The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-04-13


oner was heard to mako the remark that he would
"knock niger in tho head that night" and subse,
quently the party stopped for . moment near NO.
gers out from that crowd and said no had been
stabbed; in fact he had been stabbed by person
in the crowd and the result OF the injuries he received
was death on the 9th OF August, two days Afterwards
The prisoner at the bar heard to the expression
threat as would be proved by other witnesses, that
"he would cut the CUTS out or the that struck
him." but whether this expression had been made use
OF before or after the coOred stabbed he lhr
bss hsau maas .r M a nsa os s.nnsd and
| had left the crowd. There nothing he
knew Of which justified him in the use Of the knife
The prisoner was arrested ater this and searched
but no weapons were found upon him. but before his
arrest he had knife In MS possession which would be
shown He had had this knife his hand and had been
accosted by one OF the witnesses at that time, who,
remarkng that his band hung by his side, said, 'You
have co. knife 10 your hand The witness had seen
prisoner had answered in the affirmative and said that II
he could find the man who struck him he would put up
that he had knife in his haad and there was one
witness who saw the stabbed. Mr. Troy then went
TO that by the evidence 1t seemed to have been en-
tireiy wsnton deed the part Of this man 1.-THE
pnsane and after abiding to the fact that for some
remarks, and called Mary Carpenter the frs Witness
| for the prosecution eS4#-
Mary Carpenter colored, sworn Il reside in North
First street, No. Baltic row; knew Charles H.
Rodgers; he resided IA Frost street; saw five six
white men between nine and eleven O'Clock tho night
OF the. 25th Of August last they camc from Powers
through Battle row; swearing at each oher
there tall who said "lets 60 down through the
on so downs Nos and
right opposite my window another Of the party "a
short onel said, ,lhere Is Niger let's give i to
drcl, and will cut his CUTS OUT" saw knife glitter
IN bis hand and Rodgers standing BY the window
heard scuile and he ran INTO house; said he bad
got the knife and asked 10 be taken TO the doctors
here si tho s the whole
OF them started to 20 as far az No. s, then return
| ing to No. and crossed the street; oflcer Hunt
along and they surrounded him; officer Leo also
came along, when pointed out tho tall man with
light to him; the tail man then around the
Crossexamined by Mr.. j. D. Townsend-It was
bright moonlight night; was In the front window look
ing out, and my husband was in the room with mo-
was sworn before the Coroner and did say heard
Kelly cry out "show me the black scoundrel and
viii cut his guts out or shoot hm after the deceased
said he stabbed he taken by him to the doctors
house an hour after Kellys arrest charged with the
Same offence; my room Is on the third floor.
Re-direct-When the tall man with the white coat
the remark that he would cut the CUTS out OF the
man who struck him he was about three or four feet
| from Rodgers
Robert Il Peterson colored) OF No Battle row, was
next called the stand and testified that no Kelly
and his party the night in question: between nine and
tho tall with white coat tho prisoner)
gagged he also Rodgers pass afterwards heard him
| say that he had been stabbed and saw him bleeding
| from q wound in the side. On his cross-examinaon
Peterson stated that he did not see the stabbng take
! place.
that on the night in question he se7en white
men ander the influence Of liquor passing along and
acting In disordcrly manner; he did not sec anything
OF them alter hoy passed his door, but afterwards heard
that Rodgers had been stabbed The testimony Of wit
moonlight was shining was directly contrary to that OF
Mary Carpenter who stared that the light shining
the south side while Peterson testified 1t was on the
north.
Mary Jane Geer colored) OF No Battle row. testified
having the crowd in the night near her door,
among whom was the prisoner, who had on white
coat aud who asked where the black scoundrc
that struck him; this was after Rodgers had been
stabbed
Emma Carpenter (colored) testified to having seen the
pr1soucr order Rodgers OF the sidewalk heard tho lat
ter say he was stabbed and saw blood; none Of The
others were n ar Rodgers when he was stabbed.
Thos Fields tcoored testified TO having seen crowd
Of men shove Rodgers, who ho afterwards found had
been stabbed during his twkness) absence in the
Mexskiah Chester testified to having heard scufae
near where kodses STOOL deceased then came 70 hin
Chester stated that Rodgers followed the crowd after
they passed him. he said he would cut or hit somebody
and after being absent about minute returned and said
| he stabbed; witness asked him why he did not
strike the who struck him. and he replied that nc
i Dr. Jossph Dreamer, who made the postmortem ex.
/ animation, testified that dea had been caused by
hemorrhagc from wound Ia the stomach about three
i quarters OF an inch in length.
Oincer Lee OF the Furty,afth prcc net testified to
| having arrested the prisoner after the stabbing.
Some other testimony was submitted for the prosecu-
tion but no additional facs Of any importance
elected The for the prosecution was then closed
was opened by W. Hysop who appeared for the pris
oner He contended that Kelly entirely unoc mt OF
FREDERICK Fuller testified that he and Kelly were In
company with Rankin and others going round the
streets the night in question; that Rankin was drunk
and unwilling 60 home they encountered party OF
coored men the sidewalk in Battle row; after pass
ing them OF them canc up behind Kelly and struck
him In the back Of the neck several times knife
in KelIys hand at the time nor did he notice him do
anything when struck
Joseph Tuliv another Witness testified to their having
passed through Battle row. and to the negro havi ng
struck Kelly; he did not see Kelly do anything or have
any knife in his hand after Kelly struck he heard
one Of the negroes say, One Of our men has been
| stabbed hero tonight, and you boys had better 60
| away
as stated above and also that while passing through
Battle row the drunken showed Kelly against the
negro who standing there when the negro followed
| and struck Kelly; after the blow was struck Kelly
turned round 10 strike him. but did not do there was
| a tall man in the crowd who white coat who
came up at the time Of the difficulty; did mot see him
Charles H. Brown who resides in Battle row. testified
that the evening Of the 25h Of August he stand
ing talking with Richard Gcer when be saw party OF
four vo white coming along; witness afterwards
saw one Of the party the street, evidently for
stone started with Hezekah Chester 70 500 what
the matter was; their way they met Rodgers, who
said he had been stabbed witness asked tho mon which
OF them stabbed Rodgers they all said that they
had weapons at that time the tall man was trying q
| get the others away. A. e
with light on out Of the crowd at the time
Of the difficulty and down Tenth street; this how.
| ever, not the prisoner .+.
large number Of persons were called to show the
cluson Of their testimony the defence rested and thl
closed The court then adjourned until Mon
DAY morning sklM
POLICE INTELLIGENCE.
CoLoRED swSDLSR-A comical and exceedingly