The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-04-19
nesses testimony might be received il there hfty


The Court said that the prisoner was present like any
other witness lie neither admitted proved to
lie an accomplish and if he were would st be dis
crtonary with the Court to allow his examna pro-
yed he had not been already tried and convicted the
Witness-I am twenty three years of age have been
in this country about twelve months; a native of
Ireland prior to my coming TO this country have been
in mercantile pursuits, and atery in the British army
engaged in the army for about five years; became
acquainted with the prisoner about the middle of last
June was doing business in the Bowery, and heard
that he wanted clerk, and engaged with him; there
was no stipulated salary; il would advance the business
he would pay me accordingly; was about to leave
the first month, when he agreed to pay me $40 for
the first month, and $40 for the ensuing time
l remember the fire in Eighth avenue; the day pre-
cedng it, in the afternoon behind the counter and
Mr. feney TO and told that in consequences
of some bills coming due he would be glad IL the rest OF
the stock would burn down. that with the insurance he
would be enabled 10 start again with good stock; told
him Mat IL was dangerous speculation and did not
wish to have knowledge of it, he said them
until after the store had been closed that evening" pre-
vious to closing he directed me to make out bills
and close accounts against some persons had not
finished that when the store closed the
store was closed, the boy and porter having left, the
door closed the inside; Mr. Fenety began moving
packages and boxes from the windows; some were tin
foil packages; they removed to the space between
the counter and the north wall when he had arranged
them in sort OF circle he went behind the counter and
took papers and placed them there he then took
piece of candle four five inches in length and put
ii inside the candle set against OF those pack
ages without candestick; il lighted before placing
IT. the lights all turned oil and he left the store
locked The side door the store
and through the front door; Feney left the
store five minutes before did after leaving the store
went to oyster saloon on the the opposite
side; he sitting down TO table with some friends
lie called to me- and had oyster stew and something
to erink after leaving there separated at Twenty
mint street Fencty went towards home and 10 my
boarding house. that the second house from tho tea
store; when / heard the alarm of fire l in bed; /
jumped out of bed and pulled pants ana took the
Keys and went Immediately TO the store opened the
side door, and did the smoke issued
out and could not get in; remained there until the
fire partially put out and then put my hat and
great coat and stood among the people, the day
vious number OF bags containing sawdust carried
removing them; knew week after had been in the
store that greater number of bags and boxes in the
store filed with sawdus while was at that fire
Mr.. Fenety; he came in his irt-seeyes and re-
manned until the Ere out after the fire went to
gentleman of the name of Cannon, who about to
open the of Twenty ninth street and
Seventh avenue; remained there ten days; that
the last place went to do business there place
hired the Bowery called the New York House,
1t hired for by Mr. Tenety about the middle Of
October; intended to open military school there;
had lease of it it about the first Of November that
first made known my knowledge of this matter to the
insurance companies.
The witness subjected to a very long, minute and
searching cross naon-Witness said he born
in Dublin, and had served in the British army private
and orderly clerk had served first in the 18th Light
Dragons; had left his regiment by purchase, the sum
had been paid by his friends had then gone into bust
at place called Balbriggan, sixteen miles from
Dublin; had engaged in business again in Dublin,
and afterwards enlisted in the I'd Queens regiment;
had in 1851 sailed for the Cape of Good Hope under
Lieutenant Colonel Burns returned TO England in 1885,
did away from the Cape Good Hope took pas
sage New York ship Andrew Foster arrived here
April passed under the Of John Doyle; had gone
leave of absence, and leave Of absence STILL
Daughter, could not remember saying to different indi
yiduals that the prisoner innocent of the offence
charged against him; know gentleman of the name of
Clancy; can't recollcct telling him that had to
make this charge to myself my lion with
Mrs. Clark two three days after the fire. O. Did
Feney, that lighted yeu out of the store with piece of
parerf' A. said nothing whatever about paper it
would be hard TO light her out of it with paper, she
not in IL at all did not help to put tho boxes in
the coach; knew the house was indebted.
Moses Jackson was one Of the assistant engineers
found number of persons there the smoke coming
out in great quantities. said break in the door; assist
ed and drove in one of the panels was compelled to
leave from the fire and smoke put my hand in the hole
and took away iron wooden bar and got the door
open when got the fire down at eight ten feet from
the door, there large number of tea boxes piled
up; desired the men to what it was; they were
thrown out the walk supposed they containe tea,
reason don't know, broke in Of the boxes and
found sawdust; / broke in second 1t was the
came ! found eight or ten other boxes there;
IL seemed to me the fire originated where
the boxes filled the floor caarrel about
eighteen inches; the boxes piled against the north
WALL there five six feet between the counter and
the boxes there goods in the north window;
do not know TO the south; tho fire had rot reached
there; also looked behind the counter; tho foreman
Of II Hose IL John Price books the counter
by the cour-lt was not daylight; little moonlight,
something morning
Cross examined-I tea cannisters books; it
dnl not appear a. If carpenters had been there.
James Lynch sworn-I was porter with Mr.. Fenety
for about four weeks there clerk and assistant in
the store was sent for candle the day of the fire.
and bought il of Mr.. Hasler cant say whether it
tie clerk Mr.. Feney that sent me- had never pre-
viously been sent TO buy candle and used
there; in the habit of staying there until eight
nine ten o'clock in the afternoon assisted in
ing some bags to the basement; they all contained saw
DUST when they all there ripped them open and
dunn ed them the floor, Mr.. Fenoty and 0'Rourte
assisted me; when left the store let them behind me;
in the front windows some tea in cannsters; did
know what the boxes contained until that morning.;
when left that evening the boxes not piled up, and
APP earance of it,
The Court adjourned to 10 O'Clock this morning