The Jersey City news., 1901-04-08
INSURANCE
FRAUDS.
Trial Of Neckar, Jahr and
Kelly Begun Today Be-
fore Judge Blair.
ERWIN TO PROVE CONSPIRACY
Long Wrangle Over Ad-
mission of Documents to
Evidence Consumes
Time.
ERWIN TO PROVE CONSPIRACY

taker William Neckar and Thomas Kelly,
all of Union Hill, on an indictment charg-
ing them with conspiracy to defraud the
Colonial Life Insurance Company, was
begun before Judge Blair and a jury
in the Court of General Sessions this
morning. Prosecutor Erwin was assisted
by ex-Judge William T. Hoffman and
Assistant Prosecutor vickers in present.
ing the States case. The defendants were
represented by Counselors James A.
Gordon. William H. Speer. Jr., George A.
Ryerson and ex-Assemblyman ]. Emil
Walscheid. Gordon looking after Neckar's
interests. Speer appearing for Kelly, and
Ryerson for Or. Jahr.
Considerable difficulty was experienced
in obtaining a jury, both sides challeng-
ing many of the talesmen called, but the
following panel was finally sworn:-Ed-
ward T. Beach, Bernard McMullin, John
w. Burke, w. Plattner, Michael Emory
James Allen. Charles Quinn, John A
Young, Thomas Lee Charles Muirhead
John ]. Murray, William Vaughn.
Many North Hudson people were among
the spectators in the crowded courtroom
when Prosecutor Erwin began his OPEN
ing address for the State. He said that
the case against the defendants was Of
an unusual character, though the charge
Of conspiracy was not new one. The
indictment the Prosecutor said, charged
hat on or about January 26, 1900, the de-
PENDANTS entered into a conspiracy 10
defraud the Colonial Life Insurance Com
pany. The offence alleged was the OBJ
tanning of a policy of insurance ON the
life of one Anthony Winston on the rep
hat he in ho1 w
health and was good risk.
''On January 26,'' he said application
was made for what is known as an indus
trial policy for s4sS. Kelly, as the agent
OF the company, recommended the risk as
a good one. and on the eighth of February
Winston was examined by DIR. Jahr and
passed and on February 26 a policy for
Sz45 was issued on the applicants life. On
March 19 Winston made another appiica-
ton through Kelly for an Ordinary m
suTance policy of 81 900, on which quarter
ly payments of ss.53 were to be paid. He
was again recommended by Kelly, passed
by Dr. Jahr on March % and the policy
issued on March 27.
The State will prove that Winston was
not in the condition of health that Dr.
Jahr said he was in when he was passed
In fact, he was a confirmed invalid. A
great deal of his life had been spent in
hospitals, a part of the time under treat
ment for consumption.
THE State will show that Jahr, Neckar
and Kelly were intimate friends and that
Jahr's examination of applicants for in
surance recommended by Kelly was so
easy that any of them would pass. 1t
TYill be shown that other risks were
bought in where the company lost large
sums of money through the death of the
insured.
Winston was insured but few months
when the operations of Jahr, Neckar and
Kelly were discovered. On December 5
the company returned to Winston the
amount of premiums paid on his policies
and cancelled the same. The checks on
which these payments were made were
passed through the bank by Neckar and
credited to his account.
1--WE will show that Winston at diff
ferent times had ben a patient at ST.
Mary's, Christ and other hospitals and at
the Loomis 'Sanitarlum for Consumptives.
He was an inmate of one of these hos
pitals at the time he was supposed to be
insured.
.'Whiston, who worked for Neckar
made will in which he left his insurance
and also his body to Neckar, who had the
premiums.
1t will be shown by the State that al
the time of the alleged examination OF
Winston by DR.. Jahr, the former was
dressed in a sweater and was boxing in
a stable at the rear of Neckars establish
ment. When the doctor came there
Winston naturally seemed little out OF
Wind from this exercise. DR.. Jahr ther
made superficial examination, tapping
him on the chest and asking him to cough
a little. There were large number OF
questions on the application blank to be
answered and filled out. These were not
asked, but were filled out by the doctor
himself
Lawyer Speer interposed an objection
when the Prosecutor stated that the Com.
pany's investigation of the Winston mat
ter had disclosed numerous similar cases
of the same character in which the de-
PENDANTS were interested. The Prosecu
tor insisted thar as the Indictment wa.
for conspiracy to defraud the Stale hat
the right to show that there were othel
overt acts of the same kind. Judge Blai
s sustained the objection Of defendant
however.
Mr.. Erwin concluded by promising tina
the state WOuIu prove mat tlic tiitEc TIC
PENDANTS entered into a conspiracy To de
fraud the company.
Ernest j. Heppenheimer, of No. 2G
Barns street, Jersey City, was the frs
witness called by the State. He has peel
Secretary of the Colonial Life Insuranc
Company since Il started three years ago
He knew Mr.. Kelly and DR.. Richard jain
DIR. Jahr began as medical examiner il
September, 1898, and continued in its EN-
pioy until the present case was presentet
to the grand jury. The witness ais
knew Anthony Winston and testified Z
the granting of q policy on his life
There was a lengthy wrangle over tn
admission as evidence of Johnston's ap
oiications and policy on the part Of al
the defendants counsel and the prosecu
tion.
samuel R. Brown, an office attache 9
fhe insurance company, testified that o.
December last he went to Mr. Neckar'
undertaking establishment on Bergenlin