Evening journal., 1889-10-11
Tomorrow at SITS.
HAMBURGER's SHOE HOUSE,
zoe Market St.
PROVING AN ALIBI.
ENCOURAGING EVIDENCE IN THE
ROGERS CASE.

Proceedings of Three Sessions of the
Court of Oyer and Terminer-The De-
fence Make Encouraging Efforts TO
Prove an Allbi.s
After the noon recess yesterday, the
court reconvened at !. 30 p. M, and the
trial of Thomas Rodgers OF New Castle,
for the murder Of Francisco Jankowsky,
the Pole was resumed Mr.. Bird again
proceeded with.his cross-examination of
Francis Carlin, the main witness for the
State. The following witnesses were
also called, examined and cross
examined. Annie Jalowski, the
woman with whom the murdered man
boarded, She stated that Jankowsky
was in the cellar with her. He started
ont. She told him not to 60 or he would
be killed. He replied that IL was safer
TO 60 out for he would be killed If he
stayed there
Wilmer Hanson, mayor Of New Castle.
testified next. Mr.. Biggs asked him what
Rogers said when asked by him If he
had any questions to ask Carlin at his
preliminary trial. Mr.. Bird objected to
Hanson answering that question, as he
had not taken down the proceedings OF
that hearing.
Detective vandegrlft was put on the
stand by Mr.. Biggs TO answer this ques-
tion. MIR. Vandegrift stated that he had
written down the testimony. When
Rogers was asked whether ne had any
questions to ask Carlin or anything to
say, he replied: HE tells a pretty
straight story" Mr.. Vandegrift re
marked: ''Yes, as straight a story as |
ever heard, to which Rogers replied Il
admit he tells a straight story.
The other witnesses we're Frank Nc
Grery, DIR. R r. Tybout John A. Shuc-
hardt, Frank Shuchardt, George w.
Jones and Samuel Lane. Their testi-
mony was not of much Importance. It
was then 6 o'clock and court took a recess
until z.
| The defence opened in the evening,
George Bratton, who was with Rogers on
the night of the riot, said he heard that
Owen Cavanaugh had been stabbed. BE
went to Cavanaugh's, and then to To-
mans. From Toman's he went to Dob
| binsville, and saw a crowd of men.
John Barnes and Rogers had
guns. Witness went home and
got his gun. Robert Martin asked
him what he was going to do with his
gun, and be said: Protect my wife and
family, II necessary Witness stopped
boys from throwing stones at Hun
garians. Witness then took drink OF
water from the pump In front of
Leonards and prisoner did likewise.
Then Rogers went home and put away
his gun. When he returned he
had on a coat. Witness and
Rogers stayed around there about
an hour, when they heard a man was
killed in Hungarian row and went up
there From the time Rogers returned
from his home TO Leonard's he had no
gun. Witness was Rogers bTotherin
law. He denied having heard any sigma
to march being given to the crowd.
Henry Taylor testified that he talked
with Rogers, who had gun; when Rog-
ers left he said he was going to take bis
gun home. When he returned he had
no gun. Witness did not hear that a
man had been killed until the sheriff
arrived. At 10 o'clock court adjourned
until 8 o'clock this morning.
This Mornings Session.
At this mornings session Of court tn,
case was continued. John Rogers
brother of the prisoner. was the frsi
| WAIut6Ss 0AaJ CnAtdNtLtA W HAQNt
an alibi by him. The witness was par
ticipant in the riot, but got ou
, of the fracas before the shooting began
He told the story of his travels abou
} Dobbinsville on the night of the riot
The prisoner was with him the most o.
the time. BE was near the Hungarian
3 row at one time while some boys wer
{ stoning the houses. Later tn,
! prisoner went TO his house an,
put his gun away and they returned tc
Leonard's corner, on which was a pump
While there some one said something
and the prisoner went away. A shor
!, time after witness saw him again nea
I the row, when the mayor and sherii
were there. Witness took prisoner t
:, the Jail at an officers request.
On cross examination by Attorney
! General Biggs, the witness said he hearC
: the breaking into the Hungarians' houses
but did not see 1t. He also heard tn
q shots.
Mr. Bird, at this point, demanded tina
! the State c3nclnde its evidence, which
j sasrendad Yesterday on sseonnt NJ ~
{ assencv vi witnesses. hir. bisss caiio
James b. Toman, who answered q fe'