New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-07-28
THE RECORDER DISCREPANCIES.
HE susPENDs SENTENCE ON ONE MAN AND Sc
VERIFY Furnishes ANOTHER CONVICTED OF

VERIFY Furnishes ANOTHER CoNNIOiED VI
THE SAME CRIME.
Two young men. having close resemblance w
each other. who were convicted Of the same crime
one by confession and the other by verdict ai'cr
trial we're arragned before Recorder Smyth yesterday
for sentence The crime charged was robbery In the
first degree I'm knocking down william f. WaiRlcy,
lawyer. In East Twcnty-sccond-st, on inc hish' Vi
May %, and robbng him of a watch IhomaS Cooics
and william Walvogle were first arrested Tor the crnie
The information against them was given by Ihomas
Reilly an cx-convict, who told a ward detective that
he had heard the men speak of having commttcd tho
crime. Dir. valley identified Cooley and "alvogie as
his assailants and they committed for trial.
A few DAYS LATER Thomas Roberts went TO inspector
Dyrnes and told him that he had statement 10 iaHo'
lie said that Cooley and walvogie were not the men
who committed the crime, but that Thomas Reiily'
who gave the Information against Cooley and WaVogic'
was himself the onn who knocked down Mr. valley
and who kept the watch. Roberts said that he was
CejIIys companion in tbs robbery Further invcstiga-
tion showed that Reilly and Roberts tried to sell the
watch on the day after the robbery. They were IN
dictcd and the other men were e:tcfwad dischafgrd'
The complainant identified Reilly and Roberts as he
had the ole. men, who rcscn bled the real thieves
Recorder smyth distinguished sharply between the
two prisoners. To Roberts he said In MID voice
have made a thorough investigation Of your case.
| am satisfied that the two innocent men who were
arrested and indicted for this crime would have been
convicted II they had been brought 10 trial on tho
| original complaint. Their character would not av:
impressed jury favorably and II convicted they would
have been severely sentenced Your statement 10
Ins pcctor Byrncs saved them. Whatever your PFC
character may have becn your conduct has con-
WINGED me that there is something good In you yet
| You did brave and manly act have come to the
conclusion that IL Is best under the circumstances TO
give you another chance TO become better man, and
| Will suspend sentence you, but with the under
standing that 1t IS mere suspension, and that You
may be sentenced at any time under this conviction II
you do not lead an honest life.'
Roberts had expected TO receive some term OF i'm
prisonment, and he appeared almost startled when
told that be free The tears stood I'm his eyes as
he tlrned away. The Recorders manner changed
when he spoke TO Reilly. There was no tenderness In
his voice and his expression was stern. He said
You, sir, unmItigated scoundrcl. as the
evidence in this shows You not only committed
this offence, but you caused by false accusation, the
! arrest and imprisonment of two innocent men. You
previous character has been bad. You have served
terms of Imprisonment for various crimes and arc II
my opinion a c)wardy thief and scOrndrcl entitled
TO little consideration by the court. IL was you VIII
knocked the man down and II was you VINO held
possession of the watch The sentence Of the court Il
that you be imprisoned I'm the State Prison for 1fteer
| wears and seven MONTHS