New-York tribune., 1920-04-21
Porter Denial
Indicates Alibi
As His Defense
Wife and a Friend Expected
To Corroborate the State
ment That He Was Not
in Woman's Apartment

1IA w OAAdAA - AP0A tA1C4t
When he took the stand yesterday
as the first witness in his own defense
Colonel Augustus Drum Porter, former
Third Deputy Police Commissioner,
on trial before Judge Malone and a
Jury on a charge of neglect of duty,
denied fatty the sworn statement made
sgainst him by Detectives Hilbert
Wheelwright and Fred Sorger, the
srincipal witnesses for the prosecu-
ten.
Colonel Porter's testimony indicated
the defense intends to build up an alibi
which will be, based on statements by
Mrs. Porter and Bernard Lowenthal,
who, he asserted on the stand yester-
dav. were with him until after mid
night on the night of November II,
last. the date or which Wheelwright
and Sorger swore they found him with
woman in an apartment kept by
Adele Goodall in West Ninety
Street.
Makes Sweeping Denial
The former Deputy Police Commits
sioner, under direct examination by
Martin W. Litteton, his attorney, de-
MED emphatically that he had been
in the Goodali woman's apartment on
the night of November II or any other
night He also denied having sum
moned Wheeiwright and Sorger to po-
lice headquarters on the day following
their alleged raid on the Ninety sixth
Street house, and declared Deputy Po-
lice Commissioner Rodman Wanamaker
had never given him revolver.
Wheelwrights statements that Col
onel Porter had shown him gun,
police shield and letters addressed to
the Third Deputy Police Commissioner
at police headquarters in order to
identify himself on the night of the
raid, were all branded as falsehoods
by the witness.
women were barred from the court
yesterday by order of Judge Malone
Assistant District Attorney James E.
Smith conducting the prosecution.
rested his case early in the afternoon
without calling Commissioner Enright.
The commissioner had been subpoenaed
to appear Monday. The failure of the
prosecution to put him on the stand
yesterday caused some surprise, as
Wheelwright testified that Porter told
him he had made clean breast of
sioner.
Sorger on Stand
Detective Sorger was the last wit
ness called by the prosecution and the
story ne told was practically identical
with that related by Wheelwright on
Monday. When the state rested its
case, Mr.. Littleton asked that the in
dictment against Colonel Porter be dis
missed on the ground that there was
no evidence against the accused except
that contained in the testimony Of
Wheelwright and Sorger. who, he said,
were accomplces in the alleged crime
under the statute. The motion was
denied.
In presenting the defense. Mr.. Lit
Teton said he expected to show that
the charges against Colonel Porter
we're without foundation. had been
trumped up and We're based on the
statements of witnesses who had testi-
hed falsely.
Colonel Porter's duties as Third
Deputy Police Commissioner were al
most entirely executive" said the law
yer sit would be impossible under
ordinary circumstances for busy man
ike Colonel Porter to tell where he
might have been On any particular
night. but it happens that November IL
was the anniversary of Armistice Day,
and it was on that date that Mrs. Por-
ter returned from New Jersey, where
she had been visiting
Colonel Porter Nervous
Colonel Porter was plainly nervous
when he took the stand. In answering 2
questions involving dates he frequently
hesitated He gave his address as 81
West Fifty eighth Street. He said he
was married in 1906 and had been con-
nected with the Police Departmen Mt
since June. 1911.
He was appointed Third Deputy Com
missioner in February, 1919. The wit
ness said he resided in Philadelphia
for seventeen years before coming to
ing I'D to the night on which he is al
legged to have been found in the West
Ninety sixth Street apartment, Colonel
Porter said:
My wife had been in Morristowr
\. j.. visiting friends. and returned to
New York on the night Of Novem be y
H. We went out to dinner tina. night
and returned Immediately afterward,
my wife expected her trunks. They did
TO. come
''On November 12 went to my Of
nee at Police Headquarters as usual
and returned home about o'clock
mat evening. Ny wife and he'd dir
ncr IN a restaurant and went directly
home Earlier in the day had re
eeiTed telephone call from Bernard
Lo~enthal. a friend Of mine VINO IS
engaged in the moving picture busi-
ness. Ia which ! also am Interested.
ne SAID ne wanted to talE over busi-
ness matter with me. asked him 20
saa on me az M horse that eTe-ins.
he arrived about 10 O'Clock aud -
NAMED until after midnight he was
e.
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