The New York herald., 1867-03-02


Second Avenue.
Before Judge Ingraham and Jury.
The trial OF John Kane for murder in the nrst Degree
was resumed yesterday morning at ten O'Clock. me
court was crowded throughout the day. Mr. Martin
dale, Attorney General of the State, and Mr.. r O.
Hutchngs Assistant District Attorney appeared for tho
prosecution and MI. J. T. Brady and exJudge A. A
Thompson were for the prisoner
THE DEFEycE
Mr. Brady resumed his address TO the jury on behalf
Of the accused He suggested the idea that the fire
might have been the result Of spontaneous combustion
from the turpentine and oil in the cellar What motive
could Kane have had IN burning the premlsesi lie
the month OF December he would not have been able
very easy to find suitable place In which TO conduct
Mrs Duschene, who had stated that Kane told her he
would insure his premises TO largo amount and burn
manq NJ Did they believe that il ho were re-
solved upon burning his house he would go
about the sy ana e,' , every one ne met Una; IN
loss supposins that he had received from the In
surance company every dollar he had insured He was
unable to discover what suspicion mystery there could
be in shutting mp the store ut eleven O'Clock at night
when plenty OF people were moving about and would
jury would recoect that Fireman Sullivan deposed he
had had conversation with Kane in which the latter
said he knew something about the fire. but for
best known 10 himself Ne would not tell Tho suspicion,
therefore must have crossed his mind that the fire was
caused By other person. He Orr Brady did not
fact Tint fechan when he discovered the fire, dd not
20 up stairs whero Kane was at tho time and inform
him Of IT, The insurance companies, some OF which
were threatening 10 break wero pressing forward this
persecution, because II Kane should be convicted he
would lose hs policy and MS wie woaa sc a wnon,
tho insurance companies TO recover the amount OF the
policy and the decision lay between the oath OF sheehan
and the oath OF Kane to which Of them would they
attach credtY Certainly not to Sheehan Mr Brady
concluded eloquent sreech in defence Of the prs
oner whom he believed the jury would not convict on
Slech1n. Thele suppressed
plauso in court when the learned geneman sat down.
SUMMING FOR THE PEOPLE.
The Attorney General at twelve o'clock, proceeded to
sum up the the part Of the people He appealed
to the jury not TO be led away by any but
those arising from anxious desire to arrive at the
truth. He laid down the proposition that the fire was
not tho result Of accident but Of design that the house
prisoner was only party who had motive in firing
The building and that all tho evidence pointed edsdrecy
learned gentleman the opening part OF his address,
dwe at considerable length this aspect of the case
contending that the testimony established the ac that
Kane was on the premises at the moment Of the fire;
that he had madc arrangements for It, and that the
probability was that the oil or kerosene which
had been missing from tho cans placed in
the cellar by the painter had besn sprink-
led on the materials in tho cellar. This
would for the extraordinary rapdty with which
the flames spread eapng up the staircase and causing
tho unhappy inmates, five OF whom persisted, to ny
through the scts the roof and seek safety there
principal witness for the prosecution had motive to
comt TIE crime cxcept In so lar as ho was under the
influence Of his friend and relative Kane But the jury
could not believe that Sheahan had done such an act II
he had done where tho motive He was not the
owner OF the building. He had no insurance effected
upon L. lie was, OF grateful to his successful
cons,n FOR having taken him INTO his employment and
gvcn him poxton cf condsrce Tho motive for this
crime oil lay with Kane, whose business as had been
sworn, was failing OFT and who had largo policy on the
stock and house The evidence OF Sheenan was corrooo
rated by iha, OF Catharne Duchesne, who had been
characterized an uormcr by counsel for the prosecu
tion Thai woman said the Attorney General, had given
the most truthful evidence Yesterday counsel for the
defence said that the Irish race IN which Kane and
Shechan belonged held in lothing and detesta'ion tho
charnc OF irfotmer But how could II be said she
informcr? uid she not know that Kane had
declared In her that If he could not pay her
the sum of $500 he hai borrowed from her hc would
try and SOL his house. and That if he could sell IT,
he world insure IL for large amount and then burn il
downY 81 knew he had riode thai statement and yet
she ala no. INFORM cgainst him. But when she found
That George shcctan, her ncrhev sco she had akan
under her protection when he calne 10 this country
edsc, lad never dcnc bad act was imprisoned on
wrongful charge she, With mothers affection, flew to
his assistance. aud told all she knew OF this most painful
transactirn Could that be called the act of nformer9
No, by any The learned gentleman, In glowing
a az Tssr se 70 % e ,oa q
and though they oppressed, they woud
b fthful 70 any one whom they believed TO be true.
