The New York herald., 1844-09-26
Court of Oyer and Terminer.
Before Judge Parker and Aldermen Hasbrouck and


Assistant District Attorney.
SIR. 90 Chargt Of .a,son-Gutlieb !. II. Linde was
placed at The bar on The charge OF having Committed the
crime oil on the 26h july last a the House No
Lspenard street, in this city. Prisoner is young man.
about 81 years OF age, and is a German by birth. The
prisoners brother stands also charged sccomplce
MIR. WILLIAM NJ PRicE OF counsel Tor the prisoners
moved that they be tried separately, which the Court al
lowed, and the prisoner Gullieb, srrsign.d the
clerk living the usual ntimations as to prisoners right
of Teremp,ory challenge Of twenty Jurors Several ju
and questioned to the TACT oil their
ter,aning any conscientious scruples in relation nd-
ing verdict in The event Of the guilt Of the prisoner he
ing established and the punishment being death who
answered in the Affirmative when they were directed to
draw.
The following are the names of these gentlemen with
their residence and upaon John Adams, merchant
7th ward Addison A. Jayne grocer l4,h ward John
chant i4th ward; Henry Rogers, cartman llth ward
Lewis Curtis merchant, LIST ward Walter +. Brush,
C. Hail merchant 18Th ward; Abraham c. Barnum. rrc
Ger, 9Th ward Zepherias Frost
The panel consisted OF but 90 and prisoners counsel
having exercised his right OF peremptory challenge in
most cases where the objection as to "conscientous
scnple" did not apply the panel was exhausted Jurors
Michael Burnam Foreman Charles Jenkins. J. d.
Crolus Daniel Wilson, Nathaniel j. Boyd Ralph Bige.
low, Joseph Hall, Edgar lfvings
The Court hereupon ordered tales of 6.
JosEPH b. SIMPSON one oi the tales being asked the
question in relation to conscientious scrupes" replied.
aud sold ho would scru,inze the dsIoe very closely
before he would find verdict in such where ior.
feiture OF life would be the penalty" He sworn
Richard II. Wood, Daniel O. Taylor and Thomas B.
Nearly four hours consumed in trying TO select
the jury mos OF the tales having been rejected the
ground o, entertaining scrupes' the subject Of find
ing verdict.
The prisoner was then arraigned on the Indictment
Mr.. J. b PHILLirs opened the case The offence
charged was one OF most helnous Character and called
for prompt action to and protect the and pro-
pcr,ies OF citizens The ncendary powed about in the
night and committed his depreoaons, with human
10 witness his foul ceed The prisoner the bar and
brother who as charged as his accompce. found
IN the store and doubt renamed OF their having
wittPI the deed The had
resting upon them and they satisfied oil the guilt
ofthe prisoner they were bound to render verdict
LawHENoE M LurHER sworn examined by MIR. Patev-
SON reside in Lispenard street saw the fire the
2yth oi July, about O'Clock in the morning.
heard the cry of fire., as was out duty fireman.
nj this time at the Of West Broadway
the place of the FIRE, and crowd collected. We
brooms on a ere that kn5ed first went in with
pail of wa,c ; took the brooms that FIRE and
went to the door and told persons OUTSIDE pass
hem oxt. After passing them out some came to
the door and gave me lamp went behind the counter
had brandy in it, There was also what is calltd cash
ier bag and some papers they appeared 10 have been
burned down The second demiiohn appeared 70 contain
turpentne Both demijohns were placed together The
floor around did not appear TO have been burned The
handles Of the brooms appeared fixed down the
floor. AT the time Of my turning round some time after
with the light saw one young man (not the prisoner)
WITNESS here identified the brother Of the prisoner not
on trall-I lid not the prisoner the bar there
Cyosteraruin,d BY Mn PHEsI-I do net think the
cashier bog" was buIned saw no blsze on The paper.
saw papers the counter that not burned IL
is short space from where the brooms ere TO
the place where the papers lay.
To Mr. PATEnsoN-The store was occupied as grocery
store there large number OF casks in this
contained some six or eight casks there were several
oaves ofump sugar also hanging about the stores ths
stock appeared to be worth 5000 including fixtures.
TO MIR PaKrrx-There were about half dozen casks
dled with waerto make up show; water is sometimes
put in casks t. preserve them.
ARTHUR McLAucuLrs-Exsmine by Mr. PATTERSON. I
resided NJ the time OF the FIRE the house above store No
Lspenard ST hired the above the store heard
the alarm about three o'clock and went down stairs and
the prisoner was going down standing st his bed
door; they owned the store patneIs whsn bs
her that there wanted 10 break In the store the phi
said let IL burn and be demned;p the baker lived
the adjoining and lett last Monday for lndsns
store is situated at the Co ner OF West Broadway and
Lipenard street, there two windows at the Lpsnard
street side.
Cross ,1arnined by Mr. Prrcr There people In
the when went in; did not advise any pcnon TO
arrest them had quarrel with either OF the brothers
AZ the time both the prisoners eced together IN the
store dealt with the other brother as the principal
To the CouRr got receipts from the other brother
can't read. .
the prisoner and ms self have often smoked cigars toge
ther; on,n the store opened on sundays have
seen people drinking there or sunday night
To MIR PArERsor.-i can't swear how near the brooms
TO MIR Pp,cn The prisoners brother ives sick.
FEAscr. CpEspy and examined by Mr.. Patterson,
resided at the time of the Are in the house on thsi
night when heard the alarm oi fre,n rushed down
and met the prisoner sskrd him III the
not ere r. he said he did not know lew remsrks
were pass ed as ts how the FIRE took place
Cross., yapineJ ny MIR Pnssry--i hired the from
he other brother, Frederick when got down TO the
entry, the prisoner had his pantaoons was after
wards In the store
JAWS R,lss another witness was placed on the
tand with view to prove the fact Of the prisoner hav
failed 10 prove after which the District Attorney gave NJ
he and tho Court directed noe p,oseq 10 be en-
erred in the case Of the other prisoner Frederick when
both left the Court amid the warm congratuaons Of hs
friends, and the Court adjourned.