The Morning herald., 1875-09-17
wEsTERvELT's TRIAL
.f..''iIEg I. -'.R rom dpI
Tho End Not Yet.

| COMMONWEALTHS y REBUTTAL|DFFENS
CLOSED. '"i '''' l.' ''' g'' P'"'- r
| Yesterday morning, at the opening Of
courtt,, Judge Elcock announced that 1Wes-
tervelt would be called to the stand agaih to
satisfy one of the jurymen. j' H."
Upon his taking the stand, the Judge put
the following question to him:
Q.-Did you, after returning from Round
out with Mosher and Douglass, inform supt.
Walling that you had been with thems
Prisoner-I told him that we had been up
the river and described the boat to him; I
did not say we had been to Roundout, and
he did not ask me where I had seen the
boat. .a..y ~. ......,..
Mr., Ford-Have you ever been charged
with or convicted of any crime whatsoever I?
Prisoner-No, sir.
# The prisoner then withdrew from the
witness stand. ., t..,.' >,
Mrs. Westefvelt recalled have my mar
riage certificate; (paper produced and Offer
ed in evidence; it bore date at New York,
and was dated September 20, 1868, and wit
messed by M. J. Mosher and Thomas Logan.
With the privilege of examining Superin-
tendent Perkins of the County Prison, when
he. should come into Court the defense
closed. ".l .'llIlI @
In the meantime the Commonwealth
called William w. Mclaughlin, who said
in December, 1874, was an officer Of the
New York police! I remember the time Of
the shooting of Mosher and Douglass at Bay
Ridge on the Monday after the shooting I
was sent by Superintendent Walling after
William Westeryelt; my message was to tell
him he wanted to see him Immediately, l
found him at home, and he said he had been
down town; he said he was going to get his
dinner, but came away without 1t; be did
not, when / told him that Superintendent
Walling wanted him, say he was just going
up there; it is not true that ! met him with
in two blocks of headquarters; it is not true
that told him he had saved me the trouble
Of going as far as ''
HIS HOUSE. 4"
Cross examination-I was appointed to
the New York police force in November,
1868; my attention was first called to this
testimony yesterday by Superintendent
Walling; found Westervelt at his house
somewhere before ~ o'clock he lived in
Madison street; when was sent for to go
after Westervelt was in bed at the Four
teenth Precinct Station-house; that was on
Monday, December IA; the Fourteenth
Precinct Station-house is about two blocks
and half from headquarters; am most
positive Westervelt's house was No. 263
Madison street, saw him, his wife and
children there; was at that house about
half dozen times; can't now tell when l
was there before; ! did not keep a memo
randum of the occurrences Of that day; I do |
not know that at the time speak of Hart
man and Westervelt were at Bay Ridge:
superintendent Walling told me to come
mere; ne told me yesterday at noon; he cal
LED my attention to Westervelt's testimony
by reading the letter some one had written
OF the outlines of the testimony; that
portion of the letter was read to |.
me which stated that Westervelt had tes- !
Lifted that he met me within two blocks of ,
headquarters, and that I said he lad saved
ne the trouble of going to his house, and c
superintendent Walling asked me if that was 2
the case. '-.i :
Re-examined-On One reason that remember
ne 14th OF December, 1874, particularly,w
'eca9se heard OF something special that 81
Lay;l remember the first visit 1 made to n
Vestervelt's house, because was in uni n
orm and got note from him telling me
OF TO come IN uniform thereatter;I once y
1et him in Broom street in house kent by al
larry Jennings; he used to frequent there. al
Mr.. David Pooley sworn-I live iu Ger n
Mr.. .Haggert proposed to rebut the priso- es
er's statement that he never was III Ger Fl
lantownD ! Il - ~ a,
Mr.. FSrd objected on the ground that it 6.
as part of the case in chief and not rebuff a.
ng testimony. .a. 2. IT, "i st'
The objection was oyerruled. gi'
Witness IL have seen the prisoner in Ger he
antown, between Hancock and Morton, on n,
aines street; it was the latter part of july y"
beginning Of August; was working for oe'
'hn Haines, repairing his dam: I'm all
ndscape gardener; It was in 1874. ' the
Cross ss-examinedL1 live in Lehman street, ~,
I am flfty-three years old: ~ ~
nt say the day of the month; can't tell nef
9 day of the week; it was perhaps two tha
lock in the afternoon; haven't read Nc the
wells testimony; know him well; we ~.
about Charlie Ross repeatedly. tne
him five minutes ago; didn't come with the
n here; ! was ~, ii No
~ '' TALKING TO HIM. d" ri bad
nm yesCeIudy morning; tn1s is the third Ille
lel have been here during the trial; don't sait
nix J. was here before Mcdowell was ex- the
lned; have had no talk with him about !
testimony; don't know what he testifes ..
never read his testimony, and nobody
me; have read some little of the testi-
ny; read the letter; have known Mellow "A
for twenty years; was at his store last can
ut year ago; don't know that was ties
inside his store; never. lived in his last
Use; can't remember when last talked Sire
b him about the case; we have talked dool
'ral times, about the little boy being sto- the
can't say when; can't remember what com
talking with him about yesterday, the ute
may have come up; no doubt it did; l ehal
It belong to any church; l believe in dead
IRE state OF rewards and Of punishment: BroV
lieve when leave this world that will fens'
unished for the sins committed here: I ~
hnf N1nN ~. ~ =" L.