New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-11

HE UNLAWFCILY ENTERED MRS AS
TORS HOUSE.

SHOWN THAT HE MUST HAVE HAD SOME OTHER
PURPOSE THAN TO FIND \ PLACE TO
SLEEP IN GOING INTO THE RESIDENCE
The crowd of dlers about Part II Of General SEES
sions greatly augmented yesterday morning in
expectation of seeing John Garvcy the tramp. Mr
Stayton was early in court prepared to defend mis-
client George W. Turner has retained Mr. Stayton
to look after Garyeys interests
Considerable interest IS manifested 10 GdrVey's
career. year ago last September Garvey left the
employ of Isaac Taylor. the owner Of tea store in
Jersey city. He had proved. according Mr.. Tay
lor a sober Industrious clerk. Garvey went away
of his own accord. Then he led irregular exist
encc. the details Of which he says he cannot re-
member himself. He remembers that he used to
hang around McCullouCh's shoot ing gallery. In the
Bowery. Beyond this his memory is al fault.
1t II - a. when the clerk called John
Garvey to the bar" Garvey looked weli-fed. but
unkempt He showed no interest in what going
on. Assistant Dstrct-At,orney Macedonia made the
opening address for the People in which he said:
1T appears that the nth day Of last month the
defendant entered the house No $50 Fifth-avc. oc-
cupied by Mrs Caroline Aston. II Will appear that
got in through a gate on Thiriy-fourth-st lie
entered the house AMI went up 10 the top foot
where he found in the room occupied by the
launGress lie has stated all along that the purpose
which brought him there was 10 90 10 sleep. We
will show that If his only intention was TO 20 10
sleep he carefully and studiousy avoided twenty
opportunities TO 20 to sleep from the time he left
the kitchen until he got to the top 81 the house All
these other opportunities were more ailurng than
that presented in the room in which he dii 20 10
sleep.
1T is TO be noted that Garvey carefully avoided all
the rooms that seemed to be occupied. The room IN
which he found alone failed to disclose trunk
some clothing hanging in sight. We will show
that the facts Overwhelmingly against n" the
DRY that the defendant went 10 that house for The
sole purpose OF going 10 sleep.
Jane Dcugheriy. the lauudross. In whose bed Gar
vey slept testified to finding her door locked wh'n
she went TO her room about 10 O'Clock that might
She told how she then went down 20 tn room Of
Johanna Becks, houscmad. and informed her
that she could not get into her own room; how
the laundress and the hOusemah hold a council OF
war, and the result. John Brennan. the ioo'man'
and Thomas Hade. the butler. were called to as
sist in solving the mystery Of the closed door
They ratified and made noise, but there Was 10
and Garvey was found. apparently asisep ~"
story OF Jane was cofroboraiei hy the diners VINO
toop part with her in the discovery ana apIT,h'"-
sion Of the tramp. Policeman James haTiS Co. 49,,
fed TO making the arrest and conducting inc prs
oner 20 jail The State then rested its case
The defence moved TO dismiss upon the irst count
entering" The Court granted the motion; The d
fence experienced great deal OF nhcTrny III t ,h
J@rsey City merchant Ii set forth the fact mat
during The sdS, anG .aIr x
night watchman at the Astor hone, iss,inei, rSot
vember H. and that Garvey did not come IN af YER
that time He said he could find no evidence or IN"
house having been forciby entered. John 'ohey
who had been employed with Garvey IN Il shoouhS
gallery on the Bcwery. testified that after ms re
iurn from Jersey city Garvey acted queerly Inc
witness said he believed Garvey to be OF unsound
mind , ,,...... &, To
land and that he "A good boy then II" kept
track OF him I'm this country up To two years ago
and Garvey appeared always wei dressed ana pros
perous Thomas ". Bath. policeman. anu Join
Harrison testified to Garvey's having acted aueery
a different times $780,, H. ,oIa
,bs ola story over again without deviatlnS IN a
particular lie had been asleep he sali. ior FOUR
tr a,,a hours n 80. }OWcrN. before nc went up
IN the Aston home. Some worklnS"eh toId mn,
~ 20 in He went IN through the Kitchen; ana
saw the cook standing at the windoW ne hdn Jus,
,sssed He went to the top OF the house b"'au
ba ala not notice any beds until he reached the
door 10 The room OF the laundress 49,
Iosenh NJ Ouade, a turnkey IN IN" loInbs sain
mai during the ten days that Giarvey was IN ms
cmstodv he had slept all the time, except "heI
eating his meals or taking exercise. Inc case
went 10 the jury At i:2O D. m ,,. ,
".'' ..So n'clock the jury returned verdict OF
unity Of unlawfuIly entering the house OF Mrs;
,esrnline Aston" The prisoner was remainder
until Thursday for sentence.