The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-10-04
Before Judge Ogden and Associate Judges sandiord God
dington and Cleveland.


THIRD DAY.
Before Judge Ogden Judges Sandiord Cod
dington and Cleveland
PATERSON, N. j., Oct 2, 1885,
The Court opened the usual hour As this case pro-
crosses the inhabitants seem manifest considerable
interest in the result.
Abram T. Pulls sworn-was constable in April last;
had search warrant search Squire Wallaces barn;
found there two good sized packing boxes; made
venory his book Of the contens found there lot of
books between thirty and forty also lot of shells pro-
baby about six quarts beds and other articles
inventory book was put in evidence
James Reilly swords a resident Of West Milford: had
been a meeting on the night of the fire. returning
home had pass by Fshs house. before reaching the
house from the top Of the hill sparks like brush wood
burning; when just passing the house smoke issuing
from Fish's barn. ran To the kitchen Of Fshs house,
opened the door, and exclaimed iMr Fish, your barns
the centre of the floor with his wife, daughter and small
near by him. the wife and daughter had long clothes
on and the boy in his shirt Mr. Fish did not so to see
his barn actually fire, but requested witness TO
hold bag while he Qish) put his papers in it, he
thought more Of his valuable papers than anything
else. Witness went with him from the kitchen 10
take ont violin box witness did also assisted to take
out other articles and placed them by the wood pile
witness went 10 the north part OF the house and found
buckwheat straw fire. which laid by the house; the
weather boards had just taken fire. witness called TO Mr.
Fish To bring water he thought they could
the house, Fish did not bring any water replying could
not be saved Witness detail other circumstances
which might be inferred indifferent the
of the defendant TO his willingness TO endeavor TO
either house the property in it, day two after the
fire Mr.. Fish called. at witness house, there in con
versaton he stated witness that he prepared lantern
Tor Squire Wallace 10 50 home with that night
and with the Squire the brow OF the hill and
took some matches with him in the light should
60 out.
Counsel for the defendant examined this witness
AT length but nothing elected that impeached
the direct testimony.
Timothy G. Clark sworn.-Am policeman of New York
city with constable Pulls when the boxes We're opened
in Squire Waliaces barn. inventory shown Is list Of the
things; there between thirty and forty books and
about peck of shells witness arrested Mr. Fish in New
York the 29th of last April, a warrant issued by
Justice the Peace in New Jersey conveyed him the
station house, found his person the two letters now
shown.
Mr.. Woodruff, prosecuting attorney offered the letters
Counsel for the defendant objected as they
shown to the letters of Mr. Fish Fire Marshal Baker
Of New York then sworn TO prove that the defendant
admitted the letters written by his to him.
Counsel for defence withdrew his objection and the letters
read the jury These letters in substance showed
that the left New Jersey for the purpose of
forming his father what measures had been taken. One
letter gave the information that warrants had been
issued against the defendant for the other letter
errcd TO the boxing up of the things in Squire Waaccs
barn but unable get them away fearful of detecton
recommended the father to team at Dover and at
night drive and convey them away.
Peter Post. sworn-Lves at West Milford at Squire
Waces house the Saturday morning after the ire Mr.
ano Sas Fish present, heard Mrs Fish say in con
veSsan that her James said, when he left for the
South, Ma, when the house burns up my books''
Mr. Fish made reply to this, but changed the
ton.
Of circumstances but of not much interest To the general
reader Mr. Woodruff then rested his for the State
The defendants counsel then submitted several points Of
law and quoted authorities in support of his argument,
asking the Court 10 quash the indictment.
Mr.. Woodruff, for the State replied in very able man
ner also producing authorities N support OF his view OF
the
The Court will probably give decision this (sIonday)
morning. al hafpas nine clock to which time the Court
adj