The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-30
COURT OF GENERAL SESSIONS.


Allen Found Guilty and Sent to the
State Prison for Ten Years.
Before Recorder Hackett
The trial OF Martin Allen, charged with being In
completely with his brother, "Wes" Allen, and
man named Wiley, in committing burglary upon
the premises OF KOhsatt Il Sons, in Mercer street,
on the Goth OF March, was resumed yesterday AS
the defendant is notorious character, and he and
his brother intimate friends of large number OF
the "fancy" men OF the town. the court room was
crowded by that class who listened with intense
interest to "Martn Aliens story and to the
eloquent and ingenious argument OF his counsel,
Judge Beach.
Officers Sullivan McManus and Corey were
examined for the Defence to show that they ar
rested 'Mart' Allen at the corner OF Elm and
Howard Streets that he wore short coat; and
that when officer Moloney came up, four minutes
after the arrest, he charged the prisoner with
throwing either SNUFF or pepper in his eyes, but
these officers said that they did not notice any
thing particular about his eyes,
The prisoner, Martin Allen, was then called and
examined by Judge Beach. He said that he was
twenty-nne years old, and during the last year
resided IN Jersey City, and was travelling as an
auctioneer Tor Peter W. Longley and James Larkin I;
he admitted that he was convicted in Connecticut,
sentenced to the State Prison for eight years
and half and, after remaining in prison
fifteen months, was pardoned out; Allen also said
that he was convicted in this State OF grand lar
ceny in 1871 and sentenced; an appeal was taken,
and bail was given pending the decision OF the
the Court OF Appeals he (Allen) forfeited his ball.
which was ST, 0O0 but he understood that the mat
ter was compromised by the payment OF $4,000
The accused SAID that he was never imprisoned on
that conviction; Allen then went on to explain
why he was in New York on the night Of the 2sth Of
March that his wife and children had been spend
street. and he came over to take them nome; as
he was walking up Canal street from the
Desbrosses street Jerry he met Wiley, and
Wesley Allen; Wiley had two friends with
introduced and LETT IN His company while he went
for Wesley; Martin and the friends OF Wiley Went
nes when Wesley ana wy they
oyster stews, and Wesley left to get letter for
"Mart," which was at ball room; he came back
aud told him {" MARTYR that the letter would only
be delivered to him in person; he told "wes %
that he ("Mart'D did not like to go through the
Eighth ward, for all the officers there knew him,
and might arrest him on the old charge; "wcs" vol
unteered to go ahead of "Mart" and see who were
in Mercer street, the latter following; when he
got near Greene street he heard footsteps, which
proved to be those OF officer Maloney, who tapped
him on the shoulder and asked him where
he was going; he told him he was going across
the Bowery to take a Third avenue car; the OIL
Ger insisted that he should 80 to the station house.
and while walking along with him he lthe oilcerl
put his hand in his Uhe prisOner's) pocket and
pulled out handful Of tobacco, and as he jerked
away from him the tobacco went in the officers
face; Allen then told how he ran away and was
caught by officers at the corner OF Elm ana Howard
streets. Judge Beach had the defendant place the
three bags which the ofIlcer swore he saw him
throw away upon his body under the short coat he
said he were that night, which was done with con-
siderable dramatic effect. The counsel argued in
his address to the jury that Allen could not have
disguised those bags upon his person, and that the
officer must have been mistaken.
Assistant District Attorney Russell declined tC
crOss-examine the accused, and at the conclusion
OF Judge Beacn's argument made brief but fOrct
BILE appeal for the conviction OF Allen.
Recorder Hackett delivered a concise anu impair
tial charge, and after short absence from the
court room the jury returned with verdict OF
guilty OF an attempt at burglary In the third de-
gree, second ofencen
Mr.. RUSSELL in moving for sentence, informed
His Honor that Allen was convicted in this Court in
1869 of grand larceny and sentenced to imprisOn-
ment for five years, but owing to a writ OF error
having been issued and his forfeitng his bail he
(Allen) had never entered upon the sentence then
pronounced
The Recorder sentenced Allen to the State prison
for five years upon the conviction OF 1869, and at
the expiration OF that punishment directed that he
be further confined Tor period Of five years the
present conviction making the term OF imprlSOn-
ment ten years.
Burglaries and Larcenies.
Thomas Conlon, indicted for burglariously enter.
ing the tailor store OF James McGeary 2e0 Bowery,
the night of the 9th inst. pleaded guilty to an
attempt, no property having been taken. State
prison one year was the sentence.
william Kelly, VINO was charged with stealing, on
the 18th OF April from the house OF Kate O'Donnell,
81 Market slip, a shawl and dress valued at $50
pleaded guilty TO grand larceny. He was sent to
the State prison for two years and six months.
Edward Green pleaded guilty to an Indictment
charging him with stealing clothing valued at S45,
the night OF the oath OF April, the property OF
Michael Murtha The clothing was taken from
Mott Haven into this city, where the youth was ar
rested He was sent to the Penitentiary Tor three
years.
james Corbett, who was charged with stealing,
the 18th Of March, five shirts and underclOthing,
the property OF Frank Morgan, pleaded guilty TO
petty larceny.
John Hagan and Morris Levy, indicted for effect
ing an entrance into the grocery store OF John w.
Reppenhagen, 80 Ludlow street, on the 10Th inst,
and stealing $l2 in money, pleaded guilty to petty
larceny.
Corbett and these two boys were each sent to the
Pententiary for six months.
The petty jurors were discharged from further
atten dance, and the Court adjourned till Friday.
BROOKLYN COURTS.