Trial of John McGuirk - Alleged Accessory
Little Falls Journal & Courier, May 20, 1879
The trial of John McGuirk, the bartender at Regan's saloon, on an indictment for being accessory to the crime of stealing the body of the late Mr. Harry Burrell from the cemetery vault, was commenced last Friday afternoon. "Happy Jack" had been previously sentenced for this crime, which it is understood is a pre-requisite to the trial of an accessory. District Attorney Dudleston conducted the prosecution and Mr. J.M. McMurray appeared for the prisoner. The trial was the only one thus far had for this crime, the other confederates having plead guilty. The Utica Herald gives the following abstract of the evidence:
Alonzo R. Greene, of Little Falls, testified that he was a surveyor and made a map of a portion of the cemetery and diagrams of the vault, and building at Jacksonburg, where the remains were found.
D.H. Burrell testified to the date of the death of his father and to the condition of the vault before and after the outrage, also as to the finding of the body. On cross examination the witness testified to conversations had between the prisoner and himself prior to his arrest The maps were put into evidence.
Van Alstine, who has plead guilty as principal to the crime with which McGuirk is being tried as an accessory, testified: I came to Little Falls the latter part of last October; became acquainted with McGuirk in December; first had a talk with him on the street at Little Falls in regard to Harry Burrell's body on the 14th or 15th of March; he said: "I know a pretty good play, here is Harry Burrell who died a few weeks ago, and if we can get his body we can get a good reward." I said, "That's so, if we could get the body"; we had other talks about it; he asked who we could get to help; I told him we could get "Ad" Bellinger and Newton Lewis and his team; he said he did not know anything about them, but if I did it would be all right;
About March 20, Bellinger came to the Falls and I went and had a conversation with him; the next conversation I had with McGuirk I told him that I had seen Bellinger and what we propsed to do; he said all right; Newton Lewis came down a few days after McGuirk and I had been out walking, and were informed that Lewis had inquired for us at Regan's saloon; we went over to Foley's hotel and found him and his brother Wright; it was about the 27th or 28th of March; we four were all in the same room; Newt said he had been looking for me; we took a drink, and Newt and I went out to the barn and had a conversation; we came back and I told McGuirk that we would take Lewis' cutter and ride up around the cemetery and look over the ground; McGuirk and I got into the cutter and drove up and down Main street to throw off suspicion; we ran into a cart belonging to Dooley (I think that was his name) and tipped over; folks laughed at us; we also met Charley Stauring and Frank Stauring; we drove up to and around the cemetery, back down on to Main street and up and down it; then down to Willoughby's saloon and got a drink; Dygert, an ex-policeman was there; I took McGuirk home and went back to Foley's; while driving I asked McGuirk if he wanted to go back and see Newt; he said he did not, whatever I told him would be all right; on the drive I said to McGuirk that it seemed to be a pretty good place and I did not think it would be very hard to get the body; he said he would try it anyway;
on the return I had a conversation with Lewis; saw McGuirk again that night and told him what Lewis had said, that he would help; the night was then set for April 13; I told him Newton Lewis, Wright Lewis, "Orv" Schuyler and ourselves would make the party; he said he was satisfied with the party, that Newton was to drive around by way of Herkimer and get Wright; I had given him a quarter ot pay toll; that we were to meet them on the turnpike about half a mile outside the town limits; this last conversation related was in Regan's saloon about a week after the drive; after we appointed the night of April 13, I went to New York and was gone a few days; I got back Tuesday night and saw him there; we talked bout the moon and that we must have a dark night; I told him the Lewises would meet us on the turnpike;
