The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-12-28

for him, the charred door stile containing
n shot bolt which witnesses said had been
picked ,rp on tho ninth floor. the black
cncd door frame which rested against
the wall of the court room
Look ia these" he said, "and even If
YOU throw ont the testimony Of every
witness for tho prosecution ask your
selves whether or not tha' door was
locked and whether or not some of the
toa and more lives which were snufled out
in the first eight minutes of that tre
could not have been saved AHk your
selves whc, her or not the life of Margaret
schwartz whose body was found just
insidc that door and for whose death we
sav these defendants AT" responslbl",
could not have been saved had thai door
been unlocked
He reviewed the testimony given bv
his witnesses True, h" said there were
some minor discrepancies
"Rut II IL Just these very discrepancies,
he aaid that prove their honesty aud
,r,ithfulncss Zach one viewed Tia" 'lr
,umstanCps from his own angie, ana edcll
told the story as he saw II without regard
10 what others might say But u you
remember the testimony Of witnesses Tor
tha defence YOU will reCullcCt that each
and every one of them told precisely tile
sap,e story in almost the siine words.
even to the description OF IN" STRING from
which they said the key 10 the Washing
fon MIA, q door hung Md each aud every
one Of them was either III the tinpluN 81
! the defendants or was Sorne one VINO dld
husiuess with them. business amounting
bro somcg INES a. much ~ s75,Wm yearly,
: or else they were relatives ~ lhe u'-
dendants
II was easy to explain, he SAID. why the
avirls ran past the Greene street door To
lirv the Washington place door ne hrt
/ started on the Greene street side ana was
! tercest on that side They were running
! away from the fire
Judge Grain took a little more ihan an
hour to charge. He defined man-laugh
Ter in the first degree and in the second
J deprea both of which were charged
kppalu-t BlanCk and Harris In order W
find them guilty of inansldughter III t'lt
first degree. he said. they must ilnd thh'
Nthev caused the death Oi Margaret
uSchwartz while engaged IN committing
Va mi-dtmsanor. to wit keeping the door
,,of the factory locked during worklht
fhour-.
y If the defendants before yuu wer,
brhargcd with committing the insde
Emeanor" said Judge Grain. u might Zee
yconatrnined to charge you that III th'
ceye of the law It was not necessary Il
..<.how that the door was locked with tbei
Iknowlrdge if II wa- locked But lhey ar
snot charged with the mlsdcineanuI an'
u charge vuu that to find them guilty %
I've of me opinion that the door wa- l"rhe'
with their knowledge
The charge Of mdn-laughter IN tn
second degree, hc explained. hinged o
the question a. to whether or not ih
defendants were Culpably negligent, tina
is whether they had omitted any pre-
caution which they might reasonaOl'
have Geen expected 10 take,
You will hc lodth to ascrlhe the com
mission OF perjury To any witness. sal
Judge Grain. "but II you do come TO IN
conclusion that any witness has com
mitted perjury you may throw ont all d
that witne-s's testimony
1t was ten minutes before 3 when IN
Jury went out, and II was almost ha
after 4 when they reported that they ma
come to an agreement
The Jurors in the case were Leo AOrH
ham iBi West 47th street. Anton SCheuel
mann a23 Mesi lljth street; William
RYAN, 547 West l42d street Harry
Roder. - West Nineteenth street: Charl,
Vetter. 3isj Broadway, Abraham Nesci
Ter. Hotel Majestic; Joseph l. jacobson
8O3 West lJlst street. ". o. Ackerstron
1872 Nelson avenue The Bronx; Arlingtc
l. Boyce I22 Fast Twenty-fourth stree
Victor Steinmann, 723 East l8oth stree
II II HERS. 1898 Franklin avenue. III
Bronx, and Morris Baum, 2nl West lv0t
street
William Ryan. a juror. who lives
ba7 West l42d street said last night III
the Jurors took an oath IN the Jury roo
before they earn" in with the N"rdiot NJ
to di-cus- their actions. The jurors -tu'
n their word