The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-24
THE ALLEGED FIRE BUGS.

CLOSE OF THE PROSECUTION IN THE CASE OF
ISAAC pERLsrEN-wHAT THE DEgEScE Ex-
Poets TO PROVE.
The trial of Isaac Perlstein. jointly indicted with
David Freeman. Joseph Levy and Charles Bernstein.
on the charge Of in the first degree in having.
as alleged. fred the tenement house No. II Ludlow
street. ON the night Of the 10th of November. to
obtain 5000 insurance. resumed yesterday. At
the opening Of Part of the Court OF General Sos
sions every sent was occupied. great speculation
being INDUCED in as to what the verdict would be.
The prisoner occupied seat near his counsel. Mr..
Charles W. Brooke. and regarded the proceedings In
listless sort Of way. His wife sat beside him and
seemed to be more deeply impressed by the sur
roundings than the accused. who with open lips
gaped in apparent wonderment at his advocate when
making vigorous efforts In his behalf. The case Is
generally regarded of the most extraordinary
under the grade of crime charged that has been
disposed OF.
THE TESTIMONY.
The first witness called by Assistant District Attor-
ney Rollins at the sitting Of the Court was Harvey
p. Miller police officer detailed to the Fire Mar
shals Office He arrested the prisoner on the l4th of
November at No. 80 East broadway; Bernstein and
Freeman were also taken into custody several books
and papers were found in Perlstein's possession.
Fire Marshal sheldon was then recalled, and stated
that after perlstens arrest he taken to Police
HEADQUARTERS, Wncre ne MADE statement Qcuy1up
any connection with the firing of the tenement
house referred and avcrrng that he did not know
Levy or any OF the others charged with participation
IN the crime.
Charles E. Perley of the Fire Marshal's Office, who
was examined 1T length ON Wednesday, was also re-
called.
AN UNHAPPY LOOKING rnro.
The defendants Levy aud Bernstein were then
called from the prisoners pen to the bar. and were
positively identified by the witness tho persons in
whose company he had seen Pcrlstein. They wore
an unhappy looking trio. seeming anything but
pleased with the surroundings. Tho witness said
they all together in Siegcls beer saloon at No.
81 East Broadway. the night after the IRE. and re-
maired there until eleven o'clock that night Free
entered the saloon after Persten and after him
Bernstein, Max Levy and Joseph Levy; they all sat
playing cards. the witness watched them through q
hole in tho stained glass Of the front door; on the
STEMS house. and, after remaining there about ten
minutes they went to the house next door. No. 2s
MR.. BRooKE's ARGUMENT
Mr. Brooke. at the close OF the Case for the prosecu
ton, moved the Court to direct the acQuital OF the
prisoner on the ground that there was no proof tend
ing to show any burning or setting ire to the
premises described IN the rst aud second counts Of
the indictments as 1.-The dwelling house OF Isaac
Kocnigsberg'' Tho testimony. he he.d had been en-
trey directed to the establishment OF what done
in tho premises. spoken Ut in subsequent count OF
tho Indictment rs the dwelling house 81 Joseph Levy
OF the defendants. He claimed further, that the
third count OF tho Indictment charging Joseph Levy
with setting fire TO premises occupied by hiInsclft
being iu evidence that person Was therein ut the
time OF the commission Of such alleged act-descrbcd
no OHeucc u0uer Inc sbnute NOun6cl also urBo0 dis
motion to direct acquttaf for the that there
was failure OF proof to show whether the fre was
the work Of accident or design.
ft.AN. MI. ROLLINS HEPLY.
Assistant District Attorney Rollins in reply stated
that 1t was not necessary prove the actual burning
OF any portion of the apartments to sustain the frat
and second COUNTS that If tho building were used AZ
adwelling. Of which there was proof and that par
ticular building was set on fre. the requirements
OF tho statute were complied with and the proof su
cicnt to sustain the indictment. Mr. Rollins further
srgued that the third count in the Indictment Clearly
charged, in his Judgment the statutory cnence Of
in the third degree; that the proof of the
mission of the offence circunsthntial and Il
for the jury to assume fits weight and value.
Judge Cowing, in denying the motion. observed
that he had carefully examined the question antici-
patpg that it would come up for discussion.
ft4l LINE THE DEFENCE. stt
Mr.. Brooke then opened the caac for the defence.
He commended that the evidence offered for the prose-
cution was Of very meagre description. based it
circumstances which could not in any way
incuTpate the accused. 1t would be shown that the
witnesses for the people were entirely mistaken to
the identity of Perlstein, who instead Of being en-
gnsed in acts Of incendarism the night in Ques-
ton. WIS quietly seated in his own home when the
burning said TO have occurred.
The further hearing Of the will be resumed to-
Has