The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-03


near ~; men pass through the lobDlng sAop geihs
70 dinner. Witness was examined by counsel AZ
great length as 10 sne precise situation VI
the barn loft ana a map OF the prison
was shown 70 the lary and 10 the witness.
examination continued found Jeletis three or
Tour ieet from the window; there were some bales
or hay thrown N loosely; the pace was not Gear
near the stairway; the bales were about TWO ieet
high person could see hnn from we stairway;
the hay did not Distract IL; the BOOK was open ia
lis hands when went up az IL he mad neen reading;
ms cap lay, think, III ms zap; the hair was on tie
nay and some on his zap and on the BOOK.
James II. Llghthali keeper OF the prison, was the
next witness Tor the prosecution. Previous TO the
examination OF this witness counsel for the prisoner
stated That the Coroner wanted To and that II the
Dlsiflct Attorney would consent he Moad be salts
hed 10 lei nun 60 Counsel desired 10 nave the MI
nutes OF Tie Coroners inquest proauced nut it ap-
peared thai they we're not 10 be found the District
Attorney stating tnat he never saw them ana would
no' permit copy OF the proceedings 81 inc inquest
10 ne put III evidence. The Court sustained the
remain.
Mr.. Lghiaall testified that he was an officer OF the
sing sng Prison and was on duly IN the jobbng
SHOP In the prison on the l4th OF Muy last; ne had
Bfickey alias Burns, IN his charge on thai day ne
was under the woodshed, Whlt,inglon with him; the
wooushed adJOins the barn on The east end; they
were saving old boards for kindiing wood; Jelerds
Was ia the Darn that day. cleaning line barn; he was
tnere before that; The man IN charge OF the barn Was
George Rhodes; ! gave jeferds permission on the
Monday previous TO assist Rhodes; on that DAY he
hau not PERMISSION to go 10 the mess; | saw JEFF
Ierds III The barn about eight O'Clock, cleaning up
the lower part OF the barn; he was sitting ON u
Dale OF nay opposite the WINDOW in front OF tie
Counsel for the prisoner here handed in
written evidence, formerly given 10y witness
which read To The Jury 1t was descriptive of the
situation OF the windows and doors OF line barn. The
window swings round hike door; in the morning
when saw him going tncre 1t was open; he was
three or Tour Feet nom the window on bale OF hay
reading tins was about ten o'clock he was not In the
habit or going there TO read, never saw INN there
before; saw Burns with the gang that nay;
counted them, as generally DO, and found all cor
rect; Freeman, Moore ana Jetierds did not go TO
dinner that day; Moore was WORKING al the agents,
at least SO heard; Freeman was in the SOAP boiling
department; there is some distance between IL anu
the barn; went TO dinner and knew nothing oil Tie
occurrence unIii saw Jenerds-l did not know il
was him then-borne past 10 the chapel.
Examined by Mr.. 'fownsend--l remember having
made an examination Of the premises III the summer
time with yon "a description OF the locality o. the
barn. taken at the time and signed by him, was then
read by wtness.) There Is q stairway running up TO
the window, which lett two feet stand ing room al
the top there was tree forty three feet from the
guard house; II ~ customary for the guards stand
on the piazza IN fair weather. there twenty
lights III the barn window the door; the door il
directly under the window and Is made OF board; the
soap house Is los feet from the door, there were TWO
men working In the soap house ON that day; in the
yard back and forth there were several men coming
and going throughout the day; they came there Tor
wood from all parts oil the prison for kindling wood
JefTerds was at work at eight and ten O'Clock when
visited him; don't know II ne was reading In ,he
barn the day previous; II was ten minutes before
twelve that day when the dinner bell was rung; II
was the first Friday In May that Jenerds was
in my gang al the time he made his escape
on the 9th day OF June; Reddy was "A sandy com.
plexiOned fIeckled man, i've feet eight inches nign
and had lost an eye; had to answer Tor William
Moore On that day; keddy was not in the gang at
dinner time; he worked IN the stable, south OF the
joDDng shop and generally came to the second
mess; saw him IN the yard several times In the
morning; he came out Of the barn ut ten O'Clock;
when the bell rings the convicts wash up In the job
bng shop and then come into the gang; couldn't
say II Burns washed that day; saw MN ABOUT the
same time that the rest fell In for dinner; nothing
his appearance or manner At this time attracted my
attentions Burns and Wilmington went TO the soap
shop alter dinner the convicts are all closely
shaved, have the same caps and arc dressed alike;
they are not allowed to wear exceedingly long nalr
but there is no rule as IN the length; Burns was
usually attentive to his duty; had confidence Ia
him. that is, az much as had In any convict.
