The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-02-27
COURT or OYER AND TsaMnEa.

couRI OF uYth ANU itkmIneh
charge Of Ar-ou-Trial Of John Kane for Tfur-
der i'm the First Degree The Teneines,t
House Burning in Thirty-first Street a'Ad
Second Avenue.
Before Judge Ingrahsm and Jary.
Yesterday John Kane pat upon his trial for the
alleged the rst degree Of Mary sandford by
aiciousy setting are to tenement house, OF which he
was the owner the night OF the l2xh OF DeO smbcr
1856 Tue Of the deceased resulted from burns
she received the Gre in question.
rho case excited much interest, and tho Gov IT room
~,s crowded from opening to the cless OF The days
proceedings
Tho prosecution conducted by Mr.. Martinds To- Ator-
.ey General OF the State, and Mr. R. q. Etutchings,
Assistant District Attorney Tho prisoner ~ defended
by Mr. James T. Brady and ex-Judge A. A. sihompson.
mcdsl Of the building was placed on the Ia Die for The
tniorrna ion Of the Court and jury. f.f MA
oPHSnrG srArsxESr FOR rHE PROSECUTE on.
Mr. Hutchipgs sad-Gentlemea OF the jury this Is an
indictment for murder in the first degree is special
character, and has been drawn under section OF
by arson the law regards murder in the first do
gree You must DO convinced by positive evidence in
that the prisoner Is guilty Of Of There
10 only witness who will swear positively as 70 the
non with i from which believe you win have dim
Guilty arriving II tho conclusion that the prisoner at
sowe purpose sci Ore to this Snildne which he owned,
and winch fire. believe, resulted in the death Of FIVE
human beings Thus, II is simply necessary to lay in
the Indictment presented to you that one person,
woman came 70 her death by this fire.
This Indictment Substantially alleges, and tho al
legation is 70 be proved 70 your satisfaction by the
evidence have oer and by the circumstances OF the
case pointing rteSsbly TO the guilt OF the prisoner,
that he set FIRE 70 THIS building Thirydt street. and
the burning resulted in the death OF the woman,
Mary sanford on the night Of the 18th of December
1860 The building four stories high situated
of Second avenue and Thirty first street.
This was occupied BY barber In the cellar was Kane's
woodshed and that his liquor store The whole OF
above thar by man named SANFORD, and on the fourth
AoOr q family named Webb. Mrs. Ssndford came
from Tie IRE, and not seeing ner child as she expected
rushed in again and was nearly sudocaed. Three chill
siren also came to death from burning After
conclusion-and cannot SEQ how you como to any
other conclusiou-that this fro was started In the
cellar of Kanes house. that from tins cellar 10 the
ether parts OF II there communication; that the fire
was not The result Of accident but that started by
some one Intentionally and with delberation. And The
intend TO 70 your satisfaction that they
vii present. this case to you 50 that there cannot be
legal doubt that Kane Was governed by Some motive
and You arc 70 lind the motive from tho evidencs-and
the person who started this fire. which resulted
the death OF 1--WE human beings. There Is only one
witness in the case who esties positively 70 certain
transactions the part Of Kane He is, as can well
anticipate dangerous witness to the prisoner, and
therefore Il will be attempted to discredit him in your
estimation He In fact, comes on the stand rs witness
70 extent impeachcd by contradictory statements
Of and for the purpose Of discovering what
the statement he made must examine wherein
sav originally for utterng false statement.
