Peverelly v. The People.

the county of New-York aforesaid, clerk, on the sixth day of July, in the year of our Lord one thousand eight hundred and fifty-four, at the ward, city and county aforesaid, with force and arms, about the hour of twelve o'clock in the night of the same day, a certain warehouse, of him, the said Charles A. Peverelly, there situate, feloniously and willfully did attempt to set fire to and burn; which said warehouse was then and there adjoining to a certain inhabited dwelling-house of one John Power, he, the said John Power, then and there being within the said dwelling-house, and the said dwelling being endangered by such attempt to set fire to and burn, against the form of the statute in such case made and provided, and against the peace of the people of the State of New-York and their dignity.

Second Count.-And the jurors aforesaid, upon their oath aforesaid, do further present: That the said Charles A. Peverelly and Theodore L. Peverelly afterwards, to wit, on the day and in the year aforesaid, at the ward, city and county aforesaid, about the hour of twelve o'clock in the night-time of the said day, did, with force and arms, willfully and feloniously attempt to set fire to and burn a certain other building of him, the said Charles A. Peverelly, the same not being a dwelling-house, nor usually occupied by persons lodging there at night; which said building was then and there adjoining to a certain inhabited dwellinghouse of one John Murphy, he, the said John Murphy, then and there being within the said dwelling-house, and the said dwelling-house being endangered by such attempt to set fire to and burn, against the form of the statute in such case made and provided, and against the peace of the people of the State of New-York and their dignity.

Third Count.-And the jurors aforesaid, on their oath aforesaid, do further present: That the said Charles A. Peverelly and Theodore L. Peverelly, on the day and in the year aforesaid, at the ward, city and county aforesaid, with force and arms, about the hour of twelve o'clock in

Peverelly v. The People.

the night-time of the said day, a certain warehouse, of him the said Charles A. Peverelly, there situate, feloniously and willfully did attempt to set fire to and burn; which said warehouse was then and there adjoining to a certain inhabited dwelling-house of one Maurice Donovan, he, the said Maurice Donovan, then and there being within the said dwelling-house, and the said dwelling-house being endangered by such attempt to set fire to and burn, against the form of the statute in such case made and provided, and against the peace of the people of the State of New-York and their dignity.

Fourth Count.-And the jurors aforesaid, on their oath aforesaid, do further present: That the said Charles A. Peverelly and Theodore L. Peverelly afterwards, to wit, on the day and in the year aforesaid, at the ward, city and county aforesaid, about the hour of twelve o'clock in the night-time of the said day, did, with force and arms, willfully and feloniously attempt to set fire to and burn a certain other building of him, the said Charles A. Peverelly, the same not being a dwelling-house, nor usually occupied by persons lodging therein at night; which said building was then and there adjoining to a certain inhabited dwellinghouse of one Edward Burke, he, the said Edward Burke, then and there being within the said dwelling-house, and the said dwelling-house being endangered by such attempt to set fire to and burn, against the form of the statute in such case made and provided, and against the peace of the people of the State of New-York and their dignity.

The eighth count was as follows:

Eighth Count.-And the jurors aforesaid, on their oath aforesaid, do further present: That the said Charles A. Peverelly and Theodore L. Peverelly afterwards, to wit, on the day and in the year aforesaid, at the ward, city and county aforesaid, about the hour of twelve o'clock in the night-time. of the said day, did, with force and arms, willfully and feloniously attempt to set fire to and burn a certain building of

Peverelly v. The People.

John T. Johnson, the same not being a dwelling-house, nor usually occupied by persons lodging therein at night; which said building was then and there adjoining to a certain inhabited dwelling-house of one Timothy Hassell, he, the said Timothy Hassell, then and there being within the said dwelling-house, and the said dwelling-house being endangered by such attempt to set fire to and burn, against the form of the statute in such case made and provided, and against the peace of the people of the State of New-York and their dignity.

