The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-01-15
1iiai of Thomas Dcning Tor Arso g. 4 nc
Judges Charge.
COURT OF aKNKRAL SESSION..

Juu8b's OnaxSes
COURT OF axNERAL SESSION.
Before Judge A. d. Russe
JAN 1.-the court met this morning at ten o'clock,
v hen she summing up Of the trial o. Thomas Denirs,
who is charged with arson in the nrs. degree WAS
menced,
The District Attorney stated that he would withdraw
the second count in hs Indictment -hch alleged that
maloiously set fire to his own dwelling house.
Mr. Brady addressed the jury for the accused to whol
Mr. Ball. the District Attorney, replied.
The jury took ,i few minstes aud then Judg
Russell proceeded to deliver his charge. He said tina
the prisoner at the bar was charged with great crme
erson in the irst degree-wnion WAS punishable oy
death From the magnitude OF the offence Il becAms
necessary for tho jury to give the closest scrutiny
10 all he circumiiaI connected with It, and II pos
sble divine the motives ths, lsgatsd the perper
OF this crime The iDdci ment contained three counts
The rs ason In the rs degree the second tho
burn ng CT his dwelling. ano the third the firing oil
the store with the intent 10 oeraud the 8ogery Fire In
surApce Company. Arson generally could only be
tanned by circumstsntal evidence and 10 warrant con-
vicon the enre cbain OF circumstances must be per
feet 10 convict under the hfs. count the prosecution
nun! chow that the 6GoinE fred In the night time
and hat ~as an Inhabited dwelling 1T tho time Of the
commi.son Of the offence; that there No human
being living In the house. As TO the hrst proposition
was shown the manor Ia winch tho building cred
There some dsnberaton, true tub with
busibs appsrstus saturated with camphene placed
down IN the cellar, with auger hole Dored aud ehav.
iris put IL com muncse to the etore shaviass and
nxed all around the stairs under the
and In the bins Was there any evidence aat tnese
mser wero set hre 10 The n!ght time The only ,est
mony on that point was tnat Of Hggias Ho SAID 1t WAS
daylight cnd not In tho night ume and he me only
that was interrogxted the time offence
was committed Another thing the Jury must do vas 10
enquire toe motive apart from the fact ths,ha property
insured What mot induced the prisoner TO DIRE the
budpgS There was certainly no policy prodacoi. They
had The statements OF tne CLERK that OF
some kino effected on soms property; but where
what the nature Of the property did not appear aud
the oniY conneolon the prisoner hsd with t was D. hs
cal nj he hu0a thkI
might be Transferred from one house 10 another. The
legal presumption TNs Away. 10 favor OF Innocence On
jury could not nave nucn aone as the evidence was
very that 1t inhabited dwelling The third
pf Oposiiop and the most important one wasNho did
Ni The evidence that oranch OF the vas that
ihe prisoner kept store aud slept ia room adjoining,
and that h. wiie and himself were IN inst room aad as
question arose. could person have entered those pro
neef bxed the shsvipss and the Apparatus for nrng It,
without dstnrDpg tho prisoner VINO sleeping In the
room? Was the ouilcng closely sua' ded that
could have entered, elner TO toe cellar to the
store, without his kno~ieogeg IL In evidence that
there locks the coors ana that various doors
communicated 10 the entry, ana also that tho windows
low tsa, person could almost step II ON the
yard bearoom II singular fac! that rghe
OF the fire. Tshe swears tnsi he went 70 bed between
ana O'CLOCK and prior 10 that the prisoner and mis- wife
boh went out leaving Tgne standing ~ the door The
prsonsr returned about the vicinity vi ton O'clock and
,htIe nothing moro heard OF him IRON that tins
until the fire b, oke out Was there time for any
got into that building and lay plans to fire NJ Gould
they could nave got into the cellar without disturbing
ttese men. they coDid have effected entrance into
the store without AWAKENING the prsonor.And MS wifc
and nxed those shavings. THESE were the important
points TO connect IN, pri,oner with the guilt OF this
uanesotion, aud enouio be considered carefully. The
jury oonfider, nowitns andng oil ,hese circum
stances vheke Lbey coad Aud not be incousstent
with the hypothesis Of his nnoceace. Tnere WAS anpe
,ime from 10 O'Clock Mt night TIL In the morning Tor
sny TO have effected an entrance into Denng house
No wuress wbs presented 20 .mpeash Tghes evidence
and tie jury must give that ~eignJ which the mpor
Inferred from the oc' generally the conduct OF q
party "a rbown,.hy bis preparation before hand having
.binEs packed up roady Dor transportation,
sisDces allowing Ma ipieni wes that made oo.? That
The qnstio toe jury had to dciermEo. Toc grocer
Baum rst two weeks prior 10 the nre be the
prise put tes chett wogon and drvo OF, bu.
