The New York herald., 1879-02-26
TWENTY YEARS IN STATE PRISON
A DZsPERADo's DoOM-DAvID PENDER, THE
FIFTH AVENUE HIGHWAY ROBBER, TRIED,
CONVICTED AND SENTENCED

A DEsPERADo's DooM-DAvID PENDER, THI
FIFTH AVENUE HIGHWAY RoBBER, TRIED
CONVICTED AND SENTENCED.
Part Of the Court of General Sessions was densely
packed yesterday. the attraction being tho trial
highway robbery Of the notorious thief. David Pen
der. alias "Davy the Kid" who jointly indicted
with John Flynn for robbing Mrs. Augusta r. Dc
Barry, of No. Is West Fifty-second street. of a dia-
mond earring valued at $500 Fifth avenue on the
afternoon of the 14th inst. It was generally under
stood that the prisoners desirous of interposng
plea of guilty provided that comparatively light
sentence would be imposed Assistant District At
torney Bell, who appeared for the prosecu-
ton. intimated that promise would be
made Upon this announcement the pris-
oners' counsel. Messrs Howe 4 Hummel. de-
cided to proceed at with the trial and asked
separate trial for Pender. The empanelling of the
jury occupied nearly two hours each juror prior to
taking his seat being subjected to minute examina-
ton by Mr. Howe as to whether he had formed any
opinions as to the prisoners guilt innocence.
Some of those interrogated who admitted that their
wives were accustomed to wear jewery the street
were excused. Several ladies' were present, though
Mrs. De Barry, not having yet recovered from the
shock, was unable to be In attendance.
Assistant District Attorney Bell briefly opened the
prosecution. reciting the details which would be
proved in evidence
Miss Annie @. swan. who was walking with Mrs.
De Bary when the garroting took place. the first
witness. Her evidence was q repetition of the par
tcuars OF the outrage as published in the HERALD Of
the 18th inst.
The next witness called was Captain Byrnes of the
Fifteenth precinct, who testified to having arrested
Pendcr the evening of the 18th In the station
house Pender said. "wel Captain. might well
make clean breast of this thing and then he recited
the narrative of the robbery. Flynn got the earring
Pender said he had sold ii for $50 and had given him
SIS.
This closed the case for the prosecution, Mr.. Bell
having read medical certificate to the effect that
Mrs. DE Bary was unable to attend.
Mr.. Howe then and announced that 1t would
be an insult TO the Court and lry after the sweep
ing evidence that had been given and which could
not be controverted to attempt to prove that the
prisoner was not guilty There was doubt Mr..
howe went on to say that although Ponder took the
earrings, the evidence would justify verdict of an
attempt at robbery, larceny or assault and battery.
Counsel claimed that despite the surroundings of the
case the prisoner entitled to justice and fair
play at the hands of the jury He argued that IL the
jury believed that violence used a verdict In
one of the lesser degrees should be returned.
Assistant District Attorney Bell replied claiming
that more atrocious case OF highway robbery
never proved In y court of Justice
Judge Gildersleeve then charged tho jury and
pointed out the several elements that constituted
the crime chargedthe fclonious taking of anything
from the person of another against that persons will
by violence or by creating the fear of violence II the
jury had any reasonable doubt on that score they
might and verdict In lesser degree.
The jury. after absence of about twenty min
utes, found the prisoner guilty of robbery in the
first degree--an announcement that the prisoner re-
ceived with stolid indifference. but which caused his
aged mother to utter = loud shrck.
Mr.. Bell, in moving for sentence, said that the
prisoner had already served term Of Imprisonment
for the larceny of u watch.
Judge Gilderseeve then passed sentence fol-
lows:-"Pendcr. you have been convicted of robbery
ia the FIRST degree. The evidence disclosed your
guilt most fully and clearly. 1t shows you to be a
criminal of the most dangerous class having re-
gard for law; wholly Indifferent as to the conse-
quences of your acts void OF all humane sympathy
bold desperate and cruel. more aggravated case
Of robbery cannot well be conceived. Your penalty
must be such AZ you deserve and such will stand
as warning to others who might be tempted to the
deeds OF violence OF which you stand convicted.
The sentence of the Court Is that you be imprisoned
In the State Prison at hard labor for the term OF
twenty years"
The prisoner, who is only eighteen years Of age.
was then sec urely handcnffed and removed.