The New York herald., 1872-12-07
pretty wen eonc,.As the moment he took the stick

".
would ka'i him. He dropped the stick afser sirik-
ing Dopahue, ana Denvers picked 1t up ard made a
pass with the stick at the offcers head rne stick
struck on the curbstone and broke. At that in
stant he heard stone bottle strike ON the side
walk and break into many pieces. He tRodgeFs)
TO hurt him. He was excited through the urging
of Denvers and others. He saw Ritchie strike the
officer, with bottle, on the head, as they started
to so OF, and Gibson Also kicked DOnOhuc. Flint
threw stone at the PROSTATE man, but didn't hit
him. This Is the sabstance OF his story.
APPLICATION FOR A WRIT OF EReoR.
During session OF the Supreme Court held in
the third week OF November the counsel for Rod
se rs and maae ~
ceedtngs upon Judgment, raising abe points to
which exception was taken on the trial. On the
following day, November ~, Judge Gilbert rendered
an elaborate decision upon the application Tor
writ OF error, in which he set forth that the coun
eel were mistaken in snpposing that the prisoner
was entitled a writ OF error matter OF right,
as he phe Judge had no, no reason t.. to
n LEGALITY ans q, q to the the
admission OF the question put TO the physician,
whether the club with which the prisoner struck
The deceased could by one blow produce the re-
suits which he described on his examination as
Witness" The Court decided this to be clearly
the question put to the same Witness whether
WAS IT not quite as likely that the blow might
have been produced from stone thrown against
the skull as that 1t was produced by this wood ~
The witness was permitted to testify that he could
not tell positively the nature OF the instrument that
caused the wounds; that any heavy instrnment
used with sufficient degree OF force might have
caused either OF them that the fracture OF the
skui could be produced by blow from Scotch
A HEAVY STONE THROWN AGAINST rnR SKULL
Either club or stone was adequate to produce the
result.
The next exception was taken TO the exclusion
OF the Oner OF prisoners counsel to show that 1t
who frequented that locality to take sticks and
slap, IN a playful manner, sleepers found In wag-
stated IN his Sesspn Because Il included acts Of
parties other than the prisoner.
II was urged that the Court omitted to call the
the attention OF the jury sufficiently to the distin
gushing characteristics OF murder, and man
Slaughter. The Judge said on this subject 1T
is suggested on the part OF the prisoner that this
crime might be manslaughter IN the second or
third degree: the characteristics OF manslaughter
az az assingaished G from murder are rst absence &c
death while IN the heat OF passion. 1t is Tor you to
say whether there is evidence In the case to jus
tiiy the jury IN believing that there was any provo
cation producing heat Of passion, or whether
the affair, alter oil, was
COOL AND DELIBERATE MURDER.
This Judge Gilbert decided was q compliance
with the request to charge on that subject With
reference to the reasoning OF the prisoner excep
charge. The Judge decided however, that II was
difficult to perceive what valid objection could be
taken to the charge on that point, which was both
clear and explicit. Exception was also taken as
to the intent of the Legislature in allowing pris
Oners to be witnesses in their own behalf The
Judge decided that the subject was not material,
because the credibty OF the prisoner as witness
was properly submitted to the exclusive deter
mination OF the jury. TO that part OF the charge
with reference TO the grade Of the crime, on this
subject the Judge said:-" presents case,
think although that is for you to determine, OF I'M
provoked and atrOcious murder committed by
somebody. The only serious question in the case
Now, bear in mind, although the Court expresses
this opinion, II is Tor the jury to determine the
question OF iactn
Judge Gilbert held that were 1t probable that
any OF the proceedings complained or were erro-
ncous, the alleged errors bear so little and so re-
motcly ON the merits Of the case that no Court
would be warranted In reversing the Judgment.
lie, therefore, denied the decision.
now RODGERS RECEIVED THE REBUFF.
The Intelligence OF this fact was conveyed to
the doomed man on Monday, the 24th Of NOvem-
her, When informed OF the failure OF the effort OF
bis counsel in this application, he coolly remarked
II thought sO,n and turned away his face from his
informant. Meanwhile the interchangeable counsel
were working like bcavcYs'' 10 save their unior
tunate client from the gallows as the shadow of
the gibbet grew darker about the victim of the
in atonemcnt Tor the life which he had taken In
the conrse OF Thanksgiving week u strong and
npon motion for granting writ of error in
TIC Supreme Court before Judge Fancher, New
JUDGE GILBERT's DECISION SUSTAINED.
The Judge was reluctant to hear the argument
until Monday, "a inst, but he finally acquiesced.
the dread sentence OF the law drew nigh. On sat
urday last the argument was heard, and the
papers eiucldating the points OF technical objec
Judge Fancher presented a lengthy written opinion
In the case fully sustaining the rulings and char &c
ExTINGUIsuiNG TIE LAST RAY OF HOPE.
December a. Wednesday, the last resort was
plication was made before His EAceency John i.
HOFFMAN, who happened to be in New York for the
purpose OF attending the funeral OF Mr. Greeley, Tor
respite OF thirty days. in order to allow counsel
for Rodgers time to prepare bin OF exceptions
for presentation before the Appellate Court The
Governor remarked, after hearing the argument.
pro and con- that "the prisoner did not allow his
victim 1--WE minutes to prepare" He also directed
the District Attorney OF Kings county Mr.. Win
chr QarR n TO WoIta
with his preparations for the execution The Gov
ernOr took the papers and promised to commu-
the following morning But little hope was held
out to the prisoner from Wednesday morning. On
THURSDAY morning the Governor telegraphed to the
glslcs srsns sho reSps y ss not 70
TUE pEARINe SF G the PRISONER IN JAIL
snee sn os e ee No H. set n S
male prison, section which is divided IRON the
other prison apartments by a wooden gate, has
been such as to win the praise OF his iailers at all
events. From first TO last he evinced a thorough
rcpngnancc TO the newspapers, refusing point
their representatives, VINO made application Tor
permission 10 talk with him by the score. His reply
TO those who sought conversation Tor the press
was-I have nothing to say; would not say any
thing now, any way; my counsel has told
me not. to speak with any one about my
case lie frequently remarked further that the
papers had been trough on him. The Chief
Keeper, Mr.. Conraddy a very gen.lemany official,
in TACT, one OF the best prisoners they had. At
times he was downcast ana would weep proiuselv
and sob until the sympathes OF his fellow prisoners
who were within sound OF his voice woIld be
thoroughly aroused In his behalf. That phase OF
his disposition would be succeeded by a remark
able degree OF compOsurc and indifference, and at
otner times he would be bright and vlvacious.
Every day since sentence OF death was p onounced
upon him he has received religious consolation.
Rev. Faith John r. Mcdonald, pastor of st.
Marys church, Eastern District, has called
to give the unfortunate man the bene-
seconded in his efforts by Rev. Father McEIroy OF
the Church OF Our Lady Of Mercy, Debevoise
street, and the good Sisters OF Charity. He re-
ceived the visits OF his spiritual advisers respect
FULLY, and though hoping against hope to the last
he was not unmlhdiul Of their advice. lie read his
prayers and the rlous writings, and dwelt upon
time was in making rude sketches and smoking.
lie was fed latterly from the Sherin's Kitchen and
enjoyed excellent health and appetite. Ills aged
mother and q few OF his former companions have
visited min during his Incarceration, and have