The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-19
WESTMINSTER JUSTICE.

! The Trial OF ssPatsy'' Conway at White
Plains acknowledgements Efforts OF
the Defence to Prove an Alibi-NO
| Mercy for "Masked BurgIars'--Tne
Jury Promptly Render u Verdict OF
"Guilty' as Charged in the Indict-
ment.
The trial of "Patsy" Conway, alias Conroy, for
burglary in the first degree and grand larceny at
the. residence of Miss Lydia II. Emmett, near New
| Rochelle, on the morning OF December 23 1873,
was continued IN the Court of Sessions at White
| Plains, Westchester county, yesterday. The in
terest manifested In the case on the preceding day
seemed, II anything to have increased, as was
| evidenced by the rapt attention OF the numerous
auditory which renamed in Court throughout the
proceedings and the excited manner in which men
discussed the testimony, both the street and in
the places OF public resort. The examination OF
witnesses on the part OF the prosecution was re-.
sumed.
Morris Leviness, an FISHERMAN, living at City
Island, testified to having in connection with
william Baxter "a witness who was examined on
Tuesday,, on the morning OF December D. ferried
six or seven men from City Island bridge across
Long Island Sound to Great Neck dock. The
witness FULLY corroborated the testimony OF Baxter
and positively
IDENTIFIED THE PRISONER
as one OF the parties in the boat that occasion.
Detective Richard Fields deposed that he had as
sisted at the capture Of Conway and others a
house on the corner Of Washington aud Canal
streets, New York. He identified the articles and
implements secured in the place named, consisting
ofdark lanterns, handouts, '.jimmies' c'sectonar'
and ''prongD hats, pistols, powder Masks spatuas
masks, valses, besides many other tribes, doubt
less useful to the burglarious fraternity.
Detective Elder also Identified the articles above
enumerated as having been captured at the same
time and place as the prisoner and his confed.
crates. At the suggestion OF District Attorney
Briggs the witness took one Of the large 'jimmes''
and found 1t to correspond precisely with hole In
piec Of wood cut out OF desk in the house OF
Miss Emmett which had been broken open on the
morning Of the burglary
The case for the people having here been closed,
Mr. Townsend arose and stated that he would not
make any opening address; that the defence pro-
posed to prove an aiibi and he would at pro-
coed to call witnesses Tor that purpose.
TESTIMONY FOR THE DEFENCE.
Margaret Constantine testified that she lived in
Mott Street, New York, and had known the pris-
oner for three years; that he came to her house on
Monday, December 81 and remained there eating
his meals every day and sleeping there every night
until the following saturday; the prisoner slept
with her nephew, and was complaining OF rheu-
natSm
dcted herself more than once, and admitted that
her son-in-aw, William Brickley, through whom
she became acquainted with the prisoner, is now
in the Kings County Penitentiary. anu had also
been In Sing Sing Prison, where he was accused o..
killing another convict named JefYerds, for whose
murder he was afterwards tried and acquitted
William Constantine, husband of the last wit
ness, testified that he was pedler by occupation,
and knew the prisoner; that the latter had stopped
at mis- house In Mott street, day and night, during
Christmas week.
THE DISTRICT ATTORNEY AS A WITNESS.
Counsel for the defence here requested District
Attorney Briggs to take the witness stand, and
that Official having been sworn, testified that he
did not know the witness, Margaret Constantine
and had never, to his knowledge, seen her in New
York or elsewhere. This action on the part of Mr..
Townsend was evidently In retaliation for the line
OF crosse Examination adopted by the prosecuting
officer, who had questioned the witness closely as
to whether she had not seen and conversed with
Margaret Constantine, alias Brickiey, testified
as did the proceeding witnesses, that she had
known the prisoner for two or three years. She
corroborated the statements OF her parents regard
ing Conway being at their house every day and
out In his company on the evening OF Monday De-
cember 70 and spent some time with him at the
house of her friend Mary Anne MCGOWAN.
Mary Anne MCGOWAN testified, IN her cross
examination, to seeing the prisoner at his own
house on the evening OF December o. while she
was on visit to ms vile.
In summing up to the jury Mr.. Townsend made
an earnest plea In behalf OF his client, and, while
argued that as there was reasonable doubt OF his
identity In this case the jury should give him the
/ benefit OF that doubt as the law mercliully pro-
vides.
District Attorney Briggs, in his address to the
jury, depicted wildly the enormity OF the crime
with which the prisoner was charged. and por-
! trayed the terrible consequences 10 society Jus
! tice was not promptly melted out 20 the perpetra-
| tors. He expatlated on the overwnelmine esiuenes
as to the guilt OF the accused and demaneeu ~ ~
| behalf OF the community at large conWcuon az
| their hands, His mastery and logical speech,
witch Consumed nearly two hours, was listened
to with excessive interest by tue large audience
present. , 49,, ,r,uor,,o, o,.~.o
,rom Judoe clifford the Jury retired and after being
ont about 1--WE minutes, returned into court with
'At the request OF counsel for the prisoner the
| Court consented to defer sentence until to-mor-
row. - .
! ,.ue, =. the notorious masked burglars, will he
commenCeu today.