The New York herald., 1876-02-02

Q. And you in no way intmatod to him that you
were purchasable1 A. No, stree; didn't tell the OLD
gentleman that l would convict his son.
In answer TO further questions witness stated that
on last sunday week he had "A conversation with tho
prisoner in the jail; Charles Frtch. Of South street,
New York, and a brother Of the witness were
present during this interview; In the cell with
Rubenstein AZ the time was another prisoners hr.
Frtch and witness brother we're present there through
curiosity asked Rubenstoin how often he IN East
New York inside OF year; whether he had any prison
food and how he felt the prisoner wouldn't have any
conversation with him. but down 10 pray; on De-
cember 10 witness had conversation with the prisoner
at Police Headquarters of which Sergeant Frost took
notes; his pedigree was akon, and the prisoner told
OF his movements the Sunday previous; Rubenstein
would not answer all the questions and witness left
him In disgust; witness had been arrested IN Third
avenue, Brooklyn, nine years ago. for lghting while
going ire, and discharged; when thirteen years
old arrested suspicion OF burglary but told 10
80 home by the judge as the arrest mistake.
q. Did you in the course OF your examinations in
this case in New York any threats TO intimidate
persons from coming over TO BROOKLYN A. NO;
spoke, intimatng II would be unpleasant to the pres
dent OF the synagogue Of Bayard street, also TO the
vice president and secretary.
Witness said he had found persons who were in tho
car with the prisoner and deceased Sunday night
December IL and brought them to the jail 10 observe
Rubcnstein.
District Attorney Britton objected to the witness
giving the names Of the persons who rode in the
with deceased and the prisoner that night as II
abes the defence TO tamper with the witnesses for the
people They should not gvo the names and addresses
in advance Great efforts had, nc thought, been made
by the defence obtain witnesses to testify TO that
which is not true not by the counsel but by others
"a
those witnesses.
Mr. Beach retorted warmly to the asperson sought
to be upon the defence IN alleging the design to
tamper with the Witnesses; but they wanted 10 know
what the method of attack OF the prosecution that
in justice they might defend their client
The District Attorney replied, making the point that
the defence had right IN the early premi narles OF
this trial. seek obtain from the prosecution the
disclosure of the names and residence OF the Witnesses
and what they propose TO testify.
Judge Pratt said that it was scarcely right that the
defence should seek TO the residences
whom
The witness the stand may give the names Of those
persons who taken TO the jail and failed TO iden
tify Rubensten
Mr. Beach said they proposed to show that the wit
had tampered with these Witnesses and that was
material.
Witness said he took Christina Walters To the Jail;
Louisa Kerr OF No. 1853 Second street, New York,
taken by witness to the jail but she did not recog-
District Attorney Briiton agreed finally, to furnish
the names and residences OF all the witnesses during
the day, which promise satisfactory TO Mr. Beach.
Witness, Tesumng, stated that he had talked with
Miss Kerr three times tor the purpose of refreshing her
recollection 70 having Rubenstein on the car;
had taken nobody else to the jail who had failed TO
Redirect-Asked the father Of the prisoner II he was
angry because he cool with when entered the
store; the conversation with Pesach Rubenstein at
Police Hcadquarters his answers were consecutive;
had frequently heard him speak IN English; when the
alleged threats made told them that If any
in New York attempted to come over here to swear
false for money that the Court would take him in
hand; that was the only threat made.
Officer Herbert recalled-fhere nothing in the
way Ol ior tuo heau AOuhu Win tue oOuy'
THE PosT-NoRTEM.
