Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-09-18
General Sessions.

0chcHuA ScsSlOnss
Present Recorder Morris, Judge Ings, and three
other Judges.
SEPT l6.-James Pearl, negro boy, was con-
victed Of stealing watch from the United States
Hotel.
Arson.-Benjamin r. Carter, who stands charged
with setting fire to the premises of William Van
Emburg, chemist, at the corner of Peck Slip, was
put on his trial for that offence. Four witnesses
were examined on the part Of the prosecution, but
the prisoners defence was not entered on, before
the Court ose and adjourned.
SEPT i!-1ridl for Arson.-Benjamin X. Car
ter, well dressed but sickly looking man, was put
10 the bar, charged with IN the third degree,
in setting fire to the premises Of William Van Am
burg chemist, on the corner Of Peck slip.
Mr. Craft appeared as counsel for the prisoner.
William Van Amburg examined.-I am manu-
featuring chemist, and have store on the corner of
Pearl street and Peck slip On the first of January
the fire on my return Yhe prisoner came "to NV
employ in the month of August, but left in Novem-
ber He returned on the I'd of December, and was
discharged in letter which wrote to him that af
ternoon. The fire occurred in the afternoon of the
first OF January. boy gave the alarm, and found
that barrel OF rubbish had been set on fire, which
had caused some bottles of turpentine to explode,
and burnt three rafters in the ceiling Of the cellar
Previous to the LIST Of January person called on me
and asked if Carter had lived with me, and why 1
discharged him; l said because she did not suit
me-. My stock and fixtures were worth $4,000.
The witness underwent long cross examination
from Mr. Craft, but nothing particular ELECTED,
except the fact that no settlement effected
pTlsoneT IOT SERVICES, the VILLAGES having
refused to pay him. because he had exposed his per-
son to some females whilst employed in the store to
which he added, but "may have said that rather
than hlvo any litigation would pay him go"
Samuel w cling examined. Il was clerk to the last
witness at the time of the fire. On New Years day
the prisoner called about o'clock in the afternoon
and asked to leave a coat, which he said he would
call Tor; gave him permission He then came round
and | saw him open draw, where the locofoco
matches and lip salve kept, but did not sus-
pect any harm then said, :" shall have to invite
Ill 4. Ill n
calculate this will be the last time shall be in this
store" We then all left, and he went off with a
sailor, and with friend went towards Franklin
square. ! was coming back towards the store when
smoke coming out Of the cellar, and said, Shy
Jove, the store is on fire." After few minutes had
elapsed the prisoner came in and acted if drunk;
he asked for some julubs paste, which he paid for,
left but was shortly afterwards taken, and brought
in by Waterman.
John w. Davis, ex.-At the time Of the fire re-
sided very the store Of Mr. Van Amburgh. On
the evening OF the first of January the last
witness, the prisoner, and another man come out,
| and one went towards Franklin square. Carter
went into the cellar and came out again after staying
short time. He then appeared as If he wa going
down towards Peck slip. About half an hour after
this heard the cry of fire, and said to my wife,
I've no doubt its the work of an inc endiary for il
is not more than half an hour since saw some one
come out" waited until supposed Mr.. Van Am
burgh had arrived and then said TO my wife would
go over and see what they could give for the
NJ, 80 NV s''~ S~ss sS'oj sSmS ohe hau
set il on fire.
went over and saw Mr.. Van Amburrh, and gave
the same account Of the young mans leaving the cell
lar. also asked yelling who that was, and he said
oh Carter, who used to be clerk in the store.
BY the Court am confident the same person
came out OF the cellar, as watched him out Of the
store. 1t was the same young man. He had cap
with tasses on it, on his head, and coat with
a iguredsilk collar.
Seymour G. Mortimer examincd-I am a clerk to
Mr.. Van Ambargh. About two in the afternoon of
he dn of he i wep inf fko call To
some coal, aud secured the lock OF the door hen
came out. In the evening the prisoner came TO the
store, IN state OF inebrety, and in course of
versation he said that Van Ambarg was a id
rascal. Witness, after the fire was put out, got
Waterman, and had the prisoner arrested.
For the defence, Mr.. CIat set up that, according
was not punishable under the form of indictment
in which the case was presented TO the Court.
The learned gentleman then addressed the Jury,
and contended that the testimony was insufficient to
prove that Carter set the premises on fire. All the
facts sworn to might be true and yet The prisoner
may be innocent
Several witnesses were called TO character, and
Mr.. j. X. Chiffon was examined TO show that the
refuse Of drug store, thrown together into cask,
might take fire by spontaneous combustion.
His Honor the Recorder charged the jury on the
facts Of the case, and they retired Tor two hours
and thca told the Court that n they until dooms-
L day they could not agree.
The Court then discharged them, and the priso-
ner was remanded.
Patrick Murray was put on his trial for whining
Catherine Clark, with intent to put her out Of the
house
The jury acquitted Patrick.
John Colon, who has been some days in "the
tombs," under sentence for the verren libcls, was
brought into Court, paid the $780, and was dis
charged
John Sandman, Mary A. Sandman, and Mary +.
fireman were tried for whipping Martha Mott,
little negro pauper, whe had been apprenticed TO
the Sandhams.
The jury, under the direction Of the Court ac-
quilted the Scandinavia and found Mrs
guilty.
The full particulars ofths case have been reported
in the Herald very fully.
The Court adjourned at 3P.M.