The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-23
CRIME IN New YoRk.
Court Of Ger -eral Sessions.
Before r. .coraer psrnnra

Before scorder Barnard
A piSpFRAn nuR0iAp. ssSr No TIE STATE pFsscN FOR
TWENTY yskRs-
Oct n.--Thc sost of day was occupied in irving
yothss mar 80 Thomas Kelly who was charged with
egnSng "A aggravated assault upon David c. Davis IN
OF TIC Seventeenth precinct As wiU be seen in
So sgqul, holly o. the most notorious burglars
Sluosn " the authorities
Tho complainant, officer PAWS, dapesed that abeut two
A. n q the cd OF November, 1888 while ho was nassing
through Edrage h. in tn. rear Of the
house NJ. nc Of the aclve soon the man
saw ,e witness re went behni house, followed by
Laws He found the prisoner in tho yard, and whom
asked what tc'ng there, he evacd the question
qho complainant se' drew bis club ofhis belt where
anon Nelly pa sentgda pisss and dred IT, che ball passing
s,s IL AZ ioalS n, fence Officer DAVIS
ain w.lh hs ciE which time second pistol red
aS an tusuat9 uaa %nereat,on two men rus ned at
LIN and beat agm sae head with their ps oils. As
m, oil cor -Aey too mach for him, he fed fol-
iawru by ti,as and ~ they pursued him he heard a
,oe saying f0ii hlE Kill him. the of bib tho
ncn an ". alley way escaped, subsequently
lie PISTOL ,,fodaca found It's entrance
The fee cAanshct the house ia Edridge street,
10 lie hsse Wiz re- hey found men aud found that it
had bes4 bToke. open and a quantity OF goosis taken
ssom IL @
dun VITO sire resided AT ~ Church street; that
se wss the wte OF John Gordon confined in the
lonhs albeit eight mo.ats since resided in Edriige
street betweoS Ryngtcn and Stanton streets She
ttpl sc, % their house sunday night and urged
her husband - 80 out with An, asking now the place
y.uit be successful in perperating burglary not;
Gordon cons1tod TO accompany Kelly and the former in
sguo@i his wife TO wstch and lot them know when an
sight; sfle did do and the
Up the alley way he caught them. Mrs. Cor
heard pistol snos, and soon after the rstarued
the house her husband bleeding the head, If he
lad been beaten. e officers then visited the house and
Instituted search fer the criminals, bat did
very closely, for Mrs Gordon stated that Kelly and her
husband IA the house ,..+..-...
Key was not arrested TIL September, nine months after
the affair ard na It not been for the furnish
cd b. Mrs Gordsa he would have euded the officers Of
law The counsel for the defence failed 10 produce
auy testimony tut addressed the Jury AZ LENGTH arguing
That notwithstanding the previous bad character Of Kelly
isre sufficient positive evidence TO warrant them
Mr. ssda Sck the District Attorney, followed
abe speech for the prosecutions maintaining that the
stnony clearly established the guilt Of the accused
The Recorder charged the jury in very impartial
n,r and after celebrating for few moments they
HarDod with verdict u guilty.
The prisoner was arragned, and on being asked why
sentepoe should not be pronounced spon him positively
IRONS proponndsd by the Court which showed that be
very smart but depraved fellow.
