The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-02-21
THE DE barry GARROTING.

FLYNN AND PENDEa HELD IN TEN THOUSAND
DOLLARS BAIL EAcH-rHE LATTER coNFEssEs
TO HAVING COMMITTED THE CRIME.
An examination IN the DE Barry highway robbery
case was held yesterday in the private examination
room in the jefferson Market Court. Captain
Byrnes and Detective Slevin present with the
prisoners, John Flynn and David Fender. alias THE
Ma. Mrs. De Barry was not in attendance ana a cer-
tihcate from Dr. Stephen Smith received stating
that she was unable come to court she very
i'll at her residence in West Fifty street. Her
husband. however present The room was
well nlled by court clerks and policemen
as Wen as by others DESTROYS Of obtain.
ing glimpse at the alleged highwaymen.
flynn sat at end OF the room
neatly attired and apparently determined to look as
unconcerned possible. He has clear eye and
pleasant manner. and would not DO taken for dan.
gerous character by three out of five persons Pen
der. VINO was nero boy in looks, was more nervous
than his companion He sat with downcast ewes
and flushed face. Very few people wonld suppose
him to be the hero of the many scrapes with which
he is credited The accused did not look ut one an
other. although Flynn once in a while furtively
turned his eyes in the direction of his accomplish
The third man. whom Captain Byrnes is said to be in
search Of had been captured up the closing OF
the afternoon session of the Court.
coMPLAINANTs wIrNEssEs
Byrnes and Slevin entered with their prisoners and
following them came Miss Annie q. Swan, the lady
who accompanied Mrs. De Barry the day of the
robbery. Mr.. DE Barry, Mr.. Thomas Freeborn. wit
ness and DR.. Stephens. Tho formal complaint of
Miss Swan was then taken. in which she positively
identified Fender the who had robbed Mrs.
De Barry, and stated that she a witness to the
seized Mrs. De Barry from behind while she walk
ing on Fifth Avenue. shook her roughly and then
tore the earring from her ear. Mrs. De Barry fell
fainting in her companions arms.
Thomas Freeborn, of No 1S East Forty-nrst street.
after assaultng Mrs. De Barry. He pursued him
to Fortyhfth street and then lost sight OF him.
Flynn and the man not yet arrested met witness and
mother and was running away. 1854 -
Stand mp. pender," said the Justice. do you
mo, ! do not positively recognize him. except by
his build"
STAND up, Flynn. Do you recognize the pris-
II do. Not 50 much by his face as by his general
manner and appearance"
Captain Byrnes then made affidavit that Flynn on
Wednesday night voluntarily admitted to him that
he the person who gave Fender the signal to at
q man in East Broadway. for $50. The name OF this
man. the Captain stated. Flynn refused to disclose
FENDER COMPOSERS.
Pender's statement was as follows:-"I am eighteen
years of.age, born in Brooklyn veat No. 23 Forsyth
street. and am salesman by occupation. Previous
to Friday, the day of the robbery, John Flynn,
here. met me in the National Garden. in the Bowery.
and went to Harlem. On the way he said we
would go Fifth avenue in the afternoon and meet
lady wearing diamond earrings; that could snatch
them and there would be arrest. lie would help
me. He pointed out Mrs. De Barry and stood behind
me while took the earrings met him the same
evening in the National Garden and gave him the
earring. which he said he would take to man
named Allen and get the money for It, He told me
that man pursued me and he threw him off by tell
ing him had struck my mother. Flynn again met
the same night, and told me he got $50 for the
earring and gave me $lS.''
Flynn said that he was twenty-thrce years Of age,
born in Brooklyn, lived in Third avenue this city,
brcklayer by occupation and was not guilty.
''Ten thousand dollars bail each" said the Court
That was the end The pair taken from the
custody OF Captain Byrnes and transferred tempo.
rarily to the Court prison.
FLYNN AND PETERS,
Flynn is the restaurant keeper of No. 1,131 Third
avenue, where Philip Marks. tailor, claimed that he
forcbly detained after being severely beaten at
McGlorys place in the Bowery, Flynn was arrested.
with Leroy Peters, deaf mute, and Others and JUS
tice Bxby held him in the Fftyseventh Street Court
Prison as long as there was q shadow of a charge
against him.
Leroy Peters, the deaf mute mentioned above, was
held in default Of $1,000 bail Wednesday on
charge of burglary. John Flynn. In his affidavit.
when charged by Marks with detention. sworc that
he FLYNN mad owned No. 103 Bowery; had been .
partner with Billy McGlory. and had sold out his in
forest In the place to that individual.