The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-04-10
WHISTON'S D[N|ALS
Witness in Colonial
Trial Contradicts His
Own Statements.

The third day of the trial of DR. Richard
Jahr, Undertaken William Neckar and
Thomas j. Kelly, for conspiracy 10
defraud the Colonial Life Insurance Com
pany, began in the Court of General Ses-
sions this morning with Anthony Whis-
ton, the graveyard" risk, who it is al
legged, was insured by the defendants, still
on the stand. Winston had been under
the fire of Lawyer Speer's cross examina-
tion since three o'clock yesterday after
noon. The features of his testimony are
his contradictions and denials of what he
testified.
In addition to Prosecutor Erwin. ex-
Judge Hoffman and Assistant Prosecutor
Vickers, Counselor Joseph NJ Noonan Is
assisting the State as counsel for the Col
onial Life Insurance Company. All are
this morning Disguised with the exhibition
the States star witness has made of him
SELF
In an effort to explain the discrepancies
IN his testimony of yesterday Winston
this morning said that his memory was
not good, and that his condition was due
TO the fact that while chopping wood one
cay he had accidentally struck himself
thfee times on the head with an axe.
Winston answers all questions readily,
but with total disregard of what he has
previously said. He appears to have alb
solutely no appreciation of what the de-
fendants counsel are aiming at, and in a
simple minded way replies to their ques-
tions as they want him to-
He said this morning that since the ad-
lournment of the case yesterday he had
talked over matters with Detective
Goetz who, with Detective Sweeney
worked UP the case for the insurance
company. Goetz told him he made a -
fool of himself, and he accordingly de-
e1ded to tell his axe story to account for
his lapses of memory.
He denied telling Dr. Nevin when ex-
amined by him that he was a hard drink
er i told him. said Winston, that
Wnen l wanted a drink / usually TOOK
Whlskey Witness admitted telling
uoctor in St Mary's Hospital that he
drank. but denied that he got drunk He
said his head bothered him and made him
say thlngs at times that he didn't mean.
"A great deal OF care was exercised py
the state in keeping Winston from COM
Ing IN contact with either the defendants
or thsir counsel before he took the witness
stand yesterday. His testimony, however,
must have been a keen disappointment TO
prosecutor Erwin and his associates, for
Its was generally admitted that his re-
Peated contradictions, when cross-examin-
ed by Lawyer Speer, materially weakened
the States case
Whiston's emaciated appearance cer-
talrly bore out the contention that he was
an inyalid. He is an illiterate character.
Winston said he was born in Gutten-
berg and was forty-three years old. He
had lived nearly all his life in North Hud-
son. He testified that he knew Kelly,
Neekar and Jahr. He met Kelly in 1900
and talked with him about having his
life insured. He has been in ST. Marys
Hospital five or six times and also in
various other hospitals. He went to the
hospitals because he had pains in his
arms and body. Winston testified that
he met helly and Neckar in the rear of
Neckar's undertaking establishment DR..
Jahr was also present on occasions
Neckar did not pay him wages, but oc-
casionally gave him small sums of money,
never more than 81 at time. Witness
said he broke his arm and quit work
He was examined by DR.. Nevin after
DR.. Jahr had examined him.
Necker told him that when he died.
Necker would give him a decent funeral,
put an American flag around his coffin
and hire a brass band. Kelly, the wit
ness said, often asked him how he felt,
subsequent to the making of the will.
Previous to the coming of Dr. Nevin
Necker told Winston to say he never was
sick in his life.