New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-01-21
Guilty of Assault in the
Second Degree Is After
Midnight Verdict.
"ILL GET YOU YET"
SNARLS PRISONER
Trial of East Side Character, Ac'
cused by Policeman, Rushed
to Finish at Night.

BENJAMIN rein, hOONH y" ''N o"'
world az "Dopey Benny" was convicted
shortly before / o'clock this morning OF
assault in the second degree BY jury IN
the General Sessions Court, which retired
at midnight
number OF gangsters waiting Tor the
verdict i'm the corridor OF the Criminal
Courts Building received the news win
anazement. They had frequently made
the remark during the night that Fem
could not be convicted
The gangman was remanded for SEN
tence next week by Judge Malone
As the jury was going out, Fein turned
10 Sergeant Patrick L. Sheridan. OF the
Clinton street police station, who made
the complaint, and said. with snarl:
"T'll get YOU yeti
The maximum sentence is five years
Each of the jurors was escorted to his
home by either a policeman, a court ON
Ger or a personal friend.
The taking OF evidence did not begin
until go o'clock in the afternoon. win
an hour out for supper at o'clock, the
trial proceeded straight through TO the
summing up and the charge. 1t was salu
that the trial was FASTENED In order 70
obvlate the locking up or the jury
Charles G. f. Wahle, counsel for the ce-
fence. had asked that the jury be Sc
clustered where they would not be SUD
iect TO prejudice inspired from newspaper
stories or other sources.
Sergeant Sheridan. in testifying against
"Dopey Benny" made the doctrine OF
Move along" and the gospel OF the night
stick the issues in the assault case against
the gangman.
He said that on the afternoon OF Au-
gust he saw "Dopey Benny" In Forsyth
street. near Grand, and served notice on
him that ne would have TO stop hanging
around there. as too many complaints
were coming in. That night, while sherl-
dan was talking with Adolph Rosenzweig,
manager of the Forsyth Baths, at no 80
Forsyth street, "Dopey Benny louhseu
across the street, he testified.
whats this fellow doing-pointing me
ont TO you?" Sheridan said Benny
asked.
Sheridan said he told the gangman tna1
nobody was pointing him out, cut tnat
he'd have to clear out OF there lrnihe-
diately. he said. Benny" began to swear
and struck him. Sergeant Sheridan de-
scribed the rough and tumble ngnt tnat
followed. He said that "Benny sot ms
night stick away from him and foush1
like tiger.
He finally got the gangman up 10 Grand
street. lighting every step. hoou-e
crowd gathered. shouting: XIII the cop
He's got the dope!'
The crowd prevented Sheridan from 81
ing toward the station house, In CLINTON
street so he dragged Benny" into the
sida entrance of the National Hotel III
Grand street. Just as Patrolman HAD
,oiob came I'D to reinforce him. Other
nolicemen came, he said, and they SUI
dued Benny" and took him TO the sta
ton house.
Mr.. Wahle contended that Sheridan had
attacked his client without provocatioh
and had warned him off the block next
IN that I'm which he lived merely because
"Dopey Benny had a police record. lie
called seven witnesses. who agreed that
that was the case, and several sara 'nas
Sheridan had dragged his prisoner around
to the Bowery, despite MS peas i0'
mercy. and that there half dozen ponce
men had joined in the attack upon him'
AdoIph Rosenweig, the only eyewitness
to the meeting between the gansman anu
the policeman, disagreed completely win
Sheridan. He said that as soon as rem
asked Sheridan il Rosenweig was point
ing him out to the police, Sheridan struck
him with his stick so that the BLOOD
flowed from the cut. Rosenweig' now
ever. became shaky under Mr.. Colligans
cross examination.
BEFORE beginning his defence, Judge
Wahle told the court that he feared some
of the newspaper accounts OF the oegh-
ming Of the trial might have prejudiced
the Jurors. With the permission OF Judge
Malone, Judge Wahle Intercepted the
Jurors on this point Several acknowi-
edged reading headlines about "Dopey
Benny" but said that they had not been
prejudiced thereby.