we staid at the Girvan House that night; was with McGuirk all the next day and talked about it; I came from New York Tuesday night and we were to commit the crime the next Sunday night the 15th; saw him Saturday night and told hm I would be there the next night at half past ten; was at the saloon Sunday afternoon with a party; left about three o'clock; it was rainy; I took tea at Geo. Casler's went to the saloon again; the door was locked and I rapped three times; he and I were alone; he said Orv Schuyler had been there and he had told him that the meeting time was half past ten, but that Schuyler did not say much; I told him I did not think Scuuyler would come; We started out and came up toward Herkimer on the turnpike one-half a mile; we did not meet Lewis, so we sat down and waited until 2 o'clock and as Lewis did not come, I said I guessed the rain had stopped him; it was so dark he could not see to drive; we went back; saw Mitchell, a policeman, standing up against the bank; after we got into the saloon we took a drink; I said we might as well make a night of it and go up to the cemetery and look over the ground; he said that was a good plan, and when we started again we would have things down fine; we went up to the cemetery and examined the locks to the vault, and I decided we could open the vault with a bar; did not use our lantern, as there was a street lamp opposite that gave us light enough;
we had several talks during the week that followed; Lewis came down during the week and I talked with him; I told McGuirk that Lewis said he did not come on account of the darkness; the 15th we had a party at the Falls; the next day, the 16th I saw Scullen and talked with him; told McGuirk that Scullen and I were going to take a ride, were going to Jacksonburg and maybe to Fort Herkimer and Herkimer; I got the horse at Stauring's livery; I saw Lewis that day; I told McGuirk when I got back that Lewis was to come down that night to make arrangements for a second attempt the next night the 17th; I staid at Regan's that night until after 8 o'clock waiting for Lewis, then as I was sleepy went home; the next morning (the 17th) McGuirk told me that soon after I left, Lewis came and said he could not go that night as one of his horses was lame;
we had another meeting the night of the 18th or 19th and arranged for the crime; at that time I told them about "Happy Jack" that I had a new man; they wanted to know who he was, and I told them not to mind as he was a good man; I had decided that Lewis' team was too slow, and we might get caught if we used it; that I was going to get a horse in town; that we would not have Lewis come down, but would take the body to his house; I had told Lewis that I was liable to be at his house any night with it; Kane and I were to go to the cemetery and get the vault open, then go back and get the horse and call for McGuirk;
Van Alstnye here detailed the operations of himself and Kane in forcing the lock of the vault and opening the casket. His story was almost precisely that given by Happy Jack to the Herald reporter April 26. After we got the vault open we went back and Kane went after the horse at Fox's ; I went and detailed to McGuirk what we had done; it was then a quarter to eleven; I told McGuirk that he could not leave the saloon then without exciting suspicion; that we had got to start, as we would have to drive around by Finch's Basin to avoid comment and that we could not take the casket as we intended, for we could not get the door open far enough to get in and out and it was too heavy to handle; also told him he better stay, as Kane and I could do the work alone; he said he should want his share of the reward as he was "Willed to Go." I said, "of course;" he gave he me a bottle of whisky and some matches;
witness then testified to going to Fox's getting the horse and the course and operations of himself and Kane in going to the cemetery, getting the body, taking it to Jacksonburg and the concealment of it by Lewis. Nothing new was elicited.
He continued; Saw Lewis the next day and told him what had been done; while we were talking I put my hand into my overcoat pocket and found Burrell's Collar; it had come off and I put it into my pocket; I showed it to him and told him it was Burrell's collar; he said "that is the worst G--d d----d thing I ever saw; you'll have to get rid of it. We tied a stone to it and tried to throw it into the river; the stone flew off and the collar fell on the rocks; we talked about the reward and I told him we would have to get a lawyer to negotiate that; this conversation was before we learned that the crime had been discovered.
Witness also testified that the plan at first was to bury the body under Lewis' house but that owning to another family moving in, Lewis did not dare to have it done and so it was put under the barn; He also detailed other conversations with McGuick after the discovery of the theft of the body in regard to the fact that witness believed himself shadowed the day after the body was found, and as to other matters.
On cross examination an additional fact was elicited to the effect that the witness and McGuirk had a job put up to "go through" a Jew stopping at the Bradford House in Little Falls.
Charles Stauring, Frank Stauring, Andrew Foley and Richard Foley were called to corroborate Van Alstyne in miner details.
