The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-05-23

Court OF Oyer and Tcrminer.
Before Judge Ednonds and Aldermen Henry and Seaman
:. NJ c: Peterson. Esq. District Attorney, mi.
tri was resumsd TSs Court room was crowded to
ce;: The prissaet took his place BY his counsel and
ms M. on a. lap e which he had his eyes conn
49,. JAMES Lee svo.nZErsminsd BY Mr.. PArxnsos-I resi-.
last knew Hsnn the hushsnd my attention
was called to the fire on the morning Of the asd Decem
to the .han and wa. coming into
flames about the roof; called on man named Brown
70 run with me we ran together when got to the
house, the little boy Lawrence was crying went
the window, and could not get it broke the window
through, and did leave pane Of glass in pulled out
viii Se ss
him whore his mother he said, " In the bed 7"
tn. smoke could not enter the door because It was
blazing at the time from the fire; went to the bedroom
window, and the shutter was hooked inside; could not
get open; went from the back part Of the house and
looked for another window there was no window there's
then Klein inside his own house. looking out from
the window, with his hands the window; can't tell
whether that is the instant not when first got to the
house he outside the door; went over after to try
and break the window in; then broke the window In
went round to the back part Of the house and broke
hole and got in the bed where the woman lay ap
parently dead; heard Mr. Boyd and Mr. Moat took her
out; saw the child after it was taken out
Cross-erawsined by Mr.. SHErHERD-I cannot say how
paee had no watch aSos. me that morning.
watch though do not always wear 1t; Klein ordered
stand back whenhe made thurst Of the stick at
me; think It had iron fixed It; never took any parti
cuar notice of Klein before this occurrence; never
spoke to him; never saw any thing peculiar IN is con-
ing; there was an entrance through one end of the
fences there three four boards OF the end OF the
fence; ran back quick as could when Klein made
ARcHrBALp BRowr examined by Mr.. PATERsor-I
lived in the neghborhood the time Of the fire. got near
Klein and he said something in Dutch; understood 1t
was to stand back he had his stove close by the windows
and had fire in the stov he took the stove near the door
Of Hanlin house and put some straw upon ana some
Of close to the door Of anln's houses the fire blazed
at the time and then the door bazed up he went back
shut up his houses the two houses are about
1--WE yards distance; Klein arrested by the oicers
II said that the prisoner had fire arms; the officers
broke down his house through the roof and arrested
him.
Crossssaminsd BY Mr. Benediet-when frat got 70
the fire Klein there said, You rascal, what are
you doing 7" he said in Dutch broken English from
what he did and what he said understood him as mean
was blazing at the time he then took away the stove
helped him; the officers first threw stones at the
house the house had no windows: i had ,nssse.s IN II
DIR. A. @. RAwsoN sworn, examined by Mr.. PATERSON
II took the deposition Of the deceased Catharine Han
linz Justice Taylor was present the jury were present
taken the oath December the post mortem examine.
ton was taken the 25th when took the Deposition
asked her If she thought she was about to die !" she
said :" she hoped not"
The defence opposed the reading Of the deposition
the ground of its not being taken In ertremis.
Justice TAYLOR was called to the stand examined by
Mr. Paterson-Dr. Cook and the Coroner the woman
on the 24h and informed her there hope Of her
recovery Mr.. Porter was there when the Coroner
asked her what her employ vast" and she answered
saying she hoped God would have mercy ON her T. her
manner showed that she had some hope she would re-
covsrKlem present whenh signed the deposition
Mr. SHEPPARD objected to the reading Of the deposi.
That the declaration must be made under sense Of
impending DEATH in prospect of almost immediate disso
in and
MIR FATEnsos replied, and cited authority sd HILL case
of Mrs. Purdy. f8F t#4 fsssa
Tho question was left open for argument
DR.. Posr examined by Mr.. PArERsor:-I attended the
y burned about the throat the arynx and trachea down
to the lungs there considerable Serious cfusion,
s
there appeared symptoms Of organic disease about
attended her before her death also her breathing
very difficult to which attributed her death from the
injuries to her throat wond appear a. she inhaled
hot air
the admissbility of the written deposition was over
ruled.
The deposition was then read. 1t went to show that
murder that the day Of the murder he first went to
the door and threw stones at that on his get
thrust her back into the ames and subsequently stab
bed her in the thigh she then went to the window with
he threatened to cut her throat
fell down. and did not know who took her away until
after she came to her senses. LN-
called upjbymy wife on the morning Of the
told she Klein setting fire to the house rush.
r.. the
down the floor quite insensble we got child also;
its face very black and dirty, and the child was
parently dead the smoke very sufocating to N.Y.
self; got sick myself from the smoke saw Klein 60
from the house with axe in his hand he then went
CONVERSATIONAL b. Mr. SHrpuARp-I never knew any
person to associate with Klein three colored
men, who used to constantly reside with him.
testimony in relation to the burning went to the pr.
afterwards and asked him what he did that for he
hands, could distinguish the but the other
pom; he used to set dogs at the children him
day fire of gun at children.
ncighbor of Klcims, and neither himself wife had
ever any difference with him; there difficulty
about hogs or pigs
JAMES D. SrRoSe, police officer, examined by Mr.
PArERsoN-I informed Monday morning, the 22d
that house had been SCI on nre IN Fifteenth street
Dutchman that did H. and that he was locked up in a
shanty adoning went once to the door but found it
fastened inside; was told to be careful how acted
KLEIN had fire with him, and prepared to de-
fend HIMSELF then asked some men who were there il
kCIsd ~ the SSor and found that
yielded; when burst the door open Klein had dog in
hand and the stick and spear in the other; took up
stone and struck the dog with III then directed Mr..
Cox and other 60 round and attack the Of the
house. which they did. and broke in the window; by
this time Klein had become little tranquil and
seemed az If he wished to speak to me- then walked
nearer to him, when he made another thrust at mel
seized him by the arm and he asked why stones
thrown in and said in order to break open the house,
there was stone thrown which hit him on tae cheek
rushed In him and caught him by tho back Of the neck
he made blow with hatchot at mo, when his arm
was dbysomebody else; took him out Of tie build
the law in their own hands We then went with him to
Sd avenue, to Justice Taylors house; then returned
back house, and found Ratchet butcher knife and
the spear; back to Justice Taylors house, having
been informed that Mrs. Hann was in dying condition;
asked him If the made the diicuy-he said "no
he said they had pgshey troubled him." said he had
done very wrong can't say positively, but think he
said, II can't help it." He said he had money but
found his two said that all