The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-26
FIRE BUG NO. 1.

bOd nv. L.
PERLsTEIN CONVICTED OF ARSON IN THE FIRST
DEGREE--A NEW METHOD OF PROVING AN
ALIBI.
Contrary to the usual custom Of not holding court
Saturday Part of the General Sessions remained
open yesterday to continue the trial of Isatc Perl
stein, charged with arson in the first degree,
in having fired the tenement house No. II Ludlow
street on the 10th Of November last. Not since
the commenced had there been such large at
tendance the court room being literally packed
long before the proceedings commenced. Indeed
so much interest seemed to be taken in the inves-
CATION that the corridors thronged by dense
crowd unable to gain admission.
Judge Cowing allowed the withdrawal Of the
counts mentioned, and Mr. Brooke took an excep-
ton.
SUMMING UP THE DEFENCE.
Mr.. Brooke, amid great silence, to sum up for
the prisoner He condemned the action of the prose-
cution in having had the prisoner indicted without
an examination before magistrate and in Withhold
ing the evidence in the from the prisoner. He
had to hear the opening Of Assistant District
Attorney Rollins before he could know with
what crime the accused charged and what the
character of the testimony was that would be pro-
duced against him. The prisoner, he said, was
man of lowly origin, low order of intellect and
stranger in foreign land. He was struggling for
the liberty of the remainder of his days. and had
arrayed against him all the machinery Of the Fire
Department, all the influence of the District Attor-
ney's Office and one Of the ablest criminal prose-
cutors at the Bar. Mr. Brooke, whose heightened
address was both powerful and eloquent and excited
great attention, concluded by appealing to the jury
deal fairly by the prisoner contendng that there had
been brought TO their consideration fscts, which, II
true. established his innocence beyond all peradven
ture.
Assistant District Attorney Rollins after the re-
cess replied tor the prosecution. He said that he
regarded this one Of the most important he
had presented to jury in many years; and believ-
shown by the evidence to Be guilty Of the atrocious
crime charged he would look upon his conviction
as one of the most important events in the crimNal
AN opERArIo AIIBI
Mr.. Rollins then thoroughly Analysed all the testi-
the alibi up by the defence. He inquired where
were number of persons who could have been pro-
duced on behalf of the prisoner.
''where," asked Mr. Rollins. lis Siegel? where is
Lowenstein? where If Rubnsten?'
"He il dead" exclaimed one Of the spectators in
the rear of the court-an exclamation that made the
court room ring with laughter.
went to the opera last night. Mr.. Rollins went
OH to say, and it struck forcby that the weari-
some monotony of bringing forward the numerous
witnesses to establish the abb by one, and get
ting them to swear to the same fact might easily have
been avoided For instance. they could have been
invited to march together-al in batch-to the Wit
stand and chant their answers in grand swell
ing chorus-jnst something in this style. Imagine
Mr. Brooke in his deep. rich baritone voice doing the
solo parts
SOTO tSgnOr BrOOke)-Nne nero were you on NOvem-
Der 10
Chorus-At Isaac Perisleins house.
Solo-At what hour?
Chorus-After six o'clock. tIaughter,l
Solo-Where was Isaac Perlsten I
Chorus--He there. (.aughter.)
Solo-What was Inc doing?
Chorus-Playing dominos. (I.aughter.)
Then, added Mr.. Rollins, should make feeble
effort to crossexamne in poor tenor voice in this
way.
Solo-were you all there?
Chorus-We were all there. (Laughter.)
~. Hal. ~
there?
chorus-we don't know the month; LaughterJ
Solo-But you are sure you all there
Chorus-Dead sure. loud lauehter.)
JUDGE cowING's CHARGE.
Judge Cowng. In charging the jury, said the case,
after ve days trial. had turned out in its historical
detail most tragic and IL they disassociated from
their minds the disastrous results which might
one Of the most interesting eases entered 0i in
the annals of crime 1t had certainly been tine theme
OF much thought since Tuesday until now, the clos.
the jury to the law bearing on the crime of
in its various degrees ntimated that he would not
alluded to by counsel II the evidence of the prisoner
to be believed then he should go free, for he
swore he was not on the premises n,,s ~ the time
burning, but If the jury believed the evidence
submitted by the people in conjunction with all
the facts and circumstances of the case then they
would be justified in finding him guilty of the offence
charged. II. however. they believed he
ciated with Bernstein and Freeman In the commits
sion of the crime charged; that the three
bined together for common purpose and with q
common design TO commit the crime, each one was
guilty. Tho prisoner was, of course, entitled to
every fair and reasonable doubt arising from the evil
dencc.
GUILTY OF ARSON IN THE FIRST DEGREE.
Mr.. Brooke then submitted several requests to
charge, which Judge Cowing adjudicatcd upon. The
jury retired at hapast I'VE o'clock, and after alb
sence Of two hours returned TO Court with verdict
OF guilty In the first degree the penalty for which is
imprisonment tor life. The prisoner received the
announcement of the verdict with the stolid in
difference which has marked his deineanor through
out the trial
Mr. Brooke then moved for a new trial and in ar
rest Of judgment.
Judge Cowing postponed the hearing Of the molten
and rcnandcd the prisoner until tomorrow week.
The cases of Charles Bernstein. David Freeman and
Joseph Levy, who were jointly indicted with PERL
stein. viii, 1t was stated, shortly he placed on tho
calendar