New-York tribune., 1911-12-21
CITY EmpIoye Says He Was with
Prisoner in Barroom When
/: News of Murder Came In.
CHAUFFEUR THERE ALSO
Tombs Prisoner Tells Tale of
Diamonds Pal Stole - New
Witness Identifies Garvey
as Stern's Slayer.


ian street. He was Chester Maher.
s}fCeyor for the Department Cf Docks
aud Ferries Of New York City Maher
lives Al No. II Barrow street, and was
one Of Garveys intimates and a member
~ the NeChbors' Sons Club that eX-
erted some influence in 9th Ward af-
fairs. i'm which Garvey was one Of the
moving spirits
Garvey was i'm Nolan's cafe at Bank
and R}eecker streets. from s o'clock un-
iii midnight on the night of July 30 last,
Naber testified, when Jacob Jacobys
iewelrv store was robbed and his
rephew. stern, was shot dead on the
sidewalk.
To Francis L. Wellman. Garvey's chief
counsel. Maher told rapid story. With
lanes !. Heating. the alleged chauffeur
Of the mysterious taXicab who is also
under indictment for Stern's murder, n
was drinking beer in front of Nolan's
bar on the night I'm question. Garvey
WAS there and SO were half a dozen
other more or less we'll known 9th ward
CTS and Neighbors' Sons.
He remembered it was the night Of
1uIv - because that was Saturday
night. and Nolan turned them all out
promptly at l. o'clock, but principally
bscause. at about II o'clock, two. men
drifted into the bar and asked the crowd
n they had heard about the big robbery
and murder at Sixth avenue and 18Th
street.
where was Garvey when these men
announced the murder asked Mr.. Mott,
the Assistant District Attorney.
He was close beside me at the bar"
"Did the men speak i'm loud tones?'
.oThey spoke up pretty loud
"Did Garvey hear what they said?'
&C., don't know l guess So They
talked loud enough for him TO hear" re-
piled Maher
Garveys own story, repeated on the
stand Yesterday by George 5. Dougherty,
Doputv Police Commissioner, showed
that he told Detective Mckinney, who
arrested him, that he knew nothing
about the murder until he read about it
I'm the newspapers the following morn
ing.
Under Mr. NOtts cross-eXamination
Naher said over and over again that he
remembered clearly all the events of
that evening in Nolan's barroom,
who was there, and he recalled that
Garyey, who never once left the place, |
walked part way home with him just |
pfter midnight. Maher. however, could |
NOT describe eithe: of the men who told |
,be bar loungers about the great robbery |
and murder
was there any excitement when they
announced it?" asked Mr.. Mott.
Not a bit
We'll. how under heaven If there was
no excitement, can you sit there and tell
this Jury that you remc-lber all these
events ds having taken place on the
night Of July 22 when you can't recall
single incident that happened in that bar
on any night previous to or subsequent
10 July 222?"
We'll, Garvey's arrest caused great |
deaf Of excitement and
"But Garvcy wasn't arrested until Oc-
tober {. was he?'
no. but after his arrest we all got to-
gether and talked it over, and in that
way We an began TO remember about |
that night"
You knew the place those two men |
meant when they announced the news of
the murder didn't you?" asked MIR. Mott. |
"Oh. yes" replied Maher; Il knew the |
store well"
Mahcr Will 20 on the stand again to-
day
In the afternoon session. when Justice
Marcus permitted the defence's charac- !
Ter witnesses TO answer Mr.. Mott when
h. asked them if they knew Garvey had |
been convicted i'm General Sessions Of /
grand larceny and that he had been
Prosecuted subsequently in the magis- |
tiates courts for disorderly conduct,
several witnesses who had placed q high
premium ON Garyey's good reputation
acknowledged they knew Of his record.
Tombs Prisoner Testifies.
The sensational feature of the day was
the testimony of Frank Hines. alias
Harry lmcnbcrg, who came over from
Tho Tombs and testified that Dick" Bell, !
one Of his pals and notorious crook,
Lad displayed "fve enormous diamond
rings on his hand in the home of Will
iom Fitzgibbons at No. 30 West 10th
street. at go o'clock on the evening Of
July - last
Describe the appearance Of Dick
Bell asked Mr.. Welhman.
He's "a ringer for Garyey there said
Hines, pointing to the defendant He
vas excited and his eyes bulged out Of
his head We asked him where he lifted
Fbcm, and he said
II object 90 what he said cried MIR.
Eto,l
Hines was not permitted TO tell What
9Dick' Bel's answer was.
Under crOss-cXamination Hines adj
omitted that Fitzgibbon and Dick Bell
had framed him up" They allowed him
10 anguish i'm the Tombs, but Hines pro
Tested that he bore no grudge against
either Of them.
Why did Fitzgibbon write letter to
"aryey?' asked Mr.. Mott
figure it that they wanted 10 get a
sample Of his handwriting so they could
frame him up " said Hines. Hines said
i'e told his story 10 Royal H. Weller, one
81 the assistant district attorneys, and
s"elicr had told him he believed it was
FrOe. Mr.. Mott had Mr.. Weller come
Fn'o The Supreme Court room to be
identified by Hines.
Jus' before the people rested, Curtis o.
"hI''aker. manager for a commercial