The Montrose Democrat. (Montrose, Pa.) 1849-1876, January 18, 1871, Image 1
THE MONTROSE DEMOCRAT. E. B. HAWLEY, Proprietor. §ttointos Condo, LAW OFFICE• a WATSON, Mo w n en et Lir, at the old office w ren nley &Fitch, Montrose, FL - OAP. Mat. Vest. ti. 11.[ CHARLES N. WrODDARD, beelet In foots and Shaw.. Bata and Caw. Leather aad railings, Main titn.at, ha door below Boyd's Stone, - -West mach to order. aad repairing dace neatly. troatioss. Jan. 1, LETTLES & BLAKESLEE, Attommyc and Courmellors tt Lam. 010ce dm nos beertore cmamictl by E.B. & Q. P.Llttle. on Main Meet.. Montrose, N. (Amll2o. ► I. LIMA. oto. t. LIME. I. 1.. si..Larim.lClL R. WM:sm. C. C. Fsosor, W. U. McCain. 1111c5JENZIE., FAIIIICVT & CO. Dealers In Dry Goods, Clothing, Ladles sod Mims Ass Shoo'. Usti. 'manta Ins the great Americas Tea sad Coffee Company. (Montrose, , ap. LEWIS ELNOLL, 1111111.VING AND RAM DRESSING. 111ap la taw a.w Postuflice bnllolor. warts ha will toond ready to Mood all who may want anythlts labia Item Montrose. Pa. Oct. 11. P. REYNOLDS, • AVCTIONICER--Bellstley Goode, and lierebtalre—also attend. at Vendee*. AU order" left et my hone* will receive prompt atteatlott. [Oct. t, 11359—tf 0. 10. HAWLEY, DRUID hi DRY GOODS, GROCERIES. CROCKERY. Mash's's, Hata, Caw, Boote. Shoes, Read Made Cloth lagatdata, OW, gar-, New Dittoed, IWO.. I, 'll. DR. 8. W. DAYTON, PEITI•CiAN • statoros. traders his aerators to las elthaaas of Great Band arid alrinity. Mika at Ho rasideseee. appoalta Barnum Uouer, O't. Baud alllaga. seam. hit, 111611.—1 f LAW OFFICE CIAXIIIIMUIq i McCOLIGNI. Attorney. and C.OO - at Law. (Mee le the Brick Work weer the flask. (Montrose Ant. a. tWi. Clia.asseuw, . 4. kt. A. A D. R. ILATUROP, DEALERS in Dry Goods. Groceries. &dewy and ilseeennee, telebe , Neel pocket caller,. Tahiti , . one, dye etude, Mete. Toot. and etines, idddiet. Pr"leery de. Betek Mork. nel),lstdd the llholt. Nlostreee. Audlart :1. 1.<4 —if A. Lanmer, . • . D. It. Ltnnur A. 0. WARREN, ErrOntiltY A . LAW. flaunty. Baca! Pay. P.Dalnl, and fixem on Claims attended to. offer oar below Dares Strom 31 untra.r. (Au. 1,'67 NI. C. fiCTTO I N, AucUoueer, aad Insurance Agent, Prieadvvllte, Pa C. S. GILBERT, 4sa.crticsas.43.oz - . Great Dena, Ps v. M. Awe NO Allll ELT, Q. al. A_Uotiouoor. *sr. 1. 110/. Add , moo, liroaslyn, Ts 3011 N GROVES, ►V4HNtN MILE JR, Montrose, I's Slson owe, Chandler's Stowe. .4 ,, ..rtlerr t 11 , In tlrst.rsor style “otros done no short twin:, and warranted to 11,. W. 'W. SMITH, CABINAT AND CHAIR MANI. 1 Atl I REPS —G. of Mato exert, ra. )3ng. I 180. U. BURELITT, DLL:MiIo M. 0.: SOll PlapeyCr" , I • nevileare, Ulan. Moves, Dra ge. Oil•.•nd I', • Wrote sad Shoe., Hate Cape. Fur., Butflti.• 1,..i groceries. Pro, Woe s. New Ylllond. P 1 DR. E. P. RISES, faa permanently located at Friend..Me far the re.r pose erpracticing medicine and .artery in ell it. %am the.. lie may be f..und at the Jackson [lunar. 01eca bosun Cram a• . p. m. Pedeadoellle, Pa., Aug, 1. 1869 STROUD & BROIWN, VMD AND LIFK 'l:l'9 aANCK ACENTS. Al' Aol Rev* attended to prom pi ly. no fair terms. °Mee IrSt door north of ' Montrt,e llotel," r•t Ode et riddle Ayes's*. Montrott, Pl. (Aug. 1. 18a9. Itu-usara. N-narn, - • Cia•al...• 1.. Itaov■ W3l. D. LVSIi, ♦TTORNBT AT LAW, Moutroee. Pa. Ogre oppo. lilt. the Tureen Ilea.. hear the Court llosee. •ug. 3. Lll6l-11 Du. W. W. steirrn, skrrnwr. R•uma over it..yd d Corßtn'• hard Ware Store. °Mee hnora fr..ra 9 a. ma. I. dp. to Illoativiw, Any. I. IW9.—cf ABEL TVRRELL, DIALER in Drugs, Patatit Medicines, Chemicals Liquors, Palma. Olia,Ltye muffs. Varnishes, WM a Mlipm, Groceries, Glass Warr, Wall and Window . Ps, per. Stone-wars, Lamps, Kerosene, Machinery Oils. es, Guns,'Aramunitiou, 6 tIi.CP. tpeCtaf les RraltlitO. 'Nary Goods, Jewelry. Perin rr. being •one attic most numerous, stensisis, and wainablis insilisettons a Goods in Susquehanna Co.— Mstabliatictl in Ittta. plontro., ra. D. W. SEARLE, ATTOWNZT AT LA W. otllce over the Store of A. LASkrott. IA the Brick Ilootrooc, SA. (tkol'fW DIR. W. L. RICHARDSON, rersicimq t faUROI3OI.I. traders hi• pprofession► minim to Me ctttsru► of Montrose sue 01:IM• stbtaruldence, on the comer east of gar, it Postsitry. [An. 1, MCI. Da. E. L. GA.B.WkIEII, PIIIIIICIL7I and SURGEON. Montrose. h. gives eipeclel attendee to dlscaeee o! tae Heart and Leap sail all Sam, cal dlaaarra. Udlee over W. B. pn.a !Wart* at tlearlee Dotal. [Aug. 1. Iln3. BVII.NS & NICIIOLS, 441411 to Driap, Medicines. Cbetnitalr, star. Mats. 014, Varafeb, Llcinors, e‘picer. Fancy r: CMS. htast Madialwa, Perfumery And Toilet At- Wse. OrPtesalptlaus , caraitlly compounded.— stalk Avenue, above bearle's H otel. liontrove, Pr A. E. Eirums. Amos lizezotA. Aug. t. OIL E. 4 TIANDUICIL, Tontine 2t a SUR6I3.ON, respectfully tenders hi =lnstal service. to the citizen of Frteca.vitle tatty. JffrOthes incheoocs of Dr. Leo atmatto at J. noeford'a. 'MC. I.IBCD. PROF% MORRIS, Tr. Hard Sather. return. his thank. for the kind pat -04 has enaldttd him to get the beg neet—ha ! time to tell the whole otor'. but vane ad eve be roamer* drat the Old Stand. No loud 1112/Iklng allowed In the shop. [April la. itl7o. HUbTT BROTHERS, 11C11A...4702.1. PA Wholesale a Wall Deolento HARDWARE, IRON, STEEL, NAILS, SPIKES, SHOVELS, BUILDER'S HARDWARE, miss BAIL comninurrars T BAIL BplA-B, RAILROAD A MINING SUPPLIA:s. C.LIGUAGIN RAMOS. AXLES., SWAB 457 - PAM. sor.re. AVM- am& O'4 B / 1 8128. PL4 rib BANDS. SIALLNABLE IBONB, /KCBS. SPOKES. 