Henry Haummel testifies that he returned home on Saturday, September 6, 1913, to find that someone had jimmied the lock on the door to his apartment at 131 West 133rd Street. Joseph Cunningham, the janitor, testifies that he saw the defendant, Ernest Boldin, leaving the apartment that day at around four o’clock in the afternoon. The defendant, standing by the open door, had claimed to be the cousin of Grace Haummel, the wife of Henry Haummel, and stated that he was waiting for her to return from the butcher shop. Boldin, according to Cunningham’s testimony, then ran down to the street, continuing east on 133rd Street. Luther Waithe, a resident, testifies that he saw the defendant in the apartment. He also saw Boldin run downstairs into the street and enter Snyder’s saloon on 133rd Street. John Stein, a detective, says that he arrested the defendant that night. Several defense witnesses identified the man running from the apartment building as dark-complexioned and stout, a description that contradicted the appearance of the defendant. Other witnesses testify that the defendant was with his sister at the time of the burglary. The jury finds the defendant guilty of burglary in the third degree.