The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-15
MRS. DE BARY'S EARRING.
JOHN FLYNN TO FOLLOW Hrs FELLOW
ROBBER TO SING SING.


A Conviction that WIN Make u Safer for
Ladies TO Wear Their Diamonds on FInh
Avenue-Mrs. Fiynn's Attempted Suicide.
John Flynn, alias Fat" who was jointly
indicted with David Pender alias Davy the
Kid" for tearing a solitaire diamond earring
from the ear Of Mrs Augusta Do Barry. at Fifth
avenue and Forty y-third street. on the afternoon
OF tho 14th OF February last. was tried yester-
day, In the General Sessions. Within the bar
sat many richly attired ladies. friends Of Mrs.
De Barry. She did not attend. Assistant District
Attorney Bell. the prosecutor. said. because the
excitement OF the trial would be dangerous for
her. She was in q adelicate state OF health when
the robbery was pcrpetrated and the rough
handling that she received from Davy the
KID was very injurious. Near tho ladies sat
Tony Pastor and Mr.. Henry Bergh. Flynn's
wife. a comey and tastefuy dressed woman.
sat by his side. She held little child in her
arms The child threw kisses to her father. or
patted his cheek. Flynn. however. paid little
attention to his wife and child. He intenty
eyed the gay group of ladies within the bar. He
has grown fatter in the City Prison. He has al
ways been so corpulent as TO win the alias OF
Fat" He wore none OF the hashy clothing
that he had when he taken 10 tho City
Prison, but he was dressed. even to his necktie
in black. Mrs. Anna G.. Swan Of Hoboken. N. j..
who was walking with Mrs. De Barry. in Filth
las'. gave an account OF tho robbery.
Flynn's admission Of guilt in the Jefferson
| Market Court WIS excluded on tho ground that
Justice Wande did not warn Flynn that he
might testify or not. but that what he said would
Thomas Freeborn. Of 1s East Forty-frst
street. testified that no pursued Pender to the
| foot OF the bridge crossing tho yard OF tho
| Grand Central Depot at Forty-nith street. He
is neshy and when he reached the bridge he
| was winded. Flynn and another man kent
pace with him throughout the pursuit, and
over the bridge. Flynn pointed after Pender.
and said, as though to deter him from further
| pursuit: Pshaw! he hit his woman; that's
| all" Then Flynn and his companion walked
leisurely over the bridge.
Capt. Byrnes testified to arresting Pender and
Flynn. and repeated the Substances Of Pender's
| confession duplicating both men in the rob
berry. When Informed of Penders statement
Flynn said II he sticks to that he'll settle me. -
| Flynn testified. in his own behalf. that he Is
| 20 years Of ace. and that he was married in the
| Church of the Epiphany three, years ago. He
| formerly kept barroom at Third avenue and
| Sixty sixth street and when he was arrested
| he was the proprietor OF the cigar store 1.237
| Billy McGlory's barroom at i03 Bowery. Pom
der visited this harroom when he was tho
third street on the day OF the robbery. on his
| way from his cigar store TO his home when he
| saw Fender, running. He did not recognize
| Pender. hut he Joined In the chase out Of curl
| osity. Capt. Byrnes closed barroom that he
| kept in Bleecker street. a few months ago, and
six months" He made no admission OF guilt
| in the Mercer street police station nor in the
| Jefferson Market Police Court.
| Thomas Flynn. Flynn's father. who has been
| master builder for fourteen years. and built
| 200 houses in the Nineteenth Ward. and several
| reputable business men testified as to Flynn 5
| reputation.
| fheiury was out twenty minutes. When they
| entered the court room. Capt McCloskey. in
| tending to avert painful scene. directed ofi-
| GERS 10 show Flynns mother and wife into the
| corridor. As the door closed behind them the
| foreman announced that the jury found Flynn
| guilty, but recommended him to Judge Cow
| ings mercy. Flynn's horid face turned white.
| and he grasped the bar His lawyer asked tina;
sentence be deferred that papers might be pre-
| pared with "a view To mitigate II. Judge Cowing
| said that he believed that he could not make
any discrimination between Pender and Flynn.
and that he must sentence Flynn 10 State prison
| for twenty years. He granted Flynns lawyers
| request. and ordered that Flynn be- taken TO the
| City Prison.
| Flynn was handcufed. and led out Of the
| court room. In the corridor his wife saw him.
| The handouts told her Of the iury's verdict.
| She screamed and. waving her arms wildly.
| ran to the window NJ the end OF the corridor.
But the sill is nigh. and sloping bin for refuse
| paper Is built up 10 II from the floor. As Mrs.
| Flynn struggled TO reach the sill evidently in
| tending To throw herself from IT, her brother
| grasped both Of her arms. and pulled her from
| the window. She screamed, and tried to tear
| herself from his grasp. Flynn. when he saw
| his wife running toward the window. started to
| run after her but. the officers restrained him.
| They took Flynn from the court building TO the
| brother, holding her arm tightly in his. took
| he