New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-01-17
SLOW WORK IN GETTING TESTIMONY.
A RECKLESS CONVICT WHO WOULD NOT TESTIFY
TN THE SWEENEY MURDER TRIAL.

A RECKLESS CONVICT WHO WOULD Nor ihoiAii
IN THE SWEENEY MURDER TRIAL.
The prosecution in tho case Of alexander sweeney
on trial before Judge Glderseeye for muruer IN lno
FIRST degree in killing John Hannon In APRIL 1901
~ ado Glow progress yesterday. The testimony as 10
The ,acs has been given on two previous trials, but as
three years have passed since the witnesses "eo S
., am,n.d their evidence is not readily obtainable.
Policeman Michael Farley, Sergeant Mertens ana
Captsin RYAN were successfully called as Witnesses
for the prosecution They said, In answer 70 tho
questions OF Assistant DistrctAttorney DOS faSsoS
that Sweeney and Smith, when arrested Just after tho
killing of Hannon declared that they knew nothing
about It. and that they had not been near the "dunp
at the foot Of East Thirty-eghth-st When smith was
asked as to the empty chamber in his revolver no sa
that he had last fired the revolver several months
before at a cat Mr.. Howe did not cross-examins the
witness.
Thomas Fay was called as tho next witness He Is
a tall brightlookIng young man, with an lmpuuen'
manner He is under a fve-years' tern Oh imprison-
uent In the Kings County Penlteniary and has sun
sixteen months Of his term to serve. He was Wit
ness at the previous trial Of Sweeney. He was angry
Yesterday because the prosecuting officers had brought
him to this city to testify. He had tried TO keep MS
IMPRISONMENT secret from his friends in thiA city,
and found that the publicity given to his app
as witness in this trial called the attention OF MS
friends to his commitment to prison for crime. lie
was IN charge Oh an oAOot honA VI" ~'Ne~
Penitentiary.
When Fays name was called. he went at once to tho
witness stand and pushing aside the Bible whicn an
officer extended toward him, said to Judge Glider
sleeve: Judge, your Honor, refuse TO be sworn
sYou refuse to be svorn2" asked Judge Gllder
sleeve incredulously.
eyes, sir,1 said the prisoner decidedly. q refuse.'
syou are very firm In that posuon7' the Judge
asked.
Eyes. slr.s
GAS you are already in prison serving a long term,
Judge GIldersloeve said. :" 1t would not amount TO
much II were to order you to be imprisoned
will simply direct that you be fined S2oo."
Fay was told to leave the witness stand and was
taken away by the Brooklyn officer. He may %
brought to this city after bis term of imprisonment
in Brooklyn is finished and be compelled to pay s2'o
or servo a term of imprisonment He told Judge
Gldersleeve however, that "a few days moro OF
less in prison will not make much difference to me.'
Mrs Kate Harmon. the mother OF the murdered
man. testified that she her son in tho hospital
two days after the shooting. He said that he Knew
that he was dying. He told his mother that no saw
Smith and Sweeney approaching the cabin on the
afternoon of the shooting Smith drew hls revolver
almost Immediately and fired the shot Sweeney
stood by and the men walked away together after
the shot was fred Some OF the testimony previously
given by Mrs. Harmon was excluded In accordance
with the decision Of the General Term Of the supreme
Court
testified that her brother said TO her IN the hospital
Peter Smith she'd my blood and Alec Sweeney drank
It,"
The case for tho prosecution win be ended today