The Birmingham age-herald., 1914-01-28
Defendant Accused of Being
"New York Harry and
of Killing Officers
IDENTIFIED BY ONE
WITNESS FOR STATE
Two Others. All Members of Miller
Duncan Gang. Are Uncertain.
Light Oyercoat Playing lmpor-
tant Part in the Trial

Former members of the so-called Miller
and Duncan gang of safehlowers were
among the witnesses who testified for
the state at the trial of Harry Petit,
alias New York Harry" charged with
the murder of Policeman G. W. Ilirl<ley
about u years ago, which began yester-
day morning In the first division of the
criminal court before judge William e.
Fort.
Much interest is being manifested in
this trial and the courtroom was crowded
with members of the legal fraternity,
officials and spectators who listened with
interest to the testimony of the alleged
pals of the defendant. especially the
details of the safeblowing at the office
of the STANDARD Oil company and the
events that are said to have followed.
Neither Frank Edwards nor Thomas
West. self-eonfessed members Of the
gang. who were convicted and sentenced
to terms of Imprisonment in the state
penitentlary and subsequently pardoned,
would positively identity the defendant,
West stating that he never knew anyone
by the name of New York Harry" but
that a man who went by the name of
Denver Harry was a member OF the
gang and that the prisoner resembled
that person. Edwards would not at
tempt to identify the prisoner as New
York Harry stating that he was with
that individual only about two hours
on the night of the murder. and that
he. Edwards. was irresponsible at the
time.
Fay Identifies Defendant
Tom Fay, a third self-confessed mem
Der of the Miller and Duncan gang also
a pardoned convict, positively identified
the defendant as New York Harry
stating that he and the defendant came
to Birmingham from Chattanooga to-
gether and joined the gang in the city.
The testimony of these witnesses proved
of much interest as they told of the
plot to blow the safe of the Standard
Oil company, how it was accomplished
and the escape of the gang from the
city. The evidence was to the effect
that the six men divided into pairs after
the Swallowing and made their way by
different routes to a rendezvous in the
city, Duncan and Fay, West and Ed
wards and Miller and Harry" were the
manner of the division. Duncan and Fay
were the first to reach the room; they
followed n,~N nd 4
while these four were conversing and
planning means of escape, shots were
heard, presumed to be those that brought
death to the two officers and that a few
minutes later Miller and Harry" ap-
peared and stated they had got two
bulls policemen. The state endeavored
to show by these witnesses that Miller
and New York Harry were responsible
for the deaths of the two officers.
Light Overcoat Figures in Case
light overcoat Is playing an impor-
tant part in the evidence for the state
and the attempt Is being made to fastened
its ownership on New York Harry" but
two of the states witnesses have sworn
that 1t was worn by Frank Miller on
the night of the robbery and murder
The state is also contendng that Frank
Duncan, who was hanged for the nur-
der OF the two policemen. did not COM
init the crime, but that 'New York
Harry was the murderer.
The first witness for the state yester-
day was DIR. Charles Whean, who at
tended the two policemen after they were
fatally shot. He testified as to the dying
statement of Officer Adams, who he said
Identified Miller as the man who had
shot him. and Duncan as the man who
shot his partner Kirkley. He gave other
testimony regarding the statements of
Adams and Miller.
The watchman of the Standard Oil COM
pany at the time the safe was blown, and
who was knocked down and seriously in
jured by the safeblowers. testified to the
attack on himself and In the course of
his statements stated Miller wore a light
overcoat at the time the safe was blown.
Eyewitness to Shooting Testifies
George Pappageorge, an eyewitness TO
the shooting of Kirllley and Adams, testi-
fled as to the details of the killing, and
stated on cross-eXamination that he had
testified in a former trial that Frank
Miller wore light overcoat. He stated
he did not recognize the defendant.
Judge Fort held court until $50 last
night and stated If the case was going
to be long drawn out he would hold a
night session.
Opposing counsel stated they thought
the case could be disposed of today, White
Gibson remarking that the defense would
be brief, as most of the witnesses
for the defendant We're dead or had left
the state. Judge Fort adjourned until
80 this morning. Circuit Solicitor Joseph
r. Tate and Assistant Solicitor Hugh
Locke are representing the state, with
III