New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-07-27
Defence Builds Manslaugh-
ter Case-PrOseCutiOn
Moves Slowly.
NO EFFORT MADE TO
FIND MURDER PISTOL
Crowds Disturb Newman Funeral
Widowed Bride Fails
to Appear.

hat inc kOCklNlu NWN'-Nf
y Clcarv. Democratic political boss OF
Uavcrstraw, for the muroet
oichteen-year- Eugene Martin New
man. have done so far:
They have no. found the revolver
used i'm the shooting.
Thev have made no real. search Tor
the revolver. -
They have made no effort 10 prlhs
patrolman Hugh Sheridan to account
Tbc,. have not crOsS-eXamlncd the
three eyewitnesses.
This is what some OF them nave M
complished:
Distric. Attorney Thomas Gagan has
.bscnted himself from his othce the
Greater Tart Of the time since the muir
der. visiting New York City and otnF
nlaces. but not in connection with any
work on the crime.
sheriff Larry" Server has permitted
the chief witness against CIeary 10
hold consultations with him IN ms cell
in the New City jail. c,
sheriff Server has allowed Clearly
charged with first degree murder 70
81 ont on the prison lawn, smoke
cigars and talk with him.
Sheriff Server has taken the leading
part in engaging Mr. Comesky as couh-
sci for Cleary $500
Sheriff Server on Saturday turned
over his duties TO his wife and went 10
fremen's carnival IN Spring Nalley'
District Attorney Gagan has reg
istercd no objection TO Server permit
ting the eyewitnesses OF the shoOtiilg'
all personal friends Of Cleary' holdiHS
long conferences with the prisoner III
Jail.
Proceedings a Mystery
such is the situation tonight. what
vi. hammer tomorrow morning when
Mr.. Cleary is arragned before Village
Police Justice McCabe is matter for
much speculation. c
II is possible that Justice McCaoe
may be asked TO adjourn the arralgh-
ment proceedings week. and there
seems little doubt Of mis- dong so
The request Is made. =,
On the other hand, counsel for Mr..
Clearv may consider il best to nave
MIN enter the usual plea OF MOI
guilty" in the hope that the grand JURY
will return an indictment charging
only 2 tsilable offence.
To-day the funeral Of The murdered
Dov was held in the little house OF ms
grandmother, Mrs. A. Ii. Kennedy, N
I'd ST. The funeral was private. but
throngs Of curious persons packed the
street in 'front.' Of The house, and the
small police force had the greatest
difficulty ir holding them back.
The policc force knows little about
handling crowds. and the members OF
NeWman's family and their close
fr.erds. Who were inside the house
nav.ue their last tribute 10 the dead,
we're seriously disturbed By the uproar
without.
WSen the Rev. Dr. Coultis. Of the
local Methodist Episcopal church, as
sisted BY tho Rev. ]. II. Bonsel. of the
PRESBYTERIAN church. read the -c~v!cc
neither the widowed bride Of i"' ne
Newman nor his mother. nov .rs.
Charles Appleton. was present.
The boys widow IS still I'll IN the
Graylene apartments. IN New YORK.
u was announced that Mrs. Appleton
was also Frustrated and for that rea-
son could not attend
Tho funeral procession passed through
nc main streets Of the village on its
way 20 Mount RcpoSe Cemetery, where
The body was buried. II was followed
r. a crowd and on the cemetery
Grounds similar scenes were enacted TO
those in front Of the Kennedy house.
Clesry's Friends Busy.
Despite the apparent inactivity OF
me prosecution to-day, the defence was
busy. Lawyers and personal friends
listed and consulted with Cleary IN
the New City Jail. Conferences were
held and plans perfected for comDlet-
INC the fund of $4,000. Word it IS
said. came from Comesky that he
would be on hand in time for the ar
raignment. and Michael DclaGl, a New
York lawyer and friend Of "Tom" Fo-
ley. also will assist in looking out for
me interests Of the town clerk
How the pistol used in the shooting
disappeared is mystery which the
Newmans and their friends are daily
becoming more insistent must be ex-
planned.
Supervisor Felter. Chief Of the Fire
Department Fox and Patrolman Sheri-
dan al saw the shooting Fox never
left Clcary from the minute Of the
murder until he was actually placed
under arrest, yet not a man Of them
viii say that he knows anything of the
Whereabouts OF the gun or what be-
came Of d.
The statements Of The three along
these lines were accepted al face value
and without examination By Dis
fr'ct Arorney Gagan.
Eagan minimize the importance Of
'7c weapon. holding that as Cleary al.
ready has admitted the shooting II can
no o. lt:lc consequence. Others dc
not agree with him in this view Thcy
wont out that % is likely 10 prove OF
great importance IN the question OF
whether or not The shooting was de
libcrately planned or done on The i'm
pulse of the moment.
u looms still larger In the case whcr
70 is considered that one Of the main
point. which the defence will seek 70
prove o. that the crime was the result
- 4 sudden maHiacai impulse. ChoulC
ihe,. establish this contention. Cloary
cDLd be indicted for manslaughter IL
the br-t degree instead q murder in
the frat or second.
The police admit they have not beer
looking for the weapon and az the Dis
ffic' Attorney Office u was said tha'
fhc prosecutor had no detectives a
work on thc case. To-day j. was stat
Cd that Cleary brought the revolvot
With him from New York and had pur
chascd q there.
80 iuquiries were permitted las
RI ght ~ the Clcary apartment IN tn
Gravlcnc. a. GO West l52d 81. Tn
hallboys had been instructed 20 den.
all caller and 20 say that Mrs Clear
and her daughter we're not al home.
u VA learned. however. that Mrs
Anna Newman. che young widow. D.
Iill ill ~ the apartment and that he
condition b. growing more serious
Nra. Cloary h"r.cf ia Frustrated ~lti
rr.e( and antictj. The phyNciai