The New York herald., 1876-11-21
THE BROCK MURDERERN.
A Brief Review of the Crime and
Its Consequences.
WHAT THE PRISONERS SAY
One Of the Jurors Thinks Both Men
Ought to Die.
OPINION OF COUNSEL

fhe editorial In yesterdays HERALD in relation TO
the apparent injustice OF the OF osch
Ryan, the Newark burglars convicted OF the OF
policeman Stanley Brock was tho cause OF much COM
ment In Newark Laymen generally conceded with
the opinion that to hang two for tho crime OF
was maniiestly unjust and the HERAIDs article
popularity sustained The concerning which this
question has arisen may DO reviewed briefly as toll
lows
Between twenty-five and thirty minutes past Ave on
The morning OF August s. 1876 Policeman John Stanley
Brock. OF Newark. was shot by Of burglars
the temporarily house OF Horace Bede corner
of Clinton and Murray street On the evening
Of August Charles Oschwald the son Of Springfield
avenue saloon keeper, and Thomas Ryan, re-
siding No. 256 Academy street, were ar
rested, charged with the crime on August 10
Brock died, leaving an ntemortem statement OF the
circumstances Of the shooting. on the 18th Of October
the tria OF oschwald and Ryan began in the Essex
County Court OF oyer and Tcrminer before jury and
Judges Depue and Ricord. Hon. Samuel Morrow Jr
and Senator William J. Magic, OF Elizabeth, appeared
for oschwald, and Ryan was represented by william
H. Hagaman, young lawyer OF Newark. The State
represented by Prosecutor G. A. Abce and Attor-
ncy General Vannata The trial occupied fourteen
days. and large number OF witnesses were exaained
When the testimony was in Prosecutor Abccl summed
~ the case against the prisoners at length. hc was
followed by Mr.. HaGaman ior Ryan and by Mr. Magic
Tor Oschwald. The closing address was made by At
torney General vannata- Judge Depue delivered the
charge 10 the jury summing up the evidence minu,ely
and reviewing the case at length
PROSECUTION
In us argument claimed establish the Identification
Of the prisoners by the testimony OF John RUSSELL who
Ia two in the OF leaving Beders house
while he was in his chamber window, which overlooks
Bcdclrs back yard by William Dean, who heard two
simultaneous pistol reports and leave
Bcdell's house carrying certain black bag; by COL
ored woman named Deborah Dunmore, who two
passing up High street toward Springfield
carrying black bag, and, nnaly, by the bag ITSELF
which two men, known to bc 0schwald and Ryan, left
low saloon kept by Reuben Roe, on Spring
deld avenue where it found some time afterward
The evidence OF the prosecution showed that the en-
ire detective force had been engaged endcavoring
10 ferret out the crime
The defence in the was an alai Counsel had
baps OF the locality, by which they endeavored to
Prove that 1t was impossible 10 pass tho distance
between Bedells house aud Springfield avenue where
Ryan and Oschwald we're seen at twenty-five minutes
10 SIX Considerable effect given the fact that
Two pistol reports were heard aud several witnesses
testimony cited prove this counsel dwelt on
Tho fact that thorough aud careful examination
OF the premises iaei discover whe reabouts of
the second bullet The first killed Brock 'but what
said Mr.. Magic, 'bccamc OF the bullet which fred
from Brooks pistols Undoubtedly il came IRON his
weapon Tor one chamber was found eaptv Gen.
ucmen. SAID Mr. Magic, "that bullet Is not in Mr..
