The New York herald., 1878-12-17
CRACKSMEN'S AUDAClTY.
A Desperate Attempt to Res
cue Red" Leary.
u ~ n q n . ~ H 8NNHN -
PINKERTON IN PERIL.

Thieves and Officers Struggling at the Door
Of Jefferson Market Prison.
II known generally among criminals throughout
New York and Brooklyn that two of the most famous
of their number to be examined at Jefferson
Market Court yesterday Accordingly long before
that place opened in the afternoon the corridors
and sidewalks were crowded by strange looking men.
Some Of them were keen. wiry ever on the alert and
eatliks in their motions; others brawny. burly
scowlins. sinister or resolute. But all were dis
guised- TO speak. They well dressed and
quiet They lounged about. smoking cigars and
talking in knots here and there but always watchful
and low voiced. Some Of them bore the marks Of old
conhicts their visaees and not few still carried
the air Of tho convict. which brief sojourn among
free people had been unable to remove. When the
door Of the court room swung open they filed in each
man moro than desirous to obtain q seat MS far
moved from the bar possible. and occupied every
bench the male sidc Of the auditorium. Judge
Otterbourg the Bench and minor matters
were being heard.
At two O'Clock Captain Byrncs. Detective slevin
and crowd OF officers from tho Fifteenth precinct
appeared and then It was whispered, "They have
comet they have comet" minute later Judge Nor
gan wAkcd from his private across the court to
the examination room and was followed by the
officers. The spectators before described did not
know how to get into that apartment and were there
fore Obliged remain in their seats few Of those,
however. who had been there the capacity Of Grim
inals on previous occasion made their way into the
examination and found John. alias "Red " Leary.
and John alias 'Butch." Mccarthy. awaiting exam
ination.
sia lN THE PRISONERS DISCHARGED. $40
There were, beside the captyes. Counsellor Peter
Mitchell I've six detectives. the Judge and several
members of the press in that chamber at the time,
and. without any preliminary circumlocution. the
proceedings were begun by Judge Morgan, who asked
Peter Mitchell if he appeared counsel for the prs
oners The lawyer said-"Well. cannot say that
do. had better say that can't tell yet whether
shall appear not. 1t may not be necessary, Your
Honor"
Very well, Counsellor Now where is Captain
Byrnes? Ah there you ore. Come up here"
Captain Byrnes. who had been standing in the
doorway, stepped quickly to the desk and the magis
trate said:-"Captain Byrnes. have you obtained any
evidence against these prisoners-John Leary and
John Mccarthy
The prisoners stood up without being told to do
mo. Judge" replied Captain Byrnes in clear
voice, II have not been able to get anybody who
could identity either of them having been in any
way connected with the Manhattan Bank burglary.
The janitor's wife refused to come to the station
would have been impossible to identify either Of
these men, the robbers masks when they
were at work. did sec somebody who thought Me-
Carthy resenbled one of the burglars physically but
that party would not swear to it. Therefore cannot
do anything more in the matter with them"
THAT being the case. I'll have to let the men go.
John Lcary, John Mccarthy, you are discharged. Go
out to the Clerks desk and give your names"
REQUrMrIoN MAssACHUsETTS.
The prisoners started along the passageway to the
Clerks desk. followed BY Robert Pinkerton. Deputy
Mccarthy gave his and stepped down, and then
Leary gave his. He had sooner done than
BY Governor Robinson for the arrest Of John alias
'.Rcd' L.eary. for completely in the Northampton
~ Who '- serves ti this requisiton p. asked Peter
y do" replied Hasson.
"Then you responsible for this mans body.
arc si {sn ssu., p
Counsel then quietly read the requisiton from the
Governor Of Massachusetts, aud. putting his hand
into his pocket drew forth two sheets Of paper and
beas corpus issued BY Judge Daniels rcturnable on
Wednesday morning, and this Is writ Of ceriorari.
Now: John Learys Just 60 quietly With this Deputy
there in little-whe." M M sata
The parties left the Clerk 3 desk, and both Leary
and Mccarthy were reconducted by Robert Pinkerton
and Deputy Sheriff Hasson to the private exarnins-
ton room. Jefferson Market Court deserted
mediately by the gang Of men which had hitherto
manned seated as described. Their departure
quite hurriedly made and they took up positions
the north side of Tenth street. opposite the private
entrance to the prison. Meanwhile Hasson and
Pnkerton remained with their prisoners in the side
room.
Bob" said Captain Byrnes to Pinkerton, 'you
may have trouble getting your prisoner down town.
Do yon want any heip9 There's pretty tough gang
IAN right. Cap. I'm pretty well fixed. aness We
can get along with them safe enough" rejoined
Deputy Sheriff Hasson, however, thought differ.
entity and felt that he had in his custody very des
xWx
hard cases, and for whose safe keeping IL was worth
while TO take extra precautions. Accordingly he
asked Scrkcants Suffice and Grant OF Inspector Dks
staff 70 stand BY him until he safely out of the
Captain Byrncs and his officers had gone, so the
and Hasson. The former had been employed by the
bank authorities to take "Red" Lesry to Massachu-
sets.
l - STRANGE MEN OUTSIDE
While all this was going on inside the building
corners Of Tnpth street and sixth avenue were two
gangs Of athletic fellows. One squad watched the
main entrance on sixth avenue, the other observed
what occurring around the prison door. On tho
corner Of the street . light brougham, with
Gns hors N S the 81 &c, ~, ss sdy G o1mns ~. rsSw
OPEN Despite its respectable appearance and the
neat livery of the driver ocer OF tho detective
force recognized the concern as being crooked be-
cause he certain the driver none other than
. noted thief named Ryan, who has just compieted
term OF five years in the State Prison. Beside these
persons there fifteen sixteen men lounging
In front of the prison steps, with their coats butoned
slightly ABOUT Tpe door OF the jail opened
Robert Pinkerton appeared. There Q stir among
the loungcrs and ono OF the gangs moved down from
the corner OF sixth avenue But pinkeron was alone
and it halted. lie hurried up toward tho avenue and
returned in a few moments with carriago. which
drew mp at tho entrance Tenth street. Pinkerton
went into tho prison and the gangs still.
ATTEMPT RKsCuE.
Presently man, wearing . heavy surtout trimmed
with astrakan turned the Tenth street
Sixth avenue and ran toward the group at the prison
steps. He said something, which was heard by those
only for whom it was intended, and then the group
crowded about the steps, which not bounded by
ratings OF any kind whatsoever There was q brief
wait and several children coming from school lined the
opposite side Of the way, wondering what could be
about 70 occur. The door opened, and Robert Pink
erton with both hands IN his overcoat pockets reap
peared dcscended the steps and threw open the