New-York tribune., 1912-01-30
WOMAN HINTS THAT SHE,
NOT BROTHER, IS SLAYER
Her Testimony UpsetS the Trial
of MCDermott for Murder
of Customs Inspector.
REFUSES TO GIVE DETAILS
Might Incriminate Me, She
Declares-Tells Of Seeking
Muldoon with Sharp
Bread Knife.

Mrs. Theresa Martin, twenty-five years
old. a pretty Irish matron. upset the
,rio, of her brother. James McDermott'
Yesterday in General Sessions by telllhs
a story that made her practcaly the
elf-confessed slayer of Charles }. Null
doon q Custom House inspector who
WAS stabbed in a cafe at LenoX avenue
and 113th street on st. Patricks Day
evening last year. McDermott was ar
r.st.d FOR the crime in Denver soon after
the killing.
Robert f. Manley and James +. NC
Donald. Assistant District Attorneys
had rested the peoples case when fran
els D. Gallatin. counsel for the defence'
asked Judge Foster for a hriet recess
during which he held whispered CON
versation with the court. The trial was
resumed with Mrs. Martin. pale and ner-
vous. being sworn by Clerk Spinney.
~ met Muldoon in Shea's cafe on the
night Of the murder" she said. ! was
NOT living with my husband and had
been keeping company with this man
We ouarrelled. Why? Because Nd
spoke insultingly about my unborn
child | said to him that father
should never live who would speak Of
his unborn child like that. Then | left
him and stole out TO the home Of my SIS
ter. Mrs Patrick Vaughn, at No. %
West 10Th street. ] came back with =
sharp bread knife that I smuggled from
the nant-y. When | faced Muldoon my
brother was not there
what did you do with the knife?
asked NJ. Manley.
II will never tell" cried the witness.
tueging furiously at her long gloves
Judge Foster commanded the woman to
answer the question. She remained ST.
lent
Don't you know that you arc In CON
temrt Of court? said Mr.. Manley.
"III never tell. because I'm not Obliged
to incriminate myself" the witness re-
Piled. The cross-examination Of Mrs.
Martin will 60 on to-day.
The evidence against MCDermott Is
circumstantial Witnesses have testified
that the defendant went 10 Mrs.
Vaughn's home on the night Of the crime
and asked for Mrs. Martin. who lived
then at No. i23 West 4jth street. lie
had been drinking heavily and was an
CRY when he was told that his sister had
gone TO Shea's cafe. He swore that she
was there to meet Muldoon and vowed
that he would break up their intimacy.
Miss Katherine Mooney, "A friend of
Mrs Martin, suspected trouble, and,
avoiding McDermott, crcpt out Of the
house and ran to the cafe to warn her
friend. McDermott followed on her
heels and found Muldoon and Mrs. Mar
tin together. Witnesses testified that
Mrs Martin left the place after she had
been twice ordered to do so by Nc
Dermott. The room was emptied by all
except Muldoon and McDermott. Short 20
ly after MuldoOn was found bleeding
from mortal knife wound in his back.
McDermott was missing.
on his return from Denver MCDermot.
made a statement in which he said h.
might have stuck" Muldoon while he,
McDermott. was intoxicated. Mrs Mar
tin said before Coroner Hellenstein that
she had left Mudoon before he was
stabbed.
Were you telling the truth to the Cor
oner?" asked Mr.. Manley.
II lied to Coroner Hellenstein," she re-
piled. Mr.. Manley asked her why
Il was not under oath then. Now
am sworn to tell the truth and am tell
ing the truth" she said. Mrs. Martin
has followed her brothers trial since its
inception last Friday morning.