The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-10-04
THE LAZARUS HOMICIDE.
Sentence OF Mcdonald and Clark, tho Ac-
eessortes After the Murder-Empanel-
Hing OF the Grand Jury-PickPockct
Sent to the State Prison, Sc.

As soon az the court opened yesterday the Grand
Jury was empanelled and sworn in Mr. Salem H. Wales
being selected as foreman The Recorder delivered
brief charge calling their attention TO the admirable
pamphlet prepared by the District Attorney for the guid
ance Of grand jurors in the performance OF their duties
and observing that there no matters OF special
public interest requiring notice After stating that there
were great many awaiting their action, and re-
questng them TO discharge their duties with industry
and as much despatch possible the Grand Jury retired
TO their room, accompanied by ofacers
sESrxScs CLARK AND n'DosALD.
Judge Russell entered the and took his seat on
the bench for the purpose OF passing sentence upon
James Clark and James Mcdonald, the former having
been tried and convicted the last term OF court OF
being an accessory after the fact OF the murder Of Harry
Lazarus by Bernard Frcry, and the latter having
pleaded guilty to the charge early in the summer The
court room was crowded by the friends Of The prisoners
who looked with intense interest upon another
in the Houston street tragedy. Clark and Mcdonald
say why sentence should not be passed upon them.
Mr. Curtis counsel for the prisoners responded by say
ins E.v !. n,.... -. co,., So. ..,, ,.u. .u,.
Wits in this matter they set forth the circumstances OF
this transaction. II appears that these two young men
were out the day previous making New Years calls and
tha they were at no time In company with the principal
in that transaction that they met him riery accident
ally in his own house, into which they for the pur
DclnR
they went out Of that house. in his company but fol-
lowed by him. into the house where the transaction itself
took place. The aflidavits show and III your Honor
members the testimony on the trial the other day. the
evidence demonstrated that those men underworld
prevent disturbance there These afhdavts show that
on two different occasonsthey did prevent disturbance
in that house between these two men, and while their
backs were turned the affair occurred The afdavits
show that they had no intention Of assisting this in
his Hight much less aiding him to escape trial, eonvic
ton, sentence and punishment that they followed
by this Fery and against their protest he entered
cation as not to be able to draw the distinction they
should have drawn; that they endeavored to find this
mans house, that they understood that he lived at some
place up town, in Fourteenth street; that when
they arrived in that street they endeavored to
get the number from him in order to put him
to- to bed that he was too supplied 70 answer
they subsequently, not desiring to throw him into the
street and into the snow the weather being cold took
him to the house of of these parties and kept him
night, and that the next morning they took him
with the intention OF bringing him TO tho city to deliver
him up; thai they stopped in drinking place, the
name OF which do not remember and while there, or
there, he arrested by the officer Of the law
1t s further shown in these adavs that far from any
charge being preferred against them at that me they
used and secured by the witnesses
Denalr ivo,1 TIC .....sc. attorney Remarked
to the jury the other day. the trial of the who
tried before your Honor, that it technical offence
do not believe that these morally guilty
of this crime that charged against them in the ndct
ment is mere technical offence, created by the cir
OF tho case which they had no control
earnestly implore the mercy of the Court in behalf of
these two young men. Mcdonald has a wife and two
yonng children dependent upon him for support well
as fathera very respectable czen--whose heart is
broken by this thing. Clark has also young wife and
child, and widowed mother; and, SO far as l have
been able to discover, charge Of theft anything
OF that kind was preferred against them. Their
only misfortune has been their associations, and be-
eve that the experience they have had in this matter
will be salutary warning TO them both. trust your
Honor in consideration OF what have set forth, will
deal with them in mercy.
Judge Russell said The trial of Clark developed a
clear case, showing the action of Mcdonald and him.
Tho evidence in the showed that when Clark and
Friery came out Friery stumbled and Clark threw him
in the sleigh. They started Mcdonald took the reins
and put the horses run. All the facts proven
suenty to satisfy the jury as to the guilt of both par
tics Mc,.auad pleaded guilty TO the charge His
roundings are bsd For years he has had very bad
puaiion n roter ard rowdy in this city; and, under
the circumstances FEEL Tat the punishment am about
to impose is light compared to s previous bad charac
ter The OF the Court is that Mcdonald be
fined in the State Prison for two years Clark has put
to the trouble of trial. His surroundings are not as
bad the other except the circumstance Of charge or
felony pending against him. The sentence OF the Court
is that he be confined in the State Prison for two years
and three months.
young man, named Jarrett Barry, who was jointly
indicted with five Others tried and convicted OF bur
gary in the third degree in entering the Sherman
House. No 515 Second avenue, the LIST Of july and
stealing small quantity Of cigars. The prisoner
to leave the premises in company with his accom-
plces by a witness who positively identified him. On
nqurng Of the officers OF the ward the Recorder learned
that the previous reputation OF Barry was bad, and sen
tchOcu MIN W gsoto ~ 'hc 1'ss'S
Prison
AGASG or prcKPocKEn.
There were large number Of pckpocket. put on the
calendar for trial. but learning the temper of the Court
In reference to this class OF offences, most OF them
pleaded guilty, and thus saved themselves the full
penalty which otherwise would have been enforced.
Christopher Bray charged with stealing three hundred
dollars worth Of clothing from Frank Plait No ~ East
Sixteenth street, on the 3oh OF June pleaded guilty TO
petty larceny. This house lburglaiously entered
during the absence Of Mr Patt from the city, but the
proof against the prisoner was slight the above plea was
accepted and he sent to the Penentiary for three
months
Joseph Johnson colored boy charged with stealing
silver watch from George Freeman, while he asleep
in porter house in Elm street pleaded guilty TO petty
larceny. The youth characteristic specimen OF his
He frankly answered several questions put by the
Recorder confessed that he arrested for fight
street, and didn't know what he took the watch for
Some suggested that il 10 ake note OF time,
loosely Informed the clerk that the boy Joseph had
the practice Of his profession one occasion white
washed the walls OF the City Prison The Court sent him
to the Penitentary for six months.
Thomas Mulgan, who pleaded guilty on Monday TO
assaultng officer Wells, and against whom Is another
indictment for stealing from returned soldier was sent
fine Of two hundred and fifty dollars
William johnson, indicted for stealing pocketbook
containing twenty dollars from Mrs Mary Devne, OF
Jersey City, the 10Th Of August while passing out OF
the steamer City Of Boston, pleaded guilty TO petty
larceny from the person. He was sent TO the State
Prison for Two years and six months.
James Wilson, charged with stealing silver watch
worth thirty five dollars from James Mcdonald when he
was coming Of the New Bowery theatre also pleaded
guilty 10 larceny from the person The Court said u he
had been tried and convicted by jury he would have
been sent up for Eve years; but by pleading guilty
the punishment was modified to four years in the State
Prison.
Richard Supple charged with stealing silver watch
worth twenty-five dollars from John Gaier while passing
through Eldridge street, pleaded guilty to the charge
VIM. /. Johnston, alias Vincent Graham, who was in
dcted for stealing pair of gold spectacles from the
pocket OF Mrs. sophrona Ackerson while riding In
Eighth Avenue Railroad car pleaded guilty to larceny
from the person. These prisoners were remanded TIL
Friday for sentence.