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Story May 22, 1838

Alexandria Gazette

Alexandria, Alexandria County, District Of Columbia

What is this article about?

In New York, Patrick Tracy was tried and convicted for assaulting and robbing elderly paint dealer William Post of $170 and securities on December 11 near Cherry Street. Child witnesses identified him, overcoming an alibi defense. Sentenced to perpetual hard labor.

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in New York.

A case which excited considerable interest, was tried at the Sessions yesterday. Patrick Tracy, a resident of Willett street, well known at the police office, and a man of family and property, was tried for assaulting and robbing Mr William Post, an elderly gentleman of large fortune, and extensively known as a dealer in paints, at the corner of Water and Front streets. The robbery took place at twilight on the evening of the 11th December. Mr Post was returning from his store to his dwelling house, with about $170 in money and a large amount of securities in a tin box tied in a handkerchief. When in the neighborhood of No. 17 Cherry street he was assaulted and knocked down by three persons; one of whom stole the box, and all three ran off.

The prosecution called on the stand two prisoners, named Quack and Newlan, who while in jail, made voluntary confessions that they accompanied Tracy at his suggestion, for several nights to perpetrate the robbery, and although they had no communication with each other while in jail, coincided in all the particulars of the robbery. These witnesses were of infamous character, and their testimony would have been worthless, but for the act of the robbery having been witnessed by a very intelligent little girl, and two equally intelligent boys, who were on the opposite side of the street and at the time. The girl returned to her dwelling house, and gave notice of the fact, but the boys followed the robbers, and had a full view of the face of the accused. When taken to the police office they separately designated Tracy, among fifteen persons assembled. The girl had never been in a court house before yesterday, and, having given her testimony was directed to look around the room to ascertain if she could recognize the man who assaulted Mr Post. In less than a minute she pointed to Tracy, exclaiming, "That is the man."

These proofs were irresistible.

The defence set up was an alibi. Several persons appeared who swore, positively, that they were in company with the accused from early in the afternoon till late in the evening of the night of the robbery, at the house of the prisoner. The alibi went under a strict scrutiny, however much they may have endeavored to testify truly, it is probable they were in error in regard to the day.

The jury was charged with great ability by ex-Recorder Riker, Mr. Waxwell and Mr Talmadge. The prosecution was conducted by Messrs Phelps and Morell. It was proved on the trial that Mr Riker held a mortgage on the prisoner's property. The trial commenced at 11 A.M. and a verdict of guilty was rendered at half past two this morning.

The penalty is perpetual imprisonment at hard labor -Star.

What sub-type of article is it?

Crime Story Historical Event

What themes does it cover?

Crime Punishment Justice

What keywords are associated?

Robbery Assault Trial Conviction Witnesses Alibi Child Identification

What entities or persons were involved?

Patrick Tracy William Post Quack Newlan

Where did it happen?

New York, Near No. 17 Cherry Street

Story Details

Key Persons

Patrick Tracy William Post Quack Newlan

Location

New York, Near No. 17 Cherry Street

Event Date

Evening Of The 11th December

Story Details

Patrick Tracy and accomplices assaulted and robbed William Post of money and securities near Cherry Street; child witnesses identified Tracy in court despite alibi; convicted and sentenced to perpetual hard labor.

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