The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-10-24

Court OF Oyer and Tsrm1nsr,
Before Hon Judge Gould.
CHARGE OF ARSON IN THE FIRST DEGREE
oc. 23-1he People ps Patrick Hennessey. The pri-
souer forty years Of age, was indicted for
the OF In the rst degree The accused was
grocer doing business al SO Goerck street. having
.oeeded . man named AcKenna, who had insured his
stock and fixtures for 5000 In the National Fire Insurance
Company 62 Wall street In February last the prisoner
called ss the office and desired TO have the policy of psu.
altered 70 his anne, and have the policy
creasedto $780, and 10 have his household furniture In
sured The surveyor Of the company however, exann
ing the premises refused To the insurance on the
stock but allowed $500 on the furniture On Sunday
night rather Monday morning, 2eth March, the pro-
ists disco be fire. unaer circumstances
which induced the Fire AarhA 70 bring Hennessey for
trial.
Mr. Anthou In stating the for the prosecution de-
tailed the materials that discovered In several parts
OF the house. cbarred and others partially burned
Henry Polion, officer Of the Tnirteeath prcciua
ampcd By Mr. Aothon for the prosecution IL know the
PREMISE. occupied ,, Patrick Hsanes.sy no 80 Soerct
nises about O'Clock on Monday morning, 26th
March, smeit something like fat burning; went down
Goerck street, smoke coming out II the door, tried
open it, out could not; tried the back door also;
gave the alarm knock gentleman came 70 my assist
station house TO give the alarm the stairs dis
covered box Of kndng wood, the right hand side
pretty we'll cArred down burnt Though the stairs
discovered bushe basket With lightwood in H. and
matches scattered round that basket had got nre
Of the matches had burned and got out further
there . barrel sarsaparilla box with matches
candles and wood. placed hole where thore
was drsught there was nrkin badly burnt;
behind the counter 10 drawer there were matches
and Ightwood; there were matches and kind
ling wood also in boz under the counter;
up under the counter the Ore In the nrst box
hsd burned up right through the stairs there re
round the front window Of the store.
al nIO
Mr. o'Connor objected TO the testimony on the
ground that there any fraud in the insurance that
tor the Insurance Company.
The Court ruled testimony proper show motive.
Witness continuedSa~ some old hsrrDgs there; there
ers there up stairs found old bureau but 18th
ng IL the drawers there half dozen chairs,
marble .op table feT p ,ures on me SAILS two bed
key in the lock; lhnk had been the post
about hour and half two hoars before the tire and
Lad passed the ooor two or three times the ire had
ouIDed pretty up 70 the roof OF the door.
Cross examined by Mr. B. o. Jonnor, bat nothing ma
terisly different was elected
Caroline Brown, sworn-tived nj IS Gscrck street at
che lime OF the ire; husband self aud two child
sept In the house that Dixbt the pris,ner By
sight ne kept grocery store the store mosty kept
open on q sunday; this sunday don't remember seeing
the store Open my the ,ond floor, front
5cswesn Ave and six O'Clock no went in the alley way
thnk he wa crtssed In Ozark clothes and black nat on;
DO was In about five ten minutes then came out in
abrt sleeves and glazed he went towards De-
iaBcey street: returned ~ about i've minutes with
pitcher OF beer last time him it half past
Anpie Dxvis-Lives In the same house with previous
xitness prisoner coming towards hts stnre that
Sunday afternoon, between four sx oc,0ck he was
dr-ssec dark clothes and black hat knew prisoner
and family lived In tbe place did not kno that they had
eis al the time Of the ire; supposed they were
cbere; the store ususlly open Sunday,
but tks day I did not see the store open
Anthony Griffin deposed that he attended the prisoners
had sy that belonged to the lock Of the door leading
70 the alley.
sey had asked him for the key witness In the habit
OF wearing giazed cap about that time.
