New-York tribune., 1912-01-31
DECLARES SIZE IS SLAYER
Mrs. Martin TeStifieS That She,
Not Brother, Stabbed MuIdOon.
PERJURY, SAYS PROSECUTOR
In Summing Up Tells Jury To Be
Guided by Testimony Against
McDermott, the Defendant.

Mrs. Theresa Martin, tl'c young sister OF
James McDcrmott. who is on trial I'm Gen
efaI Sessions for stabbiug TO death Charles
Mudoon, a customs Inspector. declared on
the witness stand yesterday that it was she
and not her brother who killed MuldOOn.
Mrs Martin had astoundcd the prosecu-
tion ana Francis -. Gallatin, counsel for
the defence. on Monday by declaring on the
stand that she WAS alone with Muldoon
when he was stabbed. She was recalled
late yesterday afternoon and cross-eX-
amined by Robert f.. Manley, Assistant Dis
trict Attorney. She wept at times and was
SO nervous that she tore her handkerchief
into shrcds.
over and over again she refused to admit
that she killed MuldOCn. Yet continued to
make statements tending to show that she
was the only person who could have COM
mittod the murder She repeated her state
ment that she was not living with her nus
band, and between sobs testified that Null
doom. while sitting with her in tn" back
room of the saloon at LenoX avenue and
18th street had insultcd her unborn child.
Of which. she said. Muldoon was the father
Before Mr. Gallatiu began questioning
the witness he said:
81 ask the court 10 explain to the witness
that she may expect absolute immunity Tor
whatever testimony she may offer at this
time"
Judge Foster explained that he had al
ready done so.
THE stipulation doesn't promise I'M
munity from prosecution for perjury" in
terrupted Mr. Maney
The witness understands that also !
think" replied Judge Foster.
Mr.. Gallatin stepped around the counsels
table close to Mrs Martin.
who drove the knife into the hoart OF
Muldoon? Did you?" he asked.
The young woman hesitated few sec
onds.
YES. | did" she said slowly In low
contralto voice.
The admission caused stir throughout
the courtroom. The defendants SAFE fell
and he wiped the persniration away from
his forehead.
I'm his testimony McDermott had ad-
mittcd quarelling in the cafe with Muidoon'
charging him with being responsible Tor
his sisters condition.
Didn't you stab him." demanded Mr..
Manley.
Il cant remember" said McDcrmott Il
told YOU | had been drinking. IL was all
like a black dream. I remember getting
out OF the subway at Grand Central Sta
ton and taking "a strain. J didn't stop
until reached Denver
Mrs. Martin explained her brothers flight
by saying that she advised him to go
away and remain until the anair was for
gotten.
After questioning Mrs. Martin both sides
rested.
In summing up. Mr.. GaIlaun told the
jury that they were not concerned with
the question Of whether Mrs. Martin stabbed
Muldoon. They were to determine, he saIi,
whether beyond a reasonable doubt Mcbcr-
mott committed the murder lie spoke
often Of the great sacrifice which the de-
PENDANTS sister was making for her brother
I'm placing herself not only In the shadow
Of state prison for perjury but also IN ih"
very shadow of the electric chair.
He also pointed out that no Torson saw
the stabLing and no knife was found. ~"
declared that this peculiar fact strength
ened the declaration 81 Mrs. Martin, who
testified that she carried the knife with
her TO the saloon and aflcrward throw II
away.
Mr.. Manley. in summing mp called upon
the Jury TO disregard what he called the
pcrjured testimony Of Mrs Martin and bs
guided by the evidence.
Judge Foster Will charge the jury this
morning.