The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-05-04
Court of Oyer and Terminer.
Before Judge Edmonds and Aldermen Adams aud
DOWNING

seemingly an intelligent man. The following gentle
men were sworn of the jury John Pettinger. Norris
A. Phelps, William Barnwall Chas Hasketh, John II.
Bohn. Daniel v Allen. David Morrison, Richard NJ
Bell Morris Topping, WIN. H. Weed, Henry B. Bush,
and James Greyly
The Associate District Attorney proceeded to open
the for the prosecution from which it appeared
that the prisoner the night Of the 18th of March,
set fire to small frame dwelling situate In Mulberry
street in which number Of poor families resided at
the time. Amongst the persons residing in the house.
was a man named Webb. This mans wife about two
o'clock on the night Of the alarmed by
his sy stairs to
they attempted to arrest He, however ma le ba tie
with them, and succeeded in getting down stairs
the Webbs pursued him, and after some difficulty,
succeeded in capturing him in the entry. and giving
hi in charge of police efccr, who took him to the
station house he was examined and fully committed.
THOMAS WEBB, examined TOR the prosecution-Lived
at SO Mulberry street in March last the third floor
witness his wife, and his brother James resided with
him Mrs. Beatty resided the same floor "a pas
sageway entry leads from the street to the stairs
the stairs are winding going up drought the middle of
the house to the third floor from the third floor go
to the garnet by ladder the passage and stairs
common to all the persons occupying the house wit
nesss family in bed at the time of the
OF the fire witness up there during the time
there was old rubbish there consisting OF old timber
shingles, &c the buildings at each side and in the rear
are also frame buildings there six families in the
house in which witness lived and FIVE In the
on the night in question: witness thinks he went to bed
before eleven O'Clock; he awoke about o'clock
heard a foot coming up stairs; witness got up and
woke his brother; went out, and saw the prisoner
coming down the garret-laddcr; my brother had a
broom handle in his hand and witness had candle in
his hand came out on the stairs, and the
gro; he attempted to run, and my brother made blow
at him he passing from the ladder the stairs;
he got past us, and followed by witness and wit
ness's brother my brother ahead witness went to
the street door thinking that he went OUT found, af
ter that my brother caught him in the entry leading to
the yard witness then laid hold of him, and they both
held him until n policeman came; witness then said,
that is the that set fire to the house; gave him
in charge to the policeman and he attempted to run
and got across the street. but was followed and recap
turcd by the policeman witness then heard the
fire; he ran and got pail of water, and went to the
garnet to if he could not put out the fire. but the
smoke was so great he could not get I'M the fremen
then came and succeeded in putting out the fire; wit
found the prisoners coat in the entry next morn
ing together with mbustbe matter; they were
found at the bottom OF the stairs in the entry where
witnesses brother and the prisoner had the scufe;
witness went up TO the garrett next morning and found
that hole had been burned through the roof; was
about four yards from the entry way into the garrett
the house was attempted to be fired in the place
about week before; it was repairing the damage
caused by that fire. they were engaged at the time of
the fire in question
examinations but nothing to shake his direct testimony
| elected.
EBB, brother to the last witness was examn-
ed, and testified to the same facts as his brother.
JANE BEATTY. examined for the prosecution.-Lived
in the house. at IS Mulberry in March
heard the noise OF men struggling underneath my room;
looked up towards the top of the house and the
light in the garrett; Mrs Griffith the lady who boards
with came 70 the door and then went to the gar
ret and followed fire. witness called her son, and they
| then went to try and put out the fire.
ELIZA GRIFFIN. examined for the proscc uton-Board-
cd with the last witness in March last; was awoko by
Mr. Webb calling out police; awotc Mrs. Beatty and
they both got up they went to the ladder which leads
into the garrett went halfway up the ladder and sa
the place was in flames; they then followed fire, and
called Mrs. Beatty's son.
