The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-04

Examination at the Tombs Ycstcrdny-The
Testimony. NC.
Tho case OF WIN. II. Horton, charged with arson In
congestion with the at No SO Harrison street. on the
ed May last up yesterday before Justice Hogan
| at che Tomba The following evidence was taken
| George C. Hartch being deposed:-I reside at
1f3 Washington street, Brooklyn / am clerk IN the
employ Adam r. Brace Co, 1856 Pearl street, cotton
! factors aud general commission merchants; my duty
attend to the cartasc and storage OF their cotton
from the time il left the vessel until II was sold and de-
vered IN February, 1867 stored seventeen bales OF
cotton, marked G. r., in The building No so Harrison
street; the sand storehousc was kept by the firm or
! Horton Co.; the cotton was owned by Bruce u 60
| il valued at the time at about $40
bale, in that same month stored IN the Same build
ing kept by Horton & Co twenty more bales marked
lin a circle) II. W. j. Of about the value per
bale said cotton insured in the Hoffman Fire
Insurance Company Tor So 000 this policy OF insurance
only covered the cotton owned 10y Bruce Co.. stored
in the building No. so Harrison street, and no other
store at the time placed these thirty seven bales OF
cotton in the storage Of Horton Co they had no other
store then in their heard Of the occurrence OF fire
at No. so Harrison street. which took place on Thursday
night the 23d OF May, 1867 and on the following day
about our cotton; did not learn anything on
that day on the next day, Saturday. learned the COT
ton bearing our marks in the stores Al and 10 Har
rsOn street; TO those stores and cotton,
and identified tho Marks on Monday following saw
Mr. Horton, or the owners OF the storage store No
so Harrison street, asked him what he moved cot
ton Tor out of No so TO Nos AZ and 40 Harrison street.
as by his moving it out OF No SO 1t became uninsured
and why he gave us no notice OF the change. Mr. Hor
ton said he moved because IL in the cellar and
wet, and he moved 1t to dry IT. then asked Mr. Horton
II he would deliver our cotton order, and
he said he would and on that day / caused the
thirty.seven bales of cotton 10 be removed
gave receipt for the cotton on its delivery !;
our cotton must have been moved to No. SO prior
TO the re from the fact OF the No DO having been
IN charge oil the insurance patrol from the night OF the
mr. until after our cotton was found and removed
Cross-examned-I first learned from the Secretary Of
the Hoffman Insurance Company that cotton was at
AZ and 40 Harrison street, then went with the
iary 10 the premses the porter let us in went In and
some Of our cotton with marks on it, there Is
only one floor TO this store.
Leon Dethau being sworn, tesiifed-I reside at $50
Degraw street, Brooklyn am the shipping and recev-
ing clerk IN the arm q Cason Co., 81 Exchange place;
| have the charge OF the cotton owned by said
hrm we keep an account of where said cotton
Is stored; on Thursday, the 23d day OF
May 1887, had 2S6 bales OF storage in the
Co We hold the receipts Of Horton Co for the same;
the said 2S6 bales OF cotton were insured in the said
ing; the day after the fire in question 121 bales Of
cotton found in the building Nos Al and 40 Harr-
son street; these had been removed from No. so with
out my consent or permission in any way; the cotton
found IN Nos ~ and 10 uninsured in those build
lngs; we never permit cotton to DO removed from
store to another unless we give permission,
as we have at once to procure insurance to
cover II wherever stored; we had 1876 bales
OF cotton stored in Al and 40 Harrison street. insured
in those buildings; turning out this cotton find
four bales wanting; Saturday. juno l. 1867 Mr.. Hor
ton called at Office for the amount Of his bill for
storage then Informed Mr. Horton that the four bales
were missing he replied that it would be all right and
that they were oyer n building No 10 Harrison street,
the one marked i'm diah0nuj vas 70 the cellar the
other three bales told Mr.. Horton We're mased y Y:
he said a right" declined TO pay the bill for storage
until the missing bales OF cotton were found.
Cross-eXamined-I have not been the stores AZ and
40 Harrison street since the oath Of May 1867.
George W. Quackenbush, the next witness sworn tes-
titled ~ am foreman of Metropolitan Hook and Ladder
Co No 10; Friday, May -, 1851 the day after tho
occurrence OF fire In the building so Harrison street.
was the third floor of the building overhaul
ing cotton; there found soda water bottle IL was
about SIX feet from the head Of the stars examined
the said bottle and some pieces OF taow inside it,
placed mark on said bottle
Cross examned.-I marked the wire on the bottle
with knife; there was no cork in the bottle ut the
time; the bottle half full OF water and the tallow
inside in the water; where the bottle the
was burnt away good deal saw nothing but The
bottle round about there; the floor not burned
there; there was quito number OF bales
or cotton just where the bottle found:
they appeared to have been slowed together about
as close possible; there not more than a
space OF two three inches between baes it look
ed 10 rs If there had been passage way from the
stairs 10 where the bottle found the bottle was
found about two feet the front under the hole
that was burned through the fourth floor; the two
upper floors and roof burnt away and the cotton
had fallen through 20 the third floor; do think this
bottle could have fallen through from the fourth the
third floor; did not find any tailow outside around
whore the bottle was.
The case was then adjourned until Wednesday morn
ing at quarter after nine o'clock