Bedelrs house, II is not the bodies OF either Ryan
achwald; but II 4 IN the body OF the who
mittcd this deed. Who is he Not these prisoners,
Jurey.n
Charles oschwald's previous good character was
claimed as an argument against the probability OF his
commitiing the deed, and the TACT that the prosecution
scknowIedsed by implication, though not directly,
that they did not believe that Ryan did the shooting
c,scs OF mistaken identiy quoted TO shake
Fussels evidence and Deborah Dunmore claimed
10 bc untrusiworthy. The identification OF Fusse Of
Two the dim light OF the morning, several hun
arcc icet distant. alter awakng IRON sound sleep,
and when seeing them Tor only moment, declared
Impossible. Tho defence. counsel said, obliged
TO rely much upon the testimony OF members
Of oschwaid's iamili because there were
GAINED his address that in the taking OF testimony
he had put oschwalds brother in position where he
could easily have lied and cleared his brother but
Mat he told the truth, landing the iempta-
lion. Mr. Magic said he personally believed the pris-
,ners gutiess OF any part in this crime
When the case Was submitted 10 the jury they re-
ired immediately and remained out from Saturday
uicrnoon until hali-past ten sunday morning rhcy
cndcred verdict OF murder in the first degree
gainst The PRISONERS 1t was understood that they
ook several ballots without agreement but tho jurors
'cfused to state their differences The prisoners re-
revca the verdict quietly. Rynns eyes lllcd with
tears and 0schwald trcmbed violently. They were
taken back Jail, where they conducted themselves
quietly and seusiby until last saturday, the 18th
inst, when they were brought TO court Tor sentence.
strange The hlled with audi
,n't that eyiden,iy sympathized somewhat with the
T,soncrs while within the bar where only lawyers
usually admitted were number OF ladies, fashion
,bly dressed and bearing the stamp OF deep curiosity
their faces When tue two unfortunate
placed the prisoners box Judge Dcpue and
With extreme impressiveness begun slowly rcad the
rntencc There hush OF silence in the room
hat made the nervous clearing OF the threat by
)schwald painfully audible. Judge Depue. in tho
iocmn verbosity Of the law, stated the crime aud
iskcd the prisoners # they had anything to say Tor
Rlrn~ Dsfh hUulf nAtht ina anf Rga
md with solcmnIty and dignity which impressed
Ihe most casual observer, sand IN clear voice and
with rounded, distinct enunciation:-
''Your Honor, | suppose II Is almost useless for
10 say anything II is true, have been convicted OF
other onences but OF this offence with which stand
charged. whatever my fate may be- the Almighty God
knows that innocent There hystercal
sob or so as the prisoner said tins, out the agitation
died away In n confused murmur OF sympathy as
Judge Dcpue proceeded TO read tho sentence IL was
somewhat lengthy for such document restatng the
case, oompiimenting the counsel OF defence and ure-
ing the prisoner ITO seek 10 make preparation Tor that
dread event which shall close your eariny career"
The sentence finishes with the simple and words
lhat the prisoners should be hanged the neck the
Jail yard the 9th day January next bel ween the
hours OF ten ana two O'Clock sunul your bodies be
dead and may Tod have mercy upon your souls"
straight. stalwar and unfinching the Swo prisoners
stood until the last and without one tremor OF terror
There rustic OF relief and subdued hum or
convers alton among the audience which was soon
checked Then there came sound ofweeping from
Ryans aged father, who sat near him, with his gray
head bent In utter agony There were plenty of tears
in tho audience after this, Tor tho old mans grief
toucneu every nearI prisoners were quickly re-
moved and, chained together led TO the pri
rate exit where they were placed IN the BLACK
Maria and taken thence to the county jail, where
they occupied the cell ina, Bolts. murderer OF Pct
Haistcad, confined in Until he met HIS death
WHAT THE coSDExsKD
In reply 10 a HERALD reporter tho prisoner Ryan
said yesterday "An I've got TO say Is Pm innocent,
and God knows IL" When interrogateo closely
he reviewed The evidence Tor the prosecution, men-
uoning particular witnesses and occasionally appeal
Ing 10 oschwaid, hts companion IN the cell Ryan,
has been spokesman for the pair throu ghou tho
affair, s small thin man with black eyes, intelli-
gent face and widc forehead. He Is GLIB OF tongue
and great facility of expression. oschwad is OF
aIarger frame and Is decidedly Teutonic counte-
nance, somewhat morcse In disposition, aud sp-
parenty disiucned to talk about ms connection with
The murder. He expressed himself TO the effect
that 1T is put up JOB on Us all
,hrougbn but when asked "who did The put
une up" he lcn the reply TO his companion.