1117Walt8. 8247' SPINDLES. BOUT, de. airms..vicas, men aud D 1 8. BELLOW* ilfeintans. atztion. PILES. &e. &e, lIIIMOVLAR LIED MILL. SAWS. MILTING. PACKING TACKLE MAXIM PIAMEOIS Amignirr. HAIR & OR mime* immicar OJASII.T.JUMBIER7WkDOOP FAIRRANCII &CALMS. cßioda. lastbl4,lBll. 11 Binghaanton' Murder. Trial and ConvlCSlonallbe Prisoner. 121=1:1 The following report we copy from the Binghamton itopubticao of January btb, 1871. The prisoner was brought into court some time before the arrival of his coun sel, and took his seat at the table alone. District-Attorney and Mr. Seymour, came in and took their seats in the bar. At 9. 15, Mr. Becker came in the bar, accom panied by ex-Clongreasman Charles L Beals, of Hudson, who had come to assist in the defence, by request of Mr. Beach, the counsel first engaged. Mr. Newell D. Whitney, Esq., is also associated with the defence. When the prisoner came into court he appeared perfectly calm, but his face wore the very ugly and stubborn expression that it did during tbsinvestigation before the Coroner. As the drawing of jurors commenced, the Clerk told him to stand up, according to the usual form, and stated to him the jurors would be drawn to puss upon his life, and it was his priv ilege to offer objections to them. After that he appeared to be a good deal agitated, and during the examination of jurors consulted frequently with his counsel and especially with Mr. Beal, who sat next to him. At eleven o'clock, Judge Boardman, came into the mom and took his seat on the bench beside the presiding justice. When RuHoff recongnited the able coun sel who had successfully defended him ou a previous trial for murder, a familiar smile lit up his countenance. The following jurors were accepted during the inorning session of Court: Hiram Mosher, city of Binghtimtun. Emory Truesdell, town of Binghamton John C. Ronk, city of Binghamton. George Gonor. Henry King, Barker. Mr. Becker examined the jumrs very clog it as to what newspapers they ma, and whether they read any of the edi torial comments on the evidence. On two occasions he was interrupted by the Judge Hogeboom, who told him that in this age and in this community. he would scarcely b , able to Bud a man of intelli gence who did not read the newspapers, and was not inforined about common oc casion& Mr. Becker did, however, find a few who did not read a county paper un less it was borrowed, and he actually found two who did not read one at all. Those men were all excused from serving on the jury, either by the judge, or by Mr. Becker. From that it would appear that ignorance is not to be considen.d the best qualification fur jurors to serve on cases where intelligent men should be selected. This afternoon, the following were ac cepted as jurors, making ten in all : whin Hayes, Triangle. Ebel' Hawkins, Windsor. B. Pere•, Sanford. Edgar 0. Smith, Windsor. Franklin Plunkett, Windsor. Janury Call.—The following two ad. ditiozial jurors were added to the number of yesterday, making the panel com plete. viz: _ . Isaac Heath, of Culeville. John W. Travis, of Teuton District-Attorney Peter W. Hopkins then open the case for the people. When the District-Attorney had finish ed his opening. Court adjourned for the day. FRlDAY.—Rulloit conducted the ex amination of witnesses for the defense, and endeavored to break down the testi mony of young Burrows. the suriving companion of the murdered M rick. in this he was very unsoecessful,for Burrows. as will be seen from his testimony, again proved equal to the task of self defence. TESTIMONY OF GILBERT S. BURROWS. Gilbert S. Burrows testified as follows I am from Stepheneville, Pa.; am 18 years old ; now reside in Binghamton ; am in Halbert Brothers' employ ; was in their employ in August last : halberts are dry goods merchants, on Court street, north side; the store is six rods from Chenango river, on the east of the river; the store is six rods from Water street; Water street is east of the store; during the month of Angust there was an extension being erected directly in rear of the store, run- 1 :ling north 100 feet ; before you get to the extension, the store is 85 feet deep and 35 feet Wide; the basement walls run even with the basement of the store, and main walls were np five feet; a livery stable stands directly north of the exten sion ; I was clerk in the store in August; Agard, King, Bliss, Mirick, Pratt and witness, employed as clerks in August; 3lirick and witness usually lodged in the store; lodged there the night of the 16th of August; (a diagram of the store was shown the witness, and he pronounced it correct); entering the store from Court street, there were counters on each side; in front of the back stairs is the office; we nee gas fur light in the office; un the night of the 16th of August one gas burner was lit above the office; immedi ately west of this there was a counter ; also a box with dry goods; the box was a foot and a half