New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-06-18
KLEIN'S CASE HAMPERED.
EVIDENCE RELATING TO THE ALLEGED
CONSPIRACY EXCLUDED.
THE PROSECUTION CALL ONE NEW WITNESS AND
CLOSE THEIR CAsE-MR. ELDERS MANI
EXCEPTIONS TO JUDGE HuRDs
RULINGS AGAINST HIM.


EXCEPTIONS TO JUDGE HrRDs
RULINGS AGAINST HIM.
The prosecution rested yesterday just before
recess In the second trial of jacob KEN io'
arson in the first degree. and Robert II. Elder
Klein's counsel, opened the case for the deiehce'
1t is probable that the case VIII be given u '"e
Jury before adjournment tonight Ihe 'riaI -
before Judge Hurd In the County Court Inc
charge against Klein is that he set hre 10 HIS
house at No. "a Johnson-ave to get the ihsu'
ance on his furniture He Is indicteu jimmy
with Adolph Hirschkopf, who Is now III '"e
Tombs awaiting trial on n charge OF muroe' III
connection with another arson case. On 'he
previous trial OF the case the jury disagreed.
Froyme Fichdaelberg. a New-York clothing
cutter. was the FIRST witness called by the prose-
cutlon yesterday. He is new witness. VINO ola
not testify on the former trial he SAID that lie
had been in Hirschkopfs house with HirschKopl
and Klein and that the insurance policy scheme
was talked over. He took no part In the con-
vtrsation and only went because hleih to'o
him that he would hear Of scheme wnich
would relieve him Of the necessity OF WORKING
any more lie saw Klein afterward ana the de-
PENDANT told him that there was 10 be IRE at
his house that night
Mrs Sarah Silvcrmeister. who Is alleged 10
have applied the torch that fired kleins mouse
and who Is now serving term or twenty-five
wears IN Auburn Prison for arson was called
and told substantially the same story that she
told on the former trial. She remembered the
cav Of the IRE and said that she went TO Klein
house that evening with Rothman she sat IN
TIE kitchen with woman girl ana II oapy
who were there and hoffman went into the
bedroom. telling her that when he came OUT she
Was 20 cry Fire, When he did come out she
ord the other woman cried Fire" ana ran INTO
the street Later she met Rothman on the cor
rer. got 81 from him and went home
On cross-examnation the witness den'ed Una,
she Is guilty Of the crime for which she Is no"
imprisoned. AMI said she would Ike to be par
doned for the sake of her five children
Never Brenner and Joseph Braun told about
Tho came stories as on the former trial In the
cross examination Of Braun. Mr. Elder seemed l.
think tho, Dlstrict-Attorney Backus ana MS as
sistant Mr. Miles were trying 10 prompt 'ne
witness for he exclaimed:
ooh no. LET the witness he II he wants -. 1t
I, too late nov Mr. Backus to try to protect MIN
Whom tho prosecution rested. Mr.. Elder opened
the case ror the defendant. He made the same
charges OF conspiracy that were great part OF
The defence on the former trial. saying that II
Was n scheme O, Aiolph "einig. Joseph FOX
Rosenbaum ard others 10 secure the con'icu'h
~ Klein for private reasons Of their own MI
Elder said that Assistant Di-trct-Attorn'y
Miles and Wen,s were in conspiracy to convict
Klein G, az e. discredit any evidence when n"
might give for ex-Fre Marshal BENJAMIN Lewis
IN the suit cor 500 600 damages for alleged ialse
,rpr,sonmcnt which Wenig has brought against
Lewis When he had finished his opening ne
attempted 10 offer in evidence the paper, IN TINS
suit. but they were excluded N the objection 81
District Attorney Backus that conspiracy must
first be established before records all"gel 20 pear
on II could lie admitted. The papers were al
rn,,tel on the former trial ana Mr. Elder excepted
TO the Courts ruling.
Morris Dantznger who recommended ftlrS'h-
kopf to Klein az an adjust-r u hts los. by N"
fire was called and told the same story as that
given on the first TRIAL. and then Mr. Elder began
10 trace BY various witnesses tina Whereabouts
Of Klein on the day and night ~ the IRE to DIS
prove the statements II III. willingness for the
nro.ecutl.r, that he was In Ulrrchkoprr house.
The witness Krnkau-r. who Is important for
the defence because he says he was with Klein
almo., all the time after he LEFT his home In
this CITY until he started 10 return 20 II lat" At
night could not be found. and after several
witnesses had been examined Mr. Elder called
WAS Announced that he had been In the building
al | O'Clock Nr Elder asked FOR an attach
ment but Judge Hurd said that he thought IL
was probable that Krskausr will appear. and
denied tho motion.
Zacharias Schneider OF No l53 Ridgr-st. New
York WAS called, and Mr. Elder end"avored
10 prove by him that while Klein was In jail he
was bndg.red and threatened into making the
alleged confession which was offered In evidence
by the prosecution Mr.. Elder also wanted 10
prove that the witness himself had been threat
ened with arrest and Imprisonment II he should
testify for the defendant. Mr.. Backus objected
to the Introduction II any testimony along this
line however and, to the discomfort OF thF
defence II was excluded because Mr.. Elder had
failed 10 question the witnesses Kosenbaum and
Bremen about the matter. Schneider was not
even allowed to tell what Kosenbaum had said
TO him All this evidence was admitted on the
former trial and made a large part ~ the
proof relating 10 the alleged conspiracy against
Klein Mr. Elder tried In every possible way
10 get the evidence In. but Judge Hurd excluded
II each time. He was not even allowed 10 state
what ne intended to prove. but was told TO ask
questions and the Court would rule on them.
During the course Of the arg ment he took TWEEN
ty-~ix exceptions.
Schneider the last witness and when the
fight over his testimony ended the court
adjourned until this morning