Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1815-12-13
~ WV
DOMESTIC.
COURT OF OYER AND rERNyINER

de7ipe0f, indicted ieih Angyst0n I'sdSe alid Dick
Uiushlp, ofhec1oise called Richard Persciies.
The hon JONAS PLATT, one of the justices
of the Supreme Court, and his honor JA-
con RADCLIFFE, Mayor of New-York,
presiding.
Ron NAN, District Attorney.
John A. Graham, George Wilson, and
James A.. Hamilton, esqs. Counsel for
the Prisoners.
The prisoners at the bar, Fraser and
Vanderpool, were Indicted. for the crime of
arson in setting fire to an inhabited dwell
ling house at the corner of Washington
and Liberty streets, in the city of New
York, on the Goth day of August last
The public prosecutor had entered nole
proscqui as to the two prisoners last mem
toned, for the purpose ofintroducing them
as evidence on behalf of the prosecution.
Inc indictment contained several counts,
charging tie offence committed against the
provisions OF The common law and against
the form of the statute.--Mr. Rodman af-
ter opening the cause in an able manner,
in which lac explained fully to the jury ,fhc
nature OF the offence, called on several
witnesses to show the situation of the
building referred TO in the indictment, and
the burning thereof. From the testimony
OF the two first witnesses, one of which,
Mr. Murray, was the owner, and John B.
Clark, the tenant and occupant of the
building, it appeared, that the building was
situated on the west side of Washington
street, on the corner of said street and Ii
berty street--that it was originally built
and designed as for stonecutter or car
pentas' shop; but, at, and before, the
time it was burned, one part was occupied
as carpenters shnp, another part as
grocery, kept by the said Clark, with a
room adjacent to the grocery, which might
be used as a dwelling room. Mr. Murray,
the witness first called, described the stu
alton of the building and the burning there
of; bat, ON being requested, on his cross
examination, to state, whether the building
was dwelling house, declined, inasmuch
as it was matter of inference to be
drawn by, the jury from the facts. MIR.
Clark stated, in substance, that he occupied
the building in question as grocery, from
about the first of June until the same was
destroyed by fire {: that in one part, ada
cent TO the grocery, there was small
room, in which he had lodged from the
time Of first hiring the same until the time
of the fire, and had, until within short
time previous to the fire boarded himselfI
and all apprentice therein; that there was
stove therein, aud other conveniencesl
for living, but no chimney: that on one end
Of the building there was shop occupied
by o carpenter, who had several Journey
men ; that on the evening of the Goth All
gust the shop was shut earlier than usual !
that there was no fire in and about the
shop or grocery that evening, nor did tIiE
carpenters ever, to his knowledge, do any
business necessarily requiring fire in said
shop that he, the witness, retired TO bed
about IL O'Clock that evening, and about
one O'Clock the fire had communicated
from the shop, as the witness judged, to the
grocery, which was eBvelopcd in smoke
and flames, so that when witness endeayor-
ed to effect his escape through the grocery,
which was the only communication from
his lodging to the street, he Judged 1t too
hazardous, and broke through 4he window
on the back Of the room in which he lodged,
and jumped tht-efrOm :-that the inside
of the building was completely burned out.
After the examination of the last wit.
ness Dick Winshlp, al. die. Richard Par
sells, was called by the public prosecutor,
who, on being examined BY the court on
the suggestion of the counsel for the pri-
soners relative tohis beliefin q Supreme
Being, and IN a future state oftewards and
proceeded to state, in sub
stance, that on the evening of the fire in
Liberty street he was at the theat e, or cir
Gus, in Anthony street, and after the per.
formanee, found tlle prisoners at the bar
there, with one Of whom he had often been
fishing, and was intimate with both-that
he proposed to them to set fire to she city
for the object, as he afterwards said, of
stealing or pIunder--that the prisoners
having assented, they proceeded together
through several streets into grocery i'm
Cedar street, where he purchased matches,
and from thence went to a stable in LON
hardy street, which, as appeared from his
md cher testimony in The progress of the
DrOsccution,w tried although this tes-
timony quOad the purposes of the then
present cause, was deemed irrelevant by
he court that this first FIRE was soon ex-
ingushed. 1t appeared further, that the
witness and the prisoners went then
through divers streets, TO the Gene of con
iagratiOn. described by the fIrst Witnesses
n