The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-07
COURT Of GENERAL srssIohs-2ART |.
One of the Gang OF Forty Thieves Com
victed of GarrOting-Judge Bedford
Sends Him TO the state Prison for
Twenty Years.


Refore City Judge Bedford.
Michael Rogers who jointly indicted with
George Riley, was placed at tie bar charged with
robbery in the first degree. Riley was tried ana
convicted at the last term OF the Court and SEN
fenced by the Recorder to twenty years. i'm
prisonment In the State Prison. The com
plainant was young man named Dan
lei Kerrison, who testified that on the evening OF
Friday, the 10th OF May, about ten O'Clock, he
went down Forty third street to see GIRL to give
her money to purchase opium After leaving her
he walked up Forty-ffth street and saw Rogers and
other young men on the corner. The prisoner
(Rogers) went behind him and held him by
the throat, so that he could not speak, and,
addressing Riley and the other boys on the
corner, exclaimed, "Come on, boys;'' Riley and two
Others then rined his pockets, taking twenty
cents, that being all the money he had; KerrisOn
said he knew Rogers by sight about year and
never had any difficulty with him. Upon his cross
examination the complainant said that after he left
the girl he gave the prisoner and his companions
drink at the corner of Fortythrd street and Tenth
avenue; that on one occasion he was sent from the
Special Sessions to Harris Island for three months
upon charge of stealing boots.
Oncer O'Halloran testified that he arrested
Rogers upon kerrson's complaint that night. That
being the case for the people,
Michael Rogers testified In his own behalf He
said that he was dock builder, and that on the
evening in question Kerrison treated him and his
companons after which they were ERE, an skyarSing;
he put his arm around his neck or not he did pot
know but If ne did, the arms OF two or three other
time; he did NOT know that Riley took any money
from the complainant
Assistant District Attorney Stewart cross-exam-
ined the prisoner at length. He admitted that he
was arrested several times for being drunk and dis
orderly, but never for stealing He said there was
crowd mp in his neighborhood known the
"FOrty Thieves but denied that he was connected
with the gang.
0nicer Timons testified that he knew Rogers to
be arrested for being drunk, but never heard any
thing against his character for honesty.
oilcer o'Halloran was recalled and said that the
prisoners character was bad and that he went
with the 'Forty Tnievesn around Eleventh avenue
John Fitch, the Warden of the Penitentiary, swore
that Rogers had been to the Pententiary more than
once.
The jury brought in verdict Of guilty, with a
recommendation to mercy.
District Attorney Stewart moved for sentence
and informed the Judge that Rogers was a dan
gerous member Of the community.
Judge Bedford said that, as matter OF courtesy
to the jury, he always needed their Recommended
ton, but he sat there to protect the community
against desperadocs, and when he was officially in
formed by the police, In this case, that Rogers
| was one OF the desperadoes known as the Forty
Thieves" he wished to ask the jury representing
the respectable portion OF this community, # they
| still adhered to their recommendation 10 mercy
\ Mr.. McCleand, counsel for the prisoner, made an
earnest appeal to the Court in his behalf asserting
| that Rogers was not q thief and challenging the
fullest investigation.
The foreman, after consulting with the other
i whereupon Judge Bedford proceeded to sentence
\ Rogers.
| THE SENTENCE.
lie said Last term your associate (Riley) was
! tried for this daring robbery, the jury promptly
/ convicted, and my colleague, the Recorder at
once sent him TO the State Prison for twenty years.
/ To-day you are convicted, and | shall send you to
/ the same institution for twenty years This Court
| Is determined TO punish rutflansm in every form
and at all hazards to protect law-abiding citizens
when they happen to be out at night against prowl
ing rufans garroters and assassns OF the char
acter Of the gang OF "forty thieves of which you
notorious leader, In the Twentieth and
TwentysecOnd wards OF this city.
Grand Larcenics.
James Kent pleaded guilty to an attempt at
grand larceny, the charge being that on the 2ist
OF May, he stole diamond ring, valued at Sis, the
property OF James ID. Murphy. Penitentiary one
year was the sentence.
Daniel Noble, charged with stealing q silver
watch worth $780, rom James Carroll while riding
upon an Eighth avenue car, on the 2sth OF last
month, pleaded guilty to petit larceny from the per-
son. and was sent TO the penltentiary for two years
Julius Jacobs pleaded guilty TO an attempt to
steal $40 worth OF clothing from Moses Rosenberg,
Mary Leonard gave similar plea, the indict.
ment charging her with stealing $ss from Esther
Young.
william Brown, who also gave the same plea,
was charged with stealing, on the 10Th OF May
500 from William Dimon.
The above prisoners were each sent TO the Pcni-
!. Tertiary for three months.
Prisoners Discharged
On motion or Mr.. Howe James Mlskell, one OF the
parties who were charged, some time ago, with
escaping from the Penitentiary, was discharged,
his conviction being illegal
on motion " Mr.. Price James Carroll, indicted
for perjury growing out Vi the controversy between