The New York herald., 1876-02-11
RUBENSTEIN.

EFFORTS OF THE DEFENCE TO PROVE AN
A11BI-r TESTIMONY AS TO THE WHEREABOUTS
OF THE PRISONER ON THE FATAL NIGHT
Few interesting features were developed in tho
Rubenstein trial yesterday, which continued in
the Kings County Court of Oyer and Terminer The
prisoner, who is almost entirely shrunk up in black
overcoat soems as lislcss ever and, with the
ccption of tho time occupied by the short recess,
scarcely shifts his position. He appears to be
moved by the testimony, and generally regards all tho
witnesses with meaningless expression. The frc-
quent little brushes between opposing counsel the
laughter occasionally created bymany of those called
upon to testify whose knowledge of English is rather
limited do not affect him. No perceptibe change
was visible appearance yesterday though shortly
after the recess he became weak, and, being the
point OF iainting, was taken TO the open window,
where the fresh air quickly revived him. His coun-
sef Messrs. Beach and Mott, were promptly hand,
and after the called the trial was proceeded
with.
". Magnus, druggist, of No, 6sS Edrdge street, was
the first witness examined and testified to having pre-
pared prescription for Mrs Sammitts sick child
Tho next witness was Mr.. Bechlstslk a Hebrew
slaugherer who testified that he Jacob Abst
that he remembered the 18th OF December last The
witness about to proceed with his testimony whom
the District Attorney asked him why he testified with
his hat on and be replied that it part OF his
lgious belief and that whom he went into church
lawyers Office he Kept his hat on
Mr. Beach objected TO this examination on the
ground that 1t was matter OF individual belief and
conscience Several Hobrow witnesses had been sworn
with their heads uncovered and the question should
be thoroughly understood, so that they might bo re-
called If necessary to be sworn IN manner that was
binding on their consciences.
Judge Moore thought that the witnesses could not be
impeachcd in that way.
The District Attorney intimated that he might raise
that question hereafter.
The witness, in reply TO Mr.. Beach said that II he
had sworn uncovered he would also have told the
truth
TESTIMONY OF DORA RuBRNsrEIN.
Dora Rubenstein daughter of Asher Rubenstcin, Of
No. "a Bayard street, testified that she worked as
alloress for Mr. Feiknsten at No 35 East Broadway;
Sunday, December IL she worked until eight p ~,
and when she home she saw the prisoner, who
stein and wife; Pesach Rubensten sat close to thom.
LOUIS Fekinstein corroborated the testimony Of the
previous witness to the effect that she left his house at
| eight O'Clock on the evening in question.
Sara Bobolinsk taioress Of No. 60 Mulberry street
testified that she had known the prisoner for three
years and half; she had heard OF his for tho
murder OF Sara Alexander, and added that hc did
do IT," he to her house the night Of the 18th
Of December look for her husband TO get payment
| for a gold chain he bought two years ago.
Rebeoca Moseliski Of No SO Bayard street. testified
that she knew the prisoners he had TO pass through her
at homo when the prisoner went to bed on Sunday De-
csmber II
Joseph weincr, physician testified to having at
| tended the prisoner IN April and May, when he was
very low with Brights disease the disease in ad-
vanced stage ncurable; If only kidney al
fccted life could be prolonged; the prisoner he
sdered in the ncurabe stage and was also suffer
! 0flcer Edward Hanlin of the Sixth precinct police
station, testified that part OF his "beat was in Bay
ard street. where great deal Of poultry killed.
0fccr William Mackey also testified to the killing CT
poultry In that vicinity he saw blood the pavement
! on both sides OF Rubenste:n g house
! Lena Frankesten testified to having worked with
Sara Alexander for Mr. Fnkcnsten, In Division street.
sGr e. eeSpt week saw sara one night taking with
her death; they were walking along Caharine street.
between ninc and ten O'Clock; She did not see the
! mans face.
Annc Fiukcnstcin testified that she was at tho we'd
ding of Miss Meyer, December IL in Hester street,
and the Silvcrmann girls there she danced with
Annie Sivcrmann; sho left the Silvermann girls be-
hind, and in reply to the question whether she
versed with thom said you cannot speak much when
! percnce is otherwise, which elected much laughter.
Eugene Ring, paying teller Of the Bowery National
Bank corroboratcd the witness Cohen, who testified
that he got check from Jarnalowsk Co In favor Of
, = -. .suvv"..-.-, --.y.. .-.s...-, :, --..
1itOr the recess Minnie Levy was called to Tho VII
pcss stand and 10 reply to Mr.. Mott testified that she
fesided at No III Mott street, remembered hearing OF
Rubenstein's arrest on the day preceding she went 10
! Columbia Hall With others to wedding; remained
thcro until ten O'Clock, In company with Anna Silver
| mann; was present when the rabbi performed tho
marriage ceremony, after which the dancing com
/ To tho District Attorney-It was haIf-Fast four
O'Clock when left the house to go to the marriage.
! = f. Cohen was next examined. Resides IN lndlow
street remembered hearing Of the arrest OF Ruben
stein for the MURDER witness attended party In Lud
low street the day previous several members OF the
Rubenstein family we're there; they LEFT about ninc
O'Clock.
Jacob KantrowItch stated that he had never taken an
oath. He resides al No 80 East Broadway; heard OF
Rubcnscin's arrest Tuesday after the murder; on
the Sunday preceding be at party at Cobn $
house Ludlow street; several Of the Ruocns'eln
family were thero
To tho District Attorney-I attend the syna-
cocue as the Rubcnsteins; the reason | declined 10
be sworn Is because forbidden by my faith TO swear
Mr Bcach-fs there anything in your religious iaith
when forbids you swearing on tho Bible on proper
occasoni A. You cannot swoar when there Is not any
use OF H. ~