The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-23
Charge OF Ars0n.
COURT OF 0YHR AND rERMNER
Hon. judge Edwards and AID Ward aal Ksasy

Hon Judgs Edwards and AID Ward apl Rasy
Nov 22-1Hs people -. .ss,oc Diamond Who
charged with having Gre to tho house Il Ioaa us
70 Rooseselt street Joshua Foucher addicted fer
offence but il not yet in custody.
The foilowiB gentlemen sworn the juxy,-
james Fosrr s.h wsrd Levi, varnoa III u wa
Cbas W Underhili 9th ward. sAnl W. Bass, 10th ward
Joseph Leesett 18th ward David s .. ON ward
John Endicott, 9th ward Peter Nelson, 1854 yard.
The District Attorney stated tho the prssscu
ton from which 1t appeared that lsy, being asleee,
sret smoke and getting up PROCEEDED to the
cupied by the prisoners cap makers fer B. Phillips
On opening the door ths interior OF tho nre,
and On the alarm being given the flames we're put OUT
but quantity of oombustible mater was Ia the room,
ana tne csps aud natsIisls we're removed OF Which
large supply had been Obtained few days before, from
Mesti. Phillips Co., all Of which had been removed
JChn Haley ceposed that in August bs resided with
his family ina tnIee story house in street,
nine in family the prisoner Diamond and his part
FOucber, occupied floor or an apartment; re-
tired TO bed that night about ten O'Clock, aud did not
I then got up and sss on tho bed for moment. not
wishirg to siarm my wife, who Is tinid woman; my
daughter She slept in the inner rosm said, Are you
awake, father?o then got up and got canals; I
searched the upoccupied passed Dismends room;
found it s right In The urocouped room but fosa great
heat outside the room occupied by Dism0ad a work
shop that w@ locked: then went into the thsy
occupied as sleeppg ROOM that rooN was NOT osksd
Foucber he lay on bed 81 the time With his clothes
On, and bin brt "a asaks; ssid "G,t up,'
After the examination OF other Witnesses
William Phillips depcgetI found in the coupis
ofchs atspie end leather trunk; nothing value
in the trunk would not give tSo osrs Tor all that
in the Joom did notice If the wood work arred
when Got there the people seemed to be In = furry
nothing was taken out OF that ROOM don't know OF
Q-csu you stats II you noticed anything that would
lead 70 imagine that iniammable matter had been
LETT there?
A.-No sir
Gross cxsmincd--I did not see Forcher here; would
not know him II saw him did not see Diamond there
Nj AArGo ~ hv tha trtpt
In August last bookkeeper with j. d. Phillips 6
Co, hat manufac,urers their place of bunsss Is 1T4
Water street; know the prisoner at the bar; he worked
for the firm: he is capmaker j. D. Phillips & 90 fur
nshcd the material for tho caps; they paid from dol
firm (or plush are worth from seventeen to eighteen
dollars Dozen the lowest priced caps are worth eight
Monday; vas directed to make inquiries about it; the
firm bad been badly treated went to No. rs Roosevelt
street. and went up to the where the de had besa
raw pieces Of wadding lying about; the boards were
charred; 1 saw trunk there and q cam phene lsm,
did not hrd Diamond there in making inquiries, was
told Diamond in Mulberry street. went there got
him standing at the house, (No. 2 where was tsd he
said TO him, what about the caps!n He said,
hsspU s fire. him
had not gore home that night" l told him that tho
frn had insurance on the caps, and that it would b
for him to that they burnt and that
he should to the store the next day at 10 o'clock
he ssid he would do he did not attend bMiove hs
the previous day he said he the caps in tho
at two o'clock on Sunday he raid, in answer to ques
that night positive that went into Q second
In No. Is Roosevelt street that the whish
believe they tlept in there matrass there,
sheets OF pasteboard and some wadding ari-
ces Of clothing IN that room noticed the wood work
chsIred in eight places you took knife and
scraped the wood It would fall of burned Diaasnd me-
came back to the store.
Nothing essential elected In the examination
Of this witness.
Richard Hapin II lived in August last, at Nov
rs Roosevelt street recollect the night Of tho Are
standing the stoop about ten eleven o'clock;
gave the alarm down stairs, and then up stairs
Mr. Haley there opened the door Of tho that
on fire there person Of the Of Allen with
me when We opened theidoor the smoke was dense
had to 60 back tEen went down stairs for water;
when came back the police and fire department
there saw no person go out Of the house with any
perty person could carry away anything unknown
me; in the after tho fire saw wadding
there and trunk, and believe Q small trunk took
notice Of the wood work do net know Diasnond
Poucher.
John Allen deposedI lived, in August last OF No IS
Roosevelt street; the alarm Of fro to tho house.
and when went up stairs opened the door Of the
room that ON fire; did not 90 back to the a.
ter the fire put OUT did not any carry
away property at that time did mot goods Leave
the house previous to the fire.
Under these circumstance the jury acquitted the pr
Twenty four jurors fined for noa attendance.