The Birmingham age-herald., 1907-09-25
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 CT this Fay states that New York Harry came in. and signihed his in tention of leaving out"
 'Is the defendant here the New York Harry who was with the gang" asked the prosecuting attorney
 He is. He is the man who was with us here in Birmingham" was the reply
 During the examination of the wit ness he stated that New York Harry" came to his room about 2:30 o'clock on the afternoon before the robbery and remained there until between and o'clock. When asked about this state ment, he said that he knew positively that New York Harry" did not leave the room during that time. This point was evidently raised and emphasized by the defense in order to cross-exam- inc Detective Dodeker's statement about seeing New York Harry" in the saloon between 1 and o'clock on the afternoon before the robbery.
 oscar Simon, another state witness. stated that he had never seen Rooney until he entered the court room.
 Officer Disheroon's testimony practi- eally corresponded with that of De- tective Bodeker. He was positive about Rooney's being the man known as New York Harry"
 ]. D. Kemp, the last witness for the state, testified that he had seen Rooney on the corner of First avenue and Four teenth street on two different occasions. The state chen rested.
 Myrtle Haas on the Stand.
 The first witness for the defense was Mrs. Myrtle Haas. the wife of Frank Duncan. one Of the leaders of the famous gang She stated that she was in Chat tanooga in March, 1900, and there met New York Harry She stated that she remembered him distinctly. and testi- fled positively that Rooney was not New York Harry"
 Harry had hairip.n stated Mrs. Haas, and the growth of hair on his head was very heavy. His face was heshy. and he had big. broad shoulders. His eyes were dark blue, and he had a gold tooth in the front part of the lower jar on the left side. never saw the defendant before New York Harry would weigh lSD or l9) 10 200 pounds The scar on his lip extended dagonally across the ni1do His mustache was very light, and the gold tooth was prom inent 1 am positive that the defendant is not Harry"
 Mir. Wright, the second witness for the defense. stated that he was one of the jurors in the other trial, and lie testi- fled that Tom Fay said, in the presence of the officers, that New York Harry was much heavier man than Rooney, and that he had more of bull-dos face"
 Mir. Wright stated that Fay told the officers that Rooney was not the man.
 Pat O'Hara Describes Differences.
 The last witness Of the day was Pat OHara, who runs q saloon First avenue, between Eighteenth and Nineteen avenue, between Eighteenth and Nine teenth streets. Mr. O'fiara stated that he saw a number of the members of the Mller-Duncan gang in his saloon prior to the robbery and that members of the gang came to the place for several days after the robbery took place. He stated that he saw New York Harry several times and that ne visited the saloon after the night of the robbery.
 In discussing the resemblance of Rooney to the New York Harry" wanted MT. OHara testified:
 "The defendant Is not the man they called New York Harry. Harry was q much heavier and was more full-faeed than Rooney. He had d hairlip and the scar was very plain. New York Harry weighed about lS0 or 190 pounds.
 Rooney favors Harry q good deal. but by looking at the defendants eyes one can tell that he is not the same man. They are not sharp like Harrys. l never saw the defendant until 1 entered the court room at the other trial
 With MT. OIaras testimony concluded court adjourned until this morning at 9.30 o'clock, when the case will be re- sumed. Assistant Solicitor ]. E. Aaird is prosecuting the case. and Attorneys Davis and Gibson are defending Rooney.
 The case Is attracting considerable at tention, the court room being filled yes- terday with spectators, all of whom seemed very eager to hear the testimony.