Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-04-05


| because Judge Smell had the power to send him
there; had seen Wright at Williams place very
| frequently.
| By the court:-Witness associated with WRIGHT
| and knew him well.
/ DR.. c. G. Cor sworn:-Witness has practiced
! mtdlcine Tor thirty-two years, and is president
! of the board OF health. a Ratchet such as that
/ exhibited would, if used with great force by a
| muscular man, be apt to break the skull and
| penetrate the brain, but il would depend upon
/ the force OF the blow. He examined the pre-
/ served chin of Rogerski, and said the wound.
! look like wounds inflicted by a moderately sharr
| instrument. They must be made by such an
I instrument as that hatchet, (shOwn,) with IL,
angle or corner. Warmth continues in the body
/ after death according to the character of the
body; a young healthy person might be warm
/ longer; II sometimes depended on the tempera-
I tuIc OF the surrounding atmosphere. the limit
/ being from five TO twelve hours before the body
/ grew entirely cold.
The court adjourned.
/ Fourth Day.
! This morning the trial was resumed. and, a
| on yesterday at the opening, the courtroom wa,
not crowded, but few being admitted by the
baiiifis, though the number gradually increased
/ Wright was brought into court at a few minutes
/ to ten, and appeared to be in a much more seri-
Gus mood than heretofore during the trial. He
walked quietly with the officers To the court
house, making but one remark on the wav The
jury came ia and took their seats promptly at
ten O'Clock, when the court was opened.
THE EFFORT To PROVE An ALIBT.
a NN.M
to having seen Wright on the Sd OF December
III his witness place OF business, corner of sd
and streets southwest, between nine and ten
O'Clock III the morning.
Cress- examined:-Wright converSed at that
tlme about boarding with witness; he was there
about three-fourths of an hour.
I'efeT Ross SWOrn:-WitneSS lives on I2lL street.
EUCVS Wright: saw him on the MONDAY l.fpr,.
Christmas, about dark, at Mr.. Deinhar,lt's
restaurant, Corner 4 =. and + streets south
west)
d.. george ". T. Hicl1aop sworn Witness
saw defendant at Bacon's drug store on the TTth
OF october last He came in Tor treatment of
guhSLot wound IN the lower portion OF the left
thigh. He had on light pants.
III. W. Turner swOrn:-WitnesS lives on nth
and streets; knew Wright ia North Carolina
witness went to that state IN December Is -
acquaintance and entered his witness school;
Wright entered as ~ years OF age.
CLOSE OF THE TESTIMONY FOR PIE DEFENSE.
Gen. HerSle said they had one other witness
Cotton Dorsey.
Mr.. Harrington said he perhaps WOULD admit
what Dorsey would swear 70.
Gen. Henkle.-He told me that he would swear
that lie went TO Deinhardt's about dark and re-
maine0 uEtjl 81 O'Clock; that he saw Wright
there. but does not know how long lie w. re-
manned there.
Mr. Harrington.-well, III admit that.
Gen. Henkle said they would then close.
Mr.. HAERINGroN's ARGUMENT For THE PRO--
ECUTIoH.
Mr.. Harrington said that he would close, and
he proceeded to state that he would give the
testimony of the woman-Mrs. Woods-to the
jury, and would rely on the circumstances sur
rounding the case-the peddler leaving home
early in the morning: his having been seen to
90 into the house, from which he never came
out alive; the blood about the house; the find
ing OF the instrument with which the deed was
done, &c.
Gen. RenkIe suggested that the prosecution
should cover the case.
Mr.. Harrington said that so far as he was con-
eerned he was willing to submit the case with
out argument.
The Court thought the prosecution should
give the defense the benefit Of all on which
they would rely.
Mr.. Harrington proceeded to address the i,uv
hrst speaking on alibis, quoting from Wels
(Old editiOn) %, new editon) 15i, and contend
ing that the proof should cover the whole pc
had proved three distinct alibis. Mr.. Harring-
ton stated that he was feeling unwell, and was
not able to read the authorities.
Mr. Henkle.-Well, Mr.. Harrington, will
MIR. Harrington.-I1l be obliged to Won, Mr..
Renkle. fnd it will do you more good than any
other.
81. Henkle then read the authorities.
Mr. Harrington proceeded 10 argue that the
body was that of Rogerski, and referring to the
question IS to who killed him, he said that the
witness Wood was AN unwilling one, WHO might
have been indicted a an aeeomplice, for she
acknow lodges that such she was after the fact.
Her testimony was corrOborated by the finding
OF the pack where Tom said he had put it, also
the body, the shoes and the instrument, and her
testimony IL confirmed by the failure Qt Gefend-
ant to contradict her. He read from list whar-
ton, ~, the celebrated case of DIR. Webster.
who was hung upon the identification of a set
Of teeth.
Mir II. said that he supposed the defense
would argue That the deceased was killed late
in tine day either on the commons or in some
other house; but he would claim that 1t was in
the house OF Wright, which the peddler entered
with his pack and small yellow trunk. He
would argue mostly on the circumstantial EVIL
dence-Wright having goods from the peddler's
pack, his falling TO account for them; his cOnfes-
sion to Margaret Wood; his leaving the room in
which Bembry, was TO carry out the body, &c.
ARGUMENT PoR THE DEFENCE.
Gen. Henkle, at 1l:25 o'clock, commenced his
argument, stating that the defendant was
poor and iliterate man, without means and
Dir. ingersoll and himself appeared in his be-
man had been killed. 1t had been said that
the defence would try the case on TECHNICAL
ties. In trials of treason and homicide there
are technicalities. II was the duty of the gov
| eminent TO prove every element, and to prove
| guilt beyond a reasonable doubt. The defend
| ant was charged with the murder of Samuel
Rogerski, and he COUNSEL submitted that it
| that OF ROgerski. No witness had sworn that
| it was his body. II 80, let the witness rise.
| Mr.. Cohen, lone Of the witnesses, near the
| marshal's desk.)-"Here they are; 1 am one. +"
| Gen. Henkle.-That witness was not asked the
question, and he showed by his testimony that
1 Court directed Mr.. Cohen not to interrupt the
/ counsel.l The letter tor envelope) has been re-
fired to as identifying the body, but he would
\ ask. could a simple superscrption of q letter be
| taken as proof that the body was that of the
/ man named? IL is true that there was q body
found: that the wounds indicated that he did
| not commit suicide. Could they say that the
/ defendant committed the act? May he not
| have been killed in a fight with an adversary?
4 Could they say that the defendant had premed-
| tated the crime? DIR. Hartigan says the Ratchet
dts the wounds, and he tHartigan) seems very
/ Jealous in his efforts to convict the defendant
1 but the wounds do not in his (counsel's) opinion
1 III the Ratchet. They were invited TO believe
| that this man. who is said to be a Hercules, In
| broad daylight made these wounds, which a
| mere child Of four years has strength enough 10
| make. Why, some of these wounds did not pen
| citrate the skin, hardly. The brain in some is
| very soft-soster than husband his and the
| Jurors minds must be soft, indeed, IL they be-
| iieve that this strong man inflicted the blow.
| IL IN ba ira mo- f 4. al