New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-02-20
A MASKED BURGLAR CONVICTED.
NELLY sENIENCsD TO TWENTY YEARS ImrRIsoN'


Dan Kelly. who escaped from Auburn Prison
NJ time when had years yet to serve, was treu
in the Court Sessions at White Plans yestefday on
charge of having with several other men, eneren the
dwelling OF Miss LYDIA II. Emmett III New Rochelle Dec
o. and after threatening TO shoot the inmates so'c"
eyerything valuable in the house. COL Fellows "ho
nod boen engaged as His counsel by Kelly not arriving
a, the time get for the trial. Judge Clifford sent for eH
doo 1ochran and asked him TO act as counsel for the
prisoner.
Kelly refused TO accept OF his services ana protested
against being by the Court asserting that he eouo
mot have n fair trial that he had not received any c'
Tor his counsel Col Fellows. for more than week
and he did not know anybody else except Mr. La rkn
who was not present Kelly then asked to have MS pro
tc., n,aced on record Mr. Hubbel was then assigned
10 defend the prisoner but the latter would ho'u ho
communication with that gentleman. Kelly was then
asked if he intended TO defend himself TO which ques-
ton he REPLIED that did not intend TO do anything
thai ne did not expect be tried only to be convicted
that ho wanted fair trial. he did not care how he GOT H.
INT he did not expect 1t there. When the court OK
messed determination to proceed with his case key
said he wanted q delay to get his Witnesses
Judge Clifford said that he must deny the request nh
less good given for the delay asked heS
replied that he had none TO offer.
The following persons then sworn IN as jurors III
the case : j. s. Blydenburgh. Sands Selleck, John l.
Travis, VIM Reynolds. John Wallace VIM II. Greene
lanes d. McCabe, George f.. Nanderbure, HERMAN
Lyon John H. Ferris, Jacob Jaeger. ana Mlchaei MT
Hurh respectively called ana acceped ~
nrors the court asked Kelly II he had any objections 10
make 10 them and each time the prisoner mueted lhhl
he had not as II would make no difference any way
Kelly then said that he did object 10 Judge Clifford VINO
ne claimed was prejudiced against him. subsequently
Judpe fford informed Kelly that be had IL rght 10
challenge any Jurors, when the prisoner fepled
I'm an insulting manner: 81 have no challenge 10 make
10 any OF the Jury. but do challenge YOU" - -
The hearing of testimony was then begun Johh Il
Emmett described the manner In which the
masked men obtained entrance To the house
He said they into his room, aroused
him from his sleep. and fastened his arms behind ms
back with bandcus the burglars brought
placed all under the guard OF Of the gang He was
sure that the prisoner at the bar that man. The
prisoner remained in the several hOurs, ana lac
scrutnized him carefully. When lie saw him when hfst
arrested and among other prisoners lac had no dhcGly
in Identifying him. x,,,
Mr.. Burger, Miss Emmett, and Detectives Fields ara
Elder gave the testimony that they had gwen AZ
the trial of COnTOy, the day before. Kelly sad ne hau
no witnesses. and declined TO make any statement.
District Attorney Briggs said that he would ueclhe 10
sum up the facts against the prisoner under the cTcu
stances Judge Oxford briefly reviewed the testimony.
The Jury retired, and, after two minutes consultation
returned to the courtroom and rendered n verdict
against the accused. Kelly, being asked he had
any reasons give why sentence should not be pro-
nounced again protested against his being tried Judge
Clifford then sentenced hun 10 40 years lmprlsonmtbt
al hard labor in Sing Sing Prison. Two hours aiter-
ward Kelly was taken to Sing sing The tflaI oi
Larry" Griffin will be begun to-day.