The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-02-08
Judge Greene Thought State
Witnesses Could be Believed
PRISONER IS IDENTIFIED
Court Room Crowded When Rabeas
Corpus Proceedings of New York
Harry" Are Commenced-Evi
dence In the Hearing.

prisoner was remanded to the county Jail
to await trial by jury upon the ndlct-
ment held against Harry Dowd alias
New York Harry alias Denver Har-
ry"
After the Witnesses had been examined
and the arguments made. Judge Greene
wrote the order upon the court docket.
Then he announced that the only ques-
ton for him to decide was whether or not
there were reasonable grounds for belief
that the prisoner is the man named in
the Indictment.
THE court is called upon to decide
only if there has been robbery commit
ted and if the prisoner is the man named
in the Indictment relative to that rob
berry. There were four witnesses offered
by the state and they told their stories
in straightforward and unequivocal
manner. There were three witnesses for
the petitioner Certainly the witnesses
for the state were just as reliable as
We're the witnesses for the petitioner and
certainly they had as much opportunity
to meet and to know the prisoner.
"The witnesses for the state positively
identified the prisoner. but the witnesses
whether or not the prisoner IS New York
Harry. The facts are for a jury to de-
1iberate upon and decide The prisoner
will be remanded to the custody of tho
sheriff until he Is summoned into court
to stand trial before a jury"
Court Room Crowded.
The proceedings were held in the room
of the second division of the city court,
and the place was crowded with specta-
tors There was some delay in beginning
the hearing because of the absence of
some of the Witnesses for the state and
the hardness of others,
The spectators appeared to be anxious
to get a glimpse of Rooney and also of
Frank Edwards alias Frank Hahan and
Tom Fahey, both serving time in the
Pratt mines for taking part in the crime
charged against Rooney.
Assistant Solicitor Edmund c. Wins
ton acted for the state and Attorneys w.
e. Gibson and Ben Davis represented the
prisoner
Solicitor Winston announced that the
defense would have to bear the burden
and that it would have to show that the
prisoner was not the man wanted on the
Indictment This the defense denied. The
court understood that a plea of missioner
was entered and the witnesses were sworn
and placed under the rule.
The petitioners attorneys asked that
Frank Edwards be sworn and placed UNI
der the rule. This was done by order of
the court.
MYRTLE Allen was called by the petition
err She is an occupant of Marie Mar
tins house on Twentieth street and lived
In Birmingham in March. 1900
The solicitor Interrupted TO call the at
tention of the court TO certain allega-
tons in the petition, and he read the al
legations.
The Indictment was offered as evidence
an the petitioner objected. The court
overruled the objection. 1t was agreed
that the commission of the crime would
not be considered. the hearing being for
purposes of Identification only.
The examination of the witness was
continued.
She said she had seen members of the
Miller-Duncan gang before the robbery.
She saw Rooney at the jail last Saturday
with Solicitor Hef1in and Mr.. Williams.
She could not recognize him as new
York Harry" and described New York
Harry" as a heavy. chunky man, with
thick. heavy lips and a scar on the upper
lin She conversed with New York 1ar-
rv.v and could not identify the prisoner
as New York Harry"
To the solicitor she said she met eight
members of the gang; said they came in
about 10 or II O'Clock the night before
the robbery and she could not say
whether or not she could identify all the
men.
In rebuttal she said there was nothing
70 occur which Impressed upon her mem
Dry the features of New York Harry"
Edwards Testifes.
Frank Edwards was then summoned.
The handouts were taken off and he was
sworn.
He testified that he was in Birmingham
in March. 1900 did not know New York
Harry" but was introduced to him and
remained with him two hours or more
the night before the robbery; never saw
Rooney before last Saturday; never saw
Rooney before and could not Identify him
as New York Harry
The witness was reticent. He could not
go back more than six years he said, to
remember If New York Harry had
scar on his lip.
To the state. he said that the night
before the robbery he had gone to his
room to sleep being very drunk. Then
Frank Miller and New York Harry
went to his room and woke him up, and
they all went out and had some more
drinks.
was New York Harry present when
the Standard Oil company's safe was
robbed?" asked the solicitor.
II pleaded not guilty to that robbery"
answered the witness
The witness said 10 the court that he
did not know how he stood. The court
said he could answer freely without dan
ger of receiving further punishment, and
the witness then said that New York
Harry was present, but that witness was
still drunk and could not identify Rooney
as New York Harry.
Mouth Similar.
Patrick O'Hear testified that he oper-
ated a saloon on the Southsde i'm March.
1900, and had many opportunities to see
the members of the gang. He saw one
man who was known as New York Har-
ry." He said he had a faint recollection
of New York Harry" The state object
&c TO refreshing the memory of the wit
ness, and the witness then said that
Rooney favors the prisoner around the
eyebrows, but about the and mouth
he did not.
New York Harry and "Sheeny Bugs
had a fight in his saloon. he said. The
prisoner is not near as big a man as the
man who had the fight with "Sheeny
Bugs" He said New York Harry had
a bare place on the middle of his upper
lip.
TO the state the witness said the first
time he met New York Harry was
the day the safe was robbed. Harry
and ''Sheeny Bugs" had fight and wit
ness kept New York Harry from kill
tro ssShepOv Rugs Tho Iattar had a MIS-