Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-03-23

weeks before the fire; he examined m. 49,. 49,
the fire; il was much burnt; il was .Iro.s hr. 10.
except the walls the ceiling Of the store rosm ss
4 fragments q burnt linen lying about Wy o"
| Mr. Stone OF the firm Of Stone, Swan n Maso,
was 81 the house three days before the fire he dI
with Moore; always found him correct man. :,
thst time he had stock Of from $4,000 10 ae0eo -
the house; the place was well furnished was at The
house after the fire; il was much burnt
Mr.. Fanshaw examined-Is a wholesale dealer in
shirts. stocks &c. in William street. Was AT the
house two days before the fire; Mr.. Moore lad :
stock there at that time worth from $4,000 to 5000:
there were two or three or boxes of Irish linen
each containing 20 pieces, each piece measuring 2S
yards ana worth Si-25 Yard besides stocks, col
iars SHIRTS cravats, &c made up and packed in
boxes on the shelves The store room was at the
back Of the Parler; AT the house after the fire.
was much burnt; staircase and ceiling burnt away
Case rested.
For the defence, one Of the city watchEaen was
called. He testified that he entered the house whilst
was on fire; ne discovered that it was on fire in se
veral places at onse appeared to have been set on
firs. He made his way ap to the second story; he
alse entered the store room at the back of the paror;
during the time OF the fire. he some empty boxes
and the Shelves bat there were no goods there OF anv
kind. He saw some odds and ends and strips and
bits Of linen collected in heaps, and burning on the
hoer in two or three places.
Two Of the female neighbors were also called on
the stand. One swore that she saw Mr.. Moore COM
ing out OF the alley way OF his house at o'clock on
the night of the fire. and she told the other woman of
this, because she wanted 10 get some of his rain
water The other woman corroborated this story
and added that she saw Moore herself al the house
next morning. She knew him well, because she had
often worked in his house. She overheard him tell
ing gentleman that some one broke into his house
over night, first robbed it, and then set fire to il.
BON these women were very positive upon these
points.
To rebut this testimony the affidavit of Baltimore
merchant was read, who swore positively that Moore
and ne left New York together at o'clock on the
afternoon OF he 18th, and renamed together ill thew
reached Baltimore and he gave certain particular
reasons as to why he know it was en- the l7th
The Judge charged that it was a question of fact
for the Jury to determine If they believed Moore
was IN the city when he represented himself to have
been III Baltimore they must believe he was priv TO
the setting fire to has house. and therefore could not
claim one cent. Ifthey believed that some one broke
INTO the house whilst ne was away, stole the goods,
and set fire to the house, they would give verdict for
fire but not cent for the loss by robbery And they
believed that his stock of goods was in the hosse at
the time the fire broke out and that he had no hand
in the fire. they would find for the amount both burnt
and lost in any way, in consequence Of the fire. not
sHng the measure of the loss for that was not the
rule Of law; but make liberal and fair al
lOwance.
The ury deliberated some time, and al last came to
the conclusion that there were goods but the fur
nure In the house az the time of the fire; that Mr.
Moore was not privy to the fire; that the furniture in
the house at that time was worth about S909; that
this Yves damaged about half; and they therefore
found q. verdict for the plaintiff to the amount Of
$780,.