The New York herald., 1851-10-13

TESTIMONY OF HENRY kxwKLL. ONE or THE I'M
PLJcArED PARTIEs-DEKP LAID vII.L.ANy.
The following u the testimony Of Henry 8. Newell on
the trial Of Horace Conkln convicted. last week At
Utica, Of srsou. and sentenced to be hangodI live In
Utica have always lived here and WAS born here know
the defendant; ! am twenty years Of age Was
In town the night Of the fire 1t SAyre's house first
saw defendant ON that night st brothers sore de-
fendant came In there about nine o'clock; staid
there till closed the store defendant and y went
then to Concert Hall went to the head the stairs
and found John IL. Van Meas sitting there do not re-
We were there nearly hour; persons passing
and out; from there went down strest to saloon
the corner Of Broad street. the keepers Re
bum II was on the corner near Mr.. Ponds boarding
house; we stad there time; then went to Bags
from there to Concert Han again we vent up stairs but
not into ths ball room; John Van Ness again: had
no conversation with Van Ness; Conkin had but
did not hear 1t; he asked that might go into the
bar room but Van Nefs said there sdmttsucs;
Conklin inquired Of Mr. Van Ness for Charles Ssyre
Van Ness sad he in the room but could not
him; welef there. and went up John street to Cstha
rine street. Concert Hall John street; vent to
Genesee street over the and stopped In the Ore
there Genesee to Fsyete Fayete to the alley that
leads from Fsyette to Columbia by Ssyres buildings;
Conkin weLt into the barn through the window. and
went cut Of my eight; then light, and short
time after, saw him come out through the window In
that archwsy there partition about our fest high
this about feet from the window; inside Of this
partition nothing did not get after he
out, Conkin ard went out Of the alley to columoa
street then down to Genesee then down the
bridge to the National Hotel got something to drink
there then out; they hAlooiug fire then and
we went upon the bridge when came out some
above the bridge cried fire. do not recoect whether
either OF us cried fire. we both then went up TO the
gns Seneca street, the engine house doors
open there was nobody there the hose cart had not
gone, nor the engine Conklin and some Others went
with the hose cart stood there and lit lamp do
recoect seeing Charles Sayre there lit the lamp
after the hoee cart went did not to the nre till
before we got to the National Hotel Conkln asked me
would 60 with him and keep lock out for him while
he fired ssyre barn he said be had worked there and
knew how 10 get in do not recolect anything else at
that time when he came out OF the window he said it
all done do not remember his saying anything
about it he told me the night he had got in the
month before and set re but it went out
Cross examined-I told Of this to young James Sayre
the next day / told him just how 1t happened what
Conkln told me do not recollect where tolo him
do not recollect that he made any answer to II 1 did
not again speak Of it to any that recolect told
going to do 1t he learned that through Conklin it
might have been three four days before that
present and heard him tell sayre I don't recollect
the conversation, any more than that Conkin told
him he was going there, but did not tell him when
two or three o'clock in the morning after Conkln
of me Liberty street about Oonkiin think it was
the night the First church burnt up; the engine
stationed Liberty street. and the engine
No 3, / believe; James a fireman; he asked ma
where Conklin and myself had been in the evening" I
told him had been up to his fathers barn and told
him Conklin had told me he had tried to fire 1t; went
far Munson's corner went with Conklin to wait
for him to keep look OUT be came back and Joined
me, we then went back around town TO the oregon
loom drank aud sat down; did not stay there long
only few minutes; went to Richmonds on Liberty
street short distance from Genesee four Eve DOORS
drank some there; and then went OF down Genesee
street. then went down to schrams. Whitesboro'
street three orfcur doors from Genesee side
staid there, talked some; only stad few minutes;
drank soEe; then We went up Genesee street to the
Oregon Saloon; drank again there left there and
went to Conklins house, Liberty street, between
Seneca and Washington streets; staid there long
ough to get things-a sponge aud turpen-
tine and candle; went out the back way and came
round on Liberty st passed Washington st went in
behind the First church; Conklin cgt out a couple of
paI Of glass from the window raised the window, and
went in went then to the front side Of the church.
