Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-12-12
join eARVEY,s NAr.
The Tramp who has Caused the As
tors So Much Trouble.

New York. Dec, lO--rhc affairs OF
JtLn Garvey, the b. ivory luira,t who
displayed such an ind scrote preference
Tor Mrs. Caroline D. AstIt feather
bed, came up briefly before JUG Fitz-
gerald IN part 2 OF the court of general
| scHAttns
There were one or two little matters
thS; Judge Fiizgorul5 had - dispose of
betnfe Mr. GarveSs case Il srnten .
b, tv but they sank .lg' comparative
lnslgnlncance In the popular mind in
tcm, IA 'son with Plain john G.tvey
| uHl his enc nights reposc In the lap OF
] luxury.
| Lawyer William II. Stayton. who has
! Garvey's case IN hand, was In the court
room long before the judge was ready
to take the matter up,
| lie explained while waiting for the
Judge to set around to his affairs, that
| he Intended to move for Garvey's dis
1 missnl on the ground OF previous jeop-
nrdy, and, Incidentally though NOT as
| a part OF the formal defense, he might
show that Carney never was OF entlre-
/ ~ right mind,
Lawyer stuyton confidently believed
| that the mere motion for dismissal On
the ground OK previous Jeopardy would
| be sufficient and be granted Ia Gasc
Z it was not. he said he would call few
| witnesses who could testify to GaIYey's
general good character.
| In this connection the attorney gave
an added touch Of romance TO sleeper
| daryey's career.
! 1t seems that all the white during
4 which the Bowery outosst has boon la
! tho Tombs, since MIR. j, j, As'Ic re-
/ fused TO take his naive stateflea. as to
/ the motives thbt brought him into the
downy cmbr0co Of the Aston feather bed
and had him locked up again on this
D
l has had the pain OF incarcera,.tn meas
| urably relieved by not nav pg 10 sub
nit 10 the indignity OF the regular
I prison fare. Some wealthy and philan-
thropic lady, whose nainv Lawyer Stay
| ton protested not to know. has had Gar
vey's meals sent In from 4 neighboring
| restaurant
| IL was wen along toward noon before
/ Assistant District Attorney Macedonia
| called John Garvey to the bar,
| The prisoner is small. inoffenslve.
| ordinary looking man, with two
/ weeks stubhlo sproutlng up under his
! heavy mustache and over his weak,
| chinless face,
lie Wore a short gray coat with the
collar turned up aroud his ears, from
! force OF habit or lack OF shirt collar
apparently, and slouohed up to the bar
| with q hewildored sort OF air.
His attorney entered the formal plea
| OF former conviction TO this second
| charge OF burglary In the scond degree,
ana a Jury was promptly sworn In.
After Attorney Macedonia had said
| that he had no objection 10 their ad-
mission, Mr.. Sayton went on to read
the court records from Jefferson Mar
ket relative to Garvey's conviction and
nne OF IS on November IS
Thia being admitted as the veritable
record OF the transaction. MIR. stayton
rested on that, and Judge Fitzgerald.
after reading the statutes concerning
the crime OF dlsorderly conduct. on
which Carney was convicted, promptly
decided that II could have no relation
with the crime Of burglary In the sec
ond degree. with which Garvey IL
charged.
The judge would listen 10 no argu-
ment on the law on that point nnd.
brushing aside the plea of former leon,
ardy, ordered the trial Of the case 10
proceed
Then It transpircd that In anticipa-
tlon Of lengthy argument on thls
technical point, Assistant District At
torney Macedonia had allowed the Ave
Astor servants, whom he had sum
moned as witnesses. TO go home
The case was accordingly nut at tho
head OF the calendar after Mr. stay,on
had been permitted to take the am.
davit OF one OF his witnesses from New
Jersey.