The New York herald., 1845-10-16
Court OF Oyer and Terminer.
Before Judge Edmonls, and Aldermen Diver and

Second Day-fhe court met at 10y O'Clock and was
much crowded. The jury, who had been confined du-
ring the night entered the courtroom accompanied
the police officers who had them in charge and the trial
resumed
JAMES SMITH sworn-Examined by Mr.. PATERsoS.-I
am Jewelier work at No 500 Grand street; remem.
ber tn. night of the fire; saw the FIRE and shavings on
the third story under the stairway. There about
small cart load there there beds there also and
they appeared not to have been slept n good deal of
plaster fell down in the room; did not any bed
clothes on the bed saw bed in the also;
did not notice any pillows on the bed
Coukr-This testimony does not vary from what We
had before; it is mere accumulation Of the testimony.
No cross examination.
THOMAS HApDEs examined by MIR. PATERSON II was
city watchman last June remember the night of the
fre lady there; she had a shawl she
by the back paror door; had no conversation with her.
saw shavngs and rags remained in the house about
three quarters OF an honr; saw no effort made by her
to remove the shavings.
RoBEsr X. LAwRENcE sworn examined by Mr.. PAT
ERsoNl the house night OF the fire. fire the
floor up stairs spiritgas camphene there's
smet very strong remarked at tine persons
present and that the house was set on fire. saw one or
two females there's one Of them had light dress on;
don't remember whether they had hats on; saw man
taking up stair carpet woman made remarh that the
thing was insured
CouRr-It the defendant made the remark, there may
he something in it Did you notice witness, whether she
was black or white young or old
WIrSEss-I did not did not think she belonged to
the house from what she said am not able to say in
what part it occurred knew it was female from her
voice.
CouRr-The only relevancy that attaches to the ques
tion is, was it the defendant
Mr PArERsos-We have it that woman made use of
the expression don't touch that carpet insured"
and IL Is to be presumed would the expression
save Que belonging to the house.
CoURr-We have had presumption upon presumption
in the ca,e.
Wrrss.s to Mr.. Paterson--These women that | saw
did not appear at all alarmed
No Nocross-examinaton
ANDREW W. QU,sr. the first witness sworn on yester.
day, re allied; examined by Mr. PATrRsoSI was in the
'wer story OF the house two three tmes could not
from my part Of the premises make my way up to the
No crossexamination
DAvio LINDSAY sworn Examined by Mr. PArERsoN-I
resided in June last at Bergenhill know Mrs Haugh.
won't from the circumstance Of my having let them
Of it on the nth of june saw two or three
loads Of goods brought to the house, Mr. and Mrs
Hanghwout there's there was wardrobe some card and
'ea.ables some bedding, and number Of things which
did not notice; mirror, and could not absolutely
what else was not at the house between the iith and
25th OF June.
No oss.ex xamination
JAMES STRONG, afirmed-Examned by Mr.. Pater
son / was Police Officer in June last; to
the house led by Mr.. and Mrs Haughwout on the
25th or a6th Of juue found there four trunks Of differ
ent sizes and they contained thirty ades'
her OF waists which We did not count quantity of bed
clothing bedstead two feather beds, hair mattrass
large mahogany book case, large gilt frame looking
glass arbe table, workstand, marble top for a
wash stand.
Counr u don't the necessity of giving an inven
tory; W,r... :, u.. conn. s.u. ,a.. ,... .,..., ..,
Mrs H,ugh wont at the Polio Ju tice Roomer was at
the Police oc lrs said at the Police Office that the
q,
their clio hug tue he; the next cay SOW The cloth
ing at the they locked the door and to the
city ith me. Mrs. aud the two daughters was at
the house which the fire occurred the morning
Of the ire of the things have described at
the house at Lauens street. where the re occurred the
house at Laurens street poorly iurnished there
piano IN the houses there might have been other furn
ture IN the house.
