The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-11-18
Conviction OF Nancy Hood OF Arson IN the
Second Degree.
COURT OF uENEItAL sEssIONs
Before Judge Russell.

COURT OF GENERAL SESSIONS.
Before Judge Russell.
Nov l7-Ths morning the trial of Nancy Hood,
charged with arson the first degree, was resumed
After the jury examined the diagram Of the premises
counsel for the defence called Joseph Hood whom he al
legged was the husband Of the accused order that the
prosecution might have opportunity to examine him
that point The City Judge decided that the taken
by the counsel altogether irregular and Illegal and
would not permit The witness to be sworn.
Jane Burtonkcoored swornI reside at No. 169 Church
street know Nancy and Joseph Hood knew them in PM
adelpha my sister lives in Philadelphia now and did
then. Q. We're Mr. Hood and Nancy understood to be
man and wife by all who knew them2 Objected to and
question overruled that form Witness did not see
them married, but understood they wcre in
their house at Philadelphia.
Mr. Edmonds was recalled by tho prosecution, and
stated that he wished TO alter his testimony in par
cular From examination Of the premises he perceived
the yard could be easily the inside OF
the basement than he thought yesterday Mrs Boyle could
have prisoner strike unless she was
the lower steps, and the door must have been u
a certain extent.
Counsel for the defendant preceded to address the
court and Jury upon the law regulating the facts proven
the cas- leaving his associate 10 make the closing address
TO the Jury.
Mr. J. g. Sever followed in an eloquent ingenious and
able argument the testimony adduced by the prose
cution claiming that there was flaw in the indictment;
and after critical analysis Of Mrs Boyes evidence,
gued that II was entirely unreliable
Mr. Sedgwck, the Assistant District Attorney, addressed
the jury in behalf Of the people reviewing the evidence Of
the various witnesses maintaining taat the clearly
sustained the charge the indictment established the
guilt Of the prisoner.
AT half past four O'Clock Judge Russell commenced TO
charge the jury by saying that the prisoner charged
with in the rs degree and the result OF The
was serious in s consequences 20 her required ~ their
hands cool and calm deberaton. II their duty
protect the innocent, and equally Their duty to convict
the guilty. If the evidence warranted II, the Jury could
convict the accused o. either OF the four branches
Of arson, for there was m express provision Of
the statute which said That where person indicted
for the higher offence, he might be convicted OF any OF
the lesser degrees and that principle 10 govern the
jury this To Wet under tho Indictment the pro-
secuon compelled establish two points-nrst, that
the building nhabited dwelling, and having hu-
man being living therein and secondly that the building
actually hred and IN ha night time, by tho defend
ant As 10 the first point there could be no doubt bc.
portion OF the burned freehold produced
The second pot was to be determined by examination
Of the tcstm ~, which his Honor rccaptuated After
quoting the law applicable to the the Judge said
the facts warranted them in taking mercful Of the
they could convict Of arson IN the second degree
the time Of the firing had not been accurately liked by the
various witnesses II the jury had reasonable doubt of
the guilt Of the accused they bound to acqut her
Counsel Tor the defence submitted points Of law which
the Court refused 10 charge and 10 which tho counsel
ceptcd The jury retired deliberate upon verdict ave
O'Clock and after being absent ten minutes returned with
a verdict OF guilty Of arson in the second degree.
The District Attorney said he would for judgment
Saturday Tho s not less than years
and may be for life
The Court adjourned to meet Friday
THE CASE or POLICEMAN CAIRNS.
This morning Of leading merchants appeared in
court and gave the necessary Of bal for the ap
pearapce Of Robert Cairns the officer who prisoner
named Iiclls, who attempted to escape from him. will
be remembered that after consultation with the District
Attorney, the City Judge fixed the OF bail nj
$4,000 Cairns was Immediately liberated, and LETT
the court IN company with bis friends. Subse.
quently, the Afternoon, the Grand Jury came into
court with large number of indictments, among
which the testimony furnished by tho Coro-
ner upon which Cairns committed 10 prison.
Acr careful and deliberate examination of the matter
the Grand Jury TO the CONCLUSION that the cvdcnce
insufficient "a warrant them in finding indictment
any oacncc that ihc accused will be discharged on
the last day Of the present term.
The unwarrantabo and malicious attacks which
almost daily made upon tho City Judge In the editorial
columns " obscure Journal based upon garbcd and
Incorrect reports o the proceedings o this Court
beginning 10 be proporly estimated by citizens FOR
the last attack made upon Judge Russell reference
the of bail nxei la the OF Cairns
which the JOINT action of the District Attorney and
the Court uron intelligent estimate of the facts which
opinion promptly sustained ly tho Grand Jury, who
discharged the case
Charles Mopcrmot arraignei, charged with the
murder Of Carson Iostcr at 80 Henry street, tho 18th
of October, aud pleaded MOI guilty He was rcmandcd
for trial
Chlrlcs IAckcr guilty Of forgery tho fourth degree
Was sent 70 the State prison for two years