The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-12
THAI OF James Shepherd fDr Arson In ths
First Desrco-Important Circumstantsal
TestSnseny.

Before Recorder Smith,
Dec u.--As as the Recorder took his tho
bench be disposed Of four charges Of assault and battery
by suspendng Judgment proof having been furnished Of
good character and other mitigating circumstances.
The trial of James Shepherd indicated for the
first degree, was resumed
EVIDENCE FOR THE PROSECUTION
Peter Bogst called and examined by the Assistant
District Attorney. He said-I live now in Ffty fourth
street, between Ninth and Tenth avenues am house
carpenter; the 9th OF June resided between Fifty
second and Fifty third streets in the Ninth avenue the
same house with the Dckers aroused between IL
and O'Clock the night Of the fire and the
at once Mr. Shepherd there and about half dozen
running to it, the prisoner Of the front
door of his own house; he stood in the door way when
first him. he cried out, 'The Dutch have burned my
wife, the Dutch have burned my wife' he had panta-
looms and shirt on did not hear him say anything else
he dancing around tho street, did say anything
to him then, nor did he converse with anybody;
up into the building by the front door did not see
any OF Mr. Geyers floor on fire. but perceived that the
fire from the roof and dropped the floor Of the
second story looked into the room and shouted but
person replied; l saw bed lying in the north
east corner of the room, after which l went
down stairs into the and broke into the
window Of the second story; there was nothing in the
room but bundle or bed and bureau: met (;ever com
ing out with bed in his arms Shepherd kept dancing
about and saying, The Dutch have burned my wife, let
fool for he did not want into the fire. policeman
then and took Shepherd knew the prisoner
stood from the accused that he was building house at
Harlem, and was going to move there.
Cross -examined-I don't know whether there was any
IRE IN the room on the first floor, because the door
shut; there was no fire in the hall
To the Court could go into shepherds room, at the
time saw him in the street. without being burned.
Cross examination med-The shed which placed
board to into the window of the second story was not
nine feet from the house, some Of the nelghbors said that
IN b0icp hut hp nat tall
went around to the front Of the stood upon
railing TO look into the room Shepherd told two
going 10 move to Harlem; never had any difficulty
with the prisoner; ! never said in Rooney's store
not have sworn half hard against him; l did
not tell Mr. Rooney that had difcuy with Shepherd
de not remember whether it was before after had
the conversation in Rooney grocery about the re that
testified at the Jefferson Market Police Court
Catherine Horvcy testified that Mrs. Shepherd a
cousin Of hers saw her the Thursday before she was
burned the fire occurred the Tuesday followng she
bought the ground and they lived years together in the
house; they did not to live very happy together
interfere, but she prevented me; Mrs. Shepherd was
strong active woman, and appeared be healthy when
last saw her; she temperate in her habits never
thought that shepherd spoke pleasantly 70 her.
Cross examined-They lived in Gansevoort street four
years ago, when saw them quarrelng they visited my
house together and oek several times and appeared
pleasant: they attended prayer meetings my house
was not pleasant TO him because Of his unkndness his
wife; have had difficulty with Shepherd; have visited
them at their house in Fifty third several times
To the Court-The middle Of April was the last time
To the Counsel for the prisoncrI jump from the
window Of the second story to the sidewalk without
ing myself.
To the District Attorney-I knew nv Cousins Mrs
Shepherd) watch; the gold watch exhibited to me
cannot identity for the one shown at Jefferson market
broken.
John Mcclure deposed that he lived l25th street and
Third avenue (Harlem); was a matchmaker; saw the
prisoner about the 10th Of July he shop
left old clock repaired and subsequently brought
watch 10 be repaired Il remained in my possession till
was s Asen away by BY Fire Marshal Baker he elt the
left by the prisoner made memorandum of 1t the
time.
