New-York tribune., 1921-02-22

Mancuso, "do you mean that the liouor
was served to him in his cell?.
mr Marlin appeared to have no a,-
s"ef 70 this question, and the court
immediately held the prisoner for the
graha Jury and fixed the bail at the
anlount asked by Mr.. Groehl ut the
Sause 5;a time denying the motion for II
DISMISSAL of the complaint,
ihe specific charge on which O'Brien
y y ,hslng held is that of grand larceny
nvlaence In support of this charge was
presented when Mr. Groehl called TO
my Witness stand Charles Lawrence. an
ohhc3al OF the Submarine Boat Corpora
slots, whose car the prisoner is alleged
10 nave had in his possession when mr.
rested. q"
Lawrence testified that on the even
ing OF February IL he left his machine,
= sedan, IN front of the Elks Club in
newark When he looked for it some
el'ne later IT had disappeared. He told
alSo OF Identifying the car after he had
peeh notified by Mr., Groehl that it had
been 'ound in an uptown garage.
Ihe witness swore that he did not
drive the car there himself. and that he
had given no other person permission
20 DO so. He said that ne had pur-
chased the car for the Submarine Boat
corporation from the New Jersey
Motor Company, of Newark in Septem-
Der, 1920, and had paid 1858 for it. He
SAID the machine is now worth 5000 be-
cause of the equipment that has been
added. The witness said he had never
seen 0'Brien before.
Garage Employee Testifies
The most damaging testimony against
OBrlen was given by Thomas Lomax,
oyNIr sc
Garage, 130th Street and Old Broad
way. 1t was in this garage that Groehl
( and Detective Reith arrested O'Brien.
The witness swore that he had been
there when the defendant ha, driven
IN with many cars.
Lomax said that he could not make
out the usual receipt given transient
! customers and that O'Brien made out
his own, writing in the make of the
car and its registration number. A
receipt was offered in evidence.
In the statement he is alleged to
have made to Messrs Whitman and
Groehl, O'Brien is said to have adj
mitted that the handwriting on the
receipt and the tag was his.
! Nat Goodman, son of the owner OF
/ the Manhattanville Garage and busi-
/ ness manager of the place, testified tc
/ turning over to the prisoner the sedan
which Lomax said O'Brien drove in.
/ Karin's motion for a dismissal OF
/ the complaint was based on the plea
that even though the stolen sedan W. S
found in his clients possession there
( was no evidence that he had stoler
It and there was no evidence to in
dicate grand larceny.
Tells of Police Cooperation
The Tribune learned last night tina
the affidavit alleged to have beer
sworn to by O'Brien in the pres
! cnoe Of Mr., Whitman gives complete
description Of how the prisoner CO.
/ operated with the police in the, steal
Iine of automobiles. In it he aho re
IS Frank Moran and that he lived il
West 152d Street. Prior to that. &C
cording to the statement. he lived a
Second Avenue and Twenty eighth
Street, in the cid gashouse district.
In TIE affidavit O'Brien, or Moran
is alleged to disclose that when he W.!
readv to steal q car he would get il
touch with certain detective, who's
name he is said to have given. TIL
prisoners activities appear to hav'
been confined to nearby Jersey towns
md it was necessary for him to b.
tipped off by confederates as t. whethe.
tho route was clear to the Manhatta,
--'0~es where the stolen cars wer
taken.
lne only safe route from Jersey t.
Manhattan finally became the Fort La
ferry, and even this was watched b!
unfriendly policemen and detectives oil
/ certain nights. According to th'
statement it was the detectives dut!
to tip O'Brien off when the Fort LIE,
ferry was unguarded.
In tho affidavit (1'Rrier said n
describe splitting profits on stolen car
with this detective on three differen
occasions, the last division being mad
outside the Garden Restaurant, at Tiff
tieth Street and Seventh Avenue.
AT the Criminal Courts Building i
was learned yesterday that whel
O'Brien was about to make ont his q
legged affidavit he said to Mr.. Groehl
''You know, it wouldn't take me ff
teen minutes to have you bumped off i
felt like giving the word"
This and other statements alleged t.
have been made by O'Brien since bein
taken into custody have led Mr.. Whit
man and his assistants to believe tina
he has widespread affiliations anon
gangsters in this city and Jersey. Fou
of these friends were said 20 hav
neen in the Washington Heights cour
yesterday afternoon with two wome
when the prisoner was arraigned.
/, Word that they would be there ha
cached MIR. Groehl before he left hi
, office in the Criminal Courts Building
and when he emerged from The 168t
Street subway station he had with hir
Detective Sergeant Joe Russo and De
tective William F. Reith A rumor ci,
culated in the courtroom that an effor
was to be made TO rescue O'Brien whil
: he was being driven TO the Harlem ia
| caused Mr. Groehl to assign Russo an
Reith to follow the police patrol in
t taxscab. The same detectives wi
! guard the prisoner when he is brough
: down to the Tombs to-day.