The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-09-02
THE wEsTERvELT TRIAL.


PHILADELPHIA, Sept /, 1875
The third day of the trial of William Westervet is
over but yet nothing has been introduced TO show
his connection with the crime. The proceedings are
conducted with a calmness and deliberation which
astonishes New Yorker. No stenographer is en-
poyed and every sentence is slowly written down in
longhand that the taking of testimony ID very slow
work Were criminal trials in New York allowed to
drag their weary length along at this rate about fifteen
prisons of the size of the Tombs would be necessary
to hold the prisoners awaiting trial Assistant
District Attorney Hagert who conducts the case for
the Commonwealth, is apparently in haste to
introduce whatever evidence he may have to i'm.
plicate westerve. What this may be is of
course unknown outside his office; but have
good authority for stating that important testimony
will be brought in before very long He is evidently
shrewd lawyer, and his cool smiling manner during
the proceedings is sometimes in strong contrast with
that of his opponents the counsel Tor the prisoner Mr.
Hagert is tall saow man, with full gray beard and
glittering gray eyes. He carefully writes down every
word that the witnesses utter. Mr.. Ford and Mr..
Brown counsel for the prisoner to have adopted
the policy of availng themselves Of every technically
They make frequent objections TO the course OF the
prosecution which Judge Elcock good humoredly over
rules Mr. Brown is somewhat excitable gentleman
and he often interrupted Mr. Hagert to- day with
he thought Mr. Hagert about to ask, and
several times after he had stated his objections
with some earnestness that the question leading
one or irrelevant &c, Mr. Hagert would quietly say
81 had asked that question, SIR and that would
settle the matter Mr.. Brown and Mr.. Ford conducted
the examination alternately The Van Brunts, the
constable OF Bay Ridge with others from the village
who saw the dead burglars among the witnesses in
court together with Captain Hedden, OF the New York
police and patrolman from his precinct. When the
court opened the largest crowd yet assembled was
present Every seat was occupied outside the bar and
within the rail all available space taken possession
by Witnesses officials of the court and Of the District
Attorneys Office, few eminent lawyers and several
juvenile sprgs OF the law who sat behind the reporters
and talked loudly
WALTER STILL on THE STAND.
At the resumption of proceedings little Walter Ross
was again placed the witness stand-that is to say
he was seated chair in front of the stand, with
bury officer sitting at his side to repeat in his big
voice what the child would to the questions put
to him He seemed easily understand the questions
asked him by Mr. Hagert and gave intelligent answers
He grew tired of sitting still under the ordeal and
began get restless and sleepy His testimony to-day
was very short although from the antquated custom
this court it took long time to deliver it, 1t
was as follows When the driving along
with me in the buggy they talked to me; they were
talking TO Charley whether he wanted any more candy;
they Charley what was his name and he said II was
Charley Brewster Ross then they asked me my name;
told them my name don't know of anything else
that SAID was never over that route before; saw
them next in Brooklyn; they were dead Mr. Kames
was with US when went TO them, and when We got
to New York Uncle Walter came.
OBJECTIONS.
The counsel for the prisoner here interposed an OBJ
lection Mr. Brown argued that all the testimony OF
Walter Ross was irrelevant All that the e. men told
of no Importance, unless the District Attorney
showed the connection Of Westervelt with Mosher or
Douglass He delivered an earnest speech IN opposi
ton to the testimony Of the boy.
Mr. Hager said that he would not reply to the stump
speech of the counsel When he asked any improper
question Of the witness it would be time enough to in
The District Attorney then continued his questioning
asked the boy II he that the men whom he
saw dead in Brooklyn were the men who drove them in
the buggy Mr. Brown objected in ford language that
the question a leading one, and an amusing and
childish triangular 'Jawing' TO use vulgar but ex-
pressve world took place between the two counsel for
the prisoner and Mr. Hagert The Court settled the |
matter by overriding the objection, and the boy |
answered the question by saying that the two dead men
in Brooklyn the kidnappers He was next asked I
the buggy and he replied mo" This ended /
the direct examination and the witness was turned
over 10 the defence The somewhat novel |
spectacle of the cross-examnation OF a witness six
years old then witnessed He was asked how |
many people he had talked to about the case to which
the poor little fellow OF replied that he did not
know; and whom he had last talked about the
before coming court hs natural answer being that
been instructed by anybody, but did not receive any
answer to lead that belief He obliged TO 90 |
over great deal Of old ground and<epcat what he had
before said lie was questioned minutely as to the APP
pearance Of the kdnapper and how often he had seen
them before they took him away.
SUPERINTENDENT wALLISG.
Toward the latter portion Of the cross examination
of the child superintendent Waing entered and took
seat within the bar Mrs Westervelt nudged her hus
band and whispered "There's Walng" The prisoner
turned, smiled and bowed to him nervously, and
Strengthened himself up
MAN VIM
Henry G. Peacock who found little Walter crying in
the streets of Kensngton after the men had put him
OF the wagon and driven oil with his brother, was
THE BAY RIDGE WITNESSES
Theodore d Bergen, swoTn-l reside at Bay Ridge,
Long Island; remember the morning Of December IA,
1874 my attention ATTRACTED by the firing at Mr..
Van Brunt house shortly before three clock after the
first shot / raised the window at Judge Van Brunts
and hallooed to let them know We were up; called my
brother and We went over to Mr. Van Brunts; |
Mr. Van Brunt was then standing beside |
in front Of the house; then went where Douglass
was lying; he was dying; saw Douglass after that;
statement TO before he died; saw slOop about |
twenty feet long cabin boat, lying in front Of
house the owner came after IL and claimed IL; saw
the bodies OF these two men aiterward at the Brooklyn
Morgue; | was at the CorOncr's inquest
George T. Bergen, sworn-l reside at Bay Ridge; on |
the morning OF December Ia was awakened by my I
brother and went down stairs to what the mat
ter; went over to Mr. Van Brunts; jumped over the
fence aud saw Mosher lying on the ground dead the
other man was lying about six feet from the fence IN
front Of the house; he badly wounded and lived |
about three hours aerWard after they were dead we
moved them under the stoop out Of the Storm they
were then taken to Brooklyn and more OF
them; was examined before the Coroner's ipauest.
my brother examined the day was; Mosher
was, judge about hty years old six feet high gray
hair and no bridge TO his nose, the centre Of II
gone one Of his hands had part Of finger OFF, Doug
lass was younger man. with red mustache, dark
hair noticed nothing peculiar about him; heard
statement made by Douglass before he died.
Albert Van Brunt the man who killed tho burglar
also testified and told tho story Of that remarkable
tragedy.
John d. Holland, the Constable at Bay Ridge, also
testified but his evidence was not important
YORK POLICEMAN TEsTTFIgs
James Morah testified am connected with the
New York police force; knew Mosher and Douglass;
the former knew for long time by sight, and Doug
lass since November 10, 1870 when ! arrested him;
! saw the bodies Of the two men shot at Bay Ridge,
December H. and recognized them; knew Douglass 70
20 by the name OF Clark twitneS described Mosher
having sandy and gray side whskcrs with turned up
nose with the middle part eaten away; he had
curious formation of the forenngcr Of the LETT hand,
IL tapering TO poinp examined these marks