The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-10-01


TRIAL OF ETHRIDGE N. FISH FOR ARSON, BEFORE
| JUDGE OGDEN, AT PATERSON, y. J.-rEsrIMoSy or
ROBERT g. HART, JOHN DUNN, A. y. FrLLIs AND
JOHN g. HARRISON.
The trial Of Ethridgc Fish, charged with setting fire
to his dwelling and barn, at West Milford a. j., on tho
night of the 9th Of April last commenced yesterday
in the Court Of Oyer and Termner, Paterson, Passac
county ~ j. before Judge H. b. Dayton Ogden OF the S.
prcmc Court presiding and Associate Judges Sanford,
Cleveland and Coddngton Of the Common Pleas There
very large attendance present the COURT through
the day considerable interest being manifested in the
proceedings The Is which should the accused
be found guilty, will be Of great importance to
building, IL is alleged, was done solely to
| recover amount Of insurance. The facts are
olows-On the night OF the 9th of April last about
ten O'Clock Fishs barn discovered on fire strong
north northwest wind blowing AZ the time the fire com
also destroyed ON the 4th Of February, about two
months previous, Fish obtained policy OF insurance
the building and household furniture for 81 800, in the
Aston Insurance Company, in this city. AT the time the
policy Of insurance granted he alleged that h, hal
been insured the Mutual Insurance Company, Of New
Jersey but which is alleged to be false The property
Fish purchased Of named Dunn for So 900, and
to pay $500 in cash, in three instruments; also TO
cept Il mortgage OF 81 500, which held by one
Young at the time the property, and the pay
ment of the third nsalment he Fish, TO receive
tho deed and give mortgage for the balance of 81 600
Fish, is alleged failed to meet the third payment aud
became nsoyent the Interest on the 81 500 finally be
due and Young notice that he shoud forecose
shortly after this notice being given TO Fish, be finding he
could not procure the deed from Dunn unless he paid the
last stmcnt II is alleged he procured insurance the
property IN the Astor Insurance Company for $40 AMI
the night in question fired the buildings 10 procure said
company; Dunn and Young both being unaware of the
insurance recovered by Fish, and the Insurance company
on an affidavit sworn to by Fish, were induced to pay
over the above amount; soon after Fish obtained the
81 OPS il became known, but for long time he kept
out of the way; however, hc was finally arrested
on warrant issued by Justice Kelly, OF this city but
upon examination discharged the most important
witness being unable to be present The matter nsl
IL placed In the hands of Fire Marshal Alfred Blker who
Immediately the case in hand, and not long in
obtaining the full Transactions which Fish is alleged 10
have accomplished and procuring rcquistion from Co
King Fish was, after two months search, arrest
cd Brooklyn and taken to Paterson where he lock
ell up for nine days IN the county n bN finally gave bail
the Of 81 900 The Grand Jury having indicted him
for the alleged offence he was accordingly placed on trial
yesterday.
Is appeared behalf OF the prosecution and ID Barka
low OF Paterson and o Robinson, OF New York for the
prisoner
Some time was spen, in procuring jury which was not
accomplished until O'Clock. District Attorney Wood
ru after the jury bad been sworn, opened the case,
giving brief description OF the facts and reviewing tn
points upon which the prosecution proposed TO prove tn
accused guilty Of the offence
Robert G. Hart then called, and testified a. fol
lows IL reside the city Of New York Secretary OF
the Astor Insurance Company know Ethrdgc H. Fish;
identity the policy Of insurance here produced from
our company; remember the application made by Mr.
Fish FOR policy OF insurance. think y was on the 4,h o.
