The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-12-20
BURGLARY IN THE SECOND DEGREE.

CONVICTION OF WILLIAM KELLY AS ONE OF THE
ROBBERS OF THE MANHATTAN BxNK-sEN-
TxNcED TO TEN YEARS AT HARD LABOR IN
THE STATE PRISON.
The trial of William Kelly. charged with partici-
stitution. was concluded in the Court of Oyer and
Terminer yesterday, before Judge Daniels and .
jury. In continuation Of the defence Mr. Beach in
troduced number Of witnesses to prove alibi on
the part Of the accused. Richard Hamlin testified
that he was in company with Kelly at two o'clock on
tho morning OF the robbery, in relation
to the nomination for Assembly in their dis
trict. Peter McClusky swore that about the same
hour he drove Kelly from Floods saloon to Ninth
avenue. Thomas Conner saw Kolly in . west side
saloon the Saturday night in question. and he
complaining Of being sick with cramps In his
stomach. Two other witnesses testified to the fact
of seeing Kelly on the same night and of his COM
planning of being sick. James Murtha confirmed
the previous testimony of Hamlin and McCluskcy
and added that he saw Kelly at the Convention
on that Saturday night and subsequently,
ter of Kelly testified that she remembered the Con-
vention on tho Saturday night of the robbery at
lived with her. and on the Sunday morning follow
ing she let him In; he said he sick and had
cramps; the hour was about three o'clock. and he
did not 70 out again until ten O'Clock the next morn
ing Christopher Barth. the husband of the proceed.
ing witness, said he remembered the Assembly Con-
vention, and returned home that night about mid
night. Kelly having gone to his store; the next
morning. at about seven o'clock. Kelly bod In
his house.
VALUABLE PACKAGE.
James Corcoran attended the Conventions; he was
at the same time day barkecper in Floods store;
Kelly was the barkeeper from In the evening
to the same hour in the morning; he returned to
the store after the about eleven O'Clock;
on the following morning he found another man in
kelly's place; day two after the Convention no
saw package in tho money drawer: which Flood
called; the Package consisted OF a long yellow
envelope and its contents bound with red tape;
leaving and Kelly taxing his place, when Flood
told him to stay couple of hours longer. as ho
wanted TO send Kelly across town Tor some money:
this. to the best OF his knowledge. was couple OF
months after he missed the package from the drawer;
Flood is since dead. On cross-examination by Mr..
Russell he said Flood told him to be careful Of the
package giving him to understand that there
valuables in It; he did not know Ryan, to whom he
ordered give the package. nor he described
to him. but he was to give it TO any man who called
and gave the namo OF Ryan; all he knew OF what
subsequently became OF the package was what Kelly
told him; after Kelly sent across town by Flood
he told him that he brought back 5000 to Flood. Tho
witness further testified that he was not acquainted
with any OF the other parties charged with the burg
One or two other witnesses being called for the
defence aud not responding Mr.. Beach announced
that the testimony on the part OF the accused was
all in aud he then moved for the third time that the
oe 70 eiec. on 10 pv
that charging breaking into the dwelling OF tho
janitor or that charging breaking into the bank.
Judge Daniels ruled that both counts referred to
one continuous transaction, and denied the motion
OF Mr. Beach, to which the latter took AN exception.
CONVICTED AND sENTEScED.
The case was then summed up by MIR. Beach on
tho part of the prisoner. followed by Assistant Dis
trict Attorney Russell the part OF the people.
At quarter to seven o'clock in the evening Judge
Daniels gave the to the jury in an exhaustive
charge and after an absence Of about two hours tho
Jury returned into court with verdict of burglary
in the second degree. Judge Daniels In passing
sentence the prisoner remarked that the statute
whereby the punishment was hxcd had been passed
fifteen years ago, whom depredations on property
were comparatively few and to small amount. Ho
saw NOTHING In the case which could influence him to
reduce the limit Of tho punishment as fixed by the
satute and Kelly TO ton years hard labor
in tho State Prison. number Of his personal
friends then shook hands with the prisoner and he
quietly removed.