New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-06-26
TO DISMISS INDICTMENTS
DISTRICT ATTORNEY WILL NOT Phooh-
CUTE LEWIS ZUNDT OR RICE.

CUTE LEWIS, ZUNDT OK hINH-'
HE HAS WRITTEN TO THE COUNSEL. OF THE
MEN. SAYING THAT HE WILL TAKE SUCH
AcTIoN-REAsoNs FOR THE STEP
KLEIN MAY BE SET FREE
District Attorney Backus will ask to-day proba-
bly, though he may wait day or So to have the
indictments against former Fire Commissioner
BENJAMIN Lewis foEmer Detective George Zundt
and former Assistant Fire Marshal Charles Rice,
for their alleged connection with the conspiracy
falsely to prosecute David Weinig. dismissed
That Dlstrlct-Attor,ey Backus had made up his
mind to this dismissal was first learned yester-
day. when letters containing his decision were re-
ceived by Benjamin + Tracy, John f. clark ana
Jesse Johnson, COUNSEL respectively FOR Lewis
Zundt and Rice. In this letters Mr. Backus gives
as a reason for his determine ton that II would De
impossible for him To prepare the cases LOT tr'ai
before the summer vacation; that one OK the VIII
nesses without whose testimony a convcton
could not be expected, Is Ill and confined IN nos
p.tal from which ne Is unable to be brought for'h
and placed on the witness stand. and that the
nature of his disease, is such that his recovery is
improbable Mr.. Backus further states that Judge
Hurd had said that the indictments against these
brought TO trial before the summer vacation sets
in. Therefore, the Distrlct-Attorney says he has
come to the decision that he will consent 70 such
dismissal.
Yesterdays letters from the District-Attorney
were preceded day or so before by another batch
., letters which stated that he had about decided
10 take this action
The arrest OF Lewis Zundt and Rice early In
March last and their Indictment on March ID.
caused 4 great surprise in Brooklyn. They were
charged with a conspiracy in connection with
Jacob Klein the oh pct OF which was to crimi-
nally prosecute David Weinig who was In the
employ. at that time. OF the city, helping several
members of the detective force In gathering IN
some of the gang Of 1irebugs that infested New
York and Brooklyn several years ago. Hirsch-
kopf of New-York. was alleged 10 be at the head
NJ this gang whose method was to insure houses
In New-York and Brooklyn. then send certain OF
the conspirators TO set fire 70 them. and 10 col
let the insurance. Hlrschkopf usually attended
10 the adjustment and collection, 1t was charged.
Information was given by some OF the gang to
the New-York officials, and prosecutions began
which resulted in toe conviction OF seven per-
sons Some OF the accomplices Of the firebugs
were used in these trials as Witnesses some be
fore they had been arrested. and some after
ward No arrests were at first made In Brook
fires was begun. and Weinig. who was well ac-
quairted with some Of the iirebugs was engaged
to cooperate with tie police in shadowing some
Of the suspects. Fire Marshal Lewis reported
that most OF these i.rookyh nreS were Tree irolH
suspicion of arson.
HISTORY OF THE CASE.
Weinig was arrested in NcwYork and charged
with burglary. but he discharged. Almost
Immediately aftcrward he went before the Grand
Jury and began 10 give information against the
nr.hugs The next day after he did this he was
arrested on the complaint OF Jacob Klein. the
man who has Just been tried second time, on
charge ~ arson. At this time Klein preferred
a charge of blackma!lng against Weinig' ana
said that he had represented himself a. an AS
sis'ant Fire Marshal. and threatened 10 have
Klein arrested FOR his fire n he dii not pay 900
- fh. Flra Marshal through Weinig After
Klein sw,r,. - the complaint against Weinig. on
which Tudg, Walsh issued the warrant FOR ms
arrest early In l-?i and held him for the Crane
Jury. Klein was asked 10 give description OF
tho man he was charging with hlackinalI. Inc
s..scritf ION he gave did not correspond with that
~ Welnlr Lewis and Klein both testified
against Wclnig before the Grand Jury. but that
bn5v refused To indict
Lewis was connected with the alleged conspira-
cv through allegations by the District Attorney
Office tha. Dee had sent for persons VINO mad ma
suspi ,!ous free t0r witch they had been arrested
and requested them - testify that they. too. mad
to.r blackmallcd by Weinig. or that Weinlg had
attempted 10 blackma.l them. The attempt was
made a. connect Znnf and Rice win 'he aiIeg'"i
-,ns:ii,i.y by the allegation that II VAS they VINO
brought Klein and the vther witnesses to Lewis 10
Aid in the prosecution ~ Wefnig.
After Weng's prosecution fallc' JACOB hl'.n
n.1 :, T,hlla lclphia where he was arrested ana
brought back - Brooklyn. He was al-o charged
With ,-,r.,,.l-fng against Weinlg. and Lewis
Zundt Rice and Klein were all indicted. LOWS
Zunli and Rice made Hight n the proceedings
nom the nrst and claimed that II was forced IN
1irmcnt All three OF them professed 10 regret
N. ,1sion 81 the Dstrct-Attorney To DISMISS
IN. indictments against them l.e Vis mas spent
already I'm olunscl fees about S3VW. II ~ sal'
and ZIn,s has spent $500 These men say that
what they wanted was vindication. ana not
1ismiesal They say that they feel that IN" result
~ trial would have been verdict In their iaVoT
KLEIN MAY BE FREED.
As the alleged conspiracy with whch THESE men
vere charged with being connected hinged on the
testimony that vas developed in the two triaIs ot
Jacob Klein II vac the general belief that the
failure 10 secure his conviction could not Du' he
followed by the dismissal OF the other chaIs's
When n Tribune reporter called on blsrlc'-A',
torncy Rackus yesterday ne was much surpri4ed
that his Intention 10 dismiss had been MADE pup,
IT, and refused 10 discuss the case. IL Is sai'
ahnut the pistrict-Attorncys ONCE that Mr.
pac<us intends t. attempt 10 get "A cohNlctlvn
against Klein on a third trial probably next IAN
Rut there are others who think that the dismissal
~ the indictments against these three men VIII De
followed Few weeks later by the dismissal vi the
ipdl agalTrt Klein.