The Montrose Democrat. (Montrose, Pa.) 1849-1876, January 18, 1871, Image 1

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E. B. HAWLEY, Proprietor.
§ttointos Condo,
Mo w n en
et Lir, at the old office
w ren nley &Fitch, Montrose, FL
- OAP. Mat. Vest. ti. 11.[
beelet In foots and Shaw.. Bata and Caw. Leather aad
railings, Main, ha door below Boyd's Stone,
- -West mach to order. aad repairing dace neatly.
troatioss. Jan. 1,
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.
Dealers In Dry Goods, Clothing, Ladles sod Mims
Ass Shoo'. Usti. 'manta Ins the great Americas
Tea sad Coffee Company. (Montrose, , ap.
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.
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,
Mash's's, Hata, Caw, Boote. Shoes, Read Made Cloth
lagatdata, OW, gar-, New Dittoed, IWO.. I, 'll.
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
- at Law. (Mee le the Brick Work weer the
flask. (Montrose Ant. a. tWi.
Clia.asseuw, . 4. kt.
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
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
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,.
of Mato exert, ra. )3ng. I 180.
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
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
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
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
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.
ATTOWNZT AT LA W. otllce over the Store of A.
LASkrott. IA the Brick Ilootrooc, SA. (tkol'fW
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.
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.
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.
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.
11C11A...4702.1. PA
Wholesale a Wall Deolento
miss BAIL comninurrars T BAIL BplA-B,
- PAM. AVM- am& O'4 B / 1 8128.
1117Walt8. 8247' SPINDLES. BOUT, de.
airms..vicas, men aud D 1 8. BELLOW*
ilfeintans. atztion. PILES. &e. &e,
Amignirr. HAIR & OR
cßioda. lastbl4,lBll. 11
Binghaanton' Murder.
Trial and ConvlCSlonallbe Prisoner.
The following report we copy from the
Binghamton itopubticao of January btb,
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
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
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.
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,
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
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
When this answer was given, there was
great applause and uproar in the audi
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
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
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
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
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.
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
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.
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
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
till they entered it' when I first heard
the grating noise, I got up, and remained
up the rest of the morning.
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.
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
;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
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
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
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.
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
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.
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'
September ; I was introduced to hint
lawyer by the name - of Dalton from
York ; the case was called in
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