The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-02-13
PAL DESERTS HIN
Emil Wagner on Trial for
Breaking Jail Accused
By Confederate.
ASSERTS HIS INNOCENCE
Warden Testif1es Accused
Always Declared He Was
Not in the Plot.

Emil wagner, one OF the lnree PRISONERS,
who it is alleged attempted to break out
of the County Jail early on the MORN
Ing Of January n last. was placed on trial
for the offence before Judge Blair in the
Court OF Special Sessions this morning.
The prisoner was defended by Corporation
Attorney James F. Minturn, Of Hoboken.
Assistant Prosecutor Vickers and Grand
Jury Clerk James F. Clark conducted the
States case.
Warden Terrence Sullivan testified to
the facts in connection with the discovery
of the attempt to break jail. He told Of
the finding of piece from the iron cot
ON which Wagner slept and which had
been used to pry open the fanlight over
the drug room. how one of the windows
of the room had been covered by a
blanket taken from the defendants bed,
and that Wagner had been found on the
bed partly dressed.
The warden said that Wagner's first re-
mark on seeing him was. 4 am inno-
cent" On cross examination the witness
said that Wagner had ever since main-
fained that he was not party to the at
tempt to break Jail.
Alfred Boswell, the colored witness IN
t---tS
cused of being party to the attempt.
threw but little light on the subject. de
said that Marks had told him of the en-
tention to break jail and how easy Il
would be- EARLY on the morning Of JAM
uary q Marks came to his room and ask
ed him to come and assist He went as
far as the closet but changed his mind.
He did not see Wagner on this occasion.
Augustus Marks, charged with break
ing into the Englewood, n. j.,
postoffice last December, and who has
already admitted his completely in the at
tempt to break jail here. testified that
Wagner had originated the scheme.
On the Thursday preceding the attempt.
Wagner. the witness said, had taken q
piece of iron from his cot. He raised the
witness to the fan light of the drug room
and the attempt was made to force the
fanIight with the piece Of iron. 1t was too
piiable and they then broke a sitter piece
from Marks cot. With this they sue
ceeded. On the Saturday night following
/ they again entered the drug room in the
same manner and began the work OF
loosening the net work Of iron bars from
the window Two knives, which ha !
been used by Wagner at his meals. the
witness said. had been used for this pur-
pose.
The knives were produced and identified
By the witness. One of them, ne said.
Wagner had attempted to make saw
off by nicking the edge with the other.
Marks explained Roswell,s statement a=
to not seeing Wagner on the night OF the
attempt, BY saying that the latter Naz
behind the drug room when the negro
looked In.
The defendant formerly conducted a
delicatessen store on Washington street,
Hosoken. and Is held at the jail on ac-
count of his inability to furnish bail TO
answer a breach of promise suit insti-
tuted by his cousin, Miss Annie Lowen-
thai of New York. He denied taking any
part in the attempt to break jail.
Corporation Attorney Minturn made an
eloquent plea for his client. pointing out
especially that he would have little or no
motive in making such an attempt.
Judge Blair reserved decision in the
case.