1874 Trial of the Masked Home Invasion Bandits Who Robbed the Kemble House on Shore Road on December 23, 1873
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The thieves terrorized the family, even forcing them to prepare wine and a meal as the burglars ransacked every room of the house. Once done, early that morning they fled to City Island carrying black valises with the loot they had stolen from the Emmetts. The robbers convinced a local boater that they had just come from an illegal prize fight and wanted to get to Long Island before the sheriff might try to arrest them. The boater took them to the docks at Great Neck, Long Island, where the robbers caught the steamer Seawanaka back to New York City, having breakfast on the ship.
The small group of thieves, it turned out, was a subset of a much, much larger band of career thieves and burglars operating out of New York City. That band, it turned out, had been burglarizing homes of wealthy suburbanites throughout the metropolitan region for quite some time. Only a few days later the same gang burglarized the home of a wealthy Staten Island family, stealing valuables worth more than $9,000. New York City Detectives, however, were on the case. They had been trying to capture the band of thieves for weeks if not months. After receiving tips that the band frequented a particular saloon in New York City, the police made their move, breaking up the gang and arresting its members.
Among those the police eventually arrested were four miscreants who were believed to have been among the group that terrorized the Emmett family. Recently I wrote that "No records of the subsequent criminal proceedings have been found so far. Yet, the evidence certainly seemed overwhelming at the time and it most likely was the case that at least these four burglars spent time in jail for their crimes."
Research now has uncovered extensive accounts of the trials, convictions, and sentencings of three of the four robbers. At least in the case of those three, they got what they deserved.
The four initially arrested for the Emmett home invasion were: "Patsy" Conway (alias Conroy); Dan Kelly; Larry Griffin; and John Burns (alias Billy Woods). Patsy Conway was the first to be tried in the Court of Sessions in White Plains, New York on the charges of burglary in the first degree and grand larceny. His two-day trial began on February 17, 1874.
Through his attorney, John D. Townsend, Patsy Conway presented evidence of an alibi with his wife and others claiming he spent the entire Christmas week in New York City. The District Attorney, however, presented evidence from the boatman who transported the robbers to Great Neck and a cook on the steamship who served them breakfast identifying Conway as among the six men with valises whom they saw and with whom they interacted early on December 23, 1873. The District Attorney further introduced the valises and the same lanterns believed to have been used in the Emmett robbery, among many other such items of evidence, recovered from the gang's headquarters after the Emmett robbery.
The jury retired to deliberate. They were out of the room for five minutes, then returned with a verdict of guilty. Conway later was sentenced to twenty years hard labor at Sing Sing Prison.
The next to be tried was Dan Kelly. He was tried immediately following the conclusion of the Conway trial, beginning on February 19, 1874. Kelly essentially refused to cooperate. He appeared without an attorney and refused to participate. The judge appointed an ex-judge to defend Kelly who then protested that the court was without jurisdiction and an ex-judge would be biased against him. Trial proceeded with essentially the same witnesses and evidence used to convict Conway. At the conclusion of this second trial, the jury took even less time to deliberate. They left the room and, "in a few moments," returned with a verdict of guilty. Kelly likewise was sentenced to twenty years hard labor at Sing Sing Prison.
The next day, February 20, 1874, Larry Griffin was tried in the same matter. Represented by counsel, Griffin took a different tack. Griffin's counsel conducted perfunctory cross-examinations of the various witnesses, then sought a series of complicated jury charges intended to benefit Griffin and likely delivery the possibility of an appeal. This time the jury's deliberations took "about three minutes" before they returned with a verdict of guilty.
Upon being asked by the Court whether he had anything to say why sentence should not be passed on him immediately, Griffin contemptuously "ejected a quantity of tobacco juice upon the new carpet and nonchalantly replied in the negative." The court immediately sentenced Griffin to twenty years hard labor at Sing Sing Prison.
