The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-10-03
Young Rodgers Sentenced 70 be Executed
for the Murder OF John Swanston.
SUPREME COURT-GENERAL TER,

SUPREME COURr-GENERAL TERN
Before Judges Davies, Sutherland and Hogcboom.
Ocr 2.rhis being tho last day of the general term
James Rodgers brought up for DEATH on
a conviction for the murder OF John Swanston Tho
court crowded but not nconvenenty SO, for
supposed that the decision Of the Court Of Appeals
had only been served tho District Attorney Friday
immediate steps would be taken to vindca,e Tie
majesty OF the law.
Young Rodgers was brought into court By officer Blu
chanan and, although he did not manifest a suenness
and indifference in his department. stl he did appear
TO realize his awful position.
Mr. Sedgwck the Assistant District Attorney read th,
yV forwarded 10 him by the Judges Of the Court Of
Appealsan abstract OF which appeared in Saturdays
Herald.
Mr. Kellogg the junior counsel for the prisoner said he
wished TO raise objection. This brought
this morning without sufficient either tho prisoner
or himself and therefore he had boon unable TO look at
the papers to see If the proceedings regular and e
gal and OF such nature as would warrant him In keep
lug his seat while the judgment Of the court being
pronounced lilo objected TO the entry Of the order OF the
Court at tina, stage of the proceedings.
Mr. Sedgwick would make answer 10 the objection
II their Ionors TT 10 stay tho proceedings they
al liberty 10 do 60 Tho rcrntte1r was returned TO this
county yesterday morning, and was returned
h. sent for The counsel and informed him verbally Of tho
steps 10 be tab III their Honors thought that any
was necessary for the counsel 10 prepare he had nothing
~
Judge Davies remarked that the had been carried
up 10 the Court &C Appeals and that court had reversed
Couri proceed TO the execution OF this matter
Mr. kellogg said was the prisoner tight to he advised
at what proceedings 10 be- TAKEN and hc<ad notice
Of the intended order served upon him cr his counsel
Judge Davies ordered the prisoner be arrarDed OBJ
serving that he WAS brought into Court corpus
issued IN open Court, requiring him TO be brought IN
cordance with the statute II counsel for the prisoner
bad thing 10 say why the demands OF the statute and
OF the Court should not be proceeded WITH they would
hear him.
Mr. Kellogg said desired on tho part Of my unfor
tunate client to state TO the Court tina, although he has
Ia tle nj tnnrf
Of Appeals yet h. elmsand claims sincerely and honest
~ "olhat lie h placed in his present unfortunate posi-
iion n much By tho force Of circumstances and
"a he u by guilty intent that he harbored hls
soul With these remarks b. submits himself 10 tho
Judgment OF the Court
sSyxScx or
Judge Davies then proceeded TO pass sentence as fol-
lows
James Rodgers YOU we're indicted in the Court or
General SESSIONS ~ the city and county Of New York for
INC murder Of John swsn-ton To that indictment you
pleaded not guilty trial hsd In the Court q Gene.
raj sons before jury &C your country aud that jury
after elaboration and careful examination Of the
nv, found ron guilty u the murder aud felony with which
ycu stood charged. The proceedings upon tho trial
m the Court u General sessions removed 20 this
Court BY counsel This Court upon review OF tho.,
proceedings thought there had been an error COMMITTED
which might by ACCESSIBILITY have done you a wrong.
nov trial was ordered, and from the judgment Of th,s
court an appeal was taken by the District Attorney 10 tho
Court ~ Appeals, ,hs court has reversed the decision of
tins court having, therefore, your original conviction
standing IN l force The highest OF the state has
therefore decided upon your case ari after solemn dcll
b-rston and careful consideration has adiudycd THAI
you were guilty Of tho crime charged against YOU and
mat you have been legally convicted cf that crime No
thing tbcfcorc, remains for this court do but 10 ap
POINT day tw your execution They have appointed Fri
day. The 18th LAY Of November tho day upon
which the sheriff II the city and county o New York
must DO execution upon the judgment q the General
sions.
NJ. NsndcrSoort, the Clerk % the General sessons
read The usual formal death Rodgers tried
and conyl"d ~ the murder ~ Nj anston on the 18Th
~ November, and the Slit ~ the judge
kssen sentenced BIN - rs executed friay. the l5li
ul Jabuary Tho un hope which tho unfartunate yont.
has now held out 10 hun i tho intcrl % The Lscca
i've. While Judge Davies addressing him. be stood
apparently unn"yed and did not al any time exhibit
@gns " rnrton HV Wa taken in charge by the Sheriff
and removed 10 hl eel the Thumbs followed BY largo
crowd.