Evening star., 1899-03-17
James Riley and Henry Gawler Con-
victed Of Highway Robbery.
JURY AGREES WITHIN FIVE MINUTES
Defendants on the Witness Stand
Assert Innocence.
EXTREME PENALTY IMPOSED

! John H. Mcdowell was called to the stand
| as witness for the prosecution. Mr.. Nc
| Dowell resides on Vermont avenue between
| X and l. streets. He testified that about 8
| o'clock the evening of Thursday the 9th
| instant. he had occasion to proceed along
| the south side of Massachusetts avenue,
going west. When at point midway be-
tween 17th and 18th streets he noticed two
men standing near the curb. One of the
men approached the witness, with his hand
out. as though in quest of aims. Witness
took very good look at the face Of the
man.
II swerved from the man." Mr.. Mcdowell
told the jury, "and as did so he grabbed
my left arm. l made a movement to jab
him in the face with an umbrella / carried
in my right hand. AS I did so the other
man caught hold of me. The first man, to
save his face from the threatened blow
with the umbrella, released his hold of my
arm. With an effort / swung myself free
One Of the men drew something from his
pocket and leveled 1t at me, remarking
with an oath, I'll f1x YOU We stood fac
then the men backed a few feet, turned and
walked away"
Mr.. Mcdowell positively identified Riley
as the man who grabbed him first. The de-
fendant Gawler answered the general de-
scription of the other assailant
Postal Clerks Testimony,
Howard W. Boyden. a letter carrier, was
the next witness. He left the post office at
1870 a. m. Friday last to make his collec-
tlons. About 12:45 or 1880 O'Clock, he
stated, he was on 10th street between
Grant place and H street. Two white men
shuftled past him. A few moments later he
heard some one halloing. Mr.. Hickman
then appeared on the scene. His face was
bloody. The two men had turned into
Grant place. Witness followed them. blow
Ing his police whistle. The men disaD-
peared in an alley and the witness CON
tinued blowing the whistle until two police
men arrived, to whom the affair was re-
ported.
Sergeant Simon ]. Harry of the ninth po-
lice precinct next related the details attend
ing the arrest of the defendants. In COM
pany with Policeman Sweet he came across
the two men last Friday evening at Ben
ming as tney were about to leave on a
freight train. AS they answered the de-
scTfption sent out of the two men wanted
Tor highway robbery the witness placed
them under arrest suspicion and took.
them to the Benning Hotel to await the ar
rival of a patrol wagon. While there Riley
asked to be allowed to visit the toilet room
After the men had been taken away in the
patrol wagon the witness looked in the
toilet room and found a gold watch. He
overlook the wagon and had the prisoners
searched. Riley had s1.10 and Gawler 81. .O5
When Riley saw the watch he said to the
witness: -t.-..-
L uIln Know you ndd tnat.
At the station 1t was observed that the
men wore new uHderclOthing.
The testimony of Policeman Sweet, who
assisted in the arrest of the defendants,
was substantially the same as that of Ser
geant Harry.
Defendant Riley on the Stand.
Attorney Truitt. for the defendants. was
about to ask the e-court to instruct the jury
10 acquit the indictment charging rob-
berry from Mr. Jones. on question of the
ownership OF the property stolen, but JUS
tice Cole declined TO consider the motion at
that time.
Without making the usual opening re-
marks to the jury Attorney Truitt began
his case by placing the defendant Riley ON
the stand. He stated that he is from Phil
adelphia and is a printer by trade: Ac-
cording to Riley, he came to Washington
from Richmond leaving there Thursday
evening of last week and reaching this
city the following Monday He met Gawer,
he said. for the first time in his life last
Friday afternoon about 4 O'Clock at t1st
street and Pennsylvania avenue.
An Emphatic Denial.
Riley made most emphatic denial of all
connection with the robbery. In connection
with his alleged remark to Sergeant Harry
that he didn't know you had that" Riley
declared he had no reference TO the watch,
but was speaking of a theater coupon.
The other defendant, Gawler, told the
jury that he was native of Kansas City,
a machinist by trade, and came here from
Kansas City. He denied that he had any
connection whatsoever with the robberies.
He explained his possession of the overcoat
alleged to have been stolen from Mr.. Jones
by stating that he purchased 1t for thirty
five cents last Friday morning from man
he met on Pennsylvania avenue near 1st
street.
you say you are from Kansas City" re-
marked Assistant District Attorney Shil-
lingten. Ibid you ever hear of the James
boys?"
''Oh, yes; I've heard Of them," replied
Gawler
The defendant Gawler took occasion be-
fore leaving the stand to declare that none
of the witnesses, including Mr.. Jones, at
the hearing in the Police Court. had iden-
titled him in connection with the affair.
Mr.. Jones. though, he said, had suddenly
changed his mind, and at the present hear
the coat
This closed the defense. The assistant dis
trlct attorney announced that he did not
desire to then address the jury. Attorney
Truitt, however, spoke at some length, lay
ing particular stress on the fact that Cav
Ter had not been Identified with any degree
of certainty, and that the question of rea-
sonabie doubt figured very largely as re-
CARDS Riley.
Assistant District Attorney Shillington
in summoning up the case for the govern
ment stated to the jury that it was almost
incredible that happenings such as the case
was based on could occur In the heart of
the national capital The crime charged
against the defendants was most atrocious
in the opinion of Mr. Shiilington. He then
went on to explain that the possession of
recently stolen goods was presumption of
guilt. 1t was argued by the assistant dis
trict attorney that 1t had been clearly
proved beyond any doubt that the de-
PENDANTS were guilty as charged.
This is case, gentlemen of the jury"
concluded Mr.. Shillington, which you
should take advantage of to warn highway
men and footpads that they cannot practice
their nefarious calling in the streets of
this city
Justice Cole charged the jury briefly and
at 12:30 O'clock the twelve men retired.
Within five minutes thereafter Deputy
Marshal Won Muegge announced that the
jury had agreed. and that body a moment
later reported that they had found both
defendants guilty on both Indictments
They must have found guilty before
they left the room," Riley said to a deputy
marshal as he was being taken to the cell
downstairs. Just think, this is St. Pat
rcks day. and ought to be promenading
ON Pennsylvania avenue"
Prisoners Sentenced.
After a recess Assistant District ATTORNEY
Shil1inpfoD movad for Sanfapoa Attnrna.,