lc tho late war he lihe Attorney Gcnera) commanded
an Irish regiment They were brave. generous
and hero'c; they rushed to the front with
foremost in the laht 10 this race the character Of n
former dctcsablc, bu that character could not be
applied to Mrs Duchesne. who was one OF the most
truthful Witnesses he ever saw IN a cour, or JUSTICE
A.er srcakng for about three hours and exbansting
every topic suggested in the case the learned gentle
concluded by appealing the Jury II they believed
the prisorcf % be guilty 10 End a verdict would
give security {, the community their homes against
acts Of nceErarisr which struck al the existence Of
that capital which governed and directed by large COM
panes, dd much for the good Of the community II
tho inTg werc led away by tho Influence Of his eblc
friend. Mr. Rrady-ir they forgot what was due to
socieiyihcn let this go and let u be understood
hs, were to ne SO, God help them. II reason told them
that tho prisoner was guilty then let that word be
spoken. Suppressed apparse.)
yCrGE'S
Judge iDvraham then charged the jury. He said that
this case called for consideration at their hands
Not that all criminal cases did require consideration
but this one from is peculiar nature demanded caro-
ful examination OF the testimony so that ustce should
be done well TO the prisoner the bar as to the
people who malo the complaint against him. There was
principle Of law that preoner entitled to any
doubt thu, might exist in the mind Of the jury his
guilt That principle should be observed In a case OF
this Kind whero The character Of the witnesses and the
nature and character of the crime were involved
mat,nr 10 which he should ca the attention OF The jury
that was mo difference between positive evidence and
evidence of circulnstantial character. Where the
crime seen by Witnesses and tho facts we're stated
TO Jury by who 10 be believed, there could be
no no. a,cui.y ~ coming g conciuslon but where as N
evideacc, different rule was 10 be observed, for
then they mnst have such chain OF circumstances
as not only 10 bring them 10 the conclusion that
the rrsoner guilty but tha, must warrant them in
the presumption that no other person committed tho
offence There evidence OF good character the
par, OF the prisoner Where that proved II mat
ter FOR the ilry take into consideration, IN OF
crcumsianla eydencc because. where tho least doubt
existed as 10 tho commission of crime and the guilt or
prisoner the fact OF his character being proved TO bc
soci In prevcfs times, in his favor and was en-.
titled 10 much consideration from the Jury 1l they be-
loved tlal sheehan was n~ccussplicc the alleged
crime, and That his evidences not supported by the
Other witnesses, they would be bound 70 scqut the
Prise ncr.
The Jury retired fonr O'Clock to consider their
Dict aud had agreed up 10 quarter past seven Az
that time tho Court took a recess t this morning at
apast nine, when the Judge will receive tho verdict
should The jury xho locked up for tho nishp agree
rpon one
Thapuni ish ucns reserved by law for sroh offence
Amputcd TO the prisoner - imprisonment for not
ess ID <cn years or for life In tho state Prison.
su7eusAIES COURT
ThS lnn wiii Case.
BefdfU10rrognte Tucker.
The summing up Of the counsel in the celebrated
go,mon viii cass was commenced yesterday by Mr.