New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-06-15
CAN'T BLOCK TORT TRIAL
Attorneys Baked at Every Effort
on Behalf of Gang Man.
DEATH SENTENCE AN EXCUSE
Jurors Hear Judge Pronounce
Muehfeldt's Doom-Man Shot
Recalcitrant Witness.

The trial OF Charles Tort, the alleged
marksman Of the Jack" Sirocco gang,
who nicked big Jack" Zelig, of the "hia
Twist" gang, with bullet in front OF the
Criminal Courts Building. proceeded slowly
yesterday. The morning session was some
what delayed by the sentence OK frahi.
Muehfeldt, member Of the car Barn
gang. who, with his cousin. Big BIZ Ling
ley, shot Patrick Burns while robbing ms
saloon. Counsel for Tort wanted Judge
Malone to declare mistrial because some
OF the jurors heard Muehlfeldt sentenced
Then Jacob Eilpern, OF counsel for TortL
wanted the trial postponed, and faiiins III
that asked TO be allowed to withdra".
After Z.lig had testified the trial was fur
Their protracted by long cross-examina-
ton Of Detective Richard oliver who said
that he saw Tort fire the shots AT Heng.
divers testimony remained mistaken.
Muehlfeldt who IL only twenty-one yearS
old, was sentenced to die during the sam"
week as his cousin, Lingley-that beginning
July Is.
God grant" said Judge Malone, thai
your example may afford a solemn warning
to all young rufffans and gang members IN
this community"
Mr.. Ejlpcrin moved to have Juror with
draw because the remarks made by Judge
Malone in sentencing Muehlfeldt had been
heard by jurors listening TO the case
against Tort His motion was denied
Then he made his request TO be allowed to
withdraw from the case. That also was
denied.
There is said to be considerable friction
among TortPs fellow gang members, anc
al parently some difference OF opinion as
10 what counsel should appear in the case.
On Thursday Robert NJ. Moore appeared
for Tort to ask for a postponement. Ho
did not appear after his request was de-
MED and the defence was conducted by
Mr. Eilperin and Francis Greco. They.
too, appeared TO be anxious for delay. al
though It is said that Tort himself wants
the trial to proceed and to be confident OF
an acquittal
Tort stared yesterday at Big Jack
Zellg. the man he Is accused Of shooting.
Zelig said that the shot came from behind
and he did not see who fired it.
Didn't you look around when you hear
the first shot?" asked Frank Moss, the AS
sistant District Attorney.
NO" answered zeig, II never looked
around"
Richard Oliver the detective who arrested
Tort and on whom Mr.. Moss and his as
slstant, John VI. Minton, Jr., relied for the
strongest testimony against him. was on
the stand most OF the day.
He said that he saw the second and third
shots fired by Tort, and that when the
qap.UI fired the CfnOka Of the first was
rolling above Tortrs head. Tort he said,
threw the revolver toward the entrance OF
No. llG Centre street, where Zelg was GO
ing with his lawyer Louis Spegel. He
pressed through the crowd and arrested
Torti. one man in the crowd, he said.
hourished a pistol in his face. shouting:
you've got the wrong man" Another
! grasped the weapon, saying: Don't do It
now"
! divers cross-eXaminatIon began before
noon and was not finished until o'clock in
| the afternoon. IL was begun by Mr.. Greco
and taken up after about an hour by his
associate. From some OF the questions IT
was apparent that Torts defence will be
| that his arrest was a frame on the
part Of the police, and that he was sub
| jected TO the third degree" In an effort TO
( make him confess the crime.
Didn't you first go up TO Sheriff Foley
| Office. place a man under arrest there and
| then release him, saying IL was mistake
when he told YOU he was Al SMITH
asked Ellperin.
Il did not" answered the detective.
al" Smith was a lieutenant OF Sheriff
tom" Foley and for seven terms has been
an Assemblyman.
You saw Inspector Hughes. OF the Detec-
tive Bureau. question Tort IN the corridor
at Police Icadquarters?"
Il did"
Mr.. Eilperin stopped and spoke TO Tort
for a moment, then strengthening up sud-
denly he asked his next question.
did YOU see him kick Tort in the
stomach"
II did not" answered the detective
promptly.
Did YOU see Tort beaten with fists either
at Police Headquarters or at the Elizabeth
street police station"
Il did not" came the prompt answer.
Detective Nolan will be called on Monday
To testify that ne. too. saw Tort fire at
| Iellg.