The New York herald., 1870-03-10
EOODWINKING JUSTIC I
How shoplifter is Lifted Out OF the Clutche5
ot the Law and 10 Not to Be Found When
wantod-He Gets Sent up in Penn
sylvania and is Seen "Walkiny
Down Broadway" Afterwards.

Az an exempincaton OF the manner IN which
justice is administered in tins city the following
case ID citeu In which IL is shown that CRIMINALS
alloWed every facility to escape punshment, pro-
vided they nave suilcent means:-A rather intelli-
gent weiidressed man, giving the name OF Charles
Hart. notorious member OF the swell mob belong.
ing to the st. Bernards crowd entered on the l3th
OF last December, the jewelry store or Brown
Spauldlng, and requested permission TO look at
some goods.
Oae OF the clerks. Mr. George Il. Benan, exhibited
several articles and finally nad MS suspicious
aroused by the singular conduct OF Hart. Before
the pretended customer leit the store Mr.. Behan
ascertained that quantity Of diamond, pearl and
emerald jewelry, valued ~ $4,000 nad been stolen.
lie accused Hart OF the theft. but the latter denied
all knowledge OF the goods. Beng pressed on the
subject ne nnally put his hand into the inside pocket
Of his coat and drew forth the missing jewcry. An
officer was called In and Mart transferred 10 his
custody. The prisoner was iully committed with
out bail by Justice Hogan at the Tombs, and the
case was called before the Grand Juy the LIST OF
February. But Hart IN the meantime had been nd.
mitted to bail in the sum OF 81 0oo and the first In
timation the nrm robbed had OF his release was an
accidental meeting Of Mart and a confederate in .
Broadway store by Mr.. spauding, who asked him,
"What are you doing here's" Hart at iiist feigned
astonishment, but eventually admitted that lie had
been released on $4,000 bail. on hearing OF
this Mr.. Brown wrote a letter to Dis
trict Attorney Garvin, informing MIN or the
circu instance and urging an early prosecution. a.
the whole community OF jewellers desired to have
some protection in the punishment OF these thieves
who heretofore were difficult to convict and more
difficult TO retain In prison when sentenced. The
result or the letter was that sne case was set down
for trial in January; but Mr. Howe. the counsel for
hn 1aTn nAnnY cnA hfotin ftv In flC1u
that the would not be called until the February
term, and such was the endorsement on the indict
ment. 1t had evidently been forced into The cacn-
dar on account OF Mr. Browns representation that
the prisoner was At large on insunclenC BAH. Mr..
Howe also stated that Hart hao lett the city and
would not return until February. FOR Tie third
time three OF the members OF the nrm OF Brown
& Spauoing were Obliged TO leave their business
IN order to secure the punishment OF
man reputed to be worth S10.0u0. and who had
offered them $4,000 for the goods he had attempted
TO steal. But on the 18th Of February, the day set
down for the trial, no response was made when the
case was called. Mr.. Howe was sent for and stated
com mitted q burglary, was convicted and sent TO
Moyamensng prison. Consequently he could not
this statement and allowed tue matter to drop as
the District Attorney said that bail N such q case
had not been forfeited. Last week. however; one or
the members Of the urm saw Hart and the con.
federate he had previously met with hun
walking Oh Broadway, and, as he passed, the
convicted burglar and shopliitcr smied anaoly
and leered triumphanty. Nj Howe, on being In
terrogated by The HERALD reporter. declares that
Hart ls at present in the Pennsylvania State prison
OF MQyamensing, and n he had received pardon he
would surely have known about It. lie saiu the
prisoner was one OF the smartcst thieves in New
York. and 1t Is not likely ne would pe IN THIS city
knowing that bench warrant out for his ap-
prehenslOn Mr.. Howe could not produce m ofilcai
document to show that Hart nad been incarceratGd
In Moyamensing, but said he mad received hi infor-
nation from one OF the eX-prisoner's pals. The
statement OF tns confederate was deemed 81 iciont
TO sqnech the case and no investigation as 10 its
veraciIy seems to nave Oeen made.