high,the dry goods made a pile three feet higher; the pile was about three fret high ; the bed stood in the northwest corner of the store; I slept on the west side of the bed ; Minek slept on the east side ; at the north end of the store the wall had been taken out for the extension and nothing but lath and plass , er rennined ; the basement dour was bolt ed with iron belts; we retired about 10 o'clock; ire were distufbed about 2 1-2 Wednesday morning; the first 1 saw was three men standing at the fuat of the bed; Mirick took his pistol and we both walks ed out of the bed together; two of them ran down stairs; Mtrick went across the store and took sonic stool heads and threw them down stairs at the retreating burg lars; the one that remained struck me on the head, and I was insensible for a mo ment; I recovered and threw him down, and took his chisel away from him; Mir rick came-across to my assistance with. a Stool top ; the two who had gone down stain; pepped, when the ope we bad, EIELJLOWIP. MONTROSE, PA., WEDNESDAY JAN called for help; and Mirick left to meet them; I . alio.lef the numn and went in the bead of the stairs; one men came np and Mirick clinched him ; the other stopped on the stairs.and shot at me three times; the last time, sonic splinters flew in my face and I stepped back and went to go around the 'luting and go where Mirick was; when I got in sight of Mi rick, I saw one man hold him and the other shoot him; I stood still behind the railing and the burghers went out by the way of the back stairs; wbeu they bad gone I went out past Mirick, by the front way and gave the alarm; I went over to the American hotel, where I saw Mr. Clark and a Mr. Whitney; the American hotel is eight rode from the store; with these two men I went down Water street the second time ; when we got where we could see the back end of the extension, there we saw two or more men coming out; Mr. Clark went away to call the police; I stood there a little while, and then went down on the Chenango river bridge, and looked up the river ; I sew no one up the river; in about 20 minutes from the time I left the store, I went back; looked around the store, and saw ! where the burglars entered by the back I door of the basement; some men went down stairs before I did ; I was excited when I went back to the store, and did little but answer questions; a piece of panel had been bored out of the door, and the door was unbolted, apparently by putting a hand through a hole in the panel; in the store were found some raise faces, shoes, bite, etc. (Then %allure shoes were identified of those found in the store). Here Ilion' arose, and in a plea of some length, objected to the evidence in troduced by the District Attorney, as be ing irrelevant. lie complained that the District Attorney had connected several persons in the indictment for the murder, and each defendant had to disentangle himself from a general and sweeping charge. Evidence, he said, is relevant or irrelevant, only as it is brought upon the prisoner. Every circumstance offered in evidence must be offered in connection ith a particular circumstance connected with the acts of the prisoner on trial. Mr. Seymour said, the prisoner would be connected with the bit, the shoes, and every thing left behind in the store when the burglars fled. Rußuff wished to further discuss his objections to the evidence, but the Judge decided not to hear them discussed any further than the exigencies fur the di.- cussiun arose. If the prosecution gave "prima facie" evidence that you 'were there, he said, ad dressing EullolE then they may connect you witll other circumstances, the posses sion of those instruments, your acquaint -1140.115. the men found in the river, and your leaving New York with them, the nue. on your part of the burglary and murder. If you were not connected by the evidence with the transagtmose at the store, then tue evidence on the shoe may be excluded. Examination resumed. The door could be unbolted from the outside, after the pieces were taken out; when 1 cantle back into the store, Mirick lay on the east side of the store, alive, but insensible; he died obunt 30 minutes after that; there was a bullet wound on the back part of his head ; when the ball was taken out it was in sewentl:pieces; I Raw it taken out ; there was blood about the store, on the counter where Shriek was shot, and also on the floor where hip head law ; there was also blood on the fluor dropped along between the box where I had the burglar down and the middle of the store, some distance toward the front; [the diagram identify the man that I had down ; I do not know that I could recognize the man Miriek had down ; I saw the one that shot Mirick since the night of the murder; that man is Runoff; when I saw the man on the street it left an impression; the size and general appearance correspond ; when I tirst saw Runoff in jail, I thonglit so, and said so ; the man that had Mtrick down was wounded in the face; the marks were found near the bed where we slept; there were some shoe strings around the necks of the men taken out of the river; when we first saw the men in the store they had on false faces; I saw their beards perfectly