February e poSs ,,a, ans e Wa ,a grantee nsa
of January, about ten days previous to granting him
policy at the time he made application he was unable I,
specify all his goods aud chaitels IN writing; thereupon
furnished him with blank, which he returned after
wards hed out in lead pencil mark; heard him say that
he insured la the Mutual Insurance Company Of
New Jersey, but he did not Ike the company he pre-
fcrrcd obtaining insurance IN the Astor Insurance Com
pany saw him sign the policy OF insurance when made
out II was issued solely on his application
O. When did you first hear 81 the burning OF the
buildinpss A. In April; Mr. Ncrthrop attorney for
the Ere: first Fish about the 18th Of April
Il Al the insurance Office a, the time be was
in conversation with the President OF the Company VIM
T. Pinckney did no, hear what said between them
out in the from, office at the time, the company paid
him 81 025 the lrst knew that a settlement had been
made was by the check being brought to sign
derstood the President ir. Pnckncy) had arranged
all Mr. fsh gave receipt m fu' Tor al claims oanno.
made by agreement between Mr. fsh and Mr. Pinrk
ncy Fish being DESTROYS 10 obtain the money as soon ~
possible rt heard OF tho buildings supposed 10 have
been fred three days after the payment of the 81 02s
Mr.. Reilly was the person who gave me such inorma
Croer cxaminci-ThInk Mr.. Reilly called on abcu,
the 10th Of April positive was before The 18th OF The
mouth.
John Dunn being sworn testified a. follows know the
premises formerly occupied by Fhridgc NJ Fish; hc
dwelling one story aud half " height, with base
me entered into arrangements wth said Fish a " The
OF the property in question: the amount 10 be pad IN
cash hundred dollars second instrument Of 500
and third ins,amcnt Of $500 the balance ~ 500 70 re
main under mortgage. the two rsi payments made
according " agrccent never gave deed t. fsh ten
dcrcd him the decd On one OCCASION but a. refused take
| Il: there was q difference between NJ the time
positive Fish never paid any interest on the MORTGAGE
think fsh bad personal hcus bold property 70 the
II $3.50 $500. have been in fshs house IRE
qucp,ly; the only furniture Of any value in my opinion
he had half dozen chairs and table; saw carpet
the foor, bit could NOT say WIN, worth. have
seen shells about The house first told fkhs son 10 regard
Young intention - foseclosc the mortgage, IN ornci
Fish q the Tact afterwards sas net present o. lne htc
did no, hear Of until the follow ing noon Fish never IN
formed me that he Insured heard him asked on
| the sccond day n hc VS. insured and he replied
that he TO the amount 81 ~ 200 did not hear the
&C the company. heard fsh say tha, he supposed
tho building sci are on the premises anrr
the fire; noticed straw around The barn and dwelling
| il there previous 70 the ire
Crcss cxamncd--Mr Fish hrs; took possession Of Tie
farm under the contract III November 1853: resided
the house question previous 70 Mr. FEh. the property
formerly Mr. Youugs pail any interest on the
mortgages have paid between i've AMI ~ hundred dol
lars the mortgage since the IRE. there was some d
Guilty the number Of acres the difference was two
three in h favor. could moi say that was The
cause Of the difficulty.
a. n Fulls being sworn says-r am a constable; held
against the property Of Ethrldec Fish seixct
quantity Of said goods after tn Gre they we're Ia two
boxes in the stable Of Squire Wallace portion q which
was burnt ! WINS present At the ire.
John G.. Harrison being sworn stated that he resides n
Hone Hi present at Chambcfns Hotel On the ght
~ the re about half past eight O'Clock when lett
Mr. Chamhcrhns; Mr. Fsh and Squire Wallace lcft about
fifteen minutes before did, after leaving Chsmbcrlin
went over TO John r Browns and got my horse an !
wagon The wind blowing very hard from IN
| northwest the night was very cold and dark
ON nv way home went NJ the tacnpke did not pas
Cole or Reilly the road was driving very slow. az
1 was dark; reaching home put NJ my horse and
went into the house. about nfleen minutes afterwards
beard noise outside and going 70 the door met NJ
Cole he stated that Mr. fishs house was All on IRE We
Immediately started for the ire and reached there IN
about half an hour. Mr.. Fish, Mr. Reilly and Nc. wads
worth there when arrived did not see any oher
at that tmc the roof Of the barn had fallen in; th
dwelling WIS also In flames: could no, say IL the Gre wa
NJ that time confined to the upper part Of tho building
some one suggested TO ,.rn over the chicken house. na
when about 10 do Mr.. Fish came up aud SAID let
| that burn with the rest"
II being past six O'Clock the Court then adjourned to
i halfpast nine O'Clock this morning.
II