The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-29
Why the Case Was Not Tried Yesterday-Factz
that Need Thorough Investigation Sharkey
Is Satisfied to Go to State Prison for Life,
but Does Not Want To Be Hanged
Witnesses in Murder Case
Not Held to Bail.

readers Of the HERALD was set down for trial yes
terday morning In the Court OF General Sessions
before Recorder Hackett. Contrary to general ex-
pectation, the case Of Allen, the alleged Eighth
ward burglar, was called instead and proceeded
with Immediately. Shortly after this case had
commenced the rumor began to spread that the
witnesses for the prosecution in the Sharkey case
had been tempered with, and that the prisoner
had offered District Attorney Phelps to plead to 9
charge Of granddaughter in the third degree, the
maximum punishment OF which is seven years In
the State Prison. provided that the charge Of muir
der in the first degree, upon which he had been
indicted, be withdrawn. This report caused
THE GREATEST EXCITEMENT
among the politicians around the City Hall, with
all OF whom Sharkey was well acquainted. HER
AID reporter conversed with prominent member
of the fraternity on the subject who rather naYvely
remarked
"Well, you see knew such thing was in con.
temptation Tor the last two months, but never
thought 1t could come to head. 1t Is done hear,
though, and the best of it Is the witnesses have
dollar Of bail. They all thought the witnesses were
too good friends OF poor Bob Dunn to say a word
for Sharkey. l guess they were played upon,
subsequent inquiries among this elias by the
HERALD reporter ELECTED the fact that was pretty
generally known among ward politicians that
such an effort was recently being made by Shar-
keys friends, and that the prisoner was prepared
against Sharkey-ln fact, 1t is said the only per.
sons who were actual eye witnesses OF the shooting
in the saloon with Sharkey and Dunn at the time
the shooting took place. and the bartender. All
three men, the above rumor stated, had been
spirited away, had been
LAST SEEN IN ALBANY,
on about last Wednesday night, in close CONVEX.
sation with a prominent member Of the lobby,
whence they had left for parts unknown. The re-
porter traced this rulnor TO reliable source, and
to settle its truth or aSehOOd at once called at the
Attorneys
Sending in his pasteboard to one OF the
most courteous and efficient prosecuting
officers That ever represented the people,
Assistant District Attorney Russell, he was at
once accorded an interview, and discovered some
will, no doubt startle the community. 1t must be
promised that Mr.. Russell was unwilling at first
case tearing the ends Of justice might be deleated
but the reporter Impressed upon him that the
EUening Telegram had published the rumor, as
SUCH and as the harm II any, had been done, ne at
once relented, and put him In possession OF the
exact facts.
INTERVIEW WITH THE ASSISTANT DISTRICT
"Mr. RUSSELL" began the reporter. 81 have
heard that some Of the witnesses In the case Of
have fed from the city, Is it SOP"
Mr.. RUSSELL (hesitatngly)-Yes, sir; we have
lost two OF them but we have men on their trackn
"Would you DE kind enough to put me in pos
session OF the particulars ~
that intended to call this case for trial in the
Court OF General Sessions, before Recorder
two Of our most important witnesses, who had APP
peared before the Grand Jury, and upon whose
testimony the Indictment had been mainly found,
would not be forthcoming II called. or course l
was obliged to abandon the case for the present"
could you give me the names Of those wit
"lf knew them would not care to give them
without the authority OF Mr. Phelps. The fact is
that do not really know them myself"
"Have you any idea where they have ned to, MIR.
"As told you, sir we have good men on their
frar A "a rha Gtricf naa Ri Inn
them as far as Albany"
"Have you any idea OF their destination after
"GoNE WEST"
"we appear to have lost sight OF one here, but
the other has gone Vest we know. the public
need not fear-we will get these Witnesses"
.rhere is rumor to the effect that Sharkey has
in the second degree If the charge OF murder in
the first degree against him should be with
mo, but win tell you what did hear and what
will no doubt starte you. | have heard 1t in the
ONCE and 1T VIII be, doubtless, impossible for to
verify it now, namely, that Snarkey has offered to
plead guilty TO murder in the second degree, or,
it is now called, manslaughter In the first degree,
the punishment for wncn Is Imprisonment Tor life
Prison for the remainder OF his natural iiie but he
witnesses, you will find. Why in the short time we
have been here we have had numbers Of cases or
ONE WITNESS FROM COLORADO
once, and 1t occurs every other day that witnesses
ny. In such cases we can generally tell what is
the matter when 'shyster' lawyer comes bus
terng IN here and asks why his clients Is not
tried Immediately. sometimes 1t Is the criminal
who ned to New Jersey. We had witness against
him locked up in the House oil Detention for two
t and aa 70 es a go ~ sae enc e
here and offered himself up and demanded trial
Immediately. AS we had kept the witness for two
months we locked him up last week"
Mr.. Russell did not know whether the witnesses
in Sharkeys case had been bailed as the indct-
ment had been found under ex-Dstrict Attorney
Garvins regime, and before he had come into
Office.
THE WITNESSES NEVER BAILED.
The reporter then went to the Office OF Mr..
Sparks the Clerk OF the Court of General Sessions,
from whom he learned that the witnesses IN the
Sharkey murder case had never been neld to bail
alter the indictment had been found against him
.sIney may have been bailcd by the Coroner"
said Mr. Sparks, "but not here"
The reporter then went TO Coroner Young's
office, in the sun building where ne learned that
no bail had been fixed for any OF the witnesses in
this murder case. or course Coroner Young is not
responsible, the Grand Jury takes the case out
sion by District Attorney Garvin and his successor,
Mr. Phelps seems to bo that the witnesses in the
the deceased Robert Dunn and naturally no friends
to his murderer, William Sharkey.
After most diligent inquiries made by the HERALD
reporter last night, he learned that the names OF
tue two men who have fed, and alter whom the
District Attorney has sent detective officers, are
John ID. Belts and William Walsh. He also learned
that, though It Is supposed In the District Attor
ney's Office that only two OF the witnesses have
ned, q third Is also missing, namely
THE BARTENDER
OF the saloon in which Dunn was shot. From one
who supposses he is intimately acquainted with
Sharkey and his intentions, we learned that the lat
ter so far from pleading to an Indictment the pun
ishment for which is imprisonment Tor life, Sharkey
demands an Immediate trial and hopes to get or
with a punishment Of three or four years In the
State Prison.
The case Of Sharkey IL strange one rom the
beginning to the end. His counsel, Mr.. Peter
Mitchell, is, or was recently, the law partner Of
Mr.. Allen, the Chief Clerk In the District Attorneys
ONCE tunder both Mr.. Garvn and Mr.. Phelps,,
who was Testers counsel, while his chief prose-
cuted him. The murder was committed seven or
eight months ago, has never been brought to trial.
ana the witnesses, upon which the prosecution
solely relied, are now no where 10 be found, and
not one dollar Of bail forfeited by their absence.