The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-02-21
TIE E4RRING rHIEyEs IN CouRE.
Fender Repeats His Confession. and Flynn
Pleads Not Guilty.

Miss Annie q. Swan OF 43 Warren street,
who was with Mrs. Adoph De Bary at the time
she lost her diamond earring on Fifth avenue.
appeared in the Jefferson Market Police Court
yesterday as complainant against David Pender
and John Flynn. the two men arrested for COM
hitting the robbery. Miss Swan said that PEN
der had admitted his guilt to her. and that
Flynn had also voluntarily admitted that he
acted in concert with Pender. and advised the
robbery.
Mr.. Thomas Freeborn OF IS East Forty rst
street identified both men. On the examina q.
tion. Pender said:
Previous to Friday. the day OF the robbery.
John Flynn met me in the National Garden on
the Bowery and proposed that we 30 up Fifth
avenue to look after ladies' with diamonds. He
said that could snatch them and there would
be no arrest IS he would help me to escape. He
pointed out Mrs. DeiBary and stood behind ms
while took hsearrings. met lin the same
evening in the National Garden and gave him
the diamond He said he would take II 10 a
man named Allon and Get the money for Il. We
met again the same night and Flynn said he
had sold the stone for $50, and gave me SIS"
The police have learned that the stone was not
sold to Allen. but to another man In East Broad
Flynn. contrary TO expectation and his previ-
Gus admissions OF guilt. pleaded not guilty.
The examination room was crowded with de-
tecttyes, public officials. and spectators. Close
beside the prisoner stood Charles Backus. tho
minstrel. an interested spectator. Counsellor
Frear requested that the bail be made low. JUS
III don't ix Il high II will be because have
not got my wits about me-" Then pointing 10
Mr.. Backus the Justice said: Il see here a
capitalist from San Francisco. / presume he
will give any amount OF bail"
Mr.. Backus smiled and rubbed his hands
cheerfully.
:" Ten thousand in each case" said Justice
Wandcll. sha ply.
Good morningl" calculated Mr.. Backus as
he seized his hat and hurried away.
The prisoners were remanded.
The confession Of Pender To Capt. Brvnes OF
Fifth avenue. also included the acknowlcdg-
ment OF an attempt that was made 10y him last
January to rob a lady OF her Jewery while she
Stewart house at Thirty fourth street and Fifth
avenue, At tho time tho attempt was
reported 10 the police they regarded tho
story as either wholly untrue or greatly
walking on Fifth avenue with two pals" when
thny saw a carriage standing nj the curb with
two richly dressed ladies' inside. Passing 10y
Pender noticed the jewels that the ladies wor"
"hancrs OF ,sna:chinR the lewelry. On,
OF the ladies' was young. the other
advanced in Yeas. Pender stepped 10 the
door OF the cab an grabbed watcl
and struck him blow that nearly knocked h in
over. The screams OF the ladies frightened th,
horses. and the coachman said tnat he had al
that he could do g keep them from runninl
there was merely family quarrel gonl
on. A crowd collected. and Pender
throwing handkerchief over his face to avoiC
once drove away. One reason why the polio,
never looked into this case was because NJ
complaints were ever made, and L was believed
that the ladies so dreaded publicity that thel
took no steps to secure the arrest OF theil