The New York herald., 1875-08-31
THE CASE OF CHARLEY ROSS.
wEsTERVELT PLACED ON TRIAL IN PHILA-
pELPHIA ron COMPLETELY IN THE KIDNAP
PNG-THE PRocEEDIKGs-ToUcHIS SCENE
IN coURT-oREAr INTEREST IN THE CASE.


PING-THE PRocEEDINGs-ToUcHIN SCENE
IN coURT-GRKAT INTEREST IN THE CASE.
PHILADELPHIA, August 80, 1873
District Attorney Sheppard has put or tho trial Of
William westervelt long as possible in tho hope Of
securing uther evidence throw light the dreadful
mystery OF Charley Ross. He obliged proceed TO
trial today however, under old law which demands
the release OF prisoner If he lies Jail without trial
for more than two OF the Court. weservelt Is
the brother -inaw OF William Mosher alias William
Henderson, the burglar who was killed ut Bay Ridge
the l4th Of December, 1874 and he is
Jointly indicted with his wife, Mary Mosher
Westervelt. for completely In the abduction
and conceament OF the boy Al ten O'Clock to-day
weservelt brought the Court Of Quarter ses-
sions before Judge EIcock presiding and his trial
began. The never ceasng which the people of
this city take in this sad had drawn large crowd
into the close rooIn and the prisoner surveyed the
throng with haggard features he brought in He
has four months In close Moyamen-
sing prison. and he looks like strong broken by
constrant He is about forty years OF age OF middle
height has grzzled full black beard strong frame
and unpleasant face, of Jewish mould somewhat
THE CASE CALLED
| Immediately AFTER the calling of the Mr. Joseph
Ford counsel for the accused asked what had been
done with his application for bill of particulars before
Judge Pratt and was Informed by Assistant District
Attorney Hogert the rule had been discharged It
did appear the record and Judge Ecock ordered
that II be entered.
Mr. Ford hen read tho affidavit OF the prisoner and
what is tc, nically called the suggestion of death OF
| William ii .hcr, alias Henderson and John Douglass
alias John Clark, and the Identification of their bodies
At Bay Ru-e by the prisoner the 14th December
last Counsel said that they codefendants the
indctm and he desired 10 have the record correct
Distrc Attorney Sheppard informed Mr. Ford that
| the persons alluded TO had not been indicted. Mr.
Ford replied that they had and that their APP
pearcd IN the indictment Jointly with his client The
prosecution disputed this but the suggestion fled
Mr. Ford then called attention To the absence from
the back Of the indictment of the OF the prosecu
tor, cited the section of the Criminal Code nrnged
! thereby, and demanded such Endorsement
| Mr. Hogert replied that the indictment what IS
known as = District Attorneys Pill, sent to the Grand
| dorsement was in such case necessary.
Judge Elcock SO decided.
A COURT.
| Suddenly at this timo there a commotion in the
court room, and Mrs Westervet the prisoners wife,
accompanied by their two children, little boy OF six
and girl of eight years, came quickly into the room
The wife to the dock and threw herself into her
husbands arms, bursting into tears and kissing him
a1ectionatey. The prisoner manifested much emotion
and caressed his wife and children tenderly. Seats
furnished them in front of the dock and through
out the day they renamed by the side of the accused
man.
FAITHFUL WIFE
After the sensation that followed the scene had some
what subsded Dir. Ford rose and sad:-May 1t please
the Court Mr. Westervelt being about to be arragned
his wife jointly indicted with hun, presents herself
voluntarily and asks TO be tried with him.
Mr.. Hoger replied that this the first time Mary
Westervet had been within the jurisdiction OF the
Court, and her appearance surprise them The
District Attorney was not prepared 10 try her.
Mr. Brown, of counsel for the prisoner, said that he
had notified the District Attorney, and he repeated
the that she should be either tried or discharged
Judge Ecock said that If the District Attorney
notready he did see how she could be tried After
further argument on both sides Judge Elcock decided
that the trial Of Westervelt should proceed alone.
