New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-02-28
4 SURPRISE ~ COURT.
CONFLICTING TESTIMONY IN THE TRIAL.
OF THE" ALIENS BROTHER
MARKS or 4 JIMMY TT Is SAID. APPEARED on A
DOOR ONLY AFTER THE PRISONERS ARREST
HE nREAKs pOwX oN TIE STAND
TILT WITH LAWYER.

Till VIM \ Law i'-'
Columbus Go,,srhak. the lawyer. caused some
thing of a sensation 10 the County Court yesterday
during the ,rlal Of Martin Allen for attempt 10
cofnmi, burglary IN the thiri degree. Goitschaik
t. Aliens council Martin IS q brother Of the no
torlou- The" Allen. and ha- ,ong criminal rec
ord Under the Indictment on which he II now being
tried he - presented habtual criminal, anu
(, be- be convicted. his term % imprisonment VIII
,. a long one The charge now made against him
. thlt o.. ATTEMPTED t. break into the house az No
IT, - James Place lie gave the name OF John Is
coles when BE- was taken 10 the police station when
b. was searched several implements which the
police say are used "a burglars tools were fouho
Ia hls possession When Allen waH called 10 the
stand ne admitted that his record had been bad
one auI tina, b. had been In prison many times
since he 49,. last arrested IN 1870 however. he said
o.. had been irving to lead homes, lIfe. and had
found :; hari - do so and make living While
he testified he seemed unable 10 restrain his ferI
.rgs ana broke down almost into tears lie denied
that ne had had any intention Of rohoing the house
In St James Place. He thought that a man lived
there who would be likely 70 be wiling to invest
something in backing water bicycle which he
had invented When he wen. into the basement II
was with the most innocent intentions In the world
lie knew nothing AZ all about the jimmy "li0"
was found there the next day.
\ carpenter AMI plumber testified mat az the
reque,, OF Mr Gottschalk they had examined the
/ rested anl they found marks OF II Jimmy as
teetlaeI 10 by the Witnesses for the prosecution
But when they went there about week later the
marks were plain TO bc seen. This testimony Gre
aiel "A conslderaOa stir In the courtroom. and Dis
irict-Attorney Backus cross examined the witnesses
sharply but was unable 10 shake ihelr story.
Then Mr. Gottschak himself went on the stand
He said that he also had examined the door on
Jauuar, 3 last ana. although he looked carefully
he could nnl marks of Jimmy. Neither the
lamb the edge OF The door was marred When
he went 70 the house about week later. however
be- marhs plainly. and they ookel az though
they might have made by a Jimmy They
were certainly not there upon his nrst exam.na-
ton
'Do YOU think" asked District-A,torney Backus
In cross-examnaiion that It Is part OF your duty
to your client TO deceive meY'
Certainly not" replied Mr.. GottschalE
''You tried to get Allen released writ Of
habeas corpus in the Supreme Court dd YOU not!
continued MIR Backus.
Yes sir He ougnt to have been released too
Strike that out said Judge Hurd. "Conhne
yourself TO proper testimony, Mr.. Gottschnlk
DO YOU think It Is a part OF your duty to critl-
else a Judge OF the Supreme Court?" asked Mr..
Backus.
Mr. Gottschalk hesitated, but finally he replied
that he did not think that was a part OF MS duty
When Allen was brought up on the writ OF
habeas corpus did you not say tina; you knew him
to De a man OF honorable family
II don't think the word honorable was used al all
/ think | said ne belonged to a good family
'When did YOU learn who your client vast
About the time Of the habeas corpus.
Was IT not the Rev Mr.. Law. the chaplain OF the
Tombs who gave you the HrS' iii a'o' ~" """
on the subject?' 49,
II don't know that II was .. . A.,
go1 ' cb,aracter Of Allen and then did not the
mins,er Tell YOU and me at the same time who the
prlsoner was and did not both you ana ne ask me
no, - make The fact known to the Court?
II don't remember. 49,. o.. -. 49,. r,,
q, NE door when you made your first examina-
tionY' A,,,. Lo, Mr.
"Do van want me to be emphaticT' asked MT
Gottschalk waving his hands. v,,.,. 4.
oyes - vou want TO be- replied the District-At-
torney -. ,,.o ..s aura q.
there is a God in heaven there were no MARKS OH
that door when made my hrst examinatioh'
THAT IL ALL" said Mr.. Backus
The case went to the jury at $50