The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-07-26

Examination of Mrs, a. G and Mrs T. Stiilman.
The accused having brought into Court Mr. Cohen
one of the counsel the defence addressed the Cou briefly
upon the charge contained the affidavit made by Mr.
Hays principal oI the State He stated that
the words so fire. enly applied to the boxes and
5hayings burning in the that there was no evidence
given show that the store had been burned; and that
nothing in the examination could subantiaie the charge
The crime Of consisted in the burning Of the
whole part Of a building.
Mr. Fanar then and spoke with much effect for some
fifteen minutes behalf of the accused lie said that The
only questions before the Court weTe lst. Il the evdene
sufficient to send prisoners before higher tribunal for
trial! I'd. What offence has been committed! Mr.. FarTas
then gave the definition Of under the common law
That in arson the burning must amOuat consumption,
not kndilg Of fire npon the pemsesi bqt the a5so
Lutte setting on lire OF some portion OF the building The
shelves and counters mere movesbs could be taken
bnil8Se Even if Tie Coa thought that The evidence was
sufficient send the tuIthet that the charge OF aspn
upon all The crcumsanal testimony adduced the trial.
and only msdemeanor could be brought home to The &C
cused But that in fact nothing had been elected ~ the
long Investigation TO prove that the accused had wiuy OF
maiicoasy fire % their place Of Business The prisoners
at the bar were unfortunate and uniended iush
bad already been subjected 10 mpn onment aud could the
Recorder, upon the evidence submitted declare h9t was
sufficient send thea before another oou on the charge oil
ceraed during the long SUMMER months IN me season O.
sickness and when epidemic might be desosnng The city!
The fall term of the DhtEo COu and suffer along mpsOn-
ment although every who bad attended The investga-
verdict against the accused on the charge o. arson Mr.
faIfsr nSIs a%uee i ~ sirtton snesa mi sn'
pirate He also cited auhOnes deining he crime charged
and read the fourth Of the law Of the ed Feb 1877
The Recorder delivering his decision sad that until
informed by the Counsel he not aware that the
sed were Irish women, that much feeling prevaedEiH
the community relative to this case He did consider that 1t
the question of sympathy could be entertained by the Court
that tbs fair for its exercise. But that high
crime had been committed doubted that the
No s. Canal street had been wully fire, and
women before him accused OF the offence He oOud
only take the law and evidence his guide but. at the
same time willing CIV the largest latitude 10
able doubts The Cent then reviewed the les imOny al
some length and stated thai the charge OF arson was
plain the prisoners would receive verdict Of aoquitta
fiom aiury but that he considered his duty send the
accused before the Fst District Court upon the charge of
attempting fire 10 their defined in the 9th
ton Of the Law of February a 1917, which made the Of
fence punishable with less than i've more than ten
years and placed it beyond the Of the Recorder to
/ receive bail.
The Counsel for the defence then asked that the prisoners
be remanded the Baronne e watehh0uss and not
to the Parish prison Application would be Immediately
made to the Judge OF the Court FIX the OF bail
and that would be given. This request granted and
the accused uowh confinement awaiting the action Of
the Count.
Baldwin in giving his dscision
The burning necessary constitute Of house. 81
Sommon s b must . be AZ s9ns b1nag S The whole 81
actna aitemp 70 burn house. by putting five thereto Of
burned but necessary that any part of the
should lie wholly consumed othai the fire should have
ire be put out Or go of itself I'D Russell Crime
Chap AZ, Page 4a3.
ITO constitute law It mnst be proved
that there actUa burning OF the house, o. Of soe
part 81 It, though II is not that any part should DC
wholly eOnsuned that the tire should have any conllnu
but he Out oil itself Crtul
nal E0idoHee, Page 800.
" IL any person or persons attempt wilfully and maeous
y to set IRE to any dwelling hoais q any ohsl oaid.es
another kind situate in any paTt q tins ste'e o. SCI ire
any ship vessel other wafer cfaI o. another ylni
within the limits of this Stte. such offender Or ofendef
ana peson aiding, abeiug Or eensentnE IN The sa
attempt accessory thereto before the fact aeEesad
sha conviction thereof be imprisoned at hard labor "a
time not less than five or more than ten yeaIs provided
thai Whenever such offence be committed by slave he
she b sentenced 70 DEATH Seg5f thi Las Of EtbfaaF
81 lsH,