from tinder the sides of the masks ; the beard of one of them was gray ; when I first saw the prisoner, after he was arrested, he had chin whiskers, and they were quite gray ; I saw one man im mediately after they were taken out of the water, and saw them searched; I re cognized the smallest man as the one I had a tussel with ; [the blue cap found in the store was shown and recognized by the witness; also a watch found on the tem p est burglar]. Runoff again arose and objected to the evidence against otuer defendants being introdeed in connection with himself. The jurymen asked Rulluff how far one person would be responsible for the act of the others if two or three persons were there, and all connected with the crime. Rullidr replied that it was a complicat ed subject, and wished to explain IL The judge said the prosecutiou bud al ready promised to connect you by evi dence, with the other persons, and to show you that you were actually at the store when the murder wits committed. Mr. Beals arose and presented the.same facts urged by Rulloff, in a brief manner. The Judge decided to take the evidence, and then, if it should appear in the pro gress the trial that Rulloff was not ac tually there, or concerned in the commis sion of the crime, the evidence applv lug only to other defendants might be strick en out. The dcfendant excepted to the ruling. Evidence resumed—(The hat found in the store way shown the witness and re. cognised). The drawers where the silks were kept, on the east side of the, store, had been disturbed; goods were taken down and tied up with # cord; one pack age had been carried out into the exten sion, about a hundred feet from the back door. Cross-Examined.—Hare seen the testi mony published in the Daily Republican; there Was a mistake in saying that I swore the man who went down wain bad on boots; I stand to what I swore to before the Coroner ; I said I recttgaisp4 th,e maa I had a tussle with, and . Also that you Mull* saawre4 'to .41e unprenainu had of the third personi I did not say I could not give a description of the third man ; I have never mid I could not recog nise his features. Runoff asked if there was a good light. Burrows answerd: "You know what the light was; there was only one burner lighted." When this answer was given, there was great applause and uproar in the audi ence. Evidence resumed—l have not declin• ed to give descriptions of any of the persons; before the bodies had been tak en out I had said but very little about it; I described the clothes of the small burg lar, the large burglar, and yourself. (Ap plause.) Oa further cross-examination, the wit ness proceeded to give a description of the burglars found in the river, and also the third burglar: There was one gaslight burnicg in the office, and the room was light enought to recognize any .petion I was acquainted with; the large face, gray whiskers, the size and general impression left of the third man, is what I rcognize yon by, I was excited at the tune, and my impres sion may have been slightly erroneous ; I probably was not as self-possessed as I am now; when I came out of the store and saw Clark and Whitney, I asked them to go over to the store, because Mi rick had been killed; they told me to shut up and nut arouse the neighborhood about so small a matter; I had but little to say to them after that; when we awoke the burglars were within six feet of the bed; after the pistol was snapped, two of the burglars ran down stairs and the other advanced and struck me with a chisel; the burglars ran down atnirs the first time without attacking. After Mirick snapped his pistol the burglar struck me over the head ; I clinch him and threw him clowu ; he fell about eight feet from the bed; Mirick kept the pistol wider his pillow. Rullot asked why the ristol was kept in the store, and when objection was rais ed to the question by the District-At torney, he said he wanted to show the wicked character of the boys. Mr. Beals said they emoted to show that these young men used unlawful violence toward the drowned burglars; denying that they had a right to use only violence enough to arrest and secure him. Rudloff said he wanted to show that they entended to make a reckless and wanton um of the pistol. The judge ruled that us none of the bur glars were there to show that they use unlawful violence, or a reckless use of the piatol, the question could not be in sisted upon. Evidence Resumed—l asked Mirick what the use was of keeping the pistol under his bed; he said there was no use of keeping is them. as they might not want to use it Quasi in a hundred year. ; I testified before the Coroner that I had the burglar foul; be could nut get away from me without help; I intended to fix him so he would be there till morning; I testified that Mirick came over to help me dispatch him ; we expected to keep him there, if the others staid away, but if they did we would fix him so we would be "one and." (Demonstrations of ap plause). When Mirick came over to my assaistauce, he struck the burglar I had down in the face with a stool top; at that time we were in danger of loosing our lives from those men coming back; Mirick had no sooner struck this man than