Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-07-16
INDICTED FOR MURDER.
ID. j. Meserole. Who Shot Larbig in Dovie
Forney CONS stocks Flat.


Darwin J. Meserole, son of Gen. J. v.
Meserole of Brooklyn, will be arraigned to-
morrow before Judge Moore, in the King
county court Of sessions says the New York
Herald to answer to an indictment charging
HIM with the murder of Theodore Larbig in
the fiat occupied by Mrs. Dovie Forney
Comstock, in sackett street, Brooklyn, on the
night of June 2S
The grand jury met at 10 o'clock yesterday
morning and were in session until noon, dur
Ing which time the Meserole case alone was
discussed. Nine witnesses were called. Three
OF the nine did not appear at the coroner in
quest, and one of the three testified to having
overheard live words which may change the
entire aspect of the case. The words were
spoken by either Mrs. Comstock or Meserole
and besides the one witness that swcre he
heard them, there is another who heard the
same five words. This latter witness has not
yet appeared. nor will he until the case of the
people against Darwin J. Mescrole comes to
trial.
District Attorney Ridgway did not appear
before the grand jury, but Assistant District
Attorney John Clark conducted tine examina-
ton of the nine witnesses.
Young Meserole and Mrs. Comstock have
been In Raymond street jail since the night of
the murder awaiting the action of the grand
jury.
The grand jury acted on the case yesterday,
and the result is that Meserole will be tried for
| murder and Mrs. Comstock will be discharged
| SO far as the charge of being an accessory is
| concerned, but she will be held as q witness.
SERGEANT wALsHs STORY.
Sergeant Walsh of the Butler stree. police
| station, to whom Meserole and Mrs. Comstock
| surrendered within half an hour after the
shooting. the first witness. He repeated,
with slight additions. the testimony he gave at
the inquest. Sergeant Maude and Capt. p IL.
Leavey of the same station were the second
and third Witnesses Detectives Raleigh and
Rorke, who have done excellent work on the
| case. were the next to take the stand. Kittie
Mccartney, the servant Of Mrs. Comstock,
| was next sworn.
All these persons did little more than retell
| the story they told before Then came the
| three witnesses who have not hitherto appeared.
They were Mrs. James O'Connor, MIR j. H.
Creation and Mrs. Mackin. the janitress OF the
apartment house.
Mrs. OConnor lives in the fat directly above
the one in which the shooting occurred. She was
asleep in the room past which the sir shaft leads
| 70 the roof. 1t was in the room below hers tina.
| Larbig was killed. The noise of the quarreling
| awoke Mrs. OConnor. but did not brighten her
| much, as she admits having heard disturbances
| down there before. Then came the shots, and
Mrs. O'Connor ran out of her fiat into the one
| across the hall and tainted. That was all she
knew.
Mr.. J. II. Creation was then called. 1t will
| be remembered that Mr.. Creations wife was the
only witness who said at the inquest that she
| had heard the words, my God don't shoot
me- the answer. 'Yes, l will, " and the remark,
| Take that dog away"
Mrs. Creation did not appear before the grand
| jury because she is sick and in Troy visiting
| relatives. Her husband came in answer to the
| subpenas for himself and wife.
MIR. CREATIONS EVIDENCE
He adds one new link to the chain that NAV
bind Meserole too tightly for comfort. He
| testified that he was in the front room of his
fiat. which was the top one of the building, but
on the same side as Mrs. Comstock's.
When Mr.. Creations wife heard the row she
called her husband and he ran into the rear
room. The first words he heard coming from
the flat below were, Its in the bureau drawer.
The words were repeated and heard by not
only Mr.. Creator and his wife, but by third
person who had run into the Creations fiat in
| answer to Mrs. Creations cry of alarm. The
| third person will be on hand when needed.
Those words, Its in the bureau drawer. ~
| are significant. Larbig was killed in the room
where the bureau was. Meserole said he Law
down on the bed with the pistol in his poke.
ana Killed Larblg to save Mrs. Comstock, by
whom the latter was being beaten.
Was the pistol in that bureau? Was it to
| guide Meserole that some one called out at 8
| in the bureau drawer?" Did Meseroie get
there first and take the pistol out and shoot
| Larbig?
If he had done SO the body would probably
have fallen just about where it Was found with
bullet through the heart.
The testimony Of the police officers as given
at the coroner's inquest would have been en- ough
to get an indictment for manslaughter. but it
needed just a little more for an indictment for
murder, so the three witnesses that had not vet
appeared were brought forward and the muir
| der indictment founo
MRS. CoMsToCK PRETTY sARE
Mrs. Mackin. the jsnitress, was sworn. but
narrated nothing of importance. She was the
last witness, and she had hardly reached home
before the indictment had been agreed upon.
Mrs. Comstock was not included in the in
dictment, principally upon the ground that
| she did not see the shooting and was not in that
part of the fiat. The grand jnry did not want
to discharge her, because the coroner's jurv
had found her to be an accessory and it was n
discussion over her share in the trouble that
kept them two hours in considering the case
One or two of the jurymen were frank in
their expressions of opinion concerning the
woman, but IL c jority ruled and Mrs Com
stock will leave Judge Moores court tomorrow
as q witness and not as an accessory,
Neither Meserole nor Mrs Coms,ocl MO.
called before the grand jury, and there are vet
two or three subpenas to be served upon per-
sons who have not yet appeared.
hlttle Mccartney, the alleged servant" has
gone into temporary retirement within the
walls of a semi-religiOus institution but will be
present at the trial
Judge Briscoe Nominated Mt Port Tobacco.
Judpe John Parran Briaron xroe