The Recorder IN oass.ng sentence spoke as follows
Impose severe sentence upon you am led to do this
consequence not only Of the grave charge OF watch you
have been convicted but also from the that you have
heretofore been Sxie prison Cor burglary-an offence
similar To the present You were engaged on the
when detected sou deliberately fired pistol shots at
re ucer with the intention TO kill him. Ny experience
on The bench has convinced me that when person in
sends a burglary, and has on him loaded pis-
s be intends, he finds necessary for his escape, to
had cihcr OF your pistol shots taken effect, There
eon,e three or four indictments against you In this Court
wVad be found guilty. My duty 10 the public compels
me- oy severe sentence 10 protect their lives aud
property II is useless to attempt to do so by light
tepee or mistaken idea Of sympathy in the hopes Of
reformation II is absolutely necessary check the
siaaty increasing burgaries now taking place In our
Midst have therefore determined TO send TO the
sate pron hard labor for the of twenty years
When his Honor announced the sentence, Kelly voci-
frased- q Good, God" adding, 81 would as lief have
thai Is three years"
Edward Allen, a respectable looking young man, was
placed on trial. charged With perpetranng assault
Richard Dixon, the 3ist OF july by attempting to
ahoot him in the neck with pistol bali The planant
tcs,hcd ais return the prisoner
intimate terms with his wife, ard meeting him
With her a certain occasion he (Dixon said You're
fine maa--ant your be replied: . Stand back III
Ehcot you;' and as Dixon attempted 70 reach over
stTike him. Allen fred the pistol All other witnesses
Or the prosecution confirmed the statement Of the com
Mrs wilson the mother in law Of Dixon testified tina
txon assaulted her and knocked her down, and tina
b, the pistol fred Allen threw four or fvt
sights and bottles at Dixon of which struck him ii
snow being four o'clock, the further hearing of thu
ease was postponed I'LL Friday morning.
o. u Gas the Recorder t,ok his seat the
bcnc T. the trial of Edward Allen, charged with commit
hga feloious assault Richard Dixon, was resumed,
when large number of witnesses produced for the
detenc e. whose evidence show that Allen
selfde, tnce Tie jury convicted him Of with
dlnger weapon, with intent TO do bodily harm and he
rei handed for sentence.
mK CIR JURY DswAReEp-rwo IMPORTANT PRESENT
xES1s RELATIVE TO WARD JUSTICES AND prsRIPu
TEsENL
The Cir md Jury into in the afternoon and
presented batch Of indictments through their letsnsp
Them. and asked TO be discharged.
The svh aned presennents were handed the Clerk,
who in COZ ~equence Of trial being in progress at the
tme dri,ne TO read them, and handed them TO the
nressnta,ves Of the press Tor publication -
II vsEsTaE,;rs OF TIE GRAND JURY
Gfns and gsr ss0s 1 q sss o Ts ~
YORK do pos ee iushed closng without
% D xsl as,as ss, :. much
as The Grand nq could control to the exminson Of the
rnshed 20 show police ahf,y discharged
us duty deteon snd srresg the evil doors their audsbe
sssidu have been waste 4oer by the proceed
ings sce justices ano Alermen without any
la In oar VOC Anyl cases me evi deer aiier
been diseareed snd psrmi ed large BY these
s!ss .sss %ss i 2 ss%s
osT ere avs which sa exists of INFINITELY %
ss and q more wound fa9aiss and M so an
kept as e mng sns s De fIe,sas or
.sr home 70 sns pockets and
re s baa 1s U eecde vss M an once i9 Judiciary
we Ws ne EVIL W Of n.on.
s sps s p .a ss
ssss 4 'a &c s
indic,a M turn by srrsordn, eny electors;
and midst created nd sustained combination OF
dangerous character and
Rhich timely checked, VII. hin put A. naugh all power
70 arrest progress of Nrpe. We ask better
evidence of the marked 0oereace between tine
elected and tae appointed an has been furnished
In our examination Of the VS. performed by
rolce, who appointed by responsible power, aAd
many law justices who elected
hand evidences of ygauce oeiecng and arres;ng
crime other equal uess 70 discharge
evil ru ell further ussfiiy In such
CT the police rendered W useless and abortve
II employed Ia pouring water int Saaeve II would be
equally Idle present grave exstg VI without Offering
We therefore, bile asking enange Ia the
eeoug Ward just ne&, would
ask tribunals shall be Oiled srsons Appointed
BY Jrs,ices of supreme and eperier Courts with
said wsd Justices from Wise on evidence
ncapaciiy nessars In oaice This trsPosed change
ORTIZ trial expelnent, surely s.a prove worse
which givee evl wAss "a The most
~. ming chs 18th the proof before ,as We fee!
eange Of SOME We op ATOP ed,
he gpnf s.,f q