the others came back ; I struck him with a chisel before Mirick same buck; I struck him but once; I wrenched the chisel away from him and struck him as soon as Shriek came back; we heard the other men coming, back before we struck the burglar we 'bad down ; when we struck the burglar we had down, the others were out of sight; they returned in half a minute after they went down stairs. I said let us make short work of him; I do not know that we should have killed him; Mirick struck him with both I hands; if the burglar had not struck me and had gone down stairs he could have I got away ; after he struck me, and I clinch- I td him, be could not get away ; he cull- ell for help while we had him down ; he ' had no chance did escape after we had ! him down ; we dtd not tell him to submit, and after we got him down we did not I care whether he submitted or not; when the burglars came up stairs the second time Mirick met one and I met the other; when they came up stairs the second time they did not attempt to steal property ; I some silk had been removed before, I do not know whether Mirick clinched his man when they came up the stairs the second time, or whether he clinched Mi rick; the man 1 met at the stairs fired at Ime first; no other effort was made to injure; no search was made for me; I stood in plain sight and do not know what became of him ; that man was not one of those who afterwards engaged with Mirick ; there was a scuffle between Mirick and this man after they came up stairs the second time ; when the splinters Iflew in my face I said I was shot and stepped around where Mirick was, and when 1 got where I could see him, the man with a pistol had got to Mirick and was shouting him ; after Mirick was shot one of them said, "come on, Put," and they ran down stairs ; and ull that was said during the conflict with the burg lars was: " let's make quick work of them," and "come on, Pitt, we have done enough f when Mirick met his man they moved along in a scuffle to the place where Mirick was shot; he had the ad vantage of the man, and would have mas tered him. but., fur the third man; Mirick was 19 years of age and weigh ed nearly 1 40 ; have not made this sub ject a matter of conversation much since it occurred; I was asked so many ques tions about it that the matter became very disagreeable to me; when I first saw you at tbe.jall you asked if I was Mr. Auseowa; I said I was, and you stretched Hp Had Oki "Row judge between Gotland WWI if Imu the ono; do Rut know that I looked at you aßci was at a jogs to rec ognize yon,'nor anything to that effects t 6 diamond hole in the jail door is about four inches each way ; you asked rue if I vueopited you ai4 I axade vo reply; do 18, 1871. not remember that anybody nudged me; do not khow that 1 have made any state ment to Virgil Whitney and Mr. Clark, varying from my testimony ; I did not say, to my knowledge, to anybody, that I left the store by the bark door, Answers to questions by Mr. Becker; I The affair at the store lasted about twen ty minutes, to the best of my judgment; in about two minutes from the time the pistol was fired the burglars ran down ' stairs; we were engaged from flee to ten minutes with Davenport; they went down stairs and came right back ; 3firrick and the first burglar that came up scuffled from five to ten minutes before the sec- ' and burglar came up; it was twenty min utes a ft er the second burglar came up be fore they went out; when the burglar shot at me as he was half way_ down the stairs; after they shot Mirreck, one of them said, "come on, we have done enough," and both went down stairs: when started to come down stairs they of fered no violence to me, and took no goods with them; I went out to give the alarm; I then sent up Water atreet could see the back end of the store; I went with Clark up Water street, and we saw two men coming out of the back end of the store; have no recollection whether there was a moon or not; I could see the man with a white coat on very distinctly; I went on the bridge before I dressed myself; I did not see where the men that came out of the extension went to • I did not hear the fire bell; cannot tell who entered the store with me; they were strangers to me; the first man who came into the store that I knew was Cy rus Stockwell; I knew the Chief-of-Po lice, when he came; think Mr. Brigham was there; I was taken op to Mr. E. M. Halbert; I went home soon after, and felt well; I was talked to a great deal about the affair ; I have boarded; with Mrs. Frink's since I returned; Charles Barto and Charles Judson also boarded there; I have said to them that I could not pos tively indentify the prisoner; I can inden tify him only by his general appearance; I looked over a portion of my evidence last week with Mr. Seymour and the Dis trict Attorney ; and (is shown the testi monyiven by him before the Coroner, as pub lished in the DAILY REPUBLICAN', and said it was substantially correct, with one exception, and that was where be re ported as saying it was quite dark in the room, and he could only see the form of I the man) Mr. Seymour and the District- Attorney did not say to him that it was important to identify Rulloff as the mur