New-York tribune., 1920-10-12
Says McMullin
Shot Man With
His Hands Up
Girl Testifics Dry Agent
Suddenly Put Gun to
Prisoners Head and Fired
During Raid on Flat
Prosecution Rests Case
Policeman Unable to Find
Knife Revenue Aid Had
Told About After Capture

Alfred J. Talley, Assistant District
Attorney, chief prosecutor of Stewart
N. McMullin, former prohibition agent,
on trial before Judge julius Mayer in
the United States District Court for
the killing of Harry Carlton, rested his
case yesterday. This action was taken
after Malvina Carini, her mother Anna
Carini, and Patrolman Charles J. Rey-
nolds had testified as to the Staying.
Miss Carini is eighteen years old
Senator James Walker, counsel for the
defense, could not shake her story.
She told how her father, Carlo, had
come home on The night of March II
with Carlton and Revenue Agents
Yaselli and McMullin. She said they
displayed no badges and she did not
know what they were at that time
She said arrangements were made
for the purchase of some liquor, which
her father had in the kitchen, and
box full was taken downstairs by Carl
ton and McMullin When they re-
turned, she said Carlton requested the
money before any more liquor was
taken from the house. Yasel de-
murred, but when Carlton insisted Nc
Mullin counted out $735 on the wash
tub. Carlton handed it to her, she
said.
Revenue Agents Drew Guns
Then some one-she said she thought
said she saw Yaselli pointing revol-
yer at her father and McMulln cover
ing Carlton.
She screamed, according to her testi-
mony, and her mother came in from
the next room. Her father backed out
Of the room into the hall with Yaselli
following him. She ran after her
mother to the window calling "Helpl
Murder Police! Robbers!"
A shot was fired from the hall, she
said, and she thought her father was
shot. She and her mother climbed to
the fire escape and continued scream
ing. She said McMulhn came out on
the firescape and pointed revolver
at her and said: "Give me the money
or I'll Kill you!" She gave him the
money.
What about father?" she asked
ooh, your fathers all right, shut
up." McMullin said, according to her
testimony.
Carlton came to the window with
she said, had hold of her arm and was
pulling her toward the window He
suddenly threw up his right hand and
fired at Carlton, and the revolver was
not two inches from the victims head,
according to the witness. Carlton fell
near the window and McMullin jumped
over him and ran out, she said.
Mrs. Carini corroborated her daugh-
ters testimony.
Patrolman Charles Reynolds, who
was attached to the West 1929 Stree.
station at that time, said that he was
in front of Carinis home at 234 East
two shots fired, apparently in the hall
way. He said he was in civilian clothes
and that he put on his badge, drew his
revolver and went upstairs.
Policeman Tells of Arrest
Carini with his hands raised, and
Yaselli facing him with drawn re-
volver. He said he grabbed Yaselli's
arm and that Yaselli shouted, "Im a
revenue officer and this man is my
prisoner!' He said he asked to see
Iaselli's credentials and that badge
was shown to him. He said he went
downstairs with Yaselli and Carnl
They were on the sidewalk, he testi-
lied, when he heard another shot up
stairs. lie looked up and saw man
and two women on the fire escape.
He said he left Carini with Yaselli
and started upstairs. He met Nc
Mullin coming down and stopped him. !
According to Reynolds McMullin said:
I'm just after shooting man up
there. He wanted to stab me with
knife.' Under cross examination sRey-
nolds said he had made a search for
knife, but could not find one. The
case was adjourned until Wednesday