The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-04-12
Trial u the Two Dsgangcrs for Arsons
COURT OF OYER AND rHRMnsER.

first and John Dornger the second otherwise called
Terringer placed at the bar charged with the crime
of arson in the first degree The alleged crime com
mited the oath of February last The building hrcd
was dwelling house, in the Fourteenth ward
jury empanneled after two challenges
on the score OF conscientious scruples . . .
The District Attorney, in opening the case sad-n ~
please the Court gentlemen Of the jury VIII now stare
you gentlemen the character OF the case wnioa you
empsnnelled to try, and the facts "hch expect 70
devcope by the evidence These two young men, oy the
names of John Dorlnger he hrs ana yonn pSnneer .ne
merely the doubt e which was the real name,
being German names % al, n tbe naicmsnt With
the first degree the punishment of which, by the
laws Of h sas in s IN tine first de-
OF a dwelling house in the night time, in which there
shall be al the time some human being The essential
ingredients, therefore, of the offence first the viii
fully setting on fire. Of dwelling house;
eond, the setting Of y on FIRE in the night
must be in the house human being. These facts
being PR ged the law takes It course and the parties
must sufi the penalty of their msdeeds 1t will be
shown in evidence before you regard to this case that
these two young men, Who though bearing the same
other we're the occupants Of the frame dwelling house
situated in the rear fifteen twenty feet from the line
of the street at No 40 Prince street in the Fourteenth
ward OF this city. 1t occupied boarding house.
and the lower floor as lager beer house. consisted of
three Stories Somewhere about the 10th Goth of
February one OF the prisoners applied through Mr.
Lang, TO the st. Marks Fire Company in this
city to procure insurance upon the property contain
ed In these premises setting the insurance at $500 He
requested Lang to procure the insurance quickly and
desired to have the next day. appearing to be in
hurry Mr. Lang received formation that the surveyor
Of the company would make examination OF the pre-
misses. lie was called upon the next day by one OF the
prisoners who again requested him to hurry and de-
sired 20 know the policy ready Finally on the
23d he called again, and seemed very anxious and de-
aired tnot he Would wait another day On the exami-
nation of the premises the surveyor found some small
quantity of furniture and in the bar bottles
talu lager beer and decaners and other parapherna.
la OF drinking shop. He appraised the property at
$500 the 3d OF February the policy executed
and delivered to the prisoners or of them On the
at hnnt hrapn fAnr
O'Clock, Of the police officers, Mr.. Mcvey
being at the time on post duty in Prince street,
this dwelling He Immediately called another officer
to his assstance-Mr. Wallace They proceeded
the door the two prisoners found and Immediately
rushed out, both of them fully dressed Alarm was
given by the officers the engines brought to the spot
and upon examining the premises il found to have
been fred in each story In the third story beds were
that story and the others, between these three
stories There traces the noor and no burn
ing the floor At the head of the stairs the third
story, found large chest blocking up the way On
breaking it open it found to contain nothing but ea
Tiers The furniture had been removed from the house
and hut little remained. An the contents of the bar had
been removed from the house two three days prev
1t viii be shown that three days previous they had
been removing from the house bottles and boxes
and the whole amount of property dwndled down to $50
worth The prisoners were Immediately arrested and
taken to the police station They found to be nicely
and perfectly dressed their hair smoothed collars per-
fecty clcan and evidently showing by their dress that
neither had been in bed. On the examination of the
prisoners they stated that they bad been to bed. One
OF them says that he was awakened by something press
ing as if upon his breast when ON rising he says he
(Dorpger,) call from the window g hre' That sound
was heard by no outside Having stated the circum
stances of the at length the examination of wit
nesses for the prosecution commenced.
James d. Cowenhogan sworn, said-I az, surveyor
for the St. Marks Fire Insurance Company their Office il
at % Third avenues [Doringers policy of insurance
here produced in court and shown to wtness to the
best OF my knowledge the signatures this paper
tho Of the President and Secretary previous to making
out thin policy made survey Of the premises occupied
street fifteen feet from the line of the street. old
fashioned two story frame building with attic when
at the bar; in the barroom were two chairs old
sofa and small bar with decanters and bottles in the
about ten feet long, the second story three
rooms found bed each room and some little furni-
tare the attic furnished in the way; did not
20 into the basement; i valued the whole ut $500.
s lang sworn, saidI reside in the Fifteenth ward,
at l94 street. know the prisoners; am broker
for the St Marks Fire Insurance Company was recon-
mended to go to this house by Of the Pacific
Company 70 ask them If they wanted insurance; saw
there John Doringer No 1; went in and asked him IL
he wanted to be insured; asked how much he wanted
to be insured for, ana he said $500; went back and
see whether they wanted policy at one per cent or
not then saw the other he said the other
out and he supposed looking for another company be-
my house, and told me the other young man mis-
taken in saying he had gone out for such purpose;
promised 10 give it him next day; Isaw him in the Office
on the next morning. he said he wanted to know whether
he should wat-snd told him the officers would not be
.
man in the Office; did not 60 to his house again.
Crossexamned-lt was on the 18th that first went
for The insurance; was broker once for the Pacific
butat this time was broker for the St. Marks compa
wanted he told me to look through the house and sse
told him it was none Of busness-they must show it
John O'Brien, sworn.-In the month of February last
lived at AZ Prince street. tended bar know the pris
month there to ISowedae recoec S e was
up at the timc it was twenty minutes to five; the
Wednesday previous number of bottles taken out
of the premises that twelve O'Clock, noon; there
about six dozen they in baskets used for
rying them each box that contains two dozen;
cannot say if they were full or not
oss-eNamined.-1hese bottles ap peared to be small
wine bottles; was six eight yards from the wagon;
looking out OF my store at the time was stand
ing looking out of the window cannot that there
other bottles in the wagon except those from
Doringers 1 don't know that I have ever seen the
wagon; knew the man who occupied the premises be-
fore Mr. Dofinger but can't recolect the name.
tenth ward went on duty on the S4h three O'clock
and ought to have been relieved at six; No 40 Prince
street nineteen or twenty feet back the entrance it
small alley way between 40 and AZ there is other
trance; my attention was first drawn TO the house by
CRY of IRE; believe 1t came from the house up
and the alarm given broke open the gate, and
kicked open the front door, and then the two Dorngers
rushed out; they had their hats on, and fully
dressed; had cloak and couple of coats; when
they out called John Roberts caught hold Of
and they said no. afterwards went into the house at
eight in the morning. examined all the rooms found
the basement very much burned; all the ceilings
nearly burned through the fire appeared to have been
llabout it, all the furniture that happened to be there
was burned; the barroom burned, and the
mains of two three chairs; stove in the back
room, and small centre table in the second story in
the hall, was washstand and bed; there marks
of ERE there; there means by which the Ere
could have communicated in the attic
and bed and in the centre Of the bed appeared to be
Gre.
Gross examncd-0ne Of the prisoners when taken from
the house appeared to be affected by the smoke can't
If the other not the fire might have been
casoned by its rushing up through the lower floors.
Edwin d. Brewer sworn-I am one of the Eeutenants
Of the Fourteenth ward present at the time Of the
Ere the prisoners when they to the station house.
did not appear to have been in bed at all their hair
buttoned TO the throat both had collars and cravats
on; Dornger No did not look 90 slick.
Cross-examined-t was not daylight when they
to the station house they not searched that know
off. the weather yeryc mt