The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-19


clate Judges, Prosecuting and Defending Counsel,
Jurors, Reporters, NC, are all stopping here.
The Native American Party are TO have great
meeting here Tomorrow night, to adopt constitu-
ton and bye laws. The success of the party in
Newark is equal TO that in the city the 4" old Hun
kers" are trembling. The train is starting.
Yours,
Essex County Oyer and Terminer.
Before Judge Whitehead and full Bench.
Trial Of Thomas Marsh for the Murder of the Wife and
hpo Children of Gersham Cheddick, at Newark, on the
night Of the 9th Norember last past.
SECOND DAY-PRosEcUrIoN CONTINUED.
Mr. CHEppIcK recalled--Devered up the key of my
house in Railway to Mr. Day for Marsh about the time
moved to Newark; the stone which fastened the door
Of the house weighed forty or fifty pounds.
By Mr. HAIsTED-The man who formerly lived in the
burned house gave the key Of the front door, when
informed the persons who occupied the house Of the
change found the woman was sick; they requested me
to find them house which helped them to do and they
moved out three or four weeks previous to the fire.
RoBERr L. BRowN swornl live at the brick kiln house
in Elm street, was the first person at the fire; be-
tween eight and nine o'clock; kicked the back kitchen
door OPEN and took out barrel of buckwhea and then
the big dog out; this the where the family
had the fire. the front door open and the fire under
the stairs and blazing to the op the flames pretty
near out to the fence so that we could not move to the
'front.' made three attempts to get at the barrel OF buck
wheat hot was the room; the fire had broken through
the partition close to the staircase but had reached
the hearth where the family fire had been kinded
there fire in it at the times when opened the back
door the fire had only broke through the partition, and
had NOT reached me noor ,ne was placed al tue SIDE
the house reach the place where Mr. Cheddick stood
recollect that it was moonlight night; returned home
as t u '1 roa All not & hnd 'S @
lying outside the fences the following morning saw the
aces OF straw lying aoot; was There about O'Clock
yas tban ataondiug nv The oven whicb ia shndr, ,,
: ", 60 =, 80. =, x honsa. H. -, - 49,
- o, . . s ~, o h " .e e,u VIZ ',ee ooues
si1e Of two of the bodies that lev were those '1
abou. twelve 10 syteen years If are th i,a
NJ, ,a ,Srnrrb nnar Tho etsirs and h ,n I'll
dies about four or I'VE feet distant from the a
body toolthe larger bodv IN he that of nm old iad
Nv MIR V.wpvurrhe front door s,ood ahout IA III; ,yar
omen when FIRST saw H. the door wos on fir. lint was No,
unhinuud tirs flames were issa.s through tl.e opon
space there was no Of at the spot where the
straw lay outside the fences the house did burn down.
was pulled down; examined the house the next day
there several pots and kettles lying on the kitchen
hearth; had been in bed before heard the cry of fire
Cross eramined Jy Mr.. HAisrEap SEM heard the cry
of fire three times before got up first supposed il was
the brick kiln but as got up saw il was Cheddick's
house about five or six minutes elapsed between nv
hearing the first cry and my reaching the place where
MIR Cheddck stood the cries of fire We're in rapd sue
cesson the first word that Cheddick said to me was that
his wife and children in the upper room and asked
to try and them he said he had jumped out of
the window the ladder the end of the house be-
tween the two windows thRk he said at the time that
he had placed the ladder there but could not get in Pa
in the window had tried with my hand but the glass
was too hot broke the frame of the window the fire
and smoke rushed out did not hear any one in the
believe hallowed or times but got no answer
that heard so iumped off | shouted before | broke
open the window when got of the ladder ran to the
back door think was the first one at that door the
door leading from the entry TO the kitchen was not omen
after had failed in the attempt to get in at the win
dow Mr. Cheddick begged me to try q second time but
told him twas useless he then went to my house to get
on some clothes.
By the CouRr.--Cheddicl when first saw him had his
hair snged and his face and were blackened he a
peared to be lame
Cross examination conhnued-The stone lay on the fol
lowing morning behind the front doorwhen first arrived
there could not pass between the fence and the front
door in con sequence of the flames
The Court here informed the Witnesses who had been
late in their attendance that il they were again absent
when called fine OF such amount would punish them
would be imposedl
PArn,cK GALLAGHER sworn III live at the same house
with the lat witness heard the alarm of fire and went
it; was two three minutes after Brown / could
not say what o'clock was the only persons saw there
was the old man (Cheddick) and Brown.
There was nothing elected from this witness he
merely corroboraed the last witness
IRA MERCHANT, sworn-I was at the fire at Cheddick's
house; arrived there about quarter before nine;
heard the alarm few past half past eight was
at my house in Walnut street, which is about half mile
from the burned house, there about thirty persons
there; the roof had fallen in and Part othe upper
had burned through; the 'front.' back aud south east
end fire. the upper portion Of the other side
burnt dow TO the Windows saw Cheddck after the fire.
when first the bodies they lay ing the first
noor about six feet from the kitchen fire place; there
three bodies, two lay side by side; the other lay
about two feet and half from the two; took out the two
bodies first and then removed the other body do not
know that any person had discovered the bodies before
mel there was part OF bed tick and some feathers lying
on them; did not see any fragments oil straw lying
them; do not know whether the upper floor had fallen
through when got there, but know that there was
ahont six eet burned through
The District Attorney here informed the Court that
Charles Eastbun prisoner confined in the ga0 had Just
died He had been sentenced to the Penentiay for six
months but in consequence OF i'll health had not been
moved. The Court said that action necessary
with regard to the disposition of the ody that coro
would hold inquest, which was what the law re
quiIedl