The New York herald., 1876-02-02
r u b E N S T e I N.
Second Day Of the Trial Opening
Of the Prosecution.
Testimony Of the Coroner and
the Surgeon.
THE TELL-TALE FOOTPRINTS.

Shortly after ten O'Clock, when Judges Pratt and
Moore and the Associate Justices Of Sessions took
their the Bench in the Kings County Court Of
oyer and Terminer the court crowded to excess,
while the corridor of the Court House Gled with
eager applicants for admission. The latter were
formed in line, and were kept in order in manner
which recalled to the veteran attendants OF that build
ing the time Of the great scandal trial.
The prisoner Rubenstein early IN his seat by the
side OF his counsel. Messrs Mott and Beach, and bore
the corpseke expression and nervous demeanor
which has characterized all his public appearances
since he was arrested for the murder The father
brothers and ssters-in-law of the prisoner were
present during the day, and whenever opportunity
presented they engaged whispered conversation
with HIM In their native tongue The sister and
brother Of the murdered girl who first cousins Of
Pesach Rubehsein, were also IN attendance,
OPENING FOR
District Attorney Brtton opening the for the
people, dwelt briefly upon the responsibilities Of the
duty which devolved upon the jury and himself in
their society in this trial. 1t Is he said for
the District Attorney representative of the people, TO
be just honorable and consderate The Court sits to
pass upon the questions of law but the jury alone have
the responsibility of the result 1t is for the jury
say whether this man is guilty or innocent Society
demands for its protection that crime shall be punished
and they there settle whether had been
committed, and If IL had to punish the criminal The
prisoner born in Russia, somewhere the confines
Of Poland and to this country i've six years
ago. Sara Alexander, the deceased, was young and
camo to New York three years ago from the
prisoners native place She was his cousin
and lived in Essex street. He lived in Bayard street
and they very intimate. on December 12 the
prisoner left his father's house about four O'Clock
the afternoon II Sunday. Soon after she left the
house They would be able TO show that the de-
ceased and the prisoner crossed to Brooklyn and
took the cars to East New York. and when within a
quarter of mile of the place where the body was
found they got of and went to the spot where the most
brutal of murders committed. the body remained
there from Sunday night till noon on the following
Tuesday when it discovered and taken in charge
by the Coroner. Probably eye but the eye Of ON
niscience looked upon the commission of that deed;
bat the circumstances will so clear that no eye wit.
ness could clearly point the criminal than do
those which will be recited during this trial. Men
punished for the reason that it is right that
wrong should meet with its punishment; that
society may be accorded protection and that justice,
may be DONE The counsel for the prisoner learned
and his defence able that If convicted
complain of injustice But tho law is respecter OF
persons Treat him with all tho consideration that
you would one of your own. In conclusion Mr.
the testimony on both sides in all its bearings ''and
then under the charge of the Court such
dict as your conscences VIII approve, and then no
person will be dissatisfied with you"
The first witness called was Martin Segeern. who
testified that he lived with Diedrch Wessell East New
York; is farm laborer; December IA he found the
body of woman IN cornaeld, on the ground behind
stack of corn; these stacks at tho
lower end OF the field near the fence, the farthest
of froms the plank road; there a shawl
lying by the side the body; the corpse was about
G
the back and was all cut about the neck; witness
went and informed Mr. WesscI who. in company
with two other men, went and viewed IT,
On the crossexamnation witness said he did not 90
nearer than four feet to the body there are about
twenty-five acres in the lot, but two acres OF which
planted with corn; didn't see any tracks of men
there; ii was very clear night on Sunday December
10 there was a slight fall of snow on Monday night
and the ground partly covered; Tuesday, when
the body was found it was clear and cold the body
was frozen TO the ground.
Dledrch VESSEL testified that when Segelern told him
OF the body he went to the place Indicated and viewed
it, the corpse 400 feet from the road lay along
size the corn stack-about foot-the head to the
west; witness pulled down the clothes, which up
at the time and then reported the discovery to the
police
On the CROSS examination witness said the place
where the body lay in the field was block and half
from his house; she was dark complexioned person;
tho face black with blood; did look for tracks
about the place the day about half warm and half
cold the clothes were up about her waist: she had no
drawers-nothng but stockings her clothes not
otherwise dsarranged her right hand raised above
her head: did not notice how her hands were cut: on
Sunday afternoon, December IL, witness went down
the road with his wife and left his daughter at home;
he returned about halfpast o'clock in the
ing; .had never seen deceased before he found her
body.
Thomas R. L Mills, City Surveyor who drew dia-
gram OF the premises OF the farm the Jamaica plank
road under the direction OF the Assistant Dstrct At
torney and the police. testified the meaning OF
the lines and marks tho drawings which
shown TO him for Identification by Mr. Britton. The
diagrams were placed in evidence.
Thomas Herbert, roundsman OF the East New York
police, testified that on Tuesday, December Ia, about
half past Oclock he visited the place whero the
body was lying; there were patches OF mud on her
knees; witness drew the clothes down her limbs;
there gashes the neck and on the right wrist;
the body frozen there in the In the
neck and on the clothes found thmbe a three-cent
piece and piece Of muslin the pocket Of the dress;
placed the shawl over the face; (the shawl shown
witness who recognized II as the article 20 which ne
alluded the edges OF the cuts the neck had been
eaten by ground mice, and the corn stacks were filled
with ground mice; the earth was quite soft top
Tuesday afternoon; Sunday evening until twelve
O'Clock at night rather warm and people were
going round the village without overcoats.
Cross-examIned--Did not notice the tracks OF moro
than two pePsons about the corn stack did not oc-
to witness that any struggle had occurred; there
mud the top Of one Of her stockings. ap-
parcnty as though she had been on her knees; hor
legs drawn up that the at OF her feet rested
on the ground; there was cut on the PAIN Of her
right hand, she looked like a mulatto: her skin was
very dark her LEFT hand was BY her side both hands
were open.
Re-drect-The soil as you get the fence Is light
but where the body found IL darker; the soil
on the knee OF the body was the same that which
prevails the stack.
Oficer Brophy testified that he guarded the body
from the time 1t brought TO the attention OF tho
epolioe till the Coroner arrived when it removed
TO the station house at East New York; was taken
away from the cornned at halfpast four O'clock
CORONER srMNs' TESTIMONY.
Coroner Henry g. Smms testified that he ordered
the removal OF the body TO the Station house: tho
shawl shown the which found with tho
body; the prisoner we brought into tho Morgue
Immediately after the post-mortem and was shown
features OF the body; asked the prisoner II he recog
nized the body SARA Alexander - he said he did,
and appeared nervous and cxcited about thirty per-
sons were present st the time when he round
look the body he assumed an attitude OF horror he
threw up his hands and drew back, at the time tho
BODY was found knife picked up by by Ser
gcant Meeks; the knife shown Is the same 10 which
auude.
Cross-exanined-The body vas frozen by her own
gore TO the ground: her hands drawn up: the
limbs were covered with the shawl did not know how
well the prisoner understood English or what was said
TO hlm.