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

has aimed ihe Collector with power to exact excess
Of DUTY, ard Il necessary to impose penalty On tae
importer The latter, If he intends 10 recover, must
e protest 10 tie eec. that he pays uncer darsss
Tie prper place to send that protest s the Custom
House. end 1t is Lot the property Of the detsndaat
be csr not be expected to piodIce T. IL Is here alleged
that the Government has obtained money from - tn
oiyidus uniswuly; ano if so, and itcsDnot b lsssy
recovered back, cDess the party has deposited pro-
test, know Of rule which preclgdes the Govern
nent from producing the papers. l therefore think
the claimant is entitled to have the papers prodsoce.
The papers not, however, &c 20 out Of the hsode
Of the proper custodian nor Into tho hands OF any
other person.
Mr.. G,iswod said he had copies.
The Judge ssid that would pot do.
messenger wa cent TO the Custor, House for the
papers, and the Court took recess.
After the recess, the Judge said the defendsn must
have reasonable tire 10 get the money from WASH
iDgtcn, and granted stay OF proceedings for thirty
days.
COURT OF GENERAL sEssIoNs-s'ov is-Bsfxs Jsdss
THE TEsTH Avenue mURDER-TRIAL OF JANxs
RODGERS.
James Rodgers, Indicted for tie murder OF ysAn
Swsnsop in Tenth avtnue the night OF the 18Th Of
October last, was then p seed stthe bar for trial The
mparDerg fthe Jury commenced about O'Clock.
ard from the publicity the case had obtained Il Wa
quite 2oclo,k before the Jury was complete. Fdsso
jurors wers esice having formed opinions or re-
ceived marked impressions connected with toe cssss
snd three set aside on Psremptory Oh a!ienses
At last satisfactory Jury was obtained. consisting OF
the following persons:
HeS S aasS Ssh aud blind West rA,ty dfA street.
JOSEPH % r Isxs .i s's No. is ISGs svsua.
Bsrty osaen ill., merchant No II West EIsverth street.
Wa M.nh. s,Sssis,. No 2se Broadway
Abrshsn Hard, toud.s No 20 Ia. lss'eensA"'
hsa1y Vas M1ss h.lds No g s:s:y street
c. manufacturer no. AI0 S0uclk-e6
Ait.r the pannepg of the Jury, Mr. District A'tcr-
ney Hall eled The case ior the prosecution Ia bhs
,tsts ment TO tie Jery. The PIsoIer took his ssH
Kellogg. He is quite youthful, looking apparently
sev.nten or eighteen years Ct ese, with ooucie-
psIce 10. particularly expressive OF ferocty: HE
dress appeared con fcrteb.e having on, Decides, .
fancy .bh, marked ~ih red stripes. And throughout
THE proceedings thus far 20 the scournnen' tb at or.
rcop be lsts to the evidence win very naked
l. atiors Of concern for tire dnsi resu'..
Dir. Hall observed thst this ives one Of those cases
to the Taxed statement Of which DO ella ,ors ts
rhetoric could impart additional force, aud ho there
fore would Lot oetaln the Jury 10 his opening With
either argument or extended comment. IL c0oeis'ed
eIe.y ct feG bcld prominent, commanding AotSs
srd with the ectal Of ibose fact. be would cJmeocs
TIE evidence for the people. On the hight OF tbs 18Th
Ct October the deceased with bic wife was passing
Into tho TeIlt avenue on bis way home 10 T@enty.
seventh street they having been out TO DO SO Oh p
ping. 90 reaching the Tenth avenue they meet toe
accused with two others passing Gown tue agenus.
One Of the three oses against tee wife OF Mr. Svsa-
eop in passDg when the accused remarked ~ tue do
cesseo AID biz vile, "WLst ave you taikIg sboati"
To which the deceased replied "Whst u that to
youl" moment iLhrveLes, when the socuied
kDif.s MI. Swanson, and then runs up Tenth avenue
I he deceased IN ncme.t after ci.es MURDER, ae1
expires slrnost the epOt where be vas STABBED.
The accused runs up the avenue 10 few days s ar
rested in New Jersey, and here to-day presented to
be tiled for nrrcer. This is the case.
