Year: 1879

DAMAGING EVIDENCE AGAINST THE PRISONER


HoPE-wITNEssEs WHO SWEAR THEY SAW


HIM ABOUT THE BANK ON THE MORNING OF


THE ROBBERY.


The examination in the case of John Hope, who
arrested on suspicion Of completely in the Man.
haitian Bank burglary, resumed yesterday after.
noon. before Justice Flammer at the Jefferson Mar.
ket Police Court. Annie Sample, colored girl.
fifteen years old. called to the stand and placed
under severe cross-examinaton to the allegations
set forth in her affidavit. 1t will be remem-
bered that this witness swore that while
she passing through Bleecker street. sn
about O'Clock the morning of Sum-
day. October 81, she . milkman sitting in his
wagon opposite the Beecker street side of the bank
building and when the milkman uttered his usual
cry, in his shirt sleeves to the side door
of the bank and said in gruf voice there was no
milk wanted, Is the people had gone into the coun-
try, and that she had seeing Hope, fully
identified him the who answered
the milkmans call. Although her powers
of recollection and description rigdly
tested by Mr.. Brooke for than
hour witness repeated with intelligence and pre-
cision all the circumstances she had sworn to in her
affidavit. At the Mercer street police station last
Monday night she taken into room where Hope
and six seven other men were standing and thcro
recognized him at once.


STRONG conRoBoRATIvE EVIDENCE.


Edward Gigar. policeman connected with tho
being cross-exanined by counsel for the prisoner.
This witness testified in his affidavit that at about
seven O'Clock the morning of the robbery, and
while he was walking the south side of Blocker
street. near Broadway he saw milkman stop ut the
bank; tina. he heard tho latter call and then
ing his entire cross-cxamination the witness
seldom deigned to cast a glance at Lawyer
Brooke, whose efforts to shake the testimony of tho
nexorable policeman altogether fruitlcss Since
the Sunday morning on which he saw Hope coming
out of the weather door of the bank the witness
testified that he had not again behold him until last
Monday night. in the Mercer street police station,
when he identified the prisoner from among several
others rs the man who had answered the milkmans
CALL


To question by Justice Flammer to whether
he had observed any other milk wagons that
morning the witness replied that he not sure.
and that one Of the circumstances which called his
attention to the milkman whose call Hope answered
was the fact of his seeing colored girl going along
Bleccker street having parcel on her head This
latter piece of evidence out quite unexpectedly.
and was evidently most unwelcome to the counsel
for the prisoner as it corrobored the testimony OF
the previous witness in regard 20 her passing tho
bank building at that time.


William Warren, police officer. also attached to
the Fifteenth precinct. sustained. cross-examna-
tion the allegation set forth in his affidavit
That while patrong the precinct in citzens clothes.
at quarter before six O'Clock on the morning of tho
robbery, he saw a man. whom he has since recognized
the prisoner. standing on the corner Of Bleecker
and Crosby streets, and accosting him aud asking
what he wanted there Hope replied that he was wait



he spoke to on that morning and the prisoner are
identical.


THE AMOUNT


This ended the cross-examination OF all those
whose affdavts ut present constitute the charge ON
which Hope is held, his counsel declining to Cross
examine Captain Burns. on the ground that his was
but hcarsay evidence


Assistant District Attorney Russell made n formal
motion that the prisoner be committed and suggested
that on the question of bail His Honor should con-
slider the magnitude of the offence. the deberation
which characterized the plan of the burglary and
the precision which marked its execution resulting
in the carrying away of $3OO0OOO worth OF property
IL the Court should conclude that IL was bailablo
case Mr.. Russell thought that S25.OO0 was not pro-
portionay large sum IN which to hold the prisoner


Mr.. Brooke then asked the Court TO fix the amount
OF bail and opposed the suggestion of Mr.. Russell in
regard 10 the amount saying that $4,000 was alb.
surdy exorbitant, especially the evidence offered
for the purpose of connecting Hope with the robbery
was very slight. The question OF the amount OF
property stolen he said, whether IL be 81 30O0000
three cents does not enter into the case the statute
only recurring a sufficient amount OF bail to insure
the appearance of the accused for trial, and to ask
excessive bail would be against the constitutional
right OF the prisoner.


bail this morning.