New-York tribune., 1920-10-16
McM11llin Acts
Fight for Life
Before Court
Dry Agent Shows How He
Battled With Carlton on
Fire Escape, Pressed Gun
Against Head and Fired
Witnesses Uphold Story
Accused Officer Admits
Arrest i'm Homicide Case
When He Was Fourteen

Two witnesses for the defense Of
Stewart N. McMullin, prohibition agent,
charged with killing Harry Carlton,
chauffeur, testified yesterday before
Judge Julius M. Mayer in the United
States Court. Their testimony tended
to show that McMullin did mount the
FIRE escape outside of 234 East Seventy
sixth Street after his alleged struggle
with Carlton, and that unknown per-
sons ran up stairs to the roof and were
heard moving about there.
According to the testimony of Pa
trolman Reynolds, McMullin ran into
his arms down stairs in the hall, and
said that he had shot a man who had
attacked him with knife.
McMullin said yesterday that after
he and Yaselli had proclaimed their
identity to Carlton and Carini, and
stood confronting them with their
badges in one hand and their revolvers
in the other, he had gone, at Yaselll's
bidding. to get the $3.50 from the
Carini women, who had run screaming
Death Fight on Fire Escape.
He said he followed them to the fire
escape and got the money from Carlnls
daughter, Malvina. Five shots sounded
from the street, where Yaselll and Key
nolds were seeking TO attract ASSIST
ancc. He said that imm edlately after
ward he saw Carlton coming from the
kitchen. Two men were behind HIM,
he said, with revolvers. He heard Carl
ton say, "Let me get him." and by the
time he had showed the women ASIDE,
he said, Carlton was on the fire escape
with knife in his hand.
He enacted the struggle, showing
how his gun hand had slid under Carl
toms arm and the revolver had been
pressed against the back of Cartons
head. Then he said he fred and let
Carlton slip back into the room.
He brushed past the women, he said,
and ran up the fire escape. He tried
window on the fourth floor, think
ing that he was being fired upon and
seeking way Of escape. 1t was
locked, so he went to the top floor.
He was there when Yaselli called to
him to come down.
1t was when he did so, he said. that
he met Reynolds and Patrolman Neville
for the first time that night. When
cross-examined by Alfred J. Talley, As
sstant District Attorney, as to why
he had not made a search for the
knife and why he had not hunted the
other two men, McMullin said that the
officers had told him that they had
made a search for the knife and had
not found it, and that they had seen no
other persons about.
Louisa Lieb, who lived an the top
floor. testified that she was awakened
by noises coming up the air shaft and
that she heard hurrylng steps on the
roof She heard no shots, she said, and
heard or saw no one trying the fire
escape window.
Woman Gives Testimony
Mrs. Yctta Rosen, who lived on the
fourth floor, testified that she heard
footsteps running upstairs and saw
rgure on the firc~escape She and her
husband, she said looked out shortly
after that. but saw no one on the fire
escape. The prosecution has contend
ed that there were not two men in the
room.
McMullin divulged other incidents
in. his life's history yesterday He
said that when en- y, he Eva. was ,, fourteen he
suit of rock fight in which a man
was killed He pleaded guilty to in
voluntary homicide, he said, and was
fined $50 and costs.
Altogether McMullin has testified
that he has spent twelve years and five
months in different prisons. He said
yesterday that while he was in jail ne
studied law and was Of assistance to
242 prisoners in obtaining their re-
lease
James Shevlin, at that time supervs-
ing prohibition enforcement agent for
this district. testified that he did not
know that McMullin was an ex-convict
when he was appointed to his staff,
but that he learned of it shortly after
and told an agent, Langley, to watch
him. He said that he was not aware
that McMullin had been issued a re-
volver, but that he had never told him
not TO carry one.
The trial Will be continued on Mon-
day.