The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-04-18
Counsellor Noonan Stirs Up
Bergen County Jurist in
the Arson Case.
BIRNBAUM'S DEFENSE
Claims He Reduced His Insur-
ance Just Before the Fire
and Lost Money By
the Blaze.

| Lively .wordy tits between court and
counsel were the features Of yesterday
afternoons proceedings at the trial In
the Court of General Sessions Of Nathan
Birnbaum and Mendel Hirsch, charged
! with the burning of the formers furniture
store. at No. 1s2 Newark avenue. on the
night of May 81. last.
The patience Of Judge Zabriskie had
been severely tried by the slow progress
made through counsel for each defendant
insisting on separate cross-examination
of every )ne OF the States witnesses. 1t
was IN IA endeavor TO limit the scope Of
this dual cross-examination that the Ber-
gen Cot ity jurist. who is occupying the
bench ~ the absence of Judge Blair. ran
coupter to the opinion of ex-Judge
Thomas F. Noonan one of Birnbaum's
/ legal representatives, and a clash Of
words resulted.
other wordy tits occurred subsequently
between Mr.. Noonan and the States re-
preventative, in which it must be admit
ted Mr. Noonan was not very badly
worsted.
It was during the cross-examination of
Anthony G. Rule, of No. 131 Newkirk
street, Jersey City, that the first trouble
occurred. He had passed Birnbaum's
furniture store at 132 Newark avenue
shortly before the fire and had seen a
man whom he could not identify leave
the front door. Shortly afterwards he re-
turned and saw the place afire and
Hirsch, whom he identified positively,
walking up and down inside the store.
",
to direct his attention to the fire in the
rear. but Hirsch calmly sat down on a
chair and crossed his legs. Mr.. Rule then
attempted to enter the story with the OBJ
ject of saving the mans life. He tried
the door and found it locked. Just then
man rushed by him and kicked in the
light of glass in the door and Hirsch was
rescued.
One of the mysteries of the case has
been the part of Hirsch being locked in
the burning store, and Mr.. Noonan was
presumably anxious to offer an explana-
ton of this along the line that Rule him
self had locked the door when he caught
hold Of the knob. Ex-Judge Hudspeth. in
cross-examining the witness in the inter-
est of Hirsch, had touched the subject
briefly, and when ex-Judge Noonan took
it up Judge Zabriskie became very tired
and told him that he was covering the
same ground already covered by his asso-
ciate for the defence. Mr.. Noonan insist
ed that he was not and said the object Of
his questions was altogether different to
what Mr. Hudspeth had in view when
cross-examining the witness.
What is your objeet?' asked Judge
Zabriskie.
81 refuse to disclose for the benefit of
the State and the insurance companies
what my line of defence is to be, but
will tell your Honor privately if you SO
desire" replied Mr.. Noonan.
Judge Hudspeth has covered thorough
ly the matter you are now questioning
on said the Court. II am tired of this
useless waste of time
81 don't presume to measure my ca
pacity in this case by Judge Hudspeth,
nor do I intend to conduct my case as
he sees fit to conduct his. If it were not
for the Courts frequent Interruptions of
counsel we would progress more rapidly,
retorted Mr.. Noonan hotly.
s'The Court does not like your remarks
at ALL" said Judge zabriskie with little
show of anger.
Il do not intend any slight to the Court
My questions may be looked at in diff
ferent light by different persons The
Court cannot have in mind what my mo-
tive is in asking a question
THE man who rushed by you put his
foot through the Window Nr. Noonah
then asked the witness in resuming the
cross-examination.
4 don't think so,'' replied the witness.
We'll you said SO a minute ago.
'iHe said the police did it, interrupted
Prosecutor Erwin.
Il want the witness and not the States
representative to answer my questions
said Mr. Noonan angrily.
Counsel will please address the Court
and not the opposing counsel if exception
is taken to anything that occurs was
the remark with which Judge Zabriskie
restored order temporarily.
T. HaIsey Luker, an insurance appraiser,
who had taken an inventory of Birn-
baums damaged stock after the fire, was
cross-examined by Lawyer Isaac Golden
horn.
'.Didn't you ask Birnbaum if there was
anything in it for you?' asked Mr.. Golden
horn.
II did not ;" shouted the witness. angri
ly, as he arose in his chair and point
ing his finger at the lawyer, declared -
.You wouldn't dare ask me that question
anywhere else but here. In my twenty !
years experience in business l never hal |
a man inslnuate such thing before"
After offering the proofs of losses in evil |
dence the State rested its case ard ex-
Judge Hudspeth began his opening ad- |
dress for IIirsch. He said that the in
dictment on which the defendants were l
on trial was not joint Indictment in /
the legal acceptance of the term because /
they were not charged with conspiracy to (
burn Birnbaums store. Continuing he
said
unfortunately for my client he was
found iii Birnbarn,s store under eircun:-
stances as detailed by the States wit
nesses. We win show that every mode /
of egress was cut Off at that time. Acci-
dentaEy through the swapping Of lock
without his knowledge he was like raj
in trap He couldn't get out except by