New-York tribune., 1911-12-23
JURY ACQU|TS GARVEY
Alleged Taxi Slayer Liberated by
Judges Direction.
PROSECUTIONS CASE WEAK
Chauffeur, Indicted for Same
Crime, Will Be Tried Soon,
It Is Said.

Martin Garvey. the alleged slayer OF
Adolph Stern. the jewellers clerk. was
acquitted Yesterday by jury in the Grim
inal Branch Of the Supreme Court after
it had been directed by Justice Marcus TO
bring I'm a verdict Of not guilty. The court
said that the evidence produced by the peo-
pie was weak and unsatisfactory so far
as the Identification Of Garvey was con-
cerned"
In his reply 10 the motion TO acqlit Mr.
Mott. the Assistant District Attorney.
urged all the points In the peoples case
He brought up Garvey's first words TO the
police that he (Garvey) couldn't possibly
remember where he was on the night that
the Jacohy store was robbed and Stern
was slain. All of Garvey's companions
had sworn on the stand that Garvey was
in Nolan's saloon, at Bleecker and Bank
streets drinking with them on the night
in question. and that they all heard the
news OF the murder from two strangers
who dropped in about II o'clock for
drink
Five unlmpeached and absolutely hon
orable witnesses have identified him as the
actual murderer or that they saw him in
abb has been contradictory, and such a
one If not believed. should be taken as an
assumption of guilt on the ground that an
innocent person is not compelled to con-
cOct an alibi."
II am not overly anxious to interfere in
any case" replied Justice Marcus, but in
this instance the identification testimony,
! must say. has been weak and unsatis-
factory. and I am inclined to grant the
motion of the defendants counsel ] view
the peoples case as the best possible under
the circumstances It showed considerable
work on the part of the District Attorneys
office and the police. But | cannot see be-
vond the reasonable doubt i'm the case"
As soon as the foreman pronounced the
words mot guilty" Garvey rushed from
the bar to whore his mother, his sister and
brother were standing in the courtroom.
The two women kissed him many times
and crowd of Garvey's companions from
the Neighbors Sons Club. I'm Greenwich
Village. closed in on him Ia shake his
hand. Garvey wouldn't talk except 10
say that he was innocent and knew he
would be acquitted He thanked the jury.
Five jurymen. IT is said told Mr.. Mott
vey's aibi. and had the case been allowed
TO pass into their hands they would have
stood out for conviction. II was positive
in my own mind II the guilt Of the ac-
cused,' said Mr.. Mott The District At
torney's Office spent six weeks on the clew
duplicating Dick" Bell, whose photograph
was brought into the case by the defence,
and IT was proved to be false"
II was rumored Thursday night that the
case might be taken from the jury This
arose from the fact that District Attorney
Whitman sat beside Justice Marcus during
the afternoon session and held an earnest
conversation. From the vigorous argu-
ment raised by Mr.. Mott IT was assumed
that the District Attorney did not concur
in the opinion of Justice Marcus concern
ing the reasonable" weakness Of the peo-
pies case
The case of James J. Heating the chauf-
feur and friend of Garvey. who was in
dicted for murder as an accomplice of the
man who shot Adolph Stern at Sixth ave-
nue. and 18th street, about $3.50 o'clock on
the night Of July %, will be brought to
trial soon. District Attorney Whitman
said that the prosecution possesses certain
garded as being stronger than that against
Garvey Heating is the alleged chauffeur
Of the dark red taXicab which carried off
Sterns slayer and the man who got the
ring case from the store window
Garycys acquittal caused various COM
ments Yesterday. \ general opinion was
expressed that, although the police worked
tireessly on the mystery, il developed its
case too abruptly after the Garvey Clew
was found. The arrest was made on hear
say and among the witnesses who ident-
fed Garvey there was a serious disagree
ment as to what sort of hat Garyey
wore when they saw him break the jew
Cry store window and afterward shoot
Stern. one declared that he wore a black
derby hat. Another said he wore slouch
hat All, however. agreed that the man
had sharp eyes.