MIR PArEssoN-Did she make any declaration to
you
CouEr-Was it after her arrest z
WITNESS 1t was
CouRr-I intend to adopt the rule which Is practsed
in the English courts. think it would be unjust to sub
ject to the consequences of declarations
which may be extorted by skful and adror officers
after putty is arrested-such officers often being actua-
ted by the hopes of obtaining reward think would
given III evidence unless the officer put them their
guard and tell them their declarations would be used
Mr. PATERsoSI hold the law to be quite the contrary
lf two prisoners, who committed murder, heard in
not their declarations to be used against them 2
CouRr-That is quite different matter but in
where officers either by intimidation otherwise ex-
tort from prisoners through fear any declaration,
would be unjust to put it in evidence against them.
Mr. P.rsRsoS-rhe lawis different, and it is tor the
Legislature to change it, only bound to act the
basis of the law. Twill put question to the witness
CouRr-Not until first ascertain, did you witness
caution Mrs Haughwout that her declarations would be
wIrsKss-Not at that particular timo
CouRT-Then have ruled in this case on a late occa
sion against the Attorney General and shall prepar-
ed to fortfy my views upon the subject. think the
Mr. PATERSON hereupon cited the case of the Queen
against Sarah Payne in England where the Court held
nat uecirdoh sHaue pytne prisoner 10 party who was
then not police officer, after her arrest could be intro
duced against her in evidence
CouRT-I shall be prepared to hear you this caso
MIR Paterson 1t has often come before me- and have
examined very carefully My mind is quite clear upon
the subject
Mr. PATERsoS-Then shall be able to argue il as soon
get my law authorities.
CoURT-Very well, let US proceed with some other
branch of the case.
ed bu Gaa toIIaf
Haughwout that the Insurance Company wanted see
her about this policy Of insurance. told her she
wanted in New York; told them before they started
from home that was police officer.
Mr. PArERsos-I propose to offer the policies now in
evidence.
MIR GRAHAM-I have no objection if the District Attor
ney admits they in the name of Miss Payne They
are not in the name of the prisoner and therefore,
not affect her.
JONI HAyGERsIAN, clerk in the employ of the North
RIVER Insurance Company, testified he dew up the poll
could not tell if 1t was the prisoner
Mr. GaAHAM-l object to the testimony when it does
not identity
Counr 4 think the policies are sufficiently proved.
Two policies Of insurance on the above company for
$500 on stock OF wines, and in the of Hannah
Eliza and Cecilia Payne, here nut in and admitted
JOHN MARssLAs, who was examined ON yeste rday
that he is Survey or Of the North
H. VINO gave him directions to have the licies made
out In the name Of Eliza Hannah, and Cecilia Pay ne
u strikes me got the msney from Mrs II don't
ber VINO gave me the money.
Mr.. H,BsAap Secretary Of the Bowery Insurance Com
pany testified he gave policy Of Insurance, dated l3h
February s5 for $40 90 the house that was burned
rve years before she insured for S35 90 the same D.
nises.
To Mr. GRAHAM.-The reason of the increase was be.
the house had been changed from dwelling house
a saloon.
CHASLEy CABb-Testided he took an inventory Of the
furniture in the house the and 3rd of JULY THE
inventory put in and admitted took the inye
1t the request Of the two Misses Payne Mrs r. was not
tnere They desired me to take the inventory as was
for tneir benefit aud they should be before the nsu.
rshce delivered at the North River Insurance Com.
'sn,, AMI ked duplicate copy. Mrs H., as far az /
know did not se tn p ,pers.
ffrta NAaSnR. Secretary of the North River In.
company, testified in relation 10 tho policies
CoUaf Any more Mr.. Paterson
Mr. PArERsoS.--I believe this is the amount of the
testimony
CuuRr.- Well now let me ask what is there here
agans the dcfendan, TO put her her trie You have
been showing MS oil through that the defendant was en-
gagged agent ~ sfec,ing policies for her daug
nut "na' nave veto show that the prisoner had been