The first wiIt 20 for the prosecution was DE- Eben
Hssse who made the poet nolteI sxsui1ston Of the
Ceceesed DR.. Iia eel sa!d-I ON . physicisn. sod
live at No. II West TtiryFeventh street, corner OF
Sinh avenue; made q post mortsm eKsdEps'ion Of
Cece sseo do not know bm before; the eIamn stioa
was on SuLcayi TIE deceased hsd gu inci-ed peas-
Ia'ire woupd at tae junction OF the mn no WIZ ns
brt bone the direction u the wound was up ~ara
aro inward end backward with little nolnsti0a 70
the left the depth Of the wound was ct least tsee
/, ches and mDst have been inflicted with asharp, par
re W i1sfrunebt; n width the wound wss about hve
tiebtLs of al ircb; witLess bad DO doubt whstessx
that the wound spoken ot caused the dean d me-
Ssasp; the large artery Of the heart vas psneuaeo
the psIson who struck he blow probably stooo on We
rigtt tide Of deceaseo; il tie cpiLioa CT wtntU
he. the would il hictsd with an Ordinary onk o.
Dagger; 10 made tie p0e.-uortern about eighteen
houis after the doeth Of Dir. Swanson
Margaret S1sDscD, the wife IL the uusoitruste &c.
e.s,. d. IVES :hen called upon to testify. She sSppsd
% 10 the wi,.ess att.d 10 deep fnourtiog sne
.loyed bke in her look, toDe az aaDoer NE 'ncicer
.iops C nc conn giiE She ssid sae was me we
Cf John SEsIioni on the night 10 Question sue sns
g. hustsL1 veie pa sirg esIg f~enty hrst sueeI ~
ward the TeDih enue; ehe wac on me f6nt see VI
er husband ana rad bssket 10 her land; net nus
sLd tac lantern IN bis hand, they did not " SIX em
il arrD, hut witness was patty ieeninR against DOR
lustaao e. tbsJ were wakiog willie passhg along
the, beaid load taking. II coming ffoh some BOYS
10 tie vicinity, wEo seemed t. De quarrerDg "ness
aDc ber husband we're their way tofae IL fehy-
ever IA street te.geen Terih snd EsveLth sssnues;
they were just entering the Teuh avenue non -. -
y int street when hey encountered cree ~
oprg men mig down tse avenue % sr,,g -
ass they eioveG az einit the wii0ess, p1seSs ~.
o,iu.t be Lusbsnd; they then pasrec oows 'an
rsie. The boy who struck the blow asksd -
| 8. what are ,ou taking sbo2fT one OF 'no osa'.
uonno mr. then taio {" Tsey are no taikios 70 yoa,
;Ss 20 other ,oung men caught hcio OF we po.,
ard ty;ed - bod bm, gu: be tpfsDs stisse' ~ ~
60 oYesn and struck her hrsbsnc ne VIZ Ian w
- rn Re ayepue; he made the blow u 'ns pesS
81 Ln. hand witness sDd Ter husDsbo hea s's ous
en-. tom the cab stone IN the scs Q. cfossag
o. 49,, Ne out Ct Twenty fiat street, wken the desdiy
sss,u,. gss msse; TIE ons VITO ttuck saio nolcios
ire irstaLt Of striking the ceceased, 10 moSens
sstsrI CRED "Im murdered" witness LED never seen
hos vet 2 men before; she ives 1t the eide o. ter
busbsnc WIEN be ssli be had the lantern ST.. 10 nn
| hspc.
usss ss:i scs .aoasbt they pushed sg.s<t her mes
sos,l,y, ttey ve.s waking three abreast co~n ire
aysLus; they vcfe taking lew sIc sppAfcnuy N -
erc.s ,ro.likipg spri ate. pu-arg BY ~tnss, w
boys pssssS b. down the sserue osfosss -.
,t5 stspe; they hsd just pssset, when tse 81.
cay tsck o. struck tie tiow; he tbeb we.s ~ 49,,
s7sI us; lsr Latt sac stty,nlteG TO tol9s - -
| ta.ce s.i1 haioi,g the istxrr II he ase. =
l III a., f,,.xr- "a mt buyuia8 pit0sss esW -