The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-01-16
The Case OF the Two Policemen Charged with
Burglary.

Mr. Taylor the clerk OF Mr.. Hopkins The following Is
the evidence up to the time of adjournment =
William Taylor, being sworn, says-He is clerk in the
store OF Lemue IL Hopkins on the night of the 1lth
OF January, instant he into the store of Farr
Briggs about half past 10 O'Clock and Mr. Hopkins came
in about ten minutes after our seats in this ad
joining store of Fa Briggs the hole in the part
watched during the night my position was nearhe
hole and Mr. Hopkins took seat by my side was immedi
ately in front Of the hole which gave full view of
the store door, without turning either way which door
supposed the burglars would enter we remained there
until about three o'clock the following morning. was
awake during the whole time having been in bed the
greater part Of the previous afternoon at about clock
observed the figure of the outside OF the store
door on West street.-the upper part of the door being
glass which enabled me TO the outside;
then heard the sound of key in the lock- and the
man enter the store and close the door after him
after saw the man have light in his hand which he held
up before nm as II ne was making an examination
he then advanced up towards the partition where was
sitting within few feet, and then passed down small
passage Way between two rows OF barrels, to the right
then lost sight of him. and the light disappeared about
the same time immediately afterwards the light APP
peared again, and disappeared almost instantly then
heard noise, as if the doing something In the
store; he was out Of my range of sight; the noise
heard was such as would be made by rumbling crush
sugar against barrel; then woke up Mr.. Hopkins
who was doing by my side for the purpose of showing
Hopkins then looked through the aperture, at which
time saw the light in the store; when he looked long
enough satisfy himself he covered up the hole with
piece of cloth, and said to had better get
quietly possible then unfastened the door Of Farr
Briggs, where we were and Mr.. Hopkins and myself
both took clubs along with US; Mr. Hopkins went ahead,
and remained to close the door after this door was
ON Franklin street; Mr.. Hopkins went towards West
street, and when came up saw Mr. Hopkins with his
hand on the shoulder Of man who stood at the corner,
the platform Of the store he a much larger man
than Hopkins Hopkins then said to me, This is Of
them William; take charge of him, words
that effect; did not take hold of the stepped up
and stood in front of this and Hopkins went to the
store and took hold of the knob of the door immedi
atey stepping to this he passed his hand
quickly into his pocket then told him that if he pulled
anything out OF his pocket to hurt me with would
shoot him. he then drew his hand away from his pocket
lie then stood still For about half minute, and then
turned quickly around and started to go down West
street towards the Battery called to him and told him
il he attempted to run away, or show any dspo-
sition to leave the place, | would shoot him:
and close up to me- and looked full in the
he then turned around quickly and started to Off
then raised an alarm raped three times with club
and called police and watch; shortly after officer
Ford came and directly Ford came up heard the
inside the store say-"Ford you know me I'm officer
'Iet out :; he said moreover, before he came out
let me out explain all this' the here in court
named William Kennedy. Is the man, knew him to be
police officer when saw him from the store; Kenne
dy then began to make explanation TO Mr. Hopkins he
said he had followed two men down there who had bag,
in their possession and that passing along that way ANA
seeing the door of our store open he went in don't
collect what he said he went into the store then
proposed that all 60 to the station house and that
neighbor Mr. Connolly, and policeman Ford go with
cannot recolect what Kennedy said he went into the
r.
and rememeber The witness said he had tried but
not recolect he knows he said something all then
went to the station house Of the Fifth ward arriving
at the station house Kennedy made kind of explanatory
statement to Assistant Captain Huchngs duty about
hi. being in the store and Smith being shot, the Cap
matter was rightly understood kennedy had left tho sta
ton house; neither myself, Mr. Hopkins, or officer
Ford made any charge before Kennedy left the person
whom shot Ia, a .incc ascertaned i named John n
Smith Il pUlcemafOt the Fifth ward at the time saw
Smith he lid not state TO me that he was m officer nor
1sCpa pmh nj puh bn
al any time inioim NE that he policeman; did
he make any exl lanaon to me.
