New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-04-22
THE WRONG MAN CONVICTED
TO SAVE HIS BROTHER THE REAL BURGLAR
CONFESSES.
REMARKABLE CASE IN THE COURT OF GEN,
ERAL SESsIONS-THE STORY OF THE
CRIME AND THE MISTAKE.

CRIME AND THE MISTAKE.
Henry and Daniel Finnegan, brothers. are in
the City Prison, and one OF them is guilty Of
burglary in the second degree. Henry has been
convicted of that crime but Daniel now vOlun-
tarily says that he, and not his brother, is the
guilty one, and he asks to be allowed to suffer
the punishment in his brothers stead.
Henry Finncgan, the elder of the brother, was
tried Friday before Judge MARITIME Assistant
District-Attorney jerome conducted the prosecu-
ton. Finnegan, James Eagan and John Flana-
gan were accused of the crime. Eagan and Flana-
gan pleaded guilty to an attempt at burglary. On
Fnnegan's trial William Graef, who lives in SUIT
ton Place, testified that on the afternoon Of March
"a he was looking from his window and noticed
three young men walking along the street. They
whispered together tried one of the street doors
and stopped in front Of No. 80. Two Of them
went inside and the other watched outside. The
two who had gone in the building reappeared
and whispered to their companion. Graef be-
came suspicious, went out on the street and found
not far away Policeman George A. Schenck, who
off duty and in citizens clothing. Schenck
and Graef went Immediately to No. 80 Sutton
Place and went upstairs to rooms the second
floor. occupied by the family of Patrick Reilly.
As they approached the door Of the apartments
two young men brushed past them and down.
stairs. Policeman Schenck arrested one Of them.
James Eagan, and the others escaped Graef was
positive that the other Henry Finnegan
lie said that he plainly the who entered
the house and he could not be mistaken as to the
identity Of the prisoner, and he did not admit
the least doubt when G. r. Westerfield, Finne-
gsn's counsel. Gross-examined him. Ha said
that the man whom he saw wore gray suit OF
clothing
Mrs Margaret Reilly, deaf, elderly woman.
testified that she was in the rooms the second
floor of No. 80 Sutton Place. and said that she
heard noise until the policeman arrived. She
then went into the hall and saw two men, one
of whom arrested. She said that she could
not identify Finnegan as one of them. When she
returned to her rooms she found that rear door
had been broken open and clothing piled
bed ready TO be taken away. John A. Reilly
son of Mrs. Reilly, testified that he locked the
door which had been broken open on the morn
ing of March "a
Policeman Schenck testified that he arrested
Eagan in the hallway and Flanagan. who had
watched outside, was captured soon afterward. liz
at first testified that Henry Finnegan was the
second man who in the hallway. On close
questioning lie said, however, / won't be posi-
tive about it. It's his clothes that mix me up.
This looks like the man, but not exactly the same.
That had gray clothes and l cannot tell
whether the fact that the clothes different
is the reason he does not look precisely the same
as the man saw. His liberty is at stake, and
don't like to say this is the man, and won't
swcs.l that he IS.
Detective Campbell testified that finnegan was
arrested two days after the burglary. Graef
gave a description of the man he had seen, and
finnegan cOrTespOnded 10 the description. Graef
spoke of the young mans long face, and the de-
fendant had Doticeably long features.
The identification was not regarded as strong.
but Finnegans defence was weak aAoi. lie
said that he and Edward Reilly wandered about
tie streets III the lower part ot the city all DAY
and called two young women IN Bleecker-st
in the evening. He said that he had only one
suit Of clothes the blue cloth suit which ne wore
at the trial. Edward Reilly corroborated Fin
negans statements, but both of the young men
passed satisfactorily through the ordeal OF Mr.:
Jerome's cross-eXamination. They contradlcted
each other and had forgotten important cHcuni'
stances, and they made bad impression on the
jurors. -,
Mrs. Fnncgan, the defendants mother, said
that Henry always wore he blue suit OF ciothes
in which he appeared at the trial.
The jury, after long dcliberation, convicted
Finnegan of burglary in the second degree, when
is punishable by Imprisonment Tor from h'e 10
ten wears judge MARITIME sentenced Eagan, VINO
had pleaded guilty TO an attempt at burglary 10
two wears and six months in the State Prison.
and Flanagan TO the penltentary ior one year aiiu
nine months. lie was about 10 send fInnesaa 10
said that he wished for delay: v
Finnegan as he stood at the bar. said: Your
Honor was convicted for somebody else lhere
is no of my going away Tor this crime;
[ know who did il, and he will say so himself
Mr. Wcsterteld said that he had lust beev
informed that a brother of the defendant was
the person guilty of completely in the burglary,
aud that the real criminal wonld surrender him.
self and acknowledge his guilt
Mrs Finnegan. the mother of the young men,
said that her other son was the real criminal and
would not suffer his brother 10 he punished Tor
him Judge MARITIME remandcd Finncgan TO tho
Tombs.
Daniel Finncgan the brother Of the convicted
man was al the District Attorneys Office early
Yesterday morning He is about seventeen years
old n year or two younger than his brother. lle
has bright red hair. but when that is concealed
hv hat he does not look unlike his brother.
He also has long features.
Mr. Wcsterfield called Judge Marines attention
TO the case at the opening of court lie said:
The brother of the man who convicted on
Friday desires to surrender himself He acknowl-
edges that ne one OF the three young men who
visited the house in Sutton Place, and he says
that his brother had nothing to do with the
affair This man is now willing 10 submit him.
self 10 the action of the law
Daniel Fnnegan stepped TO the bar. and Judge
MARITIME said =" Is this the man.
He replied: "les. your Honor
Judge MARITIME committed him 10 The lomns
and asked Assistant District Attorney Jerome
10 make further investigation Mr.. Jerome
went before the Grand Jury in the afternoon. ana
an Indictment found against Daniel FLnnegan.
He will he arragncd to-day. and II he pleads
guilty a new trial will probably he granted 70
Henry and he will be discharged. while Daniel
will be sentenced to n prison or a reformatory.