The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-04-17
CLOSING The net
State Produces Strong Evi-
denDe on the Arson Trial
Of Birnbaum and
Hirsch.
DAMAGING STATEMENTS
Technical Fight of Counsel
Wearies Judge
zabriskie

The fourth day Of the arson trial Of
Nathan Birnbaum and Mendel Hrsck, ac-
cused of causing the fire in The formers )
furniture store at No. 132 Newark avenue
OF. the night Of May 81 last, was begun in
the Court of General Sessions al one
o'clock this afternoon The trial was not
resumed this morning because ex-Judge
Hudspeth, one Of the defendants counsel,
was engaged in a case in Chancery.
For the first time since the trial be-
gan Judge zabrisxie during yesterdays
proceedings, exhibited impatience at what
appeared to be obstructive tactics resort
ed TO by the defendants counsel. but
which were really necessary by reason Of
the unusual circumstances connected
with the case.
Ex-Judge Hudspeth noticing this ex-
planned to the Court that his client.
Hirsch, had been forced to a joint trial
with Burnbaum against their wishes and
that evidence that was detrimental to the
latter and objected to by his counsel, was
wanted in the case of Hirsch who had no
interest in common with Birnbaum. Judge
Hudspeth stated that anticipating such q
result he had applied for severance OF
the indictment against the two defend
ants and a separate trial for hirsch bur
that Judge Blair, to whom the application
was made. had given no decision and
thus his client was forced to a joint trial
This explanation seemed to satisfy
Judge zabriskie, and the technical legal
fight in which counsel for one defendant
objected ii the Introduction of testimony
wanted by the other was continued
f1,f.- nm
ing of court which also tried the patience
of Judge Zabriskie. Ex-Judge Thomas F.
Noonan of Birnbaum's counsel, failed to
put in an appearance until nearly quar-
ter of an hour after the trial had been
under way, and when he arrived he START
ed TO interpose objections to proceedings
which had already been objected to for
other reasons by his associate, Isaac
Goldenhorn.
Mr.. Noonan insisted that the unsigned
statement made by Birnbaum should not
be admitted because the defendant at the
time of making it was unlawfully under
arrest and therefore any statement made
by him could not be legally binding on
him.
Judge Zabrisisfe had, as already told.
admitted the statement fir the purpose Of
allowing Police Sergeant Cummings, to
whom it was made, to refresh his memory
and he refused to change his ruling.
Sergeant Cummings then continued his
testimony, reading questions and answers
from tha statement made by Birnbaum,
which was in substance as follows:-That
he closed the store at s:2o o'clock and that
he was alone at the time; that he didn't
know how Hirsch got in the store, where
he was found when the fire was discov-
cred. He admitted knowing Hirsch, but
denied that he had ever had any business
dealings with him. Birnbaum continued
that to the best of his knowledge he was
the last man in the store; that he did
not know of any infamable material
being near stove or lighted gas jet,
and that he had no idea how the fire
started The document concluded with
Birnbaum's words, Il will not say any
thing more about the case" and Sergeant
Cummings testified that Birnbaum had
then refused to affix his signature to it,
saying he did not want to put his name
to anything.
The contradictory stories told by the
two defendants in the statements made
to the police after their arrest is the
most damaging testimony thus far ad-
dueed by the State. Hirsch. in his state
ment. claims he was with Birnbaum IN
the store shortly before the fire; that he
had known him for long time and had
business dealings with him. Birnbaun
denies all this.
Assistant Fire Chief Lowell was the mex.
witness called and testified to the particu-
lars of the fire. He said that the nrst
blaze was discovered in the rear part Of
the store and that subsequently another
blaze broke out in the cellar at point
remote from that of the first fire which
had been extinguished. He said that the
door leading from the store to the cell
lar was barricaded. The second fire was
In a pile of thirty mattresses piled in the
cellar.
Detective Larkins testified to arresting
Birnbaun at his home, No. ZIG First
street The prisoners family doctor had
said he was too Ill to be removed, and the
detective had remained at the house with
his prisoner all night. In the morning
Dr. Rector was called and after examine
ing Birnbaum said he was not i'll and
could be removed with safety. On the
way to the station house the witness
said he asked Birnbaum how Hirsch had
been locked in the store, The prisoner re-
piled that he didn't know anything about
it.
Counsel for both defendants objected to
this testimony on the ground that the
prisoner had not been properly warned
that what he might say would be used
against him.
Patrolman William Robinson testified to
taking an inventory of Birnbaum's stock.