up stairs then went into the steeple gathered
lot Of chips and wood there up there into q pile
in be put the sponge on the pile and lighted 1t
from the candle hs had lit the eaIdle before with some
matches; We then came down and went out; We went
back TO Conkins house and stsd there till after the
alarm Of FIRE; he then went out the front way to the
srt et; went out the back way in about five minutes
afterwards; went towards the engine house but
the DgiEe the bridge Seneca sreat went with Ii
TO the FIRE it, staid near il for about hour
worked the engine Of the time the members Of
the company there working the machine; this
Y o'clock; l Conklin again at the engine
house towards morning after the machine got back to
the house; do not recolect the conversation, but
spoke TO him
Gy the Judge-My eonversation With young sayre was
Liberty street while the church was burning; II
about three o'clock in the morning; II about
eight o'clock in the night, when the church burned
that went up TO burn ssyre barn II early in the
fall whet Conkn first told about these res II a,
Checkervle made no particular arrangement at the
conversation no one was present but as at checkervie
there supper party Conklin paid for part Of the
liquor drank the night Of the ere and paid for part
hsd said nothing 20 Sayre about burning his father
bsrD Conkn had the burning Of the church vas first
spoken two three weeks before II done;
CoBkhn q ID Of IT, nobody else, / think
passing the church at the time he wanted me to 20 and
IRE ;be church that night but declined going; never
mentioned his 70 any declined because DID not
want 70 go there was no reason given Why the church
should be burned do not know why did not tell Of H.
vent with him the night IL burned 10 set q build
Ing on TIRE on Seneca street near the foot Of Senecs
street behind DR. Bisses and Joseph Benedcts houses;
wac with him; that not spoken Of till we got right
there this three four weeks before the church
burned and before the attempt 70 burn 5ayre barn
At Foster Dicknsons store when IL vas burned was
there think II ~as after those mentioned; with
Conkin aud 0rcutt TO burn that store at two fires
in West Utica did not 20 into Poster Dickinsons
went with them to the Of Catherine street and
knew they going in; then went street my bro
Tiers store is next door but to Foster DcknsOns
Tfapys Is between; knew they we're going In heard
them talking about H. Iheped TO set the two r-s In West
Utica Hsrrington's barn and keysers she'd they were
burned Early in the fall at Harrington barn there
Conklin. orcutt, and myself at Keysers Conkip
and myself aided in setting Downers lumber yard on
Gre; that last spring; do not recolect the month
March, think; Orcutt was with me; helped to set a
hre Csrnshsn street Livery stable; Oreutt with
me; think there Il other FIRE helped set; never
heal any reason for burning ssyres stable; heard
any talk between ConR and james about the reason Of
burning IL; James did not make any ohecon after the
failure to burn sayfes the hrt time DO not think
mentioned till We vent up the time u was burned
Copklin aud james ssyre had conversation about
burning the stable before II barued three CT four
rtcolect tf only one
lin ani jams had conversat about t-a feu words
In q while; don't recollsct What they said; think
that ssyre told Coukn be would put hay In the rack;
this before went there the first time after the
hrst time Conkn vent there he tod ssyre the hay had
not been put In the rack Ssyre sad Il had In reerense
the second attempt sayre told Conkln be would have
the hay ready this ~eek or two before the attempts
vas at Sayfes barn before, long time before when
these fzes going on never was asked about them
and never thought Of telling q them did
have meetings 20 determne about these fre used 10
be together almost every night-Conkn, Orcut james
ssyre. and mysef-takng over these matters no one
besides those have mentioned With there are
two indictments found against believe one Cor the
First Church the other for Harriagtons barn have
lnisrstood was arrested en- a civil action for da-
msges for burning the first Church, and have been
on the limits, was there about four days believe
got release from the church. condition should
make assignment Mr. Spencer asked N the
witness had assigned his capital Ia the Gre com
psny j / assigned the propsry 1 have had nc
other condition; I was arrested the tvo incict-
ments have mentioned, and gave bail for $1,000, my
brother went my bail have not been tried on the n
| urtltr0 kash han M trial.