The final trial, that of John Burns (alias Billy Woods), took a bit of a detour. According to one account:
"When the Court had commenced District Attorney Briggs stated that owing to the absence of three or four important witnesses for the people he felt unwilling to proceed with the case, and asked that the trial be postponed until the April term of the Court. To this Colonel John R. Fellows responded in behalf of the prisoner that the latter had a perfect defence; that they were prepared to prove by most respectable witnesses that it would have been physically impossible for Burns to have been at or near the house of Miss Emmett when the robbery was perpetrated, and asked that the accused be admitted to bail. In support of this latter proposition the counsel assured the Bench that if their Honors would interrogate the witnesses for the defence, when the Court adjourned, he was satisfied they would become convinced of the prisoner's innocence of the offence charged, to the end that he might be liberated on bail. The Court consented to ascertain from the witnesses what they were prepared to prove, pending which an adjournment was effected until next Wednesday, when the question of bail will be decided."
Research has not yet revealed the resolution of the charges against John Burns (alias Billy Woods). Perhaps with time. . . . . . .
At least three of the brutal "masked burglars" who invaded the Emmett home on Shore Road in Pelham on December 23, 1873, seem to have gotten what they deserved: the maximum sentence of twenty years hard labor at Sing Sing Prison. Only further research will reveal the fates of all the other robbers.
* * * *
I have written before about the infamous Pelham crime during which masked bandits invaded the Kemble House on Shore Road on December 22, 1873 and terrorized and robbed the Emmett family who owned the cottage. See:
Wed., Jul. 06, 2016: More on an Infamous Pelham Crime: Robbery by Masked Bandits of the Kemble House on Shore Road in 1873.
Fri., June 06, 2014: More on an Infamous Crime: The Masked Bandit Robbery of the Kemble House on Shore Road in 1873.
Tue., May 17, 2005: The Masked Burglar Robbery of the Emmett Home in Pelham on December 22, 1873 (Part I).
Wed., May 18, 2005: The Masked Burglar Robbery of the Emmett Home in Pelham on December 22, 1873 (Part II).
Below are several news accounts of the trials, convictions, and sentencings involving three of the four masked burglars who terrorized the Emmett family in Pelham on December 23, 1873. Each is followed by a citation and link to its source.
"THE MASKED BURGLARS.
-----
Trial of 'Patsy' Conway at White Plains, Westchester County -- A Story of Nocturnal Violence Told by the Victims -- The Prisoner Identified as 'Captain of the Gang.'
A large number of persons, embracing nearly all classes of society and including not a few of the gentler sex, assembled at White Plains, Westchester county, yesterday morning, it having been well and widely understood that the trial of the now notorious 'masked burglars' would take place in the Court of Sessions. Shortly after County Judge Silas D. Gifford and Messrs. Howe and Silkman, Justices of Sessions, took their seats on the bench, and it became known to the anxious spectators that 'Patsy' Conway, alias 'Conroy,' was the only one of the four imprisoned desperadoes whom they could gaze upon, a feeling of disappointment was observable both in the looks and actions of the immense throng which crowded the court room immediately upon the doors being opened. The prisoners, if appears, by advice of their respective counsel, have each demanded a separate trial, and, knowing the desperate situation in which they are placed, will doubtless interpose a most ingenious defence in each successive case to be tried.
HOW THE PRISONER APPEARED.
Conway, who, with his confreres, is charged with burglary in the first degree and grand larceny, appeared in a comfortable business suit, and seems to be somewhat reduced in flesh since his incarceration in the jail. He took a seat near his counsel, John D. Townsend, and tried hard to look composed. Later in the day a woman, supposed to be his wife, and carrying a child in her arms, sat near the prisoner, who, more than once during the afternoon, appeared to be in close conversation with her.
After about an hour had been spent in empanelling a jury the case for the people was opened in a brief though comprehensive address by District Attorney Briggs, who immediately afterwards called the first witness in behalf of the prosecution.
TESTIMONY FOR THE PEOPLE.
John P. Emmett testified that he lived in the house of his sister, Miss Lydia H. Emmett, which is situated about two miles north of New Rochelle [sic]; recollected the morning of December 23, when he awoke in his bed to find five men standing over him, all of them being masked, and each individual holding a dark lantern in one hand and a pistol in the other. He was promptly handcuffed and told to keep quiet by the masked men, who then questioned him as to what the house contained and also the number of occupants. They then demanded the safe key and
THREATENED TO SHOOT HIM
if he did not produce it. The witness detailed how the remainder of the inmates were secured, and identified the prisoner as one of the men who entered his bedroom several times to ask the whereabouts of various articles, while 'Dan' Kelly was standing guard over the entire household. From the manner in which the prisoner acted witness was impressed with the belief that he (Conway) was captain of the gang. The witness also testified to several articles of jewelry, watches, wearing apparel, &c., which were carried away by the burglars, who, besides breaking open the safe, ransacked every room in the house.
