The New York herald., 1879-07-10
CLUB AND SHIELD.
Roundsrnan Mccarthy Held
on q Charge Of Burglary.
IN THE GRASP OF TIE LAW.
Several BIue-C Coated DeTnquents Re.
quested to Explain Their Conduct

The sensation which the discovery of police
mans completely in the Manhattan Bank robbery
created and which subsequent revelations about his
past record intensified repeated in the Jefferson
Market Police Court yesterday. when another officer
was arraigned for burglary. According to the evil
dence he had been caught in the act, with the
money box he rifing in his hands and the shat
tered bolts and bars that had impeded his entrance
Almost within reach. Even the shallow plea that he
had driven the real burglar away. behind which
he sought to shield himself became unten-
able in the face OF the accuser's statement
that prior his final discovery the officer ntruoed
to his own bedchamber with intentions which his
subsequent acts explained. Doubtless tho criminal
Ity of Roundsman Mccarthy had been pretty well
siftcd by people of his order prior to his ap-
pearance in court as three days have passed since
the commission of the burglary without an intima-
on getting beyond the threshold of the station
house. except to get INSIDE that of the Central Office
1t is said that in the rumor prevailed
that officer in some way concerned in felony
bur it only yesterday morning when the accused
was brought to Court at Superintendent Wallng's
instance that the real facts transpired.
DISCOVERY.
1t appears that ON the morning of July Mr..
Paul Gautier, the owner of the "Boulangerie
Parisienne," at No. 562 Eighth avenue. aroused
the store entered it, and there found Roundsman
Francis j. Mccarthy. of the Twentieth precinct. with
the money drawer in his hand and another drawer
he had ransacked lying upon the counter. Gautier
and his assistants attempted to secure him at once
but he protested that he had himself entered to
arrive couple of burglars away, and he showed them
his shield evidence OF good faith,
he was in citizens clothes at the time. The
Frenchman, convinced of his guilt. however.
own precinct appeared when he turned him over to
his custody.
When he came to court yesterday there was quite
. gathering OF his associates the force present.
Captain Washburne had a consultation with Justice
Murray, who, to facilitate thorough hearing. had
the brought up in the examination room.
There the affidavit of Paul Gautier put in evil
dence In it he alleges that about tour o'clock on
the morning of the 9th inst his store was entered
by some person who forced the door. thereby
breaking the nosing OF the lock and tear
ing away the wood. He then went on to state
that he down stairs in the bakehouse
at the time when Ernest Schmidt. one Of his work.
men, stopped suddenly and said he heard ono
up stairs At once he mounted to the store passing
through a trapdoor the front of it. As he rose
from it he caught sight of Roundsman Mccarthy
standing behind the counter with his hands in the
money drawer. The other him the same
moment and called out "Hold on there have been
thieves here! / am officer He was attired in
ordinary citizens clothes and Gauter with cry of,
You are the thief!" sprang behind the counter and
Df, but the latter chung to him till
of his men appeared. when they notified private
officer came along and Mccarthy told him to arrest
Gautier. They pareyed for a while, though, and
truder was policeman took him off with him.
When Gautier had made this statement it be-
ieved that his testimony was concluded but before
leaving he told the Justice that hc had more peculiar
yet most conclusive. evidence to Offer and he
wen. on to say that on the night before
the burglary, at about eleven o'clock he was lying
struck light. which he proceeded to hold his
lace. Gautler arose in his bed and asked the new
romer what he wanted, which he hastily cxtin-
guished the light and said Excuse me. have made
a mistakes l was looking for Charles Berendt" At
the time he slipped out of the door and closed
it behind him. but Gautier holds that by the glare
OF the match he recognized the prisoner. Rounds
man Mccarthy
THE pRIsoNER's STORY
When this evidence was given the latter furnished
his own account OF the affair. He said he
his way to the station house at four o'clock Sun
day morning to report for duty after being away
leave or absence for three and half days. At the
corner OF Eighth avenue and Thirty-seventh street
he met newsman named Edward Wolf, who told
him that there were thieves in Gautier's bakery.
hundred feet east OF Eighth avenue, where
IN alieyway runs south in the rear of the
premises on Eighth avenue. He found the lear
door of Gautier's kitchen open and passed inside
door separated it from the store. and in it, with
his arms on the posts and his back turned toward
him. he saw a man leaning. He seemed to be watch
ing something going ON i'll front of him. but as the
turned around. At the same moment he called out
'Cheese it!' in suppressed tone TO in the
store. and dashed up stairs His pal who had been
within, appeared just then and grappled with Nc
earthly. He was powerful man, the prisoner alleges,
and after scufe he threw him against the casing.
leaped out into the alley and made of. Witness then
went up stairs and woke man on the second hoor,
but one else. On coming down he
rounded by the baker and his workmen. who accused
him of robbery. He said he officer, showed
his shield and made effort to explain, but they
could not understand him. they only spoke
French. He denied having gone to Gautcrs room
and asserted that at time had he been behind the
counter or touched the money drawer.
Edward Wolf testified that he was going for his
papers when he met Mccarthy, whom he told that
there was some one stirring in Gauters place and
he believed burglars had broken in.
This, with the testimony of Officers Reddy and
Phelan that they had found Mccarthy surrounded
by the three bakers, completed the evidence Coun-
sellor McClelland who appeared for the prisoner,
here made appeal in his behalf. but Justice Muir
ray decided that he was warranted in committing
the officer. but would grant further examination
on Wedndsday at eleven O'Clock. He then fixed Nc
Carthy's bail ut $4,000 and committed him to the
Jefferson Market Prison.
Roundsman Mccarthy has been the force five
years. He was appointed patrolman August 4, 1874,
and ii is said was employed at the Central Office
time. The following is his record On the 5th OF
April 1878. he honorably mentioned by the
Board for having. the I'd of January. 1875 saved
the life of Letta Kennedy at fire at No. 317 West
Thirty y-sevonth street. 1875. September 2s-Con-
versation: hned one days pay. 1876. April 1l-Ne-
post; fined ten days pay; August 25-Sittng COM
plant dismissed. 1877 September 2l--Conduct un-
becoming an officer complaint dismissed. 1878,
June Standardization; reprmanded.
COMMITTED FOR BRUTALITY
After lying in St. yincents Hospital for two weeks
at time believed by the ply scians hey ond re-