A better witness than Van Alstyne has not sat in the box at this court. He told his story in a manner showing much intelligence and shrewdness. He was subjected to a lengthy cross examination without being shaken in any material points.
In regard to his personal history he states he was born in Syracuse, is twenty-two years of age, lived at Oneida from the time he was five years old until the fall of 1875. Since then has been in Ohio and Pennsylvania until last fall, when he made a trip on the canal before coming to Little Falls. Some questions were asked concerning his previous record as to crime, to which he plead "privilege."
James Dooley testified to a collision with Van Alstyne and McGuirk on Main street as testified by Van Alstyne. On Cross-examination he testified McGuirk's reputation as indicated by the speech of people was good.
Orville Schuyler testified: I had a talk with Van "Alstyne about the taking of the body on the 13th of April; the talk was on the south side of the river; after this conversation went to Reagen's saloon and saw McGuirk; he asked if I wanted to see Van Alstyne and said he would be in at half-past ten o'clock; I told him I would be back; I did not return; thought it best not to have anything to do with the robbery and did not.
Newton "Pop" Lewis testified he first talked with Adam Bellinger in regard to the grave robbery; was at Andrew Foley;s one afternoon; McGuirk and Van Alstyne were away with my horse and cutter; had talks with Van Alstyne about the matter several times; Sunday night, April 15 was fixed as the time for the job; did not go on account of the rain and darkness; the body was brought to Jacksonburg; I assisted in putting it under the barn; the reason I had not dug a grave under my house as we had arranged was that another family was then living in the same house with me and I did not dare to do it. He also testified to calling at Reagan's saloon the night of April 16, as was related by Van Alstyne.
Joseph Mitchell night watchman, testified to seeing Van Alstyne and McGuirk enter the Girvan House late one night and register; also saw them come from the west one night as Van Alstyne testified; Van Alstyne said "hallou," witness testified that he had been watching Van Alstyne and McGuirk considering them suspicious characters.
William B. Perry corroborated Van Alstyne as to his borrowing a revolver of him April 18, and that McGuirk was then present.
A few other witnesses were called to corrorborate Van Alstyne's testimony in regard to minor particulars.
The defense called as their first witness the prisoner himself. He denied everything implicating himself in the crime except such corroborating facts as could be established by testimony aside from that given by Van Alstyne; He did not remember coming from the western part of the village late one night as Van Alstyne and watchman Mitchell testified; he admitted that he was charged with assisting in robbing Jerry Mitchell at Regan's saloon, but claimed he was not guilty; he denied attempting to enter the Bradford House with Van Alstyne for the purpose of robbing the Jew peddler; he testified his relations with Van Alstyne in March and April were not intimate and confidential, but admitted that they were together a great deal; he also testified that Regan kept a room for gambling purposes; and he did not know where Regan now is. On cross examination he was several times cornered by District Attorney Duddleston, and presented a poor appearance. He is not a success as a witness.
Witnesses were then called to establish the good character of the prisoner. Dennis Collins testified: Prisoner's character has always been considered good; never heard that he was accused of being connected with the Schartbach burglary nor robbing Jerry Mitchell nor attempting to commit a robbery at the Bradford House until after his arrest.
Benjamin Van Alstine testified that he had known the prisoner from boyhood up, but did not know the prisnoner's general character.
Michael Deasey had known prisoner for fifteen years and his character was good prior to the time of the grave robbery; had heard his character discussed but a very little and witness based his estimate very much on his personal knowledge of prisoner.
Daniel Hall had known defendant for five years. Counsel and court labored for several minutes to get the witness to give a direct answer to the inquiry as to whether he knew what the prisoner's character was and that it was good.
The prisoner was recalled and testified: I have spoken of the night Van Alstyne got matches and whisky of me; he had got matches before and had previously given him whisky in a bottle. I did not go up to the cemetery the Sunday night as Van Alstyne testified; have not been to the cemetery in about three years.
The counsel for the respective sides summed up the case, the jury was charged and retired as the court took a noon recess. In the afternoon at court hour the jury return a verdict of guilty.