VIM. BEATTY. cxamined.-Was awakened by his mo-
Their, and told the house was fire. witness went up
to the garnet and found the clothes fire. the
roof also fire. about four feet from the floor 1t
was pretty smart fire. witness took up two pals of
water; there lot Of old lumber in the garrett; a
person standing the garnet floor could easily reach
up to the roof where the fire great many pals of
water were taken up, before the fire got under
THOMAS FLYNN, examned-Was at the premises next
morning, in company with two gentlemen; We discover
edupon examination that there fires in places
one immediately at the head of the landing, tho
floor, and the other at the gable end; the floor
roof in these two places considerably burned
the piece Of single now produced cut out
of the roof at the time was about one foot from the
floor; found combustblc matter the floor but it
much burned we could not ascertain what IL was
but there were paper and rags among it, there
lot Of old lumber there; thinks where there WAS 80
much combustibe matter it would not take NOR, than
five six minutes to ignite the whole mass; the fire
at the landing not well started the other it
considerable distance from the roof
After the examination Of the Witness the Court took
q recess for an hour.
EVENING SESSION.
MICHAEL CULLoM, examned.-Was policeman aud
duty the night of the fire in Mulberry sterct ran
up and the prisoner and the two wcbbs in Hollis;
prisoner went up to them and asked what the
ter Webb said that Is the man. (mcaning that it
the prisoner that set fire to the house) take him. wit
",
across the street witness followed and overlook
him and pushed him down; the officer with whom pri-
Chase, came up and they brought him to the station
house; witness went back again to Mulberry street;
extnguishing the fire; witness spoke to him next
morning; he said he drunk and that he knew
nothing about it, that the Webs picked him up the
sidewalk; he in his stocking feet when arrested
him. he afterwards admitted that he was in Webb,s
house, but he drunk he did not know what he
did
To The Cou,t.--Witncss did not think prisoner was
drunk hen he came to the station house; the Wcbbs
gave witness the clothes, shoes, knife, and combust-
bles now produced.
JAMES NJ. PcKENs examincd-Is landlord of the
house picked the shoes and knife in the entry that
night the insurance company made the repairs their
expense caused by the first attempt to fire the pre-
misses.
THOMAS GoLprSG examined--Is a policeman Of the
9th ward; resided at So Mulberry street in March
at the station house when the prisoner was
brought I'M had conversation with him In the prison.
about ten days after he was arrested witness put
questions, all Of which he refused to answer except
that he told witness he boarded with coored woman,
in the street, named Gibbs.
WILLIAM HBBARp cxamined.-Is president Of the
Bowery Insurance Company witness made the diagram
now produced describing Webb's premises and TN. adj
joining houses; witness saw the prisoner next morn
ing and had conversation with him about it, he said
he did not know how he it, but that white
men met him, and asked him if he wanted Job; he
said yes they said they would pay him well If would
go and set fire to the house pointing out to him.
he said they treated him we-that is, made him drink
number Of glasses of brandy; he then went over
and set fire to the house, witness asked him. "Did he
know them 20 he said ayes, of their names was
Charley but he did not know his other name; he did
not know where they lived, but he often them in
Ann street; witness asked him with what materials he
set the house fire; he said he drunk and con-
fused he did not know what it was he said he made no
bargain with them, did they say what sum they
would give him; he mentioned number of persons
to witness TO whom he said he known, and gave
witness the number Of each of their residences wit
went to look for these persons but Of them
lived at the places stated by the prisoner
Alderman DowriSG, examined for the prosecution
Has examined the paper and substance it contained
during the recess it is composed of sapetre sulphur
and charcoal pretty much the same as gunpowder but
in different prop rions II can be made either slow
quick match. 1t is similar to fuse used in fire.
works.
! he evidence for the prosecution here closed, and
the defendants counseEanuounced that he would not
make formal opening but would proceed to call wit
nesses to the prisoners character.
MARY Ann {. DuRYEA for defence-Knows the pri-
oner for eight OR nine years. has repeatedly employed
him TO carry things from market and also to carry
money; witness had employed him last May year in
moving her furniture from what she knew of prisoner