The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-13
ACCUSED OF JURY FIXING.
POSENZWEIG ARRESTED AFTER
STIT AGAINST CT I'll ENDED.


caused the arrest last night OF Louis hoSen-
" e,0. an employee of Greenfield a Go. OF
s2o Fifth avenue, for having attempted
a. influence a Juror. Mr.. Whiteside acted
on Information furnished his Office by Su-
prerne Court Justice Edward s. Clinch,
Assistant Corporation Counsel James T.
Malone and Rudolph J. Trabert, the juror
Ros,nzweig is alleged to ave approached.
The arrest Of Rosenzweig grew out OF a
damage suit against the city by Williams
A Gerstle, a firm OF contractors, which was
our ON trial in Part XIII. of the Supreme
Court, before Justice Clinch, on October
IS ast. Williams 4 Gerstle took a oon-
tra,t to build the Muskoot dam in Putnam
county and bid so low that, eccording to
The Corporation Counsel's Office. IL was
ayrarent that they would stand to lose
AZ least 500, 900.
The contractors got several extensions
Of time from the squeduct board and finally
three years after the work was started
the board notified the contractors in grant
ing the hnal extension that they must show
evidence Of good faith.
Within a month, counsel for the city say,
the contractors practically quit work. The
anueduct board adopted a resolution to
declare the contract void, ~whereupon the
contractors. through their attorneys, Kel-
Iogg & Roee, notified the board that
because the city had not paid a 81 900 install
nent within a month after the payment
was due they proposed to treat the delay
as a breach OF contract and that they would
sue the city for the real cost OF the work.
4 little later Williams & Gerstle brought
ali action against the city to slS2 ,oCO
The city made a counter claim Of $4,000.
for expenses Of reletting the contract n
finishing the job Of dam building.
The case went to trial October rs before
Justice Clinch. The next day jury. plain
tifs, counsel and witnesses we're in court
and waited an hour before Justice Clinch
appeared from his chambers. Everybody
concerned was surprised when the Justice
announced from the bench that something
unusual had happened and that he would
dismiss the jury for the day. He requested
counsel on both sides to see him in his
chambers. Corporation Counsel Ellison, Mr..
Malone and Mr.. Kellogg had a talk with
Justice Cinch. The Justice showed the
lawyers a copy Of a statement which had
been made to him by Rudolph J. Trabert,
one OF the jurymen.
Trabert asserted that while he was at
work at $40 O'Clock the evening Of October
Is for his employers, Lebolt l. Co. of 81
West T~wenty-third street he was called
70 the telephone by R~osenzweig, who in
sisted on seeing him at once on important
business. Trabert demurred, he states, but
Rosenzweig insisted and Trabert finally
went 10 800 Fifth avenue. the Office Of
Greenfield 4 Co., and met ~Rosenzweig in
the office. Part Of Trabert's statement
follows:
There was no one In the ONCE except the
proprietor and Mr.. Rosenzweig. Mr.. Rosen-
gweig says II want to see you on something
very private. Mr.. Trabert." and he took me
into what they call the fitting room. a very
han isome room where they Mt garments.
They have little booths where they take
customers. And I said: what can | do for
you, Mr.. RosenzweigE" He says! You are
on a case. are you not! 4 case against the
city2" said: -Yes." He said: DO you
know that that man is my uncle COR my wlfe's
uncle, | don't remember and you and your
wife we're over TO his house az an entertain
ment about a year ago!"
did not remember IL at the time until he
referred to several incidents that happened
there at the time, such as one Of the young
ladies' sin RinR a coon song, &C. Then II came
10 my mind. He said: Why, the plaintiff
In that case is my uncle Tor my wife1s uncle
OF SeCOnu uHSlc w uOt "hoN Ho
SAID. but some ,relativel. and he said: The
plaintiff was the host that evening. Don't
you remember the nice entertainment they
cav us?- Then he started In to tell me about
the merits OF the case; how this man Gerstle's
money had been tied up for the last Ave years:
that he was entitled TO 100000. and they were
only suing for 100000 that the mans health
was wrecked: he was 4 physical wreck now
las though he wanted my sympathy. He
said that he was entitled to the money Justly.
They we're very anxious TO know whether
I was the Trabert that called at their house
that evening with Mrs. Trabert.
Then, after a little conversation that does
rot amount to anything. absolutely nothing.
we left the htting room In which we we're and
went to the outer offlce, and he went to the
phone and called up some one, ] do not know
who, and said that / was the party and it
would be all right. not to worry. He cut on
the phone Immediately. stating that they we're
80 excited at the other end, II he let them they
would talk for hours. He said: You can
imagine the condition they are in" After
other conversation we walked out and he
introduced me to Mr.. Greenfield as the pro-
prletor. AZ we left he offered me a cigar
from a box. stating that IL was one OF the
proprietor's. but 1t was all right. SO
went directly to my home. 81 West Eighty
fourth street. and had a conversation with my
wife; told her the circumstances. She ad-
vised me Immediately to go over that night TO
Travis H. Whitney. who is my personal coun-
sci, and tell him the circumstances l did not
see Mr.. whitney. however, until this morning.
and then ! Jaw him at his ONCE in the Tribune
Building, lH Nassau street. and he advised
me to report the matter to Justice Clinch.
Roeenzweig made a sworn statement In
which he said that formerly he had been a
bookI eerer for Robert J. Gerstle. He said
he eot a telephone message to find OFT
whether a man named Trabert on the jury
was toe same Trabert hat a been enter
tanned at Gerstle's house. He was told
It would be necessary to find out before
morning. He stated that after talking with
Trabert be called up one OF the Qerstles and
told him that it was the same Trabert who
had been the guest at his house, but that
he said nothing further. His sole effort, he
stated, was to find OFT whether Trabert the
juror was lrabert the guest. He denied
intimating or limiting that the Hction OF the
! .ror sho~ld be favorable 70 Gerstle, or that
the plaintiffs were entitled 70 8 1000, al
thong suing fo- 100000. 1he statement
closes: a..
-Deponent positively denies that he did
any thing in any way to influence, mtimidate,
bTlbe or coerce Trabert as a juryman.
Ralph J. +. Gerstle, a son Of Robert j..
Gers tie, made a statement before Justice
4 tr,h L., -kf.h ha aaiA ahat hia council