The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-28


Sureties-Horace i. Clarke Edward l. Corlies
Edward Ketchum, Ninth Congressional district Sure
ties-Henry Ellsworth, Royal Houghton.
John w. Little, OF Newburgh, Eleventh Congressional
district suretes-Daniel A. Rhenton, Orange county;
John Hilton, same county.
Colonel James +. Dwight is the only one Of the new
appointees that remains TO qualify.
COURT OF OYER AND TERmnER.
The Second Avenue Arson Case-Foursh Day.
Before Judge Miller
This proracted trial resumed yesterday morning.
The jury having answered to their Names Claudio Citti
who had under examination the last sitting was
called. Not being in court the first witness examined
was .s.s-
Josephine Penn, who testified as follows--know MRS.
Duchesne; has known her for two months and half;
has lived with Mrs. Duchesns as a servant; heard Mrs.
Duchesns speak with Mira Grifth Cthe aunt Of Kane)
with reference to tho fire; Mrs Duchesne said she
would hang John Kane she could and would willingly
pull the rope TO assist the operation had heard her
mistress also speak TO other people ON the same subject
Question asked. "Did YOU ever bear anything about
Mrs Duchesne or anybody else going TO the Tombs TO
John Kane, and sum Of money, 500 or 500
being offered for either Mrs Duchesne or Mr. Griffith
to appear At the tralf Question objected to by the
prosecution and part OF former days examination Of
Mrs Duchesne read by the defence for the purpose OF
showing animus ON the part OF Mr. Duchesue oo)ec-
Mrs. Duchesne recalled-was asked whether she
had ever asked Mrs Griffith to TO the Tombs and ask
her not 70 appear against him. She denied ever hav-
ing said anything Of the sort either in the presence Of
sSs1 Whether sSe had not said something about money
and hanging John Kane She replied that she had once
said when in the Kitchen that she would not perure
herself II certain kettle she had in her hand was full
Of gold; that all she said on the subject and
this she did say when she had quarrel with Mrs. Grf
dth Witness stated that she in the District Ator
hey Generals office on Saturday and great deal Of talk
went on about this Witness had spoken TO Mrs.
Shshan there-Here the counsel for the prosecution
~kod 20 Tho nd In Rradv a
wished get At the motive Of Mrs Duchesne and proof
Of her amnesty Objection overruled @ Did you say
anything TO Mrs. Shehan about her testimony at this
trial. A did say anything TO her at all about IT,
Cross examned-Had not been told to leave BY the
prosecution but had osen tod % remain oy the
produced because the defence had alleged that the
prosecution had been trying 70 get away witnesses and
Josephine Penn, recalled, said that she heard Mrs
Duchesne distinctly say that John Kane gave her
money sDS npp' DucSssns and ura ch
both very excited in this conversation that she
overheard Ars Duchesns said that Kane had got $500
or her money which she could not get from him; she
also spoke Of Kanes leaving his house, Ars Duchesne
said that she asked Kane for the $780, and that Kane
hereupon said that he would insure his house and then
burn down: Il was after this conversation that the
conversation between Mrs Grnath and MIRA Duchesne
Navy Penn tesiiasd-Is sister Of last witness; Knows
Mr. Gri1th and Mrs Dachesne; got acquainted FOR the
fact OF Mn Duchssne having engaged her 70 make
therefore, MIRA Duchesne often in consequences Of
this: had seen Ms Duchesne 20 down on and
that she would mot take her apronfui Of suneas
Hrs sweony ealssd-Knows Mrs.. Duchesne; is the
grandmother OF the last two Witnesses was present
when Mrs Ducbesne spoke with Mrk Grfhth, bat could
mot remember exactly what she sad bat Mrs Duchesne
had often had private conversations and told her good
had given 500 70 Judge stewart pos George shshau
about the aiar," ana that she would hang john Kans
linn ana break his insurance for she chad grudss il
her heart agans him. she had also said she would not
appear against Kane on the second trial tins cocvers
ton hsd taken pacs in presence OF detective dresect
in citiz On clothes ON Of Mrs. Duchssnes owl
canal boats Kane had robbed her Of $500 ana sad e
least 30 Mira Duchssne told herr that he would nrs In
his houss, shsn burn IL down. and thus b able
M. rs,;cs nd Mob.e, Measham then sass cor
evidsuce Of former Witnesses as TO the value
OF the opery and stats Of the house on the night o.
he never drank ANYTHING but soda water sarsapalla
Claudio Gifts examination was then resumed from
the point where = had been adjourned on Friday las.
Had bad par of pants and an overcoat belonging 70
his brother when got out Of the house on the nigh
OF thefre. .
At Kapos place mi Wy times and he was playing billiards
on the evening the Ore VITA George Shshan and
they continued pa nns All the tns ns va ss
he used hinself vhich held shout quart; had the
same can there STILL did not know OF any Kerosene De
ing used in the house what lie employed himself
with regard 70 the ce he Gould not swear thai
there Was no rlsss in the SASH b believed there
c9uo not say SuoM Of being nailed
oSer the broken SASH beloved here was snch beard
could not give any partt MIA Information ABOUT THIS GEL
lar door business
Particular Ii M oy Ootn TIE counsel ~, we
we'll the counsel for The defcnce asout
the state and condition OF she CELLAR osor.l
Mrs Shehan xecalled-N tas In the Iistrict Atonsy
ONCE Saturday last, aft eeng under examinsuon
received subpoena 70 atten toat ocslo see MI
dale and George Shehan; "a sfe we're scvea
connected with the Office; ~ MIS- uecnesno tnero "
anteroom at the request Of one o. the gsn,,emen
there Mra Duchssne asked utnoss Wy sne wouia no
Be guided by her; witness tol NE nesne ma. sne
had almost ruined her SON " han, Out tuas ,uey
would not be hnng, the rope e never ges mace ns
Duchesne wanted witness TO Mi assy wnlcn wines
would not do Witness going On 70 9ne iuI,ner ns'
Counsel for the defence pleaded ms be eos anxious 70
unravel every point IN what he ssseo vs. conspacy
against Kane, as this witness bad pam sp@nnso INC
with even late on SaturL NY night Objection
On tie cross examination OF The " tn8s poin. ~
rule was then brought forward VIII ven caused anosnei
shehans evidence ~ what took pi see on Saturday
NJ the District Attorneys oce Thu sconnss LOT tne
prosecution then asked witnen whether sane nac no'
Piled him With Clothes and had not dom vita any IN.
tent OF OBTAINING money from Kane; a nae never
showed her or hurt her 70 speak Of the soa ~
reference TO getting her against IN On re-
examination witness stated that she had - oa ~ Du
chesne gel Is and 81 bill from one Of q " gsnnsmen
Ths eramluaiiou OF witnesses for the d shnoe then
closed MI Brady saying Tho prosecution Va proved
Sergeant Reid and ofrcer Klsep, Randall sa'd sa,sm
were Then called by the prosecution. Their Aw@snce
Vas similar 70 What IL was on the nrst trial. -
After some little conversation between the ~ WY 80
counsel the closing Of the case VS. deferred w 80
O'Clock this morning, 70 which time the Court Ssssn
adjourned.
COURT o. GENERAL SESSIONS
Before Judge Russell