The New York herald., 1869-02-11
ESCAPE OF CONVICTED BURGLARS.

One Of Them Rccaptured-Arrcst on Suspicion
Of C0nniving at the Escape-Committnl Of
the Prisoner by Judge Hogan.
Yesterday morning Charles Smith, James Jones
and Thomas Moore were convicted in the Court OF
General Sessions for committing burglary ana rob-
berry at 20 Cliff street on the oath ult, they having
been arrested by olcer Dunno, OF the Sixth precinct
Smith was sentenced to four years and nine months,
James to five years and Moore to four years and nine
months at hard labor i'll the State Prison at Sing Sing
Sentence being pronounced on the convics they
chained together, placed In charge Of Thomas Jack
son, officer Of the court who Immediately started
to the Tombs with them. On reaching the corner OF
Centre and Duane streets some twenty-five or thirty
friends OF the cOnvicts gathered about the officer,
some OF them drawing knives, pistols and other
weapons, AZ the same time using threatening Ian.
At that time the convict Moore slipped his hand
from the iron cuff In which 1t had been secured
smith @ AN; and Jones in charge charge Of So two citizens ss
with whom he was acquainted and pursued
the fugitive to the corner % of chatham ana Baxter
During his absence the citlzens having In charge
Smith and Jones were surrounded by band OF out
laws and rufiians who threatened them with per-
sonal violence ana intimidated them to such an
extent that to save themselves they felt compelled
TO and did release the convicts, for that moment.
man in the crowd named John Mccarthy pass to one
of the convicts wuat appeared to be a key with
which he unscrewed the handcuf about
his wrist and thus efectuay freed himself
and also his confederate both OF whom Instantly fed
and made their escape. Nigi.ant Efforts were In
stantIy made to obtain some trace Of the convlcts
but without success and lheg are still at large.
subsequently o!ilcer Doan Of the sixth precinct.
arrested John Mccarty, charged with aiding and
abetting in the escape Of the convicts Mr jackson
subsequently appeared be'ore Judge Hogan ana
made an affidavit against the prisoner, Of which the
''''O"'s DEPOSITION = OF THOMAS jackson.
Thomas Jackson OF No. 16h Morris street being
OF February, ls6s he was deputy sheriff stationed
at the Court OF General Sessions Of this eiy; that
on said day as such deputy sheriff and court oicer
three prisoners, Charles Smith, James Jones and
Thomas Moore, were delivered in deponent's charge
to be delivered to the Warden OF tue City Prison,
said prisoners Iavng been convicted OF felony and
severaily senenced TO servitude In the State Prison;
that while conveying said prisoners through Centre
street and when near Duane crowd OF people
gathered around deponcnt, and deponcnt saw
Thomas Moore slipping his handouts: tnat said
Moore did slip his handouts and started to escape,
whercupon deponent turned said Moore and
Jones INTO the custody OF the citizens about;
said McCarty ran against deponent ard followed
him to the corner of City Hall place, where he ran
across deponents path and attempted TO procure and
abetted in the escape OF said persons that said Jones
and Smith had each been convicted OF burglary ana
had been sentenced, said Jones TO four years ana
said Smith 10 four years and nine months In stale
Prison; deponcnt started IN pursuit OF said Moore
and pursued hin through Centre street, city Hall
place. Pearl street. Chatham and INTO Baxter street,
where deponent caught said Moore that deponent
Identifies John McLarty, now nere as one OF the
crown OF PERSONS VINO pttLc. eu dTOuuu tCDoUeUb NJ
the time OF the escaping OF said persons and while
deponent was pursuing the prisoners.
DEPOSITION or CHARLES HIGGINS.
Charles Higgins, Of NO. GO Lewis street, being duly
sworn, says that he saw officer Thomas Jackson In
charge Of three prisoners in Centre street, two OF
said prisoners being handcufed; that deponent saw
John McCarst, now here, about said prisoners; at
the time dcponents attention having been attracted
by the cry Of Escaped prisonerii and deponent saw
said McCarty hand something TO one OF the prison.
ers who remained handcuneG, and imme lately the
party to whom the article was banded began TO re-
move the handcnffs, and the prisoners became
separated, both running away.
McCarty IL twenty nine years or age. native OF
this city lives at No. 80 Forty-fourh street and IL
clerk. lie pleads not guilty TO aiding and abettsng
In the escape Of the prisoners. He confessed, how
ever, 10 Judge Hogan that he was brother TO the
prisoner Moore, who had found faut with him be-
cause he had not procured counsel and rendered
otber aid which had been required OF bin. Not
knowing. as he said, that his brother was TO be
tried yesterday, he went 10 court. He met him
coming down tho Court House steps chained
to smith and Jones' and then, 70 his
surprise and horror, learned lao had baon
sentenced 10 the State Prison for foul years ana
nine months; he followed the prisoners up Centre
street and saw hts brother, and the Others un away
hut did not assist either of them lie denied having
made threats against tho life Of Captain Jourdan
but told Morgan Jones, to whom he mad letter,
that he would make out Captain Jourdan n list.
Judge Hogan committed McCarty to the rombs
for trial without bail, ana Immediately transmitted
the papers In the case 10 the District Attorney II
ofico for action by the Grand Jury.