The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1914-07-02
SWEAR PASSENGER
WITH CHUTE WAS
NOT CLIFFORD
Man In Taxi Older Than AlIeg-
ed Slayer
PAWNED PISTOL IN COURT
Handwriting Expert Says Check Sig
nature is That Of Youthful
Prisoner
PAwNED PISTOL IN COURT

Albany, July 1.-Several Witnesses
at the trial of Malcolm Clifford Jr., the
young Hudson student, for the muir
der of Frank J. Clute. a chauffeur. on
April /, 1913, gave evidence today
tending to prove that it was not Gift
ford who rode in Clute's car as fare
on the night of the murder.
William Burkhard and Jacob Van
Doren. chauffeurs, told of seeing the
fare enter Clute's car about o'clock
Burkhard described the man as wear
ing light overcoat and as being
about 80 years old.
Arthur Conrad. an elderly man.
testified that he saw Clute on April
/, 1913, between $3.50 and $3.50 p. m,
at the corner of Lancaster and Eagle
Streets. Clute stopped his car to
talk to a young woman. Conrad said
he had a good look at the passenger,
who was 2S or 30 years old. with
black mustache. On cross-examinat-
ion the witness admitted that he had
telephoned to Clifford after his arrest.
Mildred Thorn said ii was she WHIT
talked to Clute at the crossing. She
said Clute's passenger stuck his head
out and asked her to take JOY ride,
and she replied that she was not that
kind of a girl. She described the pas
senger as being about 80 years old,
and said that Clifford was not the
nfufrfrf AttnrnaN Qnftn
not shake her evidence on cross-ex-
animation, but he extracted from her
the statement that she was is years
old, had separated from her husband,
and had been in a detention house in
Albany, also that she was taken to
Hudson about month ago to work
in a hospital there. and later to
Mount Merino to work. for n Mrs.
Ferguson. She said she went from
Hudson to Mount Merino in an auto
mobile with Mrs. Clifford.
c. b. Gibson. Supt of Streets,
Troy. testified that he WAS with his
present wife, then unmarried, on the
night of the murder at a point on the
Schenectady road. Clute's car came
along about 10 o'clock and stopped.
But Clute and his passenger got out
20 look at the car. there seeming to
be something the matter with it.
The passenger said Gibson. was more
than 80 years old. and ii was not
Clifford
On behalf of the prosecution. an au-
tomato pistol pawned with Warren
T. Risley a pRwnbroker. at Northamp
ton, Mass. last winter. was offered In
evidence. Mr.. Risley testified that he
advanced 81 on the pistol and issued
ticket to a person who signed his
name IN. Clifford. Jr." He said he
would not be able to identify the per-
son who pawned the weapon, but he
did identify the duplicate pawn slip at
tached to il. saying the number,
1921" was in his handwriting.
William A. Kingsley Of New York
hand writing expert, swore that the
signature on the pawn slip attached
to the pistol and the signature made
by Clifford in the Jail last week in the
presence of Hiram Walk and others,
were written by the same person.
Police Lieut.. William A. Jones OF
New York explained the working OF
the automatic pistol offered in evil
dence Four of the bullets fired into
Clute's head and an empty cartridge
found in the automobile were handed
20 him The bullets fitted the shell
and the shell fitted the pistol.
Before opening the defense, Mr.. Je-
rome moved that the case be trans
ferred to the Supreme Court on the
ground that the County Court had no
authority to try Clifford. The motion
was denied by Judge Arlington.