New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-09-19

apvFD ON THE NIGHT OF THE huhDE"'
,u;IIiom Forester was taken from Ponce
ussaouarters TO the Tombs Police Court YESTERDAY,
80. Gov the first time the remarkable evidence whch
nov" 10 "a, - roclanied the murderer Of Benjamin
$50 An assembage Of over thousand persons
Srd on the steps of the Tombs Prison early in the
o-ninr and endeavored for several hours 10 OBTAIN
on entrance 70 the room Of the Court OF spe0iaI
sessions The courtroom, however, was kept cioseu
,houghout the examination, only few persons being
ditted 10 the room, and they by private door, capt
-, ana Detective Farley brought Forester into the
,r, room AZ II a. H. and at led him before the
Mar Justice Bowling being already on the eeneh inc
nr,.oner was dressed a suit Of light gray tweed lie
was very pale but did not exhibit any nervousness
while Miss Ann Keenan, the music teacher, was giving
her extraordinary evidence Of his completely in the
murder of Mr.. Nathan Forester though manifesting
as,onishment at the outset had entire command OF his
teatures and conversed calmly with his counsel
s-perinendent Kelso stepped forward as the first wit
mess He testified that on Oct. %, 1870, he had made
affidavit IN substance follows: On July 70, 1870 Ben
iamin Nathan was in his house felonousy and will
fully murdered depOnent verify believes, from commu
rieatjons made 10 him. that the said Nathan muir
serd BY william Forester Thomas Scott, Walter Dunn,
Bnck Kennedy, Eugene Coy and John Doe acting upon
this affidavit he had issued a proclamation offering
large reward for ForreSters arrest the Washington
police arrested the Sept. 7, and brought him to
this city
Kelso left the witnessstand Forester and his counsel,
Mr. W +. Howe, seemed TO be astonished by the lack
NJ vet direct testimony, and waited with visible anx-
iey for the appearance Of the next witness The name
Of Ann keenan, loudly called, and slight, pale
faced woman sitting part Of the courtroom,
arose and went forward TO the magistrates desk.
Worcester looked at the woman, and then, turning
90 Mr. Howe seemed TO indicate that he could not
sdentfy her. Miss keenan, had by this time taken her
seat the witnes~box. She was plainly dressed in
black appeared very composed, and answered without
hesitation every question addressed to her by counsel
Eminent lawyers after she had given her testimony de-
elared that she was Of the most remarkable wit
nesses they Judge Bowling said he would
rst read an affidavit which had been made by the wit
meas very morning The following was then read,
the audience the courtroom maintaining breathless
silence:
Sta Of ge,r York Gin and County Of e,o-York ss-
Ann Keenan, Of Fort Lee, State Of NewJersey, being
duly sworn deposes and says Ihat at about twenty
minutes eight O'Clock, the evening OF July 25 1870
passing the south side OF Twenty third going
west gssTS ~ Vincent eS % PS G sS S S
ing over the railway front OF Mr.. Nathan's house,
hand which HSt touched the Sidewalk, made noise
and attracted hls attention he turned around
toward me quickly; he had something IN his
hand, and it was partly up his sleeyel 1t al-
nervous manner with handkerchief st having the
article mentioned in his hand he then turned from me
house. and then went under the stoOp 10 the basement
article he had in his hand struck the cate as ne went
In and made noise like irOn he looked pae his eyes
were Wild thought he might be crazyj then passed
quickly down street and did not aim return from
the house the next evening was informed that the
murder had been committed, and felt certain In my
seIt worried and desired to give Information in ref
erenoe TO IT, then told the Rev. Mr.. LyOne all knew
nres called to see me at No si7 East seventeent6st
then resided went with them 70 the Office OF
Ruperntendent JOurdan. where also the present
superintendent Of Police Mr. Kelso, who was in com
pany with him at the time; related 10 them what
saw, what have stated and particularly described the
mans APPEARANCE the man here present who gives his
same man who in front OF Mr.. Nathans house
that night, above described. ANN KEENAN,.
JOSEPH BOWLING, Police Justice
Justice Dowling-Is this your andayitI A. It's.
O Doyou the man referred to In Court
Mis- keenan, turned and looked down among the
crowd from face to face until she to ForTesers,
and then, poBteg to him with her right hand said:
That is he0 Forester became vsbly paler as the
witnesses hand was outSretched but faced her in an
usaaHhted manner. s---s
Justice Dowing-Have the defense any objection to
the offering OF this AFFIDAVIT
Mr. Howe-some parts Of that AFFIDAVIT are not com
petent testimony, and ask that certain statements
made It be stricken out especially thst referring to
the way that she came 10 be called q witness.
Justoe DOwlng-I certainly agree with you that parts
Of the affidavit woud not be admissible in trial. but
think they are admissible in an examination.
Mr.. Howe-Miss Keenan,, you are very near sighted,
are you not A. Not very.
O. Can you read your pfayer-DooK WITHOUT dinculty
A. can,
q You can recognize persons at a distance A. II |
they are not too far Of
O Can YOU see the color Of my necktiei A. 1t is Law
ender I think. This answer was eorrectl
O. How far can you see as to identify personsl
The witness then truthfully described the color of
clothing complexion, and hair Of gentleman on the
opposite side Of the Cotftr66m.
Mr. Howe-what time in the evening did you sec the
,risoner1 A. About 10 minutes of O'Clock could see
him very well; his hair dark brown, he was
dressed in light cothes-rowsers lighter than the coat
ne had a felt hat he held handkerchief up 10 his face
when be took 1t away saw his features saw him 90
into the gate and 90 under the stoop Of the house.
O. Have you ever been mistaken in identifying your
friendsi A. have good memory for faces and can
not remember ever having been mistaken.
q. How did you happen 10 appear here TO identify
Forresteri A. Two years ago. was troubled by the
thought Of having acting very strangely in
front OF Nj Nathans house the night Of the MURDER
and told NY mother how had been frightened by his
looks; afterwards told the Rev. Mr.. Lyons about the
matter and he told superintendent kelso; l |
narrated what / had TO superintendent
kelsO did not hear anything more about me murder
until a week ago, when Detective Farley called at my
residence Lee " j., and told me that man had
been arrested whom they suspected was the murderer
Of Mr. Nathan Detective Farley did not mention For
rosters name did know who had been ar
rested; went 70 Police Headquarters IN TINS city the
day before Yesterday aud was taken oy supeItehdent
Ke,o into Capt. Iryings private once; they toia me
that number OF men would come one dIlef the oIheI
and y saw any one whose iace Ielne s 70
point him several men came into the once put ana
not recognize tnem at last the prisoner came 10, ana
Instantly recognized hm as the man hao seen stanuhg
before Mr. Nathan's door the night Of the murders
identified him in one way by ms eyes, wmen are terpe
be frighteued by his gaze on that night that
Mr. Howe-Is there any alteration n the appearance
Of person since you saw him on tha evening" a.
lie has beard his cheek nc then Lad htte mpe-
o. what is he color Of Forrester's eyesl A. should
call them eidylsh DrOWn' A- -, .-,... -. |