The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-06-25
AN INNOCENT MANS CLAIM.
ROBERTS ASKS STATE FOR 118S,976
FOR FALSE IMPRISONMENT.

After Being Convicted rs . Masked Robber
and Sent to Prison He Was Cleared OF
the Crime-Peculiar Case of Mistaken
Identity-yRlues Reputation Mt $40, 900.
There Is an interesting case now before the
Court OF Appeals at Albany in which one John
Roberts. who was convicted unjustly OF being
masked robber more than twenty years ago
and sent to state prison. seeks rehearing
through his counsel Joseph =. McDonough on
a claim for damages against the state for
$13S910.54. According to the brief submitted
by Mr.. McDonough. there was, In the win
ter OF 1S7D-7 a gang OF men who ter
rorized the Astoria district OF Long Isl
and City by entering houses at night
masked. and robbing the inmates. Among the
persons thus robbed was william II. Green
and from information furnished by him and
his wife the police were enabled TO discover
who the robbers were and to arrest most OF
them. At the same time they gave informa-
ton which seemed to connect Roberts with the
criminals. although. as was afterward shown.
he was Innocent
Roberts at that time kept liquor store at 90
James street In this borough and restaurant
at 6O Blocker street. He lived in Fourteenth
street. South Brooklyn. with his father in law.
q Mr.. Stark. Living In the Same house was
John James, tramp. whom Mr.. Stark had
taken In out OF charity. James was one OF the
real RunR WHICH COInmlIJeu tne TODueElSs
Through this and the fact that Mrs. Green
gave description OF one OF the robbers
which fitted Roberts. and afterward on the
trial swore that she recognized him as
one Of tho band by his hands and voice, Rob-
erts was arrested. He was turned over to the
Sheriff OF Queens county and locked UP in tho
Hempstead Jail. and there. in company with
Jerry McCarty. one OF the real criminals, was
chained to the floor OF his cell to await the ac-
ton OF the courts. The police made nearly
dozen arrests In connectio9 with the case. but
men named kiIey and Madden. An OF these
and Mi' McGaTty pleaded Gnty before Kobers
was brought to trial.
George 4 Mott. that Roberts had no part in
the work Of the gang the lay At, st that time
competent to appear as witnesses. in court
When Roberts was brought to trial he was
State prison. After serving J5s day. his limo.
cence was established, and he was, pardoned
s By G9 him R0tnS a5 GR rDc M alleges
that by reason of his arrest and imprisonment
he lost his business. that he expended nearly
Tered loss OF health and reputation. His bill
OF damages was made out as follows:
Loss Of income at ~ James street. dbs
Loss Of income at So Blocker street
"5s DAYS at slo.43a day............. 1870 ~
Loss on property 1000 90
Counsel fees. &c. LOO 90
Damage to reputation. .................. $4,000 90
Total s1Ss,p76 "a
The curious thing which was aftcrward de-
veloped by the work OF Rohrrtss lawyers is
that Roberta was mistaken for the man Pur-
coll. Although It was testified to at his trial
that only Ave men took part in the robbery.
six were indicted. This seems to have been
brought about by the naming Of Purcell he.
cause he was known to be oil the gang and 81
Roberts because he answered to the dcscrtp-
tion OF Purcell. That he bore a striking
likeness to Purcell was certified to aftcrwar
by the prosecuting attorney, District Attorney
Downing. and later. when Purcell was discov-
cred in jail, and MIR. McDonough and Roberts
Purcell and Roberts looked as much alike as
two brothers.
scented to the Court OF Claims The sum Of $500
was allowed to him. He cons dernd this sum
Inadequate and he now seeks to have tho
award set aside and to have the case recon-
In preparing his brief Mr.. Mcponoueh SAYS
he found but four cases OF a similar nature on
the records, and only one OF these in this
Terence O'Neil Donnelly. a builder Of Brook
Ign. who was convicted in this city OF forgery
IN 1873. His Innocence was established. and
Jacobs had the act passed enabling him 70
prosecute a claim for damages against the
State He recovered 5000.
In the English cases cited the latest was that
OF William Hahron Of Manchester. who WAS
convicted in 1876 OF muir ierng Police Consts-
bic Cock and sentenced to he hanged. His
lite. In February; 1870, the real murderer.
Charles Peace. made confession and Parlia-
m"nt gave Habron the right to sue for dam
ages. He recovered 5000, Edward Galley.
recovered. according TO the rerords. $1,000
DAMAGES. and solicitor OF London named
forgery in 1874. recovered $1,000 after serv-
ing long term OF i'm DrlsOnmpDt