The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1900-03-22
BRUNNERT TRIAL
Young Motorman Accused
Of Numbering Saloon
keeper Schmidt.
THE WIDOWS TESTIMONY
She Did Not See the Shot
Fired But Saw Her Hus-
band "Shrivel Up"


man, who killed Nicholaus Schmitt, an
aged German saloonkeeper, at No. LISA
Summit avenue, on Christmas morning, is
on trial for his life today in the oyer and
Terminer Court He is represented by
Lawyers Isaac Goldstein and Alexander
Simpson. Prosecutor James S. Erwin is
conducting the case for the State. The
trial Is not attracting much attention.
Justice Lippincott arrived shortly before
ten o'clock and took his seat on the
bench a few minutes after the ringing OIL
the bell announced the opening of court.
He was soon Joined by Judge Blair, ana
Justice Lippincott announced that the
case might proceed. The following jury
was selected with very little difficulty:-
Edward Dunn, Thomas Egan, Thomas
Herman, James d. Bogie, Eugene Frank,
John Neider, John Folk, John Pagan,
John Dillon, Henry. Hansen, Samuel c.
Sharp and Charles McGovern.
Prior to the selection of the jury Mr..
Goldenhorn made a formal challenge to
the entire array on the ground that the
law of 1897 under which it was drawn was
unconstitutional. In counties of less than
200, ,O00 inhabitants the Court of Common
Pleas is empowered to draw a jury and
the law thus deprives the Sheriff OF MS
constitutional prerogatives Mr. simpson
added that the law is violation OF the
Federal Constitution. The challenge was
offered solely for the purpose of laying a
foundation for an appeal and Justice Lip
pincott overruled it and granted an ex-
ception.
Prosecutor Erwin, in his opening ad-
dress to the jury, gave a brief history of
the shooting He said Brunnert and some
others were in Schmitt's saloon. About
2.39 A. M. on Christmas Day Schmitt ex-
pressed a desire to close up and every
body except Brunnert left. He was sit
ting at table asleep. Mrs. Schmdtt and
her son Martin heard the noise of a
scuffle in the saloon and came out from
a room in the rear of the bar room. They
assisted Schmitt to eject Brunnert. After
being elected Brunnert returned and shot
Nicolaus Schmitt through the heart, caus-
ing instant death. Brunnert went to his
home in Secaucus and was captured there
by the police.
Architect L. H Broome was called as
the first witness and explained dia-
gram which he had made of the premises
in which the shooting occurred. He said
on cross examination, that all parts OF
the saloon could not be seen from the
bed room in the rear.
Michael J. Enright, of No. 191 South
street. testified that he and some friends
were in the saloon. His friends were
Louis Chaudran and Sydney Mash. Mar
tin Schmiott was with them part of the
time. They were sitting at a table talk
ing and drinking beer. The witness saw
Brunnert enter the saloon, walk up to
the bar and order a glass of beer. He
drank about half the beer and then hear
ing a car coming along ran out to catch
it. Brunnert returned in a few moments
and finished his beer. He leaned against
the bar and ordered another glass of beer
Then Brunnert sat down at table and
was sitting there when witness left. Brun-
merit seemed to be sound asleep.
Louis Chaudran and Sydney Nash cor.
roborated Enwright's testimony. Mash
said that when he was leaving he saw
the old man come from. behind the bar
He went over to the table where Brun-
merit was sleeping and tried to wake him
m. Brunnert had his feet stretched ur
and Schmitt touched the sole OF his shoe
with his foot, saying: Come, wake up
.
seem to wake up, and was still sitting al
the table when the witness left the sa-
loon
Angelica Schmitt, widow of Nicolaus
testified that her husband was tifty-foul
years old. On the night OF the snootins
Mrs. Schmitt was awakened by nearing
her husband call Martin three times
Then he called her. The witness WOKE
~ Z told Martin" she said. "to go ou
into the saloon / didn't go out myself
I remained in bed. Afterward l saw my
husband at the front door. Brunnert en-
tered and my husband tried to close th'
door. Martin came in and Brunnert fol
lowed right behind. Brunnert reachet
over Martin and fired the pistol. can
saw what my husband did after that.
went into the bedroom and put on som'
clothes When I came out again my hus
band was standing about two feet from
the bar AS I walked over to him ne rel
down. I caught hold of Brunnert by thu
coat and said, You have murdered my
husband [ saw the revolver in Brun
merits hand as he entered the door,
The broken pieces of a club We're showf
to the witness and she said she had never
seen them before. Her husband Kept
small club behind the bar.
On cross-examination the witness sale
that her husband shriveled up after h
was shot He didn't fall to the floor a
once. She went into the bedroom to pu
on some clothes and when she returned
her husband fell. That was about fiv'
minutes after he was shot. She didn't SCI
her husband use club and didn't SCI
him do anything to Brunnert. Drummer
had a little blood on his face.
j .-tsI1