The New York herald., 1867-02-28


Mr. Martindaie, Attorney General for the State and
Mr. r C. Hutchings, Assistant District Attorney ap-
peared for the prosecution and the prisoners counsel
Mr.. James 7. Brady and ex-Judgs A. A Thompson.
The interest in the trial to increase and the
court room was much moro crowded than the pre-
cedmg day. Among the spectators was The Hon John
Francis hsgare for the city Of Cork, Ireland, who
10 on visit 70 this city.
EvIDEyCE FOR PROSECUTION
george +. Sheehan was further cross-examined by Mr.
Brady as 70 the value Of the fixtures &c, in Kane's
liquor store Witness voted at the last ele;ton he be-
heved he was naturalized under his uncle.
Reexamined by Mr.. Martindale-An aunt OF mine
came to see at the Tombs; Isent her to call Fire
Marshal Baker to come ana SEQ me; Mr. Baker came
next morning; he held out no nducement to me;
told him that wanted to make an honest statement Of
all that occurred a the fire. he took down statement
IN writing; that all the agreement; before the IRE
Kane figured up his accounts and said business was bad
that he was doing business at loss have been on the
roof; It Is fiat roof, with accommodation for drying
clohes the roof was level along the avenue; have
seen Kane ON the roof before the lire.
BY Mr.. Brsdy-Kane got $14 month from Puninger,
$40 from Zc, $l2 from sandford and $40 from Webb.
Policeman Kieep deposed that the store ON the night
OF the fire closed about twenty minutes eleven
O'Clock; tho usual hour for closing 1t about
O'Clock in the morning.
To Mr. Brady-I used to generally look into the store
the fire after eleven O'Clock by looking at the clock the
night before the fire II closed at about half past one
saw the bartender putting the shuttes the second
night before the fire the store closed the
hour; the place is stllest at about hapast o'clock
Q. Is it not your experience that men select late
hour and not early hour commit crimesY
Mr. Martindale objected
Mr. Brady-Why do you objccts lie not the witness
an expert9
The objection was allowed.
Police officer Loram deposed that be saw two children
on the roof Of the burning house the night OF the
Gre; he also saw Kane and his wife on the roof Mrs.
Kane s was nearly naked Kane had on white overcoas
he much under the influence of drink that wit
told him he would take him to the station house
To Mr.. Brady-I saw two men who think,
dressed in soldiers clothes going INTO the store about
r.past twelve o'clock.
To Juror-I presume they were customers
Captain Wilson, OF the Twenty first precinct, deposed
that shortly after the fire Kane met him and said that
the place set fire. and TO look out for the BARBER
that he did IT. Kane gave him the Of the parties
that lived in the house; Kane dressed the parties
who were burned not dressed; Kane said he had
had difficulty with the barber; after the IRE witness
went down TO the cellar, where there we're woodsheds
sna zen Two 9, sne~ % ne
covered from the hoops; the woodsheds were burned
moro In the front than rear there OF turpen
tne about four.ffths full; il bad not BURST the cork
out of the cam there not much burned in the
earroom there was kerosene oil can behind tho street
smecd strongly Of kerosene.
To juror-when Kane said to mo to look out for
the barber he did not say what interest the barber
would have In burning the place.
To Mr. Brady--There some white lead in the
cellar; | have seen Sheehan; do not know who filed
up the papers when Sheehan applied for a license.
