The Birmingham age-herald., 1914-01-29
"NEW YORK HARRY"
CASE WILL LIKELY GO
TO THE JURY TODAY
Continued from Page Ftve)

from the penitentiary in Connecticut,
testified strongly against the defend
ant. stating that he met him % years
ago and that he was then known as
New York Harry and that later he
saw him in prison in North Carolina
and that Petit had admitted his
guilt. O'Donnell admitted he was
brought to Birmingham to testify,
through the efforts of Postoffice In
spector Gregory and that he had Sc
cured a pardon through government Of
ficials.
George Barton. a federal prisoner now
held in the county jail at Mobile, knew
the prisoner as New York Harry and
that he had made several confessions
to him of the murder of the two police
men in Birmingham, and that he had
made the same confession repeatedly.
G.. T.. Wilson. a twice pardoned con-
Wet, testified that the prisoner was in
Jail with him in North Carolina and that
Rooney had stated he was afraid that the
authorities would get on to his record and
bring him back 10 Birmingham and try
him for murder.
On cross-examination he admitted that
he secured a pardon through the efforts
of Mr.. Gregory, after he had testified
against Rooney in the preliminary trial
held in Birmingham, and that his ex-
penSeS naQ Deen paid IN order TO Drfng
him to Birmingham 10 testify In this
case. He denied that Gregory had Of
fered pardon as an inducement for him
to testify against Rooney.
At this point the state rested and the
witnesses for the defense were placed
on the stand.
Defense Opens
The first witness called by the defense
was Connie Austin. who was chief OF
police of Birmingham at the time Kirkley
and Adams were killed. He testified
that the general reputation of the two
officers was very good. Describing the
arrest of the several members of the
gang and of the dying statements of Po-
liceman Adams and that the dying Of
fcer stated that Miller was the man who
had shot him and that Duncan shot
Kirkley, and that he would make the
same testimony before the judgment bar
of God.
CAPTAIN Austin testified that he had re-
ceived a picture of New York Harry
and identified a picture in possession of
the state as the one he received from a
detective agency. He further testified
that the description of the two men given
by the dying officer fit Miller and Dun
can. He could not identify the prisoner
as New York Harry"
Sam Mayer, who was member of the
jury that acquitted the defendant of a
charge of robbery and safe blowing, in
connection with the murder of the two Of
ficers, testified as to the evidence of
Mickey Brennan and Mrs. Myrtle Duncan
on the trial, stating that Mrs. Duncan
said she did not know the defendant as
a member of the gang
Jesse James, an old man rs years old,
who was in the penitentiary with Tom
Fay, testified that Fay had failed to iden-
tify the prisoner as New York Harry
and that he subsequently reiterated the
statement that Rooney was not New
York Harry
The Rev. E. A. Wright testified he was
present at the trial of Miller and Dun
can, and that he knew Oscar Simon and
remembered his testimony; that he stated
on the stand that Miller and Duncan
came into his saloon just previous to the
shooting and that he remembered Mickey
Brennan stating New York Harry" had
hair lip. Mr.. Wright was asked to
examine the lips of the defendant and
declared there was nothing unnatural
about them.
Mrs. Jesse James testified that Fay
stated in her presence that the prisoner
was not New York Harry
John P. Evans was called in to testify