Evening journal., 1889-10-10
THE RACE RIOT.
THOMAS ROGERS ARRA'GNsD FOR
THE MURDER OF THE POLE.

Castle for the murder of Francis Jan
kowsky on the night Of the New Castle
riot began this morning The hands Of
the clock on the court room wall stood at
ten minutes past 10 o'clock as the tip
slaves escorted the prisoner. Thomas
Rogers. to the dock. He was dressed in a
suit Of dark plaid cloth and wore
turned down collar and black tie. His
face was freshly shaven and his eyes
were deeply sunken.
Chief Justice Comegys. Judges Paynter
aud Grubb were on the bench.
Tue clerk OF the court opened the case
by calling the drawn Jurors one by one
and they were examined. The prisoner
was represented by Senator George Gray
and Levi G Bird, Esq. Attorney General
John Biggs and Deputy Thomas Davis
conducted the prosecution
Each witness was asked by the defence;
Have you formed and expressed any
opinion touching the guilt or innocence
Of the prisoner at the bar2'
The State asked: "Have you any con
scientious scruples against finding ver-
dict Of guilty in case where the punish.
ment is death If the evidence should war
rant you in finding such verdict?'
These questions being answered the
prisoner look uDon the Juror, do you
challenge him2'
Seven jurors were accepted aud thir
teen challenged or excused in the first half
hour. The defence challenged the
Greater number. After that the number
of accepted kept at a standstill. The
jurors were called in the following order
Harlan Highfeld accepted; James
B. Ware, challenged by the
defense; Oliver G. Lyman, challenged
by the defence; Charles w. Collyer
challenged by State; James Habberd,
accepted; John W. Voshell, challenged
by defence; William F. Rothouse said he
had formed no opinion, but might have
expressed one; might have said, IF
p prisoner was guilty he should be hung
challenged by defence; William e. Evans,
challenged by defence; Orlando G. Nc
Gargle. accepted James M. Donnel, chal-
lenged by defence; Henry teech accep.
ted; Walter + Southgate, had conscien.
tions scruples against a sentence OF
DEATH Richard w. Edwards. accepted
Charles Walton, defence; Wellington N.
Frazer, accepted; George Cloud. defence
George B. Jester, accepted; Alexander
Mitten, defence; James McCloskey, was
excused on account Of age George D.
Armstrong. Howard E. Finn and Daniel
d. Davis, defence; William Dixon, State
Samuel Moore and Frank Pordham, had
conscientious scruples George Widow,
! had chills and was consequently excused
Samuel Aiken and VIM +. Sutton, State
Alexander B. Corbit, conscientious scru
pies; David e. Mayne. State; John g.
Kelley, defence; Joseph A. Brooks. &C
I cepted George D. Hickey, defence
? David Steele and G. w. Aiken, accepted
! Walter S. Leatherbury, defence; Edward
Hance, conscientious scruples; Cyru
p Carey, defence Robert w Higgins, &C
cepted; VIM Rothwell, accepted; Theophi
? lus Davis, conscientious scruples Nathai
Lieberman, defence; Samuel p Robert
and Thomas Cochran. state; George u
Z Townsend, defence This exhausted tn,
panel, eleven men having been accepted
out OF forty eight. Before calling up any
J talesmen the witnesses. of whom
I great many are citizens Of New Castle
: were sent from the court room to separ
Z ate apartments
7 James @. McComb was called an,
: sworn, but was challenged by the State
William w. Prickett was accepted b.
= the defence, and as the State had ex
, hausted it's challenges, he was sworn
This made full jury box, which wa
filed in just one hour and twenty min
utes. The defence had challenged nine
teen jurors; the State had challenge,
eight; six had conscientious scruple
against the death punishment; two wer
excused on account Of age or sickness.
y The jury to try Thomas Rogers con
Q sists of the following men: Harlan High
q field, James Habberd, Orlando c. Nc
e Gargle, Henry Leech Richard w. Ed
l rvorda Wallfpnrfor Eroyav Enaro., u
u Jester, Joseph A. Brooks, David Steel
= man, g. W. Aiken, Robert W. Huggins
: William w. Pritchett.
s. Clerk Cochran then read the indict
= ment found by the grand jury to whic
= Thomas Rogers, the prisoner, ha'
d pleaded mot guilty" The family of tn
> prisoner were present. Deputy Attorney
General Thomas Davis opened the cas-
y for the state by stating the law govern
Is ing the degrees of murder. He also state
'e the points on which the state expected I
find the prisoner guilty as indicted
u Frank B. Carswell was the first wi
70 ness for the state He with Attorney
General Biggs had made plot Of til
O. scene Of the Dobbinsville riot.
O. Francis T. Cariin, aged is years, test
fed that he with some companions hear
81 OF scrap" in Dobbinsville and went I
:, that place. They stopped at Barne
10 corner, then went to Leonard's Hote
y After they left there they went to tn
y mill row, and then separated. Wen
to pond and then along
i. corner Of Mrs. Deans fenc
ba where he saw George Brstton al
n Thomas Rogers come up. Both had gun
- They went up al alley. Witness saw
y Pole dressed in white clothes come out
~, ~ back door and 60 towards water close
,s Witness saw Rogers point his gun at Il
:, Pole, heard report of the GU
/! and saw Jankowsky fall Witnes
= walked up alley and met Rogers comiI
~ out. Witness told Rogers You hay
"a killed that man. Rogerssaid something
- but he did not hear it, Witness tol
8, McGrury that a man had been killed al
N that Rogers killed the man. When
y. returned saw some men taking Pole Of
y y of window. Waited around there unit
~ he saw Mayor Hanson an
y the police force come on
~ Helped take a man to the jail and sa
i. Rogers there. Rogers drew witness a
~ tention Rogers said: Il am sorry 4
=, what I've done. Witness said There
W no use being sorry, for it is done. Roge
= said Don't you say anything about
~, and III never forget you" Then the
y parted Mr. Biggs asked the witnes
: whether he had related this conversatio
y at previous time but the question "
y objected to and ruled out by the court
Levi c. Bird, Esq, cross examined d