New-York daily tribune., 1858-10-04
kE-StNIENCE Os JANPS RODGERS FOR THE
MlkDEk OE IOlN sWANSrnN

. SUPREME CorRT Gx~ve,L TyRn-ocr gR,s,,
judges DAVIS, Hocrsoo'r NeKiR,N and svrHrs ~ ssp
vi, The Assisipnt District Attorney came
lntV 'ruit ms forenoon aif presented the s1, gs
rom The Court Of Appeals in the case of RoIo,n.
who Na' convicted of murdcg IN the General Se..ioos
fni moved for writ OF hebets c,r,,,s -,
the Sheiff to bring Rodgers before The Conrt
The Sheriff soon after brought young Rol,cr> il,
ana made return to toe writ of habeas corpus thai h..
then had before the Supreme Cont the bsiy OF IA.
within named Jaues Rodgers.
Mr. Sedgr'ck-0u the gcYltfifRr which yonr Hon
ors have before you the Dsirict-Aticrn,y in obei
onoS to ihe ststuto asks Tor order hat the udgncn
Of the CCirt OF Appeals in iLs case h made the iui
in'it "i oc supreme tUurt, and further order tina
the Sheriff cause execution of the sentence 81 death 10
be done. he then read the orier which be had pre-
pared.
Mr. Kellogg, counsel for Rodgers said: suppose
proper for ne nog to rase any objection which il
possible for ~ raise in reference the urocecng
of the DistrictAttorncy This Is bought on here
this morning without any official notice To either the
prisoner nlysef and have been unsbl1 therelors
10 lock at the papers which he prcscnts he'e. a. I
conceive to be- my right and duty 10 do. therefore,
object 70 the entering of the order at this time and tor
this reason.
Mr. Scdgwick-The renitlUur was returned to this
Count yesterday morning, and ii was
turned sent tor Mr. Kellogg, informed him OF IT, and
without giving him notice in writing, informed hi,a
of what steps were to be taken. II your HnnOrs
think that any further time is necessary proper, l
have nothing to say.
Judge Davies-rhe case has been carried mp to the
Court, affirmed the Judgment OF the Cont of Sessions.
and directed this Court 10 proceed to cause execution
to he done
Mr.. Kellogg have no knowledge officially of that
fact. | have seen the remiHaHr, but have had
no notice of the order Intended to be entered. which
has not been served upon me. claim that should
have had notice.
The Court was of opinion that no further time was
necessary proper, and the prisoner araigned.
Judge Davies-The prisoner IA brought into Court
on wit of habeas corpus issued in open Cont, r.
guring him to be brought here according To the stat
ute. Ii you have anything now 10 say why the Court
should not proceed we viii hear you.
Mr.. Kellogg am desired ON the part of my
fortunate client 10 state to the Court in answer to this
suggestion, that although he has nothing 10 say in
reference 20 the decision of the Cour of Appeals, yet
he claims and claims it sincerely aud honestly, too.
that he il placed in his present unfortunate position
much by the force of circumstances and prJuiics
as he is by any gny intent or evil harbored in his
soul With these remarks he submits himself to tho
will of the COurt
Judge Davies then addressed the prisoner as fol-
lows:
James Rodgers you indicted IN the Court of General
Sessions oE the City and County Of NeforS Tor the marier
Your trial had n the Cont Of General Sessions bel,es
gn3 OF the teuony found yol guilty q
murder and felony with which you were charged The lo-
cccdnes your trial a the Court of 0enoga Sessions
removed this Court By your counsel and this Court
viewing these proceedings Though, a. error hai been com
Of this Count appeal taken by th Dsirt Attorney I" the
Court Of Appeals that Court have reversed the docon If
full force The highest Court 10 The State have Therefore passed
upon your case aud after gu drbcraon ana careful con-
a1Iufgod that guilty Of the crime
you ard that have been gsy convicted of
ie Nothng therefore remains for this Court t0 do but
appoint day for your execution and they have appointed
Friday the i2h day of November the day which
the Sheriff o tho City and County of NewYok must do
ton, the judgment Of the tour. a General Sessions
Mr. NanderyoOrt the Clerk Uf the Court OF General
Sessions, then read the death warrant signed by all
the Justices, handed II 10 the sheriff, and Rodgers
taken back to prison in custody of the officers.
The Court Room, during these proceedings, wac
crowded with spectators who listened with breathess
interest Rodgers himself though pale from long
fnement, betrayed no emotion bat seemed to be- COM
pletely stupefed.
The Coult then rendered the following