New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-11-14


diCut zee Rotgeis sgsio .li III S1r6sy n2h, tH,~-
irr q. TIE hCufe Of Rodgfrs's ro'hs- in Tselhh
s.reSt itwsss about hsf pat Ugh: when wtress me
10 tie house OF Rodgers On Sunday evening; witce.s
dld rot see prisoner VIXEN be frst came 70 liz houe
saw hin about an hour sfer. saw hin Ia sae bed
fos m: p!ifoIsr was sitting 90 the bed witness WAS
With The accused ct itis time about f.teea minutes
,isnt zee hun sierwaId saw noting 10 prieouars
lard OF the night 0! the sftay ffon tie time OF pasb
rr srs:nst the woman til the CRY Of murder" sbout
Gnt,p minutes elapsed prisoner WAS dressed on the
r;ptt OF tie sssault with drsb coz. and red shirt
wires wa. dressed In daIk clothes, With Lilac abr,
ever Ied stirt
drank but twice tbs. night when coming o.n to
Twerty first street be heioipg Jimmy along; the
prisoner was stsggerirg q little, not much pIisonsr
ssis 10 witness. Here comes pooter ib.d wonsnl,
referring 70 alr. and MIS- swanson approaching the
Tenth avenue; witness replied he gue.sed not; the
accrsed vas bslioing while coming down the street
dining The fte@n inuses before referred 20 10 Goa.
nectiou with the siay, blows were struck soa quarrel
Ing was goI or about one-hal minute elapsed after
the first pushing By the accused before the blows
neuced; AFTER the pushing tie man followed up within
few feet Of ire three boys; then blows commenced;
Wines had no knife; Cunningham had quarrel with
a drur ken man and womsn that night aud struck the
vcuar; cav no knife on Cunningham; witness WAS
NOT arrested, but gave himself up; it vas Thursday
light be ves in Thirtieth street; has had CONVEX
ssfion With aIy one shout giving his Testimony.
William II. Leferts, Of tee Detective Police Corps,
being sworn, sad-He arrested the prisoner; went to
New Brunswick sfter him and brought HIN to this
city; brought him 10 this city the Friday following
the MURDER prisoi made voluntary cJnftssio to
The witt the way to the city witness hst asked
Rodgers If be was willing to 90 to the city without
r.quf ton from the Governor; prisoner said he would;
then witness asked Rodgers hov be- boy co young,
tuld commit that crime; the officer made no thre at;
this conversation took place 10 the MID 1les-1 an,
New-Jerey, whore the prisorer vac coutned; oihcer
bad 10 process prisoner told the officer be Vas draok
he trra ia vrifn "a
the crime was committed with Rodgers replied, with
a common pocket knife; witness asked where the
knife vas; the accused replied, on Sunday morning
Of The three boys came 70 him and told him the
men was dead and he had better leave the city, when
tie accused in starting TO leave, have the knife away
Twelfth street; prisoner lives in Twelfth street; he
told witness he was not in the habit OF getting drunk;
that the other youDg men induced hin TO get drank
n was about all the conversation; the accused ~as
DIRE SEQ In New Jersey about the same a. be was nov
10 Court,
On croee-e1amira alton, the officer sAid he found the
prisoner in Middesex County jail, an he understood
from the officer Of the jail be brought there from
Woodbridge, New Jersey.
