New-York tribune., 1910-02-04
NO MURDER PROOF
DENISON STILL HELD.
arthur SMbley's Father Causes
COmmOfiOn IN Court.

Herbert Jerome Denison the magician
who was arrested in connection with the
fatal shooting of Arthur Shbley and
Robert Tomas. in Highbridge Park was
freed Yesterday from the murder charge,
but was held by Magistrate Corrigan for
fe1onfous assault on John Fredericks, who
was shot four times while crossing the rail-
road bridge at 153d street and Park avenue
The case Of felonious assault was ad-
iourned until Saturday morning. Bail was
set at $4,000
At the close of the examination, when
Magistrate Corrigan announced that there
was not enough evidence to prove that
Denison was guilty of the double murder.
Arthur Shibley, the father of ono of the
BOYS, rushed at the prisoner and denounced
him as the SLAYER OF both the lads
This action of MI Shibley Put the court
room instantly into great commotlon'
Magistrate Corrigan promptly went to the
aid of the situation by ordering the court
officers to eject Mr.. Shibley. The parents
of both the boys next were searched as
Inspector McCafferty feared they might at
tempt to shoot Denison.
The examination of Denison lasted several
hours. 1t was conducted by District At
torney Whitman, who later announced that
the case would be presented TO the grand
jury if the police offer further evidence
Abraham Levy. who conducted the de-
fence offered no objection to the eNamlna-
ton of the witnesses, and it was through
his motion that Inspector McCaherty gave
his reasons why Denison should be heId
on the murder charge. The inspector
pleaded the police case and then Joined
Mr. Whitman, Mr.. Levy and Magistrate
Corrigan in a conference which led TO the
conclusion to hold the prisoner on the
charge of felonous assault instead OF muir
der
The positive Identification of DenlSon
made by Fredericks, who said that he could
not be mistaken in his charge that Deni-
son was the man who fired four shots at
him on the night of January s, was ac-
cepted by the lawyer for the defence after
he had subjected Fredericks to cross
examination. Then it was brought out that
two detectives were less than two blocks
from the scene of the shooting, but were
unable to hear the shots because OF the
railroad traffic at the time.
Mrs. Catherine Denison, mother of the
prisoner, was not called to the witness
stand to repeat the alibi which she said
she would offer. Mr.. Levy did not call
Miss Derison, the prisoners aunt, VINO was
regarded as one OF the principal witnesses
for the defence: Mr.. Levy told the court
that he had no desire to clear Denison if
he were guilty of the Highbridge murders,
but that he did not believe the police should
be relieved of further responsibility In the
cause unless they had arrested the guilty
man Mr.. Whitman said that he agreed
with the defence on this point, and 1t was
finally decided to hold the man on the
complaint made by Fredericks,
Among the witnesses called by the Dis
trict Attorney was James Mccormick, of
Westport, Conn, who said that he had seen
Denison shooting ct target This was
corroborated by the prisoner, who, after ne
had heard the testimony, told Mr.. Whitman
that he used revolver three years ago
A doctor from the same town said that
Denison had homicidal mania The
principal witness was Inspector McCafferty.