During a cross-examination by prisoner's counsel the witness did not deviate from the spirit or the letter of his direct testimony.
Miss Lydia H. Emmett, sister of the last witness, testified to seeing the masked men in her house on the morning in question; that they took her to her brother's room, and there left her while they were robbing the house; they did not handcuff her; she was not able to recognize any of the parties, excepting that the prisoner resembled in size the man who
DEMANDED HER RINGS
and threatened to gag her if she did not produce them.
William Baxter, an oysterman living at City Island, testified that at about seven o'clock on the morning of December 23, he was accosted by six or seven men, who were carrying valises, and who offered him $5 to take them across the Sound to Long Island; he subsequently ferried them across in his sailboat and landed them at Great Neck dock, on Long Island; he
POSITIVELY IDENTIFIED THE PRISONER
as being one of the party; the men said they had been to a prize fight and wanted to leave Westchester before the Sheriff overtook them; they all wore slouched hats, and endeavored to conceal their features as much as possible while on the boat.
The witness was cross-examined at great length by Mr. Townsend, but firmly adhered to his former testimony, and asserted to the last that he could not be mistaken as to the identity of Conway.
Mary Lyons, a colored woman, employed as cook on board the steamboat Sweanhaka, testified to furnishing breakfast to seven men after the steamer left Great Neck dock on the morning in question, and fully identified the prisoner as being one of the number. She also testified that the men carried black valises, some of which were produced in court and identified by her.
During her cross-examination the witness was decidedly stubborn, her quaint answers to counsel for the defence occasionally convulsing the Court and audience with laughter.
At five o'clock an adjournment was announced until half-past nine o'clock this morning."
Source: THE MASKED BURGLARS -- Trial of 'Patsy' Conway at White Plains, Westchester County -- A Story of Nocturnal Violence Told by the Victims -- The Prisoner Identified as "Captain of the Gang.", The New York Herald, Feb. 18, 1874, p. 4, col. 6.
"WESTCHESTER JUSTICE.
-----
The Trial of 'Patsy' Conway at White Plains Concluded -- Desperate Efforts of the Defence to Prove an Alibi -- No Mercy for 'Masked Burglars' -- The Jury Promptly Render a Verdict of 'Guilty' as Charged in the Indictment.
The trial of 'Patsy' Conway, alias Conroy, for burglary in the first degree and grand larceny at the residence of Miss Lydia H. Emmett, near New Rochelle, on the morning of December 23, 1873, was continued in the Court of Sessions at White Plains, Westchester county, yesterday. The interest manifested in the case on the preceding day seemed, if anything, tho have increased, as was evidenced by the rapt attention of the numerous auditory which remained in Court throughout the proceedings and the excited manner in which men discussed the testimony, both on the street and in the places of public resort. The examination of witnesses on the part of the prosecution was resumed.
Morris Leviness, an oysterman, living at City Island, testified to having in connection with William Baxter (a witness who was examined on Tuesday), on the morning of December 23, ferried six or seven men from City Island bridge across Long Island Sound to Great Neck dock. The witness fully corroborated the testimony of Baxter and positively
IDENTIFIED THE PRISONER.
as one of the parties in the boat on that occasion.
Detective Richard Fields deposed that he had assisted at the capture of Conway and others in a house on the corner of Washington and Canal streets, New York. He identified the articles and implements secured in the place named, consisting of dark lanterns, handcuffs, 'jimmies' ('sectional' and 'prong'), hats, pistols, powder flasks, spatulas, masks, valises, besides many other trifles, doubtless useful to the burglarious fraternity.
Detective Elder also identified the articles above enumerated as having been captured at the same time and place as the prisoner and his confederates. At the suggestion of District Attorney Briggs the witness took one of the large 'jimmies' and found it to correspond precisely with a hole in a piece of wood cut out of a desk in the house of Miss Emmett, which had been broken open on the morning of the burglary.
