The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-22

SUNDAY MORNING,
The Judge, in dischaTgng them, said-Gentlemen for
your attention to the public business you the thanks
Of the Court and are discharged from further attendance
The Grand Jury then retired, and the regular business
was commenced.
Counsel for John B. Holiness who was convicted Of
forgery the first degree was about making motion for
the postponement Of his sentence when suggested
that ne should reserve until later hour, in order that
Rodgers might be disposed Of first.
SENTENCE OF JAMES RODGERS FOR MURDER.
The Assistant District Attorney amid profound 81
ence, and saidn the absence Of Mr. Hail. the District
Attorney move for the judgment Of the Court
dict OF guilty pronounced against James Rodgers the
murder of John Swanston.
So intense the excitement exhibited by the multi
tude at this moment that IL was with great effort the
s10cers could obtain silence When Mr. Byrsdau wasin
structed by the Clerk to arragn the prisoner all eye
turned to the dock TO catch glimpse the unforu
nate youth, who will soon be offered up victim to violat
ed law. He was promptly placed at the bar, and his
countenance was closely scrutnized by every individual
Rodgers was clad in the apparel which he wore during
his trial, and looked much better than his comrades,
.cGbnsy and it will be
convict clean shirt while his associates lacked
that necessary adjunct TO cleanliness Rodgers appear
ance did not betray great mental suffering and the casual
observer of his countenance would fail TO perceive any
change from kind OF inanmate, nsensble expression
intense emotion BETTING the soemnity of his position
view Of the awful doom which awaited him, and which
the minister OF the law was about TO pronounce. Not
withstanding this, he realized degree his situation
The Clerk addressed him in these wordsamcs Rodgers
You may remember that you have heretofore been in
dced for certain murder and felony by you done and
committed Upon that indictment you arraigned
upon your arragnment you pleaded not guilty and put
found you guilty What have you now to say why judg-
ment of death should not be pronounced against you
cording to law2
popcrpo, prulpuS
Rodgers hung down his head demurey, and breath
less silence pervaded the room to hear what the
which he will have to expate by his life He said
q don't believe done il. don't know whether did it
or not, for was drunk
ADDRESS JUDGE RUSSELL THE PRISONER
James Rodgers, you were indicted for the murder of
John Swanston, to which, on your arragnment YOU
pleaded not guilty. You were defended by eminent and
able counsel who did everything for you that could be
possibly effected but the evidence positive
clear as not to admit Of doubt of your guilt and the
therefore, forfeited your life to the violated laws Of your
country and the most painful part of my duty pro-
nounce that sentence which the law has ordained for
crime of this magnitude. The sentence of the Court Is
that be taken TO the place from whence you
OF January be hanged by the neck till you dead
And may God have mercy on your soul Amenl
The voice of the learned Judge tremulous with the
emotions which must have filed his breast in sentencing
a fellow being TO death, no doubt remembering the
aolemnity Of the coming day when we shall all be ar
ragned before the Great Judge of which those proceed
The Clerk then handed the death warrant to his Honor
who, after appendng to it his signature placed in the
hands OF the Sheriff. for execution, Of which this Is a
copy
WARRANT OF EXECUTION
The People Of the State of Neo FORK TO the Sheriff Of
the Cty and Couny Of Ne,o York greeng:-Whereas, at
court Of General Sessions of the Peace held and for
said city on Friday the thirteenth day of November in
te year OF our Lord one thousand eight hundred and
Oty seven, James Rodgers was in due form OF law
victed Of the murder Of John Swanston.
And whereas Saturday, the twentyfrst day of No
yember in the year aforesaid at the said Court Of General
county, at the City Hall Of the said city, judgment was
given In the said that the said Rodgers for
the said murder and felony be hanged by the neck until
And whereas, on the said last mentioned day. the said
James Rodgers was sentenced TO be taken to the city prison
OF the city Of New York from whence no came, and on
Friday, the fifteenth day of January next ensuing be
hanged by the neck until he be dead
Now therefore, you, the said Sheriff. required and
by these presents strictly commanded execution
to be done the said James Rodgers according law
point Friday, the fifteenth day OF January next the day
on which the said sentence shall be executed.
In witness whereof l. Abraham D. Russell, City Judge
OF the city OF New York. Justice OF the said Court and
who constitute the said Court and the presiding Judge
thereof have hercpno subscribed my name this twenty
~ < D, RUSSELL, City Judge
Atest-HESRy vANpzRwooRr, Clerk.
While sentence being pronounced, Rodgers did not
manifest his feelings vocay, but his heart 10
beat with intensity, and he heard TO sigh audiby
officer Byrsdall conveyed him TO the Tombs, followed by
q large crowd. Neither the aged mother the two
were attendance Judging from the intensity Of their
anguish Mt the rendition Of the verdict the would
have been too much for them to have witnessed and
highly probable they prevented from attending by
prudent advisers that his younger sister realizes
the position in which her brother has placed himself by
needing the advice of hardened companions i'm
bbing the maddenng bowl which the worlds great bard
has very properly denominated devil !" than any
other member OF the family for she has visited him fire.
hqr
uncomfortable.
SENTENCE OF JOHN h. HOLMES FOR FORGERY.
Jonas b. Philips counsel for John D. Holmes said that
hc had prepared bill OF exceptions but much
occupied In other matters since tho conviction Of his
client that he had time serve upon the District
Attorney until this morning., and he anxious 70 have
the benefit OF those exceptions He asked his Houor
defer sentencing him til the first day Of the term
order TO afford him opportunity Of settling the bill.
The Assistant District Attorney remarked that
tho merits Of the motion rosted upon the fact
whether not in his Honor's opinion the bill OF
exceptions could contain anything from which by
any Possibility advantage might arise 10 the
defendant There were no such exceptions taken
therefore benefit could the defendant by
psponng the matter for no Judge Of the Supreme Court
under the circumstances would grant stay Of proceed
mgs He respectfully urged that the duty Of the prose-
cuon twards the public was 70 insist the pronouncng
Mr. Phillips in reply said that he did not suppose his
Honor would grant The motion, but there ques
Of law involved, which should receive the solemn
aiudicaton Of higher Court Another he offered
for the postponement of Mr. Holmes sentence that
Mr. Clinton had only been associatcdswth him that
ing examine the questions of law IN the Counsel
affirmed that injustice could be done 20 tho public In
granting his motion, for the defendant was in close
custody.
Mr. Clinton addressed the Court at considerable length
IN support Of the motion TO postpone sentence, stating
that he desired N have the matter passed upon by
appellate Court The decision in the case OF Thompson
who bad actually undergone aycars incarceration was
illustration OF the principle for which he conendcd
but who granted trial by the higher Court Mr.
G. stated that the Of Huntington another striking
exemplhcation Of his views Of the law and ~
of his position and Huntngons counsel go at any
ment obtain trial.
Judge Russell sad-The only exception tasen on the
trial the construction o statute. If 10 my mind
there doubt 10 the construction which gave to
would defer the sentence, but the rs plain that
could not consistently with my duty, consent 10 defer
this matter This being the last day Of the term, and
probable that shall not be on tho bench TIL January