The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-12
Court of Oyer and Tcrminer.
Before Judge Kent and Aid. Purdy and Lee
Trlnl OF SOPHIA POthnst.

FoR Arson IN THE FIRST DEGREE, IN SETTING
FIRE TO THE HOUSE, No. 149 LEONARD STREET,
ON THE NIGHT or 18th Der.
JAN. 1lrH, 1S42-The prisoner,a somewhat aged
married woman, thin and pale, was placed at the
BARD. Bucklin and p. J. JodchImssen, Esqs., ap.
peared her counsel, and the District Attorney
for the prosecution.
The District Attorney opened the case, in which
he stated that the question arises whether the
prisoner is guilty Of arson IN the first third de-
gree. The latter is where person sets fire with
view to defraud Insurance Company. The
ashland Of prisoner had an insurance for $500 on
personal property, at the Etpa office, aud did not
have Ss25 worth in possession. The house l49
Leonard street was occupied by several families,
and on the 10Th CT October, the basement stairs
were discovered to be fire, and all the inmates
were mach alarmed, except Pothast and his wife,
who did not appear. Finally some one knocked at
their door. They were up and dressed, and seemed
to be in no way concerned. Why the husband was
not indicted instead Of the wife will probably APP
pear on the trial.
dJoHN ASHER, sworn.-Resides at l49 Leonard
street. and has lived there four or five years. Is
tailor BY trade, and owns the house. The prisoner
lived there since last May. IL is twe-story
wooden house, near Centre street. There is a room
attached to the house, back, which prisoner lived
in Witness made complaint at the Police Office
next morning About hat-past ten l went 10 bsd
in one Of the two lower rooms. went asleep but
was awokc by a cry Of Fire f! Fire !" and a
knocked at the door. got up as soon as possible,
but before got my clothes they had put the fire
ont We found fire and combustbes had been
placed under the stairs which had been boarded
up and kept as place to keep things in Found
basket, with okum and rags in it, and candlestick
which belonged to Pothast The basket and con-
tents were partly burnt, but the stairs were not
much burnt. l went up to Pothasts room and
Knocked but they would not open the door. saw
through the window tina. he was up, and saw fire
in the fire. place. went back 10 the basket and saw
some Of the rags that knew belonged to Pothast
made them open the door, which the prisoner
opened and said she had had no fire IN the room.
Pothast had been sick and confined 10 his bed fer
two or three weeks, bat wa, up then and dressed.
told prisoner / had found her cande.stick under
the stairs, and some one had made the fire there.
She replied-"I did not make it," went to where
the fire was she came down soon but with candle
in bottle, and said that all the candle stick she
had. She said the candlestick did not belong to
her.
Cross-ernmiued--Doe not own the house-I did
not understand the question. The house belongs
to Mr.. Kell,g Witness keeps the clothing store
in front. There were families in the house.
Other witnesses were examined, who corroho-
rated the above. The fire was first discovered by
who slept in the garrett and bad been kept
awake by the tooth-ache He smelt the smoke
and gave alarm. On coming down they found
the stairs on fire and the house filled with smoke.
which board had been removed 1t also appear
ed that loafers frequently went into the house and
that the stairs within few feet Of the front
door
The testimony seemed weak in respect to fasten-
ing the crime on the prisoner, and the case
submitted TO The jury without charge from the
Court or summing up Of Counsel Without leaving
their seats they gave verdict OF not guilty, and
the prisoner was disc harged.