To the Court-His duty was IL the woodshed that
day; Reddy was not III the stable when the man was
found dead, but in the red stable; did not see
Brickley and Wilmington together mat day; IN the
line OF view between the guard house window and
the window over the barn door there was tree you
could see the window, but not distinctly; never cx
amined TO see II could observe person on the hay
through the leaves Of the trees Rhodes had tins axe
here produced In the barn. 1t belonged 10 IL.
CrOss-eXamined-if there were no leaves on the
tree could see very distinctly II any one was in the
window; don't know il John Devine tine barber,
was In the woodward that day; could see any one
going in the window from the guard house window
Notwithstanding the tree, but could not tell convict
from any one else; the tree has since been taken
down, quarry having been commenced where II
STOOD
John r. Rhodes. convict, testified that he was
over Two yeals for this time IN Sing Sing; he knew
Bnckley (Burns) and Jenerds, but could not
recollect the name OF wilmington; ne hao
asrss Je e the wss killed. the I sam s
there at twelve O'Clock; ne was away from the barn
Of sa@ S x az &c 70 %
self thinking that somebody was bleeding the
horses heard grooming and went up to the loft and
graphic and animated account or the condition and
surroundings OF Jcnerds; but counsel for the
prisoner interposed TO prevent him from telling
what other convlcts saw and heard; witness was
very deaf, and there was some difficulty In taking
his evidences when he went up TO the loft he met the
DOG Iopsy belonging TO me prison; dd not see any
Ratchet which was found lay next the south door;
went straight 10 look at the after seeing Jeierds
brought 10 the hospital about five mInutes) aud ii
was In the same place; the axe was quite dry; the
appearance OF the ground did not show that there
was struggle In the killing OF Jererds; there was
no other axe in the barn; ] dont know II Jenerds
and Burns we're together that morning; remember
a man named Eddy; he ran away; nc used to come
TO the barn very oten things used TO be stolen out
VI the barn.
Cross-examned by the District Attorney left the
axe where 1t was until came back from the hospi-
ta when, thinking that the cap found on the floor
had Cut in it, the man was killed by my axe,
went to see II at once; was only i've or Elk minutes
away
Alexander Wilson, aconvict, being sworn, testified
as follows Was a cook In the guard house on the
l4th OF May; knew Brlckey, called Burns; recog-
nize him; saw Jenerds on the l4th OF May about
loft; he was lying on bale OF hay reading book;
was IN the upper guard house window; saw WHIT.
tington and Brickey about twenty R9HieS pel2H
twelve o'clock Brickey Vas tae barn atoI, partly
inside; came out again ana Vent to the dead house;
he was al work III the wood house that day; saw
Wilmington 60 TO the barn before Burns and did not
see him cQpf out; noticed Wilmington and Burns
going to The barn because OF ruinors; there was Q
difficulty between them; Burns told Jefferds that II
he did not let his kettle alone he would fix him;
was at work at the gardens most OF the time; the
tree at tie barn was a small peach tree, small and
crooked; 1t did not obstruct the view from the
guard house, was sitting ON the window sill OF the
guard house, did not see Moore while was looking;
when saw Burns 90 TO the door OF the barn had
view Of him all the time, and ~ for Warrington
could not tell whether he came out or not: u was
fifteen minutes before the yard bell rnng that saw
Burns at the barn door; heard Moore say that
Jeferds' mother had offered 81 900 ard pardon TO
the person who would testify SO as 10 convict the
man who killed her son
Mr.. Townsend, counsel for the prisoner, here put
in an objection TO the convict William Moore VINO
called by the prosecution on the ground that ne
was convict convicted Of grand larceny lie based
his objection on article g. section T. OF the consu-
ton OF New York and OF the constitution
Of the United States. Counsel read the several sec.
tions bearing on the case, but the Court 0verrued
the objection on the ground that the Legislature had