New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-12-09
THE COURTS.
AN IMAGINATIVE THIEF PUNISHED.


THE AUTHOR OF THE NATHAN MURDER FICTION
CONVICTED OF BURGLARY.
The mean thief who driven by hunger and
inconsistencies declared in California that he was con
cerned IN the murder OF Benjamin Nathan and thereby
aroused sufficient public curiosity to compel the police
transport him the Continent received due re-
ward his alsehood yesterday by being convicted in
the Court of General Sessions OF smaller crime which
he had really committed. As the police found
that John Irving had not uttered word Of truth in
his pretended confession he taken to the Tombs and
there committed TO await trial on the indictment for
burglary under which he had been brought on from
California. He taken before Recorder Hackett
in the Court OF General Sessions, yesterday, and
tried Before the hearing OF testimony began. william
F. Howe counsel for the accused stated that from the
indictment the ofense alleged to have been COM
United on June l. 1873 At that time Irving was in prison
in California and IL he be tried the indict-
ment Commission Of Inquiry should be sent " Caior
mia 10 obtain proof Of the real facts. Assistant District
Attorney Russell in reply said that he should be able 10
prove that the accused was in Newfork on the day
named The crime charged in the indictment was then
quickly described by the witnesses, and circumstances
connected with its commission were narrated which
strongly tended to show that Irving was one OF tine
burglars.
Henry A. Casperfet testified that he the proprie
tor of the iewelry store No. 25 Chatnamst that dur
ing the night OF June burglars managed 10 ootn ~
entrance 10 the store that they forced open the slie
and pundered 10 OF It's contents 81 silver watches anu
four gold watches; that examination OF the build
ing afterwards showed that the thieves had forced on
I the scute door on the roof descended the stairs
through the building and thus accomplished tue tnet
and that he thought he saw Irving IN his store before
Mary Pepper ONO 3 Dover-st testified My house is
in the Of No FOG Chathamst. the prisoner TOOK
\ room in my house May % he asked me II i hau
rooms 10 let and said that taking them for his
widowed sister he also said that he would board with
his sister and that he working in leather factory
in Perryst he took the for one month AT ~ per
month; he was there on the morning OF May ~ wGut
away and then back In the evening, accompanied
by another they went up stars ana made kihd
OF frame, aud left it in the fireplace he said tnat
| woman would come clean the room he ana ms
friend the roof; on saturday he came back
and when told mm that the woman had not come ne
seeIaed greatly surprised never saw him after satu
day his sister and the children never came pcheu
ont the prisoners photograph from number OF others
at Police Headquarters certainly identity the prs
Oner 49,
that he found jimmy on the roof OF the jewelers.
store.
Mr. Howe then SAID that he admitted in behalf OF the
prisoner that IL plain case or burglary In the tlrd
degree stated by DistrctAttOrney Russell, and the
only question involved that of the identity OF the
accused with the person who committed tho burglary.
1t was notorious that Irving in California at the
time OF the burglary. In regard 10 the Nathan uruer
the had certainly given the public little infor
| nation.
Irving then testified in his behalf that he left
NewYoTk April Is of the present year, and that on
June he in Sacramento stopping at the Pleasant
Hotel Ist he had signed confession in regard To
the Nathan murder but had not confessed to "a
porter that he committed the burglary III Chathamst
Recorder Hackett in his charge to the jury said that
the core of the the question Of Identification
II they had any doubt of the prisoners guilt it was
their duty give the the benefit OF It, The jury,
after an hours consultation. returned verdict OF
guilty. Irving was remanded for sentence.