The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-22

The Malpractice Doctor Indicted
for Wilful Murder.
RECORDER HACKETTs SUGGESTION,
Seven Years in Prison Too Little
for Murder.

At three O'Clock yesterday afternoon 1t was
whispered around the City Hall Park that Rosen-
zweg, the alleged murderer of Alice Bowlsby, had
been reindicted by the Grand Jury, and that this
time the indictment murder In the FIRST degree.
Two Grand Juries were In sessiOn-that Of the
Court OF Oyer and Terminer and the General SEES
sions Grand Jury. Later in the afternoon rumor
said that It was the latter which had reindicted
Rosenzweig, and that District Attorney Phelps had
fshed out some new testimony upon which this In
dictment for the gravest offence known to the law
had been found.
Rosenzweig 1t will be remembered by the read
ers OF the HERALD, was indicted for an attempt 10
commit abortion on the person of Alice Bowlsby,
under the Laws of 1915, chapter ~, section IL
Every who shall administer to any woman preg.
nant with auck child. or prescribe for any such SUCH
wSms or Advise or any sTca ws%aa b nten
thereby destroy such ehs unless shall
ne 's
Under this statute Rosenzweig was tried In the
Court OF General Sessions before Recorder
Hackett was found guilty ny the jury, and was
the State Prison, the full term allowed by the
law, His Honor remarking that he regretted very
heavier penalty Rosenzweic's counsel applied to
the Supreme Court for
which was granted and new trial was ordered
Under this motion Rosenzweig was transferred
from Sing Sing Prison to the Tombs, to await his
A HERALD reporter called at the District Attor-
nevis ONCE last evening after the adjournment or
report, and had the following conversation with
Mr.. Phelps-
REpoRrER-Mr. Phelps, is It true that Rosenzweig
has been indicted for wilful murderf
DISTRICT ATTORNEY don't know. You see
have been very busy at the Scannell case all day.
"But can't you consistently give me some tnfor-
nation on the subjects Was 1t your intention to
have him reindicteds
Information. but added after some hesitate =
'"N0, don't think he has been indicted yet"
Ut was, then, your intention to have him rein-
ayes, sir; but have left the matter entirely in
the hands Of one o, my assistants, MI: Russel and
knows much about 1t or more than Mr.: Russell"
might ask was It you yourself had this matter
brought before the Grand Jury AGAIN."
HAS any new evidence been found against Ro'
at was given to the Grand Jury after sugges
ton was thrown out by Recorder Hackett In open
Court. You had better see Mr.. Allen. Pm sorry
can't give you any more information, or would
The reporter subsequently saw Mr. Allen, with
District Attorney Phelps, who in reply to the re-
porrers question as to whether the Grand Jury had
Indicted Rosenzweig for wiul murder, said:-
Eyes; the Grand Jury have ordered that bill OF
Indictment for wlliul murder be made out imme-
diately.
ment I"
.srhey want to hang him. They think that seven
years In the state Prison Is zoo small punlSnmenC
FOR such offence"
'But will he be tried on the old Indictment ~
'NOt now. He VIII be arraigned on Monday
morning, on the new indictment, Tor murder In the
first degree.n
"Might ask has any new evidence been discov-
cred against him 7"
mo, sir. The Indictment was found on the testi-
mOny formerly given before the Grand Jury against
him."
REPORTER Oral or written?
Mr.. PHELPS-lt must be oral always. There has
been no new testimony given TO the Grand Jury.
Up to the time OF the reporters conversation
with District Attorney Phelps and Mr.. Allen none
OF the attaches OF the District Attorneys ONCE
had heard that Rosenzweig had been indicted for
wllful murder, and Mr.. Aliens statement caused
GENERAL ACCOMPLISHMENT
The wife and daughter OF the prisoner have almost
lived around the District Attorneys Office since he
was brought down from Sing Sing to the Tombs,
and they hoped to have seen him brought to 8
speedy trial and acquitted. The news OF the REIN
dictment will be u cruel blow to them, as they were,
assured that RosenZweig would escape by some
legal technicalty. The bill OF indictment will be-
presented In regular order in the Court OF General
Sessions before Recorder Hackett, on Monday
morning-the Indictment being found by the
General Sessions Grand Jury-and the prisoner win
be formally arraigned.
The prisoner said to the Tombs officials himself
that he thinks hts constitution hopeessly
broken down under the punishment he has already