New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-08
GARCEY. THE TRAMP, IN COCRE
THE JUDGE SAYS HE WAS GUILTY OF MORE THAN
DIsORDERLY CONDUCT WHEN HE EN-
TERED MRS AsTORs HOUSE

Many persons who looked II they might be
friends OF John Garvey. the Aston tramp. surged
around the entrance OF Part III OF General sessions
AZ II A. m Yesterday William H. Stayton appeared
before Judge Fitzgerald early and said that Garvey
had been living in the Tombs Prison on food fur
nished by a woman who had taken compassion on
him Mr. S;ayton declined TO give the name OF the
woman or 10 SAY who had retained him for the de-
fence OF Garvey.
1--WE shall make the plea that my client has al
ready been punished for the offence alleged and that
h.. cannot be punished twice. said Mr. Stayton
Il also have the impression that ne Is not respo"so'e
for all his actions"
Mr. Stavton said that when Carney was asked by
him II he desired 10 be bailed out when remanded
TO the Tombs. he responded that as 1t was raining
AT the time he preferred remain in jail as he mad
no home to which 10 go.
II was within a few minutes OF noon when Garvey
was called to the bar and there was noticeable
stir In the courtroom. The tury-box was cleared by
order OF the Court. and the work OF getting jury
WAS begun Lawyer Stayton introduced the COM
plant and commitment papers on when CiarVey was
fined s. on the charge of dsorderly conduct. They
were accepted by Assistant District-Attorney Mac
dona and marked as exhibits Garvey was then
formally Identified
This Is simply an issue OF law. said Judge fltZ-
gerald as he took up the indictment and scanned
f. The prisoner was sentenced on the charge OF
dsorderly conduct. but the Indictment Is TOT ouis
larry I'm the second degree The records OF his trial
and conviction on the charge of disorderly conduct
have been presented. | will now read you the den-
milton of the crime of dsordery conduct, as given
in the laws of 1882. commonly called the Charter
Judge FITZGERALD then read the various offences
which are classed the head Of disorderly con-
duct.
This Indictment" said the Judge. charges mat
the prisoner broke into the residence OF Mrs caro-
line Aston with intent 10 commit the crime OF
larceny when there were people In the house THIS
constitutes burglary in the second degree here IL
the question II the fact charged In the indictment
could be tried under the former proceedings and
would tend to establish that disorderly conduct only
had been committed then the plea would be a good
on But IL be claimed In TINS case tildl
the residence OF Mrs. Caroline Astor was a pupilc
place a public thoroughfare. as deined Dy the
section OF disorderly conduct breaking INTO d
strued a. such. | direct the jury to find verdict
for the people, and the members OF the jury Will
accept this ruling OF the Court .
Several OF the jurors looked astonished MI
Stayton then moved for immediate trial on the
Indictment but Mr. Macedonia told the Court that
had considered that the argument "ouiu ps d io"s
morning at II o'clock. Mr.. Stayton said ne mad
through courtesy The Judge said the testimony OF
the witness could be taken. and then sworn to, then
produced I'm court as II the witness were present
himself The witnesses were then excused.
The witness from New-Jersey Is Isaac Tayor, Il
tea dealer at No IS Grove-st.. Jersey city. Garvey
worked for Taylor six months ago. Garvey was
good clerk he said, but during part of the time
Ciarvey seemed to be out OF his head