The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-24
PRICE TWO CENTS.
IMPRISONMENT FOR LIFE.
THE SENTENCE or THE MURDERER OF
LITTLE MfGGTE B.fUER.
The District Attorneys Acceptance of the
New Plea offered by Mr.. Hichnrd Illus
tced-Frank McConicbrs Lucky Escape.


The trial of Frank McConlchi for the mur.
dot Of little Maggie Bauer. which began in the
Queens County Court House on Monday. ended
abruptly yesterday. Before the hour of opens
ing court a mysterious and hurried consulta-
tlon was had between the District Attorney and
counsel for the defence. On tho opening Of
court Mr.. Richard Bustccd. Of counsel for the
prisoner. said. Mny 1t please the Court. de-
sire to enter. on behalf OF the prisoner. plea Of
guilty OF murder in the second degree. prefer
TO do this rather than risk conviction OF MUIR
der In tho first degree" Mr.. Busteed spoke OF
the danger of hanging innocent men upon cir
cumstantial evidence. but he did not urge that
McConichi did not kill little Maggie Bauer.
Numerous instances were cited in which II was
proved after men had been hanged that they
were entirely innocent Of the crime for which
they had been convicted. In the case of Frank
McConichi tho confessions still remain on
record in evidence. notwithstanding tho efforts
oi the defence TO have them stricken out by the
The District Attorney said: "I on behalf OF
the people. accept the new plea offered by tho
counsel Tor the prisoner, still think, however.
self n crime. which strictly. comes under the
head Of murder in the first degree; but in con-
sideruton of the fuct that IL has been proved
that McConichi Is q person Of weak INTELLECT. In
fact an irrational human being perhaps the ex-
treme penalty attaching to. murder in the first
the opinion that the ends Of Justice will be full
filled II the plea of guilty in the second degree
bc accepted. and McConichi sent TO State prison
for lifc.'
Judge Pratt. Judge Armstrong. and the Asso-
ciate Justices ON the bench after consultation
took the samc view. Judge Pratt snid: The
interests of the prisoner. well as those OF the
people. have been zcalously guarded In this
trial; and am free TO say that much evidence
has been tnken which is improper to 30 before
the jury. The confessions OF the prisoner which
have been included in evidence were not. in
some respects. rightfully obtained. The Court
decides TO accept the new plea offered on bchalf
Of the prisoner-guilty Of murder in the second
degrce."
Judge Armstrong said: Frank McConiohi,
You have had a narrow escape from the gallows.
The sentence Of the Court is that you he con-
fined in Sing Sing State Prison during the res
mainder of your natural life. Although YOU
have escaped death at the gaows, your sentence
consgns you to u living tomb"
Tho following new confession Frank McCont-
chi mnde i'm his cell yesterday morning;
Il grabbed Maggie Bauer as she was passing
the corniisld. then pushed and dragged her
to the middle of the field: and to keep hor from
screaming, / clasped my hands around her
throat. When got to the spot where she was
found. tied her bolt around her throat. did
this to keep her quiet. and did not mean to kill
her. When found what had done, became
frightened and ran away leaving her in dying
condition"
After the adjournment Of tho court. McConi-
chi's father arrived at the Court House. and
was astonished 70 find that the trial had endod.
He was much d disheartcncd because his son
MAS not acquitted.