The New York herald., 1878-11-20
DID THEY CONFESS TT?
One Of the Prisoners Tells a
Curious Story.
FRUITLEss POLICE EFFORTS.
The Reward Increased to Fifty
Thousand Dollars.

tbe advance toward the place of concealment OF the
body. Whether the prisoners Whaen and Burke are
guilty Is yet to be determined, the magistrate having
bound them for trial. As to their guilt
Or innocence opinion seems pretty evenly divided
By the side their admissions and confessions
are pointed to conclusive, especially as they
roborated the same by such minute details many Of
which established collateray. The opponents of
this view explain the confessions the theory that
the men clever cracksmen and were only seeking
to divert tho police from the true crime by them
committed or about to be committed. The fact still
remains that the body is as far as from being
found.
JUDGE MLroN INVISIBLE.
ALI efforts to Judge Hilton ut his Office or resi-
dence in Thrty-fourth street yesterday proved un-
avsiling 1t ascertained by HERALD reporter at
the former place. however, that the had not as
sumed any new phase, Shortly before O'Clock in
the afternoon Judge Hilton called at the Police Gen.
trail Office and inquired for Inspector Mir-
ray. but that official was absent at the time
the Judge Immediately took his departure.
Among the rumors prevalent was one setting forth
that an important conference took place at Judge Hill
toms house last night and thatsome prominent police
officials present for the purpose of exchanging
views in regard to the most judicious to
be pursued in the search for the stolen body. This
runor could not. however. be traced to
any authoritative source, and the conference
alluded to is believed to be that held be-
tween Judge Hilton. Superintendent Walling,
Inspector Murray. Captain McCullagh and Coroner
Flanagan at Police Headquarters. Monday evening.
as set forth in the HxIALDof yesterday Judge Hilton
has decided to increase the reward offered for the
covery Of the remains from $4,000 $4,000. but
will withdrew the clause which stipulAtes that
the reward is payable until after the conviction
OF the thieves.
''READY ARREST AGAIN.
The police claim that they upon tho track of the
chief Of the gang Of miscreants that stole the body
and that he will probably be arrested to-
day. This man Is doctor Of medicine.
who some time since engaged lodgings in
house close to st. Marks ciurchyard.
He attended the service in the church several
casons and apparently displayed great interest in
the inscriptions upon the tombstones. He was
seen strolling about the grounds more than once
He moved away Immediately after. the theft
of the remains and has up to the pres
ent managed to conceal his whereabouts.
It is alleged that this the head and front of
the whole crime; that he planned the whole thing
and induced the others to carry out tho details AS
It might defeat the ends Of justice his the
location of his whilom domice withheld for the
present.
wHALRS BURKE ARRAIGNED AGAIN.
Everybody in Jefferson Market Police Court was on
the very tptoe Of anticipation yesterday. Hank
Whalen and william Burke. Captain Byrnes mystcr
GUS prisoners to be finally disposed of by Judge
Morgan and the Captain was to be made to tell all
about that man on Sixth avenue who informed him
of the prisoners completely in the Stewart vault rob-
berry. The examination room crowded by police
officers, the previous day. and the mother of
one and the partner of the other near Coun-
sellor stner who put in. an early appearance.
Captain Byrnes. and the two calrtiyes guarded by
police in citizens Dress arrived about twenty minutes
past one p. NJ. few minutes later the brief COM
plant based upon Captain Byrnes sworn statement.
published in yesterdays HEnALD. brought in and
signed by him. 1t reads folows-
Pol.lcE Cous1. SECOND DISTRICT.
s1 s1 Ss lr p9 c cag.sa sa e-s q ~ e Nee n9 ~
being duly chat sbeut The ,i day y NO
aciins together. feenioasi, remove the dead
lns s for thu 2, enF the sss
as e ds%% body o T The s
4 q stewart from tho yault in the shurehyard q s.
Nn, Tenth sslnY s;
Burke did acknowledge confess this dcponenl
Of sS % ss s I had % the oe
in tho Of deponent hereto annexed
and forming part OF tho complaint ,,n,,r.
Sworn before me- this 10Th day Soveinber-B r.
CAPTAIN BYnSxs CROSS EXAMINED
Captain take the stand please p said Counsellor
The Captain did So
Now. sir. 10 understand you to say az in this
complaint TO which you have just affixed your sigma
turc, that these either OF Them admitted tax
Ing Mr. stewards body from st. Marks churchyard?'
asked counsel.
Eyes sir:' replied the witness.
"When that confession made to you?"
'sOn Thursday night. between six and nine o'clock"
You rccoilect the testimony given by you yester
dayy'
II do sir'
I'm that you'n remember the answer you gave to
the question put by the Court:Does he confess.
did he at any time admit being of the party who
took the body of Mr.. A. Il. Stewart from St. Marks
churchyardY your answer "a here Transcribed by the
how do you reconcile that reply with the statement
you have made in yonr formal complaint
Because. while they do not say in many words
mat they had taken 1t OF the vault they admitted
being parties TO by stating that they had get other
people TO do tho work for them. the stencil
prom whom did you receive the information
about Burke's completely in the iobY'
II don't think 1t would be proper to give the mans
nafno ut this time
"Do understand you to say. then. that you decline
to answarY'
"Your Honori ask now that the witness be In
ptructed to givo that mans name. The defence is
entitled to know Of what it is accused and VINO its
Il shall entertain the Captains objection. Mr..
Stner, replied Judge Morgan. ''for prudential and
'Your Honor will note my objection to your rul-
Ing" said counsel. and then continuing the
examination asked: When and before whom
the first confession made by Durker"
Part of 1t was made In presence OF Officer Doian.
OF the Fourteenth precinct the remainder was made
before Doan and Sloyin, both officers; Hank Whalcn.
alias VTecand not there; lac was not ia custody
when the first confession wa made.
Now will you tell us. Captain, whether you did or
did not promise the prisoner any money If he showed
you where that body wasg"
REWARD, No PUSrsHMENT.
"Wtll. i told him Was willing he should have all
Inc money that was TO be had for IL, and DtrSc told
this to Vrecland or whalen, utng the words, We
can gel all this money II wc turn up the stn.'
did YOU guarantee them immunity from punish
mcnt?"
"Ihe words used were There will be no punish
ment. when We were going to Orange In the
risgc TO hunt for the body told them was satisfied
shcrc would be NO punishment as Was Judge
Hilton only wanted to get the remains back"
do you know of your own knowledge hen Mr.
Stewards body was stolen ?''
"No; know by hcarsay."
s.You Won't swear that ygecland alma Wbalep and