The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-02-16
ROSENBERG'S NEW TRIAL
THE THEATRICAL MANAGER WILL
BE PROSECUTED AGAIN.
the JourDaI-The Grand Jury In
dictments.

Judge AIcCray. of the Criminal Court, has
concluded to grant a new trial in the case
of Max Rosenberg, the thea trical man who
was convicted of bigamy three weeks ago
on the testimony of Blanche Louise Mitch
ell, a Chicago fire dancer" Rosenberg
was tried by jury and found guilty. His
sentence was fixed at six months in the
county Jail, with a fine of $500 assessed.
Herod & Herod, attorneys for the accused,
at once filed motion for new trial. which
was sustained in ruling made by the court
yesterday.
The court, in passing on the case stated
he was of the opinion that the certificate
of the clerk and judge of Cook county, Illi-
nois. introduced by the state to show the
legality OF the first marriage of Rosenberg,
is defective because of the fact that the
court officials failed to certify that Charles
B. Martin, who is alleged to have solem-
nized the marriage, was an officer having
authority to unite persons in marriage.
There was no proof that the laws of Illi-
nois require such records to be kept, or
that such marriage was according to the
laws of the State" the judge said.
One of the reasons advanced by the court
for granting a new trial was based on the
publication of Blanche Louise Mitchells
STORY during the trial of the case. In
this article letter from the superintendent
of the Philadelphia county prison to Attor-
ney w. w. Thornton was given full pub
licity. Prior to the trial Mr. Thornton, who
was representing the state in the prosecu-
ton of Rosenberg, forwarded a photograph
of the prisoner to the superintendent of the
county prison at Philadelphia. The super
intendent wrote to Mr. Thornton that the
features of Rosenberg were recognized, and
he believed the man had been an inmate of
the prison. On the witness stand Rosen-
berg denied ever having been in Jail, and
the court ruled that the state could not in
trOduce the letter. On the following morn
ing the letter, obtained by reporter, was
printed in the Journal and the attorneys in
their motion for a new trial dwelt this
fact insisting that the jury must have
familiarized themselves with the contents
of the letter by reading the Journal The
attorneys are sustained in this contention
by the court who SAYS: Il am constrained
to believe that the letter alleged to have
been written by the superintendent of the
Philadelphia county prison and published in
the Journal exerted an undue influence
upon the jury"
This case will be tried again" said
Prosecutor Wiltsie yesterday afternoon,
land it will be tried good and strong"
''We'll try the case again and make that
fellow snort remarked Attorney Thorn
ton. Blanche Louise Mitchell stands
ready to come back here at any time and
give testimony in the case
Rosenberg rs alleged to have married the
Mitchell woman in Chicago in November,
1896. She is known in the theatrical profess
sion as a fire dancer Miss Mitchell is
twenty-three years of age. In March, 1897,
Rosenberg was married in this city to Miss
Jessie Crawford, who had formerly been
employed at the millinery trade in Chicago,
but who at the time of her marriage was
engaged in the vaudeville business: She and
Rosenberg were married here while per-
forming with Sherman & Morrisy's Jay
Circus