The New York herald., 1878-08-25
THE STONE ROBBERY.

M'CoY. WATSON AND HART IN counr-A cRAae1
or CONSPIRACY MADE AaAINsr THE POLICE
THE PRISONERS HELD FOR TRIAL
When u further investigasion or "Bs Frank" Me-
Coy . oomphcity in the s.ens robbery was set down
for yesterday morning, the instance Of his counsel,
tho latter stated that they had Witnesses n readiness
whose testimony would completely sxonerats .hs ac-
cused wnen the called yesterday IL was mo-
tccsble tho captain Of the Twenty ninth, and the
whole force Of the prosecution, we're absent Mr. A.
Oaksy Hall msdc q motion Of Adjournment He said
that owing to adverse influences the defence had
been unable 10 secure the attendance Of witassses
whose evidence OF vital Importance TO she pris-
ouer.
Judge Murray observed thar the settlement OF the
case had been deferred several timss that result
seemed hkoly to come Of IT, anu inquired what the
nature Of The evidence was which they deemed 50
valuable.
POLICE ISrEEVERExcE.
To this Counsellor Leo Schwab replied, a. ne had
been charged with the mmoniag OF the Witnesses.
I'VE claim, said hs .thst our client 10 innocent OF
the charge preferred against him. We hold too that
the police arc themselves OF this and that they
Know well who the real CRIMINALS are. The w.t.
nosses whose testimony we desire TO submit
are people VINO saw the roboery oi Mr. stone
and testify rs to whether client cerned
In It or not We have opened communication With
some OF them ana never ianoIed any obstacle wonld
the ofncsrs OF justice themselves We have been In.
formed however, that our clerks have beon sob.
jected TO srrveiiiance and followed BY police
ouncers who have prevented the witness aliuds Ia
from offering their testimony 10 view 81 these
facts deem Adjournment necessary. We desire
10 SIT this matter and nsnesty state to the Coart
that client Is conscious Of his Innocence and will
soon be abe TO prove g."
This statement coupled with Captain williams' ab.
sence led the magistrate to adjourn u I'LL saturday
noxt
on BURGLARS EvfpKscr.
MCCOY being disposed 0 OF the Othep
prisoners charged with the same ohence called,
and "Big jim" Watson and "BIliy Hart' were led
before the bar Al the iast hearing point had b~ss
raised by Mr.. Joseph Suner, their counsel touching
the validity OF convic's testimony, and yesterday
when the opened he movod for the dis.
charse OF the prisoner Watson, on the grounds
tina. nothing 10 tho ev,dencs connects bin win .hs
The only test ony submitted was that he mad peen
seen l65 feet away rsm the house. vito Eighth ave.
nue. intervening Hc moved Hart's discharge bscsaso
ne net connected with the burglary, except on
the evidence OF Charies A. serrsns, VINO acknowi.
eiged the comm ssion Of q felony tne serving oi
term la State Prison, and who had never been par
don,d by the Governor. This, counsel held in-
capscitatcd MIN from being received as witness
according to the laws OF the state
Judge Murray said that he had gwen toe point much
considsrator as one likely TO be frequently involved
grant It He bell, we'd that where the evidence of .
convict Carried out by corroborativc proofs from
other sources should he gwen due weight In this
Instance SerrsDe bad warned she police oil uskeisrys
d.scribed. tie had accused watson ana Hart cf IL
One OF them had been proved TO 90 Ia the neigh
borhood at the iimc OF ts commsslos ana the otnes
was otherwise onaected WITH ~ From suoh q state
of facts tho Ju ige said felt DO and scoep tue
convicts' testimony aud hold the prisoners 10 81 QUO
or trial Coupselivr Stiner denursed at thIs aud
corpus ana bringing his objections before q higher