The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-04-19
Trial OF John M. Fenety for Arson.
COURT OF OYER AND TERhINER.
R.inra Hna I..Ara Rn.aarall

APRIL 1.-THE court met this morning at 10 o'clock
The counsel employed for the defence the of Mr.
and Mrs Hays intimated that they ready to pro
coed with the trial. which set down for yesterday
The District Attorney said that two material witnesses
unable to attend in consequence Of illness Mrs.
Lutener in delicate state Of health and could not
possibly appear and Mr. Shallow was suffering from
dangerous illness. He could not be ready with the case
for several days and would set il down for next Ihurs
day week 1t would be utterly impossible to Try 'he case
After discussion the trial was SCI down Tor the
The trial az John NJ Fenety for arson in the first de-
gree then taken up The circumstances OF the case
viii appear from the opening remarks OF the District
Tho District Attorney said that The charge against the
the prisoner that of in the first degree. This
offence consists in the wilful setting fire TO dwelling
house in the night time there being at the time
human being therein It win be shown in evidence before
you this that the 10Th of February 1853 the
prisoner John FeDety procured policy of insurance TO
be effected in the Pacific Fire Insurance Company this
city upon the merchandise contained in the No 1888
Eighth avenue the amount of that policy being 81 900
and that the 25th of March he procured another poll
cy to be effected the merchandise in the store
the amount OF in the Greenwich Fire Insurance
Company making total of 81 500 of insurance contained
in that store II viii be shown you that these prem.
were there at the time of the breaking out of the fire
On the morning OF the 23d of August clock
in the morning the inmates of the house aroused
by smell OF smoke in the upper apartment and having
their suspicious excited certain matters which mad
Cured during the day previous and the female of the
house having several times in the of the night
hcipated some ire rising from her bed from these
picions, went to the entry, and found it ful of
while the female was on the roof the male was
Obliged to go into the back room and close
the door, ana there he remained until it was ex
tnguished. 1t will be shown by the CLERK of the
prisoner that the evening of the first OF August
proposition made to him by the prisoner to lire
the premises upon the allegation that he had some notes
coming due and offer of $500 made to him TO fire
the premises and that after some circumstances il
would SEEM from the subsequent acts of the parties
if there had been concert of action in the crime or
yielding the part of the clerk to his employer. There
was ia the porter and another clerk in the
al these
Cner clerk and porter, busy engaged in the
in removing boxes from one part of the cellar to another
The District Attorney said it would be shown that the
porter sent for candle that this about four inches
in length, lighted and placed in position calculated
to fire the premises and that Feney left the candle burn
ing in that con iiton 1t would also appear that
Der of the boxes parporng to contain teas and coee
filed with dust. The quite plain, be-
the testimony positive. If the witness Rourke
is to be believed, there doubt whatever of the
prisoners guilt He free to say that his (Rourkes)
evidence to be looked upon with great suspicion for
to certain extent he stood in the position of
plce. 1t was for them to determine how far he
not to be credited in of this description.
Amos I. Hatfield, sworn-l am connected with the Pa
cc Fire Insurance Company, Secretary there
insurance effected in that company upon the store 33
Fourth avenues heard of the fire the next morning after
occurred went to the premises ut 10 in the morning
and examined the suskes found police in charge Of
the store there fourteen fifteen tea boxes the
wharf; of them broken open, and contained
sawdust: went in and saw Mr. Fenety; asked him how
the fire occurred he said he did not know; there
counters side and of tea boxes the other
the fire had burned hole in the middle of the Hoor the
L
asked the prisoner what amount of stock he had his
ply was that he had a considerable stock in asked
how much; he said from 81 500 to 81 000 he said he
thought not less than 81 ooO asked him show where
the stock was pointed to the boxes, and asked if they
were all tea he said he believed of them contained
tea he went to the back part of the store where there
we're some eleven boxes half boxes which he pointed
out contsnng tea he then took behind the counter
and showed me the retailing boxes five six told him
that we had better have apprasemen and he agreed
to and selected his appraiser selected Mr. Blackstone
A appraiser these eleven twelve boxes back
fifteen twenty feet from where the boxes piled up
around the hre was afterwards furnished with copy of
the aPprasement; (copy shown TO witness0 that is
copy of it.