The name or this witness is Sncehan. He Is Kans's
tragedy He was on intimate and friendly relations
with him. Their relationship was not only that
of friends, but OF family, and no will tell
you why that he had originally made a statement
before the that was false. Ho did make state
He did Kane. Kane was free and shechan
was arrested Shcehan had motive to commit this
The prisoner promised to bail Sheehan out II he
would not tell him, and say that no not at the
nrn, hut The prisoner had such Intention for he in
Seeing that he would be- the victim Of Kane and that
Kane using him for his purposes, he then made
the revelation that will present you II will DO
substantially folows:Thath he the barkeeper OF
this place. that the night OF this tragedy Kane
dered him TO close the earlier had been the
custom 10 close IL; that Kane went stairs and came
had his shop closed aps sheesan saw Kane 20 down
abe cellar stairs, and while he in the cellar he heard
che not closed and again he ordered him
90 close it. Kane was then seen TO come down stairs
again with his coat and boots of. He went into the GEL
lar again there several minutes He then
went Mp stairs, and almost Immediately after Shcehan,
who In the store observed smoke issuing from the
che house. Kane escaped. He was the only man that
was secn the celar-the only that had
the cellar at that time he went up stairs; he was fully
dressed he up from the scuttlo Of the room Oc
eapyng the upper portion OF the house, that was the
best for him TO escape after the FIRE and alarming
abs other inmates Of the house, there lie long
Of dwellings, there, and ne had only to from house
sSe 's alarm Of :" nrs s's 70 y the Webb family He
was the irst person 10 discover the FIRE, even
had 20, any intimation q it Tho learned Counsel
So concluding his statement observed that neither
Eheehan the barber bad any motive TO burn the
place, and that Kane knowing he supposed have
had hand in the anon told the police oncer TO watch
rvc 10 burn the place for he insured. He (Mr
Hnchings) rspudated the notion that 1t q pro-
II instituted TO vindcatc the law, and IL the jury
should believe the evidence TO be adtuced the part
Of the people would be their duty TO nnd the prisoner
.guily.
TESTIMONY wrrSEssss
David T. sanford was the nrss witness called and
Mr. Brady in,ima,ed that there were a great many
things which hc supposed the witness would prove-the
details Of the burning and the loss OF his wife He
would admit all these outlines Of the for the sake
or saving tIlne ana narrow the matter down TO the
M. Mar.ndalo accepted the offer OF Mr. Brady. bu,
sad Il would be necessary nevertheless to examine the
The witness sandiord was examined a. fonows:-Thss
buiIdng was on the corner OF Thirty street.
eupcd kitchen and bedroom on the third floor; the
kitchen was over tho entrance door on Thirty first
street. my WIFE, three children and sister nlaw resided
An these rooms leased them from Kane at sl2 month;
the Gre occurred in the month OF December at night;
heard the street; ran 10 the kitchen window
and flames issuing from the basement; saw the hall
full OF smoke; up stairs and saw lady In her
he could Ok il up so As to save himself and his fami-
iy the ladder fell short and then witness went up 70
mess described ., length Rs efforts to escape and ho.
his wife and two children persisted from the elects o.
toe FIRE Saw person on the roof that night bat could
To MI Rrady--I have always been on good terms with
,hs 49, sncehan have never before been ~ nouse
,na, was burned; did smell kerosene that night
me sunh got IN the hall that evening the smell Of
vMnsh am not aware that Kane had made arrango-
msnss 70 have his premises painted about that time.
- me next witness called was police officer, but Mr.
1n'cnnGs spia was not necessary examine him, rs
~ brady admitted that mrs Sandford died OF the
purns alter she wns taken 70 Bellevue Hospital.
doctor from Belloyuc Hospital deposcd that Mrs.
bAnoiord ded 81 burns In that establishment on the
OF Dsccmber. lse8. = - -
German woman named Minnie Punnrcr deposcd
chat she and her husband and two children resided IN
the IRON, part Of the basement Of Kane's house in
Second avenue; her husband Kept barber sbop. tho
basefnsnf not connected with The hact mari.
she witness went 70 bed at ten O'Clock; and he,
husband and children ALSO she some TINA aftcr
heard an explosion which awoke her. shs cs,ed
her husband and said there a Ore. her
husband took the two children, and he went with
them into the street; sho saw Abe hre; tho smoke
came ihrouah a door leading 70 where Kane had rhI.