Judge Prescott in pronouncing sentence stated that the court concurred in the verdict. McGuirk was sentenced to hard labor at Auburn five years.
In response to the question as to whether he had anything to say why sentence should not be pronounced, the prisoner responded that he had not, except that he was innocent. He stated his occupation to be that of a bartender, that was born in Washington; was a single man and could read and write.
D.H. Burrell testified to the date of the death of his father and to the condition of the vault before and after the outrage, also as to the finding of the body. On cross examination the witness testified to conversations had between the prisoner and himself prior to his arrest The maps were put into evidence.
Van Alstine, who has plead guilty as principal to the crime with which McGuirk is being tried as an accessory, testified: I came to Little Falls the latter part of last October; became acquainted with McGuirk in December; first had a talk with him on the street at Little Falls in regard to Harry Burrell's body on the 14th or 15th of March; he said: "I know a pretty good play, here is Harry Burrell who died a few weeks ago, and if we can get his body we can get a good reward." I said, "That's so, if we could get the body"; we had other talks about it; he asked who we could get to help; I told him we could get "Ad" Bellinger and Newton Lewis and his team; he said he did not know anything about them, but if I did it would be all right;
About March 20, Bellinger came to the Falls and I went and had a conversation with him; the next conversation I had with McGuirk I told him that I had seen Bellinger and what we propsed to do; he said all right; Newton Lewis came down a few days after McGuirk and I had been out walking, and were informed that Lewis had inquired for us at Regan's saloon; we went over to Foley's hotel and found him and his brother Wright; it was about the 27th or 28th of March; we four were all in the same room; Newt said he had been looking for me; we took a drink, and Newt and I went out to the barn and had a conversation; we came back and I told McGuirk that we would take Lewis' cutter and ride up around the cemetery and look over the ground; McGuirk and I got into the cutter and drove up and down Main street to throw off suspicion; we ran into a cart belonging to Dooley (I think that was his name) and tipped over; folks laughed at us; we also met Charley Stauring and Frank Stauring; we drove up to and around the cemetery, back down on to Main street and up and down it; then down to Willoughby's saloon and got a drink; Dygert, an ex-policeman was there; I took McGuirk home and went back to Foley's; while driving I asked McGuirk if he wanted to go back and see Newt; he said he did not, whatever I told him would be all right; on the drive I said to McGuirk that it seemed to be a pretty good place and I did not think it would be very hard to get the body; he said he would try it anyway;
on the return I had a conversation with Lewis; saw McGuirk again that night and told him what Lewis had said, that he would help; the night was then set for April 13; I told him Newton Lewis, Wright Lewis, "Orv" Schuyler and ourselves would make the party; he said he was satisfied with the party, that Newton was to drive around by way of Herkimer and get Wright; I had given him a quarter ot pay toll; that we were to meet them on the turnpike about half a mile outside the town limits; this last conversation related was in Regan's saloon about a week after the drive; after we appointed the night of April 13, I went to New York and was gone a few days; I got back Tuesday night and saw him there; we talked bout the moon and that we must have a dark night; I told him the Lewises would meet us on the turnpike;
we staid at the Girvan House that night; was with McGuirk all the next day and talked about it; I came from New York Tuesday night and we were to commit the crime the next Sunday night the 15th; saw him Saturday night and told hm I would be there the next night at half past ten; was at the saloon Sunday afternoon with a party; left about three o'clock; it was rainy; I took tea at Geo. Casler's went to the saloon again; the door was locked and I rapped three times; he and I were alone; he said Orv Schuyler had been there and he had told him that the meeting time was half past ten, but that Schuyler did not say much; I told him I did not think Scuuyler would come; We started out and came up toward Herkimer on the turnpike one-half a mile; we did not meet Lewis, so we sat down and waited until 2 o'clock and as Lewis did not come, I said I guessed the rain had stopped him; it was so dark he could not see to drive; we went back; saw Mitchell, a policeman, standing up against the bank; after we got into the saloon we took a drink; I said we might as well make a night of it and go up to the cemetery and look over the ground; he said that was a good plan, and when we started again we would have things down fine; we went up to the cemetery and examined the locks to the vault, and I decided we could open the vault with a bar; did not use our lantern, as there was a street lamp opposite that gave us light enough;
