The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-12-02
FATE OF THE BARRY BOYS.
WILLIAM GETS TWO AND ONE
HALF YEARS.
Albert is Held to Answer for Com
plicity in the Car-Looting
Crime.

William Barry, who was arrested by
Officers Douglas and Max P. Fisher on
Saturday last for footing a passenger
coach of it's inside brass trimmings, ap-
peared in Judge Harris department Of
the Superior Court yesterday and en-
tered plea of guilty to burglary in the
second degree, and was sentenced at
once. The prisoner is 1919 years of
age. In passing judgment Judge Hart
said: 81 will take into consideration the
fact that you have saved the county
the expense of a trial, and also your
age, and I will further be guided By
what the District Attorney has said in
your behaf-that you have aided the
officers in other matters, that the coach
entered by you was not occupied at
that time. and that you have never
been in the State Prison beforehand
shall therefore not impose the full pen
atty, which would be five years.
ct is not the policy of this court,
however, to look lightly on such Of
lenses, and I shall therefore impose a
penalty which, in the opinion of this
court, shall be commensurate with the
gravity of your Offense, and which may
tend to have a deterrent effect on other
young men who may halt between the
temptation to steal-encouraged no
doubt, by the easy manner in which
they can dispose of their plumber so
obtained-and the impulses of their bet
ter natures. 1t is the judgment of this
court that you be imprisoned in the
State Prison at Folsom for a period of
two years and half"
Barry, who had evidently expected a
much heavier sentence, thanked the
court for the leniency shown him, and
he promised to lead a better life at the
expiration of his term.
While William Barry was thus listen
ing to the words of Judge Hart of the
Superior Court, his younger brother
Roberts, who was also implicated in the
crime, was being examined before Jus
tice W. A. Anderson in the Police
Court for the same offense. The tes-
timony adduced was the same as
against his brother.
Victor Lemay, a Southern Pacific
foreman, testified that it would cost the
railroad company S13S to replace the
damage done to the coach, as far as
these brass trimmings alone were con-
cerned. and which were bought by
junk dealer named John Halves, at
Eleventh and c streets, for $780,
It seems that the elder Of the Barrys
had first called on Halves and inquired
If he would buy the brass, saying that
he Barry could furnish about 1000
pounds of it. Being told by Halves
so Barry asserted to the officers-that
he would buy the brass, Barry then
induced his younger brother to help him
loot the coach. There We're also other
coaches on the track which it was their
intention to strip of their brasswork,
but the vigilance Of Officers Douglas
and Max P. Fisher prevented further
vandalism.
Since this recently committed theft
a perusal of the list of the complaints,
or reports, on file both in the police
and Sheriff's offices has brought out one
noticeable fact. It has been clearly
demonstrated that since w. G. Van
Norman's confinement in Jail since
August last, and since which time his
alleged fence has been closed, COM
plants Of machinery being despoiled of
its brass and copper trimmings, and
OF new or vacant houses being robbed
of lead pipe and other metals. have been
a rare thing. Such thefts net the
who are mostly young boys,
only trif1ing sums, but to the owners
OF the property so despoiled it means
considerable damage and annoyance.
This fact bears out the theory of the
Record Union" heretofore advanced.
that boys would not be so apt to steal
articles to sell if they were not encour-
aged to do so by the ready manner
with which some junk and second hand
dealers will buy such goods, especially
in cases where the profits accruing are
large.
When Officer Max P. Fisher was
asked If proceedings would be brought
against Halves for buying the metal
from the Barry boys, he stated that in
his opinion it would be of little use to
do so.
Eve found the brass in sacks in
HAYES cellar. said the officer, land
when I told him we had the boys in
jail Halves promptly admitted that he
bought the brass. Now. the bows adj
NIT that they stole the brass, and this
makes them self-confessed thieves
Halves attorney would doubtless argue
to the jury that they must not believe
the testimony of these boys. on the
theory heretofore advanced in court.
that no credence or reliance ought to
be placed on the testimony of a self
confessed thief, whether boy or man.
ION the other hand, if we didn't nut
the boys on the stand, then the defend
ants counsel would tell the jury that
the prosecution failed to prove their
case, because they had not shown bv
the thief that HAYES knew the goods
were stolen when he bought the same.
He would argue on the point that the
thief alone, and no one else. knew or
could prove that Halves had knowl-
edge that the goods had been stolen.
md in this last part he would be quite
correct. There is the whole solution Of
such cases.
The younger Barry was also held to
answer, and will no doubt, be sent to
the Industrial School at lone in a few
days.