New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-06-06
I'm JURY DISAGREED.
,r1xG OUT FOR THREE HOURS
, MEN WE'RE DISCHARGED.


r,cK on ASSISTANT DISTRICT
A. ATTORNEY NILES.
n,en. alleged to be tirebug and con-
e'' who has been on trial for areon in the
rllS,.s which means a life term OF impris-
." .or the last five days in the County
'nHe", -, his chair at o'clock yesterday after
QUIT vos led down TO the prisoners pen TO
'"n che verdict of the jury. The jury after
's'' hours elaboration reported that they
|e -, agree upon verdict and were dis
900 The Jurors voted eight for acquittal
., four against, ,o,u has .,ornono ,,s
'~ ,rsmendous one. He has heard witnesses
nrosecution themselves convicted GRIM
,mn,icate him In the grossest way in
~,..cv 70 burn his house at No. "A Johnson
~, the insurance that was upon the furni-
.,noueh his wife and little children were
,,ace. and must necessarily be in great
- He has heard an alleged confession
rs.,lns with himself In the plots OF IN
NI.,, Fire Marshal Lewis and others read
I,.rcs He has been upon the stand and
"a r,hout finching cross-examinaton IN
~, the prosecuting officer tried his best to
=. aovn his denial that he had made the
lesion IN question Yet throughout II all his
rs been calm and Indifferent, and the only
ten NJ nervousness was the constant
,rchng Of his fingers.
IN MORE TESTIMONY HEARD
-. .n,re session yesterday was occupied with
..,0m,ns I'D of counsel and the charge OF the
,..,s In the morning Assistant Dissatisfaction
r ~ y,ss who appeared for the prosecution,
", ..v.ral witnesses In rebuttal. but their
.,-.,v uas excluded. Then the case was
.S... and Robert II. Elder, who. with his asso-
.,,s Andrew F. Van Thun. has tried the case
-,h zeal which has caused much favorable
.,nmsnt began TO sum up for the defence. Mr..
v,.- aid IN opening that the verdict of the
.r as,snded upon whether they believed the
rv,, Rothman or the reputable woman Betsy
s,rzz-Rothman. who had promise of five
| ,.,s emu,utation on his sentence OF fifteen
rrSng Sing, or Betsy SchWarz. who was
....red and had no motive 1t was the
-, whe,her the fire was accidental. as
y, Shwarz said, or whether II was started by
,r-h as Rothman declared. Mr.. Elder at
.,.a the testimony Of the witnesses for the
rssu,ion: he attacked the alleged concession
rsss vas offered in evidence. He declared that
txsn had made the confession he lied when he
nan. he lied because he had been worked upon
With PROMISES and threats. When he was taken
he Dstrict-Attorney's office he was SICK anu
un,ble 10 eat so III that two doctors were called
h 70 attend him. 1t while he was IN that
y,apion that he was tortured by Fox and the
nbers present unit, he made statement Which
t.y could use against him and others VINO were
sore important. . .
II the statement was a voluntary one, SAID
Il a, Elder why did Mr.. Backus come l. me ana
III me TO use my influence with Klein 70 get an
ehs one? II this confession was secured in an
hasst way. why did Rosenbaum 60 70 Raymond
Fire, Jail and threaten and plead with Klein 10
make another?'
AN ATTACK ON MR.. MILES.
Mr. Elder reiterated his charge that the prose-
nti9r Of Klein was part Of scheme TO eXtort
EO0o from Benjamin F. Lewis.
This is the scheme" he said. 1T Is known that
Ysln made the complaint; on which Welnig wae
crested az the orders OF Fire Ma rshal Lewis.
lein Is the one disi2;erested witness VINO STANDS
N the way OF Weinigs suit for damages against
Nh. Lewis. MI Miles is Weinigs attorney. This
indictment was found by the first Grand Jury
after Mr. Miles became Assistant Distrlct-At-
torney and Weinig was the man who pointed out
Klein for arrest. Do you remember that this al
eged confession contains the points that were
necessary 10 them In that $4,000 suit? And why
did Mr. Niles try 10 dodge II and conceal the facts
from YOU? Was the same motive which impelled
NJ Miles TO keep Welng off the stand the motive
which made him prosecute Klein? Suppose You
were implicated in transaction, gentlemen.
winch made II necessary for you TO have the testi
mony Of professional hrebugs. would you not go
% the romts or Sing Sing for It? The characters
o. my witnesses remain unsulled. / ask you to
IeouAe this attempt 10 use a public Office for a
private gain"
MT Niles devoted a large portion OF his sum
nns up IN answering the personal attack made
apoa MN by Mr.. Elder. He said that the charge
~ ne was mixed up In a conspiracy to get
s"V~ out Of ex-Fire Marshal Lewis was an in
unous attempt to blacken his character
IN MS charge TO the Jury Judge Hurd charac-
NrNed the crime as a most atrocious one be-
asse i not only endangered property, but life as
va He said the jury was 70 determine whether
-. ~ nIe was accidental or incendiary. Rothman
~ uiuckInan he said. were scoundrels. Re-
suhs the confession. he told the jurors that the
y; question for them to decide was whether IL
~ 80 oeen made voluntarily or not. In closing he
.n NV. fou are 10 decide whether the District
sorhey, the Assistant District-Attorney and the
syuty-Superintendent OF Police have m!suseG
Msn" " '' '''' ~