New-York tribune., 1911-12-20
TWO CARvEYS FACE COURT
Witnesses Identify Prisoner as
Man Who Shot Stern.
BROTHERS LOOK MUCH ALIKE
Mother and Sister Hear Defence
Try TO Break Down
Identification.

Martin " Gsrvey the swsrthy Young
man with the sharp black ewes, who Is
On trial before Justice Marcus in the Su-
preme Court fcr the murder Of Adolph
stern. the sixth avenue jewellers clerk
bore himself with in concealed nervous
ness Yesterday when two eyevitnesses to
,he crime went from the witness chair and
laid their hands on him as the man who
DID the shooting Just behind him sat his
mother and sister. wearing deep mourning
with thick black wells. Al the close ~ the
afternoon session Mrs Gsrvev went up and
touched her son on the arm. Garvey
turned quickly. and, seeing his mother.
kissed her Mrs Garvey didn't raise the
thick veil to receive her sons salute.
When court convened in the morning 2
Young man closely resembling Gsrvey was
sitting IN the prisoners chair beside the
prison guard. while Garvey himself sat
between the stranger and the long line
o. distinguished counsel for the defence.
The stranger had prominent black eyes.
3 prominent squiline nose. thin lips, sharp
chin and black hair like Garvey. He was
dressed the same. too. even to his necktie,
which was Of the same shade Of lavender.
II anything. however the stranger was
slightly taller and more angular
Henry Peterson. OF No 335 East 155th
street. one Of the eyewitnesses. was on
the stand. He said he was standing at the
northeast corner OF Sixth avenue and 14th
street. when he heard the crash Of glass
and saw a man in the full light Of the
.Iscoby store window reach in and take out
something from between the iron bars. He
moved across the street. and as lie ap-
preached the spot he saw the man hand
something to another man and back away
Then he saw him shoot a man who came
running out OF the store.
Us the man who did the shooting in the
courtroom" asked Mr.. Mott. the Assistant
District Attorney.
Yes. sir. There he is" said Peterson
pointing in Garvey's direction.
You mean the man sitting next 10 the
prison guard?' asked Francis l. Wellman.
chief counsel for the defence.
Go down and place your hand on the
man you said did the shooting" command
cd Mr.. Mott.
Peterson went straight 10 the second man
from the prison guard, and touched his
arm.
This is the one he said. Garyey moist
ened his lips. stirred uneasily in his chair
end shot an uneasy glance I'm the direction
OF his counsel. a slight pallor for the first
tlme crept into his face.
Michael McKeown. who works in 1lth
street department store, also identified Mar
tin W Garvey as the man who did the
shooting.
Now. may 81 appear In the record who
The man Is sitting where the defendant
should be:' asked Mr.. Mott, with show
~ feelins
It's his brother. James Garvey, your
honor" volunteered ". s. Kennedy one OF
Gsrvey's lawyers The brother. who might
cosily he mistaken At first glance for the
defendant remained sitting beside the
ruard until court adjourned, hut none of
tho cyewitnesses TO tho crime confused him
with Martin Garvev I'm their identification Of
tho man who shot Stern beneath the arc
lamp at Sixth avenue and 18th street on the
iiSht Of July 80
Detective Lieutenant Mckinney corrobor-
atcd tho testimony Of Peterson and
Michael McHcoUn, wstchman I'm a neigh
loring store. both Of whom said they had