The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-27
Court OF oyer ana Tcrmlner.
Hon. Judge Edwards and Aldermen Cornell and Ward
Presiding

Prek1dtng
THE MURDER OF BAXTER.
Nov. 26At the sitting Of the court this morning VIM
johnson charged with the murder of Baxter, Of which
Hovet have been convicted was placed at the
bar. On the application Of Mr. j. d. Philips who,
gtther with Mr Cochrane, assigned counsel the
trial Of Johnion was postponed to Monday In conse-
quence OF professional engagement OF Mr. Phillips in
case of reference which was set down for to day
CHARGE OF ARSON IN THE FIRST Degree.
the charged with setting fire to the dwelling house
Henry Rohde, 26S Monroe street, in May last
Blunt conducted the case FOR the prosecution and Mr.
D. u sckes assigned counsel for the prisoner.
9. B. Collins, Sd ward simon Stern nth ward
samr W. Bass, 10th do HIM Smith, oh do
A. G. BeniDger, 18th do P. yelling, 18th do
Peter Nelson, 10th do p Trumper, 10th do
james Fowler sth do Ed. Boynton, 18th do.
of s26 each
The District Attorney in opening the to the jury
sad that next to murder in the catalogue Of crime Is
that Of in the fret degree which under stat
uss consists in setting fire at night to dwelling house
in which human beings at the time and it is punish
able with death. OF this crime the prisoner stands
charged The District Attorney proceeded to state the
particulars Of the which he expected prove in sv
dence-that the prisoner baker and had been In
the employment Of Mr. Rohde 26s Monroe street tor
week and on being discharged said You shall not be-
In that hoase four days. At ten o'clock that night Mr.
Rohde found part OF German newspaper saturated with
csmphils ard fire. On tho eth Of May, at midnight
another attempt was made, and Mr.. Rohde had to es
the first gree 1t necessary that the flame should
chsrred the woodwork Of the premises. 1t would
not be sufficient II article Of furnituresuch chair
should be ret IRE, but portion Of the premise
should be chaired and that would be proved in thi
Henry Rohde, "a Germany deposed-I am baker
living at 26s Monroe street my family consists Of my
wife and two children lived in the place in May
Last know the prisoner he worked wit me one week.
discharged him on the LIST Of May he called at my
premises the Monday succeeding his discharge paid
him his weeks wages when / discharged him when he
L
my premises and TO go out he went out saying that
shouldn't stay three or four days more in that house
about half past ten O'Clock that night working
down in the bakery and some fire up stairs went
up and bundle of paper fire under the stairs
which lead TO the second story the house Is three
story brick building the paper rolled up together
about the size Of my fiat tried to put II out with
put it out afcsards found two bottles of camphene
about two feet fron each other and the burning paper
just in the middle of them there were some German
newspapers and paper such as they use in the stores
believe they German papers Of this city; looked
for them next morning, but couldn't find them on the
about an minutes pas tyeve AZ mSnebt M V ve family
were in bed and was in the bakery rented out the
upper part Of my house to tenants believe there
three families in It, but some OF them went after the
first fire. watched around heard some footsteps and
in few moments my journeyman exclaimed- There is
fire up stairs again. went up stairs and tried to put 1t
out there big bunch bigger than my head tried to
putt out doors with hand but couldn heavy
it fell down. about two feet from the entry and exploded
and the whole house fire. afraid Of my wife
and children and jumped through the fire. didn't
get them out, the FIRE extngushed great many
people were there and one fire engne found part OF an
Epgiish newspaper very large and pieces Of Jug the
premises injured the floor burned and also the
door and the sign fix the time Of the fire on the 9th Of
May at ten minutes past twelve put bread in the
al ten minutes before twelve o'clock and IL takes
twenty minutes to bake IL.
house Friday the Both Of April from Orange street.
lived in Orange street when SHIPPER first commenced to
work for me- hired him for short time because was
in hurry with my work and he left me because had
more for him to do as worked n,gsslf; paid him
when discharged him; had no quarrel with him;
when pad him all pleasant; never had any quar-
rel with him at any time; / had no quarrel with Mr..
Presler the former occupant OF the houses Pressler sent
constable TO nut mo out Of the house the day after
moved ,n he was there himself with tho constable
he had a lawyer too, with him; we had some words;
I wasn't angry PressIer was pleasant, too they
we're about minutes in my house; l told him If
they had right to do 1t to take my things out;
1 told Pressler he was swearing false he said
nothing to that, and went away told him had bought
from Sotzer and Pressler said he had only hired
IL for a month; Presser came next to the house
on the "Wednesday after the fire; | charged him
nothing Of IT. told him he knew something about th
fire that his time to come TO me was Monday aud he
didn't come until Wednesday; told him he afraid
TO come because of the fire ON Monday; Pressler
anxious to get out Of the place and told him If he
would pay my expenses would leave told him thst
fire would him he made no reply to that read
German; fire took place in the rear building under
the stairs did bottles standing inside the paper;
there bottles there but no paper did not see
any lamp there; saw come Matches the bottles were
brought by some person; 4 10 not know wherc 1
told my wife that Presser had been round to house
and threatened TO destroy it this was on "Wednesday
after the second fire. told Presser what his wife said
that II they did get back to the house. they would
destroyit
To Mr. Blunt--I paid $50 for the assignment OF the
lease SHIPPER my house Monday. and said he
wanted two barrels Of flour; told him paid him his
wages, and wfA1dd be want the -four for he said he
wanted the flour; told him that on Saturday paid
him what he demap ded; then ordered him out and he
then said my face that would not be longer than
three or four days in the house.
To Mr.. Sickles-When the prisoner commenced TO
work for lived in Orange street, but my place Of
busiuess in Gunroe street
To Juror-There back door to my building lead
ing to the and alley way To Juror-The back
door always open night and day there was no lock
to IL.
VIM w Gregory deposed-I am = policeman Of the
Seventh ward the alarm Of fire the night Of the 9Th
csmphene or turpentne; The jars we're taken 70 the
Seventh ward station house there oorks in tho
Jars the time Of the second tire in the station
house; the alarm being given ran 70 the house
found the window sashes and doors were very much
charred and burned the next morning went 70 the
house, and found in the gutter pieces OF Jug vhi'h
brought with me TO the station house.
Benjamin M. Young deposed-I am caulker ; reside
h 26S Munroe street remember the second alarm of
FIRE on the night OF the 9th Of May an alley way
round my house In that alley saw the prisoner look
ing round the alley then went up stairs wound up
my clock II was then Ave minutes TO twelve o'clock
stripped and went bed and just going TO tell
my wife that had sesn the prisoner In the alley way
heard the noise started up and looking out Of the
window saw the prisoner BY the light of the lamp,
leaving the alley then down aud cried fire saw
him fJ In the face that night street lamp threk
light on tbe house AMI could zoe hm plain ss vas
s'iG- .-.y tic .~,> . L.s'a y. ex..2'.ss 'a'a