derer; have sometimes been mistaken about recognizing persons ; before I came here I was a clerk to my father's store in Stephensville, Pa.; am 19 years ola now; slept it, Halbert's store from the time I came until the murder occurred • Mirreck came there nue week before I came ; when I went ant of the store there was blood on my hands and shirt bosom ; have been engaged in little fights ; always intend to hoe my row ; did nut disturb much before I went out of the store, Re-Direct. The remnins of Mr Mirreck were taken home by Mr. halbert, Mr, Agurd and others. TESTIMONY OF JCDGE BOARDMAN Hon Douglass Boardman testified as follows: I reside at Ithaca; have resided there 25 years: was formerely acquainted with Edward ii.Rulloff; know his 'hand writing ;(the witness was shown speci mens of writing, which he believed to be in Rulloin handwriting, consisting of marks on scraps of paper, receipts fur rent, short hand charts, letters, etc. Mr. Beals objected to Judge Boardman's evidence, for the reason he obtained a knowledge of she prisoner's handwriting at a time when he was employed as coun sel to defend him, and in that capacity, the court decided that they must prove that fact. Cross-examined—Have been a judge five years and over; for twenty years and more before that I was a practicing lawyer at Ithaca ; I have been counsel for the de fendant; I had knowledge of his hand writing by other means than by corres pondence between him and myself in the relation of attorney and client; I saw him write about matters not pertaining to his case; it was in the jail where I visited him as counsel. (The handwriting of Rtillotr slightly resembles the signatures of General Spinner on United States cur rency and greenbacks and may be easily recognized.) Cross-examined—The relation of attor nev and client, between myself and Rnl lot terminated about 12 years ago; I have received only one letter from him since ; I swear to his handwriting from my knowledge of it 12 years ago. Exceptions to Judge Balcom's testimo ny was taken by the defence. TESTIMONY OF OSGOODDY Mr. Osgoodby testified that the paper marked C. was a key to the paper marked P, and the roll of papers were a key to the same system of short hand. He said he was acquainted with sonic seven or eight systems of short hand, but had never seen any with the same alpphabet as this. Mr. Huff objected to the paper being brought up as evid.•ue to connect him with the burglar found drowned. lie said that the papers might have been given some five years ago, or Gve weeks before the murder, it mattered nothing. Mr. Hopkins said that he intended to show that the paper f;Jund in the drown ed burglar's pocket was a key to the phonography found in Rulloff's desk in New York, and also, intended to show that the prisoner had intercourse with the burglars found drowned. Mr. Runoff appeared Rather excited; talked at considerable length as to the importance of this evidence, but the,evi denim seas allowed to proceed by the judge. TESTIMONY OF MISS JINNI' PERSON. Miss Jenny Person testified as follows; I reside in Binghamton, in thu Dickin son Block, over Halbert's store, on the third floor; I was home on the night of the 16th of August; I heard a squeaking noise, as if some one was boring at some thing, about half past one ; I also heard the pistol shots at about half past two, and a noise as if something falling down the Stuirway ; I looked from my window, and saw two men ring from Halbert's et on toward, the mei ; 1 witched them VOLUME XXVIII, NUMBER 3. till they entered it' when I first heard the grating noise, I got up, and remained up the rest of the morning. TESTIMONY OP MRS. LOME ROBINSON.: Mrs. Lottie Robinson testified ; I reside in Binghamton in the Bennet Block ; it fronts on Washington street ; my room is in the rear; I can look over on to Water street from my window; I recollect the morning of the murder ; I was awoke by the cry of murder; got up, and looked out of the window, and saw two men go np Water street and then go back again; I then saw a man on the flats; he was coming in a south-eastwardly direction, towards the wall of the new building in course of erection ; I saw him coming slowly and directly; which excited my en riosty to watch him ; he stopped by one of the dividing walls of the building, and was out of my sight for a second when I saw him again; he then walked on a little' further and was hidden from my view the man I saw bad on light clothes; I could not tell whether it was a duster be had on or not; I know that he wore light clothes; I could; not recogaiss him; there was a light in my room ; it was a fine clear moonlight night. TESTIMONY OP CIIIEF-OF-POLR?E FLYNN. James Flynn testified ; I am a resident of Binghamton, and Chief-of- Police; I was in the city on the night of the 16th; lodged ut the American Hotel on that night; Mr. Clark, clerk of the hotel came to call me ; I was thenpartly dreased; went immediately to Halbert's store, went in ; I saw Mr. Mirrick on the floor ; smelt gunpowder ; Mr. Mirreck was not I quite dead, he was breathing hard ; I then went out and some one told me that the burglars had crossed the river, I went to Dr. Browns and toltPhim to ring