Daily Republican., 1889-10-10
FOURTH EDITION.
On Trial For His Lie.

ing, hut as Judge Grabb was not present
ITO busir ess was transacted until alter be
came 10, at 3. ~ o'clock, Cleik Cochran
then called the names OF the general and
additional Jurors, and all except nine an
swered, two Of which 1t was stated were
excused for cause.
AT 1918 O'Clock Thomas Rogers, who
Is insicted for the murder OF the Pole,
francisco Jakowszky, at New Castle,
during riot on tho night OF September
Z, was brought In and placed In the doak.
Immediately afterward the curt
ordered that a jury should be drawn, and
the following were selected: Harlem
IiiPlfield, James Habberd, Orlando q.
McGarsle, Henry Leach, Richard W.
Edwards, Wellington W. Frazier, George
B. Jester, Joseph A. Brook, David Steel
man, George W. Atkins, Robert NJ.
Huggins and William w. Pickett.
The defense challenged the following:
Oliver T. Lyman, John w. yosheil,
VIII am Il. Evans, James NJ. Downes,
William y. Rothouse, Charles Walton,
George Cloud, sAlexander Mitten, George
Z. Armstrong, Howard c. Flynn,
Daniel 7. Davis, John IL. Kelly, George
G. Hickey. Walter y. Leatherbury, Cy-
rus d. Gears, Nathan Leibermap, George
NNei Ass AOWhoF
The following were challenged by the
State: James w. Ware Charles w.
Conner, William Dixon, samuel Aikens,
William Y. Sutton, David II. Bayue,
William Rothweli, Samuel B. Roberts.
Thomas CocHfan'aifd james c. McCombi
The fe,lowiug bRfd censcienstfSua
seruplss:.i WalleSS S5dthgAte. Sam ueI
Moore, Frank Pordhkih, Alexander b,
Corbit, Edward Kanf and Theophilus
Davis. j 70
James McCloskcy and George Whit:
took were excused for cause.
When the eleventh jurer was secured
the panel was exhausted, and talismep
were drawn. 1t was, however, only
found necessary TO draw two, until the
remaining juror was secured.
The defence challenged ID, being with
In two Of the number allowed, BY law.
aud tho State challenged 10, being the
full number allowed.
As soon as the jury was complete the
Chief Justice discharged all the other
Jurors from further attendance at this
court. All the Witnesses In the case were
excluded from the room, those for the
defense going into the law library, and
\ the others in the witness room.
Clerk Cochran then read the long In
dictment, charging the prisoner with
murder OF the first degree, after which
Deputy Attorney General Davis made
the opening to the jury on behalf OF the
State. He defined the different degrees
OF homicide, aud after briefly reviewing
the case stated what he proposed to
prove. The examination Of Witnesses
was then commenced.
Frank X. Carswell was sworn and ex-
pla'ntd draft which be had made OF the
premises where the shooting occurred.
| Francis 7. Carlin was sworn, and tes-
titled that he wss lS years old last July,
and lives In New Castle. He was 10 New
Castle the night OF the riot, and went
over TO Dobbinsville about IL O'Clock.
There were three men with him, and they
starte from James b. Toman's. He
neard there was a scrap going On, and
went over to zee about it.
He was at Dobbinsville about 10 min
utes and then went TO Martin Leonard
hotel and after coming out stood abou'
live minutes. TIE witness then wen
toward the row where the Hungarian,
live and from therJ toward the pond
then TO the corner Of Mrs. Deans fence
After standing there two or three min
utes he saw the prisoner ard Georg,
Bratton come up; both had guns In thel
hands. They went into an alley, ant
shortly afterwards the witness saw tn,
deceased going toward the water cloeet
AS he weHt down the yard Rogers RAISED
his gun and fired. Immediately after.
wards Rogers came out, and the witness
thought they had been In the alley iull'
len or fifteen minutes before the shot wa
hred. When Rogers fired he was stand
log close 10 the water closet, and could
s the Eouse tina. tho Pole came out OF
The witness heard a noise at the from
of the house as though the door wa
being broken in. The Pols cana out o
the house and started toward the waite
closet, while the noise was being made a
the front. AS lie approached Rogers, b,
aid the barrel OF Ills gun Oh the ienc,
aud fired. The witness said TO Rogers
lyon have Killed that man." and b,
made some reply which the witness Ill,
not understand. He afterwards saw
some men taking Pole out of window II
the Hungarian row. AS he passed Roger
he gave the witness slgual TO follow
him, and he went over 10 post where h.
was stading, when Rogers said: II an
sorry for what done"
Inc witness answered that 1t was M
use OF his being sorry, as 1t was done ant
, could not be helped. Rogers then 10
quested him not TO say anything about 1t
and told him that II he would keep t
quiet he would never forget him. In con
elusion he said positively that Rogers wa
the man that dill the shooting.
On cross examination by Levi G. Bird
who Is associated with Hon. George Ora,
Tor the defense, the witness said tina
something was the matter with his riRh
eye, but he did not know that he wa
, near sighted.
At O'Clock coult took recess 70
halt an hour.