The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-01-07

JURORS OBJECTIONS
Burger Murder Trial Re-
sumed Before Justice
Lippincott Today.
NO NEW EVIDENCE ADDUCED
Trial Postponed Late in the Day
Because Of a Jurors
Sickness.
NO NEW EVIDENCE ADDUCED

The second trial of Frank Burger for
the murder of John L. Engelbrecht was
begun at 2:50 P. N. yesterday and had
progressed as far as the conclusion OF
Prosecutor Winfield's opening address
when the court adjourned for the day al
five O'Clock. There was some difficulty
about selecting the jury. A special
panel of fifty had been drawn, but when
their names were called preparatory to
selecting a trial jury it was found tha
eight of them were engaged in the Miss
Kilburn suit. Two others were reported
sick, and one, it was said, had left the
city Lawyer Black objected to proceed
ing with the trial without a full panel.
The objection was overruled. As the
names We're called objection was made
to a large number of them on statutory
grounds, some because they had attained
the prescribed age of sixty-ive and
others because they had served as jurors
within three previous terms. The chal-
lenges for both causes attracted con-
siderable attention. because it has not
been customary to challenge jurors on
either ground. The result was that the
special panel was exhausted when only
ten jurors had been secured. One of the
names called was William J. Doll. Sr.
SHAC OOJONIC0 " Hill LII lie WIS
sworn, but as he walked over to take
his seat in the jury box he whispered
something in Mr.. Winfield's ear.
If your honor please said Mr.. Win
field, Mr.. Doll informs me that he is
opposed to capital punishment and wants
to be excused"
H cannot be excused now" said .Jus-
tice Lippincott, except by mutual con-
sent"
II am willing to excuse him." said Mr..
Winfield.
How is it with you Mr.. Black?" asked
Justice Lippincott.
I don't see that I nave anything to do
with excusing a juror" replied Mr.. Black
with a smile.
l suppose you want to hold him. said
Mr.. Winfield, because he has declared
himself opposed to capital punishment
MIR. Black smiled again, but said moth
ing. Justice Lippincott decided that Mr..
Boil must serve. After the panel had
been exhausted Justice Lippincott d.
reeted that the Sheriff draw twelve more
names from the general panel. Mr..
Black objected on the ground that the
statute requires that the defendant be
served with a list of the jurors two DAYS
before the trial. Justice Lippincott de-
clded that the statute does not intend
that two days notice must ice given
Taiesmen can be summoned at once and
the law does not require that there
should be "a suspension of the case for
two days after a part of the jury has
been drawn. Mr.. Black took an exception
to the ruling. When the jury was com
pletad Juror Doll stood up and asked if
ne was to sit on the jury. Justice Lip-
psncott assured him that he was and Mr..
Doll sat down with a look of resignation
on his face.
The jury are:-Herman Kressler. Daniel
b. Reilly, William J.. Doll, ST., James
Snanahan, Emil Bartes, Edward E. Earle.
Ezra Hawley, James R. Tompkins, Louis
Lemkuhi. Harry A. Williams. Matthew
Sheridan and Phineas S. Jacobs.
Mr. Winfield made an eloquent and
powerful opening address. He spoke of
some new evidence which will be pro-
duced. Producing the pocket knife which
was taken from Burger he said that
oIood ana cuticle had been discovered
on the point of it. That same knife Vas
used on the night of the murder in piay.
not understand except that the point Of
lie D.ade was thrust into a post The
POGO n cuticle We're our on it after
me game had closed, Indicating that tha
the murder. Il
The jury in the Burger murder trial
the night in the Hotel Washington Thev
Hao 1ne appearance of having been well
cared Tor. The trial was resumed prompt
~ at ten O'Clock, with Justice Iipnin-
cott and Judge Kenny on the bepch
me court room was crowded with nen-
PIE from Secaucus. c.. H. Broome, who
the diagrams he had made of the house
and me room in which the murder was
Caspar Engelbrecht. the murdered
mans father, who lives at No. SO7 WASH
angton street, Hoboken, repeated the fes-
tlmony he gave at the former trial. He
endeavored to show that somebody else
might. have had a motive to kill Holm
Engelbrecht on account of business
George Goodyear testified that tbe
musket with which Engelbrechtss skull
IS supposed to LAY been crushed was
Engeibrecht's was a double barreled
breech loader.
When Martin Teute was called Mr.
Grouse asked that Daniel Broder be ex,
Guided from the room. Justice Lippincoft
granted the request, and Broder went
INTO the rear court room. 'Teute testified
and Broder and Engelbrecht were in the
saloon up to nearly midnight. They PLAYED
cards, and a game in which Burgers
into a. post and a match, lighted at one
end, placed across it. The game was for
each man to walk up, partially blind
folded, and try to knock the match off
The partial blindfolding created an OBJ
tical delusion. Teute testified that dur.
ing the night Engelbrecht exhibited a
roll of money. and said he had taken
in $40 that day. Mr.. Winfield tried tc
get in the request which is alleged to
have been made by Engeibrecht to the
witness to remain with him all night
but Mr.. Grouse objected, and the testi,
mony was not admitted,
On cross-examination Mr.. Grouse tried
ITO get the witness to tell how many
drink he had taken that night. The wit.
ness became impatient and said it was
He looked as If he thought it a silly cues
tion to ask a man how many drinks 9
man had on any particular day. The wit.
ness testified. as he did pt the previous
trial, that when he and Broder left thu
saloon and started up the Paterson. Planl
Road, TO go home, Burger was stand.
ing on the stoop. Mr.. Black put the
witness through. a severe cross-examina
ton. He questioned him about a tri1
in Virginia with a saloon keeper named
Michael Walsh. the object of it was
not made apparent.
Coroner Volk was called next and tes
titled about the inquest. There was nj
cfange in his testimony. William Han
nan, the Coroner's stenographer, testi
fled about the testimony taken at thu
inquest. He took the testimony in shor
hand and afterward made a copy of i
statement to him in the jail, read It tt
him and Burger signed it.
This afternoon Henry A. Williams
ore Of the jurors. was taken sick, ant