New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-04-12
La W INIELLIGENClE.

COURT OF OYER AND TERMINER-B Before ROOSEVELT
TRIAL FOR ARSON IN THE FIRST DEGREE.
THE PUNISHMENT WHICH, ON CONVICTION, Is DEATH.
Two young men, called John DOrnger LIST, and John
DonDger 3D. were placed upon trial. charged above, in
setting fire it charged lager bier establishment and
saloon No Princest before day oath February last
Mr. Philips appeared in their defense and Mr Blunt Dis
trictAtorney, for the prosecution
A Jury was mpanneled the points Of inquiry by
counsel on impsnneing them being the part of Mr
Philips whether the Juror called to be sworn had any III
terest in the St Marks Insurance Company and by the
District Attorney whether they had conscientious sorupeS
in finding verdict of gully where the penalty is death
Mr.. Phillips made preliminary motion requiring tn
the DsnctAtorney elect which count Of the Indictment
he would choose there being counts also for in les
degree than first This overruled the Jury would
be at liberty to bring in verdict as to such degree of
son they thought would be proper
The District Attorney then opened the case lie said, al
though Ofhe name the prisoners not related They
were propetors of establishment consisting of small
frame dwelling house with lager bier saloon in the lower
story They procured land appeared to be in great hurry
10 get III policy of insurance for $500 the furniture aud
contents OF the saloon which was small drinking es
tablisbment Between and c.ock On the morning in
question police officer observed smoke proceed from the
house a. ON kicking the door open prisoners out be-
ing fully dressed The fire extnguished and The house
ssceained have been evidently fred in each story The
District Attorney proceeded to call his witnesses.
James L. Cowenhoven, sworn-Am surveyor for St
Sss: x
.desion Of PIC MUM dated Esd Fob 1894 for from
u O'Clock previous to issuing he policy mAde surrey
side Prime nearly posts the ChedL 10 or Is feet
with attic ard basement the font room vas OaIoou
ard the bach room appeared to Be sitting room a Ts x.n
there thDE one Of the prisoners 1o was one o. nIs pre-
ioo ana sMsi % iops With some chsir. It was com
~ sbed each sHd some little f9rnate and same IN ac
do rot SO .a a bSS;r % $500 the "n'' the
sigismund Lang sworn-Reside at No l9i Second ST.;
by from Psse Insurance Go to go to ne e;s and az
no, sa s ths NJ 1 sh. h.d Ire c,aVestSn With saw
,o the other there aisd for Doase sud the d
told him recommended BY M Francis to eoas to
much he wsnd he replied his flrnure bar fix
s the @ MY SGGs fHd S Si%
3 'RsS a S sn ss 9S11
replied that he had stepped out and he supposed wa oons %
nv card he could 10 the evening house be
wa insured Johp Doi,inseI M came 10 my hons about 70
he gone he had been waiting for
. iSG es f about went
sm did not know th. the officers an O'clock
% d Il he could leave his work DC Mould s ~S .ss S
suIsnce at per cent; that the last saw of him
AIRY naming $500 he ssed 10 look through the house 70
tod him hat Of the business belonged 70 the
ssaS .Scn sd hs s SSSS' ''' m
Jchn O Brisn sworn-Resided in February at Ne. 20
Prince ct adjoining 4O tender No AZ kneS "a.
prisoners sigh; them about month at No ie reeoeet
@ s 81 s sta time wsGae.as TaaI.s
S Si boxes h.vn Tor carrying
but would whether they were empty
other bottles in the Wagon; open wagon.
BY Mr. Phillps-They appeared to be small wine bot
German had occupied the house before Mr. D ,
@ Do YOU know of the house having been attacked
bad made and thrests ace to destroy tue house the oos
show that other person probably set h 10 the house
A. Heard OF some stones being thrown once did not
Patrick Mcway sworn-One of the Fourteenth Ward
Police my partly IN Pneet No a. was not on my
beat the the time of seeing about opPS-
mss with me there Is close bOsd fence No % entered
BY Hind double s@sll ssyw between No. 40 aud
'i s':ssS a, Sss e Jsi s sI ss a s
s% broke Spsn odI ne Gp VEGA IN when the t~o Draser
seS ssSf ssy were fully eOAi coss
SeSS Si Ross nsy So, bos one and NJ are
S for tie smoke then went the base and Kicked
thsi door open also out of there sked then
SSs st Ss@sss eos them the hs
sS: have Il sss and eSsrte
furniture that hsPPenss TO Be their was ssn 81 ns
stove small table 10 the back think It was center
IL
in The room over ball there wash basin and bed tao6
H. room was hared and back had Desa on
ire th.nk Inc hse have been communicated from one
room 20 the there bed and aratnTe IN ao
| every
By Mr. Phlips-One OF them No p appeared to be
by when they out both might have been We
toll one iuto door TO war to revive him the are
10 he f floor night been caused By tha In the basement
a. 40 might the second thnk very hkey found no
o,hsr neIsops before dAy quits dNs
Abraham d. Brewer, sworn-One OF the Lieutenants OF
nssn,h Ward Station House when PRISONER were
hopstt In they s dressed John s lad oa I've COATS
his hair NICELY com ne nt
~. s, on and ersyst; the shirt collar OF j. q 80 ds,s1sd
s,r The ,ok he did look % smooth tae o'asf aa nov
80 into the premises . :, T.,
Rv Mr. Philps-It was not daylight MI about q ala
coached or know whether lot bad pocket com
eapno, saw whether the under garmens was
or dIrssDg gown thought strange he should nave W"
iSst escaped rom tre NJ. 2. M,yharrv al paar
Prince am 6remsn belonging No 40 va. S as hd c,
,sns heore the bell when go 70 the nie ~
M s alter on looked from sedsr ino tne
.. som .6re on mantle piece and come IN tne
room o,s same rsss or an old bed tbs floor the ass
o. h 80. sbt fees from the mantle piece sh'ah uass I'm
~ the Gre below too separate nfes ILL., NJ.
~ Mr. Phips-I did not 20 into the house oc'o~' ~