The New York herald., 1872-08-09
THE SIXTH AVENUE BURGLARY

Interesting to HousehOlders-Judge Bed
ford Sends . Professional Burglar and
Murderer TO the State Prison for Twenty
Years for Entering n Citizens House
and Attempting to Assassinatc Him.
A case OF significant Importance to q large class
OF our citizens at the present time, and indeed, to
every resident Of the metropolis, was tried in the
General Sessions yesterday, which terminated in
the conviction OF the prisoner and his prompt
sentence by Judge Bedford to the State Prison for
twenty years. 1t will be remembered that about
three months ago two notorious burglars entered
the dwelling house of Mr.. Charles H. Phelps In
West Thirty ninth street, corner OF Sixth avenue,
which adjoins his jewelry store, and when he went
up stairs and discovered the two men there one
Of them deliberately fired q pistol. inlicting
serious wound, so that for some
time his life was despaired of by
eminent physicians, and, as District Attorney
Stewart said in his opening, 1t was miracle that
he was able to be present in court to appear against
the prisoner. This case will be perused with in
terest by those of citizens who are out of the
those who contemplate leaving town this month,
and 1t is to be hoped that the severe punishment
OF the jimmy" from breaking into dwelling houses.
The prisoner gave his name as John Thompson,
and judging from his physiognomy, together with
the concise and convincing testimony OF guilt ad-
duced by the prosecution. he needed the assistance
Of three lawyers, who sat by his side. During the
upon District Attorney Stewart, ana the Judge
had his hands full to calm the excited and bellig-
The evidence to sustain the charge was BRIEF and
IN nutshell Mr.. Phelps was the first witness,
and he said that he was in his ewery store, corner
OF Thlrty-ninth street and Sixth avenue, on the
evening Of the 10th OF May, talking with customer
about nine O'Clock, when his attention was called
open; he went up stairs and found the doors OF
the rooms on the first floor all locked and as he
ssnSnr Gond %nr r @ the doof loo ne saw Two
hold OF the two men and cried for help; the
smaller one OF the two jerked away from him
the other man he drew his revolver and
shot him (Mr. Phelps in the breast, INJECTING
wound which laid hIm up two months; he could
not recognize either of the men, as it was dark in
the passageway; his wife and daughter were out ut
Il the time, but the servant was in the house. The
prisoner In height and In general FORM but further
than that he could not swear to mis- identity.
Mr.. Phelps, supplied this necessary piece OF evi-
dence. He stated that upon the evening in ques-
hallooing he ran into the hail. and distinctly saw the
prisoner as he had his hand upon the knob of
the door. They had sculle outside, AID two men
lostled against him, and as soon as Thompson
broke loose he turned, drew his revolver and fired
at Mr.. Carson; but fortunately the ball missed him,
and he escaped being murdered. The prisoner
came down the stairs in three jumps and he (Mr.
Carson) saw the pistol in his hand before he got
into the street. Oncer Mcconnell testified that he
arrested Thompson on the evening OF the 18th OF
May III Twenty-ninth street, in company with O
man named Porter, who was now In the State Pri- |
son. The fact came out at the close Of the that
this man Porter was supposed to have been the
other burglar but the captain OF the precinct fail
ing to get witnesses to identify him. HAD him cent
back to the State Prison, from which he had es-
capped, to serve out the balance of his ten years.
term.
The counsel for the defence offered no testimony,
relying upon two or three minor legal TECHNICAL
ties, which the Judge overrucd. They also de-
clined 20 address the jury, and after stirring ap
peal by Mr. Stewart in behalf Of the peoples cause
and an impartial charge by the presiding Justice,
the Jury rendered verdict Of guilty OF burglary in
the first degree without leaving their seats.
Mr.. Stewart moved for Judgment.
His Honor called police captain to state what
he knew about the character OF Thompson. He in
formed the Judge that 1t was recorded upon the
served q term in the State Prison, and his charac-
ter was very bad.
Judge Bedford in passing sentence, said:-
Thompson, you have been tried and convicted OF
burglary In the first degree-one of the darkest
and have served out term In the State Prison. and
consider you a very dangerous man. At this
season OF the year many OF our dwelling houses are
vacated by their inmates enjoying themselves In
sion take advantage OF this fact. Dwelling houses
must be protected and burglars punished; and
shall take this opportunity OF saying that every
burglar convicted shall have the full penalty and,
in order TO show that am In earnest will COM
mence and sentence you to twenty years In the
State Prison.
The firm and determined stand which Judge Bed
ford mas taken in disposing OF this professional
burglar met with the universal appreciation OF q
crowded court room, and, OF course, will be en-
dorsed by every householder In this city.
mrrr, pryr,r Tn rppn IN oOuru cApNTrNA