The prisoner was then arraigned and pleaded not
guilty. The work of securing jury being then pro-
ceeded with, panel was obtained without much diff
Guilty The following were chosen:-
THE JURY.
| Elijah Hammond, brckmaker, No. 2017 Federal
| street.
Peter Dildne grocer, No. $40 Farmount avenue.
Edward K Williams, carpenter, No 500 North Tenth
| street
| John Buckley, blacksmith, No AL South Twentieth
| street
William Price, merchant, Franklin street, Twenty
second ward.
Morris Aal gentleman No. 914 South Seventh street.
Samuel Kesser, manufacturer, No 2,030 Pemberton
street
John Hasson. carpenter, Abbotsford.
Benjamin Ii. Brayrian, chairmaker, No. % South
street
John B. Gross tobacconst, No l, $40 Frankford road
Edward X Shelmerdlne, clerk, No. s32 South Tenth
street.
jacob Herner, manufacturer, No. 972 North Sixth
| street
An adjournment until O'Clock here ordered.
The District Attorney wanted to adjourn until to NOR
row. but Mr. Fords strenuous opposition gained the day.
OPENING THE CASE
On the reassemblng Mr. Hagert opened the case for
the Commonwealth. He told told OF the
kidnapping, and accused Westervelt of knowing the
movements of his brother-inaw. The following SEN
tences show what the prosecution will endeavor TO
prove:-'Westervelt put himself in communication
with the police authorities of New York. and proicssed
to desire them in the recovery Of the child.
He from that time until the death of Mosher and
| Douglass almost every day in their company, giving
them information of the movements of their pursuers
| thwarting the police and deceivng them when he
could have given such Information would
have led to the arrest of both Douglass and Mosher.
On one occasion, when Mosher Douglass and
Nntt huAn from Nnur York m
| to commit burglary the three posted letter
from Rondout TO Mr. Ross saying that unless the sum
OF $50, 200 paid to them his sons life would be
taken. Mr. Ross failing TO meet the appointment
these men wanted him TO make they desired to change
| their pan and one night in December ut the house
where Douglass lived these three men held consuta-
tOn and ii was suggested that OF them should go
10 Europe and write letter 10 Mr. Ross from there
They TO meet again within two three days but
in the interval Mosher and Douglass shot at Bay
Ridge while attempting to rob the residence Of Judge
Van Brunt Had this man Westervelt upon leaving the
house OF Douglass after that last interview gone to the
police authorities and gwen them that information
which would have led 10 the arrest OF Douglass and
Mosher, they would not have been now in bloody
graves but would to-day have been in this court
ing for this crime and little Charley Ross would have
been restored to his parents The child IL yet i'll the
custody OF these their friends, he Is dead
Certainly when the burglars met their death at Bay
Ridge The conspiracy into which this prisoner had en-
tered was In full force, ana the child was then de-
taincd alive by them He had been in from the first,
and II the allegations OF this prosecution were estab
llsLed the prisoner was guilty OF the kidnapping as
the men who were slain at Bay Ridge"
MR. ROSS On THk STAND.
At the conclusion Of the prosecutors opening Mr.
Christian H. Ross the suffering father OF the lost child
Was called to the stand Tho time for adjournment
rived before he had reached any matters worthy of
note his preliminary statements merely repeating tho
little that Is known the familiar story oi the tragedy
He will resume his testimony tomorrow morning The
prisoners counsel will this morning insist that the Dis
ct Attorney be requested choose count In the
Indictment on which Try Westcrvelt
wITXEssEs.
The young men who killed Moshcr and Douglass, and
other residents OF Bay Ridge have arrived and will
! be examined The letters Of the abductors
about which there has been much mystery, wall also
be offered In evidence Among other witnesses TO be
examined Walter L. Ross, brother of Charley, and
who was with him when stolen; William V. Mckean
managing editor Of the Public Ledgcr; George w.
Waling, superintendent of the New York police; Cap
tain Helms late IN charge Of the detective department
OF this city; Captain Charles W. Ward, late detective
IN this city, Detective Sellick, OF New York, aud
trancIs D. Lewis uncle Of Charley Ross and brother