The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1879-09-15
Twenty Wears in State Prison.

Twenty Years in State Prison.
New York Timcs
Henry Barton, alias Wagner, known
as "Dutch Harmon No. g" indicted on
three charges 1.-TWO of felonious assault,
and one of burglary in the first dcgree)
was placed on trial for the latter ofensc
by Assistant District Attorney Lyon, in
Uhe General Sessions Court yesterday
The prisoner who is fellow of most re.
pulslve appearance, had been urged by
his counsel to plead guilty to one oitense
and thereby entitle himself to a mitiga-
tion of sentence; but he perristently re.
fused to acknowledge his guilt, and was
placed on trial. The circumstances OF
Barton's crime are briefly as follows: On
the night of August 29th Frank Muller
who keeps an oyster saloon at No. lot
Essex street, heard footsteps in his apart
mentsoyerhead, and on proceeding thither
saw Barton in his bedroom.
He returned down stairs for reinforce.
ments, and as he was in the act of again
ascending in comp ny with Edward Mi
chaels Barton, who adbecome alarmed,
rushed down, tumbling almost into his
arms. Muller seized the intruder, and a
terrible struggle ensped, in the course of
which both fell over the banisters. Bar
ton, being very powerful man, released
himself, and drawing revolver shot
Michaels in the head, the ball fortunately
glancing upward. The desperate then
fled from the house, firing a second shot
at Frederick Herman, of No. 1856 Essex
street, who endeavored to stop him, but
fortunately without effect At this mo-
ment Officer Diedrich Dokel, of the Tenth
Precinct, came upon the scene and seized
Barton, whom he held until he could
investigate the case. Fortunately he
discovered Barton's hand, still clutching
a revolver, in dangerous proximity to his
abdomen, and struggle for possession of
the weapon ensued.
In the course of the contest, Barton,
under pressure of the officers club, fell in
the gutter, and instead of shooting the
officer as he had intended, he directed the
revolver toward his own face. The bail
passed upward through his nostril, com
ing out under the right eye, inflicting an
ugly but by no meansa dangerous wound.
Barton, who, in the course of his flight,
had fired three shots, was clubbed into
subsection, disarmed, andtaken to the sta
tion-house. On being searched, meer-
chaum cigar-holder, the property of Mr..
Muller, was found on his person, and a
steel Jimmy was discovered in the
rooms The above facts having been tes-
titled to on the trial, the prisoner took the
stand and said he had gone to Muller
apartments in search of an acquaintance.
Finding the door open, he entered and
took the cigar-hoIder. The prisoner ad-
mitted he was guiltyof petit larceny, but
denied that he had committed burg gIary,
because, as he said "there was nobody in
the rooms when | entered"
In answer to Assistant District Attor.
ney Lyon, Barton admitted he had spent
five years in the Kings County Peniten-
tiary. Notwithstanding the prisoner's
definition of burglary, the jury, without
leaving their seats, found him guilty of
burglary in the first degree. When asked
what he had to say previous to sentence,
Barton gave further exhibition of his
legal knowledge, by stating that the
Judge had erred, and that he (the prison
er) had, therefore, had an unfair trial.
Judge Cowing said that Barton was one
of the most dangerous and desperate
criminals he had ever heard of, and he
felt he ought to impose the most severe
sentence in his power. His Honor
then sentenced the prisoner to the high
est penalty under the law-20 years in
Safe Prison at hard labor On hearing
his sentence, Barton, almost choaking
with suppressed rage, raised his hands
and exclaimed dramatically, while he
glared tieicely at Judge Cowng, 81 hope
the same justice will be meted out to you
at the last day that you have meted out
to me-" The prisoner was then removed
to the box, where he continued to vent
his wrath on the Judge, jury, District
Attorney and everybody else who had
contributed to his conviction. He walked
the pen like wild animal his usual y
repulsiye countenance flushed with
anger, and called down the vengeance
Of heaven upon his prosecutors. His
prayers were especially Jealous on behalf
of Judge Cowing, whom he beseeched the
Almighty to strike with lightning. The
desperate continued his threats and
curses until the door of cell in the
Tombs shut him in from the outer world.