New-York tribune., 1912-02-01
N'DERMOTT CONVICTED
Jury Disregards Confession OF
Prisoners Sister.
1ST DEGREE MANSLAUGHTER
No Perjury Prosecution for Mrs
Martin, Who Said She
Stabbed Muldoon.

James McDermott the young bellhoy or
the Belmont Hotel, was convicted Of man.
slaughter in the first degree in General
Sessions yesterday afternoon. His pretty
sister. Mrs. Theresa Martin. went into hys-
tories I'm the corridors outside the court
room when she heard the news. The jury.
which had been out nearly three hours. lad
utterly disregarded her confession that It
was She and not Jimmy" that stabbed
Charles MudoOn through the heart IN the
cafe at IenoX avenue and 18th street On
last St Patrick's Day.
He's not guilty, | tell you! He's not
guilty" the sacrificing sister walled as she
threw herself against the portly guard
while he was doing his best to keep nun
dred or more men and women from making
their way into the courtroom. She was led
away a little later by Mrs. Annie vaughn
OF no y West 18th street, her older sister.
NcDermott heard the verdict without
emotion. and hc seemed to stand more erect
after the foreman had told Judge roster
that tho iurv recommended extreme mercy.
Duriug the trial when Mrs. Martln, IN Il
reryous frenzy. was tearing her hanhker-
chicf into shreds while she strove 10 tel
the iurv that she was alone with Luldoon
wien he was stabbed and yet trying 10
testify SO that she would not incriminate
herself, her brother, with downcast eyes
eat stoon shouldered and listless reslde
Francis u. Gallatn. his counsel.
Wbon. on Tuesday afternoon, the sister,
r,dor nromise Of immunity from prosecu-
tion on any charge except that OF perjury
lfltn
or NuIdoon with a new bread knife that
she had bought for 10 cents Mcpei H'o''
with both elbows on the couhSeI 'ao''
dropped his head into his HANDS ana ~ 'u'''''
away tho perspiTation from MS loI'"ed''
The prisoner will be sentenced on MoHu"S =
The ma ximum for manslaughter In me hFst
degree is twenty years
,IrIdoon was a young Custom House IN
enector from Brooklyn who had oeeh AZ
tentivo To Mrs. Martin after she lett her
t,,sbard The two, with Mrs. Mabel NC
CIueliy. were drinking in the back room OIL
the saloon when young McDermou' urue'
tho influence Of drink. went 10 MrS
V3uCrn's home looking for Theresa an"
yov,irC vengeance on Muldoon. who' ne
,.id was responsible for theresa "ondl-
tion.
v.i,roseos testified that McDermott went
~ the saloon. drove the women out and
-.,,,iucd to quarrel with Muldoon. The
latter was found llfeless few minutes
later with stab wound in his breast
80 knife was found. and McDermott "'S
missing Theresa went on the stanh anu
told tho Jury that she came back 10 the
saloon with a bread knife and In the pres
,ncc ~ her brother. told Muiioon that ne
had ineultod their unborn child and ""uIu
never live 10 repent II. After she ha"
stabbed Muldoou. she testified she ga'"
NI,Iorr,ott SIS and told him to 90 out
West and remain until the crime for "hI'"
no youlJ be accused had been forgotten
Tn. Young man went as far as Denver
,yhcr, he was arrested in a short time In
eurport II Thcrosa's confession MIS-.
Vaughn testified that there were blood spots
on her sisters waist when she returneh
IN her apartment for the night
In charging th. jury Judge Foster re-
,or,od TO the Young woman's testimony that
she had lied In giving her statement Z"
Coroner Hollcnstein after tn" killing. lie
oek.d the Jury 10 decide whether II Was
reasonable ~ suppose that woman ot the
character and mentality of Mrs. Martih
,.,,,Id take human life for the insult she
said Nuldoon offered 10 her unborn child.
III. also asked the jurors TO decide the
truth Of her story that she had given the
defendant money TO get away In order to
divert suspicion.
Robert T. Nanlev. Assistant District At
tornev who prosecuted the case. was mad"
q FIST assistant TO District Attorney whit