New-York tribune., 1911-12-22
GARVEYS DEFENCE IN
Prisoner Not Called to Stand in
Taxi Murder Trial.
MORE ALIBI WITNESSES
Patrolman to Testify To-day to
Offset Statements of "Club
Members.

Martin Garyev. the young man with 'ne
,or,oue manning eyess," did not take 'ne
.,srd YESTERDAY al his trial in the Supreme
,.o,,., for the murder Of Adolph stern 'he
c;y,b svcnue jewellers clerk. His counsel
corten, with the testimony of half a dozen
o, ,,oro aIibi witnesses. rested thelr case
late i'm the afternoon.
,s,.- NJ Mott the Assistant District At
.,,re, had nut three or four witnesses Oh
d, rcb,ftal 10 the alibi. nc requested JUS
Co. >iarcDs for permission 10 introduce a
rou witness this morning. This was a sur
,rise IN Francis H. Wcllman, CHIEF couuse'
for Garvey ,so,,
The witness will he Patroman Breloeh-
bach of the charles street station. Breloeh-
lacb who saws he knows GarveN better i
ANYTHING than he knows other members ol
the "Neighbors' Sons Club of Abingdon
SQUARE. will testify it IS said that on tne
night Of July D. when the JacohN jeWery
e,ore at Sixth avenue and 18th street. was
rohbed and Stern shot down. he saw Maiuh
,;arvev near the corner of Hudson and L'-
roy streets at about $50 or 10 o'clock. The
robherv and murder occurred about $50
Breidenbach's testimony will he in Eebut-
tai Of Garveys albi, which. according "
tho testimony Of members OF the Neigh
bor's Sons CluH' and his friends In Green
vich Village. indicated that Garvey was III
front OF the bar at Nolans cafe, Bank ana
Rleecker streets, on the night in question:
from S o'clock undil midnight.
The prosecution succeeded I'm weakening
the alibi as regards the time of night that
certain things took place i'm the saloon put
all the witnesses stuck to their story tild'
Garvey didn't stir out of the place unu' "e
left IL to 20 home at midnight.
The spot where Breidenbach says he sa"
Garvey about 10 O'Clock IS close 10 the cor
ner where Mrs May Gore, OF Bedford
street saw two men alCht from oaIh
red taxicab and drop a white ceHuloid ring
tray in the gutter on direct examination
Mrs. Gore. who was unmarried at that uihe'
testified that neither of the men VINO sot
out Of the taxicab rcsembled Martin Car
vey. To Mr. Motifs questions she teStlhed
that the spot where the jewel tray was
dropped was far from an arc lamp ana
rs the street was only lighted ny gas ana
she was standing on the opposite Sidewalk
She really couldn't he sure that one OF the
men wasn't Garvey. The tray was dropped
at Barrow and Greenwich streets before lo
O'Clock. and has been identified by Mr. JAG
obv as the trav that was missing from his
show window after the crime.
The defence has sought AT every point to
break down the identification evidence of
the prosecution. 1t has tried TO dscredit
every witness who at the request of the
police. picked Garvey out, after his arrest,
as the man whom they saw back away
from Jacobys broken show window and
shoot Stern. who ran out of the store TO
catch the thief
Harry WoodCock, a prisoner i'm the Tomhs
awaiting trial for larceny. testified Nester-
day afternoon that he was one of the
horseshoe row of prisoners lined up for
the identification of Garvey by James Bru-
Icy. one of the prosecutions witnesses. He
sand that Detective Mckinney, who brought
t.e witness I'm to pick Garvev from the line
.ood about four feet behind Garvey when
Erey identified Garvey and that, as the
prisoners were led back To their cells he,
Wooicock remarked that it wasn't fair.
ON cross-cXamnstion. Woodcock insisted
that me- had never talked privately with
Garvev about McKinneys standing back OF
him in the line. although Woodcock ad-
mitted ne occupied the cell next to Garvey
for several weeks In rebuttal. Detective
Mckinney denied that he stXd behind Gar
vey Such conduct he said. Wasn't allowed
10y the warden of the Tombs
John Carpenter was one Of Garveys alibi
witnesses who said on the night of the
crime he stood in front of Nolan's bar for
four hours, without sitting down.
How many drinks did you have" asked
Mr Mott.
About twenty"
Beer or whiskey?'
Celery tonic. sir
Justice Marcus brought his gavel down
with bang.
Everybody knew that Jim Heating. who
is now under arrest as the driver of the
taNicab. was chauffeur. didn't they?"
asked Mr. Aott
Yes, sir said Carpenter
WAS he i'm the saloon all this time"
lie was