Peter Longworth deposed that he took some materials
oils paints, paper brushes white lead glue can of
turpentine caicemne, ladders pianks, working pots
&c the day before the fire to Kane's premises; the
contained about three gallonsono OF OIL and Of
turpentne after the re he discovered that about half
q gallon OF the oil was missing
10 Mr.. Bady-Gct the order from Mr.. Kane on the
Of December TO paint and the place, and
him about placing the materials in the barroon. but
witness said that place for thcn and witpcss
then put them in the cellar with the exception OF the
ladder. - s7.s
70 ajuror-The can Of turpentne had cork in il, and
The rim was melted OF by tho fire. ,fs,
: policy Of insurance for $1,000 had been effected
the building tho I'd OF April 1885, 10 secure mort
Mr. Kane 70 the ID Of April 1887 in addition 70 the pol
ICY Of 600 insurance put in evidence yesterday fhat
made the whole amount insured the building $4,000
Catharine Duchesne, exAmined-I live with my hus-
and sheeban about the middle Of last jane put So 200
for the money no gave mo back Si 7oo he ssia his
wife was the person who took $500 out Of tho PACKAGE
ss s sssp @ he s s
took his oath on book that " ! would no;
expose him among his tenants and neghbors he would
wond let me have the money as soon a. possible; told
him that could not go home TO my husband without
the money; Kane said his wife had purchased clothes
then; he said he would try and sell his house and If be
could not sell It he would insure It for large amount
and burn = Misrepresentation IN COURT; begged bm not
The witness examined by Mr Brady, but
her direct evidence was not shaken she stated that on
occasion she had lent Kane $780, he threatened TO
XII her but she now had no feeling against him but one
OF kind, Christian regard
had asked him If he mad hoard Of his difficulty with the
barber witness said no. Kane said he bad offered
$500 10 get him out Of the Easements the barber
refused and prisoner said he would get him out il 1t
cost him 81 600.
Denis S sullivan, private Of the Metropolitan Fire
Department, swore that he had bad conversation with
Kane the day after the re asked him how the fire
gnated; Kane said he would not tell for best
known to himself and that he would keep It to himself
James NJ WeDb. who OccuUied
house with his wife, five children and sister-in-aw de-
posed that after twelve O'Clock on the night Of the fire
be called mp by Mr. Kane, who said that the house
was burning: witness jumped mp and saw the flames
ascending the STAIRS he took his children to the roof
he had taken to the roof stlI remained in the room,
and perished; when he came down from tho
him the barber has axed US At last: the prisoner
told him that he expected 20 have better place down
town, that business bad where he was; he met Mr.
Kane at Harrson's barro0m since this charge Kane
asked him how much his furniture worth; he sad
ABOUT 60o he also asked what rent he paid witness
said $50 month; Kane said he would make that all
right and give him $3.50 he and all the other
would sign card in the papers exoneraing him from
all blame.
To Mr Brady--I have sued Kane in the courts for
81 900 for loss OF furnitnre
Bernard Hodges, proprietor of the HOUSE. deposed
having sold the premises TO prisoner for 000
Of which was cash. the remainder he gave . mortgage
for.
counsel for defence proceeded review and 10 tho
OF his remarks said that the prosecution although
brought on IN tue name OF the people, was in reality,
instituted by their servant Fire Marshal Baker, who
present at the elbow OF the counsel for the prose-
cution prompting them continually, and doubt
well pad for his trouble, and would indeed be prona
BILE Tor persons to invest in ire companies when their
stock protected and defended In such extraordinary
the present prosecution tends 10 point ont
EVIDENCE yoR DErEScE.
Thos A. Hurley, sworn, deposed 10 being agent for
brewery where the prisoner in the habit OF dealing
the evening OF the Gro playing billiards With him
from seven 10 eleven. and kane perfectly sober
he always was and on leaving loft him aud sheehan to-
gethcr behind me at his house by prosecution)-
Have known him since be commenced business with us.
John Gillen. odcerSaw the prisoner the night OF
the Gre he seemed TO have been drinking, hut
drunk
John g. NcGregor testified the fact OF the prisoner
having dealt with him FOR clothes. for which he paid
Si07.
Thomas Graham-Nevcr heard anything bad OF the
prisoner; his general reputation good he bar
keeper al Harrons for about three years and when he
went there first did not know of his having any pro-
perty.
Patrick Nolan. hakorwss AT work the corner Of
Thiryifs street ne gh OF the nre, my attention
f1..r