The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-23
THE URT S.

The second Avenue Arson Cnse-Trini OIL So""
Kane for Murder.


Cor the trial Of this inc PRISONER counsoi eAe
cised the privilege OF Perempoy chsenge 70 he iuest
extent who many OF those Sunmonea 70 aSt az jurors
who answered 10 their names found incompetent
man examination, from various causes, so that some
aslav necessarily took place in consequence The end
xas however reached, when the following jury was
nworn-Iorace Metcali. 90 Seventh street; Thomas NJ
pehon corner Of Bowery and Fourth street, Albert w.
Palmer 10 Tonth street; George b. oberheiser, 10
Eghb avenue; James A. wardrop, 107h Division
street Walter r. Bartlett, 31s Broadway; Walter e.
BALDWIN 1873 south street. DAVID u a. wortendyke, 20
William M. Smiee, lo5 West Fortyhrst street; George
A. Tbichenor, 100 John street, and Lyman Taylor Jr,
rho case for the prosecution was then opened by
Assistant District Attorney Hutchings who addressed
the Jury substantially as follows
aiauisnEs- AS IN junior counsel being associated in
this with tho learned and able Attorney General OF
Mo State r. r. Martindale, who appears request
Of the District Attorney as prosecuting officer behalf
OF the People, the duty devoves upon OF presenting
70 you summary statement Of the involved In
this and OF the matters OF fact and Inference,
which the process Of this investigation will DO
called upon determine. On the night OF the 18th OF
December last Gre occurred the northwest corner
OF rarity INST street and Second avenue and Spreading
with fiightiul and almost miraculous rapidity soon
completed the destruction OF the building there To-
Gated In that fire. or rather because Of injuries
received therefrom, persisted Mrs. Mary Sanford,
her three children ana her sister The Grand Jury al
the February term OF this court indicted John Kane the
prisoner the bar for the crime OF arson in the first
degree, in having sot nre to the buildings above de-
no thereby occasioned the death OF Mrs Sanford
Upon that Indictment at that term Of this court
Kane was tried, when tho jury failing to agree upon
VERDICT the prosecution because OF the magnitude OF
the crime, and its prevalence in this community, con-
sidered their duty 10 ask for trial. and you
called upon to inquire into the circumstances
0f the offence alleged against tho prisoner when will
be your duty, f the evidence presented you
conviction upon your minds OF the guilt OF the
accused TO return a verdict IN accordance there.
with. The learned counsel then proceeded TO define
the CRIME OF arson in the rst degree in It's legal signih
IN hnf1A
there persons inmates at the time, who lose their
lives in consequent destruction Of the same, and IS
therefore antamount 70 murder, the punishment being
the here II is not necessary that there should be
an intention to take life, would attempt be
made by the prosecution 10 prove such INTENT 1t being
the rule of that whoever attempts the commission
Of the of assumes the responsibility OF the
results naturally following his acts and sha be held
accountability pToportoned to these results After
roSerence to the possible motives that might influence
the prisoner IN setting nre 70 his place and TO
he character OF the evidence about be presented
which would be both positive and circumstantial Mr.
hntohins closed with an appeal 70 the jury to weigh
witnesses TO DO called give it dispassionae consdera
ton and In the full knowledge the consequences that
might follow their verdict either in permitting Mary
S0pdford TO 90 unayenged, or depriving John Kane
81 hfe, TO render true Judgment before God
model OF the premises destroyed by fire was on the
the better to understand portions Of tho testimony
James 7. Brady and exJudge Thompson appeared for
David SANFORD was the rst witness called and being
sworn test fed ollows:-l occupied front rooms on
Thry-hrs street in house corner Of rhiry-nrs street
~ fire; had two rooms Mr. Kane occupied front rooms
ON Second avenue; my wife and sisterniaw lived with
me- leased the rooms from Mr. Kane; remember
night Of nre-tdate admitted by defence)-myself wife
and two OF my children the bedroom at the time
ef the ERE; my wife notified me; looked out OF the
Kitchen window and flames coming from basement:
dressed and the attic II the ladder was &C.
