The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-13
Trial OF Thomas Denluy Cor Arson Ia
F1sst OeRxue.


sONhRNT AT HARD LABOR. a.
COUNT or GENERAL ezszom E.
Before Recorder Smith.
JUNK l2.-The court room was crowded this nuoSsinS
citizens las IL has been during the last two days) ~
Interested In the trial Of Thomas DENNY indcseda
setting Ore TO four story dwelling house, tho lover he
OF which occupied By hin a grocery ssore, nre
oond avenue, on tho 9Th Of September. The evidence
both sides closed last evening, with the exocpto
the privilege granted to the defence call Judge Rusr
before whom the tried last January, when o
Jury disagreed; but be was NJ called. I'd
Mr. Fogerty, one Of tho counsel for the prisoner, M
aud said that be desired to make personal expanat
In his opening address, he used the prase hell hounds
the press but In so doing did not be understn
alludipg TO the editors and reporters OF the morn
ournas, for he would yield to person In respect
gentlemen connected with the New York press. He s
ferred 10 volunteer informers, who having become s
prosecutors in this case, pecuniay interested net
success, and had furnished nom time TO time CARRIED
ports Of proceedings and charges against his CLIENT VII
had reference the charge for which he indst
and which calculated bias the minds Of the ocnx
One or IT, additional witnesses were called to prove
good character Of the prisoner previous to this aegaSu
Richard Busted, f. then rose and addreesed tho be-
speech Of three hours and half long, in beh af Of T.
piny which pronounced TO be the most successful N
fort ne had made before jury. He had ap0nr
gics to make for the which had been consumed ck
the trial OF the koncr at the bar for the responsibt
Wpcn eathefed around q which involved
human "eipg were terrible to contemplate. The cDax
which the jury were ompanue,ed try 10 many of its M
sehtal features vas OF the most remarkable upon fe
coyd and the result Of their verdict would 60 downp
poetgy as an evidence Of how potent the verdict Of
Jury was TO save an inn Mt accused send him
nealed 70 the presence OF God Counsel sHlrmS
that the ISLANDERS made against his client were crcus
TO establish the prosecution ana prejudice the pub
mony OF each winners produced BY the prosecution ch
n0oscaliy, dwelling at length in upon q
evidence OF lcha Reed aud Fire Marshal Baker, a0lr
s,assh aI,ttrr has
sp 10 convict the accused, rs he received very hrl
salary from insurance companies, who voad 'stop IN
supples' VI nvciiou wero NOT occasionally obmne9s
&c argued that the eccused had 70 motive 10 commit q
deed for which he was now on trial. and inlmsted that
was nc, unlikely that the two men who slept In the cois
were the guilty paries J.
The District Attorney followed the part OF the resps-
maintaining that the evidence showed that no other pS
could have made the preparations for tho burnit
80 readily. and none hal greater motive for commitGi
the crime than the prisoner at the bar.
Recorder Smith briefly charged the Jury. Hc zen
that the case which they were sworn TO Ey ono =
more than ordinary importance, for the life OF humfa
being was Involved in the ISSUE The indictment again
the prisoner that OF In the first degree, GRIN
which consisted oil setting fire 10 an inhabited dwells
house IN the night time, person being upon the pr
mlscs 1T the time. was the diiy of the Jury IN roceN
tho las laid down by the Court and they respoA
sbh for passiog upon the facts Ia the former ndctme
the Dowery Fire Insurance Company but that Is sbandon
In the and he Is simply charged with setting III
TO the dwelling house mslcioisly In the night time co..
