The New York herald., 1877-01-06
THE MASKED BURGLARS.

or THE PERSONS RoBRED.
The five members OF the gang OF Astoria masked
burglars, arrested on Wednesday night by Captain
Murray the Fourth precinct assisted by Detective
Carr we're examined yesterday by District Attorney
Downing Of Queens county, before Police Justice Par
cells at Astoria and, alter careful investigation werc
committed. without bail, to await tie action Of the
Grand jury
Although The examination sot down for twelve
O'Clock and the New York officers and the Astoria
officials were on hand that time, the hearing was
delayed for hours account of the absence
OF District Attorney Benjamin w. Downing, OF
Queens county, who was. to conduct the proceedings
At three O'Clock a telegram was received from him
stating that he unable to cross over from New
York on account OF the ice in the river, but would
take the next boat.
ARRANGEMENT OF THE PRISONERS
Half hour he arrived and the prisoners were
brought up the cells and seated within the railing
s.Jamcs Rely jeremiah Mccarthy, John Schmidt and
John James," SAID the District Attorney, ''you and
cacn OF you are accused jointly with having burglari.
ousy entered the house OF william II. Green in As
tora this county, with intent to rob and steal and
with having robbed and stolen. James Reilly what do
you say that charge. guilty or not guty9" Tier re-
sponse was a very feeble equity and the eyes OF tho
four were fixed in vndictive manner upon the
speaker They all pleaded 'Not guilty." Schmidt, tho
German adding sulleny, 81 know nudding about IT..
Captain Murray was sworn, and, in response TO
the questions OF the District Attorney, told
the story OF the search and capture substantially as
detailed in the HERALD yesterday. The prisoners not
being represented by counsel were invited 10 ask Wit
ness such questions they chose, and Schmidt avaed
himself freely OF the privilege and made number OF
little speeches dcclaratve OF his innocence When
Captain Murray produced the gold pencil case winch
formed first Ink connecting the prisoners with the
robbery ana stated that he had procured II from ono
to whom it given by James, the latter assumed
surprised and demanded To known what proof thero
was that he had ever had the trinket
Hubert Carr, detective OF tho Fourth precinct cor
roboratcd the testimony OF the Captain, He had never
them; the others he Knew Mr. Carr was
very i'll. but Notwithstanding, remained in
the court ready to give whatever information
he could throughout the examination The knives
identified by Mr. Hitler we're, he said, taken from the
pistol TO the thel's head. The cigar holder identified
by the gentleman Mr.. Carr took from the pocket
Of Mccarthy, together with skeleton Key.
who is cross-cycd and evidently very
weak minded volunteered the explanation that tho
key question 'opened his back door" and that he
had borrowed tho holder from Reilly to smoke cigar
with. Considering the length OF time the prisoners
had their case, those explanations
considered by tho officers display great poverty Of
Invention on tho part OF Mccarthy.
scnMIDT's PROTEST.
Schmidt asked Mr.. Carr whether he knew anything
evil OF him. and being answered in the negative. be.
came cmboldened, and proceeded to declam. "Why
..lM tell yon why pretty soon," said tho District
Attorney ''wc can't prove everything at once"
schmidts only reply TO this was grunt and sudden
loss OF cnrontery.
Mr.. William IL Green testified that he had lived In
Astoria Tor many years; on the night Of December ~
he was at nome with his vile and child and his wles
sister, in the other part OF the house. occupied by bis
brother there were himself wife and child and three
brothers. law named respectively Alfred, William
and Mortimer Willis, sister law, Nellie Willis, aud
other persons about one O'Clock his wife woke him
up aud SAID there some one IN the house; he saw
10 haAr hn inidh he hand
his revolver, and one Of the men said ''You have
revolver in this room and want IT.; tho cartridges
that lit it are in your barro0m.'
