The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-04
TIE SING SING CONVICT MURDER TRIAL.

l Tne EVldcuce Ter the ACKNOWLEDGEMENTS
| Testimony.
The testimony In this very extraordinary case OF
murder by murderer continued yesterday in the
Court OF Oyer and Terminer at White Plains. Mrs.
! Walton mother OF the deceased convict and his
brother, mild, inoffensive looking young man,
into court during the day and occupied seats In the
gallery. Mrs. Walton dressed in deep mourli ng
and wore black veil over her face. The mother OF
| Wilmington arrived from Chicago and entered the
court late in the evening. There large attend
ance or spectators in the court. During the pro-
gress OF the trial good deal OF legal spalring took
place between the counsel for the prisoner and Mr.
District Attorney Bates, which on two or three oc-
casions called for ntcrpositon OF Judge Gilbert.
Charles Carter. negro convict, testified that he
knew Burns Wilmington and Jeferds; the day after
tie murder he heard a conversation between Burns
| and Wilmington about the murder; he walked over
TO the woodshed where they were sitting and heard
Wilmington say TO Burns. '.You ought not hit HIM
so hardr and Burns replied, IL want TO Kill the
| Of -" was behind the partition and saw them
| through holes in the door: my attention was at
tracted by hearing them the name OF Jeferds IN
their conversation this all heard; then took
! my team and went OF to the quarry; heard the
!, conversation while my team was drinking at the
watering trough close by the woodshed
Cross-exanned-There was no excitement around
said about 1t; had not heard Burns or Whiting
toms In connection with 1t at that time; had
no partic lar object in going TO the sllcd had
nothing TO call me there; knew 3urns' voice when
heard II; the hoe In the door little above
had TO ger on tptoe 70 look ihiongh went Up to
the shed as light as could; can't say why went up
lightly; had not heard anything about them In
nec,ion with the murder; never told any person that
| had made this statement TO q man in the Prison
and mat he told Mr.. Andrews he had sent for me
and was AFRAID 10 say anything different although
Knew nothing about y; had never heard anything
about pardon for those who would testify my
business in the Prison driving team: had worked
with Jeiierds. and felt bad wnen heard nc was
Killed.
Examination resumed by the District Attorney
The hole was just large enough to sea through;
never had any feeling AGAINST lenerds, but was on
good iernls With every one; indncemeut ever
offered 10 me to testify one way or the other IN this
case.
| George Harris. a convict, testified TIA. he knew
BTicklcy and Jeffer,is was at the barn and
Buckley there the day before Jeterds was killed. he
behind Jenerds as II about 20 play joke hun,
| and uoIoned FOR silence; Jeiferds was reclining
| bale OF hay reading; Brickey then rot up and
something TO Jeneris but could NOT tell what il
was Brickey did not speak to JeferIs before going
| down: witness heard REMARKS made by Brckiey
against Jeuerls, bat pad no attention 10 them:
Bfckley was IN plain view when Went up; Jenerds
think it singular that the men were play
ing Jokes on ore smother: "Reddy' Stevenson
went into tie, the barn, barn q, as was going out;
20 up 80 the loft without being heard ~ anybody
there: Il IL customary for conNicts 10 rsad When
they nave nothing else TO do; Jeferds said nothing
TO me when vas going down; never noticed aly
familiarity between Jefrerds and Brick'ey.s
Mr. H. T. Forrest, being recalled, testified that the
front window was closed when he went to see The
murdered man: ne opened II To let in air. Witness
then explained the position OF the barn ana the
water trough, but new facts were ELECTED. IL
possible that other men besides leiierds were In the
habit OF going into the barn; the rules do NOS permit
II. bur there were Instances where they We're vl0-
lated. Witness BY counsel for che
prisoners a. 70 the stain on The axe blade his mpres
EoD was tha the STAN was THAI CT blood, II might have
been rust; there was difference OF opinion between
pr. Payne amt DIR. Woodcock when the
afnined, but don't know what II was. On redirect
examination witness stated that IL customary
Tor couycts 10 shrk work and read whenever they
got a chance; person could go IA and out OF the
barn MY times without the keeper knowing any
Tne prosecution here rested the ease. and sr
George gallagher, one oil the counsel for the prison.
egs, addressed the jury for
TIE DEFENCE.