The case for the people having been closed, Mr. Townsend arose and stated that he would not make any opening address; that the defence proposed to prove an alibi, and he would at once proceed to call witnesses for that purpose.
TESTIMONY FOR THE DEFENCE.
Margaret Constantine testified that she lived in Mott street, New York, and had known the prisoner for three years; that he came to her house on Monday, December 22, and remained there, eating his meals every day and sleeping there every night, until the following Saturday; the prisoner slept with her nephew, and was complaining of rheumatism.
In her cross-examination the witness contradicted herself more than once, and admitted that her son-in-law, William Brickley, through whom she became acquainted with the prisoner, is now in the Kings County Penitentiary, and had also been in Sing Sing Prison, where he was accused of killing another convict named Jefferds, for whose murder he was afterwards tried and acquitted.
William Constantine, husband of the last witness, testified that he was a peddler by occupation, and knew the prisoner; that the latter had stopped at his house in Mott street, day and night, during Christmas week.
THE DISTRICT ATTORNEY AS A WITNESS.
Counsel for the defence here requested District Attorney Briggs to take the witness stand, and that official, having been sworn, testified that he did not know the witness, Margaret Constantine, and had never, to his knowledge, seen her in New York or elsewhere. This action on the part of Mr. Townsend was evidently in retaliation for the line of cross-examination adopted by the prosecuting officer, who had question the witness closely as to whether she had not seen and conversed with him before.
Margaret Constantine, alias Brickley, testified, as did the preceding witnesses, that she had never been accused of any offence; that she had known the prisoner for two or three years. She corroborated the statements of her parents regarding Conway being at their house every day and night during Christmas week, and that she walked out in his company on the evening of Monday, December 22, and spent some time with him at the house of her friend Mary Anne McGowan.
Mary Anne McGowan testified, in her cross-examination, to seeing the prisoner at his own house on the evening of December 22, while she was on a visit to his wife.
In summing up to the jury Mr. Townsend made an earnest plea in behalf of his client, and, while admitting that Conway's character was bad, argued that as there was a reasonable doubt of his identity in this case the jury should give him the benefit of that doubt, as the law mercifully provides.
District Attorney Briggs, in his address to the jury, depicted vividly the enormity of the crime with which the prisoner was charged, and portrayed the terrible consequences to society if justice was not promptly meted out to the perpetrators. He expatiated on the overwhelming evidence as to the guilt of the accused, and demanded, in behalf of the community at large, a conviction at their hands. His masterly and logical speech, which consumed nearly two hours, was listened to with excessive interest by the large audience present.
Having heard a concise and impartial charge from Judge Gifford the jury retired, and, after being out about five minutes, returned into court with a verdict of 'Guilty.'
At the request of counsel for the prisoner the Court consented to defer sentence until to-morrow.
The trial of the arch-felon, 'Dan Kelly,' another of the notorious masked burglars, will be commenced to-day."
Source: WESTCHESTER JUSTICE -- The Trial of 'Patsy' Conway at White Plains Concluded -- Desperate Efforts of the Defence to Prove an Alibi -- No Mercy for 'Masked Burglars' -- The Jury Promptly Render a Verdict of 'Guilty' as Charged in the Indictment, The New York Herald, Feb. 19, 1874, p. 7, col. 5.
"ANOTHER DESPERADO CHECKED.
-----
Trial and Conviction of 'Dan' Kelly at White Plains, Westchester County -- He Challenges the Court as Having No Jurisdiction -- The 'Masked Burglar' Sentenced to Sing Sing for Twenty Years.
When the Court of Sessions at White Plains, Westchester county, opened yesterday morning for the trial of 'Dan' Kelly, one of the infamous gang of 'masked burglars,' a general surprise was manifested at the non-appearance of his counsel. It had been well understood that Colonel J. B. Fellows, of New York, who appeared in behalf of the prisoner when the latter, together with the three confederates, was committed by Justice Porter, of New Rochelle, would undertake the forlorn hope of defending him.