snre; returned and took the oldest child telling the
others 10 follow when reached the foot Of the ladder
won't 10 window and broke IL in TO let in air. then
commenced the ascension; threw the child CARR led on
rrSnfo fln.t
had also child her arms and then assisted my wife,
who had the baby they then assisted through the
my wifes name was Mary SANFORD; was Awakened
twelve clock BY the child crying cot IN but re-
sarned 70 bod afterwards the first impression had
was noise as OF cattle going through the street; my
wife said II was fre saw flames issue from tho door
and window leading into an areaway on Thirty
nst street side model OF premises here exhibited 70
Jury 70 explain the point or observatory; IL was more
smoke than names there great dcal OF smoke In
the hall; mel one OF the Webb family who lived up
Stairs, IN the hail. who said tho step ladder was safe
believe my wife burned; did not see any of my
family since tina, night but one little BOY was pros-
tsaied because OF injuries myself; saw sheehan making
m endeavor 10 get ladder up room but IL was
600 short had the oldest girl, Martha, in my arms my
wife had tho youngest several persons the roof
but was SO blinded by smoke that could recognize
em, descended into the street by the assistance OF
man in citizens dress: remained the pavement be-
bow until my feet frozen; then went to a drug
store and from there taken 10 the hospital cou Id
not have gone down stairs when ] came out OF my
room.
Cross-examined Did not hear any one CRY FIRE until
After opened the window; noticed q strong smell a
sunocatng nature, ike varnish; cannot say that IL
emelt like Kerosene; heard heavy sound before got
up, the ladder was not fastened above; il was after
bad been 70 try this thai Sheehan trying put up
q ladder; heard several voices saying, escape by the
scuttle; there several with sheehan
Deposition OF Charles II. Ludam physician OF Belle
vue Hospital tesiyine that Mary sanford died from
the ofec, Of burns, was then handed In aud read.
julius Konger being next sworn II lived in
Becond avenue, No 563, corner THIRTY. rst street on
December IL last; occupied basement In front;
kept barber SHOP leased II from Mr. Hodaiss on the
MN Ff has h.A
o'clock; at twenty minutes past twelve awakened
by my wife; saw Gre through window looking into
back cellar took nv two children 70 cndeavor escape,
when sergeant Of police who asked where the
0fe was, and / said IN the basement; my
know Mr. Kane aud sheehan: saw sheehan that piaht
IN the doorway OF the store he locking unlock
ing the door; went round 20 the Thirtynst
trance did not see ladder there; had conversation
Win Kane about my lease he made an offer 10 70
give IL up; difficulty grew up between us on that &C
count which resulted that sued HIM
Cross am ned-Kape came into possession Of the
premises April 1885, then leased from him, that
paid him my rent, fourteen dollars per month; Kane
wanted TO close the entrance my place Second
nue.; the quarrel with Kane did not commence nv
stde; he annoyed me; sued him once. and my wife
sued HIM for assault and battery the previous
sam pending; clam two thousand dollars damages for
injury caused by the water from Kancs leaking
enc nre; have paper 20 prove the amount OF
prcperty ] bad the window through which
saw the IRE was fastened on the side of
the cellar aud was covered with . yellow Curtain:
did not SPEAK 10 sbeehan when him al the store
door; thcre vas light inside, he had ms coat and
bat facing the door: did not him again that
night whom ran out saw flames coming out OF cellar
door in Thirty-h street did not smell anything
strange; heard explosion
George A. sheehan being next called aud sworn test.
fec.I am twenty -four years Of age; born in Ire
land: arrived here In ls54-in New York went 70
Albany seek uncle and aunt, Duchesne by name:
Mrs Duchesne 10 my aunt; found them soon after my
arrival; went 70 hive sith them, and remained with
shem up 20 the 10th or April, 1886; employed
canal barge belonging 70 them; then went into the
ploy Of John Kane the prisoner he Is 0rsf cousin q
mime Kane is about the same age as myself ne we're
boys together nj home; came from Limerick engaged
with Kane barkeeper In IA place OF Thirty first
street and Second avenue: the building was not thcn
ready; be Vas preparing 70 engage IN toe liquor bus-
ness he TO pay me So per month and board:
the liquors were purchased from Kohler Brothers aud
Mr. Slcock and delivered Ia the latter part 81 April
they consisted OF niue barrels bourbon barrel gin,
ese barrel port barrel spirits, baIrei Scotch
whskey tvonty gallons Jamaica rum. ten gallons black
berry brandy hoEsheads stock ale, some syrupD
snd twenty gallons sherry; whom the business COM
meneed The value Of The sock Of liquors and csass was