The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1879-05-28

he had arrested on the night in question.
Cross-Examination by Gannon-Ihere
are boards on the upper deck OF the
bridge. They are about 10 inches wide. |
The prisoner was very cool; he did not
reel; he did not stagger then; there was
no irregular motion. | should say he was
not affected by spirit saw Geo. Penn
berton strike him across the shoulders aud |
thigh; he was holding back, resisting; Mr..
Blackburn told the prisoner he had killed
one policeman. | cannot remember that
Blackburn cursed him, he may have done
so; there was something said perhaps. l
did not curse him. Witness here gave a
description of the BRIDGE Blackburn was
10 his carriage when Kavanaugh cursed
him. | was not in the court room when
Mr.. Pemberton was being examined.
Have spoken to Mr.. Pemberton of the
occurrence since it happened; we have
talked over the matter but not the whole
occurrence.
By Beardsey-You state that Mr..
Blackburn was the only one that Jack
threatened.
Ayes. sir.
No material points other than those
already adduced, were brought out on
cross examination of the witnes,
James Manly was next sworn. This
witness testimony was mainly in regard to
the arrest of Kayanaugh and the CONVEX
sation in the buggy going down to the Jail.
He reiterated his testimony given before
the coroner's jury and confirmed Capt
Blackburn's evidence.
Mas. AMANDA THEYGART.-Sworn:
RoSentield was my brother. saw him
the morning of March 18th; he came up
stairs about o'clock the night he was
murdered; he was on the police force; l
saw him before he got his lunch, but not
afterwards; he staid about fifteen minutes;
he never staid longer than that. Next
saw him when he was brought home dead.
Ii was about 2 o'clock No cross-examina-
ton.
At the close of this examination Major
Beardsley stated that the people had two
more witnesses, DR.. Truesdale and Mrs.
Rosenfeld, and when their testimony was
in the people would probably rest the case,
Mr.. O'Mara objected to any further ev-
ideuce as to Mr.. Rosenfeid's death; there
was no question of that fact; the defense
would admit the fact. The court should
which was to influence the jury.
Major Beardsley claimed the right for
the people to exhaust every means to Sc
cure full evidence of any and all facts.
The court finally ruled that the evidence
should be received, and court then ad-
journed until $50 o'clock this morning.
WEDNESDAY MORNING.
DR.. G. TRUEsDALE:-HaVe lived here
25 years; been physician 30 years: live
at northeast corner 18th street and 9th
avenue; was called to attend Rosenfeld /;
knew Rosenfeld we'll; when | met him be
was breathing his last; the wounds could
| have been caused by stone or club, If by
club, it would require more than one
| blow to crush the bones. The fracture on
the back part Of the scalp was caused,
think, by the same instrument as the others.
The wounds must have required dozen
blows to infict. / should say at least q
dozen; a stone, brick, or a club, either
|
Of the wounds The wound that killed
the man was evidently the fracture Of
the skull and the confusion of the brain;
it was a clear moonlight night
Cross Examined by O'Mara-The frac'
ture behind the ear was caused | think b.
repeated blows; there would likely be &
cut it the sharp point OF q stone were
used; blows with cane could make sucf
wounds as those given. think there were
quite a number Of blows given the eyel
we're swollen.
Question by O'Mara-W Guild u man il
the position Of Rosenfeld be likely to turf
his head.
No, sir.
Q-After he received the blows 20,
describe, would he be able to hold mai
down and pound him five minutes?
A-No, sir; blow with the cane woult
not make such wound US that on tn
forehead: it might have been caused b.
the toe of boot. The night in question
it was sufficiently light to distinguish
man across the street; there are no tree
that, under the circumstances, would hay
cast shadow over the place where ROsen
field lay
By Beardsley-Reside in the Dcighbor
hood of where the body lay when found
! ELIJAH GARTER, sworn-Witnessr relate
. the circumstances surrounding the deaf
of Rosenfeld, in so far as it related to IL
/ fading of the body. His testimony va
merely corrobOrative Of Mr.. Spencer, an
, others who were present shortly after 10
was found. Witness here proceeded t
, detail the character of the wounds, bu
Nr. Cannon objected. Objections not su;
tanned, and witness went on and describe
{ how he was hurt; he was dead when &c
there; his clothing was bloody; it was
. clear, moonlight night; saw some stone
\ and brick; also a cane; (cane shown t
witness). This is not the cane; the cuue
Q found | afterward found it belonged t
n Mr.. Stombs, the bank Waterman.
/ BY OMara-lt was probably about
e o'clock when | was present at the scene {
the murder.
e At the conclusion of Mr.. Carriers test
E; mony, there was a short consultation /
:, the attorneys for the prosecution aud the
! Major Beardsley announced that the PEI
: pie rested their case. Before the deiens
|, called their witnesses, however, the PEI
: pie asked permission to recall DIR. Carte
as to wound, on Rosen6cld, back Of tt
j ear, and counsel for defense objected, b,
G the court ruled that he be recalled
answer the point 10 dispute. He was r.
/ called, answered one question, and was di
0 missed.
! Mr.. Foster then arose and asked as
privilege to make a few remarks which, b
,, said, be thought ought to be made in ju'
fire IN tha cn11rt % hirnselt md u The No