The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-04-11
Swears He Was Promised
Immunity If He Made
a Confession.
PROSECUTOR ERWIN ON THE STAND
He Pestifles That the Doctors
Confession Was volun-
tary.

tiAchSiO Jstilr 10 0Ilek OIL GOtlce murphy
after the arrest of the former on a charge
of being one of the parties to the con-
spiracy to defraud the Colonial Life In
surance Company, was the feature of this
mornings session of the trial in the Hud-
son County Court of General Sessions.
A long wrangle between counsel fol-
lowed Prosecutor Erwin's Offering of the
confession as evidence. The defence
maintained that it was not admissible
because it was not made voluntarily but
was obtained through fear and promise
OF immunity from punishment. The State
denied this and Judge Blair decided to
have DR.. Jahr testify as to the questions
and answers contained in his confession
and then instruct the jury as to what
part of the testimony they should con-
slider.
Dr. Jahr then took the stand and told
of the meeting IN Chief Murphy's office
in which Secretary Heppenheimer offered
him protection and immunity if he would
make true statement in regard to the
Winston ease. He said he signed 1t under
threat OF punishment # he did not help
the company and said he was promised
by Mr.. HePeenhelrner. for the States at
torney. that he would be well cared for.
When arrested the second time The Doc
tor was taken to Prosecutor Erwin's 5
office and met Mr.. Heppenheimer, who
was ordered 20 leave the room. Mr.. Err
win said TO him, Now, Doctor, the prom
ises of these men are worthless. But you
can rely on my promises for 1 am in a
position to keep them" Witness then
signed another statement and was taken
to the County Jail.
Ex-Judge Hoffman, who is assisting the
State, took up the first confession and
asked the witness if the various answers
TO the questions were made when he was
under the influence of fear and promise
Mr. Speer objected TO the reading of the
statement IN the presence of the jury as
II had not bean admitted as legal evl-
eence Judge Blair was inclined to rule
1t out but on ex-Judge Ho mans argu-
ment thet it would save iii E TO read It
now, he allowed It 20 be read in form OF
question to the witness To each question
Jahr answered that ne was under the in
ltuence of fear or promise Judge Blair
said ne would instruct the jury how much
they were TO use of the confession. De-
fense took exception. The arguments be-
tween the lawyers over the reading of the
statement occupied an hour and every
point was taken advantage of by the de-
feIise before they finally gave in.
Judge Hoffman then cross-examined
Jahr. He said that in the second state
ment no conversation which he had alone
with Mr.. Erwin had been taken down.
After Judge Hoffman got through with
Jahr, Mr.. Speer asked the Court to in
struct the jury not to take account of the
statement Motion was denied and ex-
ception taken.
Prosecutor Erwin, called next, said Jahr
came into his Office OF was brought in
and Mr.. Heppenheimer was there but
was told to go out. Mr.. Erwin warned
Jahr as to the indictments he was under
and told him his statement must be
voluntary as it would be used against
MIN at his trial Jahr refused to say any
thing and Mr.. Heppenheimer was called
back and told that Jahr would not make
a statement. All then left, Mr.. Heppen-
heimer leaving right behind Mr. Erwin
Mr.. Heppenheimer had no conversation
office.
Chief Of Police Murphy was then called
He saw Dr. Jahr on January 10 at Police
headquarters. Judge Bedle Mr. Heppen-
heimer and couple of Landrigan Agency
detectives were present. Chief Murphy
warned DIR. Jahr that they were going to
ask him some questions and if ne an
swered them his answers must be vol
untary as they would be used against
him at his trial. 1t took an hour 10 make
this statement. It was read and corrected
by DR.. Jahr later and then signed by him
Chief Murphy kept the statement and
later gave it to Mr.. Erwin.
At this point the court adjourned for
the noon recess.
The testimony of the private detectives
who worked. up the case against the three
defendants for the Colonel Life Insurance
Company and that of DR.. Jahr in con-
tradiction of the story told by one of them
We're the features Of yesterday after
moons proceedings.
The damaging part of the stories told
by the detectives was the conversations
alleged to have been held with Kelly be-
fore he knew the business of his inquisi-
tors. During these talks it is alleged that
the insurance agent made several admis-
si0ns rejecting seriously on his associates
of the defense, DR.. Jahr and Undertaken
Necker.
Detective Charles E. Sweeney testified
that he met Kelly first on December %
1900, in a Union Hill saloon and they final
ly drifted into talk on insurance. Kelly
told Sweeney he was in that business. He
said ne been in the West engaged in prize
fighting and had returned 'brokes'. Kel-
ly also told witness that he had then
been appointed an insurance agent. He
mark. and would do anything he want
ed him to do. Kelly told witness he got
a rake off on funerals he brought Necker.
Kelly said his former insurance superin-
tendent refused to recommend him be-
cause he worked the company for what
1t was worth" He would insure buns,
get his commission, pay a few premiums
and then let the policies lapse.
Sweeney saw Kelly with the officers on
the day of his arrest. He said the off
GERS would not tell him what for,
but it was some of that old insur-
ance business. Sweeney afterward saw
Kelly in his cell. Kelly told him Neckar
and Jahr were as guilty as he.
On February Kelly told Sweeney that
it CALLED him to see Neckar and Jahr rum
ming around free when they were as
guilty as he.
On cross examination Sweeney admitted
that he thought Kelly and Neckar We're
s.stringing' him about going down to the
Colonial office and making statement OF
the conspiracy.
Detective John J. Goetz said he called
on DR. Jahr on January ~. witness sald
Jahr regretted ever knowing Kelly and
said he got only fifty cents from him.
DR.. Jahr then took the stand. He tes-
tilted that Goetz told him that ne, heliy
and Necker had been indicted. Goetz told
him he had to go with him to the police
STATION Goetz and Eagen took him to
fhe police station. There Mr.. Heppen-
1,ei1,1er. secretary of the Colonial Life In
ss,lrance Company, met him and took MN
into an inner room and told him they
wanted him to make a statement. Ihe
5orfor was physician for several lodges
and was ta v,in that night for election as
,,hvsieian OF several more and his chances
would be hurt by such publicity inetI
-fffered I'm szssEty for g confession, iellins
hin, they would take care thai ne did not
lose his different pos 4, :
Al this time court Az 1nsd for the