the fire bell, and went to the Sheriff's house and got him up: I proceeded to Halbert Brothers' store, and got as many men to- i gether as I could, and went across the river and.made a search ; I (lid not dis coveranything or any trace of the burg- I lars; I then went back to the store, and I I looked around ; I could see the marks of bullets, and blood upon the floor; the blood seemed to me as if sonic one was' dragged upon the floor; I then went up' stairs and saw the cold-chisel (shown by Mr. Hopkins in court) and box opener; I examined the window, and saw the pie ces cut out; I took notice that a person could put their hand through the hole and unbolt the shutters; I done all I could that day in getting men together and dispatching them in different squads ' to make search in different places ; I sta tioned squads of men in every directoin ; a squad that I placed at the Prie crossing of Court street ; brought in prisoner, the next morning (a sachet was shown the witness) it was delivered to me by one Simone: belhrve it was the nest Sunday after the murder. The counsel for the prisoner made lb" same objection to this evidence that had been taken before when similar evidence was introduced. The Judge said the court would have to feel its way for a while, and find out the relevancy of the evidence. If irrelev ant it would be stricken out. The District-Attorney said be wanted to show that the papers found in the sachet had pie.1....3 cut out of them corresponding to the pieces of paper found in the pris oner's desk in New York. The court decided that the evidence was admissable. Evidence resumed. I found in the sachel a copy of the New York •`'Times" ofJuly 18, and a' copy of Binghamton REPUBLICAN of August 15; the sachet was not locked; there had been piece,. cut of the "Times;" two columns are gone from the first page, and a column and less than a third of a column from the eight page; the sachet and papers have been in my posession eversince they were delivered to me ; there was no mark on the sachet to indicate the name of the owner; there were shirts and drawers in the sachet (the witness opened the sachel and took out a pair of drawers, marked "J. A. No. 3.") a valise from New York was delivered to me at the Spaulding Honsein this city by a gentleman named Riley, among the contents of the valise, delivered by Riley were papers, burglar's tools, books, and a large quantity of let ters, and a roll of short hand writing (two letters from ?4r. Warren to James E. Dalton' and also a part of a letter pur porting to have been written by William Davenport; were shown to witness . and recognized as papers taken from the va lise ; also a German reader was recogniz ed as one taken from the Bache' found in Binghamton ; I was present at the time when the bodies of the dead men were in the basement of the Court House, where they were taken when carried away from the undertaker's shop; I was at the jail when the shoes were tried on the prisoner (shoes were exhibited) those are the ones; I saw his feet ; both shoes fitted well; there was a defect in the foot, and the shoe for that foot just fitted it. The introduction of the shoes as exi- dence was objected to by the defence. The argument was made by ILllotf. The ob jection was overruled and the evidence accepted ;Evidence resumed—The large toe and one or two others were gone from the left foot; the depression in the shoe corres ponding to the deformed foot ; the pris oner had beets on when arrested ; he said he never wore shoes and never owned a pair ; he said lie always wore cotton in his boots to till up the place where the too was off; the cotton cloth in his stock ing was new and corresponded to a piece 1 that was torn from his shirt; he called my attention to the fact that the toes of his boots were alike ; he pretended that the shoe did not fit his foot; Sheriff Brown assisted him, and put the shoe on easily enough! (The valise delivered by jr.N 'Riley was opened); the roll of slips taken from newspapers was in the valise when it was given to me ; (the piece ta ken from Rulers desk in New York was fitted in the copy of the New York :" Times" in the Bachel found in Bing 'hamton4 The article is entitled the " Pruiiitte Policy." Cressi amination.—On the night of the marler,l was awakened by the cry of murder in the streets; when I got to the store there were only two or three there; BurrowslVas excited: he had not drecsed yet I do not know When I went to Halbert's house ; 1 saw Burrowaon the street ; ht told me what had occurred ; the satchtl was handed to me by Henry SirnmouB ; the murder took place en the 17th of Au- gust; the next Sunday he told me that h., had found the satchel ; I brought it to my office ; it has been there ever since. (The remainder of the cross-examinatiou of this witness elicited no now facts.) Be-direct: Ile was asked to sit in the chair and have his photograph taken ; he defied them to take his photograph ; no more force was used than was necessary : I first saw the shoes on the morning ci the murder; they were in the store ; Brigham took charge of them ; the sher iff; deputy sheriff; and myself were pres ent when the shoes were tried on tlic prisoner; the shoes look the same as they did when I first saw them ; they have been iu the charge of the sheriff. Captain Henry Hedden testified to find ing burglar's tools in Ruloff's room in New York city, which was objected to and tha objections sustained. At Mrs. Graham's 75 Carmine str, t was found a book (the'book exhibited) in the prisoner's handwriting. A motion was made to strike out ail ;i; relation to the contents of this room in New York as irrelevant. The motion was refused by the Court on account-of the relation of the prison er with the other burglars, as shown by papers and writings. . the evidence in regard to the burglar's tools, and the evidence not relative to the case were ruled out. Evidence Resumed.