The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-14
Trial or James Shepherd for Arson I'm tn,
First Degree.


Reynolds is announced They are at Mobile
Trial or James shepherd for Arson In the
First Degree.
COURT or GENERAL SESSIONS.
Before Recorder Smith
Dec. 12-When the Court opened this morning
the trial of James Shepherd, charged with in
the first degree, was continued.
Steward Shepherd examined by counsel for the
prisoner was in Shepherds house about week
before the fire; remember when it was built, and
helped to construct it; it was erected about four
years ago. as near as can recollect; think it took
three months to build it from its commencement to
its finishing; the stills of the house were light beams
four by six; there four posts in il, three by
four, but were not ~ large as the timber used for
ellis; the floor beams were heavy joce, and placed
at four five inches apart the floor was made of
good yellow pine plank; when Shepherds house
was first built the root was made of tin, but year
afterwards tar was put on to prevent the water
from coming in; helped to weather board, iath
and partition the house; l also built part of the
chimney and assisted in constructing the founda-
tion there was bedroom OH the first floor and the
rest was kitchen; there were two bedrooms and
kitchen on the second floor; there were two
windows below and three above and four in
the rear, all of which had sashes and blinds,
and were in good condition, as were also
the doors; there were four doors on the first
and three on the second floor, one of which new;
part of the house papered and the rest plastered
and there were two closets up STAIRS the front Of the
house was made of new hemlock boards and the
rear of new rough boards; / am mason by trade;
was not at the fire. but my brother the prisoner
at halfpast four o'clock on the same morning at the
Twenty ward station house; his hands and
face were burned; to the best of my knowledge the
accused was in my company all the day on the 9th
of June, the day of the fire, except an hour and
half in the afternoon; he remained at my boarding
house several days.
Cross examined by the Assistant District Attor
povyd detained in the Tombs m cha
of passing bad money to girl; was also arrested
on another charge OF the same nature. and for
another crime by Fire Marshal Baker; il is my bust
ness whether ever passed by another name or not;
my right name is Shepherd; ! came to this country
seven years ago; was called Herd by some persons
and Shepherd by others in the old country; was
never arrested for crime in the old country cannot
and will not answer how much time spent in assist
ing to erect my brothers house; / saw my brother
purchase some boards at a factory-a load-but
cannot tell how many there were in 1t; don't know
how much he paid for them, or for any of the mate
rails Of which the house was composed; ] boarded
with my brother and his wife for six months in 81 and
never saw them quarrel or use hard words 10 each
other; heard my brother say that he intended to
build house some Of these winters in Harlem; when
] was at his house the week before the fire,
two bureaus, chairs, a bed. aud other articles.
Abraham Demarest deposed as follows:-I am
carpenter and master builder Mt West Tenth street;
heard the description Of the house given by the
previous witness, but have never seen il.
The Court intrnated that the estimate submitted
TO MeHNTr. Taylor DenhTe-t Wlutly
the description given by Shepherd.
Witness continuing-On looking over this specif-
cation say that the estimate made by Mr.. Tay-
lor was very low; should judge il would take forty
difference between the value Of second hand mate
rial, especially II il was good, and the commonest
kind Of new wood, would be very little; should not
like to construct house eighteen feet square two
stories high, without frame.
Gross examned-The house would only detcriorate
fifteen per cent in value in four years.
John Henhing testified that he lived in Fifty-third
street opposite Shepherds house, at the time Of the
fire; somebody hallooed Fire he got up and saw
the flames issuing from the window; the fire came out
OF the lower window, and at that time the upper
part was not on fire. did not sec Shepherd
witness was five minutes dressing himself and on
going into the street hallooed fire." saw Shepherd
then go over the fence, and heard him cry, My
wife J." any wife, this fence near the garden,
at the front Of the sidewalk; two to get
furniture out Of house near by; saw Geyer carry
his bed out.
Cross. examined am gardener in the summer
and gather coal ashes In the winter; Shepherds
house was but when went To live there, about four
years ago; saw Shepherd every day, and am on
friendly terms with him; Shepherd baied me out on
a charge Of robbery two years ago; don't know what
hour was aroused by the fire; retired to bed at half
past 3. This witness was crossexamined at great
length by Mr.. Sedwick, but nothing of importance
was elicitedl
amned for the defence, testified that when she first
saw the fire IL commenced from below, after which
she went into the Ninth avenue and hallooed fire.
The testimony corroborated the evidence of her hus
band.
Cross-examined-l knew John May before the fire,
and he was not one Of the two men whom she saw
running. She testified on the preliminary cx.
animation that she did not know John May. When
the witness first saw the flames they extended
TO the roof, and they issued from the lower
and upper windows; there was no flames
coming out of the door when Geyer went
ant but houae burning when she
perceived shepherds. saw him five days before the
fire. and did not him save any OF his property on
the night Of the fire; did not know whether Shep.
herd and his wife quarrelled or not
To the Court-The first time | saw Shepherd that
night was when he was crossing the fence.
Peter Boger, recalled by counsel for the prisoner
sand that when he woke Mr.. Trimer up he did not
notice whether he was excited or not.
To the Court saw shepherd coming out OF the
front door. and swear positively that the flames
issued from the upper part, and that there was no
In reply TO the District Attorney, Mr.. Bogcrt nc
pcated his evidence relative to the quality Of the
material Of which Shepherds house was made, which
he affirmed was full Of nails and seemed to be Of
very poor quality; the windows were the best part
d the building and were worth seventyhye cents
EACH the doors were not worth more than seventy
Ave cents each; Shepherd had erected his house in
the same length OF time that II took Mr.. Bogart to
construct fence lot adjoining, which was four
days the front Of the house was made OF old mate
rial Of different colors.
To the Court-The house would not have been
worth the taking down only for frewood.
Margaret Shield was the next witness, who said
that she resided on the north side Of Tuirtysecond
street; remembered the night of the fire.. saw
Shepherd at the station house; he was burn
cd, and seemed to be much excited ana
troubled; he said he thought his wife
was burned but was not certain; witness brought
Shepherd from the station house at O'Clock In the
morning TO her own residence; she dressed nj.
wounds, and he took cup Of tea; saw Mrs shepherd
about five times before the fire; Mr.. Shepherd wore
pantaloons shirt and socks.
Cross examined Shepherd said that his wife was
burned In the ruins, and that the Dutch had burned
his wife, he said all his property bank books, policy
of insurance and gold watch were destroyed; Wit
ness replied that the loss Of his wife was worse than
all, and he should think Of that first.
Vincent Horgesky deposed that he resided W Har'
Jem and knew Shepherd for the last two years; wiz
NEG " a roft bo no lat time Il