The New York herald., 1871-10-29
THE DOOM OF ROSENZVEIG.
ConclusIOn OF the Trial Yes
tcrday.
CHARGE OF RECORDER HACKETT.
VERDICT AND SENTENCE.

the proceedings would be nn1sned, ana II Veruioo
were rendered at all it would be unfavorabe 10 tne
accused The utter absurdity Of the defence was
plainly apparent to the Court and jury. and the
theory advanced as regarded the ownership OF the
telltae handkerchief was subsequently seen IN the
verdict or the jury.
Rosenzweig and his counsel were early In their
places, as was Judge Garyin in his. Sheriff Bren-
nan occupied space within the railing, LOOKING Us
fresh and contented stage horse in pasture
after mis- trying duties OF Friday IN eifecting the
arrest OF william NJ Tweed. Recorder HacKett
presided.
The case was opened by the counsel for Rosenz-
welg reading q quotation from statute made III
1890 prescribing the degree OF crime Tor producing
an abortion manslaughter IN the second Degree
Counsel moved tnat the prisoner be acquitted, as
the prosecution failed 70 prove an essential aver
ment in the indie ment-viz that the producing OF
IN abortion was not necessary save the life OF the
mother The motion was denied, and exception
taken by counsel. Another motion was made py
the counsel based some technical fault IN the IN
dictment, which motion was also denied.
ADDRESS OF THE DEFENDANTS COUNSEL.
Mr. HOWE, at o quarter past ten O'Clock, pro-
oeeded to address the jury behalf OF the accused
He would show, when he came 10 direct the atten-
ton OF the jury to the evidence, that the District
Attorney had failed completely to prove anything
against his client. They Uhe deience) contended.
nrst tnat
THE BODY TAKEN TO THE MoRGUE
was not that OF Alice Augusta Bowlsby. The jury
must have in their minds some doubt as to the
identity the body found in the trunk with tnat OF
the missing girl-the murdered Alice A. Bowlsby.
The jury must have doubt OF this because the
mother OF the deceased herself had not fully ident-
ned the body.
Counsel continued at considerable length, en-
deav0rlng to interpret the testimony IN a favorable
light for the wretched man who was hls client
Mr.. Howe concluded at quarter past twelve
o'clock, and 1t must be said that he made the best
OF a bad case, and succeeded in impressng the
jury. as far that was possible, with all points
favorable to his Client
SUMMING UP OF THE PROSECUTION.
At the conclusion Of Mr.. Howe's address,
District Attorney Garvin followed and thrilling
manner presented the significant facts developed in
the case for the prosecution, which IN his view
proved ndisputably the guilt OF the monster at the
bar, who for years had been taking the lives of
innocent human beings. Judge Garvin spoke for an
hour and half, and held the undivided attention
Of the jury and the crowded audience from the
beginning to the close Of his eloquent argument.
THE REcoRDRR's CHARGE.
Recorder HACKETT then proceeded in a calm and
dispassionate manner to deliver an exhaustive and
clear charge. He said:-
0ENTIEMEN-Thes statute under which the prisoner
stands indicted prOvdes that any person VINO shall
administer to any woman with child, or prescribe
Ske any r ns
ever, or shall use or employ any instrument or
duce the miscarriage OF any such woman, unless
the same shall nave been necessary 10 preserve her
Me- snail In case the death OF sucn child or Of such
woman be thereby produced, be deemed guilty OF
Wanslaughter In tile second degree. In order to
Justify conviction the ev .dence must have estab-
In ntin
following named lacts as the facts proven IN this
case, namely:-Tnat ON or about the 23d day
State q New York, the prisoner did use use
or employ some instrument or other means
upon the person OF one Alice Augusta Bowsby
she then and there being a woman with chid),
with the felonous Intent by the use OF such 1nstru
Alice, and that the use OF sucn instrument or other
means was not necessary To preserve her lie; and
thai the use of sucn instrument or otner means d-
rectly produc ed her DEATH The first question, and
being answered III the negative Is fatal TO convIc-
uon. ''Was 1t Alice Augusta BOwlsDy who, on the
Esd day Uf August last, was let In the 'front.' door or
The prisoners preuIises, py The prisoner, ana who
was never seen to have gone out OF those premises
sliveY This fact. iiesab,ished at all to your mnds
must have been from a consideration OF The tcsi-
nOny Of the mother and sister VINO state that they
saw ner on the 23d day OF August 1871. at tae city
of Paterson, N j., ABOUT nine O'CLOCK III the morn.
ing, . ..,....,.s,
The law presumcs that every person intends the
consequence ol his own acts, and mat IN pcrpetrat
intent an insent to commit crime. Now II Is Tor
you to determine what was done to her and by
whom after she reached the prisoners house, II she
reached u at all. Did he make known to any one
that lie had such patient iEcreY No. Way did
not his daughter. a young lacy OF fourteen years,
besty2 II ne is innocent could she not nave aided
him by her eyldence2 Why dld he not speak TO the
earman, but silently put the trunk aboard The cart
simseif3 M Why dia he see the anaertaker and bar.
gain aDout coffin that morning, saying he had
aead servant who only had slos VINO put or
hA xlnn1 hnslv M In hR
place the body Of young female nude .witnln
ihe trunk, without the customary suit for the
sa' man @ would T''Ssu Se given to s's doas H1o W%o
put the comforter aud baby wrapper IN the
was il put IN q trunk and checked 10 Chicago9 why
aid Nette, after checking the trunk, seal awayS
perinduced by an abortion. caused by the introduc-
hon Of hard instrument resulting Ia peritonitls,
and tnat all the other organs were healthy.
Now, gentlemen, does this testimony and all the
other testimony In this case satisfy you that the
prisoner with the intent to produce miscarriage
lpon Alice, did use some instrument to effect such
purpose, and which use md directly produce her
deaLhY The last inquiry Is not dincult to answer,
questions are answered against the prisoner. The
surgeon wears That the operation supernduced her
death. Believing that the prisoner did use
any evidence to show that il was done as
= necessity TO preserve preserve the ,, hIe OF Alice :
IN abortion mad been produced, and that thereby
her death was supernduced. and tnat all the other
In a normal healthy condition. Nor IL there any
evidence gong To show sucn an operation was per.
formed as necessity to preserve the LIE OF Alice
Tue prisoner denies that he ever saw Alice, that she
was ever within his house. tnat he ever performed
any operation upon her for any purpose. Had he
admitted performing the operation he might have
justified 1t by swearing that her situation
rs to mperlously dcInand The performance or the
operation 10 save her life, AMI VINO could have gain
said IT. The prisoner has testified In his own
behalf and empnatlcally denies tlat ne ever saw
Alice, that she ever was within his house,
that he ever saw the carman That he was
not then ton saturday within the mouse;
that ne never had the conversation Win the un-
nertaker James +. Boyd, as he detailed H. His
statements In some points are denied by woodward
and by Nellie Willets. ON ms direct cross-exanna-
ton he testified that ne never AT anY time or place
performed the operation oil an ABORTION, ana par.
ucular,y at Amty place, and had never seen Nettie
WIuets, who was presented 10 his sight. For the
purpose OF impeachng his cred0llity Nellie Ia
placed the and, and she positively asserts tnaJ
ON the lst OF December, 1862 she went TO the
nriaonnrl q nremisea where he praCLlsel under the