The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-05
ccusr or GENERAL ssssluxs.

Boyle, alias Francis and Peyton, the Alleged
Murderer Of the Michigan sheriff, Sent 20
the State Prison for Forty Years-lnteresting
History Of the Case.
Before Recorder Hackett.
The court room was thronged yesterday, there
being number OF important causes on the calendar.
Assistant District Attorney Hutchings appeared for
the prosecution, and before the trial Of the case
which was continued from yesterday was resumed
he caused noted criminal TO be arrafgned and dis
posed Of without delay.
THE MICHIGAN MURDER CASE.
Az soon as the Grand Jury brought in q batch OF
indictments stephen Boyle. alias Edward Francis,
alias Edward Barrett, was arraigned. The clerk
informed him that he indicted for committing
felonous assault upon John F. Maloney an officer Of
the Fourteenth precinct the LIST inst by firing
pistol at him. The readers OF criminal proceedings
already familiar with the circumstances OF this
case. Ii will be remembered that olfcer Maloney,
while going round his post IN the Bowery. saw two
men standing near a jewelry store acting sus-
picously. One OF them the prsoner went TO the
window and returned to his companion. when both
OF them jumped into butchers cart and drove
away. The Ol1cer pursued them and caught hold of
Boyle's leg and was dragged about thirty ieet but
was compelled TO let go. lie continued his pursuit
through the Bowery 10 Second avenue, when Boyle
jumped from the cart and ran into crowd the
officer still pursuing him. The prisoner threatened
to shoot ollicer MaLoney, and when arrested six
barrelled revolver was found upon his person The
wagon was subsequently searched and black bag
and bar OF iron were found, which showed, beyond
peradventure, that robbery or this Jewelry store
was skliully planned.
He pleaded guilty to this Indictment. The clerk
then SAID .sYou have also been indicted under the
name Of Richard Peyton for a similar offence" The
complaint forth that on September TO- 1855 while
onlcer lutte, OF the Eleventh precinct was taking
prisoner vino was arrested for robbery through
Columbia street Peyton attempted to fire at him and
thus to rescue his prisoner.
In reference to this Indictment, II should be
stased that euded trial by forfeting his bail and
running away. District Attorney Garyn upon
being informed OF this mans criminal career by Cap
tains JOurdan and Walsh, and learning that he was
detained at the police headquarters 10 be sent from
there to kalamazoo, Mich, where he was charged
with numbering the Sheriff, the District Attorney
ordered that this noted criminal should be imme-
diately brought before Justice bowling, who COM
mtted him for trial. The complaint was sent with
out delay TO the District Attorneys onde and the
Grand Jury with commendable promptness, ordered
bill
the prisoner to be arragned and said:May 1t please
your Honor III this case the prisoner having pleaded
guilty to these two indictments 1t Is proper that
should make Few remarks In reference 10 II. Tue
newspapers state that THIS man IL wanted in Kala-
mazoo, Mich, for having as is alleged, Killed the
that offence, there being no capital punishment in
the State Of Michigan, he would SIMPLY be imprisoned
in the state Prison: As he has committed offences
in this county which also visited by punishment
in the State Prison, think that for the sake OF ex-
ample to these desperadoes, who appear to be quite
numerous In chs clty-many undoubtedly coming
from other places and also some being residents
herehe should be sentenced in this court for these
offences. Your Honor can innict almost az severe
punishment upon pleas to these indictments as
could be inflicted In the State Of Michigan for hav-
ing killed the Sheriff there therefore move that
the Judgment OF the court be pronounced upon him.
The Recorder, In passing sentence said:--A requi-
stion has been issued by the Governor OF the state
Of Michigan and there Is an officer now here to take
in charge the body OF this has also been cour-
tersigned by the late Governor OF the state gov
ernor Fenton. But this man being in our midst and
charged with crime here, ! beiieve 1t TO be my
duty to pronounce judgment upon him for the crimes
he has committed here. The officer from Michigan
is here, and II he has the right to the body Of this
man shall hear an argument on that subject.
Boyle three years ago you were arrested for picking
pockets, and you were convicted and sentenced IN
this court TO the State Prison for five years. You
broke Jail after two years servitude and went out
West to Michigan You tried 10 assist In breaking
Sheriff. You have since undertaken to kill police
ofcer eight or nine months ago. Your life has been
stained with the commission OF the gravest Of
crimes. The sentence OF the court is that you be
confined In the state Prison for She period OF twenty
years on each indictment, making forty years. The
this noted criminal was being sentenced.
The trial OF Charles J. Murdoch, charged with bur-
Hotel on the sst q october was 0 concluded The
District Attorney moved to have iioue pr0seQW
entered in the case OF Thomas Passmore, the Code
PENDANT. Counsel for Murdoch placed him on the
stand, and he was subjected to rigid cross-exami-
nation by Mr.. Hutchings The jury retired to de-
hberate upon their verdict.
BURGLARY IN A BONDED WAREHOUSE.
Joseph Gross, Henry Wilson and Henry Mccall
pleaded guilty to burglary In the third degree They
were charged with breaking into the bonded ware
house 13 Stone street on the night Of The Goth OF
January. The case was very clear, because the OIL
GERS found the prisoners on the premises.
The Recorder In passing sentence, said that this
was very bad case, for he was informed by y gen
tleman that nearly 100000 worth oil property had
been stolen from bonded warehouses In the First
ward by gang OF burglars. IL took the majority of
the police OF the First ward TO the prisoners.
They were each sent TO the State Prison for i've
years.
TIE CASE or MURDOCH.
At a late hour the jury In the case OF Murdoch
a nf
denied having anything to do with burglary Re-
corder Hackett in passing sentence, said he had
no more doubt Of his guilt than he had that he was
alive. II was time to put stop TO hotel pillaging
by band OF men OF which the prisoner was one,
and as an example TO others III tins community he
sentenced him TO the extreme penalty Of the law,
which was ten years. Imprisonment In the State
Prison. That was the highest sentence thar could
be imposed for burglary in the second degree.
COURT Or SPECIAL SESSIONS.