Dasd Delaney lived 10 tue building, 30 Goerck
street. II detached from tho premises occupied by Hen
ae.scy store opened uruaiy on Sundays;
don't know whether u opened the Sunday OF the
Ore: il wAs about O'Clock cav the hrs bursting out
OF the back door: thought Mr. Hennesseys folks
IN the house. and brUks open the door the alley
try snd save them; ! was told that there nobody
10 into The building
John Craig deposed that he Ia Surveyor OF the Ma.
topai Fire Insurance Com oany went TO aennessey
about the transfer OF the policy from Mcienna; the
amount OF kcKennas pcisy $500 stock and 500
on n1'ures M Henri essey called 10 the Office 10 have
the policy transferred TO him. he had bought him up;
went up; be wanted Insurance; refused 70 give
4 To him. asreed TO trAnsfer the policy 70 him il
stood, and 500 the nture be Aad the very
wen furnished and have doubt there much
he insured for; when reused increase the policy
the STOCK he said ne going to get stock said
the increase Of the policy would be time enough.
Alfred +. BaAer, Fro Marshal, dcpoeed-l was called
on 20 the ses 80 Goerck street nv toe alarm
Sound two police there: the back door had been
knocked the oody Of the nee seemed 10 be at the
back door No IS there containing coal aud
ssnes The extended up and burned the
crboarcs OF the adjoining house, 10 the right under the
liquor counter found box with wosd and mAcnes DO
hind the counter here another burning right by the
shelves ~ the back; there nrkin OF butter much
exposed 20 the heat and the nrkn OF which harmed
up The outside o. the counter there nnc split
wood and nstchee the Fire Marshal descri 'et several
other paccs where evicerces OF pr.medtated Ore
evidrEt could not AIRY communication between tho
urra she back 7 q oil
red wood (Lock aui key produced Tn. key was
given me by the sitness, Critic; the IRE may have
suioulterrd IN hour before u broke out another sey
~ oieoed) got this ifo oser Poon, Shch he aid he
found the second ioor uoder tue carpet; kno~ Td
dave mace sarch for hun for MS trial aod csnnot
Dad him; | was tnld be was gone 10 Troy.
kAnother Key prcoueo haa Conversation Win Yer
Dey aboe that key 10 aepnss.eys presence (oojesei
% aud objection sustsned) Hcnuessey ststcr at the
examination that be gave 10 bus nephew (firrney) 10
Upen The store on Aoncay morn ing.
Cross ed-Ay business Il 20 attend fires and In
cure INTO the causes " the origin OF the n-e-; am
r>ilet rire xun,Gi and am paid be floi created
by ,h- different ORE iasrrano~ companies / went 20
O. ihn houfe toe hit OF The Ore, oecause had beard
be had been clerk III the eroosry siore do hot know
" DO caused the arrest; have stated that
from the suspicious ,ncss he susht TO be arrested
The Dwtrct attorney proauc-d the bsrei and too
crrwood, payer and candies of tho candies
pearcd bave D. spsd ADD 70 have gone out before
brrnlng than TO tae end q tbs wick
Fer the defence Deals Mcnell was called and depeed
that prir"nefis gor be diref xtn witness
N. 25,h - March. ant rho~cd him photographic
cespstn indicating that he must he Albany toe follow
kDs morning kuc hin he small boy:
.aIlined HAT abe dtfpsich xss genuine.
Michael Gamer depo's1 that he the defendant In
Waterford. N Y. on Monday evening, March 2s. pri-
there prisoners child died there
sooosy at OF Group; ptscnrrs character e good
Chas Ackenns DEVISED that hr snld nut the store In
&c ck street ~ the defendant $500; had reduced the
~iccs and the tnsursLce
fFws exariDed-couid 20 10 the value Of the
olork when be told ~ out
o,hrr wi'psssss we're expected from Albany. and for
cher testimony prove Ahn the Aclonrnci
60 Wearercay (ths) m"fning, at Ten O'Clock
Ttl1 Tessisnonn~i so Captain Wilson.
Continued subscriptions 70 the testimonial y Captain
roha whssn Of The brig MINIS Schiller furnished b.