The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-12-07
WITH THE JURY,
Counsel Sum Up in the Bur-
ger Murder Trial this
Morning.
JUSTICE LlPPINeOTT'S CHARGE
Mr.. Otto Grouse Makes a Strong
Plea to Save the Accused
Mans Neck.
Prosecutor Winfield's Powerful
Speech TO Wind the Chain
of Guilt Around the
Prisoner.

IIlSUu6I.
Counsel for Frafk Burger. accused of
the murder of SaloonlSoeper John f.
Engelbrecht of Secaucus, began their de-
fense yesterday before Justice Lippin-
cott and Judge Kenny. sitting in the
Court of Oyer and Terminer. In the
main the defense was an alibi. Counsel
claimed that the prisoner was asleep in
his bed at the time the bloody deed
was committed.
Far from the expectations of everybody
who has watched the proceedings of this
extraordinary interesting trial, the de-
tense was extremely weak and virtually
rested on the accused's own story. The
first three witnesses called by the pris-
oner even fatty contradicted statements
made by Burger to Detective Feeney,
and which the alleged murderer himself
repeated on the stand. The States wit
nesses were put on the stand, but they
didn't make matters any better for the
defense 1t simply narrowed down to
Burgers own story which Prosecutor
Winfield proposes to show, by using his
testimony before Coroner Volk, is full OF
falsehoods and contradictions.
Mr. Otto Grouse, the leading counsel
for the prisoner, drawn into the case at
the eleventh hour and thus heavily handi-
capped. made the most of the material
at hand. His cross-examination of Ex-
pert Krauss was extremely able and
everything that could be done to save the
prisoners neck was accomplished by
him.
The chief interest of the third days
trial lay in the examination of the ac-
cused Burger maintained the same un-
concerned demeanor which has charac-
terized him during the course of the
trial While his wife was on the stand
he barely looked at her and was more
intent on stroking his moustache and
critically examining the state of scratch
on the back of his hand.
Skillfuly guided by Mr.. Grouse. when
testifying in his own behalf, he told the
story of the events in the saloon on the
Sunday evening, the particulars of which
are familiar to readers of ''The News,
and these he rehearsed in a matter-of-
fact way, as if the result of the trial in
no wise concerned him. While he was
testifying the utmost interest was dis
played by the citizens of Secaucus, who
had left their village to take care OF
itself.
against the life of John f. Engelbrecht
Burger denied. He admitted, though.
that they were made against his his father te
on friendly terms with the dead saloon
keeper. The testimony given by wit
nesses that he, Burger, asked to stay IN
the saloon on Sunday night was raise
he said This concluded his direct ex-
animation, which had lasted an hour
The prisoner then braced himself for
a severe ordeal, when Mr.. Grouse s. SAID [ to
Mr. Winfield, Take the, witness" but
Mr. Winfield merely asked four questions
These four had great significance, and
the Prosecutor. when he marshalls the
fact in the summary. will make terrible
use of them. Keeping seated the Prose
Know where the pump is near Engel-
brechts house?"
YOU took glass and took a drink
there, didn't you?"
the pump discolored red?" asked Mr..
Winfield, pointing his pencil at the pris-
ssDidn't notice nothing" sullenly re-
Were YOU identified at the Coroner's
as one seen in the barroom with Engel-
brecht after twelve o'clock on Sunday
Sofbject," said Mr.. Grouse and it was
sustained Lonke died in the City Hos
pital two weeks ago. He would have
t oB s6eln VIM snga6reeSf sfhsT Th0
ssThats ali" said Mr.. Winfield, and
Burger returned to his seat intensely
A tail young man, Charles Smell Of
Secaucus, testified that some time before
the murder he and Burger had killed q
: blood. The pig, he said, in Secaucus
"Oh, please explain that?" said Mr..
aESsplain why the pig didn't get up
after It was .3a dead? would d III Ike ne1d t9 heaF
amid general merriment.
The defense having closed their case,
the prosecution in rebuttal called Mrs.
swore that her brother got to her house
on Sunday evening at eight O'Clock and
about ten o'clock went to the barn to
Charles Miller. also called in rebuttal.
said he saw Weirauch on the Sunday
nine laine' witness gave Weirauch a blanket
and the latter went into the barn to
sleep and witness closed the door on him
with wooden block. At half past five five
the next morning witness went to feed
the horses and Weirauch ws still asleep.
Defective Feeey recalled + for s. rebItta, b,t u;
jected because the. defendant had not
been cautioned. Mr.; & reeney y sac ala Inat ina
ness was allowed to answer the question.
Burger told Feeney that he had not been
dressing or killing anything with the
knife The prisoner told the detective that
he had Killed chickens a week ago, but he
used q hatchet.
Mr. Winfield then proceeded to read the
sworn testimony of Burger given before
Coroner Volk. There We're many CONTRA
dictions between the statement there and
the evidence given in court. One for in
stance in respect of the dead saloon
keepers guns. Before the Coroner Bur-
ger swore that he knew nothing about
the guns and didn't even know that John
had any weapons. In his testimony in
court he swore positively that John had
a double barreled breeehloading gun
which he had himself used. Again, as to
his money. there was wide difference
between the two statements. Other ir-
regularfties occurred which Mr.. Winfield
will draw the Jury's attention to in his
closing speech for the people.
Both sides closed at four O'clock in the
afternoon and the Court adjourned un-
til eight o'clock this morning.
The summing up for the. defense was
DELAYED this morning. Justice Lippincott
and Judge Kenny were on the bench
promptly at eight O'Clock the jurors
were IN their seats, the accused in his.
and Counsellor Otto Grouse ready to be-
gin his ple& to save his clients neck,
when it was discovered that the CORY ex-
hibits of the prosecution were absent.
*a at