The sun., 1879-02-26
NONE TOO SHORT A SENTENCE
"DATY THE MID" SENTEN CED TO go
TEARS IN STATE PRISON.
A Crime that the Prosecutor said wns the
Most Outrageous In Our Recent History
Mrs. lie Harry SIN Too III to Appear.

A Crime that the Prosecutor said WINS the
Most Outrageous In Our Recent History
Mrs. lie Harry SIN Too III to Appear.
David Pendcr alias Davy the Kid" who
tore n diamond earring from tho ear OF Mrs.
Augusta De Barry OF 10 West Ffty-second
street on the afternoon OF the iith inst. In Fifth
avenue. was put on trial yesterday In the Gem
eral Sessions. Standing room wus not obtain
nbe in the court room after tho trial began.
John Flynn. Peuders alleged nccomplice. de-
mnnded separate trial. aud he was taken back
TO the prisoners pen. Both men are bcardless.
and of boyish appearance. They were nnshily
dressed yesterday, aud wore much jcwelry.
After Flvnn was locked In the prisoners pen.
his young Eife carried her child there. The
child crowed and pnttcd his fathers face through
the bars. The impanelling Of the jury was
laborious, for Pendcrs lawyer seemed averse
TO would-be jurors whose wives wear jewelry in
the street. After the last man OF the twelve had
run the gauntlet of questioning. Assistant Dis
trict Attorney Bell began his opening for the
prosecution. P"nd"rs. he said. was tho most
outrageous crime that has blackcned our crimi-
nal tc'or II for lnnny years.
Hr read "A rertiilrni" from DIR. stephen Smith.
Mrs De Bnry's physician. to the 1T 'rt that che
Is suffering with nervous cXcitiment. and that
n VISIT tn court iuightrndanger her lif,.
Mrs Annie q. SWIM. WHO was walking with
Mrs. De Buty nj tn" time ~ the robbery, tcsti-
fled tr tie f'p'is ns Hir'nly published. She said
that they had nnii i'rd Prn'l"r following them.
and she fanried lac WIS irving tn ovrrlrar their
conversation. AZ Mrs. Swan .wns q ont to turn
tor" the earring from her ear. The mate to the
missing earring was given to Mrs Swan. she
held the gem NJ daintly between the thumb
aud furchnger of her neatly glnvcd hand. and
it, hrillanry was dazzling. R'suming. she
said that shs had frequently seen lis "nrring
and the one that was stolen in Mrs. De Berv's
ears. En- ot the enrrini;s WAS vnlu"d nj $500.
She saw l'ndcr ia TIE ohi ,crs' sitting room OF
the Mercer street police station the Goth inst.
He stood among eight or ten men. In civilian
dr,ss hut she picked him out at once.
ideniilel by Mr.. swan he said: Captain, /
might rs well mnkr n clean breast OF this
thing" Then ho told all about the robbery.
He said that Fiynn got IL" earring. Flynn said
thnt hs had sold II for $50. and gave him. Pen
Mr.. BeIl thon announced that the prosecution
Pcnder's lawyer said that It would be mn in
SUIT % the Court and the jury. after the evil
dence that had been given. to attempt to show
thHi Pend.r WIS not guilty. He did commit the
the evidence would Justify n verdict of an at-
tempt NJ rohh~ry. grand larceny. or larceny
The jury were in consultation for twenty
minutes. Then they found Ponder guilty OF
robbery in the first degree He sat pnle and
alton Of women OF her race. An officer led her
ont. and then Ponder stood mp s.olidlY 10 hear
his sentence lle gave ono long, bitter look Mt
Mrs. Swan and ttie fnshionnby- y-aitircd men
aud women about her and then he fixed his
ey'Sy yud, upon p, Jmdsc Gld1rsl EYES eve, iqrrM M T.,
hand an Indictment that shows that Pcudcr.
who WIS then only II years ~ nge. was sent
from this court 70 th" penitrutinry for two years
in December. 1873. for rohhine John Lawor Of
100 Catharinc street ui his watch. az political
meeting IN Ctthnrinr street"
The evidence. Ponder Judge Gildersleeve
snid shows that You ARE u dangerous crimi-
! nal, bold, r"cHl"~s. and cruel You nnpear TO
| b" devoid OF human sYmp. thy. | feel that YOU
| ought 10 rce"iVs the highest penalty provided
| hV tho law not only as a punishment to your
| e. H. but Ms "A warning To- other d"spr rate men.
sentence yom 70 State prison at hard labor for
| twenty years
pHndrr's face turned Rshy white and ho fell
back into n chair.