The New York herald., 1873-05-03
THE PATENBURe RIOTERS.


John Bogue ON Trial-Damaging Tssti.
mony Against Him-He fs Reeognized
and Identified by . Negro.
The acquittal OF David college, who has been on
trial all the week for the alleged murder OF Denis
Powell, mas greatly encouraged the balance OF the
rioters who to be placed before the tribunal Of
Justice, but from present appearances 1t win 70
hard with some Of them. IL is more than likely
that IN several OF the cases convictions win ensue.
The charge Of Chief Justice Beasley In the College
case, was very strong against the perpetrators Of
the outrage, College being only acquitted for one
reason-vz., that 1t was proved that he was an un-
willing member OF the murderous mob, he having
joined 1t on conpulsion. His aoquittal was conf
IDENTITY expected, and all persons agree that the
verdict OF not guilty was just one.
John Bogue, another OF the rioters was placed
upon trial yesterday morning ut Remington,
charged with T
TIE MURDER OF BENJAMIN DEsHAAN,
one Of the three negroes killed. Boguc Is stout,
middle sized man, with Q smooth. stolid counten-
ance gray hair and light blue eyes. He Is rather
blocking laberer and does not wear the
air OF q criminal. lie was supplied with
seat behind his counsel and watched the prog.
ress Of his trial attentivey. The case for
the State was presented by District Attorney
Chamberlain in a very simple speech. He mar
rated the particulars OF the riot and said that con-
elusive evidence would be produced showing that
John Bogue was prominent member OF the mob,
and that he was seen armed with club at the
Carter farm.
Martin Wykon was the first witness called by the
prosecution. He Is . surveyor, and swore to o
map OF the scene Of the riot which was produced
DR.. George II. Sullivan testified that he was q
physician and that he had made postmortem ex-
animation Of the body Of Benjamin Deshman; found
frao fhara
an ncised wound on the head also; there was also
wound on the body penetrating the cavity OF the
chest these we're the only injuries the fracture Of
the skull looked as II 1t had been made by pointed
instrument; the fracture was sufficient to cause
death.
Cross-examined-I had ample opportunities while
w sne army G he ody Of q
was, think, made by pistol shot.
Dr.. Richard Ludlow corrob6rated the testimony
Peter H. c. Anderson testified that he was
Justice OF the Peace; held an inquest on the body
pointed out the comm in which ne was inferred
when the bodies were exhumed; Deshman was the
man who was Killed tsata at Mrs Garters e porch
upon the railroad where the negro and Irish la
borers had been employed, but did not see the
prisoner at any time on the morning OF the riot
Mercy Carter was sworn and detailed what had
occurred at her farm house on the fatal morning.
given on the last trial. She did not remember nav-
Ing seen B0gne, and did not know any OF the Irish
men.
Coleman Lewis testified that he was
ONE OF THE COLORED LABORERS
employed on the railroad works, and had been
driven out by the lrshmen on the morning OF the
riot; saw In the crowd which chased us from the
shanties Patrick Delay and John Bogue, the prs-
oner witness recognized the prisoner ran up the
lane, and looking back again saw Patrick Delay,
and going little further on | ran through the
fence and got among the trees; while here saw
Pat Delay again; l Then went up to Mrs. Carters
house and ran under the porch, and saw Ben DeSf-
man; lett the porch and ran into the dog kennel; !;
by this time the Irish had come up;
1 HEARD THEM SHOUT;
heard them say, "Open the door, there are ne
grOes In theren one man said, "Break the door :"
another said, 1--WE will set fire to il and burn It
down;' heard them say, '.Iiere is one negro !"
another said '.Shoot him )" then heard a heavy
thing; there mole in the dog kennel could
see through: board or tin was down and looked
out and saw Ben Deshman east OF me; could see
the Irish towards the back part OF the yard saw
the man John BOgue among them in the yard !;
there was no one else ! recognized; / had
never seen Bogue before that morning; 1
did not see him again until I saw him
In jail; did not hear any one say anything after
the men moved on; when they had all gone came
out; Ben Dcshman was lying at my ieet; when 1
got out he was dead;
I SAW BLOOD AROUND;
went back to the shantics; stopped at the lower
shanties until Wednesday, and went from there to
Washington; did not observe when saw John
| Pat Delay, think had a gun.
The witness was crosSeXamined at length, but
nothing new was clicited, and the trial was ad-
JOurned until ten O'Clock this morning.