The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-09-16
JIM IRVING'S LUCK BAD, TOO.
THE JURF TEN TO TJyo JUST IS IN
THE ALLEN,S CASE

vvnen u IOuGn ScntIemnn SetS StaUueu
or siit with . Brick 1t Seems To Bo
Hard Work To Get Square Before
Jury-Aiien Says Mana saved Carrnra.
Within twenty -four hours after The Allen
failed to obtain the conviction OF Carrarn who
stabbed him. another tough New Yorker mot
q similar setback yesterday. He was ex-
Asssmblymnn Jim" Irving. Irving took the
witness stand in tho General Sessions. before
Judge CowlnG. yesterday. to testify against
John Carney. formerly special officer Mt
Jacobs's Third Avenue Theatre. who. Irving
snys. hit him In the face with brick early on
the morning Of AUG. 10. Tho brick knocked
out two OF 1ryiuR's front teeth.
Irving Is II years OF age. but he Is still hard
man to handle in scran Ono of his eyes is
nearly blind, but the other is so useful that he
never uses glasses. Irving was dressed In
black cheviot suit. and his black satin scarf.
tucked under q turn.down collar. gave him
the air OF clergyman. He wore no jewelry.
Irving testified that at about Q o'clock on the
morning Of Aug. 10 he was awakened In his
room nt tho Carlton House Mt AL Third avenue
and told that some men were trying to break
open tho street door. He won't down stairs In
his night clothes and opened the door. Gaffney
sprane from behind the billboard OF tho thea
tire and throw the brick. Sevcn or eight men
who were with Gatlney bombarded him with
bricks, Then there was pistol shot. and all
ran AWAY.
Had you given any provocation for this as
snult, Mr.. Irving?" asked Assistant District
Attorney Davis.
Mono whatever" replied Irving. II hadn't
hardly opened the door whom this fellow said
How IRE you. Jim Z. aud smashed mo With the
seem scent this fellow Gafinsy for two yssrssncs
put him out Of my place for trying to rob
Judge Cowine ordered this last remark
stricken from the record. and directed Irving
not to repeat it. But Irving DID work 1t In half
IN give uD" he said. y yearly boun Th At
sHys I'M 5s sss w flSns
ksf even BEEN of an
in this court. Irving?" asked Lawyer Coleman.
!oh. yes' answered Irving chserfully. and
served twenty months In the peni'sntiary for
"WssiHa si G,u i NV was slated that assaulted
man named Dick Darling" .,.r.,,
anI yop were expelled from the 1ess'a
W. NeS sa.I never" shouted Irving anerily. II
House and weren Ss You sspe ii :" 'o " ~
and Sia assaulted mo outside otit and defended
.sfhen irving testified It, that he e @anssins
The license il in Corneiis name. irvinr's wife
and children live at 4s6 East EIghty-seventh
Have you any other +, family than a, the one in
. ~ have not" answ S Irving red With rage a
can brand it as an Infamous lie: I've a wife
snd grown children. and my wife has been con-
k:sDsTj VIZ ia ;!I IIvs Cd with y. ier Thirty
keeper - that name. Who had been in tho
fsen not aensd sS.s he had pso in
bis hand when he opened the hotel door on
nd .she Bis MP pocE Which sas
0Pe sc !af, 200 East street
Wings reputation ion for veraeitL WAS yery pad
Irving. appreh end '"asEei MIR. Davis bianily.
II have. indeed" answered Malloy briskly.
,mMouldd you like me to tell all about itf I'd
"Ch, no. rejolned Mr.. Davis politely. Il
Sa he thers at ALL
and that be never had any trouble with irving.
Well. sir. he assaulted one OF our managers.
Mr.. Slocum. one time. and we wero down on
him: So used to advise people not to drink
In Irvings place. but to go to other saloons
around there. whore they could get better
drinks. and not be assaulted"
Did Irving assault everybody that went
Yes sir-every body but his friends-bie
politicians from Sixth avenue"
The jury aiter dellbernting severn! hours.
stood ten for acGuital, and two for conviction
o! simple assault.
That's quite n remarkable coincidence.
IN q similar case in this suit. stood In about
charged"
GatYuaY Haa remandad 10 axait a nav frial