The prisoner, on being brought from the jail into Court by Deputy Sheriff Ford, presented an appearance of utter hopelessness, and threw himself impatiently into the chair assigned him, as though the worst had been done, and he now defied the law, its representatives and its force. Indeed, this fat-faced desperado might well conclude that
HIS CAREER OF CRIME
was about to receive a protracted check, as the events of the week gave unmistakable evidence that Westchester juries are just now not disposed to trifle with individuals of his particular profession. The Court proceedings commenced ominously for Kelly and his confreres of the 'jimmy' and the mask, inasmuch as on Monday three burglars of lesser note, for breaking into the house of a gentleman named Wells, at Yonkers, were sent to Sing Sing Prison -- one for fourteen years and the remaining two for thirteen years each -- while his partner Conway was about to be consigned to the same home on the Hudson for the full term which the law provides for his offence.
In response to a question by Judge Gifford as to whether the accused expected his counsel to arrive, Kelly gruffly replied that he did not know, as the last time he had seen Colonel Fellows was about the middle of January, when it was understood that he was to be present with witnesses for the purpose of defending him. After waiting for more than an hour for the counsel and witnesses for the prisoner the Court proceeded with the trial and assigned ex-Judge Cochran to conduct the defence. Here Kelly arose and in an insolent manner refused to avail himself of the assistance of the counsel named, assigning among other reasons, that as Judge Cochran had been formerly
A MAGISTRATE OF THE COUNTY
his prejudice would prevent him from making a good defence. The Court then assigned him another lawyer, but the prisoner sullenly rejected him also, at the same time protesting against being tried in the absence of his witnesses. Kelly also asserted that the Court had no jurisdiction in his case. A telegram, which failed to elicit a response, was then sent to Colonel Fellows. The work of empanelling a jury was performed in a short time. As each juror in his turn was questioned by the District Attorney as to his fitness to try the case the Court would inform the prisoner that he had the right to challenge if he be so disposed; but that morose individual
CHALLENGED THE COURT
instead, insisting that he could not have a fair trial; that he (Kelly) was simply a 'figurehead' brought into Court to be convicted and not to be tried.
The testimony for the prosecution was mainly a repetition of that given on the trial of Conway, and as there was no cross-examination the case for the people was closed with an expeditiousness not often witnessed in courts. There was no summing up, and Judge Gifford having briefly charged the jury they went out and returned in a few moments with a verdict of guilty. Before being sentenced Deputy County Clerk Mills was about to administer the oath preparatory to asking the usual questions as to the prisoner's age, occupation, &c., but Kelly doggedly refused to be sworn, remarking aloud, 'You may take what is left of me.' In response to the formal interrogatories, Kelly stated that he was forty-two years old, born in New York, was a carpenter by trade, and had never been in a State Prison or Penitentiary. The Court then sentenced him to twenty years at hard labor in Sing Sing Prison.
The trial of 'Larry' Griffin and John Burns, alias 'Billy' Woods, will take place to-day."
Source: ANOTHER DESPERADO CHECKED -- Trial and Conviction of 'Dan' Kelly at White Plains, Westchester County -- He Challenges the Court as Having No Jurisdiction -- The 'Masked Burglar' Sentenced to Sing Sing for Twenty Years, The New York Herald, Feb. 20, 1874, p. 11, col. 2.
"THE MASKED BURGLARS.
-----
Sweeping Conviction and Sentence of the Outlaws -- 'Larry' Griffin and 'Patsy' Conway Each Sentenced to Twenty Years in the State Prison.
The trial of 'Larry' Griffin, another member of the masked band which in the dead of night broke into and ransacked the residence of Miss Lydia H. Emmett, at New Rochelle, was commenced yesterday morning in the Court of Sessions at White Plains, Westchester county. There was no diminution in the numerous attendance which formed a feature of the preceding days, each seat within and without the bar enclosure having been eagerly occupied long before the proceedings commenced.
When the Court and counsel had been seated District Attorney Briggs arose and moved that the case of the people against Lawrence Griffin be taken up, and suggested that the Court assign Colonel J. B. Fellows, who was present and was familiar with the case, to the defence of the prisoner. The counsel named then addressed the Court, explaining the misunderstanding which seemed to exist in regard to his professional relations towards Dan Kelly, exonerating himself from any apparent remissness in not being present to defend that individual on Thursday, and concluded by saying that if the Court so wished he would do the best he could for the prisoner at the bar. The Court then, with the consent of Griffin, assigned Colonel Fellows to defend him.
