The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-11-14
CONVICTION FOR ARSON.


counsel for the defence and the District Attorney
had summed up, Judge Beebe charged the jury fol-
lows -
This case, gentlemen Of the jury-one Of exceeding
importance-which has been greatly protracted-calng
largely upon your time and upon the time Of the court
10 fast drawing to its termination 1t an exceed
ngy important ONE not alone from its to
the prisoner but IL is exceedingly important its
sequences to the community at large There no crime
known to the law Of deeper dye than that Of arson
there Is no crime which involves greater amount
turptude. 1t 10 crime against which the community
esunot protect itself and II the defendant this case
who IL charged with attempt to commit that crime
guilty NO sympathy should prevent you from fulfill
ing the stern discharge Of your duty. This is
ceedingy important in its consequences to the defend
ant, Charles A. Peyerely-a who, up to the COM
mission Of the offence, has borne character which any
man might be proud to hold 1t is important in its
sequences to the defendant because 1t takes away that
character from him, and consgns him to felons
doom. The charge in this case is not for the COM
mission Of the actual offence Of arson, but for
having far proceeded towards its commission
ss in law would constitute an attempt. When . crime
has been contaminated far that il is complete the
law nfers the intent and you intended to that
which has been the Of your But where
Of the jury to look At surrounding any
gather from them the motive of the guilty party In this
case that on which you must find your verdict is the
the preparations which proved he did make in his
warehouse win read the statute to You, gentlemen,
doing The FIRST section which refer is in relation
to where the offence 10 complete It says that seyery
person who shall wfuy set fire to, burn in the night
time any shop, warehouse other building not being
the subject of in the first degree but adjoining to-
or within the curtage Of any inhabited dwelling house.
that such house shall be endangered by such firing
sha upon conviction be adjudged in the second
degree The allegation Of here that had
the offence been completed, the prisoner in this
thQ erin uosc riv,fto IF
have just read Now gentlemen, it is Admitted that
that crime has not been committed and need advert
It no further 1t Is only alleged by the prosecution
that an attempt has been made to commit it. and
shall read to you the section of the statute which
mas reference to attempts It states that Every
son who shall attempt to commit offence prohibited
by law, and in such attempt shall any act towards
The commission Of such offence but shall fail in the per-
Petration thereof or shall be prevented intercepted
in executing the same upon conviction thereof, shall
cases where provision made by law for the punish
ment Of such attempt, be punished &c. Thus man
who has design in his mind to commit crime, and
does some act towards its preparation but fails in the
completion thereof shall be deemed guilty attempt
TO commit such crime. These, gentlemen, the
statutes and to these you apply facts of this
case: You win permit then briefly to call your at
tention to these facts and they make out the
fence with which the prisoner is charged We will COM
first with the conduct Of the younger brother
he wss NOT in store cn o
The night Of the 9th of July OF that you to judge
Did he 90 to Williamsburg that day and purchase
three half barrels of turpentne and three half barrels
a. campheneP Did he give wrong name to the person
who sold him these barrels? If you find that he did
purchase in itself innocent and only becomes guilty
II the motive was bad one. Why a wrong name
given2 Was II in order to remove all suspicion and
made the purchaser You will judge OF this. Again;
between four and Eve o'clock in the afternoon Of the
same boy, the younger Peverelly, and Is asked to
60 to Peck slip and get six barrels, and take
gets into the cart they 60 to Peck slip take away the
and ao. what + in @
entf The barrels taken to Front street. earns
swears that they rolled into the store Now what
became Of those barrelsS We're they unheadeds Were
their contents scattered around by the defendant and
his brotherY and, SO, what their motveS Was 1t
an innocent ones Is it consistent with that
cotton should thus be left about the building
with camphene and turpentneS II So yon have any
reasonable doubt this poiut you give doubt
that st quarter before O'Clock the Peverellys left
their store with the intention Of going home to Astoria
t mih
y: sS e 70 Ss s ts bsy What did they do
Of cotton spread it around, and saturate it with tur
pentine and camphenef Did they pile up the box the
third story with oakum and woods Did they stuff tn
grders above with cotton, which saturated with
furpentne that the witnesses have described it drip
pingY Did they do SOP and il they did, it with
Innocent intentions Why was cotton stuffed round the
front and why loose cotton piled up against
the windows the fourth story high q c0uli
.ssch Was this done to hide the light or to shut out
consistent with the defendants innocence, you should
then acquit him. Another point for you to consider
ton that described by the witnessess Have you any
doubt Of thisS If you have none, with what intent
from their situation, were likely to do it9 II
you have any doubt that these prisoners were
not the parties give them the benefit Of that doubt
also. Does the personal condition of the boy
lead you to believe that he there9 White and
Baker both that his feet saturated with
phene or turpentine. What he doing with the cam
overals and shoes which found the Office been
used by Charles A. Peverey in making his preparations
So then all these facts point to conclusion to Wit
that the parties committing acts preparatory to fir
ing the stsre and you will be bound according to the
these preparations, then you viii have to consider the
point ohe defence that they do not constitute at
rute Now what is the lawa 1t says that every person
who shall attempt to commit offence prohibited by
law and in such attempt shall do act towards the
commission Of such offence but shall fail in the perpe
tration thereof shall be prevented intercepted in
executing the shall be deemed guilty OF the offence
Of attempt. Now camphene placed in the cellar
or was saturated cotton scattered about this building
with intent to destroy tY If act mas been done
towards the preparation of the offence only
sound law but sound common 1t has also been
for the defence that the defendant cannot be
convicted under this Indictment because there were
dwelling houses adjoining within the meaning of the
statute On the 6rst blush it appeared difficult to get
over this but after careful examination OF the statute
find that there is really but little in it. Listen again
to what the law says-any person who shall wlfay
FIRE to burn in the night time; any shop warehouse
other building not being the subject OF arson in the
FIRST degree but adjoining to any inhabited dwelling
house. that such house shall be endangered shall be
adjudged guilty, &c. The statute says that such
house shall be endangered meaning, therefore, by the
word adjoining so that it would be endangered by
the firing The point then for your consideration Is,
these houses Depeyster street. or Maiden lane
SO near or adjoining as to be ENDANGERED by the firing
Of the store LAT Front street, II you find they then
within this indictment the defendant is guilty.
There points which ! have been
asked to charge the jury, by the counsel for the
defence. The first is that in order to constitute an at
tempt to commit arson light must be repared with
intent to set FIRE to the cobustibe materials which have
been previously arranged in order In regard to this
would say that you find that series Of overt acts
committed, with intent to fire the warehouse it i
sufficient to bring the within the Indictment T,
the third and fourth points which requested tc
charge, the remarks applicable On the iftl
point which states that unless the jury satisfied that
are Defendant applied the fame to the building TO the
comhustble material, he Is not guilty, refuse t.
charge the jury The sixth point which states that thu
evidence must show that the attempt to- fire the build
ing was in the night time l. cnrrert IN.