Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-04-14
RECEIVED THE GOODS
Roberts Was Also Convicted and Sentenced
Tod4.
The Robbery at tlae Eckington Com.
pnny's Omce-E.rnest Denial.
Made by Dcfendants.

VIM. ]. Roberto, alias Gets the young
man jointly indicted with Monroe d. shenk,
alias Go"dins. for the robbery of the Office
of the Soldiers. Home and lexington Rail-
way Company. last February, testified in
his own defense yesterday. He emphatical-
ly denied being connected with Shenk in
the robbery; also contradicting Grace
Gooding when she claimed that he was
cognizant of the robbery, and that he re-
ceived his share of the spoils. Roberts also
denied receiving any Of the stolen car tick
cts and burning them. He explained that
while he was aware Of shenk's going out
disguised and armed the night of the rob-
berry, he believed that he went out only to
win a wager by imposing his disguise upon
a friend.
Upon the conclusion Of the evidence for
the government eounsel for Roberts un-
Cole to direct an acQuittal both on the
charge OF housebreakfng and larceny, and
also on the charge of receiving the stolen
property. They argued thai Roberts was
not guilty of housebreakinx, because he
was not with Shenk; that he could not be
guilty of larceny because street car tickets
cannot be the subject of larceny, and that
l. Roberts was guilty of robbing the rail-
way Office he could not be guilty of re-
ceiving the stolen. property.
District Attorney Bffney contended that
one who aids in or promotes the comm:s-
sion of housebreaksng Is as guilty as the
actual principal. although he may be alb
sent from the scene. Mr.. Birney also in
sisted that street car tickets are property,
ard. therefore, the subject of larceny, and
he contended that one can both be guilty
OF aiding In the commission Of housebreak-
Ing and also of receiving the stolen prop
erty.
Judge Cole sustained the contentious of
Mr Birney, counsel for the defendant not
ing exceptions to the courts rulings, and
gCed the case before the jury. insisting that
Shenk. in pleading guilty, had cleared up
the whole matter. and had demonstrated
that he alone was : guilty. They also
pointed out the fact that Grace Gooding,
alias Stickler, the woman in the case. yes
terday pleaded guilty to receiving the
stolen property. sentence being suspended
during her good behavior. .Shenk and the
woman. the DEFENDANTS counsel claimed,
were the only guilty parties, and they
hoped by duplicating Roberts. to obtain
greater lenieney for themselves.
District Attorney. Bafney as briefly ad-
dressed the jury, re1narking that the whole
case resolved Itself into thfs-the word of
Roberts against t7aA hncontradicted testi-
mony Of every. one Of the main witnesses
for the governments
The s<drences.
The jury retired Ats 11:40, after a short
charge by the court, and at 105 returned
with verdict of guilty Of receiving stolen
property, but not guilty of housebreaking
and larceny. The jury also recommended
Roberts to the mercy ofsthe court.
Counsel for the man announced that they
would not appeal the; casa. and at District
Attorney Birney's shnx<stapn Judge Cole at
once sentenced BOTH Roberts and Shenk.
Roberts he sentencedst to q year and day
in the Albany penitenjaEy at hard labor,
to take effect from .today.
In sentencing SheHI1 Judge Cole told him
that IT was a case calling for the extreme
penalty, ten years In the Albany peniten-
tiary at hard labe8,n but, in view of the
fact that he had newer heen convicted of
crime before, he would make the sentence
eight years. to take e4fect upon his arrival
there. "a.