The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-04-14
ON TRIAL FOR ARSON
Desperate Legal Fight for
Nathan Birnbaum and
Mendei Hirsch.

The General Sessions court room was
crowded as 1t rarely has been before
when Judge Zabriskie, of Bergen county,
who is sitting In the place of Judge Blair,
began the trial OF Nathan Burnbaum and
Mendel Hirsch, charged with arson III
connection with the burning Of the for
niture store at No. 132 Newark avenue on
May 81 of last year.
From the time the first Juror was called
1t was made evident that the counsel for
the defendants. ex-Judge Thomas F.
Noonan and Isaac r. Goldenhorn. repre-
senting Birnbaum. and ex-Judge Huds-
peth and Myron c. Ernst. who appeared
for Hirsch. would make long technical
fight to save-their clients, taking advan-
furnish grounds for appeal in case OF the
conviction of their clients
Ex-Judge Hudspeth conducted the tech
nical tight and the points raised by hira
were taken advantage OF by counsel for
Bernbaum.
Prosecutor Erwin in the conduct Of the
States case, was assisted by ex-Judge
Hoffman, representing the different insur-
ance companies holding policies on Burn.
baum's place.
Both sides had exhausted its five per-
emptory challenges before a trial panel
was obtained from the struck jury sum
moned for the case.
There was an interesting tilt between
counsel over the question whether each
of the defendants was entitled to FIVE
peremptory challenges or two jointly to
that number. Judge Zazriskie held to the
latter contention, despite the vigorous
protest of ex-Judge Hudspeth. When
counsel for one of the defendants would
challenge a juror. counsel for the other
would enter formal objection to the dis
missal of the juror. This unusual pro-
every challenge and before the jury was
finally sworn, a general exception to the
entire panel was asked for and allowed.
The complications attending the selec-
tion of the jury were increased by the
calling of ex-City Hall Commissioner
John Pearson of Jersey City, and Edward
White of North Hudson, who served on
the Grand Jury that indicted Birnbaum
and Hirsch. Counsel for the defendants
were anxious to have the two gentlemen
retained on the trial panel, and finally
the States representative was obliged to
exercise the right of peremptory challenge
in both cases.
Prosecutor Erwin in his opening address
said that after the alarm of fire was sent
in at ten O'clock on the night of May 81,
the firemen found the defendant, Hirsch.
inside Burnbaums store, which was afire
in two widely separated places. The
States representative laid particular
stress on a statement made to the police
by Hirseh after the fire. He said tina.
Burnbaum had started his furniture store
in November. 1900 and had taken our
s4,5oo insurance in the Delaware Insur-
ance Co of Philadelphia the PalantiD
Insurance co. of England. National As
surance Co. of Ireland and Atlas Assur
ance Co. of London.
Prosecutor Erwin said that Birnbaum
fixed the value of his stock at s5,720.5o and
estimated his loss as s2,916.09. The insur-
ance appraisers fixed the value as 81
1885 and the loss at $. .242.77.
Architect Broom, who drew the map OF
the scene of the fire, was the first witness
called and was still on the stand at re-
cess. The trial will last all day.