Waterbury evening Democrat., 1894-11-23
'AST0R AND THE TRAMP
Garvey, Who Took a Nap In a
 Mansion, Again Tn Court.
A LAWYER COULD NOT SAVE HIM.

\ After Being Once Fined For Invading the Mnlionaire's House He Is Rearrested and
 Bail Fixed at 1000.
 NEW YORK, Nov. a3.-John Garvey | the tramp who looks upon himself as O living illustration of the tyranny of wealth. again related in court how he | happened to call at Mrs. William Astor' s and to so far forget the rules of fashion able etiquette as to go up stairs and go to bed His explanations and his counsel 6 pleading availed him not, for Justice Ho- | gan committed him for trial. John Ja- | cob Astor was not in court, but a largo array of his mothers servants were there to testify.
 A man named Wolf who says he keeps | a shooting gallery on the Bowery, turned | up before the examination and told Law yer Stayton, who appeared for Garvey, thnt he knew all about the tramp. He had employed him in his gallery and had | to let him go because he showed signs of being a little on in his head. He | thought Garvey was mentally irresponsi- ble. Lawyer Stayton said he agreed with him to some extent
 There were five witnesses against him Thomas A. Hade Mrs. Astor's butler John Brennan, footman; Johanna Best. maid; Jane Dougherty, laundress, and James B. Teedson. night watchman. As sistant District Attorney Miller appeared for the prosecution. The testimony was the same as that already given. Hade told how Garvey had been seen around the place at four different times. and twice the butler kicked him out of the house.
 GarSey shows Intelligence.
 
 fense. That was Garvey. He was a big surprise even to his own counsel. He proved himself to be a shrewd, quick wit ted, clear headed thinker. Even under the searching cross examination conduct ed by the justice he preserved the calmest kind of demeanor. Whom a question was forthcoming which he ought not to an swer, he simply said, II can't exactly say, sir
 He told how he came to enter the house Some ono on the outside told him to go in and sleep, and he did so. He went up at 6 o'clock. found all the doors and the outside gate open and walked right up to the room. This was the only room he went into. He said he sat down for awhile before he went to bed. and then he didn't know anything until the po- liceman walked him up and asked how he came there. He thought the people that
  ing on the railroad tracks in front of the house. He had lived three weeks in the lodging house at 96 Bowery. Ho had paid his board each night. He told a clear straightforward story of his life, which, his lawyer afterward said. was in accord ance with the facts he had unearthed in regard to him.
 Held For Trial.
 Lawyer Stayton, in summing up. asked for a dismissal of the case on two grounds first, because no intention to commit Q felony had been shown; second. because 1t had been affirmed that the state had no right to try a man for one offense after trying him on another when tho intents were the same He contended that If Gar vey had gone into the house with the in tention of trespassing in going to sleep he could not, in the eyes of the law, havo gone in with the intention of committing a theft.
 Justice Hogan denied the motion. Then he went into a long winded explanation of how he came to entertain the com plaint. He referred to remarks which had been made and printed about ''one justice for the rich and one for the poor, :" and denied that he had allowed the mat ter of wealth to havo any effect on his treatment Of the case. He rather criticis- cd the lawyer for having paid the man s fine.
 Lawyer Stayton said that he was sorry the justice felt it necessary to make n de- fense of his action. The justice retorted angrily. and said he blushed for those who had paid the fine Bail was fixed at Sl, GOO