The morning call., 1894-07-03
GUILTY OF ARSON,
Verdict Against Benjamin
JessarmitZky.
The Jury Recommends Him to the
Mercy of the Court-Sentence
on Friday.

The trial Of Benjamin Jessarmitzky
charged with arson, was held before Judge
Murphy yesterday and the jury found hin
guilty in the second degree.
The circumstances tnat led to the arrest
of Benjamin Jessarmitsky, published a
the time exclusively in The CALL. were
peculiar and there were traces of very
bunging attempt at a serious crime.
1t was about half past 10 o'clock on thu
evening of Wednesday, May last, tha
something wrong was noticed about the
house at % Aileen avenue, between Fif
teenth and Dolores streets. The neigh
boTs smelt coal oil very strong and finding
nc one about the premises raised an alarm
On Investigation the house, proved to be
on fire, but the flames were soon put out
| without any further damage being done
than mere seorchiug of the boards of the
floors in all the i've rooms of the dwelling.
Fire Marsha! TOwe, who arrived soon
after the alarm was given, discovered a
deliberate plot to burn the house. A reg
ular train of old newspapers, saturated
with coal oil had been laid through the
rooms. connected with kindling wood and
candles.
Jessarmitzky, the occupant Of the house,
was not home at the time, having-as il
turned out tafterWard-gone to MoroscO's
accompanied by his wife. He returned
about twenty minutes past II, and half an
hour afterward he was in custody on sus-
piciOn of being connected with the firing
OF the house. He was brought up the next
day and held for trial on charge of arson.
The trial came off before Judge Murphy
and a jury. and came to the conclusion
yesterday afternoon. Jessarmitsky was
shown by the prosecution to have taken
the house about SIX weeks prior to the fire
and 10 have insured his property for 1925.
! The property was subsequently shown TO
be worth not more than S147 80.
Added TO this evidence was introduced
JessarmitskY's previous career. He had
! been at one time manager for Jo-JO, the
'dOg-faced man." and subsequently an
agent for Singers sewing macnines. lie
seemed to be Jack trades, and had
not done much recently, except to sell
sewing-machine wherever he got the
chance. AT the time of his arrest Jessar-
mitskv and bis wife cOnversed volubly in
German, and when Fire Marshal Towe
interfered he was told that the wife could
not speak English. On the witness-stand
at the trial, however, she continued to
speak English distinctly enough.
After a vigorous defense by eX-Judge
Ferral, Judge Murphy instructed the Jury.
He said that under the law the crime Of
which JesSarmltSkY might De convicted
could not be more than arson in the second
degree. Had there been any person in the
house at the time of the fire the crime
might be arson in the first degree, but as
the dwelling was empty the less grave
charge prevailed. The jury retired shortly
after O'Clock.
The jury retired and about o'clock last
night returned the following verdict: I'VE,
the jury, find defendant guilty of arson In
d06ran ru1an nd n
tendant to the mercy of the court-so say
we ALL"
The prisoner will appear for sentence on
Friday. The punishment for arson in the
second degree is from two years up to ten
years Imprisonment.