Evening journal., 1894-11-23
.ASTOR AND THE TRAMP
Garvey, Who Took a Nap In
Mansion, Again In Court.
A LAWYER COULD NOT SAVE HIM.

After Being Once Fined ForJnvading the
Mnionaires House Fl Is Rearrested and
Held For TriaI--A Tramp. but No Fool.
Bail Fixed at 81 ,O9O.
New YORK, Nov. 23-John Garvoy,
the tramp who looks upon himself as q
living illustration of the tyranny of
wealth, again related in court how he
happened to call at Mrs William Astors
and to so far forgot the rules of fashion
able etiquette as to 60 up stairn and go to
bed His explanations and his oounsels 8
pleading availed him not for Justice Ho-
gan committed him for trial John ia
cob Astor was not in court, but large
array of his mothers servants were thero
to testify.
A man named Wolf, who says he keeps
a shooting gallery on . be Bowery, turned
mp before the examinat ion and told Law
yer Stayton, who nppe ared for Garvey,
that he knew all about the tramp He
had employed him in his gallery and had
to let him 20 because no showed signs of
being q little "on' in his head He
thought Garvoy was mentally irresponsi-
BILE Lawyer Stayton said no agreed with
him to some extent.
There were five witnosIes against him
-1nOinuh a. lduui AuHns Hshboi DuLloTi
John Brennan, footman; Johanna Best,
maid; Jano Dougherty. laundress, and
james b. Teedson. night watchman. As
slstant District Attorney Miller appeared
for the prosecution. Tho testimony was
tho same as that already fIiven. Hade
told how Garvey had been seen around
tho place at four different times, and
twice the butler kicked him out Of the
house.
Garvey Shows Intellig ence.
There was only one witness for the de-
fense. That was Garvey. He was big
surprise even TO his own counsel He
proved himself to be a shrowd, quick wit
ted clear headed thinker. Even under
the searching cross exai inination conduct
cd by the justice ho pre- served the calmest
kind of demeanor. VIII on a question was
forthcoming which he ought not to an
swer he simply said, 81 can't exactly
say, sir.
IIo told how he came to entor the house
Some one on the outside told him to 20
in and sleep, and he did so. He went up
at 8 O'Clock. found all the doors and the
outside cato open and walked right up
60 the room. This was the only room no
went into. He said he sat down for
awhile before he won't to bed, and thon
liceman walked him up and asked how he
came there. lie thought the people that
told him to go in and go to bod were work
ing on the railroad tracks In front of the
house. He had lived three weeks in the
lodging house at 06 Bowory. He had paid
his board each night. He told clear.
straightforward story of his life, which,
his lawyer afterward said, was in accord
ancs with the facts he had unearthed in
regard to him.
Held For Trial.
Lawyer Stayton, in summing up, asked
for n dismissal Of the case on two grounds
first, because no intention TO commit a
felony had been shown; second because
it had been affirmed that the state had no
right TO try a man for one offense after
trying him on another when the intents
were the same. He oontended that II Gar
vey had gone into the house with the in
tention Of trespassing in going to sleep
no could not, In the eyes Of the law, have
gone in with the intention of committing
theft.
Justice Hogan denied the motion. Then
he went into long winded explanation
of how no camo to entertain the COM
plant. Ho referred TO remarks which
had been made and printed about ''one
luatlco lof tho ilcu anu ono loE bue poor
and denied that he had allowed the mat
ter Of wealth TO have any effect on his
treatment Of the case. He rather oriticis-
cd the lawyer for having paid the man 8
fine.
Lawyer Stayton said that he was sorry
the justice felt It necessary to make a de-
fense of his action. The justice retorted
angrily. and said he blushed for those
who had paid the hne Bail was fixed at
81, 000