Year: 1876




The trial OF Francis f. Marshall indicted for arson in
the third degree in having the complaint alleged,
set fire TO the store No 304 Bowery kept by himself
and wife formerly Mrs Shaw for the sale OF human
har, was concluded yesterday before Judge Glider
sleeve The jury empaneed on Monday last, and
the occupied the attention OF the Court during the
entire week Assistant District Attorney Herring, who
conducted the prosecution, proved that on Sunday,
July H. the accused with his family entered carriage
and drove on Ten minutes later his premises were
found 10 be fire. and the authorities on en-
tcrDg found flames and smoke issuing from two
separate closets, while the floor rubber gas tube
lying with the.gas turned on and rapidly filling
the apartment Mr. Herring argued that the accused
had lighted the ires and then turned OH the gas, be-
levng that explosion would follow. The defence
brought witnesses prove that the gas stove had been


lighted shortly before leaving the house the day Of
the nre by of The young women OF the family for
the purpose OF beating her crimping irons and that
the gas had been turned on for that purpose II was
testified by the accused that the stock hand in the
store was worth about S45,000 1t was insured IN
the Columbia Fire insurance Company for $25 00a He
presented claim against that company for $2,274,
alleged loss by the burning Counsellor William +.
Howe summed up for the defence and Mr.. Herring for
the people. Judge Gildorslooyo then delivered the
longest and most important charge he has yet boon
called upon to give Aner reviewing the evi-
scntng tbcs gist, Of i to the jury in the
cIcarest possible light he continued:-Thero is
no direct or positive PROOF az 70 lncoh-
to The principal fac. to be provedI mean by that the
ncendiarism II you are TO arrive nj II II must be by


series ofother facts, which you believe arc associated
with tho fact In question in the relation of cause and
effect so that they lead your minds TO satisfactory
and certain conclusion. Clrcumstantial evidence Is
founded Upon experience and observed facts and
cusons, showing connection between known and
proved facts and the facts sought to be proved Is
there such connection In this caseY have not un-
dertaken 10 state all the facts and circumstances
proven. So far as ! recolect endeav-
Now you are 10 take into consideration
all the facts and circumstances testified TO
by all the witnesses both Tor and against the prisoner,
and say II in this case there is such connection be-
tween the facts and circumstances testified to ana he
fact TO be proven that you can say that tact also ex
lists From the circumstances proven and the facts be
fore you you conclude that the fact exists
which there Is no direct prooiY You must draw your
conclusions from the evidence not forgetting
that your obligations are toward the public
well as the prisoner Lay aside all preiu-
dice and dismiss all consequences OF your verdict
of the evidence your own good sense,
imagining that because yor in court OF justice
you to use other sense or judge with other judg
ment than II you were IN your own counting rooms or
by your own hresides and true verdict render ac
cordng to the evidence And II, upon all the evidence
and in view OF the testimony givea by witnesses as to
characeraitcr giving that testimony MS TO good char
acter due consideration and allowing it to have such
weight upon your minds, such influence upon your
minds in determining the weight of any other teati
mony in the case as yeu may think IL entitled to-t
then you have any iair and reasonable doubt the
guilt OF the prisoner give him tie benefit Of the doubt
and acqut him,


The Jury then retired to deliberate.


The jury returned at about quarter to eight and in
formed the Court that they unable 10 agree where
upon tho Judge declared that owing the simple char
OF the evidence involved and the urys acknow
edged lack OF any legal tangle he thought it behoovod
the interests Of both of the people and prisoner that
they should carry thoir deliberations further ana
endcavor to arrive as a verdict.


AT lew minutes past nine the Jury announced to
Judge Gderseevc that they were unable to agree upon
verdict, wheroupon they were discharged with the
thanks OF the Court for their faithful consideration of
the case. Mr.. Howe Immediately gave notice that on
Monday next he Should move that reasonable amount
OF boil be The Jury stood nine for acquital and
threo for conviction.