The New York herald., 1863-09-12
Trtai for Arson.
o0uRr or GENERAL slsssIoss.

/ Trtof Tor arson.
oOpRr or GENERAL slssIOss.
Before Hee. John h Bccunn Csty Judge.
s~r 1I.-At the opening of ths Court q CeoerA ses
this DcrsBg before City J,1ge MoCunp several
mossnns made savo prsonecs teie se1 bail
whose oases had besa ordered the Court Of Oyer and
rermine~
Mr. Stuart Asslstant Ds~,ot Attorney stated that tAs
question right d the Court grant such
motion. The had 70 the Court Al Oyer
and rermn@ BY authority Of tho Dtstr'ot Attorney,
which being superior oosrt - Oiy Judge bad no oos
trsl over then.
Counsel for the p~isoners oooteodcd thai
dsssnest q the Adictsent dsd NOS furnish suio.ens
egaI evdcsoe tnat tho pesd,ng In another
court and THAI similar notioa lA granted BY the
Recorder. VIA M
The Judge snnsanood that decision would b readered
On Saturday.
Bridget Herern the woman indicted for avos, which
charged her with having set dro 70 Montgomery Hail. in
Prince street. on tho Ath May let. was axaio placed
at the bar and guarded by two hoess 70 prevent any
further bengereat manifestations.
John whean was the first witness sworn, who tes'A Aed
that he resided at the houses question, whore he oar
ried the liquor business with his partner Phillip O.
Martin; the night OF the l4th Of May the house w@
osed between twelve and O'Clock al which hour MS
servant. Eliza Kelly told him there was some ono 70 the
basement the basement door fastened afterwards
going dD~n at eight O'Clock the next mornng saw
large number o. ARTICLES thrown about tho aoor and saw
whers sare bed besa k,ndied ths acor the w,pdrw
saspos had been burned and wsfe sfs aeaost wooden
Cross sransseSSe 0se ,a sSo t...-ss ~.s abou.
ssx feet from the de0r nothing bad been red except
soe soose kindling wood and the windDw sasncs the
prisoer had been housekeper Tor his pArtner Mr. Mar
t0 and thoy occupied the apartmerts bad known
about ohd which the prisoner haA shs hsnse which
sha said WAS Martps At the time she vas Ar
cd that there civil suit pending between Mar
TIN and the prisoner for seduction and breach Of promise
Miss Eza Kelly was then swcr. and testified tha. sne
in the house tho 18th Of May, and went 70 bsa
absnt two O'Clock that morning.
Cross. s.examned--(1here considerable amusement
caused by tho sparrng betweon this witness and Mr.
Speocer during her crossexamnat,on) She testified TO
tho faot N having heard down into the base
after fhe witness had retired 10 bed thought
the stop heavy one. like mans had seen me
ono one Of the upper windows while her way up
stars did not smell any smoke during the night and mad
not been nts the basement since the evioas aernoon
Fro Marshal Baker then called and testined that
he went TO the promises the following day and made
an OK minatioa. He then described the slate IN which
he found the promises and in to Juror said the
about eighteen inches from the place whore the fire had
/ been kiDdlcd.
Cross oxaminat ion--Iad some conversation with the
prisoner al the time Of her arrest told her she was
charged with having the house In Prince FIRE
and would have 70 go 70 the station house prisoner sp
peared Eighty and took some smoothing irons WITH
which she Expressed strong desire 70 break Martin
| skul. Nr
0ncers Field and Hodge, OF the Fifth precinct testified
tn having arrested he prisoner the morning the 10th
Of May In Trinity place, when she had basket in her
possession which contained some bed quilts Sheets crock
cry and other artices.
Cross anincaronId positively identify the arti-
ces produced in court those taken from the prisoner
Teresa Whclan wife OF the arst witness, testified that
i she identified OF the articles her property.
Nothing important WAS ecited the examioa-
i tiOn. =.
Green then and testified that the pris-
oame to her the morning Of the 18th
OF May and said abe had built fire In Martin house 70
burn IL had basket with her like the produced In
| court. ss
The prisoner this point made rush tho Witness
and tho officers only just In time 70 prevent
COLLISION Tho prisoner then removed from the court
Cross.examined-knew tile day OF the month from hav
ing read IL in the HERALD married " a negro.
During the croks examination Of this witness rathsr
UNUSUAL took place between the prosecuting officer
and for the defence. and resulted In the Court
being entertained with the views OF these gentlemen in
reference ganston One Of the Jurors also joined
In. and told Mr. Spenoor somewhat indignantly that he
| had no right 70 ask the woman such question.
Mr. Spencer thercupon and requested that tho
might be recorded he believed il sufficient
ground to call for q trial.
The case this point adjourned until Wednesday
next IN consequence OF several OF the jurors being
obliged participate the Jewish festival OF New
Year, which takes place Monday and Tuesday next.
Assisant District Attorney c. L. Stuart conducted the
prosecution Mr. Charles Spencer assisted by Mr..
| Fred. b. Van Sieck, the doience.