The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-01-28
BURGERS ORDEAL
Third Trial for the Murder
Of Saloonkeeper En-
gelbrecht.
STATES WITNESS REFUSES TO APPEAR
Interesting Collection of Invalids
as Struck Jurors-Mr. VIM
fields Opening.
STATES WITNESS REFUSES TO APPEAR


As was anticipated, the third trial of
Frank Burger for the murder of Saloon
keeper John F. Engelbrecht at Secaucus
on May 6, 1895, was beset with difficult
ties from its inception. When Prosecu-
tor Winfield called the list of witnesses
Daniel Broder. one of the most impor-
tant Witnesses. failed to answer. Then
Mr. Grouse challenged the array of jur-
ors on several grounds. After that came
the selection of a panel out of the
twenty-four struck, and there was never
such a collection of invalids in the Court
House at one time before.
When Prosecutor Winfield moved the
case Mr.. Grouse informed the Court that
George e. Bellamy, one of the struck
jury. was dead. He died at his home.
No. 23S Summit avenue. on July 8, 1893.
For the reason that Mr.. Bellamy is dis
qualified for jury duty Mr.. Grouse chal-
lenged the array.
Justice Lippincott said that the Court
had no official knowledge that Mr.. Bel
lamy is dead, but if the State would
concede the fact the matter would be
taken into consideration. Mr.. Winfield
shook his hand. indicating that the State
didn't propose TO concede anything. The
Court decided to go on and select the
jury out of the remaining twenty-three.
Mr.. Grouse took an exception and pro-
ceeded to read a list of his other grounds
for challenge. The principal one was
that the names of the struck jurors We're
not transcribed by the Court in the pres
ence of Burger or his counsel. Justice
Lippincott overruled all the challenges.
Mr.. Grouse then said that Daniel Bro
der, a most essential witness. had not
mo r@1 I'D G--1 %1-+ l. =
tense ought to proceed to trial without
him. He was a States witness and is
now in Virginia. The State had let him
go after the last trial and now fails to
produce him.
Mr.. Winfield said that when Broder
was released he promised to come back
when he was wanted. and the State had
done all it could to bring him back. The
State. he continued. has no more juris-
diction in Virginia than the defense. Mr..
Grouse suggested that the State had
brought him back before. Mr.. Winfield
denied this. saying that he came back.
"Didn't Feeney bring him back ?" ask
ed Mr.. Grouse.
NO. answered Mr.. Winfield, she
came back with Feeney.
Justice Lippincott said the Court felt
that Broder is a very essential witness.
AT the. previous trial he contradicted a
material fact sworn to by Martin Teute,
another of the States Witnesses. His
testimony, therefore. is very important,
but the Court would not say to which
side.
I've done everything I could to bring
him back, said Mr.. Winfield.
What did you do?" asked Mr.. Grouse.
Write a letter?Y
..Yes."
NJ. Grouse stated that after the in
terruption of the previous trial Broder,
who with Teute had been under bail be
fore, vas released without bail, while
Teute was put under bonds again.
THE witness should have been kept
here" remarked Justice Lppineott.
Il have been under SO much expense
IN this case" answered Mr.. winfield,
Justice Lippincott suggested that Bro
might be used at this one SO. far as it
had gone if the State consented.
II viii consent on one condition." replied
Mr.. Winfield. and that is that the State
Pc "a allowed 9 = a. to use the evidence given by
the witness who died before the first trial.
Mr.. Grouse said that the proposition was
would be taken that M injury will be
done to the defendant by the absence of
Broders testimony. and directed the jury
completed, a startling array of invalids
presented themselves. Maxwell Aber-
nIethy. Edwin F. Manser. Charles W. Al
len. and Thomas Coogan were challenged,
and the smile which. spread over their
faces was not one of dissatisfaction or
disappointment.
Isaac F. Bloodgood Informed the Court
that he is opposed to capital punishment,
thinking that would excuse him from serv-
s ABUSED Us 3 his MIND I' RoWeper te faleki HIM t qlat
he was to find a verdict according to the
into eonsid ana IIthos mr. taK BIoggdg sne pen soay
his seat in the Jury box
duty. He is troubled with a variety Of
diseases. He was directed to stand aside
f Henr a Harkiins. T Wbo a alsd nrd iayalid n Tas
sician's certificate that he is not fitted for
duty. He Joined Mr.. Burtis. Richard
Galbraith declared that he had been III
six weeks and that he still has a severe
cough: He emphasized the statement by
aside. George rye A. Bennett Twas Was excused Gus d'f bel
cause of illness in his family. his wife be-
ing very sick. John E. Reed offered no ex-
somebody suggested that he was deaf andAl
allowed tosstand aside because be IS Sub
was called but, of course. did not re-
spond. The jury as finally selected are:
alters . montgomery. Rollln e. TuS- |
sey, Isaac F. Bloodgood. Thomas H. Nc
Palmer Campbell, William ].
Dynan, Ephraim B. Runyon. William
H. Beach,, Benjamin r. Hallock, John
Edmunds. Emmett Mcbride and George
Butt.
Mr.. Winfield opened the case for the
State, telling the story of the murder as
he has done twice before. The driver of
a beer wager found Englebrecht on the
floor of his saloon with his skull crushed |
and his throat cut. The body had been
and the money taken out of the
drawers at the back of the bar. Martin
Teute, Daniel .Broder and Frank Burger
spent the previous afternoon and evening |
games. Teute and Broder went away
about midnight. Burger says he went
also, but this the State denies.
Witnesses saw h i'm in the saloens with En-
drinking and saw him and En-
go upstairs. Burger carrying a
glass. of beer for Louis Bauer who was
there
Casper Engelbrecht. the murdered mans
gave the same testimony he gave
on the previous trial. He said that when
saw Burger the morning after the muir |
he felt like shooting him He thinks
he would have done 1t if he had had al
pistol Coroner Volk was being cross
examined at recess
NIAGARA SOCIAL CLUBS BALL.