we had several talks during the week that followed; Lewis came down during the week and I talked with him; I told McGuirk that Lewis said he did not come on account of the darkness; the 15th we had a party at the Falls; the next day, the 16th I saw Scullen and talked with him; told McGuirk that Scullen and I were going to take a ride, were going to Jacksonburg and maybe to Fort Herkimer and Herkimer; I got the horse at Stauring's livery; I saw Lewis that day; I told McGuirk when I got back that Lewis was to come down that night to make arrangements for a second attempt the next night the 17th; I staid at Regan's that night until after 8 o'clock waiting for Lewis, then as I was sleepy went home; the next morning (the 17th) McGuirk told me that soon after I left, Lewis came and said he could not go that night as one of his horses was lame;
we had another meeting the night of the 18th or 19th and arranged for the crime; at that time I told them about "Happy Jack" that I had a new man; they wanted to know who he was, and I told them not to mind as he was a good man; I had decided that Lewis' team was too slow, and we might get caught if we used it; that I was going to get a horse in town; that we would not have Lewis come down, but would take the body to his house; I had told Lewis that I was liable to be at his house any night with it; Kane and I were to go to the cemetery and get the vault open, then go back and get the horse and call for McGuirk;
Van Alstnye here detailed the operations of himself and Kane in forcing the lock of the vault and opening the casket. His story was almost precisely that given by Happy Jack to the Herald reporter April 26. After we got the vault open we went back and Kane went after the horse at Fox's ; I went and detailed to McGuirk what we had done; it was then a quarter to eleven; I told McGuirk that he could not leave the saloon then without exciting suspicion; that we had got to start, as we would have to drive around by Finch's Basin to avoid comment and that we could not take the casket as we intended, for we could not get the door open far enough to get in and out and it was too heavy to handle; also told him he better stay, as Kane and I could do the work alone; he said he should want his share of the reward as he was "Willed to Go." I said, "of course;" he gave he me a bottle of whisky and some matches;
witness then testified to going to Fox's getting the horse and the course and operations of himself and Kane in going to the cemetery, getting the body, taking it to Jacksonburg and the concealment of it by Lewis. Nothing new was elicited.
He continued; Saw Lewis the next day and told him what had been done; while we were talking I put my hand into my overcoat pocket and found Burrell's Collar; it had come off and I put it into my pocket; I showed it to him and told him it was Burrell's collar; he said "that is the worst G--d d----d thing I ever saw; you'll have to get rid of it. We tied a stone to it and tried to throw it into the river; the stone flew off and the collar fell on the rocks; we talked about the reward and I told him we would have to get a lawyer to negotiate that; this conversation was before we learned that the crime had been discovered.
Witness also testified that the plan at first was to bury the body under Lewis' house but that owning to another family moving in, Lewis did not dare to have it done and so it was put under the barn; He also detailed other conversations with McGuick after the discovery of the theft of the body in regard to the fact that witness believed himself shadowed the day after the body was found, and as to other matters.
On cross examination an additional fact was elicited to the effect that the witness and McGuirk had a job put up to "go through" a Jew stopping at the Bradford House in Little Falls.
Charles Stauring, Frank Stauring, Andrew Foley and Richard Foley were called to corroborate Van Alstyne in miner details.
A better witness than Van Alstyne has not sat in the box at this court. He told his story in a manner showing much intelligence and shrewdness. He was subjected to a lengthy cross examination without being shaken in any material points.
In regard to his personal history he states he was born in Syracuse, is twenty-two years of age, lived at Oneida from the time he was five years old until the fall of 1875. Since then has been in Ohio and Pennsylvania until last fall, when he made a trip on the canal before coming to Little Falls. Some questions were asked concerning his previous record as to crime, to which he plead "privilege."
