The New York herald., 1869-04-07

d,saoreeable east Of countenance, and there ID
nothing distinguishable in his appearance from
Others OF mis- race TO denote any murderous pro-
civties Mr.. Ackerson the newly appointed Dlstrics
Attorney declared his unwilngDess to prosecute the
prisoner, inasmuch as he had been drst retained
by Sutton and he felt that In justice 10 nlmseu anu
client he could not change Sides he haa
that Mr.. Banta the former prosecutor OF the Pleas,
conduct the Csc on the part OF the Sa'e e
the part Of the State; Me5srs, Ackerson and knapp
defended. MIR. Banta then opened and gave the
following history OF the case:-Tne Indictment for
murder was found by the Grand jury OF the county
OF Bergen TWO years ago, for murder committed on
the 5th OF july 1867 on that day the colored people OF
the county had picnic, which had been commenced
the day previous and continued two days. IL was
held In the woods near Saddle river, and the parties
seemed TO have enjoyed themselves thoroughly.
On the evening OF the 5tn Sutton went on the picnic
grounds, and almost Immediately after he got there
ne fell into the company and society or Caesar Ia
brskie. Cesar and another were standing on por-
ton Of the picnic grounds about ten O'Clock at night,
time, when they were accosted by sutton, who
asked Zabriske, "Are you the same per-
ing an answer or without hearing that an answer
had fallen from the lips of Cesar he plunged
a wound which caused death two hours subsequent
ly. About year previous Sutton and Zabriskie had
met at picnic IN Mowerson's barn. wnere some
difficulty occurred between them and this, or course,
explained the sauIaton Just previous TO the stab
biIg ARRAY. Counsel further SAID he would be able
TO prove that defendant had been heard TO remark,
''lf go this picnic will he the death OF some OF
those Paterson boys.r Sutton had difficulty with
the Paterson darkies about TWO weeks previous to
the 5th OF July, 1867 and though advised to stay
away from this picnic he refused, and said If he
went there and caught any OF those Patersoa
darlies he would be the death OF them. In con-
nection with the occurrence OF the 5th OF July.
1t appeared tnat Immediately after the stabbng
Zabrskie TO a little shanty kept by John More,
colored the proprietor OF the picnic in which he lay
down, saving 81 am stabbed; save me from those
menu More brought him INTO his house ana pre-
vented Sutton from further pursuing his vlctim.
Sutton was then arrested, and from his hand
q knife was taken, reeklng with blood The prisoner
disappeared shortly afterwards, and sum or $500
offered for his arrest He eluded the police
until the 18th OF December last year, when he was
arrested within four and haf mi e5 OF Newburg,
where he had been employed dressing rails
The first witness examined was John More VINO
deposed that he kept stand at the picnic Saddle
river the 4th Of July; the amusement continued
for two davs and was enjoyed by aD ut 200 persons;
between ten and eleven O'Clock on the night OF the
9th Zabrlskle ran towards MN, jumped right over
the counter and crouched under it.; sutton followed
and attempted to Jump over 1t, TOO, but was pre-
vented from doing heard Zablskie say, While run
ming, "Oh, save me; there Is a man after me-" but
witness thought they were merely playing; Caesar
subsequently escaped ana carried to the house
OF Mr.. Cisco, where he died shortly afterwards.
In his cross-eXamnation witness said parties were
cases. everything went Off quite agreeaby, nothing
having happened but the affair OF the stabbing
Harry Van Cleef. negro, was examined Dy the
Attorney General, but he seemed 10 know nothing
OF the afiar further than that after being stabbed
Caesar rolled, shook himself llttle lay still and
hallooed, 40, Lord, save me :"
The court then adjourned.