The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-09-20
Conviction or FrancN Dadleu ~ ArsOu IN
the Third Degree.
COURT or GENER Al SESSIONS

OonVbcttOn OF Fr0Oc0 DVOheu IN ArsO" :.
the Third Degree.
COURT OF GENER Al SESSIONS
Before Judge Russell.
Skrr 1SThe trial Of Francis DdieV charged wTsb "a
In the first degree, was resumed this Lasning Hs-s
Aaire examined by counsel for the deenasnt tcstif~
follows II reside at Il6 Leonard street, have known m
prisoner for the last two years. he house
the Sunday OF The fire. no at four O'Clock and re-
manned until he called by alarm Of fire. which
was eight or half past eight, he took supper at our house
number OF young boys gave the alarm or nre but DO
not remember whether my brother was among them or
not; live with my father cannot tell whether Didcu
was u company with my brother not; did follow
him Ndicu went away after be received the alarm
Of IRE, but don't know who accompanied him
ossexamined-I think that after his tea Ddieu went
down . few moments and came back remember that;
he bad no hat on; was about seven q quarter past
seven; WAS reading when Ddieu out, but can't
Ndieu said when the boys told him Of the fire. The ex
animation Of this witness the OF considerable
Edward le Marie testified that he lived At No lie Leon
ard street and the brother Of the wness res
bered the day Of the fro and was with Dideu in the alter
noon he 10 thcir house between three and four
O'Clock and remained until the alarm q fire; when M
heard Of the Are he looked frightened thinks no left his
overcast behind but Is not sure; tho prisoner the
habit Of taking the witness house witness was no,
In company wt. Dideu before he Came 70 his house:
dou was playing domnocs when no told Of tho are
Cross cxamincd-l saw Didcu down stairs after SUPPER
he had not his hat on at that Time which after SIX
did not swear when being examined before the police Jas
bis hat On; when heard OF The FIRE WAS on The front
stoop and ran 70 Il and returned 70 Ddicu and told him
thai Madam ndwells fire. he took up his hat
and think his coat leaving his watch behind
q VOL, you may have been mistaken about this hat
bus;ncsss A. on, MOI saw Ddicu below stairs haif
three quarters " hour before the Ere positive
y twice before the magistrate that he had hat on but
was mistaken the examination was read TO be-
Achson Bayard examined, through Mr. Louis Jonasso-
on said;-i live at 200 Prince street resided at $50
the prisoner for the last three years; him the
Of March, about half past O'Clock my house 70
NAMED about one hour; did not see him after he LETT m
house; the prisoner IS quiet, industrious man; never
heard ythng against his moral character.
All the evidence for the defence having been given the
District Attorney recalled Mr.. Baker, the Fire Marshal
Arc the boxes produced in court the boxes found
In Ddieus ROOM Counsel for the prisoner objected the
question: which was allowed, and an exception taken.
A. Yes, sir (he jury examined the boxes and returned
70 their scas) took down the dispositions OF all wit
when they examined before Justice Connolly;
took down Edward lie Mares testimony; remember dis
tncy that he Didcu had his hat on tesm my
was read over TO Ill the witnesses before they signed H.
Mr. Sanford then proceeded to address the jury be-
half Of the prisoner, when he INTERRUPTED by Mr.
Sedgwick, who stated that the evidence did not
conviction for arson IN the first degree part Of the
freehold having been burned, and hence the gentleman
might conpe himself to another branch OF the argument
Counsel for the defendant argued that he charged
in the indcen, with deaudng any insurance company
and therefore the jury could not convict him OF that
offence although he might have been indicted for
the third degree He Qhe counsc claimed thst satsfac
ant having perpetrated the act for he visiting II!
the day. lie admitted that the fire not accidental,
but somebody other than the accused committed act
The Assistant District Attorney followed summing up
the facts in succnct manner maintaining that the law
permitted the jury 10 convict OF any degree of arson
named in the statute After dwelling eoquently upon the
Nervousness Of the crime OF arson he said that the evil
dence warranted him in saying that the prisoner
preparations for burning before he went ~ visit Mr.
Byad ia tho afternoon for Mr. Jefrcs proved that about
O'Clock he n in tho prisoner moving
about in his shirt sleeves who was that man ~ asked
a ipu limit et hp tbar.
about that hour II II were stranger, would he
about deliberately in his shirt sleeves and thus disregard
the liability ~ be defccteds The simple fact that the
camphcne bottle which found In his closet sufi
Gent 10 ssten the guilt upon the prisoner for
instructive act OF person In the habit Of using the closet
Eleven months ago the defendant endeavored dispose
Of his stock OF boots and shoes TO Mr. Ferris Nassau
street. ~ low figure while he was insured for $500 All
the circumstances OF the firing showed that Ddeu and
other person. bad motive for pcrpctrating the crmo
with which he charged. In conclusion, Mr.. Sedg.
wick insisted that the attempt Of the defence to prove
abb was failure
Judge Sussei, in lucid manner charged the Jury, oh.
serving that the defendant Francis Ddcu, charged
with the crime Of arson, which offence easy
pcrpctrate but dhc alt to be proven because IL
generally planned IN secret and executed with adrones
when no human eye Could the party committing the
act; consequently ell III The prosecution do
pended on train OF circumstances whh sometimes plain
iy revealed the guilt Of the party bat ncss the crcum
stances plainly established the gun. THO accused
was entitled 10 verdict Of Initial Tic defendant wa
firing OF an inhabited dwelling hoase IA the night timc
having sorne human being therein. r the evidence
rantcd Il, the jury could degree ~ "a
crime Of arson Tho prosecution having abardonct th
first branch Of arson in the first degree they pre Tor
conviction for an attempt 10 commit that oencs, clG
for conviction FOR IN the third degree,
The burning Of goods and property with the intent
fraud insurance company. Tho City Judge thea n.
viewed all the evidence addsccd both sdcs, n1i In
CONCLUSION observed that II after calm ead de De-..l
examination Of the testimony they had Reasonable Gos.
81 Tho guilt Of the accused they were bound 10 give hin
tho s,.ncft Of Il.
The Jury retired TO their ROOM and after being absent
eve minutes returned With verdict Of guilty OF arsQn IN
the third degree.
Tue District Attorney gave notice that he would Eiovc
for jud yrrcnt next Saturday.
John Cassidy Who pleaded guilty on Monday forgery
In the fourth degree scus 70 tho pcntvLGsry for one
year.
Patrick Qurk convicted Of petit larceny, was cent 70
the same institution for three months.
Nary Ann Kemp who pleaded guilty 10 receiving stolen
goods furnished number OF afdavits establishing good
character which warranted the Judge in supcndng Judg
mcnt