The New York herald., 1872-08-11
LEGAL RAID ON BURGLARS.


Conviction OF Two Professional Bur-
glars-Judge Bedford Sends Them 10
the State Prison-Failurc OF the ''Clown
Town. Association TO Establish an
Alibf.-
II win have been observed by those OF our readers
who have perused the reports Of the proceedings in
the General Sessions during the week that the
prosecuting officers have been making war upon
burglars, and their vigorous efforts to bring that
dangerous class Of criminals who take advantage
Vi the absence OF citizens In the country to break
INTO their unoccupied houses, have been ably
seconded by Judge Bedford. Not less than seven
burglars were convicted last week, the sentences
ranging from twenty down to five years incarcera-
ton in the State Prison. The Court sat yes
terday In order to finish the trial of
burglary case commenced ON Friday afternoon,
which, thanks to the exertions OF District Attorney
Fellows, also resulted In the conviction OF the
criminals who were zealously defended by Mr..
Kintzing. The accused gave their names rs James
Spencer and John Reilly, who were indicted for
enecting burglarious entry into the dwelling
house of Benjamin L. Southack, No. 236 Fifth ave-
nue., on the evening Of the 25th of June The evil
dence taken on the trial interesting, as will be
seen by the following synopsis Of it:-Mr Southack
was first called to prove that his house was unoc
securely fastened when he left, but was subse
quenty entered by breaking the basement door. and
$1,000 worth of property stolen. This consisted Of
cameps hair shawl, mun, O sack; and other
portable valuable property.
The next witness was q cOlored porter, named
Charles White, who was employed by Newman n
Capron. corner of Twenty-eighth street and Broad
way. who said that between seven and eight O'Clock
on Tuesday evening, the 25th Of June when pass
ing Mr. Southack's house he observed three men
trying to do something to the basement door, and
IN rdQ
Identified to be the prisoners.
Otficer Manning testified that he arrested
O'Clock in the morning. and upon searching Spencer
ne found in mis- pocket very large loaded pistol,
pair OF nippers and gimet
This closed the case for the people.
James Spencer took the stand and swore that he
lived IN Fourth street; was home the night OF the
burglary; got the pistol from man in Twentieth
street, and found the nippers two days before he
was arr ested.
Reilly also denied knowing anything about the
burglary, and said that on Tuesday evening June
rs, he was playing cards in liquor saloon in Tenth
avenue. having previously attended a meeting Of
the clown Town Rangers" OF which he was q
The prisoners set up as defence an alibi, which
Reilly attempted to establish by several members
same story.
1t appeared from Mr. Fellows cross-examination
that this association was formerly target COM
pany
Spencer, alias sweeny, sought to prove his lnno-
cence by calling his mother and sister and Miss
Masters, all OF whom sWOre that he was at home on
the night of the 25th OF June.
After the summing up and an impartial rcitera-
tOn of the evidence by his Honor, the Jury rem
dered verdict Of guilty Of burglary in the third
degree.
Mr.. Fellows in moving for sentence. said that the
prisoners were well known thieves and there was
another indictment against them for carrying bur-
glars TOOLS
Oficer Manning was recalled by the City Judge
and informed him that the general character OF the
members Of the Clown Town Association was bad
and that when he arrested Spencer he threatened
that he (the Of1icer) would hear from him in week.
Judge Bedford in passing sentence said that he
had no doubt when Spencer armed himself with the
loaded pistol and burglariOus implements he went
forth to break into dwelling houses and needs be-
to take life. His Honor suggested to the District
endar Of fburglary cases two three days this week.
and he promised that every burglar convicted
would be sentenced to the full term.