James Dooley testified to a collision with Van Alstyne and McGuirk on Main street as testified by Van Alstyne. On Cross-examination he testified McGuirk's reputation as indicated by the speech of people was good.
Orville Schuyler testified: I had a talk with Van "Alstyne about the taking of the body on the 13th of April; the talk was on the south side of the river; after this conversation went to Reagen's saloon and saw McGuirk; he asked if I wanted to see Van Alstyne and said he would be in at half-past ten o'clock; I told him I would be back; I did not return; thought it best not to have anything to do with the robbery and did not.
Newton "Pop" Lewis testified he first talked with Adam Bellinger in regard to the grave robbery; was at Andrew Foley;s one afternoon; McGuirk and Van Alstyne were away with my horse and cutter; had talks with Van Alstyne about the matter several times; Sunday night, April 15 was fixed as the time for the job; did not go on account of the rain and darkness; the body was brought to Jacksonburg; I assisted in putting it under the barn; the reason I had not dug a grave under my house as we had arranged was that another family was then living in the same house with me and I did not dare to do it. He also testified to calling at Reagan's saloon the night of April 16, as was related by Van Alstyne.
Joseph Mitchell night watchman, testified to seeing Van Alstyne and McGuirk enter the Girvan House late one night and register; also saw them come from the west one night as Van Alstyne testified; Van Alstyne said "hallou," witness testified that he had been watching Van Alstyne and McGuirk considering them suspicious characters.
William B. Perry corroborated Van Alstyne as to his borrowing a revolver of him April 18, and that McGuirk was then present.
A few other witnesses were called to corrorborate Van Alstyne's testimony in regard to minor particulars.
The Prisoner on the Stand
The defense called as their first witness the prisoner himself. He denied everything implicating himself in the crime except such corroborating facts as could be established by testimony aside from that given by Van Alstyne; He did not remember coming from the western part of the village late one night as Van Alstyne and watchman Mitchell testified; he admitted that he was charged with assisting in robbing Jerry Mitchell at Regan's saloon, but claimed he was not guilty; he denied attempting to enter the Bradford House with Van Alstyne for the purpose of robbing the Jew peddler; he testified his relations with Van Alstyne in March and April were not intimate and confidential, but admitted that they were together a great deal; he also testified that Regan kept a room for gambling purposes; and he did not know where Regan now is. On cross examination he was several times cornered by District Attorney Duddleston, and presented a poor appearance. He is not a success as a witness.
Witnesses were then called to establish the good character of the prisoner. Dennis Collins testified: Prisoner's character has always been considered good; never heard that he was accused of being connected with the Schartbach burglary nor robbing Jerry Mitchell nor attempting to commit a robbery at the Bradford House until after his arrest.
Benjamin Van Alstine testified that he had known the prisoner from boyhood up, but did not know the prisnoner's general character.
Michael Deasey had known prisoner for fifteen years and his character was good prior to the time of the grave robbery; had heard his character discussed but a very little and witness based his estimate very much on his personal knowledge of prisoner.
Daniel Hall had known defendant for five years. Counsel and court labored for several minutes to get the witness to give a direct answer to the inquiry as to whether he knew what the prisoner's character was and that it was good.
The prisoner was recalled and testified: I have spoken of the night Van Alstyne got matches and whisky of me; he had got matches before and had previously given him whisky in a bottle. I did not go up to the cemetery the Sunday night as Van Alstyne testified; have not been to the cemetery in about three years.
The counsel for the respective sides summed up the case, the jury was charged and retired as the court took a noon recess. In the afternoon at court hour the jury return a verdict of guilty.
Judge Prescott in pronouncing sentence stated that the court concurred in the verdict. McGuirk was sentenced to hard labor at Auburn five years.
In response to the question as to whether he had anything to say why sentence should not be pronounced, the prisoner responded that he had not, except that he was innocent. He stated his occupation to be that of a bartender, that was born in Washington; was a single man and could read and write.
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