The New York herald., 1845-10-15

Carman guilty OF burglary the first degree and the
.anOther Trial for Burgiary-John Adams was next
the night Of the Sd of September last broken into the
porter house Mr. q Farley No. 1866 Cherry street and
terfeit Mexican dollar The jury found the accused
guilty Of petit larceny only, and the Court sentenced
him to be imprisoned in the penitentsry for the term
Nes ProssaaA nss gyS;sgu % was entered in the he
misdemeanor, in neglecting their duty in attending
to the case OF Livingston, colored barber, who was
stabbed in Canal street, there testimony ad
duced to convict of neglect The accused watch
men at the time of the occurrence The Court then ad
journed until II o'clock tomorrow forenoon.
Court of Oyer and Terminer.
Before Judge Edmonds and Aldermen Hart and Diver
M. Paterson, Esq District Attorney;
specially set down for this day. commenced at II o'clock
The prisoners respectable looking people, consisting
c. Payne Cecilia and Mary Anne Payne daughters Of the
latter The two latter are remarkably pretty looking
Sss sPs
MIR. GRAHAM intmated that they intended for the de-
ienes to try Mr. HaugAwout sspsI'ately' and Mrs.
Mr. PATERSON wished to have the case go generally to
the jury and all the prisoners to be tried together
Haughwou should take first place separately. The pri
hersupon took her place by her COUNSEL and the
| court proceeded to swear the jury.
After considerable delay in swearing the jury, large
number the jury panel having been set aside on the
ground o. sclHbes as nhH
Of arson the following inTy ain
Hall. Edward A. Tappan, John Fletcher, William Wal
ford w F. Larrabee, Richard Westake George Barnes
William A. Brown, NJ. +. Laxton, Henry NJ. Hoyt
| The trial hereupon commenced at hafpast o'clock
The prisoner was then arraigned She stood indicted
for firing her residence situated at the of Broome
and Laurens street, the morning Of the 25h June
last, at about clock in the morning Messrs. Dl
Graham and James NJ Smith, Jr, appeared as counse-
| for the prisoner who pleaded not guilty.
Il Mr. Pa har nDOu 0Deua a
at the bar stood indicted for firing the house
toned in the indictment. The house was fired in Pc
| cular manner, with shavings and camphene, which
| were placed in six different parts Of the house. He
would be able to show that the prisoner at the bar had
ment The furniture in the house was insured and the
question Of the prisoners guilt was to be Inferred on
produce direct proof in such They would also
be able show that the beds in the house had not been
at one Of the Insurance Offices they stated that ali their
clothes burned and could DO shown that they
were not burned.
Mr.. GRAHAM hereupon said that he would be able to
establish the fact Of the prisoners being married TO Mr.
Haughwout and this were shown, she could not be
indicted in law, it established MAXIM that in
where the wife acts under the control of the hus
| band, she could not be indicted.
Mr. PATERSON would be satisfied if they proved the
fact of the marriage to meet the defence on this point as
| ANDREW w. Twsr was hereupon called and examined
by Mr. Paterson resided last June in the house
Of Broome and Laurens streets; occupied part OF the
premises about Ia months; have no family; have a
|
the upper part of the house called Broome street
| loon it was kept by Mrs. Haughwout and her two
minutes after O'Clock; aroused by the heavy
knocking at the front doors got ups the watchman told
fire had spread; saw the smoke and the flames; when
got up in the upper part of the house the tire was exn
gushed; after looked at the premises took out m,
furniture; found water running down on the floors;
went to Mrs Haughwout and told her to have the water
prevented from running down on the floors cannot say
where the fire had first been; was part ofthe secono
story it about half hour after got that
up stairs; Mrs Haughwout in the house alter tn.
fire in the mornings saw shavngs spread on the
steps on the staircase some wet and
dry saw shavings in any other part OF the house;
saw some goods removed the house three ioui
weeks before the fre occurred it old furnture;
saw sign removed; it was an old sign, on which was
painted "Oyster Saloon"
CouRr-What has that to do with tie case
Mr. PATERsoN-I mean to show that these goods were
subsequently, charged againstthe Fire Company.
Counr-We are not trying case OF fraud against the
Mr. GrAHAM-In the course of the trial it WILL too, be
made appear that this is an indirect mode OF defence
Mr. r. i mean TO show the motive all throughthe case
CouRr-l don't see how you can connect the matter
WIrSKss.-I saw Mr. Haughwout employed in re-
moving the iurniture Mrs Haughwout was not en-
ployed in doing so
MIR GRAHAM.-Then there is testimony against Mrs.
Haughtwout. No examination
Mr.. ANDERSON, Chief Engineer, examined by Mr. Pa
tersonI discovered fire the morning in question
IN the second story between front and back DOORS
saw the partitions burned there was closet there;
went up to large garret and saw something burning
what was burning there; ordered No IL Company 10
play the stairs; they could not go; ordered No
Company then to play opened room in the third story
and found fire burning there; then got No IL pipe in
there and found the fire burning; found in it shavings
rolled up bed quilt this in the third story back
room Iopened door leading to pantry the stairs
also found IRE there and shavings also; met MIR
nsrs % he pulling h ,Ss
impossible that the house took fire accdentally did
not observe recoect seeing any beds IN the house
about o'clock when called; said former exami-
nation, il between and o'clock; was about an
altog houses left about daylight; when
left my house II night; went through Spring st.
to Laurens street; did not Mrs Haughwout there
when got there; did not see her at that time.
plan Of the premises was here put in and the local.
tiles were pointed out to the juryl ,
MIR BRENNAN, Assistant Engineer ersworn--Examned by
Mr. PaersonI at the house the night OF the hre;
directed by Mr. Anderson to SO up stairs; the rooi
of the fire; found lot OF shavings IN the
attic in two different places found lire under the STAIRS
saw Mrs. Haughwout the first floor, in the bacF
room she had hat on observed one or two beds IN
the back room IN the third sto,y' l1sy Seas think
remarked 1t at the time aud they had not oeeh useu as
they appeared to me.
C,oss Examined by Mr.. GRAHAM-The beds were wet
and muddy: supposed, ii they had been slept IN, that
they would be turned down; was talking 70 Mr. and
Mrs Haughwout at the time; there were very few at
the fire that night; the house brick house. and stands
back from the street .
JopS MARsiLLA sworn-Examined by Mr.. Paterson-I
am Surveyor of the North River Insurance Company;
survey house after the fire out; went there
the morning FIRE made sketch OF the house;
saw Mrs haughw out there; asked her how the fire
happened" and then asked her TO get I'M MIR. Haugh-
wout opened the door went in and asked how the fire
occurred; went in the back room; Mrs Haughwout
in the houses can't that she near asked her
after If she had any insurance asked her to
the policy; she said she had insurance in the
Bowery she she could tell what amount; she
said afterwards going through the hail. Jacob where
you going 7" the man out of the hall and made
M answer; she told me she suspected man who had
been hanging around the premises that he came in and
asked her Tor aims she said she told him to go TO some
in the Ward and get III she said he came there again.
asked her II she lost any thing by the fire. she told me
she had lost eight mahogany chairs ana TWO
large trunks Of clothes; that there clothes 10 he
panrie and that they all burned we then went up
stairs and saw where the fire was keg and bas
ket OF shavugs there at the time two different places
saw beds there.
Cyoss.,ramined by MIR GRAHAn-I went there about
O'Clock in the morning; saw MIR. and Mrs Haugh-
going house; examined all the house, dd
not see the oung ladies' there at the times she knew