Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-01-05

His Counsel Claims THAT the Verdict
WINS Wrong.

New York, Jan. i.--Like Banquo's
ghost, James Garvoy. now better
known as 1.-THE Aston tramp" will not
down.
Although he has been convicted and
was sentenced last week by Judge
Fitzgerald, of the court of general ses-
sions. to one year Imprisonment in the
penitentiary, he to-day made another
final effort for release
His lawyer, ex-Judgn George NJ. Cur
tbs, made a motion before Justice Pat
terson In the supreme court at II o'clock
to-day for a stay Of proceedings and a
certificate OF reasonable doubt
Carney was not in court. but re-
mained in the Tombs, where I saw him
at noon to-day. He would say nothing
in regard to the case and seemed in
fact TO know nothing at all about Il.
He was sleeping soundly when | called
and wore stupid look when awakened.
'See my lawyer" Is all he would say,
and then he turned over on his side and
went TO sleep again.
Assistant District Attorney Lindsey
appeared for the prosecution IN de-
fence of the sentence which Garvey's
friends are trying to have revoked.
None OF the AstOr family was present
"a; the trial.
The court room was crowded to the
doors when ex-Judge Curtis rose TO
DltAu
There was not the slightest reason
or precedent for the unheard-of action
OF the court in changing It's verdict
after 1t had been filed and the jury
dismissed" began Mr.. Curtis. 1.-THE
court took away the first count of the
indictment, though no testimony was
offered that the appellant had stolen,
apprehended or taken away anything
in the Aston dwelling. Tnere was n
ft, ha 4t.1i .,f
offence. The verdict Of the jury simply
declared Carney guilty of unlawfully
entering a dwelling, which Is merely
a misdemeanor.
Nine OF the Jurymen have made am
davits TO the effect that they merely
intended to convict him OF the misde-
mcanor OF entering the dwelling unlaw-
fully, and that Judge Fitzgerald, after
dismissing the jury, had instructed his
clerk to amend the verdict by adding
the new element of crime in these
words, with intention to commit crime
therein. This makes the indictment
criminal and subjects Carney to pun
ishment as a criminal.
such a correction is n fragrant error
ard should not be allowed to stand.
The original verdict subjected defend
ant to no punishment other than his
fine, but as amended, accuses him of n
crime. But, aside from this, even the
original ved,dict is wrong, as it does
cot specify what building was enter
I'd"
WAS the verdict changed while the
jury was presont?" asked Justice Pat
tcrson.
mo. sir" replied Mr. Curtis. mot
until two days after the jury had been
dismissed
we conoede," interrupted Assistant
District Attorney Lindsey. "that the
courts action in changing verdict was
irregular and without authority"
"The afTldavits Of a jury cannot I'm
peach their verdict" said Justice Pat
Jerson.
Then Mr.. Lindsey made long argu-
ment dealing in legal technicaaities
and arguing law on the subject why
the verdict ghouIh hold.
Mr.. Curtis commended that his client
had been twice in jeopardy for the same
offence, Justice Voorhees, fined Car
vey IS or days and the fine was paid
therefore he had already paid for his
offence.
Justice Patterson took the voluml.
nous papers and reserved his decision