rnTy to the statute II unnecessary that there shout
be sny nlcs ltion whatever contained N the indt0
mcnt with regard to dcfrardng the insurance eompan
before they could convict the accused of In tho
degree that he set fire to the premises In the night tmf
IT. however they satisfied from the proof that III
time of the firing Of the building the day had da gned IN
be the prisoner did the Decd he would be guilty Of
In the second degree II they should come 70 the coon
sion that there no burning, but that IN attempt
render q verdi Of attemrt al In the first degree
To convict u accused Of the crime tho jury must
and aso that If motive was discovered. had the Gun
pccted party the opportunities 10 effect the act OF
vcon for in the 6rst degree must invariably DO hs
from circumstantia evidence, because TO constitute th
crime II must be dono in the night tme ans from It's
nature, performed In secret. The prosecution afrno
that the prisoner motive for the commission Of the Grim
gain. They also claimed that the circumstances
such as to render IL impossible for asy other po
son An no TOO x,ps aon nave sso nrsms
been shown by n model, and II was proved thAt N
only entrance to the which DENNY aud his ~e
cupied through the hail. The police officer
that the front door locked and boiled when tho asrr
Of Ore was given ane stated that as soon he door
covered tho floor between liquor casks and Ia Ii
bins. was ALEC proved that hoio tho door,
tub was another vessel containing combustible material
sa,urae ed with fluid but there evidence that IN
FIRE communicated from below 10 the floor above throag
uo hole for the occr Uncovered tho IRE 10 tbs
from, door. Thcsc substances clearly established IN
fact iba, preparations for firing the promises mad
by some person was very important for the jury
inquire who the rostion nit the crime,
who had the greatest motive 10 DO IT, In tina
point they were to take the testimony In tho cas-
Invested OF every cir ;ums,snco. The dc
clsTstcns made by counsel on either side, by ths
Court in commenting upon the evidence should be ept,re
d!srcgzrded excepi they founded upon
evidence and pointed their minds 10 the principles upos
which they were 10 ana' &c tue testimony fthey foun
that the circu instances pointed 20 the defendant bcn
tho gslty ~ ont thoy should cay So matter
consequences Of their verdiC nigh be. In order ap
be applied which imperative. Onc Of the Was, tha
The abscce Of testimony which could have been produced
By the party was an ovidono Of g Lt II wa
charged by the prosecution that NJ the umo OF this
the pftouers stock OF goods small aud
that he had policy OF nsuianue Tor $500 upon his pro
pcrty Toe witnesses for tho defence had proved TIA
the prisoner hat oil stock OF good days bciore Ih
ire, witncss han that accused removed
chests OF tea very carly on aceran moving The Coar
cn charged several points Of law nj tho req cst OF Tho
prisoners counsel. Tho Jury mast be sausdcd be
yond reasonable doubt that the accused 10
guilty bcforc thcT pronounce that ic In ali dvubfa
cacos evidence OF good character OF the greatest
importance; out in clear cases, whether upon circum.
snnial or direct tcDony, evidence of cbaracter
no momcD, whatcver No iDslnultions which might be
maze with regard 10 The position cf accused parties, whe
ner hoh o. poor should ever be Introduces as IN elomcu
10 the trial Of c'imirae; sud h sectional prcadces In
lucnccd ursrs w The discharge OF their rcsponbo duty
there ~onld be 60 suoh hing "a the administration q
criminal Justice The Recorder IN concu'ion, said thai he
confidently belle sci the jury wUud tho evdcrcc
impniially, aad tender n verdict accordingly.
lr Busted c2ccpc1 10 various portions o: the charge
AZ haR Tat vc O'Clock the Jury retired to their room.
IN company With ofccrs, o. deliberate upon vcrdlcs.
Amer btnR absent two hours they sent Communication
20 the Court rqaring they c0ui render verdct VI
attempt NJ arscn 10 tho second degree 10 which the Rc
dcncc tne H. Free, ely at ten inmates TO eight the
jury entered the Court roCm aod on the foreman being
asked they had agreed rrcn verdict be said they hsa
Cerk-N FIAT say Jou, gcucncr, do you nnd rhomss
ntnny, the prisoner nj the bar, guilty no, guiItys
fostman- GuiJ Of arsoa 10 INC second degree, with
recommendation {, tho mercy Of the Cont
Cour ~ or tho prisoner desired 70 have the Jury poied
wLen each juror replied that thai was hts verdict
The district Attorney then moved FOR the Judgment Of
the Court upon the verdict 81 the fury.
Mr.. Bustccd desired 20 have the Judgement suspended
In order that he could have time 20 prepare hill Of
cer,ons made " the rulings Of the Court in the progress
Of. the trial.
The District Attorney replied that he deemed II his dsy
In hoecase &C Charles q Huntington 10 for juds
mont On the srCt, aud he made n rule that Ia
which have occupied much ~ the public time, 70 ovcYor
Judgment Immediately uron the rendition OF the vercs.
lie would render tho counsel every facility IN his povcv
In preparing bic I'LL OF cxocp ions, and the sentence would
In Wise irttrfcro with ns rights or tho defendant
Toe prisoner araizned, and ON being asked why
judgment should not be pronounced against him according
90 law made few Disconnected observsons which could
rot be hard drtncily NJ the reporters table He was
understood 10 say ,hst under the circumstances Of tho
ho tto-- ht hn ho hmm.