New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-02-19

revealed The whole s.,ry q TIRE robbery and became
q witness against bis confsderases.
S.l,n - -. ks,S~nnv

revealed The whole s.,ry q TIRE robbery and became
witness against bis conftderates.
TIE usual objection was taken to his testimony
On account Of the SEX nowlejged nfamy OF bis char
acter. The danger of convictipg anybody upon bis
statements was reinforced BY what he had hi nself
stated as TO bis own conviction on the charge for
which he was under sentence. BE ipsisted that be
was wholly innocent Of that charge and that he had
been found guilty entirely on the false testimony OF
az accomplice. 1t was also suggested that the
public was not likely to gain much by having so
accomplished thief SIS Agar turned loose to fol-
low his profession IS consideration for his evidence
given in this case. But Agsrs story, which was
very complicated and minute, and which his cross-
examination did not at all shake, w,s confirmed a.
to great many points by independent witnesses;
and the Jury, as we'll as the Judges, were so salts
fed Of the truth of il IS, after an absence OF only
ten minutes, to bring in verdict Of guilty against
Peirce, Burgess and Tester.
Judge Martin, who tried the case, appears TO have
been strongly impressed BY Agar. He spoke of
him in bis charge to the Jury as man evidently of
very extraordinary Abilities whose talents and per-
severance, as developed in the conduct Of this rob-
berry, would in any legitimate pursuit have been
certain TO realize him high position and splendid
fortune. Into the feeling Of Agar toward Peirce,
which had led to Agar's becoming witness, the
Judge entered very strongly. The following is
passage from his address to PIERCE when giving his
sentence, as reported in the London journals, and
which, according to the reporter, was received by
the audience with loud bursts of applause:
"You (Peirce) had been long connected with this
man Agar; he trusted you, and he gave you t3Ooo
stock to be invested for the benefit of his child and Its
mother together with 600 his share Of the produce
of this robbery and the rest OF the gold when nad not
been sold. In all, you must have got out OF him about
fl5,C00. This you stole and appropriated to your
own rse II is a worse o5esse declare, than the act
of rhick you hare Just been fond guMy. would
rather have been concerned In stealing the gold than
in the robbery of that wretched woman-ca her har-
lot if you willard her child. greater Vhain tnan
you are believe, does not exist
Nor did the interest Of the Judge for the woman
and her child end in mere words. After the pris-
opers were convicted, an application WAS made to
the Court that the property found in their possession
should be handed over to the South Eastern Railway
Company. But Judge Martin declined to make any
sucn orucl. IL CicaiIy aPPcoieo no '"'~, '""' WI
tain Turkish bonds found in Peirce's possession
had been purchased with money not the fruit
of this robbery, intrusted by Agar to Peirce for
the benefit Of Fanny Kay; and if he had the power
be should certainty order those bonds to be handed
over TO her; whereupon the solicitor Of the Com
pany disclaimed any desire to obtain possession of
any property not the produce of the robbery
In sentencing the prisoners the Judge observed
that although the Crown had the power, it did not
by any means follow as matter of course that
man of Agars character would be released from
prison in consequence Of the aid he had az
forded in convicting his confederates and in refer
ence to this matter one of the counsel for the prose-
cuion remarked that before the trial Agar WAS
given distinctly to understand that he must not ex-
pect any remission Of his sentence in return for tho
evidence which be consented to give. Should be
be released it is certainly to be hoped that be will
not favor the United S ates with any more visits.