The District. Attorney here closed the for the
people, when Mr.. Kellogg briefly oPepsd the case tor
lie defense 10 the Jury ssyirg they would simply a.
tempt TO show the Jury some facts which would tend
TO soften down of the hssher features OF the csee
presented by the prosecution
The first witness called for the defense was Catha,
tine Rodgers sister Of the prisoner. She sad she I'D
Jersey, with her sister and brotherin her brother
iv.lsw works in factory. She said cue had LETT
Woodbridge week ego lsst Wednesday for this city;
her brotherin-law, Mr. Hooper, is prostrste vita
sickness at bone or be would have come too; aud,
sside from the statement of the witness that she lad
." FEVER heard any complaints but that her brother
was good boy" her testimony had nothing mate
Iisl in it
The next witness was Bridget Rogers, mother OF the
priscper She testified to being the pri oners mother
and hat they all up when tn accused csme hone
ON the night Of the murder; the accused was very
much Il tOxosted; they had 10 help him to bed he
was not able to take biz clothes Off when the prisoner
in the house be fell down in the morning prs-
oner went out; he WA gone about ten minutes Sun
day night he went away and witness dia not see
him till be was arrested; she never saT jimmy drunk
but cree before; be had been at home 8bou. two
moLihs Immediately before the assault be came no ne
fom obridge, sick with the dumb sgue; never saw
any weapon on bis person larger tban smsil POCKET
knew the prisoner to carry Dangerous weapon, Ike
dirk or slarg.shot anything CT the kind; when well
the accused was cut at work all the time.
Mr.. Hall decliued TO exsuiIe this witness. as
he cid also the sister Of the accused immediately b.
iCfe her.
BiioCet Rodgen another sister Of the accused was
then sworn. She said tie prisoner came home about
two weeks before the atfrsyi he WAS at home during
that time every night; ne was at woik IN shop be
came home on the night Of the murder about II
O'Clock; he was very drunk; be Couldn't walk Wit
ess and her mother sped min to bed; tae prisoner
LEFT the house in the morning; witness never saw hm
cary knife: be had small pocket knite with Two
email blades in it, il had a common pearl haaoie
witness rover saw prisorer drunk till that night
Mcbsfy csme to their he to see It &C ,sed
Mary BraDbgan was then sworn. She GA not Know
RCtg.rs; ste knew Cunningham; she had aeyer .een
AcCibrey before she saw Cunningham on t6e night
Of the muder on the corner OF Twenty sixth street
and Tenth avenue; there were q number around HIM
be Was at fret standing STILL but ssterward toloT wed
the witness ard her husband to Twenty fifth street.
then there were three together; Cunningham put his
arm around HE neck of her husband and his other
tsnd 10 hs pocket witness Gale cut to her husband
then CUDLiI am came over and struck Der; she SAY
Cunningham pull some thing out OF bic pocket Ike
Knife or revolver il had white handle; witness taen
cried out, Watch p and "MurderP' sDd then Cue.
Iir. ham and tie ether boys run to the North River
side; che Las kIoen Cunningham for the last four
years; che has Known bin to loaf The streets ard
10 loS his mother she had always heard that he was
q bsc boy.
John Brshriean, the husband Of the foregoing Wit
ress, be1g suCrn, corbmsd tho main portion of her
tes'imoIy.
OficefJamss Toumy, being swSn, testified in sub.
,'eree, in reference to the boys, CUNNINGHAM and
MoGilrey, that they were what might be called cor
ner rowdies," ard that many complaints had been
II ede about them, particularly about Cunningham;
witness had driven them from oungng about the cor
nsrs Of the streets Iepe ateoiy.
eie counsel for the DIT Tense rested their case though
they observed that they had expected 9th Witnesses
who had been Io,hed 70 appear, but hsd not yet ar
rived.
The Court remarked, it being l2' O'Clock, they
would fske for half an hour aud perhaps OF
that time the desired Witnesses would arrive; where
.pt u the Aforesaid recess was taken.
Al O'Clock the Court reassembled. when Dir. Az
dIews ccmmercsd addressing the jury in beh at OF the
piis He spoke for full hour, ducussrg tae law
applicable TO the sGd reviewing the evidence.
His speech consisted of two leading ideas or divisions
Flint, the counsel argued upon the strong probability
that ore the other 6oys had Inflicted the "a al bow
ard Il el be proceeded to argue if the prisoner did
III the blow i could not fum the facts 10 the case,
cpvic the accused Of murder but the verde. should