Saturday, August 30, 1913
Tuesday, October 28, 1913
Thomas C. Crain
James F. Mack
Microfilm-based PDF (original):
Text-based PDF (new):
James Mack, an attorney for Marie Garcia, appeals against his client’s conviction for violating the Tenement House Act. William Jones, a police officer, had previously testified at trial that Garcia, 22, a recent immigrant from Spain, had demanded $20 from him on August 30, 1913, for sexual intercourse with a second woman, Evelyn Noe, in a tenement house at 245 West 51st Street. The magistrate, Henry Herbert, had found Garcia guilty and had committed her to the city workhouse for six months. The appeal claimed that, because the trial had commenced before a different magistrate (who had subsequently retired from the court), the conviction was invalid. The attorney, James Mack, also claimed that only one witness, the police officer, had testified against Garcia; that there was no corroborating evidence; that the defendant, Garcia, had not said or done anything improper; and that sexual intercourse had not occurred. The judge, Thomas Crain, denied the appeal and sustained the original verdict and sentence.
245, West 51st Street, Manhattan, New York