A few minutes only were consumed in the empanelling of a jury, the first twelve names drawn having proved mutually satisfactory to the opposing counsel. The evidence for the prosecution was then rapidly presented, the prisoner's counsel dwelling very briefly on the cross-examination of each witness, who rehearsed the same conclusive statement as that given at the trials of Conway and Kelly. The identity of the accused as having been seen in the vicinity of Miss Emmett's house on the evening preceding the burglary, of his having, with six or seven others, been ferried across Long Island Sound on the following morning, and his subsequent passage to New York on the steamer Seawanaka, was testified to most positively by several witnesses.
Knowing that he was engaged in a hopeless case Colonel Fellows disclaimed all intention of making a speech to the jury, and stated that he had a few requests to solicit of the Court in behalf of the prisoner. He then asked the Court to charge the jury that if they had any reasonable doubt on the whole case that the identification of Griffin was not proved, that doubt was legally his and the jury must acquit; also, that if the jury were in doubt as to whether the prisoner committed either the burglary or the larceny with which he was charged in the indictment, they must give Griffin the benefit of the doubt and only convict him of the lesser offence.
When District Attorney Briggs had briefly summarized the leading facts brought out in evidence against the accused the Court charged the jury, which, after an absence of about three minutes, came into Court and rendered a verdict of 'guilty as charged in the indictment.'
Previous to being sentenced Griffin, in answer to questions propounded by the Clerk of the Court, said that he was thirty-one years old, born in Ireland, a stonecutter by trade, and refused to say whether he had or had not ever been in a State prison or penitentiary. Upon being asked by the Court whether he had anything to say why sentence should not be passed on him, Griffin ejected a quantity of tobacco juice upon the new carpet and nonchalantly replied in the negative, whereupon he was sentenced to be confined at hard labor in the State Prison for twenty years.
'Patsy' Conway, alias Conroy,, was brought from the jail into Court during the day and sentenced to twenty years imprisonment at hard labor. The Court then adjourned until next Thursday, on which day the trial of the remaining 'masked burglar,' John Burns, alias 'Billy' Woods, will take place."
Source: THE MASKED BURGLARS -- Sweeping Conviction and Sentence of the Outlaws -- "Larry" Griffin and "Patsy" Conway Each Sentenced to Twenty Years in the State Prison, The New York Herald, Feb. 21, 1874, p. 5, col. 5.
"THE NEW ROCHELLE CRIME.
-----
Another of the Alleged 'Masked Burglars' in Court -- An Effort to Have 'Billy Woods' Admitted to Bail.
The many spectators of both sexes which filled the Court of Sessions at White Plains, Westchester county, yesterday morning, in the expectation of witnessing the trial of John Burns, alias 'Billy Woods,' whose three companions are now serving the State in Sing Sing Prison, for the crime perpetrated at the residence of Miss Emmett, near New Rochelle, were doomed to disappointment. When the Court had commenced District Attorney Briggs stated that owing to the absence of three or four important witnesses for the people he felt unwilling to proceed with the case, and asked that the trial be postponed until the April term of the Court. To this Colonel John R. Fellows responded in behalf of the prisoner that the latter had a perfect defence; that they were prepared to prove by most respectable witnesses that it would have been physically impossible for Burns to have been at or near the house of Miss Emmett when the robbery was perpetrated, and asked that the accused be admitted to bail. In support of this latter proposition the counsel assured the Bench that if their Honors would interrogate the witnesses for the defence, when the Court adjourned, he was satisfied they would become convinced of the prisoner's innocence of the offence charged, to the end that he might be liberated on bail. The Court consented to ascertain from the witnesses what they were prepared to prove, pending which an adjournment was effected until next Wednesday, when the question of bail will be decided."
Source: THE NEW ROCHELLE CRIME -- Another of the Alleged 'Masked Burglars' in Court -- An Effort to Have 'Billy Woods' Admitted to Bail, The New York Herald, Feb. 27, 1874, p. 8, col. 6.
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