New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-06-16
KLEIN ON TRIAL AGAIN.
SEVEN JURORS SECURED IN THE CASE OF
THE ALLEGED FIREBUG.

EXFIRE MARSHAL LEWIS AND THE OTHERS IN
pIcTED WITH HIM TO WAIT UNTIL NEXT
MoNTII-MR. BACKUs TO CONDUCT
THE PROSECUTION PERSONALLY
Jacob Klein was placed on trial in the County
Court Yesterday, before Judge Hurd on an In
dIctment charging him with arson In the first
degree. This Is the second trial Of the case.
When II was tried few weeks ago, 1t occupied
almost one week, and resulted in disagreement
OF the Jury Klein is the first Of an alleged
gang Of hrebug, TO be placed on trial IN this
county. and the Distrct-Attorney decided wnen
the other trial was ended to try him again before
any other similar case was tried.
The cases OF ex-Firc Marshal Benjamin r.
Lewis ex-Detective Zundt and Deputy Fire Mar
shall Robert Rice were also on the County Court
calendar Yesterday. They We're jointly indicted,
charged with conspiracy in connection with the
alleged firebug cases. and the trial OF the charges
against them was peremptorily set down LOT
yesterday on the application of Mr.. Lewis nearly
a month ago In the County Court yesterday
General Tracy appeared for Mr.. Lewis Jesse
johnson for Mr.. Rice. and ex-Assistant Distrc'-
Attorney John Clarke for Zundt. Dlstrlct-At-
torney Foster i. Backus called Klein TO the Dar
for trial. and then General Tracy said:
IT am here in pursuance Of an order OF this
court Mr. Lewis made motion nearly month
ago TO dismiss the indictment against MIN LOT
lack Of prosecution. and after hearing the case
the Court set the case down peremptorily Tor
to-day"
81 appreciate the necessity OF promptly DIS
posing OF all the cases that come before the
Court" said Judge Hurd but the Court mas
been greatly embarrassed in the disposal OF cases
BY the fact that during the greater part OF the
time there has been only one courtroom 10 "o'N
in There were 200 Jail cases awaiting Ulai'
and sitting night and day. we have been unaoie
10 catch up There are now forty cases In the
tail which have not been tried. We intend to hold
two psrts of this court In July and to dispose Of
all the iau cases and take up some Of the bail
cases. ! will not try any bail cases TINS month";
but will set this case down for July ~ That
is the best / can do under the circumstances
II only know what the order Of the Court was,
said General Tracy Il have prepared my case
and | supposed the order was to be obeyed.
There was an awkward silence for few
minutes, and then Judge Hurd said: "Weh,
will make no other disposition OF the case Iha'
is the best can do under the circumstances
General Tracy went TO his seat. and Jesse
Johnson said that he would ask for separate
trial for his client. Rice.
Mr. Backus said that he would oppose any such
application. and that II the cases were set down
for July a motion should be made In proper
form so that the Court might paes upon H.
General Tracy came forward again ana said
that he intended to make motion for the re-
lease Of his client. on the ground that there was
not enough evidence against him to mold him.
He would like the Court TO grant him an order
permitting him to see the minutes OF the Grand
Jury Judge Hurd said he would do so, and Mr..
Clarke said that he would like a similar order
for his client.
There IL no necessity for any order or the
Court" said Mr. Backus. The minutes can be
seen al any time. No application has been made
to the Dstrict-Attorney yet
Counsel sSn!ied their assent 10 this PROPOSE
ton, and then the examination OF talesmen for
the jury to try Klein proceeded. District-At-
torney Backus conducted the case for the prose
cution. instead Of his first assistant. Mr. Miles,
who appeared on the former trial. and Robert
II. Elder and Andrew +. Van Thun appeared for
the defendant.
Seven jurors were obtained before the court
| adjourned until to-day. They were Theodore
| JTlhon. Edward J. Cantwel Charles F. Foster.
/ Emil Rosenbaum John s. Hobby. Thomas b.
Kelsey and Albert Sauer