Counsel declined to cross examine this witness at the
present stage Of the case
Nelson Palmer said he was the pastor OF the Baptist
church at Harlem; saw Shepherd in March, but never
spoke him I'LL April remember day OF the IRE; at
that time lived in 25th street the OF my house
adjoned the prisoners lot the prisoner stated TO me on
the 9th Of June that he intended 10 move there in week
saw him about O'Clock in the afternoon walking about
ON his lot with his hat and coat OF seeing him walking
about thought he appeared 20 be trouble distress
when he said They have burned my house, they have
burned my wife, and what shall do;'' / sad TO
him "What Is that you say ~ when he replied in
the above language; my inquring stll further
he said there Dutchman residing In the low er part
his house. and that some days before he had accused
this man Of taking things when he and hts wife
absent and that the replied he would be revenged
him, and now, said shepherd, he has been revenged
me- he then said that he escaped from tho burning house
by jumping from the window that he endeavored per
suadc his wife 10 do the and he held on TO her
until the flames compelled him relnqush his hold he
said also that they woui be up there aud burn his house
at Harlem 10 night and wished me 10 loan him trunk
take some articles from the house loaned him medium
sized trunk, and he soon returned and brought TO
house do not know its contents no also brought small
mahogany boz like jewelry box lady's workbox;
he remarked that his wife AFRAID Of breaking OF
her limbs, AMI would not jump from the house he told
me he bad taken no rcfreshment that day, and almost
compelled him 70 take tea the box shown me like that
which Shepherd brought 10 my house
Cross sexaminsdShepherd referred 10 the German that
lived in the lower part OF the house and not TO the
who lived In the rear; saw Mrs Shepherd at Harlem
peaedy In company with the prisoner my study window
looked out on their lot and them cultvating the
garden.
Lucy Keesban testified that on the 9th Of
June she Ia Mr., Palmer's house taking
care. Of her sister; saw shepherd tho day
which Was Suii Of chlldren's clothes, and when
afterwards, two womens dresses, also a wool
len plaid shawl some white clothing the top
they looked like a ady's underclothes l think
there wero two gentemens undershirts also Shepherd
called on one occasion and asked for the trunk but Mr.
and Mrs. Pamy were not In told him II would make
difference he could call again
VIM. Lenzeubce, "a youth,) said he lived S1o West
Twenty ninth street knew Shepherd and his WIFE at
their house Fifty third street. Mrs Shepherd have
gold watch: heard them have any talk about IT,
but heard them time (he month before
the re1 about money Shepherd came in from his work
drunk and said 10 Mrs Shepherd, Give my dinncrv
she pushed him away s he was attempting 70 sit her
lap she got him his dinner when he asked her for dol
lar she said he had not any and he then took up plate
IRE her. but set down he took up the watch and
herd he told me 70 90 back aud ask her 70 give him
dollar; did 80, and che said she had any money
Mr. Palmer was recalled by counsel Tor the accused,
who said that Shepherds face and nose when no saw him
were blistered, and bis whkkers were burned
Robert nckey deposed that he lived at 3lo West Twen
ty ninth street knew the prisoner and his we was at
his house In Fifty third street Sunday afternoon
March while there shepherd in and after the usual
sautatons took policy out OF bureau draw
read H. and asked him II he going 20 remove
tho policy his house In Harlem he replied that he
tended 20 down the house and Jane along with it,
meaning his wife; he was laughing at the nme and do not
think he affected by liquor
aCrcs examncd-nrs. shepherd and my wife were pre-.
sent at the time Of this conversation, do not remember
the Of the insurance company but think the
about $3.50; never saw Shepherd IN thoughtfut
manner, but he always seemed TO be laughing; looked
him earnestly when he said he would burn down the
house and "JaDe along with Il, and Mrs Shepherd
ing do So said "never mind what he says"
10 the District Attorney-l have known Mr.. and Mrs
Shepherd for I've years they did not live good terms
occasion, three years and half ago she came TO
my house at twelve O'Clock at night THE Court
would not permit the witness 70 detail her conversation
not being legal evidence The witnesssaid thatothcro
three stone steps Leading 10 the house saw fbed
stead in the southeast Of their three weeks
lon nxn