Thomas Smith the coroner, the hrst wiine- for
tile defence. he testified to having hed the inquest
ana that no compared the written inquest vita Mr..
Baker mnuies, watch were Al this point produced
4 b. the District Attorney. Witness examined the
inmates and found that the name 0f llliam Moore
not mentioned. Moore said In the iuqucst that
\ he Burns az the barn making a stroke with
aae and afterwards closing the window: he said he
was by tile steps ot The guafdbOnse between half
/ past eleven aud twelve o'CicCk Inc Ilan wac called
| hls attention 10 he noycnaen, ~ the window
wilson; Moore slla tnat lie saw Burns making three
strokes with the
Mr.. Forrest, having been again recalled testified
that there Another passage 10 the tbit besides
tie stairs, 10y Which person could reach The place
where Icf.ciS LAY. Tue map Of the barn aud local
ny wss produced for the twentieth time, ana ali the
Facts given IN evidence yesterday were again men.
! funed ~ tue witness. Mr. Lrhlhsii was also re-
called 20 prove Tie existence o. entrance 10 the
barn other man tue stars already mentioned.
J Dr. Payne phsslcau ~ sing sing Prison. testified
10 seeing Jeneis IN Prison hospital on The 4ln 81
\ MAY, AMI Masking slehi examination Of Tie
wounds; his opinio WITS. after an examination u
the wounds that the axe produced IN court was not
! the weapon usci IN the murder he Thought IL was
20 heavy weapon ara inst was not the shape -
make sucn Wounds taxing INTO consideration The
weight ~ the WEAPON he thickness 81 tile skull AMI
Z the amount of resistance TIE wounds might have
been inflicted van the axe; n the brow was
gwen VITA the centre ~ Tue axe h Was ~
/ opnou that the wound would nave been
! liry,r: !cEeras livci un,il nalf-past three
! uc.Ock. witness went - tue barn % see thu
pace where the murder committed and to lobk
lur IAc used no called Tue attention OF ,hrcc
witnesses 10 the condition Of the blade: Il was
~ lcctly dry but there was red stain near TIE
edge; went round the barn into the woodhouse aud
saw Wilmington and Burns cutting WOOL Win
axes; the object ~ his visit was 10 und Instruments
! corresponding 10 thc wounds; neither 81 the url-
| soner. manifested any excitement and there was
nothing pccuisr ther appearance; tnere are axes
with dinelcnt blades nom the one produced "a
! court
! nr. woodcock recaIed--i was IN the barn aIie
the murder committed and saw mat here was
means Oi getting 10 the barn very readily besides
The stairs already mentioned; have no knowcdgr ~
The position which Jcrerds was lying; mean
that man would have to elmo througs tho lol .
ALREADY described IN getting TO the ioft.
Judge Gilbert here stated that the other case.
Whlttng'ons, would not be tried this term aud dis.
charged The jurors who were not empaneiled.
| Joseph J. loang, ~ the guards at sing sing
! Prison, calo1 ana sworn. His testimony was cor
roburati'e " The evidence gwen by preceding Will
nesses
Michael Burke, called aud sworn--was convict
al the time Of the murder; was sitting at the back
Of the guardhouse three days after the killing OF
Jenerds with Moore and others; Moore stated that
he was In the gnardhouse and saw Brickcy In the
led barn and huntington AZ the door; a few days
after the Inquest Moore ana met and asked why
he did not testify "a he had told inc; said "Arc yoi
not afraid that Brickey will NIX you when he gels
outp"snd ne answered, 'No IN nx him; I'm no,
afraid OF him OF any Of his crowds then said care
you not afraid GOD Will punish you for swearing
falsely against fellow prisoncrgr and he apswerei