New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-06-02
The News OF BROOKLYN
IN TRIAL FOR ARSON.
FIVE JURORS SELECTED IN THE
KLEIN CASE.
,,so>rR TAKEN ILL IN THE AFTERNOON
AND THE EXAMINATION OF TALEsMEN
ADJOURNED.

,v1soNER TAKEN ILL IN THE AFTERNOON
40, THE EXAMINATION OF TALEsMEN
ADJOURNED.
x,ain was placed on trial in the County
before Judge Hurd yesterday. on an IN
Wv charging him with arson In the first
" KIen's case has attracted considerable
s.,.r because 1t is claimed that he has been
'.,,sd with an alleged gang Of firebugs. and
,,nctments against ex-F4re Marshal Lewis
-" ..x-Detective Zundt for conspiracy relate to
, With which Klein is intimately connected.
-. u Elder, the counsel of the accused man.
N''N ~ these charges. and says that his client
" ,-c,irn Of a conspiracy. Only five jurors
obtained in yesterdays session, and the
W., - the case Is likely to occupy the greater
~ - the week. The charge against Klein IS
-, no set fire TO his taior-shop. at No ~ john
ava on June 30. 1894. to get the insurance
.,s furniture and goods which he had there.
~. ,oss after the fire was adjusted by Adolph
,,...bkopf and the affair did not receive par
',,or attention until some time later, when
49,, vent TO Benjamin F. Lewis, who was then
60 MARSHAL. and told him that he had been
,.,.o, nv a man named Weinig. who had repre-
...,od himself as an assistant fire marshal. and
,.,oraed $50. saying that he had been sent by
~. rAuis that there we're suspicious that the
uos ~ ncendiary origin. and that Klein had
....., nav up The defendant refused to be
.,..,,rsusd and went to Mr. Lewis. On Klein's
'.~,nl.,nt Weinig was arrested by Detective Zundt
.,a taken before Justice Tighe. but as there was
=, evidence against him other than that given
10 Klein he was discharged.
yo,hinq further happened in the case until
r.,rary % last. when the Grand Jury indicted
v.r for arson in the first degree. He was In
pO.selphia. and was brought from there and
-s,sned in the County Court on March I. After
az nlsa Of not guilty. he lay in Jail until few
,.sts ago. wher his lawyer. Mr.. Elder. brought
,, hs,ora tho Sunreme Court on a writ of habeas
yruus and asked for his discharge on the ground
ina, hs had not been tried within reasonable
TINA The writ was dismissed. but Justice Gay
~, the case down peremptorily for this week
In the mean time Mr.. Lewis and Detective Zundf
have been indicted for conspiracy, ana the tridu
otLewis is set down for next week.
Klein took an active interest In all the pro-
osdngs yesterday. He is a small man with a
oo,nted brown beard, and he manifested ex-
IRENE nervousness during the most OF the SEES
SION The examination of talesmen was con-
Quoted with extreme caution. and the questions
asked them were Oh d erdiNH'ib N""i"~N~''
Frank Mayer, OF No $40 Hancock-st.. was the
first man called Assistant District-Attorney
Niles who conducted the prosecution. asked nun
n the fact that one of the witnesses for the
prosecution was ir the pententiary. another was
in the Tombs awaiting trial for murder, anc
third was an nformer, would influence MS oplh-
ion as to the value Of their testimony. Inc
le.esman replied that II would depend on CIR
cumstances He was excused after an examina-
ton by the defence Three Jurors were accepted
before recess They were George c. Leverich.
cashier Of No la Madison-st.: John Cox, No.
"A Union-st. and Willard X. Ames. No. 3IS Nos
trand-ave.
After a recess which lasted until go o'clock.
the examination OF talesmen began again. Mr.
Elder had prepared a hypothetical statement
from which question was prepared and asked
Of every man called 10 the box. This was the
statement A hypoth isis OF delinquency should
flow naturally from the facts proven and be
consistent with them ALL The evidence must be
such as to exclude to a moral certainty every
hypothesis but that Of the prisoners guilt Of the
offence imputed 10 him In other words. the
facts must BE- consistent and point 10 his guilt
not only but they must be inconsistent with his
innocence" There were few Of the taesmep
vto understood the question which Andrew +.
Van Thun, who assisted Mr.. Elder, put 10
the witnesses During the afternoon three more
iurymen were obtained. They were Thomas
Jefferson, Of No. 60 Vermont-st.: Joseph r. Tay
lor Of No. IS Quncy-st., and Walter NJ Conrad.
OF No 553 Quncy-st.
While the last juror was being examined.
Klein began 10 become uneasy and fixed his gaze
on the floor II TO steady himself Judge Hurd
noticed that he was acting peculiarly and asked
him If he i'll. The prisoner replied that he
was. ard the trial was suspended while he
taken down 10 the pen below stairs. There he
became worse. and IL was found necessary 10
take an adjournment until this morning.
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