Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-03-18

Trial for Arson-Second Day-Peter Palmer
examined am the president of the 18th Ward In
surance Company. The policy now produced for
$3.50, was executed by the prisoner, and the COM
pany.
Cross-Examined-Thc policy was executed on the
10Th of May, and the secretary or some other Off
deputed to call on the prisoner and ascer-
tain ifthe stock in his possession equal to the
sum we had underwrtten for him.
BY Mo rrell.-I made plant TO the grand
jury did it by addressing note to the Foreman
of the grand Jury. The letter now produced is the
same The letter was here read by the District At
torney.
Aaron Merchant examned-I am one of the di-
rectors Of the New York Fire Insurance Company.
The policy now produced was effected in Office.
The District Attorney was about to read the do
cument, when Mr.. Phoenix objected to that course,
in consequence of variation in the title of the
Company and as ii set forth in the indictment.
After lengthy argument, the Recorder ruled that
under the first count in the indictment the policies
might be given in evidence, as circumstances which
might induce the prisoner to commit the crime.
The counsel for the prisoner excepted to all the
decisions of the Court.
The policy effected in the New York Company for
5000. was put in and proved
Cross-examined-The prisoner effected the in
surance, and Mr. Barnes, of the firm Of Lyman,
Barnes & Co of Cednr street, ompanied him.
BY the Jury-lt is common thing to insure
large amount a stock Of goods, il represented
to be in such small store the prisoner occupied.
Eliza Nj. L. Higgins examned-I reside at No.
l6S IL Bowery; the prisoner occupied part Of
the same premises for atore iu December last. Ii
was separated by bolt and plaster partition. He
commenced business there last MAY, and was in
bis store several times, but thought he did not
derstand the business of dry goods merchant
l have goods carried away in boxes and bun
dies, but they covered could not tell what
the goods consisted of; saw some moved short
time previous To the fire; il appeared t. me like
stock of linens, which understand was for the pur-
pose of stocking ready made linen store near the
Centre Market. Mr. Ph9nix here took a fresh OBJ
lection To the indictment In that document the ac-
cused was charged with firing certain premises in
the First Ward Of the city and county, etc, where
the proof before the court that the fire in
the Fourteenth Ward The court overrulcd the OBJ
lection, and the examination of the witness was
sumed The night Of the fire borrowed a newspa-
per Of the prisoner which returned To hr. by my
little girl; that was about sclock +. NJ; between
that and 9 o'clock heard walking about in the
prisoners store, which was closed about that time
and shut mine up about half hour after; the
girl that shut IL was called Rosie Brown. At 10
o'clock the alarm given by some wrapping
with great force at store there six persons
residing with me at that time.
BY the Court-Prisoner oc cupied the store under
the same roof as my dwelling house; my children
went to bed at o'clock and there smoke at
that time.
by Morrell Il did not go to bed until after the
hose company had arrved my slept in the store
he had retired before the alarm given
by the District Attorney-When the alarm was
given the door Of my store flew open, and the bolts
were burst OIL my son had previously taken down
barr told the persons the fire was not in my
house: when the store Of the prisoner was burst
open. Jaw the fire in five distinct places behind
the counter and up among the shelves, running up
10 the ceiling. the fire was on the right hand side
we 20 in; there was pile Of linens lying on the
counter. near the pillar, and they fire; the
back counter was also ON fire, AND had been burnt
through; there a line stretch he'd from the back
of the store, ON which lot Of cotton goods had
been hung and these were burnt and had fallen on
the floor.
Al this point Of the the Court rose, and adj
Journed.