The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-01-13
THE ATTEMPT TO BURN NEW YORK.


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me Case Of hobart Martin-Vursnsr m.
animation ef Witnesses. DO. Ia
mo further hearing Of tn case Of Robert Martin, vh.
@ands accused Of having on the 9th OF November
ma attempted TO burn the city Of New York BY setn,
mo 70 certain buildings resumed yesterday befor,
Commissioner Osborn, in the United States Distric
Court
Mr. Courtney appeared for the prosecutsn The prs
snsr was defended by Mr. Laroque
EVIDENCE OF JACOB @. HAUGHToH.
jacob q. Haughton sworn In reply 70 Restions from
m Courtney he said:--I saw the prisoner at Toronto
oanada, week or ten days after the nre also saw
william l.. Mcdonald brother Of the witness examined
NE other day Jacob Thompson, and mon named She
aud, Williams, Hedey; after Kennedy was arrested
recognized him as one OF tho persons Toronto
= Aw shenaud on the same day saw the prisoner but
LOO not think saw the other persons on that day.
saw shenand and the person named williams in New
York anterior the fire; think saw both these per.
sons at 1ss Fulton street, went 70 Toronto as friend
OF Mr. Mcdonald who implicated In the attempt TO
IRE the city; did not the prisoner in New York
when went to Toronto saw Mr. Mcdonald; also saw
shenaud and Williams. .A
Q Were you referred by those persons b any party
mere, and, If 50, by whom A. rss rr.
Counsel for prisoner objected the prisoner was not
present
Tho Commission allowed the objection
Mr.. Courtney pressed the question, saying there was
coparnership between the parties who had referred
Che witness to Jacob Thompson who at one time held
snnce under Mr.. Buchanan and charged with carry
ing out operations against the Union There was com
mon purpose-a conspiracy these parties and
would be proved that it Thompson VII, gave di.
Foctons to carry out the fendsh purpose Of firing the
sNy of New York. II
Counsel for prisoner submitted that there was no proof
OF conspiracy in the fact that those persons were found
In Canada after the IRE He COUNSEL would be sorry to
be hung conspiYator on evidence OF what was done
IN his absence. was settled rule Of law that the
aot Of conspraors should be done in the progress or
their design and in furthennce OF common object
The parties found In Canada there after the fre
and therefore the rule could not be applied 10
lhem- Counsel read the opinions Of several English
Judges on the law OF conspiracy and coptended that the
evidence was wholly inadmssable II had not boon
proved that the prisoner was conspatcr and II
sweve days afteS the Gre could not be received in evil
Mr. Courtney said what he intended to prove wa. tina.
shenaud had admitted that he had FIRE the hotels
New York, ard his Mr. Courtnoy's) object was 70
now declarations Of the parties in references 70 the
~ ges,ae.
Counsel for the prisoner submitted that the statement
eMr Courtney did not connect Martin with the dscia
radon Of Shenaud
The Commissioner ruled that II Mr. Courtney confined
0eevidence TO the burning OF the city he should
eude but he put In the light OF giving aid and
his opinon
Counsel for prisoner said that this was not charge Of
treason which should be proved by overt acts. What
evidence there here TO show q conspiracy They
there TO try rowing charge of treason Martin
vas not day in New York until he brought here
for the government had instructions to prosecute the
prisoner for treason.
Mr. Courtney said he Intended to prosecute the prs-
euer for the charge stated In the warrant
The Commissioner read the warrant which charged
hon contrary TO the laws OF the United States and at
ssmpng TO set re TO tho city OF New York. He wished
70 know from Mr. Courtney upon which OF the charges
ne i intended 70 proceed
attempted burning Of the city one OF the overt acts of
shs conspiratoc& -.asEt II
answer TO Mr.. tney commenting on the sct Of Con-
gess which deaS with this class OF cases. Mr. Courtney
ssrncd s90 sn oS no
ready 70 decry the government Tor every act passed to
defend treason rebellion or piracy There were
nousanas OF ways 10 which Il could DC shown that AID
vas an ofcer in the rebel army and was found in re
q Yosk as an ne aaS no % . ss
sc could be gwen as one Of the circumstance Of the
senspIrancy
NE Fenian prisoners who bad been acquitted in Dublin
the ground that the acts charged against him had been
before he set GUs on British Ss so and wss
charged against Martin had been committed.
The Commissioner held that there was evidence OF q
conspiracy; but must he shown that the prisoner
Dasty 10 It. He would admit the evidence and II Il
was relevant TO the case.
me examination Of the witness was then proceeded
vhh
Mr.. Courtney-Did you have conversation with
Ehenaud la New York; A. No; had one with him in
Toronto.
q What time was this, A. About ten days after the
nrN
Q State what he said to You at that time about firing
- srs % sss Bsimous Hotel ranmany Hall and
think he saIH French's
q What further did he say to you in regard TO the
nfingf A. In firing tho Belmont he said he left the
pAosphorus in the he occupied and In coming
Ms room he discovered the fanlght the adjoining
room open aud he threw bottle OF phosphorus In that
room; and In firing either Tammany Frenchs he got
One on his clothes which took re on hts wsy out OF
- hotel that Ia the substance Of what he said; we
10e al alone ct the time he told me this; met him
n 20 70 the rear Of building where this
epsson occurred; saw Jacob Thompson little later
a. How did you come 10 zee himS A. W. L.
UsD0nald cent me 10 see him; think nobody