The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-09-24
ALBANESIUO' FATE.
Jury Out Several HOURS
After Hearing Judge
Hudspeth's Charge.
CONVICTION NOT LOOKED FOR.
The Dentist Accused of lncendiar-
ism Makes a Favorable Impress
sion as a Witness.
CONVICTION NOT LOOKED FOR.

Dentist Otto H. Albanesius, who has
been through three days ordeal in his
trial in the General Sessions Court for
arson, will know his fate today, that is If
the jury comes to an agreement. Opinion
differs among those who have listened to
the trial as to the result. Scarcely any
body can be found who thinks that the
defendant will be convicted. 1t is the
general opinion that if verdict is found
it will be an acquittal, and if not that a
disagreement will take place.
The court room was crowded again this
morning. On his arrival Judge Hudspeth
allowed postponement on some Orphans
Court cases and fixed time for hearing
others Then he thanked the jury for the
attention they had given to the case and
delivered his charge. After quoting the
laws bearing on the crime of arson the
Judge clearly and succinctly dissected all
the evidence in the case. The charge
throughout was logical and impartial. An
hour and ten minutes was occupied in
delivering it. The jury retired at 11:35.
Albanesius made an excellent witness in
his own behalf. He has the reputation
of being a man of extraordinary nerve
and he fully sustained that reputation on
u.
Judge Hoffmans questions without the
slightest hesitation. One of the morning
papers describes him as shedding tears
when he told about losing his cherished
diploma in the fire. So far from shedding
tears with any degree of profusion there
was not the faintest suspicion of moisture
in DR.. Albanesius' eyes. He gave his tes-
timony in a manner which would lead
anyone who did not know that he was
the defendant, to believe that he was a dis
interested witness. When he took the wit
ness stand he told briefly the~story OF his
early life and struggles. Albanesius was
born in this city twenty-nine years ago.
He has wife. a father and mother ana
nine brothers and sisters. After leaving
a public school he learned the carpenter
trade, but being ambitious he made up
his mind to study dentistry. He gradu-
ated from the University of New YORK
and in telling about that he said in tone
of pride: 81 graduated at the head OF
my class" Albanesfus met with phe-
nomenal success when he began to prac-
tice on the Heights He testified yester-
day that his income before the ire was
from $4,000 to $4,000 a year. Since his
indictment it has dwindled away and he
testified that he is now making scarcely
living expenses.
Albanesius accounted for himself during
the afternoon and evening of the fire. He
was busy in his Office all the afternoon
attending to his patients, in connection
with his assistant, DR.. Harris. At six
O'Clock he went to supper in kesslers
Hall He returned to his Office about
seven o'clock, and went to work again,
working until about $50. Then he and
his brother Paul played half game OF
pinocle. After that Paul banked the fire
in the furnace, closed all the windows,
turned out all the gas with the exception
of one burner, and they both left, the
house. Paul went to Union Hill and Al
banesius went to Tony Larsen's bowling
alley, where he bowled until about 1l:20,
when Larsen informed him that his mouse
was on fire.
very emphatic manner. He denied hav-
ing set fire to the house or having any
body else to set fire to it. He said that
he paid $4,000 for the house and spent
S., 900 in improving it. His dentists TOOLS
are worth between $1,000 and $4,000. The
State had proved that the insurance on
the house was $1,000 and on m the personal
The defendant denied that ne had writ
ten the anonymous threatening letters.
He made a strong. point in MS own favor
postal card which was written in Ger
man by declaring that while he could
speak some German he could neither read
nor write the language. Experts Ames
and Carvalho had testified that the pos
tai card as we'll as the anonymous letters
were written by the same man who wrote
the letters to Miss Beck, and to Fire In
surance Agent John E. Muller: Albanesius
also denied that he could write with his
left hand. One of the witnesses had tes-
tilted that he saw Albanesius writing
with his left hand, and the experts had
testified that the postal card was writ
ten by the same hand that wrote the
Beck and Muller letters. Prosecutor Win
field did not cross -examine the defendant.
Ex-Judge Hoffman summed up for the
defence and Prosecutor Winfield for the
State.
After the jury had retired this morn
ing, ex-Judge Hoffman took several ex-
ceptions to the Judges charge. The ex-
ceptions were noted and will be used for an
appeal in case the defendant is convicted.
Judge Hoffman had asked the Court to
charge that the testimony of experts is
of low degree, but he refused, saying that
the Courts of the State have not held
that 1t is, but that the value of it is to
determined by the jury.
N-o------