The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-02-12
r u B e N S T E | N
The Prisoner on the Wit
ness Stand.
THE TESTIMONY CLOSED.
Mr.. Beach Summing Up for
the Defence.

ing rapidly TO end All tho evidence both SIDES
closed shortly acr twelve O'Clock and in anticipation
| Of hearing the summing up the court room became
densey crowded ancr the recess The prisoner seemed
to be somewhat animated than at any previous
time during the trial. His appearance tho witness
stand was of short duration the main object of his
testimony being to deny any connection With the crime
with which nc is charged Messrs. Beach and Mott,
counsel for the prisoner and the District Attorney
early in court and the proceeded at twenty
minutes past ten O'Clock.
Herman Popolinsky, of No. so Mulberry street, cor
roborated the testimony of his wife regard 10 Ruben
STEMS calling for the payment Of debt on Sunday
night December II
Mrs. Rosa Rothsten testified that she went to the
wedding in Hester at halfpast four O'Clock in
company with Anna Finkelstein.
Abraham Quint was examined as to the character Of
J. P. Alexander which he said not good where
upon Alexander became somewhat excited
Jacob Seligman the next witness He stated
that he knew nothing against Rubenstein.
Barnard Semanski, whose wife going for medi-
cine when she met the prisoner, called to cor
roborato her testimony.
THE PRISONER STAND
AT this stage Pesaoh Nissan Rubenstein the prisoner
charged with the murder was called to the witness
stand by the Defence He rose slowly from his scat
and dragged himself II were to the chair designated
the manner in which he wished to be sworn, whore
upon he took from his pocket black skull cap and
placed it on his head. The oath having been admin
islered Mr. Beach asked the following questions in his
usual impressive manner
O. Are you suffering from Illness? A. Yes.
O. Through the interpreter. Does he feel weak A.
Yes
@ Did he faint during the proceedings yesterday
A. Yes.
O. Did he kill Sara Alexander9
To all the foregoing questions except the last the
prisoner gave his answers with that indifference which
has marked his department but throughout this sudden
and vital nterrogatory seemed arouse him from his
lcthargy, and, fixing his eyes the counsel, he re
piled, with sickly smile and apparent innocence ooh
no, no.
The District Attorney asked few questions as to the
physical condition of the prisoner who then resumed
his former seat.
Moses Rubenstcin and Benjamin Koseinsky testified
that they would not believe j. P. Alexander, the
brother Of the murdered girl under OATH that all
they ever heard about him that he would not pay
his debts.
REBuTTING TESTIMONY.
Tie defence having rested, Barnard Edleman Israel
Renzansky, Solomon Ncoson, Joseph Rubino and
Isdor Goldsten called and gave evidence as TO
the good character Of Alexander.
Charles ORourke. an officer in the District Attorneys
Office testified that he had endeavored TO subpoena Mr.
Wyman one Of the witnesses for the defence but that
To had left his house and could not DO found
Mrs. Hannah Brooks said she was in Mangan's drug
store after Mrs. Semanski's prescription up,
and that she arrived at home at four O'Clock,
Jane Herman and Solomon Brooks the sistsr and the
husband OF the foregoing witness, corroborated her
statement
membered paper purporting to be statement OF the
witness Kraemer Witness directed Lizzie Cook 70 sit
down and take kraemcrs statement, and IL then
delivered 10 the District Attorney /
Nathan Levy recacd-Iives AT No. 60 Bayard street.
nrAf rlt dad NJ A.
asked II he had shaved and replied in the
negative, and added that he never had beard; no
knew Sara Alexander but never intimate with
her; he visited her In Rubcnstcin's kitchen:
never lighted the gas for her; never called her his
Mr. Beach cross-examned the wtnese as to whether
he had ever cut his beard, and he replied that when
there was nothing there was no use in shaving
At the suggestion of the District Attorney the wit
went into the jury box to show his downy cheeks
and convince the jurors that he had submitted to
any tonsorla operation. The sixth Juror stroked his
chin and smiled and Mr.. Beach remarked that IL was
evident the witness was not an Esau.
The father and mother of the preceding witness |
were ncxt called and confirmed the statement OF their
This closed the case for the prosecution
Mr.. BEAcHs ADDRESS.
Mr.. Beach, when the court had reasscmbled ad-
dressed the jury on behalf Of the prisoner He said
To one generally unfamiliar with the habits and modes
of civilization and Of Law a like this would be
fun OF wonder-twclve men gathered to pass upon
fellow man. All this machinery OF jus.
tce presents its proofs and its powers (
1t to produce the irrevocabe judgment which may con-
sign human soul to death. Intelligent men acting
under responsibility like this naturally led TO IN
quire into their qualities by what right and power they
sit in such solemn judgment the issues OF which !
beyond their control Imagination when we
think OF the wonderful mystery which surrounds |
lives, OF its origin its destinies; what wonderful
capacities with which the human soul is endowed how
reves rejoces in the truth and in the exercise OF
its wonderful capacities lifted mp the kinship OF God
when we think Of these things and what may become I
of the spirit within us will lead us 10 nause be- !
nc No nncf nfsh
crime. Sad enough it is that in this beautiful /
and winning world OF ours, amid the enjoym aud |
attractions OF society that all the motives and induce
mcnts which lead Us TO higher life and lift up
aspirations sad enough is that society and the earth
are debased with the crimes of man; that amid the
fairest and the most beautiful society should be
Scared and narred by the Of those for whose
enjoyment they created To protect them TO pro-
tect us 70 preserve as Tar as We may the fair fabrics OF
society, to protect us in homes daily walks
it is essential that we should punish those guilty of I
crime, and he was the last man who would consciously
and willingly stand between the penalty Of the law and
The guilty He was in court not TO protect I
or advocate guilt; his Office was to aid
the jury, II he could in clear aud
comprehensive ard judicous determination OF the I
question whether there guilt the part OF the
chent he represented When the question Is presented
TO twelve ntellgen whether they shall consgn
follow man to an ignominious death WHOM they are
asked to lay, he had almost said a sacregous hand
upon the sources OF human life, then the punishment
or the quality ofthe issues upon which that life is TO
Cypress every actor IN the solemn drama with a
OF responsibility. The District Attorney thought the
VI jury was OlNded ne thouBnt tnat
the Court that all who engaged, shared the re-
sponsoilty with the jury. But they not delude
themselves with any such idea The jury had been
ected upon both sides certainly upon tho side Of the
defendant, with view the best intelligence
and so far as they could judge the highest consccn
tousncss TO be drawn from the panel, because they
knew that upon the soundness OF the judgment of the
jury Depended the life OF follow being They knew
that distorted and unavorable accounts OF this
too had been sent broadcast through the community.
they knew that these had the irail and feeble
and dying members Of dcspiscd race prosecuted for
cngng 70 thor faith with tcnaciiy that showed the
holiness OF Their nature. He knew, because the jury
had said so, that they had impressions in
regard 10 this case OF unfortunate character and
yet the defence, studying the principles OF law by
which the jury we're to DC guided, and that when
the human heart appealed TO IL was always
ready, the defence thought they could safely trust
in their giving the evidence which should be adduced
fair AMI deliberate consideration and they thought
so still And he would rccur TO the question as to