walked to The s ton house aud afterwards stripped and
had his wound examined l was present in the room a
in the station house all the time do not know the
time Kennedy left the station house; suppose it
about twenty minutes after we first came TO the station
house that missed Kennedy; the why watched
the store was in equcncc OF having been robbed pre-
vous OF quantity OF segars, and wanted to catch the
thief; the store contains groceries, liquors and egars
for Wholesale and retail store is fronting the wharf
have neaId Of barges being robbed OF the piers
the Erie railroad depot do not know that the door
of the was locked it was the practice of Mr. Hon
kns 10 lock it, ard supposed it locked heard the
door unlock and when the man entered think he ad.
vanced three four steps and then the light disap.
Ieared; suppose the first light might have lasted about
minute; shortly after the light reappeared, and went
out again almost Immediately; then heard noise: the
why did not wake Mr. Hopkins when the thief
entered was because wanted TO see how the acted
in the store and when heard the rumbing noise mott
tilted Mr. Hopkins left the store locked the door, AMI
went 10 the and there Smith the or
Franklin and West streets did not take hold Of smith
because had n club in hand and six barrelled
volyng pistol in the other the club in my left hand
showed him the pistol when he attempted to put his
hand into his pocket and said would shoot him if he
attempted 10 pull out any weapon to inure me: when
smith started to leave me he went in the direction of
Mr. HoI kns who was holding the handle of the door
wien fred The pistol Smith going of in the
direction towards where Mr.. Hopkins stood. the second
time smith started was quicker than the first
Q.-Why did you not call for assistance when you
held smith at bay with pistol and cluby
Al was too much occupied; did not know but
what he might blow my brains out; did call for
sistance until after fired the pistol thought il occu
pied myself in giving an alarm the would escape
should suppose when fired. smith ten
twelve feet Distant he was near Sr Hopkins at the time
he on the platform OF the store he did not attempt
Q.-Did you see this man Smith do any act to break
into Mr. Hr Hopkins store any than stand on the
corner of the streetS
Al did not: cannot tell why did not follow after
Smith; shot him because he went oil when told him to
remain.
Q-Thcn you think you was justified in shooting man
down because he left you when you had ordered him u
remain still notwithstanding you had not seen him doing
any act excert standing on the corner OF the street,
Mr.. Tallmadge-Well, very glad to Mr.. Blunt
the District Attorney present who hope VIII take cog
niaancc of this bold declaration OF the witness, who
thinks himself justified in shooting man down because
he don't stand still and attempts 10 walk away. hope
the District Attorney viii that this witness gets JUS
Mr. Blunt reply said he did not wish any comments
made on the ut present.
Mr.. Tallmadge-I am not commenting on the tcstmo.
ny; only called the attention of the District Attorney
TO the declaration made by the witness.
Mr.. Blunt-Al We want at present is the facts.
The court here took recess until two O'Clock.
AFTER REcEs.
Henry Hutchings, being sWorn-Says he Is Assistant
Captain Of the Fifth ward police that a about quarter
before four O'Clock on Wednesday morning, January H.
Officers Ford and Kennedy Mr. Taylor Mr. Hopkins, Mr.
Snoden and others into the station house, kenne
dy commenced telling about following two three
men down Franklin street and when he got on smiths
post he told Smith the susrcons he had of the men in
question: he said then that he either the door OF
Hopkins store open else he tried It and found it
lie then told Smith 10 watch the outside while he
would himsel 90 inside and watch and while he in
the store Smith shot by Mr. Taylor Mr. Taylor whom
did not know standing before at the time and he
Has tie alluded shooting the pistol supposed he
the thief and asked him his name Kennedy then said
Oh he's not the man. the two thieves escaped
At this time Smith into the station house he walked
70 90 into the private room he threw open his coat
oIenod his rantaoons and showed the wound in the
lower laH Of his back Immediately sent the doorman
for Br Kbourne before the Doctor came told Kennedy
to take smith ir the back ROOM where there Gre
which done left Kennedy and Smith in the back
SOL Mr. Mil mi m o A Dri.