District At,orney-Do you see that man present,
Mr.. Green? II so, point him out
witness-tpontng at Schmdt)-Ycs, sir; should
Judge that was the man.
schmldt-wagg,ng his hcad,--"Oh, dat won't do,
George. u.aush'erJ DAYS only your judgen' on it,"
District Attorncy-"Oh WELL we'l prove 1t to you
more precisely by and by, Schmidt; don't DO in
hurry"
heard there $500 In gold III the house and de.
mandcd II; gave him the pistol and told him II he
would spare our lives would give him all we had;
then he ransacked the drawers and came back TO the
bed; all this time thero four men in tho room;
The man whom believe to be Schmidt asked whether
had any rings on my hands; showed him had not; ;
then he asked see my wifcs hands; she had two
rings, aud he was about 10 pull them off when she
cried. 'For Gods sake don't take my wedding ring;"
the thieves then lett the rings and began to turn
the bedcotnes saying we had money there, and finally
insisted upon getting out Of bed so that they might
search II.
FOUR GENTLEMEN RoBBrSG A HOUSE,
knocked at the door OF my sister laws room and
SAID, Don't be frightened Sarah, but lie still here
four gentlemen going TO rob the house," tho
thieves carried OF the revolver quantity Of clothing
and other ARTICLES, including gold pencil belonging to
my wife,
Here the District Attorney showed witnesses the
pencil which furnished the clew In the and
he identified II as tho one stolen IRON ms house
"whe the iour men in the room," he said,
'there II th stand pg outside the door," kerosene
lamp he added, was burning, SO that could have dis
tiuguishGd their features they had not been masked;
they carried with them lamp which they took from
the barroom the nrs floor; my wife saw all five OF
them; identity three of them here now; they are
Rellv James and schmidt; several Of them pointed
pistols at me; all carried pistols but one, who was
armed with my carving knife.
Witness 'swore that the man whom ho took Tor
James carried pistol similar 10 that taken from
James.
Schmidt, adding some uncomplimcntary remarks
about the mother OF witness.
Witness said he showed the burglars to the front
door and they bid him good night; next morning he
found the robbers tracks IN The SHOWS there was
impression OF an immense foot like scnmidt's.
Mrs Green corroboratcd the testimony OF her hus-
band and identified the pencil as her property
ana black veil picked up In the iheves boat part
OF tho property stolen from her house. She identified
John James and Rely as Two OF the burglars, and
thought schmidt was another, as she knew his voice
aud had HIM standing by her bedside WIN por
ton of dress Of hers tied around the lower part OF his
face.
Sarah E. Isisk, sister Of Mrs Green, testified that
she was awakened by Mr. Green knock ng at her door
and crying saw four of the men then come INTO her
room; one OF them, who ocarrIed lamp aud ransacked
her satche looked like john Roberts
Alfred Willis was lying IN same bed with his brother |;
woke up aud saw the reflection OF hight under the
door, aud, gong out. was met by Schmidt, whom
he positively identified; Schmidt had loaded revolver
ana drove him back into his room.
This concluded the examination upon the charge Of
robbng Mr. Green's house. ana the prisoners being IN
terrosaed pleaded not guilty 10 the charge OF roDD ng
the residence OF Mr.. Michael l.. Hitler on the same
night The only member OF that gcntcman's amily
present court his twelve year old daug ughcr
Juiia who and testified to the lacs OF tho
robbery as already detailed IN these columns she
Identified Schmidt as one OF The gang
rLUChY GIRLS REPLY
Not a little ncrriincnt was created by the witness
relating the plucky manner IN whIch the burglars
we're treated by her eder sister Anne who slept IN
the room 10 her THIS young hay when asked
10y the scoundres where they could ind property
told them that there Bible upon the table and that
they might take that and stu0y II with advantage.
When they about TO leave che sarcasticay v
wished them "a merry Christmas and happy New
Year, which compliment WAS suitably responded to.
Then she payiuy remarked that the best thing they
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