—ln the desk at 170 Third avenue the newspaper strips were found ; the valise was not found in tne desk ; it was my property and was used by me merely us as a package to bring the articles here in. The bits found on the burglars and those found in the desk fit the same bit-stock ; the shanks of bits arc made beveling so that the . ) , will lit any stock. (A. mortgage of some property in Brooklyn, given by Albert Jarvis, under The name of William T. Dexter and John N. Dexter, and witnessed by Ruloff, and a claim by the widow of James liaggert against the Eric Railway, assignee to C. J. Curtis, also drawn by Ruloll; were of fered by the district attorney, to prove the intimacy between Ruloll' and Jarvis, alias I Curtis. i The defence objected to the evidence. because it was testimony against the oth er persons named in the indictment, and not against the prisoner. linloff made an argument of some lehath to explain its irrelevancy. To show what his huaine-is iu New York was, he held up the manu - script book found at the house of Mrs. Graham, and claimed that five hundred ordinary men in ten years could not pro duce such a hook. The objection was. uvemtled, becaus , the c , msptraey between the burglars and murderers could nut be established by any posture and direct c videuee. The ev idence offered by the prosecution was ruled to be proper at the time, and until the evidence proceeded further, and its relevancy or irrelevancy could be deter mined. The defendant excepted to the ruling of the court. F. idtmce resnmed.--[other papers re eogmz d by the witness as having been found in the desk were offered in eri- Ilene , and objected to by the defence] ; officer Riley assisted the witness in pro ciirmg the talkies from the desk and Wll3 instructed to bring them to the district attorney. Crot.s-examination.—l am employed at .tu annual Cary, and was not employed particularly in this case ; Mr. Riley is my assistant, awl is also employed at a Wa rr ; our labors are not confined to Neu Merl ; much of Mr, Riley's time is spent in the service of the U. S. government ; I was at No. 170 Third avenue, only once; I sent Mr. Riley there several times. TF.STIIIONY OF JOSEI'II FETTEILITCII Joseph Fetterich testified :I am attorn - ey and counsellor at lr.w at 32 and 35 Pine street, New York ; the prisoner was at my office lust January ; he was there three or four times; have seen Wm. T. Dexter and Charles G. Thompson ; (wit ness was shown a photograph of a man known as Thompson, which was admit ted to be a picture of Jarvis). I knew Ho loff by the name of E. C. Howard ; (The Dexter mortgage given to Isabella Arm strong was shown to witness, who was subscribing witness to it) ; the mortgage was given to secure the payment of 8500, on a piece of ground on Graham street in Brooklyn ; the loan was made by myself; the money had been placed in my hands by Mrs. Armstrong to loan ; the pay ment on the mortgage was extended three times ; Howard paid me for the last extension. Cross-examination : Am a lawyer ; have been live or six years ; I practice in the Supreme and Superior Courts ; do not practice in the Tombs Court yet ; I came here in answer to a ipbpo3na. TESTIMONY OF W. IL. WARREN W. 11. Warren testified as follows ; I reside in Cortland ; am a member of the Cortland county bar ; was an attorney there in 1869 ; during the summer of 1869 I became acquainted professionally with a man confined in jail for stealing silks ; I was engaged to defend him by Ruloll ; he was there tinder the name of James a Dalton ; I did attend to 1.11 , , case of Davenport ; Ruloff went in to the jail to EN him ; while he there I rode out with the prisoner ; I.e had on low, patent leather shoes, of th-: description of those found in the stont. supposed to hare been worn by Riiloft ;'' my attention was called to the depressit in the toe of them where the large toe the foot was gone ; I was at the Biooi,„ county jail and saw the prisoner ; spoke to me to engage my servievs counsel, but I declined to defend hint. Croat-examination : The first tiny , saw the defendant was in the sprin i • of 1870; he was there again in May..ml' September ; I was introduced to hint lawyer by the name - of Dalton from York ; the case was called in Septenti..ir. Roe assisted me, and made an aril merit in favor of bringing the cam , trial, when the district attorney math: tr, motion to postpone it ; the case was polled Until January when Daveep.., was discharged ; there was MI rats in th