The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-08-25
TIE COLD SPRIEC MURDER.
Exaninatson of Conroy Resumsd-Recordsr
shafsr Decides Not to Discharge the
Prisoner-The Case Adjourned
to Monday, August 20.

Astwo O'Clock on Wednesday afternoon the ex
Amipation Of william Conroy charged with com
pclty In the recent attempted robbery resulting
murder at Cold Spring. was resumed before J
D. sha.er. Recorder OF Newburg. Long before tina
hour the court room and the passages leading TO 4
were crowded by citizens interested in watching tn,
progress OF the examination. Seated near IN,
prisoner who nonchalantly puned away at an un
ighted cigar was his mother, lady OF respectable
appearance, whose countenance was overspreaG
with al air OF anxiety.
THE PRISONERS COUNSEL,
J. Halock Drake was for one or two terms District
Attorncr OF Orange county. and was In that capa
city employed as prosecuting officer in
several important criminal trials, among
others la the following murder cases
The Gregory murder, ut Mddletown; The
Bears murder, at Goshen; the Blake murder at Corn
wall. He was also engaged in the recent Fellows
murder trial, on the side OF the defence In the
court room were Sheriff Butler, OF Putnam county,
ana man said 10 have been employed as agent OF
the Cold Spring Vigilance Committee, IN ferreing out
the traces or Conroy. Mr.. Drake the prisoners coun
sell stated the reporters that despatch mad been
received from Cold iSpring, from the man holding
TRUMPBoURs CONFESSION,
asking the authorities at Newburg to retain Conroy
In custody. affirming that statements In the con-
fe:sion would warrant such STEP The prisoner,
IN conversation with reporter, stated that
there had been Vigilance Committee in
Gold Spring for the past two years
and that Gonverneur Paulding was at the
head OF it, This committee, he SAID. had an agent
I'm the jail at Carmel, confined there with Trump
bonr, for the purpose OF inducing the latter to make
hull confession; that such confession was now IN
writing and In the keeping OF this agent; that the
agent was TO receive $500 month for his services
MARSHAL GOODRICH, OF NEwBURG,
was placed the stand by the counsel for the de-
fence TO testify an to the receipt of the despatch
ferred to- but the counsel for the prosecution OBJ
lected 10 the evidence and 1t was ruled out by the
Recorder. The prisoners counsel then said thar he
had no further testimony TO offer now, and pro-
ceeded TO move for Conroy's discharge on the fol
Ftrst-That the Recorder OIL Newburg had no juris
dicton over the case for the reason II had not been
proven by the prosecution that this ofYence was
committed IN the year 1870, or within three years
pnor TO the arrest OF the prisoner, the statute
curing That offence, except that Of murder shall
be prosecuted unless complaint shall have been
made or indictment FOUND WITHIN three years after
the commission OF the offence.
SecO1td-rhaJ there was no proof from the iest-
mony as to the county in which the alleged offence
was committed. IL did not appear that the offence
was committed In Putnam or any other county in
the State, or that when Conroy was acting access
sorry In the crime OF Trumpbour. as alleged he was
dence where Cold Spring was situated. A prima
facie ease must be made out by tne prosecu-
uon DeiOre the prisoner could be fully Comlntled.
To these positions the counsel for
THE PROSECUTION REPLIED
brieny, adducing the testimony OF Kate Moore 10
show that The alleged offence had been plotted In
Newburg, Orange county, and IL was upon this
charge that 1t was sought TO mold Conroy The
and ressd To dscnar lae
Cenroy. Mr.. Drake then proceeded to has
I'M, ,n,rd Proposition the question OF jurisdc-
the Recorder II he should be enabled before the
close Of the examination to show from testimony
that the defendant instead Of being accessory
was principal In the second degree, then the au-
thoTties OF the county Of Orange had control over
she case. II he was a principal in the second de-
gree he was To be tried In the county where the Of
feace as alleged was committed. This pOsition the
counsel attempted to sustain by careful examina-
ton OF the testimony and by the citing OF various
legal authorities.
THE POSITION WAS AssAuED
ny the counsel for the people, who also went into
thorough review Of the testimony and examination
Of tue authorities. After a wOrdy debate between
the counsel the prosecuting officer referred to tho
where Is was claimed the crime mad been plot
ted This Smith had recently been arrested
very worst character, and he had been held to ball.
Kate Moore had testified that ConrOy aud Trump
eour were occupants OF TINS house or Smiths while
y was 30 kept Where were criminals to be found ?
in just
SUCH DRNs AZ THIS.
Perhaps II was not the first time that lust such
occurrences as this had been plotted at Smiths and
probably il would not he the last time IL was in
6mth's sbrothel that Conroy and Trumpbour had
met IA genial companions. Conroy was accessory
70 the robbery before the fact He had lived for
TWO months IN company with the rO5ber and
murderer Trumpbour at Smiths. During that time
they often visited Cold Spring In company. Conroy
vas seen cleaning pistol at this brotheI, and who
would assert That that not the pistol which mad
been used IN the killing OF Elijah Joness In regard
70
THE VIGILANCE COMMITTEE
NJ Cold Spring, which had been referred to
earlier In the examination, the counsel would ask II
II WAS not a lamentabe state Of things which COM
PEELED the citizens Of Colo Spring To form such an
organization for the purpose of protecting
themselves against such villains as this Con-
"BRAyADO AND IMPUDENT BEARyNa'i
displayed by Conr0y ever since the commencement
Of this examination He contr0sted IL with the con-
duct OF other criminals whom he had at the bar
81 justice and VINO had shown more correct appre-
cation OF the fitness OF things by their modest
bearing.
The counsel maintained that the defendant had no
charge against HIM was completely In the robbery,
and 81 the evidence was sufficient 10 hold him lie
WAS TO be held on that charge.
When counsel mad concluded their arguments,
THE RECORDER
Overrued the motion Of counsel for defendant and
decided not TO discharge Conroy asked for by his
counsel The latter asked time to subpoena his wit
ntsses from Cold Spring and to prepare his defence
The request was opposed by the counsel for the peo
pie, on the ground that it understood that the
defence bad declined To offer any testimony In the
case, Mr.. Drake reJoined that he had right
move for the discharge OF his client Immediately
after the case was closed the part or the people
ana before the prisoners testimony had been heard.
The Recorder decided to allow counsel for defence
the time asked for; and the hearing OF the
adjourned TO Monday, August 49, at two O'Clock
l,aurO w n hH ~ iail at No