The New York herald., 1850-01-15

iosmsn, on duty on the 10th Of May at the Oper
House In the fifteenth ward; at the time the nrs tool
place, the house ws: nearly or que full the boxes
Parquette were 6lled With spectators
on duty
Witness continued -Assisted In extinsuisAins tn,
fire. 1t was put out by stamping 1t; there was ne
water used; the blaze extended little distance
from the foor there was no part Of the building burned
Inc District Attorney then put evidence the agree
ment Of Mr. Hsckett for the house.
William Taft-Wss policeman the 10th Of May;
on that nigqt; heard Long ,sy that he had set the
place on hIs he said he got some shsvings and light
stuff together and set them fire. he said If he had
another chance he would try 1t again.
To the Judge.-He wss not addressing himself to
witness when he said this did not hear any reply
TO him.
Cross. Witness was In the room adj DIN.
ing tho one where the prisoners confined
when he heard Long make Of those IMPRESSIONS;
there were several persons confined there ; there
was not great noise at the time he heard Long
speak he stated before Justice Montort that there
was great noise 1t true his recollection then
was better said to the justice hat he did attach
any great importance to what Long had ssid; Long
had on dark oress, no waistcoat; whether he had
hat or cap or head uncovered witness tell;
might have stated in his depostops that Long had
foDtrs bad said; Long being haudcufed made him
pay particular stts Dtob to him; did say in his exam.-
man but has no doubt since he had more of him;
saw him In the prison four I've days after the
and did not make his affidavit until he had seen him
four or five times
The evidence for the prosecution closed here and It
being three O'clock the Court adjourned for hour.
The jury were conducted by officers to French's Hotel
where dinner provided for them.
At the re-assemblina of the court,
Lyon Isaacs was examined for the defeuce-Was on
duty ON the night fn question: ordered out
ofthe military, betwsens aud 10 O'Clock and remained
TIL In the morning; saw Long there that night got
there about IL O'Clock; he had no handouts then;
he was In room under the stage the adj Dining
the one the fire was IN
witness did not into the theatre until after the fire.
the hrDg Of the military occurred before witnsss lsft
adjoining the that tired knew the prison
or before by sesng him ~ his mothers
Samuel Brown q policeman in May last-Was
duty on the night in question: first tne prisoner
little after 10 ecleck next hun about half past
!! or IL, raw him three OF four times through the
night; he Was bandcuH.d the first tims and he was
hsbdcuff.d the scond time; when saw him about
II o'clock the handouts not on; about hour
after that he was handcuffsd
John Long brother OF the prisoner-Long Is q specu-
lator In the srkets present when h. brought
before the Judge on habess corpus; he had black
Jonathan Wiley. policeman Seventeenth district
knoss Long ten or eleven years. his general character
Cysss Since witness has been in the police
he never heard Of Long going by any other name
JAMES Thompson, Benjamin F. williams and Albert
Iearsa also deposed that they never hesrd anything
sgGipst be prisoner. before the present charge
For the prosecution, Arthur ne Manas was called,
and dsposed that he was st the Opera House the
night Of 10th sy the firing OF the military took place
twenty minutes before 9 o'clock; the firing Of the
building was bef re that.
Mr os.sAn tten addressed the jury ON behalf Of
the pri,oner ana contended that though fire
vas lighted by the hand Of the accused, aud lighted
deliberately t vas not done with the intention OF do.
strs ypg the buiiipg its inmates but merely for
the purpose Of obtaining his liberty from ncarcer
siion which he could not bear The soul Of every
crime ir its intention aud there was NJ premedaed
intention here to destroy the theatre There
secrecy either In the crime for he did It, he wasurs
OF detection Counsel alec submitted as . point OF
Law against the sustsinment OF the Indictment that u
wss not dwelling house that Mr.. Guest was only Q
Waterman ~ the building and though come OF them
In the house when 1t Was crowded with spsctators he
lodger be was brought there to watch and not
20 tsep; and even under any srcumstauces he could
not be considered odger until sf-r the performances
VIZ. over st eleven or t~rlve o'clock night Coun-
sci th' maintxped that n to IDENTITY the witnesses
might b. mistaken and they might also be mistaken In
charging Long with the preparation OF thu offence
where there were several other prisoners connued In
the "a me room.
In tbis css-, would call this tn. second Of the
State trials In the affair for which prisoners
S.s sroSsh 1osp Oh.
sacrificed the lives OF many of their fellow citizens
The crime with ~hisn Long Is charged s attempt to
commit zrsob I'm the fret degree fhe learned gentle
man here explained the Law OF the To constitute
the crme o in the nrst degree they must believe
tbst IL wss dwelling In ~hich some human being re-
sided ~ they believe that MIR ouest lodgiog In
the theatre they should find tho prisoner guilty OF
anon In the fret degree; hut they do not bslisvs
could md the prisoner guilty Of arson In tbs third
ssg.s ns sirsl- particle Of the wood Of that building
dicted for much more serious crime; but the osbcs
with ~hch he is charged the att.mpt-only subjects
him to half the punishment He called the jury,
IN. Of the people and the guardians
of public safety TO give verdict ~itn~ut regard to
which aios. out OF this unfortunate transaction has
taught the world that government of the people s
the sfe, srd the suret Tor the protection OF the peo
pie themselves.
The Judge In commencing his addres. TO the Jury,
rgrstulsed them upon the rspi1ity with which the
trial -ss conducted for this result which cAlcu
lated 70 resore confidence they Indebted TO the
counsel on both sides lie made thess oo-eryations
bscsuse ID err hs, been complaint with regard
ender this inoicimsnt they might find the prisoner
fuy Of an att.np at arson either tbs hrst tbs
third degree that rule psrvsdes throughout the Whole
fer murder he nsy be founs guilty according 20 the
esiospce, "a nansisnshtsr Ia the fourth degree; the
degree q attempted here they believe the at
t.mpt vas either In the rst In the third dagree
Tie LEANED Judge then REVERSED this testimony a0d
expoupd,d tb. lac which constitutes tn. Grim. Eith
which tho prisoner charged aud et q % the jory
TO wbsiber they believed him 10 Be the person ~ho
s.t ire To the rubbish snd ~ so. -heiher he dj it
with the criminal intsniou imputed 70 him or merely
for the purpose Of creating alarm and ocnfasion sad
thsr'ty snsetirg bis o~n stcape
The jury then retired aud In short tine sent q
written qussticn To the court ioquirng whether the
sst IRE TO the rubbish merely Ter the purpose
q 'fsctirg his sscsp. b. couid be punishei rhs
iutge returned the negative snd the Jury
having bse~ in consul,sfion sbOat hour brouxat
verdict 90 guilty - an attsmpt at arson In the third
d.gr'e vnh recommendation 10 mercy, I, con-s.
gu-nce q HE previous good chsrsat~r TN b-haf n
the Pttscut"bi a. then moved that the prioper be
O. mmittsd LcuR ~ho bso hitserto been Out on bail
va y moved in the custody OF ga officer
THE prisoner T. a good lootiDs young man appa-
renuy sbOut s years OF age stout butt aud ~ an IN
telsctnsl though stern cast q couRtensbce. Tie vas
foi merly occupied o. bsIkeepsr In house of enter
inmsnt In this city
The court adjourned st o'clock, to 10 o'clock this
nornips when the trial of other Astor Place rioters
VII be commenced.
Brooklyn city Intelligence.
Wsttty RgToer 90 DEsIHs - Che ounbsr ~ deaths
Tor the week ending JsrUsry ~ 1859. 81 ~ whch