Daily American organ. [volume] (Washington, D.C.) 1854-1856, 1856-01-30
WHOLE NO. 3s3.

full examination, submitted to him (Maury) the fol-
lowing analysis of the testimony and opinion in re-
gard to the justice of the claim set up by Murphy
| and Kurtz;
WAsHIsGros May is, 1854.
DEAR Sra: have read carefully the statements
| and evidence handed me by you In the cases Of
Davis and Kurtz and Wollard and Murphy claim
ing the reward offered by your proclamation of tho
| 30th IF May, 1883 and respectfully submit to you
the conclusions to which my mind has arrived cor
cernng the whole matter.
West and Shepard were tried and convicted for
firing the houses of Samson Smms and perhars
others. These fires occurred previous to the date
OF your proclamation. There Is no donbt of their
| arrest, guilt, and conviction.
Mr.. Murphy claims the reward, and thus sub
stantially makes out his case
His own affidavit that from circumstances
which came to his knowledge on and shortly after
| the burning Of Mr. Samson Smmss houses by in
cendiaries, in the month of May, 1853, he had rca.
son to believe that the said fire, as well as some
others, We're caused by West and Shepard; that ho
communicated the same to Officer j. L. Wollard
and he believes the information so communicated
led to their arrest and conviction.
Mr., Wolard testifes that the information which
he received from Mr.. Murphy was the principal
means whereby he was enabled to detect and ar
rest West and Shepard
Mr.. Kurtz makes out his case :
Affidavit of Officer John Davis That the iirsl
information that led to the suspicion against West
was given to him by Mr.. Kurtz, on Sunday, 29th
of May, and on Monday the 3oth, he received Il
more detailed statement from Kurtz which infol-
nation he communicated to Wollard that Wo-
lard proposed delay in proceeding against West
until some Substantial evidence might be obtained
and he Davis acquiesced in the wisdom of the
suggestion that Wolard afterwards, in carrying
West to the workhouse, In consequence OF thes,
intimations from Davis and Kurtz, questioned West
and got information from him which led to the al
rest and conviction of Shepard and West
Mr.. Kurtz's own statements add nothing to his
case, though they are calculated to damage that Of
Mr.. Murphy. st
The other evidence in the case, filed by the par.
ties themselves dscloses the following facts:
Mr.. Birckhead's affidavit--That Murphy, pre-,
vious to the firing of Slmms's houses, stated his
impression that West aud Shepard had been guilty
Of acts of incendiarism
Mr.. Wade's afidavit.--That Murphy publicly ex-
pressed, in March, 1853, his belief that West and
Shepard fired Aliens carpenter shop, and had been
guilty of other acts of incendiarism
Mr.. j. w. Aliens affidavit That his shop was
burnt on March IS, 1853 that before and after
that time he suspected West and Shepard since
that time he not only suspected them himself but
twas generally talked of by the residents of tho
northern portion of the city that these bows were
the cause of all the ncendiarism in that section
that he and others had their eyes on them; that
they were the incendiaries was the general opin-
ion OF all the officers and many Of the citizens
Thomas Gooden, j. II. King, and Thomas Rs.
tins affidayits both before and after the
firing Of Simms houses it was publicly talked of in
the northern part Of the city that these two boys
were the incendiaries; that they (the aiants) had
| expressed their suspicious, and heard numbers Of
others express the same opinion; that the suspi
cion Of these boys had become so common that
| ma nat oA hat he
parties, but there was no evidence to Justify their
arrest. & AsE
Captain Birch certfes that West was brought
to the watch-house on the 18th of june Davis be-
ing the officer, and was sent to the work house
that subsequently, he was brought there again by
his father and recommitted; Wolard being the Of
fcer the last time. @
The affidavit of John Davis, (of September 12,)
the statements of Captains Birch and Steele and
also of Messrs Darlington and Ennis, clearly es-
tablish that, according to Wollard's own evidenc,
in court, West, while in Wollard's charge under
| the commitment TO the work-house, made the con-
fession and communication which led to his arrest
and the arrest of Shepard, on the charge of ar
| son, and their conviction. 1t clearly shows that
/ Wollard at that time would not have arrested West
or Shepard had he not received the confession of
| West
heard the trial of one Of the cases myself, and
felt certain that 1t not for the confession thus
made, no conviction would have taken place; nor
did believe it would have taken place even then
had it not been for the very bad character of the
/ accused. Ea8 oEs st
| This is the case as made out by the parties. 1t
cannot fail to strike any that most important
omission has been made on both sides neither
| party ventures to state in what the information
communicated consisted. Murphy asserts that
Kurtz communicated only what was common ru-
NOR, but studousy avoids stating that his informa-
communicated by either party that was could be
used on the trial E
That West and Shepard were suspected truly
strongly and most generally, not only by the cit-
of the northern part OF the city, but also by
"aH the officers not only of firing Simms's houses,
but also of other acts of incendiarism and that
their participation in these crimes was the " COM
mon talk OF the neighborhood cannot be doubted
by any one, without directly impeaching the wit.
nesses in this case.
| Upon a consideration of the whole case, | feel
| that no man can believe Kurtz communicated to
Davis any fact beyond what was generally rumor-
i ed, and therefore common property, so far as il
had any value; or that Murphy communicated 70
Wollard anything of greater consequence. IN
deed Wollard states that Daviss information, de-
rived from Kurtz was nothing but rumor; and that
though he then possessed the information given TO
him by Davis, Coming from Kurtz, and also what
he had himself derived from Murphy, he advised
that no arrest be made until some substantial ev-
dence could be obtained At this time, then, Da.
Wis, Kurtz, Wolard and Murphy, combined, had
not sufficient substantial epdence to Justify even
an arrest Of men whom pubic rumor set down as
nightly engaged In the work of arson.
Wollard, IN his statement Of August 26, vita
great force asks, If Davis had all this important
information from Kurtz, why did be not arrest
West when he had him in charge on the 18th Of
Juney which Wollard thinks was a " fine chdnce"
lost. But so forcible is the question that, while it