The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-05
HE HUDSON STREET ARSON CASE.
A Scene In Court Between Justice Bowling
and Fire Marshal Bracket,

A scene In Court Between Justice Bowling
and Fire Marshal Bracket.
Jacob Baum, O boy OF seventeen years, was ar
rested on Thursday night last suspicion of setting
fire to the tailoring store, owned by his brother
William, ct No. 81 Hudson street. Detective Tilly,
OF the Third precinct made the arrest and the fol-
lowing morning the prisoner was conveyed before
Justice bowling, at the Tombs Police Court, and was
there committed for examination.
Soon after Geographic despatch was handed to
Justice Downing. in which appeared request from
Mr.. superintendent Kennedy that the prisoner Baum
be taken before the Fire Marshal.
Justice Bowling, In response to the officer bearing
the despatch remarked that the prisoner was before
him-the proper place for examination according TO
law.
The case then proceeded; two or three afidavits
were taken and other witnesses were required, but
Ss eq BEFORE Fire Marsha 500
street, who was at the same time investigating the
Justice Downing waited from hour to hour the
whole day. but neither Fire Marsha. Bracket nor wit
ness made an appearance Ia court. The case was
therefore adjourned over to saturday morning al ten
O'Clock.
Shortly after that hour on Saturday morning Fire
Marsha Bracket y IN court ans s.ai ssor 70
him the previous day, and they were not there over
The Justice asked him why he did not appear
with the witnesses; that he had waited all day and
was then obliged to adjourn the case.
at his ONCE, which he was authorized to SO do
by the Fire Marsha, act al the same time produced
q copy OF the act AMI pointed out section two,n by
which he derived authority, that he did not wish to
bring an imperfect case and was preparing aiidavits
to submit them.
Justice bowling remarked that so far as the Fire
Marshal law was concerned II was a nuty; that the
city was heavily taxed TO support that officer just for
the benefit OF insurance companies and they ought TO
be made to pay for It, II was evident the Legislature
could not delegate judicial powers, as they had
attempted TO do IN this Fire Marshal act Judicial
w mi &C.
cording to the constitution Of the state.
suppose witness you subpoena before you de-
clines TO answer any questions, can you impose
penaitys No. none whatever. II Is optional on the
part OF any person to obey your subpoena; there
pronounce this Fire Mar hal act nudity, and OF
course unconstitutional, and am sustained IN that
opinion by the chief prosecuting oflcer OF the
county.
arrested charged with arson IN the FIRST degree one
OF the highest crimes known 10 the law and accord
ing TO the Revised Statutes IL my duty to have the
testimony taken in his presence so that his rights
| may be respected, and that intend to do.
magistrates permitted nm TO take the testimony ut
ms ONCE and then submit, IL TO them.
Before making an answer Justice Downing
Strengthened himself up In his chair and said that
other magistrates allowed II and chose TO violate
the statute law he for one would not; that he wished
TO do his own thinking and TO Judge OF the him.
sell, for which he had been elected by the people,
and he intended 10 do so TO the best OF his ability.
| II you had brought your case here before with
the witnesses may, perhaps, have assigned you for
the time my clerk TO take the testimony, but as to
/ the afidavits you may have taken elsewhere.
| should regard them as much waste paper and
swept them from the desk.
Mr.. Brackett then left the court.
Counsel for the prisoner asked TO cfoss.examine
two or three OF the witnesses that had been sworn
| for the prosecution. As the witnesses we're not
present the Justice adjourned the case until two
| O'Clock this afternoon
AT two O'Clock the case was called and proceeded
with, but Fire Marshal Bracket did not appear to
prosecute. Captain Uman, OF the Third precinct,
was present and seemed to take the part Of pros
ecutor with two OF his officers: one was sworn and
examined; his testimony went TO show that the store
was closed before seven O'Clock; In other parts II
went merely to corroborate the time Of the discovery
OF the nre.
The cross.examination OF the girl Bessy Mccain
went 10 show that she was not very reliable a. to
the judgment OF time, and hence the store may have
been closed thirty minutes instead as she supposes
only ten minutes Al the conclusion OF the case for
the day counsel for the prisoner asked to have him
denied, and the further examination was set down
for Tuesday next. al ten O'Clock Ia the forenoon.
/ ANECDoTE or GOVERNOR SRyMouR.-A few years
ago Governor Seymour, being In delicate health spent
/ the summer months in Wisconsin with friend with
/ whom he made frequent excursions on and around
Green Bay. ON one OF these pleasure trips, while
sailing on the bay, they were overtaken By severe
thunder storm, which was as sudden az II was VIC.
lent, and which caused them TO row rapidly TO the
shore Ia search OF temporary shelter Upon landing
they espied low log cabin into which they entered
and found 1t tenanted by old sailor and his wife.
With the EARNING propensity OF the tar and the gar
ruousness natural TO an old man. he quickly made the