The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-20
Essex County IN. J) Oyer and Terminer.
Before Judge Whitehead and full Bench.

Essex County IN. J) Oyer and Terminer.
Before Judge Whitehead and full Bench
Trial Of Thomas Marsh for the Murder Of the WIFE and
fso Chidren Of Geysham Cheddick at Neuark, on the
might Of The eh Norensber last past.
THIRD DAY.
ELIJAH KELLOGG sworn-Iive in Elzabe,htown; think
know Marsh by sight but not by name; saw him few
days before the fire. when he inquired for Mr. Day. whose
office near; he afterwards told the story of the two
places and the mode Of exchange &c. and said that the
sent and that he ought to have had 500 or $3.50 IN his
avor told him it was hard case and he asked how he
could get clear of if said didn't know when he said
he believed he would not give up the deed then told
him he need not give him the possession to which he an
swered that Cheddck had got That's then told him that
he could get them out he said they had entered into
strong agreement to abide by the decision Of the arbra
tors; then stepped out to inquire when Mr.. Day would
return, and Marsh went with me, and asked me on the
way iii could not go and see Mullord; answered no
when got to Mr. Davis office Marsh went in with me-
and passed into the back office where NJ. took bun
dies OF papers from two or three pigeon holes and put
them back again. said he ought not do in Mr. Days
absence, TO which he answered he would not If had
papers from drawer; asked him what he was look
ing for and he said his deed; then went back to
Day would be leaving NJ in the front Office for about
minute and then returned to the store NJ asked me Sc
yeral times how he could get clear ofhs bargain said
did not know; when he asked If could not go in when
they reading the deed and get it and lay aside
where he could get it, said he could not make such an
arrangement with me; he then questioned whether he
could not get Mr. Day to DO it, and said when he
said well you might get yourselves into difficulty if
know ii there was any back way TO Mr. DAYS Office didn't
the question: about this time wagons drove
up ,when be said there they comeny store is about
90 feet from ypays Office the buildings on it was now
about dusk, and went to the Office and told Mr. Day that
Marsh was ia the store, when Mr. d. went there and
went into my house; afterwards went to the store to
get my coat when NJ wished me to go the Office to hear
what was said; saw nothing more of Marsh that night,
think this happened on Tuesday 9TH November; Marsh
appeared to be in earnest and agitated think the
Thursday ensuing oithe same week that the house was
burned have not seen Marsh since, till yesterday
WM y DAY sworn live in Elizaqetht0wn, am an at
torney at law waited upon by both parties in rela
ton TO this matter Marsh called first and stated he had
made arrangement with Cheddck to change places
this about the 2s of last September he stated to
the terms already testified TO the day alter that
Cheddck called know if Marsh had told me of the
rangemen when said he had and repeated the terms to
him, TO which he assencd the day after that Cheddck
and his wife called at my Office and executed the deed
few days after that Marsh called to ascertain il Cheddck
had executed the deed told him yes when he said he
did not know whether his deed from Egber was in New
York, In the Clerks Office in Newark he called again
shortly after and expressed fear that Gersham would not
abide the arrangement If he should go and make his
deed and said that Gresham Irresponsible and if the
award was In his IN ~ favor Gersham would likely shift
his property out OF his hands then proposed that papers
should be draw with penalties in they did not abide
the award he said Gersha foolish for making such
an arrangement as he would have persons there who
would say the place was worth one thousand dollars
when the arbitraors met saw roihng more of him till
?3d October, when met him and Cheddck in Newark
In front OF the Court House tey Immediately spoke OF
their bargain and Marsh told me to go and draw the
alties when the award was received and bonds were
made ont was to deliver up the deeds to the parties
prepared the deed from Marsh and duplicate OF the art
Gle Of agreement onhc following Friday he called and
said he was going to Gershams neghbohood to stay all
night and would benp on the next morning he came
with Cheddick, and Marsh then executed the deed and
both parties the agreement each article of agreement
was signed by both parties and copy given to EACH re-
tanning the deeds the next interview had with MIR.
the evening Of the day when the ari TRAITORS met
he was at Mr.. Keoggs store he took from his vest
pocket piece Of paper with estimate Of $3.50 upon it,
nl0ok DAY Init hp tpy hayp
doing with me : he said those the figures the arbira
tors had made he much excited and enquIed whether
he coudni get clear oil il; told him didn't know how he
could had drawn strong by his requests Incorporated
the question several tines TO the door to out
place Cheddcks article of agreement where he could
come in the back way and get az declined and LETT him
to go to my ONCE where remained in conversation with
Cheddck and Ward who there about the manner in
which they arrived at their result; they left,
Marsh into my Office and renewed his enquiries
to getting clear Of the award lie then wished to go
up to Mr. Mulfords with him to induce him not to bring
in his award declined going, but said Milford and Shoe
well had no doubt wonld withhold their ard il they
satisfied they had not done justice; they had not 81
ven in their award at this time he then lett to go to
Mulford next saw him the following morning about s
queer man. he repeated his enquiries 10 getting
clear OF the award when said he had better take
Office where he went and in twenty minutes returned TO
inquire il thought Cheddick would move up and take
possession Of the premises IN Newark told him thought
not till the arrangement fully competed he remain
ed few minutes, and then left saying 81 am going TO n
York. damn it, don't give mp my deed" on the evening
previous he said he did intend to abide by the award
did not see him again till saw him in court some one
left Cheddcks key with me for Marsh the same day e.
NOV ed up.
think they said Ward not with the other arbitrators
till they had made up their minds. and then dissened
The DrsrHcr ATroR,Ey here proposed to offer in evil
dence the award signed by the two referees aud which
had been deposited in theIands OF Mr. Day, the last wit
ness.
MrHALsrrAp objected to its introduction the ground
that the award not legal one, nasnuch as II was
made without the consent OF the third referee Mr. Ward
although they would not say whether IL legal award
| or not. The following is the paper -
We, the subscribers, duly chosen by Thomas
Marsh and Gresham Cheddckn accordance with articles
Of agreement duly executed between them the seventh
day Of November 7th A. ID. eighteen hundred and forty
three to Judge and determine 70 whether said Morsh
shall any and what amount to said Cheddick or said
Cheddick shall pay any, and what amount to said Marsh
difference between them exchange of properties
named in said articles over and above the
spulatons contained in said articles Of agreement do
hereby certify that said Thomas Marsh shall pay 10 said
Gresham Cheddick the sum Of eight hundred andy dot
as to be secured by the said Thomas Marsh in accord
ance with said articles of agreement
Signed, JONATHAN MILFORD,
VIM. NJ. SHOTWELI.
1.-THE italics show the words inserted by the two arb
traitors
HESRv wAMnoLp, swom.-Live in Ferry stree, in this
city have known Marsh ten eleven years had con.
veTsaon with him on the sth November about this arb
tration he came in the victualing house where attend
and called for breakfast and asked me If heard him tell
the arbrators that would not stand to the bargain they
had made told him had he then said won't stand II,
member 1t he seemed angry and used harsh words said
by j c. he wouldn't stand it, and he'd be G.
damned he would stand 1t after that he went in the
front shop where he met Mr. Slater the Of the vitun
ling house, and James Wilson of Ezabehtown he ask.
ed II hetwo could proceed with the business without
last saw Of him till saw him here in Court this con.
versation took place the day before the fire.
Cross eramined-Nothing new ELECTED.
NVau nnlar n(