The eleventh and twelfth counts were as follows:

Eleventh Count.-And the jurors aforesaid, on their oath aforesaid, do further present: That the said Charles A. Peverelly and Theodore L. Peverelly, on the day and in the year aforesaid, at the ward, city and county aforesaid, about the hour of twelve o'clock in the night-time of said day, with force and arms, a certain warehouse, known and described as one hundred and forty-seven Front-street, in the ward, city and county aforesaid, feloniously and willfully did attempt to set fire to and burn; which said warehouse was then and there adjoining to a certain inhabited dwellinghouse of one John Murphy, he, the said John Murphy, then and there being within the said dwelling-house, and the said dwelling-house being endangered by such attempt to set fire to and burn, against the form of the statute in such case made and provided, and against the peace of the people of the State of New-York and their dignity.

Twelfth Count.-And the jurors aforesaid, on their oath aforesaid, do further present: That the said Charles A. Peverelly and Theodore L. Peverelly afterwards, to wit, on the day and in the year aforesaid, at the ward, city and county aforesaid, about the hour of twelve o'clock in the night-time of the said day, did, with force and arms, willfully and feloniously attempt to set fire to and burn a certain other building, known and distinguished as one hundred and forty-seven Front-street, in the ward, city and county afore

Peverelly v. The People.

said, the same not being a dwelling-house, nor usually occupied by persons lodging therein at night; which said building was then and there adjoining to a certain inhabited dwelling-house of one Patrick McCarthy, he, the said Patrick McCarthy, then and there being within the said dwellinghouse, and the said dwelling-house being endangered by such attempt to set fire to and burn, against the form of the statute in such case made and provided, and against the peace of the people of the State of New-York and their dignity.

L. B. SHEPARD,

District Attorney.

And the said Charles A. Peverelly afterwards, to wit, on the eleventh day of August, in the year of our Lord one thousand eight hundred and fifty-four, at the place last mentioned, before the said justice above named, came in his own proper person, and being brought to the bar here in his own proper person, and arraigned upon the said indictment, and having heard the said indictment read, and being asked whether he demanded a trial upon the said indictment, answers that he does require a trial thereon, and says that he is not guilty thereof, and demands that he be tried upon the said indictment separately from the said Theodore L. Peverelly; and thereupon, for good and ill, is put upon the country.

And Lorenzo B. Shepard, Esquire, district attorney for the city and county of New-York, who prosecutes for the people of the said State of New-York, in their behalf doth the like.

And afterwards, to wit, at a Court of General Sessions of the Peace, held in and for the said city and county of New-York, at the City Hall of the said city, on the thirteenth day of November, in the year of our Lord one thousand eight hundred and fifty-four, before Welcome R. PAR.-VOL. III.

9

comes.

Peverelly v. The People.

Beebe, city judge of the city of New-York, and justice of the said court, comes the said Charles A. Peverelly, and the said Loronzo B. Shepard, Esquire, district attorney, likewise Therefore let a jury thereupon immediately come before the justice last above mentioned, of free and lawful men of the said city and county, each of whom hath, &c., by whom the truth of the matter may be better known, and who are not of kin to the said Charles A. Peverelly, to recognize, upon their oath, whether the said Charles A. Peverelly be guilty of the felony in the indictment aforesaid above specified, or not guilty.

And the jurors of the said jury, by John Orser, Esquire, sheriff of the city and county of New-York, for this purpose empanneled and returned, to wit: Henry Barnard, William Jones, Daniel W. Devoe, David Griffiths, Francis A. Tiffany, Lawrence Dufour, James T. Stratton, Henry C. Ball, George J. Penchard, John W. Kilsby, Stephen Robert, Edward O. Jenkins; who, being called, come; and who being then and there elected, tried and sworn, well and truly to try and true deliverance make between the people of the State of New-York, and the said Charles A. Peverelly, then at the bar, whom they should have in charge upon the said indictment, and a true verdict give according to evidence; who, upon their oath aforesaid, say, that the said Charles A. Peverelly is guilty of the felony above charged in the form aforesaid, as by the indictment aforesaid is above alleged against him.

And upon this, it is demanded of the said Charles A. Peverelly whether he hath or knoweth anything to say wherefore the said justice here ought not, upon the premises and verdict aforesaid, to proceed to judgment against him, who nothing further saith, unless as before he has said. Whereupon, all and singular the premises being seen, and by the same justice here fully understood, it is considered by the said justice that the said Charles A. Peverelly, for the felony aforesaid, be imprisoned in the