The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-20
ANOTHER DESPERATE CHECKED.

Trial and Conviction Of ssDan'' Kelly mt
White Plains, Westchester County,
He Challenges tho Court Having
No Jurisdiction-The ssMasked Bur-
glar'' Sentenced to Sing sing for
twenty Years.
When the Court of Sessions at White Plains,
Westchester county. opened yesterday morning
for the trial OF "Dan" Kelly, one OF the Infamous
gang Of "masked burglars" general surprise
was manifested at the non-appearance of his cOun-
sci. 1t had been well understood that Colonel
J. B. Fellows. OF New York. who appeared in behalf
Of tue prIsuner whcu the latter togcthor with "is
three confederates, was committed by Justice
Porter, OF New Rochelle would undertake the for
lorn hope OF defending him.
The prisoner, on being brought from the Jail into
Court by Deputy Sheriff Ford presented an ap-
pearance of utter hope essness, anu threw himself
impatlently into the chair assigned him, as though
the worst had been DONE and he now dehed the
law, its representatives and It's force. Indeed,
this fat-laced desperate might well conclude that
HIS CAREER OF CRIME
was about to receive O protracted check, as the
events OF the week gave unmistakable evidences
that Westminster juries are just now not disposed
to trihe with individuals OF his particular profess
SION. the Court proceedings commenced
the "lmmy" and the mask, inasmuch as on
Monday three burglars OF lesser note, Tor breaking
into the house OF a gentleman named Wells, at
fourteen years and the remaining two for thirteen
years eacn-whIC his partner Conway was about to
be consigned to the same home on the Hudson for
the iull term which the law provides for his
offence.
In response to question by Judge Oxford az to
whether tue accused Xpected Ills counsel to ar
rive, Kelly grufily replied that he dId not know,
the last time he had seen Colonel Fellows was
about the middle OI January, when 1t was under
stood that he was to be present with witnesses
the purpose o. attending him. Alter waiting
and witnesses for the prisoner the Court
proceeded with the trial and assigned ex-Judge
Cochran TO conduct the defence Here Kelly arose
and in an nsOient manner refused to avail himself
OF the assistance OF the counsel named, lpnlng
among other reasons. that as Judge Cochran had
been formerly
MAGISTRATE OF THE COUNTY
his prejudice would prevent HIM rom making a
Rood defence The Court then assigned him
another lawer, but the prisoner sullenly rejected
him also, at the same time protesting against
be ny tired IN tire absence OF mis- Witnesses Kelly
his case. telegram, which ial.ed 10 elicit a re-
spouse, was then sent to Colonel Fellows. The
MOak short e AS EACH was his wss
questioned by the District Attorney as to his fit
ness to tr, the case tne Court would INFORM the
prisoner that he had he rlgnt to challenge II he
let 80 disposed; out that mOrose individual
CHALLENGED HE COURT
tiaI; mat he (KeilyJ was simply "ngureheadn
brought into Court to be convicted and not to be
tried.
The testimony for the prosecution was manly a
repetition that gwen on the trial OF Conway, and
as there was no cross-examlnlng the case
Tor the people was closed with an
expedliousness not often witnessed in
courts lnere summing up
and Judge Clifford having briefly charged the Jury
they went out and returned In a lew moments
with a verdict OF guilty. Before being sentenced
Deputy county Clerk Mills was about to adminls-
ter the oath preparatory 10 asking he usual ques-
tons tn prisoners age, occupation. &C., but
Kelly dogRedly reused to be sworn, remarkng
aloud, You may take what Ia left VI me-" In
response to formal lnterrogatIons, Kelly stated
that he was y-tw0 years DID, bora IN New York,
was a carpenter by trade, and had never been In
State Prison or PeDltentary The Court then
sentenced MIN to twenty years at hard labor
Sing sing Prison.
Tue trial OF LARRY" Grimm and John Burns alias
"BIIlyU Woods, WILL take place TO day.