New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-02-20
ROBBERY IN IT'S WORST FORM
McINERNEY AND MCDONALD CONVICTED.
THE JURY OUT ONLY AN BoUR-A SEVERE PUNISH
MENT PROVIDED.

THE JuRY OUT ONLY AN HoUR-A SEVERE PUNISH
MENT PROVIDED.
The case of Park Policeman Matthew Mclnerney
and az Park Policeman John j. Mcdonald IN the
COnrt of General Sessions was gwen to the Jury ~
Ron n. m. yesterday. In an hour they returned 10
the court room aud took their seats me si s,
was impressive when Recorder Smyth came IRON d
his pryate room and went upon the pehch' inc
clear voice of the clerk rang out: II. r
"iIave you agreed upon your Vero'c' seh'i0-
We find the prisoners guilty of robbery in the
first degree" said the foreman IN tome tha' was
scarcely ap "yJ pntV fe from his lips ripple of
applause but it. Was stopped at
ioorcd ouicky at each other, the tears came INTO
McIncrney's eyes; bis face became crimson; ana
then deathly paeness followed. MfDona,o Was
did not show any sign of feeling. Upon motion OF
the prisoners counsel they were Iemanded until
thanked the Jury heartily for their verdict and
said that the evidence fully warranted 1t. he
punishment is not less than ten nor more IMAM
twenty years at hard labor. A.. .o.,.. uoo,,
When the proceedings opened the court room
was more crowded than it has been ct any
time since the trial sad pR tR M'D Gsence
testify i'll his own behalf. On the evening OF the
assault he had stroled through the PARK. ne net
walked down the drive together, when opposite
Eighty-seventh-st. they heard cry. Both ran
across the grass. He remained standing ON the
val, bnt McInerney jumped to the FIfth-ave. side
walk and ran to where SchwaTzer was stanuins
near a tree Then Policeman Ferguson came up
and their arrest followed. He denied enpnatlcalIy
that he had either robbed or assaulted och"ai%
Ter Nor had he any body do II.
Colonel Fellows-Did Officer Ferguson ask McIncrncy
his nu,nberi A.-NO, did not hear MIN ,,. ana hto
Odd he strike lnatch tu"' he nIsn' '00 mo
shield A.-No. didn't see him.
McInerney was then called to the stand. There
was a hunted look IN his eyes, whCn were uiIh
and moist But he got along all night as long as
his LAWYER was conducting the examination he
said that he had never seen SchwsrZler Delore the
ni"ht of The assault He believed that Schwarzer
was drink when he saw him. In answer to ques-
fIon by a iuryman he SAID that he had seen TWO
men running away after he had come up TO where
Scbvarzler was. He had told nobody at the pOIice
station about seeing the men and he would give
Colonel Fellows no better reason for not having
spokeu of II until two three days aterward tuan
that he didn't think of IT," lie denied that ne
had given a false number to Officer Ferguson,
hut he acknowledged that Ferguson had struck
n match to see his number. Colonel Fellows
read from McInerneys testimony before the fo,lce
Justice in which lie denied that Ferguson llad
struck match. The witness turned pale ana was
MAINLY disconnected. Colonel Fellows IN summing
nianotion had been given by the defence as TO
where the blood came from which was 1ound on
one of the prisoners clothing when they were az
rested. >, c.,
A few minutes before O'Clock Recorder Smyth
began his charge. He SAID that 1t was conceded Oy
both sides that at the time AID place mentioned
IN the Indictment atroclous CRIME was
perpetra.ed against the complainant III was
conceded that the complainant was on the spot and
at the time indicated with money IN his pockets,
and that the two defendants were i'll the neighnor-
hood shortly before the crime was committed Inc
evidence showed that no one else was near. ne
then went over the evidence, laying stress on the
uont of there being blood the clothing OF one OF
Tho nrisoners after the assault had been made by
some one and the fact that this had not Deeh re-
ferred TO or explained by the defence