facts
The nsirs ssc-Ttys opening address was listened to
with marked Nv the crowded audience, who had
assembled ~SA Ire progress OF the trial of Rodgers,
who Z ca1y1cac@ ~ have TO expate his crime by an
grcr- l-sgzs oAGi1-
thr EsSs<E xas TIE e-ss witness called and examined
~ tie -s.-5ts A.c-rey. he said-l physician in
this city ~ oe Il West thirty seventh street corner
q SIKH 4yerue called upon 10 make post mortem
exam,ratcn Of the body Of John SWANSON; was on
Sunday; recolect the date; found incised Pc
netratng wound upon the BODY was upon the junction
of the fifth rib with the breast bone the direction Of the
wound upwards as 10 get behind the centre OF he
breast bone IL was about three inches in depth should
say a sharp instrument with narrow blade of about
three, four five inches used 10 give the stab; at
least three inches entered the body the width OF the in
strument fveeighths cf inch; the wound which
have described caused the death Of the deceased the
artery Of the heart was penetrated Q That wound 70
your opinion the Of the death Of the deceasedf
A. Undoubtedly.
CToss-examined by Mr. Andrcws-The wound was three
inches in depth there were no other wounds upon the
body; should Judge the deceased was an ordinary sized
man; had never him BEFORE the wound was in
wards, upwards and backwards, nclining to the lcft
@ y. s s6y s Se r sss sds Of w he
deceased, sspposine that the blow was given by
the right hand; the stab was made by sharp
instrument; the appearance Of the wound Indicated
that was made by ordinary blade OF dirk, made
the post morem examination eighteen hours after the
horcde made the examination At the house OF the de-
cea,cd al the request Of Coroner Hills.
Margaret wanston the widow or the deceased was the
next witness. she was clad IN deep mourning, ana her
She ccposcd ihus:-Ay husbands name was John swan
ston Twas with him saturday, 18th October, mar
ketng coming Twenty nrst street from the Ninth
avenue towards Tenth avenue, met the young men;
We were on the left hand side was leaning against him;
had basket and be carried a lantern we heard some
quareing; when We first heard them we were not Tar
from The corner turned the corner, was next me
Young mtn and my husband towards the curb; the
men were about crossing the when met them;
we're way home 10 Twenty seventh street, be-
Tenth and Eleventh avenues they shoudHed 20
and Knocked against my husband tbs ore who suisse
quenty 81 uek me blow asked ne WHAT we talking
about when my husband asked, "what Is that TO your
one b the other young said 70 the person who struck
the blow, "rhey not talking 70 YOU they turned and
came back when the that struck the blow caught
hold by the others he sprang from Them struck tue
blow and ran stash, sross my nusoshu we .ns
with his hand and then ran after my husband got
the blow be after him to the lamp st aud said 30,
murdt red " had never seen any Of those men be-
fore: the lantern at his side when he fell.
Gross exan,ned-1he boys we're very much excited
when they passed me and my husband; he did not say
that The boy Who knocked against a rowdy; the
boys ght have gone steps before they eturned the
three young men met Us face 70 lace one o. whom sahg
TOWARDS my husband, but was held back by the other
two when he released HIMSELF struck the blow and ran
up the street the evening Of the occurrence N1 rather
dark could not recognise the faces OF any oil the young
men so az 10 identify them afterwards.
Re-direci-The person who struck the blow had on a
dirty orab coat think said at the inquest that he wore
dark Clothes and wish 10 correct that statement; the
other young had dark clothes was go much er
then that did no, state the facts correctly but
remark TO persons my house on the night OF
the murder that the person who struck the blow wore
drab coat.
Robert examined by the District Attorney, said he
lived IN Tenth avenue, doors from Twenty rst street
heard cry of murder the night IN question when
was undressing raised up the window and saw two
young the lower side OF Twenty first street,
they running towards Tenth avenue the single man
was about wp steps from the others; be was the
largest Of the three and him FIRST, he had drab
and Ct the rest had glazed the deceased
bad fallen before saw him Immediately after beard the
cy ~ murder pot my coat went across the street and
found that be dead il about 1--WE minutes after
heard the cry that arrived at the sidewalk where the de-
ceased Was lying lot sight Of the when they got 10
the lamp poet but think the last ny Twenty hrst
street
Tho cross examination Of this witness did not alter his
direct testimony.
Daniel Cunningham deposed as foows-In October ]
lived Tenth avenue between sixteenth and Seventeenth
streets know Rodgers the prisoner had been acquainted
with him about weeks before the murder on Satur
DAY L.gLL Eodgors ln COMPANY with McL.yeny 10