The record-union., 1894-02-02
MAX AND JAKE GINSBERG.
Justice Henry Finally Holds Them
Over For Trial.
The Charge of Resisting the Officers
Dismissed as to Mr.. and Mrs.
Litzberg and Mrs. Blum.

The examinations of Max and Jacob
Ginsberg and Mrs. Ida Blum and M.
Litzberg and his wife for resisting Under
Sheriff Rooney and Deputies Johnston
and Hendricks while making raid on
Max Ginsberg's store on the 10Th of last
month were resumed in Justice Henry's
court yesterday morning.
Jacob Ginsberg for the defense testified
that he saw number of persons looking
into his mothers store and inquiring into
the cause of it ascertained that officers
were there. The witness asked his
brother Max what the trouble was and
the latter said the officers wanted TO az
rest him for selling a lottery ticket in the
morning. Witness said he had an inter-
est in the store and told Max not to sub
nit to arrest unless the officers produced
a warrant. When Deputy Sheriff Johns
ton took hold of Max, Jake asked to be
shown warrant. When Johnston was
placing the handouts on Max the latter
complained that the cuffs were hurting
him. Witness then went over where they
were struggling and was knocked down.
Witness testified that he struck Johnston
because be struck Mrs. LitZberg.
In response to the question OF Deputy
District Attorney Jones if he really had
an interest in the store, the witness said
he told the Deputy Sheritfs he had, in
order to be allowed to remain in the store.
In rebuttal Under Sheriff Rooney tes-
titled that prior to the trouble in Max
Ginsberg's store he was stationed at the
back door of the store, and after knock
ing for a few minutes was admitted by
Deputy Sheriff Johnston. Max and Jake
Ginsberg, Johnston, Hendricks and a
Chinaman were in the room. Johnston
had a box of lottery tickets under one
arm and had hold of hammer in the
hand of the other arm. Max Glnsberg
was told to accompany him TO the Sheriff's 8
office, but he refused to go. Johnston
took hold of Max with the intention of
taking him along when Jake intertered.
The witness saw blood on Johnstons s
face, and thinking that he was being seri-
ously injured drew his pistol for the pur
pose Of checking the assault on John
ston. AS soon as the weapon was seen
hostilities ceased. Before Rooney drew
his pistol Jake and Max Glnsberg and
Mrs. Blum were striking Johnston.
Charles Brockaway, for the prosecu-
ton, testified that he saw Deputy Sheriff
Hendricks attempting to take hammer
from Jake Ginsberg. He did not see
Rooney strike Mrs. Blum.
At this juncture recess was taken un-
til 1:30 o'clock i'll the afternoon in order
y
bonds of holy wedlock young couple
who awaited the arrival of his honor in
Justice Devine's courtroom.
When court reconvened G. L. Jones
was called by the attorneys for the prose-
cution. He testified that he saw the
Deputy Sheriffs in the store, and that
Johnston was endeayoring to handcuff
somebody. Some person was striking
Johnston. but who it was he did not
know. +. Jones said he did not see
any body strike either Mrs. Blum or
Mrs. Litzberg.
Deputy Sheriff Johnston testified in re-
buttal that when he attempted to arrest
Max, Jake Ginsberg said that he would
not unless he produced warrant. Max
refused to submit to arrest. The witness
did not see Rooney strike Mrs. Blum.
There being no further testimony in
the case Hiram W. Johnson, for the
| prosecution, made the opening argument.
Clinton l.. White, attorney for the de-
fendant followed and made an able argu-
ment in defense of the defendants.
Deputy District Attorney j. Charles
Jones made the closing argument for the
prosecution. He said 1t was not the de-
sire of his Office that Mrs. Blum, Mrs.
Litzberg and NJ. LitZberg should be held,
as there were mitigating circumstances
connected with the part they took in re-
sisting the officers, but as to Max and
Jacob Ginsberg he thought they were ac-
tually guilty of having committed the
offense and should so be adjudged.
Preliminary to rendering his decision
Justice Henry said that the testimony of
the witnesses in the case was more or
less conflicting. He was impressed with
the idea that all the defendants were good
and ,aw-abiding citizens. He was not
satisfied that Mrs. Blum, Mrs. Litzberg
and NJ. Litzberg were concerned in the
affair with any criminal intent. As re-
CARDS Max and Jacob Ginsberg, however,
he could not do anything else but hold
them to answer before the Superior
Court.
They gave bail in the sum of $500 each,
with s. Ginsberg and NJ. LitZberg as
sureties.
Another complaint has been filed
against Max Ginsberg for the alleged sell
ing OF a Louisiana lottery ticket.