New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-10-14
SEEK ALIBI FOR monk"
Defence Says He and Bro7cn We're
at Gomez at Time of assault

r7r.ehosa Y ! oct ls-The trial OF David La
mar Bernard Smith. Monk Eastman and Joseph
Brown for conspiracy TO assault and assauiting
James Mcmahon. Lamar's former coachman, was
resumed this morning. The jury had been care
fully guarded throughout the night They had TO
sleep in chairs. Judge Heisley gave a stern warn
ing yesterday against any attempt TO tamper with
the 3ur,- Among those in court to-day were sew
eral Young men said 10 belong TO the Eastman
gang in New-york. AS a precaution. in view Of
their presence. few extra deputies have been put
on guard.
Edmund wilson counsel for Lamar. admitted
that Lamar had obtained bail for Eastman ana
Brown
when Michael Donahue's name was called there
was no response. Prosecutor Foster said the man
had been released under SSce bah and that he hau
LEFT the state The court then demanded that the
han be forfeited McMahons lawyer had been
b,rssr,an for nonahue William Magann. who
drives a hack Long Branch. said that on 'he
morning OF july g the day Of the assault. and sooh
after IL occurred. he drove two men. one hesTo'
who said he was Herbert Thompson. from Long
Branch TO Oceanport. He drove them through
hack road at their request The Prosecutor said he
expected TO show that Thompson at oceanport
called up Lamar on the telephone and Informed MIN
that ''the trick had been turned" Detective ser
geant John T. Kelly. OF New-Nork testified that at
1890 a m. on July he Lamar and Herbert
Thompson near Pier 6. North River. At l2:45 he
Lamar. Thompson, Eastman and three other
members OF the Eastman gang drinking in sa-
loon. Lamar. he declared. said 10 llfn- JUST
happened 10 see these fellows down here. l would
not ike it 10 get in the newspapers
CSustaye Schlen, a bartender in a hotel on Broad
way Long Branch testified that on the morning OF
July Bernard Smith. Dunphy. coachman for
Lamar. and two Others were in the barroom OF the
hotel. drinking. for half noUr. Then they went
away. and very soon afterward he heard McMahon
shouting for help. He said the four men had Time,
II they ran TO reach the place where the assault
occurred. He out and saw two men IN "A car
riage and third man trying 20 jump into II. Al
were too Tar away Tor MN 70 I'CSsl.l1e llell ".
=. Hooper testified that he saw Eastman roaming
around Long Branch d cay or two before the as
sault He did not the assault on Mcmahon. but
Dunphy said that on July he and another man
hrother-in-laN Mr. Lamar. he declared had sent
him 10 tell Mcmahon thai some OF his Lamar -
O.amar) that he feared Mcmahon was in peril and
he would not he responsible for ANYTHING that hap
pened He Old not know whether his COMPANION
was named Thompson tie said ne saw McAahon
and delivered LanaTs message. Mrs Lamar later
laaoe motion that some interpreted as cautioning
Dunphy not 10 say too much The court said
sharply that the witness must reply questions
without outside assistance.
A Nev-York man named IIoyt testified that Her
bert Thompson had tried TO induce him 10 assault
Mcmahon The court ordered this testimony
stricken out. The case for the State then closed.
b. woUl6 show that Eastman and 81 own were at
Long Branch because Mrs. Lamar had been
noyed by people there. and that the two men had
been employed 10 guard the Lamar mouse on the
RumsOn Road; that Mr.. Lamar discharged them on
July 6: that Thompson afterward tried to induce
Eastman 10 assault Mcmahon. nut that Eastman
ard Brown We're AT Couey Island when the assault
was committed. having registered there at the
American Hotel.
fed that while Eastman and Brown were under
arrest Mcmahon visited his stable and said he
would make Lamar and the others pay dearly for
the attack upon him.
An Adjournment was taken Until tomorrow.