Cross-examined-I Fenety before this day;
the application to company have been made by
broker can't tell who il if SO; this store very
handsomely fitted up, about twenty feet wide and
fifty deep; there was good skylight; there were
paintings on the wall; can't say whether they
Chinese figures not can't say II it unfurnshed
Ga plan of the store produced in court and submitted
10 wness asked him about the dust in the boxes;
he Old it was done 10 make show; he did not deny
that there was sawdust in them saw tea coffee
in the street. there sawdus all around; after the
sppiaisement he made affidavit of the amount of
stock Mr. Fenety to Office before he made the
apprasement have not at time offered TO settle the
matter; told him all be could claim from would be
only the amount of the apprasement; had desire
10 prosecute Mr. Feney the first information had OF
the fire from Mr. Rcurkc the clerk he called
upon us fourteen or fifteen days previous to the aiia
Wits; he was at our place about three times.
Timothy Whittemore, sworn-l was the President of
the Pacific Insurance Company when this policy
made out (pocy shown to witness the date is the oath
of March 1883 fer year $500 upon stock of coffee
Cross examinsd-Mr. J. Marsh acted surveyor
Peter Colwell sworn-ln August last resided at No.
3S3 Eighth avenue occupied the fourth floor; the second
and third stories were occupied by Dir kearny my family
had resided there over year at the time OF the fire.
gave the alarm Of fire myself it was between three and
four O'Clock in the morning of the 2d of August
aroused by the smoke; was laying the bed at the
tme went down into the basement and discovered that
there Ie there IS side door leading from the lower
hall to the store it is the west part Of the main
buildng went to the front door and gave the alarm oil
FIRE my wife and three children were put OF the
Monday 4
dust at the foot OF the basement stairs which led TO the
front basement; there was piled up in that basement
forty tort two sacks, right in the centre the
spot whore Gre brohe out little to the north Of the
line of the sack they were piled UP TO within four feet of
the ceiling; Monday eyeaibg saw that some OF The
shelving had been taken down from the roat part Of the
store
Crossexaminei-I stated to my wife on Monday even.
ing that thought it likely that fire would take place
within twenty four hours; thought it would in
the lower part Of the house. q Did you make any
partitions for the IRE A. Yes did not go to sleep
O. Were you waiting for the reS A. suspected there
would be one Fcnety ard are on good terms; never
had any quarre about cutting wood in the front base
ment; there some words between the day after
the FIRE; feney up to me and began sympathizing
with me about my narrow escape told him that that
not the time for sympathy that had got out of
the smoke of his sawdust; met Fenety outside in the
street and bad words with him. was ordered out OF the
store.
Samuel Cobb sworn-I reside at III West Thirty-sixh
street. know he prisoner. and in his employment in
July Of last years recoect the time of the fire. left the
store between and O'Clock the night Of the fire.
the porter Lynch went with me- and Feney and Rourke
g. at that time they ali there carrying down bags
the boxes left usual burned gas il the store
piece OF candle in of the drawers inch aud
hall long; the porter was sent about O'Clock fora
candle did not him return but after came back
from supper the candle lighted; they using
ii; il IN lie front entry the porter had it; there
about eight bags full Of coffee left in the store
much twenty Ave carried down. they afterwards stood
tslkipg together Mr. Rourke usually closed the cellar,
and sometimes did; Rourke said he would close the cell
lar himself that night; Fenety lived in Twenty.nnth
stroet ard the porter went home; heard of the
ext NOR i
store: saw largo quantity Of sagdust about three
across Of he floor burned through the ceiling
If tho store thirteen fourteen feet high; had
God many fancy boxes made OF wood and others
# tin foil and 10 Of these contained tea and
coffee nd others saSdust don't know how many con
tained sawdust.
Witness said in his REORGANIZATION that of the
IoNes had been moved for the convenience of the carpen
when alterations had been made part of the shelly
ing had been moved aio there had been matches
cd the foor and Mr.. Fenety had complained of it,
picked them up from the near the side door lead
irR 10 the entry; Fenety asked Lynch 10 pick them un