New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-06-19
SH ELS RELATED TO KLEIN
BETSY sCHwARZ. AN IMPORTANT WITT
NESS IN THE ARSON CASE, ADMITS 1T.
THE DEFENDANTS FIRST AND SECOND WIVES
WE'RE HER AUNTs-IDENTIFIED BY MRS.
sILBERMErsTER - PRISONER AGAIN
on THE STAND.

~ on THE STAND.
TIE second trial of Jacob Klein charged WITH
arson in the first degree, which has been IN
and jury, since Monday, is nearing complexion.
progress In the County Court before Judge Hurd
and the case will be given to the jury some time
this afternoon Harris Krakauer who employed
Klein testified yesterday that on the day OF tho
fire Klein was with him until late in the even-
ing and that when he left him Klein started
toward the ferry to Brooklyn. This was In cons
tradiction Of the witnesses for the prosecutioh'
who said that that night Klein was IN
Hirschkoprs house awaiting the outcome OF tnes
fire
| Betsy Schwarz also testified. repeating the
story which she told the former trial She
said that she was in Mrs. Klens rooms on the
night Of the fire, and that the blaze was started
| by a falling lamp. Mrs Klein went into another
room to dress and took the lamp with her. When
she came back, she tried to put the lamp In q
bracket on the door but it slipped to the floor
| and exploded. The witness said that she cried.
Fire seized Mrs. Klein's child and rushed into
the street followed by the wife of the defendant.
| The cross-examination Of the witness by As
slstant District Attorney Miles was long and
severe but he did not shake her testimony. She
repeated the story with the same chdlike SIM
pl!city that characterized her on the first trial,
and sometimes she laughed at the plumbers she
made in talking English. Finally Mr.. Niles
asked her Il she did not know that Klein's first
and second wives were sisters and that they
were both her aunts. The witness admitted that
she did. Mr.. Miles asked this question for the
purpose of establishing a motive for the testi-
mony OF the witness This fact was not brought
out on the first trial, and Mr.. Elder argued in
his summing up that there was no motive for the
/ ,ailo rtritfb m Vp m
she was not interested
Later in the afternoon Assistant District-At-
torney Miles recalled the woman Sllbermeister
10 the stand Mr. Elder. Klens counsel, OBJ
jected on the ground that the prosecution had no
right to interrupt the progress of his case in
! that way but Judge Hurd permitted the woman
to be recalled as it was desired to take her BACK
to Auburn Prison. whore she is serving a twenty
five years sentence for arson. Mrs. Silbermeis-
ter said that she recognized in Betsey Schwa1
the young woman who was In Mrs. keins
rooms when she went there with Rothman to
set the fire
EXAMINED BY JUROR.
Mr. Elder started to cross-examine the Witness
but Ahrenson. one of the jurors. who has taken
an active part in the trial. asked her If she was
| positive in her Identification.
II am perfectly .ure," was the reply.
Have you ever seen the girl at any other time
either before or after the fire." asked Mr.. Ahren-
SON.
Mrs Sbermeister said she hadn't.
And still you say that you identify the girl
positively. although you have seen her only once.
and then for half an hour almost two years
! ago."
Mrs Silbermester repeated her statement that
she identified the girl. but her tones were not
! so positive as they We're before.
"a ba -pX
Samuel Kominski was one OF the witnesses
called for the defence: He said that for SIX
years ne lived in the garnet of Hirschkopls
house at No 81 Norf)ik-st.. New-York. No
black parlor suit was ever stored in that CARER.
as Rosenbaum and two other witnesses for the
| prosecution testified.
District Attorney Backus conducted the cross
examination of this witness. and the examina-
| ton kept the courtroom in r0ars or laughter
! Kominski resented the attempts Of the District-
Attorney 10 pry into his private affairs, as ne
termed them and finally he exclaimed:
Il sell anything. from mosquito to an ee-
| plant, and can get you a good diamond Tihs'
too. II you want it,"
Mr. Backus modestly said that he had no
money for diamond rings just at present !.
When Julius Lester was called a murnlur OF
expectancy went around the room, for II has
been said that attempts were made by the
officials connected with the District-Attorney
office to bride Lester To give testimony against
Klein The witness said that Detective Weiser.
from Police Headquarters. called on him last
| Tuesday. and asked him whether In his business
|
ture from Norfolk or Suffolk SITS. New-lork, 10
a house in Johnson-ave, Brooklyn. The VIII"
ness told the detective that he did not remember
| but that his memory might be refreshed IL he
| know the number of the house Weser told him
that he was working In a store In Brooklyn ana
| that his firm could find out the number from
their books If the witness would come over the
next day His time would be paid for Lester
| consented t. go but when Weiser came for him
the next morning he was not ready Shortly
afterward a man whom he knew as Charlie Solo
! mon came to him.
A CONVERSATION RULED OUT.
What did he say to ycu?" asked Mr.. Elder
Mr. Backus was on his feet in instant and
objected to the introduction Of the conversation
unless it was shown that Weiser was present
Judge Hurd said that he would sustain the OBJ
Mr. Elder pleaded that he wanted to prove by
| the witness that Solomon as the agent and rep
| resentative Of Weiser had offered 80 10 tho
witness If he would consent to testify that he
| moved the black pdrlor set
Judge Hurd said that the same plan third
| outsider might he called to say that he was
employed by Solomon The testimony was clear
| ly inadmissible
III that is Your Honor's ruling" said Mr..
! Elder. Il have nothing to prove by this witness.
| Give me an exception.
I-nder DISCRIMINATION by the District-At.
torney the witness admitted that he had moved,
| furniture for Hirschkopf more than once, ana
that he had promised the Distrct-Attorney that
he would send one OF his men over to Brooklyn
| who might be able to remember the removal OF
! the furniture to Kein's house He did not SEND
! the man The witness said that he had seen Mr.
| Elder and James j. Doyle newspaper reporter.
| AT his house on Wednesday of last week. Mrs.
| Hrschkopf was also there. The witness identi.
| fed his signature TO affidavit which he said
| Assistant District Attorney Davis obtained from
! him The affidavit was not read. but was
| marked for Identification. In redirect examina.
| ton Lester said that he was subpoenaed to ap.
| near before the Grand Jury, and that when no
| went to do so. he was kept in the District-At.
| torneys office for three hours. He admitted tnae
Mr. Elder advised him 10 take his workman be-
| fore the District Attorney and said he had not
! done so because the man refused to go.
Klein himself was called and repeated the story
which he told on his first trial. He said that he
had not met Hirschkopf until week after tho
e. that no had never plotted the crime OF which