The New York herald., 1874-07-16
The Case or HIadlinger.


The trial OF Edward Madinger, charged with
arson In the first degree, was continued yesterday
In the General Sessions, before Judge sutherland.
Assistant District Attorney Lyon called William
Daily. who was a policeman at the time Of the fire.
He testified that on the night OF the Goth OF
December he heard an alarm rap between twelve
and one O'Clock, and proceeded to No. GO East
Twelfth street; he and another offlcer found the
door OF the tailors shop, which was occupied by
Drostel Madlinger, fastened with paddock and
hasp; they tried to force it open with clubs, but
failing In that lady furnished an axe, with which
they forced an entrance the smoke came out 80
thick and heavy from the back room that they
were obliged to shut the door; members of the
Fire Department arrived In ten minutes and used
q fire extInQulsher. nt,
John Bradley, fireman, stated that upon arriv-
ing at the house he saw the front room hied with
smoke and fire emanatlng from the southwest
corner, ana the moor was all burned away over
he turned over in order to use the wafer ON 1t; I;
the contents OF the drawer were burning and the
John Lacour, an insurance patrolman. testi-
fed that as soon as he got 10 the premises he
room together and covered the goods with an oil
cloth cover; that about two hours Afterwards g. on
candle placed in a card board surrounded with
matches and pieces OF cloth loosely thrown around
following morning he looked around ana did not
see any remnants OF cloth burned and there was
nothing burned In the room except the 'cutting"
table,
George Fl. Needham, also an Insurance patrol.
man. described bow the piece of candle was put OH
the table. enveOped In matches. paper and other
innamfnabie material. The witness said on the
morning after the ire Madllnger went to the store
(Drostel) mad been there, ana when informed that
he had not he replied that he would go down to his
room and get hiaI, for ne had the Keys; they came
for his policy; Drostel wanted to know how soon
he could get the money; they went out again and
Maurice Mayer say elotaier, who was deputed to
the accused after tne fire, said that he measured
the pieces OF cloth, the total number of Yards
being ll2y. and at fair valuation the goods were
George H. Sheldon, the Fire Marshal, who Wis.
tied the premises the morning after the nre, gave
the appearance OF the room where the fire Orlgina.
ted. The fire had extended from the partition in
the rear of the shop to the floor above, burning the
beams In the afternoon Madlinger was requested
TO visit the Fire Marshal 81 his Oiice and make an
aiidavlt, which ,he Judge permitted the prosecu-
ting officer to put in evidence. The substance Of
1t was that he did not know anything about the
fire, that he left the store with his partner about
eight O'Clock on the previous evening, and that
they had over 5000 worth OF stock, and supposed
all was lost. Later in the day the Fire Marshal,
to their store and showed them the candle and its
surroundings. Drostel said he did not do it, while
shrugged hts shoulders He appeared much
startled and looked frightened. The Marshal then
directed his 0fhCer To arrest them.
THE CASE FOR THE DEFENCE.
Mr.. Mott brieny opened the case for the accused,
and read q certificate lurnished by the Cashier Of
the Dry Dock savings Bank, that Madllnger kept
an account there, and on the Sd Of January, 1874,
he drew out balance OF $1,0l2 81
Isaac i. Mailer, u clerk IN the BOwery Savings
Bank, swOre that Madnger kept an account
there. and That on the both Of December last ne
had S99J So to his credit. '1 IC .t -a..tt
Elizabeth ASH and Mary Corrigan, who occupied
apartments at tenement house in Thirteenth
street, on the same moor with Madnger, testified
that he was in his own, room az eight O'Clock, and
Mrs. COrrigan heard him in the, adjoining room
morning. 90 ilN' 4A4
N solomon Crosby and Leonard Phyliky, the for
mer employers OF the prisoner, and number OF
other witnesses, testified TO his good character for
honesty and Industry. i4 i.. .i-t1
Edward Ma.llinger was called, and testified that
Drostel attended TO the business while he did the
'bushelling" meaning the repairing; Drostel car
ried the keys or the store Mr.. ward got tine
goods insured; Mrs. Courtney was incorrect IN
stating that the door Of the store kept locked
on the day OF the 1re: there was greater guam
uty OF goods IN the place the night OF the fire
tnan on the following morning. ""-
The accused. IN MS cross-eXamtDati0n, said that
ne smeed no tnrpcntne in the store; at the
time oil the nre they were indebted to Mr.. Ward
$500 or 800, which he wanted paid; Drostel COL
lected all the bills and, although they did good
BUSINESS ne (Madlinger) did not consider that his
partner had a good character, for he collected
bills OF customers and he ouDd out afterwards
that he (DrosteD swlndled him they had quar-
rel about the payment OF Mr.. Wards bill, and as
Drostei had no money ne (MadlingerI paid the
whole bill. r l u 80
AZ the close OF the summing up Judge suther-
land said he would postpone MS charge to the
jury till morning. httf I.tltD. ~. ....,
a6lOurnQ0.