could not tell its con.ents and another oocs,on,
another len chest Gown tae Third avenue Hale basseI
vs produced Corsinng at account book aud afew tri
vial articles which esiienty were not put up designedy
a woman who had been In tho habit Of going 10 tne pr
sonefs house every day picked up small arNces from
time TO time, al put them 10 basket but this cifcum
tllroe as 70 trivial thu, /, sufficient the jury
say ,htre latent To cosviot under ;he tafd
count must be sho sp that the prisoner nred the store
and that done with n,eut 70 dersud the Bjwery
or doing So ke could not be convicted under that
Il tor the oTy cay whether the prosecution hs
msae on, Sufficient cate TO warrant oonyic.oa under
mai count They must prove that the properly In
Au'ed hwM nece, sary taa, the avermsct should be
made that the property y insured, and also that he
hrrg dove TO preJud,e the Brwery Fire Insurance.
Company. 30 far The evidence "a, concerned, his
Honor could Tot ssy tho yro.ecutioo made
hat the property was Insured. Iney had offered very
slight evit that Bovery Fire nsuraucs Company
had sfecieo uturHnco on some property for Mrs.
Brown. How that vas connected with tnc prisoner cid
not appear they were i,it TO mere conjecture 10
inter (wtith The jury tai no right 60 do for they
uuss have rotvo pro0i) tnat Donings property
gA ibuured by tho Honery Fire INSURANCE Cpm.
rsby, that wos fired BY him, and the inteat
must be gathered from the circDm5tan surround
tho 1Ltso quett0os Of feet for tho jury 10
determine aud IL xas their DUTY 10 carefully examine
the tnre evidence, and, II beyond veasonao Die doubt
convist ite accused In AL cssss Of doubtful nature
good character shield, and Ingredient In
the that should not be utregaried Toe prisoner
had shown unquo.onable ctararicr. and Witnesses
who ad known him Tor eighteen years testified that be
msintsIed tood s,nncirg In scclety. fho evidence o.
good character offered vita view generally, OF dc
tuoyrg tie inep aad the Jury should look upon the
Q Chancellor Wslworln In suppsrt OF this vie~ In
conclurior, no repeated " conv3t the prisoner of
10 the rst degree the ury must ssssd that no nod
the houte, that IL dou 10 tht night Time aud tha,
ht msn being IN the house a. the tine II toe Jury
believed bst the oneuce not committed In the night
time they could convict him OF arson In the second dc
sree.
fhe Jury retired 10 deliberate upon their dict at ten
rn uies TO two Alter they out three hours
received the Court stating tnai tbey could
Dot seree. 1be Judge held consultation With tho lbs.
trct Attorney, when wss deemed advisable 10 take
rtoets TN O'Clock and the Jury dd net agree tnen
they would be locked up for the pisht
oclcck there not the slsn'est probability OF
their agreeing, they were under the direction OF the
Court ockeo up for the night and posse of oGcers do
tailed to keep guard.
Court Cslendsr-Iiiss Day.
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