The New York herald., 1870-09-28

Police Omcer Charged with Larceny and
Committed for Trial-Remurl1s Of Judge
Bedford Upon Public OhlciaIs.
Before Cunning 8. Bedford, City Judge.
Edward Fleming, who was jointly indicted with
Thomas Reilly, charged with grand larceny, was
placed on trial for tnat onence The complaining
witness was Mrs. Bertha Benner, who stated that
while she was In the Atlantic Garden In the Bowery,
the Cd Of this month, she lost pocketbook con-
tanning fourteen five dollar bills. The accused par
ties were sitting near her. and while absent IN an
adjoining she discovered her loss. little boy
named William Teubner, testified that he saw Flenl-
ing put his foot upon pocketbook on the floor, pick
1t up put 1t In his vest pocket and that after
wards he and Reilly talked together. The empty
pocketbook was subsequently found In the water
closet. Onicer Moore stated that Reilly (whO was an
officer Of the Fourteenth precinct) brought Fleming
TO the station house, and the complainant made a
charge against him. Fleming was searched, but
nothing was found upon him.
The sergeant directed Reilly to be searched by
officer. who took his revolver and some letters
whereupon he put his hand In his own pocket ami
placed his money and shield the desk The
money consisted OF fourteen five dollar bills which
he said belonged to him and which he received that
day.
Ing was employed as collector and others gave him
excellent character for honesty and the accused
having sworn that he knew nothing OF the pocket.
book the jury rendered verdict OF not guilty with
out leaving their seats.
Mr. Fellows then recapitulated the facts brought
on bail, should be committed until ne was tried.
Judge Bedford said:-YOur motion to have police
olicer Reilly at once committed is granted. fully
concur Mr. Fellows In what you have SAID. II Is
bad enough to be thief under any circumstances,
but when a man In public life, sworn Official. q
guardian OF the peoples rights, Is charged with
theft the accusation should be speedily ana
thoroughly investigated, and il guilty should have
the severest penalty known to the law. Dishonest
On1cas Justly deserve the Scorn and contempt Of all
mankind.
ROBBERY In THE FIRST pEaREE-rHE COMPLAINANT
"
OF THE PRISONERS SENT To SING SING FOR FIVE
YEARs-A NOTORIOUS THEE AND DESPERATE
John Rourke and Christie Smith were placed as
the bar charged with robbery In the lrst degree.
prisoners. The complainant Charles Carter testified
that on the night OF the 28th Of July he saloon
among Whom We're the defendants tsot he dd nes
see either OF them take his silver watch and chain,
which he lost but that Smith said he would try and
get 1t Tor him. ROurke pawned the watch and
Smith got the ticket from him:
MI Howe cross-examined this witness thoroughly
and found out that lie was drinking all night and
could not tell anything about the loss Of his pro-
perty.
guilty TO petty larceny n'Om the person and Judge
Bedford sentenced him on the spot remarkIng that
he had no doubt but what he robbed the man and
that II the other parties had not been there he
would have murdered him. Rourke was sent to the
State Prison for five years
The trial Of Smith was resumed and officer Corey
testified that he arrested the prisoners and the COM
plainant Identified them as the men who robbed
his, was obtained at pawnshop. The jury rem
dered verdict Of not guilty.
Mi. Fellows said that before this prisoner was per-
mitted to leave the court he wished to inform the
Court that Smith an absolute terror to the CON-
munity In which he lived-a man OF whom people
were afraid who went into stores and took property
whenever he chose to do so. The prosecuting Vflcer
would keep an eye upon him for the future
Judge Bedford said that police Officer informed
him or the facts stated by MI. Fellows that Smith
headed gang OF thieves ana was terror to the
ward IN which he lived. Mr.. Smith was advised to
leave New York As he was going out or the court
room Mr.. Fellows was heard TO remark that he
noped ne would not, FOR II he renamed ne would
certainly be arrested In short time.
The Disfrict Attorney and the Judge both inti-
mated tnat the complainant must have been tam
Pered with, for he positively identified Smith and
Rourkc as the robbers.
Charles Leonard, who was charged with taking
1orty dollars from the American Church Press Com
pahy was placed at the bar. His counsel, Judge
stuart made some remarks in mis- favor and, as
there were mitigating circumstances tho City Judge
suspended sentence.
WOMAN THE CAsrs BE1Ir
EDWARD Stleringer, the barkeeper or Theodore
Jacobs, who keeps 'ladiosi boarding houseu in
Mercer street, was charged by him with stealing his
gold watch and chain on the 1st August The fact
was brought out on the trial that the boss was Jealous
OF his "assistaEtn who had succeeded In se,iucnr
the affections Of Miss Miller the h0usekeeper from
the gentleman with the Israelitisn cognomen. The
jury, believing the story OF the Mercer street Romeo
and Juliet f0r they were both on the stand that
t0ri0uB burglar, whom Judge Bedford sent tossing
Sing for eighteen Iears MAS M the house QR tRs aaS