The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-29
COURT OF GENERAL SESSIONS.

sNIart'' Allen on Trial for an Alleged
Burglary In Mercer Strect-ssWes'' Allen
and Wiley Demand Separate Trials.
Before Recorder Hackett
This Court was occupied yesterday in the trial OF
an indictment for burglary in the third degree,
found by the Grand Jury on the I'd Of this month
against Martin Allen, alias John B. Coles; Charles
W. Allen, alias Wesley Allen, and Henry Wiley, for
'burglary In the third degree, second offence"
Martin Allen demanded separate trial, which
was his legal right. The names OF these Allen
brothers being well known to the readers OF the
criminal records of the public journals, the counsel
for the accused, eX.Judge Beach and Mr.. Peter
Mitchell, examined each Juror separately, so that
an hour was spent in obtaining an "impartial'
jury. Assistant District Attorney Russell pro-
Ceeded to open the case, and stated that the &C
cused and the other cO-defendants were indicted
for committing burglary upon the fancy store
OF John G. Kohlsatt Sons, Nos. 0, II and IL Mer-
Ger street, on the night Of the Goth OF March, and
that the testimony which would be adduced
against the defendant was OF circumstantIal
character.
The first witness called was Frederick Friedhon,
an emplOye In the above-named store who testl-
fed that on the night of the burglary he locked
the premises about quarter-past six O'Clock, and
was summoned there at three O'Clock In the morn
ing by police officers.
Charles W. kohsatt member OF the firm,
proved that several thousand dollars worth or
silks and velvets were in the building at the time;
he knew nothing OF the burglary until nine O'Clock
on the following morning.
Oflicer Jackson, of the Eighth precinct was ex-
amlned at length, and detailed the circumstances
attending the discovery of the burglarous entry
into the premises in questions he lett the station
mouse , az 1lanlgn. anu WINE gong tnaougn Mer
persons advancing from Canal street, but they
were so far away that he was unable to recognize
them; they turned and went back; he then went
trying the doors, and when lie came to No.
10 he noticed that 1t had a strange pad
lock on, and, upon pushing the door with
his club, the door went in about half an inch; Jack.
son and Officer Wilson stationed themselves In the
doorway OF Is, and while standing there two per-
sons came along-one large, square built man and
q small man, the latter wearing Scotch cap with
white spots in it-and in few minutes after that
Canal street: he Gackson) thought the last man
was Wesley Allen; he caught glimpse or his side
face but did not see the faces OF the other men;
subsequently, only short time after that, he ar
rested Wesley Allen, and upon searching him found
paddock and key lproduced) and some red pepper.
Ofncer Maoney testified that on the night in
question, about halfpast twelve, he saw two men
III Canal street, between Church street and Broad
way, one OF whom he was positive at the time was
Martin Allen and he was afterwards satisfied the
other man Wesley Allen: he Oflicer Jack
son arrest Wesley Allen, and hall an hour alter
wards he (Maloney) saw the prisoner at the corner
OF " ooster and Canal streets, and followed him up
Canal towards Broadway. In reply to a question
OF the officer he said that he lived in Twenty sixth
street and was going over to get Third avenue
car The offlcer arrested him, and as he turned
| his eyes and said, using language too prolane to
repeat 'I'll cut the heart out OF you" The pris-
oner ran. followed by the officer, and was captured
In Elm street by two Fourteenth ward officers. Be-
fore the prisoner threw the pepper he unbuttOned
| his coat and dropped three large canvas bags on
| the sidewalk, which were afterwards picked up by
| an officer.
| Ofcers Henderson and Mullen testified that on
| the night OF the burglary, about eleven O'Clock,
they went into an oyster saloon in Canal street.
between Greene and Wooster, and saw "Mart' and
"Wesr Allen and Wiley in there sitting at table
| "Wes" was "fumbllng" with a large red pepper
box: after they went out Oicer Henderson took
possession OF the pepper box; he and Mullen
looked Tor them, but they were not TO be seen on
the corner, and the next they saw OF them was at
the station house on the following morning
Assistant District Attorney Russell offered an
exempllfed copy OF the record OF trial which
took place at the superior Court, Fairfield county,
Connecticut, which set forth the TACT that at the
August term OIL that Court Martin Alien, John
Grady and Gilly McGloin were convicted Of grand
larceny and each sentenced to the State Prison for
five years in August. 1865.
Henry A. Hurlbur, now "A conductor on the Flush
Ing and North Side Railroad, testified that in 1866
he was q conductor on the New York anu New
Haven Railroad; was present at the trial of Allen
and MS associates at Danbury for robbing car OF
the Adams Express Company on the train OF
which he had charge, and positively identified the
prisoner as the same person who was found guilty
on that occasion.
| The trial will be finished to-day.