New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-07-02
SWEAR TO ALIBI
TO Aid CLIFFORD
Witnesses Say He Was
Not in Clute's Car on
Night of Murder.
JEROME MAKES NO
OPENING ADDRESS
Court Refuses Transfer and the
Fate of Young Student May
Go to jury Tomorrow.

From a stan Correspondent OF The Tribune
Albany. July 1.-The defence had its
first innings in court to-day at t.ie
trial of Malcolm Clifford, jr., the young
schoolboy OF Hudson, for the murder Of
Frank J. Clute, chauffeur, of this city.
The trial moved rapidly, and nearly a
score OF witnesses had been called for
the defence when court adjourned.
District Attorney Alexander rested for
the people at the close of the morning
session.
Both sides are expected to sum up
on Friday and the case probably will
go TO the jury on that day. Whether
the young defendant would be called to
testify i'm his own behalf was a ques-
tion under discussion tonight by the
members of his family and his counsel.
William Travers Jerome. chief counsel
for the defendant, said the matter hat
rot been decided.
Mr.. Jerome omitted the usual open
ing address 20 the jury, and surprises
for the prosecution appeared thick and
fast when the defence began to call
witnesses Five witnesses swore-two
Of them positively young Clifford
was not the passenger in Clute's car or
the night of the murder. They all knew
Clute and his car, and had seen him
with his passenger on the night he
started on his last ride.
Three of the five witnesses testified
that they had close look at the pas
senger and that he was an older man
with a mustache. The young prisoner
was asked to stand up for identified
tion as each witness testified, and he
fairly bounded out of his chair to con-
front them and hear them say that in
their belief he was not the man who
rode with Clute.
Seeks to Create Doubt.
The defence worked hard TO create a
reasonable doubt in the minds of the
Jurors through these witnesses. Dis
trict Attorney Alexander worked
equally hard to discredit their testi-
mory. He attacked their crcdibility un-
sparingly and succeeded i'll emphasiz-
ING uncertainty in the stories of two of
them, who were chauffeurs who kept
their cars at the same stand with
Clute.
Counsel for the defence followed up
the contention that the County Court
had no jurisdiction 20 try the case,
because of the alleged illegality Of
Young Gifford's arrest, without war
rant. and his carly arraignment in
court without counsel, by moving TO
transfer the trial to the Supreme
Court. Judge Addington denied the
motion. The defence laid considerable
stress on this point by calling William
]. Coughtry, clerk of both courts, and
examining the early records IN the
case. It probably will serve as an inn
portant element in an appeal should
the jury's verdict go against the de-
fendant.
Contrary to the testimony OF several
Of Young Gfrord's boy companions
for the prosecution, Alexander d..
plandcy, another schoolboy friend, tes-
tined that he was sure Clifford had on
"cvening cloth ,s" when he saw him at
tho dance at the Troy Club on the
NIGHT of the murder. He further testl-
fed that he had never seen Clifford
wearing pair of tan gloves during
1oi3 when they we're schoolmates at
Uoosick Falls. such as the gloves found
neor CIute's car after the murder. Glf-
lord always wore gray or suede gloves,
the witness said.
Older Man in Automobile.
Arthur Conrad. an aged painter, Of
this city. proved the strongest witness
and biggest surprise introduced by the
defence to-day. lie told of seeing
Clu.e and his car at Lancaster and
ragle sts. between $3.50 and 9:15
clock on the night of the murder.
with n man in the rear seat, who was
about thirty years old and had a black
mustachc. Clute had stopped at the
corner in the glare Of the electric
Ights. he said. and young girl was
talking to him and his passenger. He
recognized Clute, and his attention
VA. called 10 the incident because the
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