Year: 1876

thar nnal acquitsaL Tho story Of tho attempted rob-
berry, the attendant murder and the direct evidence
against the prisoners is peculiar Tho crime
committed the Sd Of last August Oflcer Brock,
who specially detailed to watch private houses,
whose occupants were absent from the city,
was passing the house of Mr. Berdel about halfpast
four in the morning when he noticed that tho top Of
the coal vault had been removed from the sidewalk.
and suspecting that something wrong, he dropped
himself into the vault and searched the house. When
he reached the sleeping apartments on an upper
door he heard a noise the end Of tho main hall,
which was quite dark at the time. He saw
men standing In bathroom, ana before he
could draw his revolver OF the fired
and wounded him. He staggered and ell and the two
burglars then down stairs and escaped He
crawed to tho main door, managed to open sat
tho stoop until he attracted the notice of passer
BY. Tho police authorities notified. and he was
at once removed to St Barnabas' Hospital Aftor
lingering few days the officer died. and the police
redoubled their efforts to catch the murdorora For
fow days seemed to know anything about the
matter, but finally the police obtained clew'n the
statement Of neighoor OF Mr. Bcrdes who heard the
shots and two mon running away other wit
nesses came forward, and upon their statement the
police arrested the two mon under sentence OF
death.


To Thomas Ryan tho police givo bad character.
They say he has long been known to them thief
and desperate man. Ho has served term in the
Trenton State Prison and has also been sentenced to
live years hard labor In New York.


Charles Oschwnld seems to have borno better char
ncter He is the OF very respectable resident or
Newark, mason and builder, and oil that could be
against his reputation his being an associate
Of Ryan.


The men taken before the dying oficer, and he
identified Oschwald the man who shot him. The
men went through the usual examinations at the
Coroner's inquest and evidence seemed to accumulate
with rapdity that shadow Of the fate before
them. They brought to trial before Judge Depue
after long trial sentenced to be hanged on
the 5th OF January next


Notwithstanding the peculiar and direct character OF
most of the evidence there were those who doubted
tho guilt OF the Their easy manner in court and
jail and their utter indifference to what would to
be their inevitable end precludcd In the minds OF
many the probability OF their guilt 1t cannot bo de-
ncd however, that tho greater part of public senti-
ment In Newark is against them It is thought that
their explanation OF their whereabouts tho fatal
night has not been at all satisfactory and the public
resolving itself into jury, pronounced the verdict and
The sentence just Tho rionds of the prisoners, OF
course claim that they are innocent and urge that
Ihe identification OF Oschwald is a of mistaken
Identity The case Of Carr, Finnegan and Farley is
quoted as similar This is the way they put is:-


Three entered Mr.. Bannster's jewelry store
and, after assauIting and stunning the proprietor,
smashed his howcases and stole part of their con.
tents after which they made their escape. The three
men named above wero arrested tried for the offence
convicted and sentenced to The State Prison for ten
years They were positively Identified as the perpetra-
man who dealt him stunning blow between tho eyes
Brock identified Oschwald as The burglar who SHOT
him. A boy testified positively that tho defendants
were the three whom he away from the
store woman, who saw the Bannistcr robbers in
their flight, Identified one or more OF the prisoners
In the Of Carr Finnegan and Farley the defence
an alibi. II was teatinod that on tho evening OF
the robbery the three were in the Newark Opera
House, witnessing the performances OF skilled BOXERS
and passed out only TO visit for short time saloon
In the neghb0rhood.


tho argued that the witnesses belonged to the
ower and perhaps lawless classes and wero untrust
gcndanis had timc TO leave the Opera House, commit
the robbery and then return and reentcr the Opera
House before the performance ended just In the
late trial. 1t was insisted that Oschwad might have
killed Boock and yet have been homo carly in the
morning when the family say they saw him there
Carr Einnegan and Farley to the State
Prison. but after serving nearly TWO years OF their long
they were pardoned and discharged as inno


The counsel for Ryan and Oschwald are to make an
application to the Chancellor for writ of error 1t is
thought that Monday the application Will be
made. The Chancellor will be called upon TO decide
whether the exceptions have sufficient foundation for
frivolous, and upon the decision depends the
fate OF the condemned men, as II adverse to them, a
appeal the Supreme Courts closed The counsel how.
ever, believe that the exceptions are important and
worthy of argument and they consequently
uect that writ will be issued. In that
event TIE execution cannot take place until March. as
The argument be hc.d before the Supreme Court
before the February torn. Tho execution being fixed
Tor the 5th tho Governor will be applied to for re-
pricvc which doubt VIII be granted; but under the
law hc cannot postpone the execution longer than
ninety days from the day Of scnencc-that is to Feb
ruary 20 Judge Dcpuc, however, has signiied his
not there is any precedent Tor such action Should
the supreme Court deny the motion for new trial tho
Appeals But the approach To both OF these courts
blocked against tho doomed men should tho Chancellor
10 has ornItrn f<r1 rf
Their only chance Will then be an application TO the
Court OF Pardons.


jail They occupy cell No "a the second tier,
directly facing the iron doors leading to the nam nall
OF the Jail They both cheerful and lively, ana
express themselves confidently as to their final escape
from the galows. They see no one but their imme-
d,ate relatives who are exceedingly attentive, and
families and through the Kindness OF Colonel John
son, the warden, they arc made thoroughly comfort
Ablo During tho day they are confined TO their CELL
and in the evening, wnon the other prisoners
locked up, they allowed about an hour and half
10 exercise themselves in the corri Tors


Yesterday representative OF tho HERALD called at
the jail and admitted TO the presence OF tho
prisoners. They we're both in their shirt sleeves
they were neatly dressed in dark clothes and their
and clean appearance was lar superior 10
the average prisoners In one end OF The hall oi the
ail is q platform about four feet in height. On
corner Ryan sitting, and as the writer entered
smiled pleasantly and extended his hand. OschwaId
leaning against the side OF the platform, carelessy
loying with a small penknifc tho blade OF which he
opened and shut he talked Neither of tho men
seemed to be Hurried IN the cnst, aEu TtCclVcu tuc
evidence against them humorous and Mt times
Sarcastic n manner as occasionally feeling
uneasness TO their listener. Both OF the mon have
open frank counte nances, and their manner OF con-
versntion-barring occasional defect as mentioned
sboves as open and frank as their faces. In answer
10 questions OF the writer Ryan said:


Il deny entirely that was there at tho time Of the
shooting. know nothing about the matter, good,
bad Indifferent The ohccr's dying statement 10
tho effect that hc thought the that shot HIM TO
have been Oschwald, and he sure that 1 did NOT
should bc accepted nc also said that II mad been
q mi


'What do you think of your trial?" asked tho
writer.


IL say nothing against the judge attorney, but
the witnesses were bound 10 put us under Mrs Dun
morc the coIorcd woman, Tor inztanre pcrjured her
self twicconco the Police Court and aftcrward at
tc inquest THIS proved at the trial All through
tho trial took ttlc interest, because did
pcct q onvictioB.


sYou positively assert your innoccncc7''


ayes do II | was dic tomorrow, would die an
xcaa