Dr. Warner Shepard testified that for ten years past
he had held all the in the western District
Brooklyn; in company with Drs. Nesbitt, Cotton,
Brady and others made the post mortem cxami-
nation on the body Of Sara Alexander at
of the cuts on the throat and hands The inter-
nal organs were healthy; the womb distended by
pregnancy and child i've months advanced in uterine
lie removed therefrom; the body five feet
three inches in length and was well developed, though
OF petite build the doctors discussed the matter as TO
tho frOm WI he ware CIV and
formed an opinion
Mr. Beach objected to witness giving that opinion
District Attorney Britton cited authorities favor OF
the admission OF the surgeons opinion upon the drec
ton from which the blows dealt He then put the
question as to whether the blows were dealt from right
TO left or lef to right
witness-From left to right with reference to the de-
ceased the instrument which inflicted these wounds
was, in opinion, drawn from the left to right
BY Mr. Beach-Found in the stomach some vegeta- !
bic matter, could not with certainty judge it TO be
cabbage; should judge deceased TO have been about
twenty years OF age; the child alive before the
mother died; the knee was slightly scratched IL was
thought from the appearance Of the body that she had
struggled on her knees; strong for person of
her size; Rubenseln in the Jail shortly after his
arrest: he was prostrated from nervous shock about
three weeks ago tooth extracted by witness from
the prisoners had found also that the prisoner COM
planned OF hemorrhage but failed to detect airy tuber
cuar derangement whenever be had the prisoner
the latter appeared 10 be suffering from debility should
say the prisoner is feeble and prostrated but could not
tell the cause OF it; it could not be definitely said
whether there had ever been any prior conception by
the deceased girl
EX-SergCant
testified that he present when Oflcer Zundt
brought IN the prisoner Rubenstein on December Is
made memorandum of what the prisoner then said
interpreted TO witness by Zundt
The District Attorney read the memorandum, which
set forth the movements of Rubenstein on Sunday,
December II, as before stated
BY Mr. Beach-wroto down the answers we'll
he could understand them; the prisoner spoke frc-
quenty in broken English; didn't suppose the inter-
prefer gave the exact language, but he gave 1t as
as he could.
Patrolman Thomas Clifford, of East New York, test-
Al eko h. eha hnHxr xr1tf Tho fuffAn and
noticed that the shoes on the feet Of deceased were
very muddy the shoes shown the same the dirt is
the that is them now the boots were taken
of Rubensten by Detective Powers, on the evening of
December Is the First precinct station house the
boots taken from him are the same shown now there
was mud on them then than there Is now; the
mud on the boots little darker than the earth
the shoes there spots the boots that looked
like blood; the largest spot was larger little than
three centpece and little ragged at the edge wltness
pointed out spot the night boot; there was spot
on the loft foot boot which Professor Eaton cut OUT
procured some soil from place right near the corn
stack and gave the specimen to Professor Eaton the
soil exhibited Is the same on the afternoon OF De-
cember Is, in company with Ofhcer Newman, made
examination of the Held, and found the
track OF woman and man where they got
over the fence. Witness examined the diagram, and
designated thereon the of the footprints Tho
footprints direct line for 800 feet south and
there the womans tracks found on the left of the
mar; the footprints were plain, as the ground had
after they made; around the stack II
was trodden good deal; on the 10th the boots were
fitted by Detective Falk and witness the footprints;
they fitted exactly the sole cracked, OF patched,
and the print at the of the boot heel larger than in
front; the shoes also fitted present when Procs
Eaton took little substance from the sole of the
boot; saw HIM also take some yellow mud from the
heel
BY Mr. Beach-On Thursday, when witness went to
the field, the ground was just Little soitened on the
surface; there was patch on the right loot boot which
made a seam; 1t showed Monday night but very
little; the patch on the boot on the inside Of
he track the imprint Of the patch was not as percept-
bic on Thursday on Tuesday.
The boots were shown the jury, by consent OF the
District Attorney and were handed from one to the
other and closely examined
Witness said Il seemed If the toe OF the boot the
outside didn't touch the ground the fence the
whole imprint of the boot inside and outside, OBJ
tanned; the patch the right foot boot the
smallest of the two noticed tho wearing OF the heel
because the imprint in the soil deep; wit
ness said he had been three years the police had
only been busy the about three days
10 District Attorney-Notced yellow mud on the in
side toe left boot the centre, between the
sole and heel