New-York tribune., 1920-04-22
Wife Cenents
Porter's Alibi:
Acquittal Seen
Woman Testifies Husband
Was With Her During the
Night That State Says
He Was With Another
Friend Backs Up Story
Janitor of Apartment Also
a Witness for Defense; f;
Jury Gets Case To-day

jury OCaS NAS1SC quay
When Mrs. Augustus Drum Porter
left the stand yesterday in Judge
James T. Malone's court the states
case against her husband, former
Third Deputy Police Commissioner, be-
ing tried on q charge of neglect of
duty, seemed shattered.
Mrs Porter's testimony, supported
BY that of Bernard Lowenthal and the
superintendent of the apartment house
in which the Porters live, appeared to
build up an air-tight alibi that &C
counted for Colonel Porter's move
ments for the entire night of Novem-
Der IL, when, according to Detectives
Wheelwright and Sorger, of the Spe-
ciaI Service Division, he is alleged to
have been with a woman in the apart
ment of Adele Goodall in West Ninety
sixth Street.
Mrs. Porter, in wavering voice that
seemed frequently on the point of be-
story of how her husband had spent
with her the hours that the state al
leges found him with another woman
il the apartment of Adele Goodall.
Wife Not Cross-Examincd
According to Mrs. Porter's story,
which is corroborated in almost every
detail by that told by Lowenthal, Colo
mel Porter took her to dinner on the
to their apartment, she said, in order
to be there when her trunks arrived
: from Morristown, N. j., where she had
been spending several weeks. At 10
o'clock that night Lowenthal arrived
at the Porter apartment, and shortly
after that the trunks were delivered
by David Coyne, the superintendent.
Colonel Porter, the witness said, as
sisted the superintendent in moving
the trunks into her bedroom, and be-
tween that time and midnight came to
her several times to ask whether he
could help her in unpacking them.
When Lowenthal left, she said, she and
her husband retired for the night. At
no time, she declared, had he left her
during the entire night. Mrs. Porter
said Lowenthal did not leave the apart
ment until after midnight
Mrs. Porter was not cross-examined
by Assistant District Attorney Smith,
she left the stand it was announced
that both sides rested.
Martin W. Littleton, attorney for
the defense, will sum up when the case
10 resumed this morning and Colonel
Porter's fate will De in the hands OF
the jury by o'clock this afternoon.
Married Fourteen Years
Mrs. Porter, member of the De
Ruyter family, one of the Oldest. in
New York, said she had been married
TO Colonel Porter for fourteen years
and that she had always made hel
home in this city. She said she went
to Morristown last June and returned
to this city some time in July. She
then went to the Edgemere Inn, at
Greenwich, Conn, and later returned
to New York and took a trip to Allan
tic City with Colonel Porter. Return.
ing to New York from Atlantic City
she again went to Morristown
Before | returned to New Yorl
from Morristown l wrote to Superin-
tendent Coyne of our apartment
house, and told him I would reach New
York on Tuesday. November H." sale
Mrs. Porter. Colonel Porter got
home that night about 7:15 o'clock
and as we were not in a position tx
keep house, We went out to dinner.
ION November IL Colonel Portel
went to his Office, as usual, and re
dined out and returned imme ediatel!
afterward. After we got home Colo
mel Porter called Superintendent Coyns
and asked him to lock up my trunk!
and bring them to our apartment HI
brought them up some time after II
o'clock and Colonel Porter helped hin
carry them into my room.
WAS Colonel Porter constantly il
the apartment that night?" asked Mr.
Lttleton.
"He was" replied Mrs. Porter.
He was never cut Of it," the lawyer
asked.
Never" declared Mrs. Porter.
Low enthal, who said he was sales
man, but at present unemployed, tes-
titled he had known Colonel Porter fol
five or six years and had known Mrs
Porter for about the same length Of
time. He told Of talking to Colone
Porter over the telephone on the morn.
ing Of November II and making ar
engagement to meet him that night al
the iatters apartment.
Lowenthals Statement
II reached Colonel Porter's house abou
10 o'clock said Lowenthal, land was
ushered into the colonePs bedroom
Shortly after that the doorbell rang
and l saw Colonel Porter assisting an
other man in bringing in some trunks
They took them into another room
saw Mrs. Porter there and she apollo,
gized for not being able to receive
me, saying she was not dressed. I re
NAMED with the colonel until aftel
midnight"
Mr. Smith cross-questioned the wit
ness at considerable length as to dates
names and places, with a view to dis
erediting his memory, but when Low
sntnai left the stand his account Of the
happenings on November 12 was un
shaken.
Judge Malone announced yesterda,
nat the trial Of Police Inspector Domi
MEX Henry would follow immediatel,
upon the conclusion Of the Porter case
ana that special panel of $50 tales
men mad been notified to report il
court to-day, when the work of select
.ns the jury for the Henry trial will