Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-10-21
ARREST NAVARRO |
NIGHT CLERK AS He
ENDS TESTIMONY
Gustav Freund. Indicted in Raid
With Harrington. Is Again
in Custody. /
CHARGED WITH APPARENT
PERJURIOUS TESTIMONY
Lawyers for Defense Denounce
Act as DisorderIy-Ask
for Mistrial. 4

III WIS ~ dls
Sensations came quickly after tha
opening OF the second day Of the
trial Of Cornelius J Harrington. pros
prietor Of the now defunct Hotel Ma
varre On a charge of maintaining 4
disorderiy house when Gustav
Freund, OF Highland avenue. nlghk
clerk at the hotel, was taken inf4
custody as he left the witness stand
and his bail raised from s6eo to
$4,000.
with Harrington in the ind4ctmen4
on which he is being tried are Joint.
ly named sFreund, George J. Biddlm,
head waiter at the hotel, and VIM
lam Sullivan, elevator boy. Harrine-f
ton alone being on trial at this tisrnl
by virtue Of q severance of the ins.
dictment obtained at the Commenced
ment Of the case yesterday by Pross4
cutor Louis Hood. Freund has bee1<f
under $500 bail, but after leaving tlfes
witness stand today, where he had
given what Judge Harry Y. Osborn@
characterized as apparent perjured
testimony, he was taken into custodN
and his bail raised to 5000
Rearrest Made Quietly.
The rssrrest was made SO ouiatrR
that few in the courtroom realized
that Frsund had been taken into cus~
tody- AS he finished his testimorys
Prosecutor Hood had a whisperad
conference with Judge Osborne 1asfS
ing several minutes. As he turnex
away from the bench the prosecutors
nodded to County Detective Alfred
"a Il. -
ward Freund. who had taken a seaxi
in the middle of the COURTROOM. Hare
gan beckoned Freund to him and
when the latter walked inside tn&i
rail OF the court Hargan turned hiu4i
over to Court Attendant James
cowen and Freund was taken from
the courtroom and locked IN the dskl
tention pen at the Court House
Not word was spoken audiblys
during the entire proceeding, and ftl
was not until after George ]. Biddi
head waiter at the hotel, had finish I
his testimony, hale an hour later. ii
1 the spectators IN the courtroom rec
lied thar a sensation had happens
right 0ssder their eyes without fhe
( knowing it.
When Biddle had finished his II
tfmony Alexander Simpson Of .Ier
sew City. and former Assistant Pros
sci for Harrington. watched to SEQ
whether he was to be taken into
custody or not When he was nof
Mr.. Simpson arose and addressed the
court IN protest over the rearresf a
Freund.
'Not Fair, Asserts COUNSEL
1T is not fair to our side of tho
case" declared Mr.. Simpson, TO
have witnesses for the State taken
into custody. It viii intimidate a4
other witnesses SO that they win tess
tify only to matters favorable to th6
State"
Judge Osborne insisted that he dfd
not take that view of the mattek
and that Mr. Simpson was only
bringing the matter up to get it he-
fore the Jury. Mr. simpson denied
this and continued to argue that K
was unfair. Mr.. Osborne becani6
Simpson that unless he quit his Iina
Of argument he would see ths< hin
connection with the case ceased.
Mr.. Simpson said that he did no1
want to do anything that would re-
suit in his getting out of the case and
then Mr.. Lehlbach got into the game
by saying that L lawyers for the de-
Tense did not care so much abou'
Freund being placed under arrest bu
they did want to know why order
had been issued that they could nc
confer with the clerk
At this point Judge Osborne ordere
the jurs to retire TO its room. Will
the arguments of counsel continued
Mr.. Simpson again protested agains
the arrest in open court. saying agai
that it would result in intimidatin
all the other witnesses. He used tn
word disorderly in describing the NJ
rest and Judge Osborne took issu
with him. saying there mad beer
nothing disorderly about the arrest
Calls Arrest Disorderly.
MIR. Simpson had told oC how
Freund had been tapped on the shoule
der and motioned away in charge of
an officer, and insisted that constitute
ed what he termed disorderly. Judsn
Osborne said there was nothing dis>
orderly about H. that 1t had all been
zone silently and without words
YES" agreed Mr.. Simpson. 1T vas
but that is Just the way they do it IN
moving pictures. There are no words
spoken but the audience knows ex-
actly what has taken place and tina
same situation applies here"
This court is not a moving pictIr8
show" replied Judge Osborne acidly
and Mr.. simpson replied that he did
not mean to ins nuate that it was and
Indl ne Was OHiA attempting 10 snow
how the action would result in intirnk-
dating other witnesses.
Mr.. Simpson then moved that
! juror be withdrawn and the sa
called mistrial, but this motion was
quickly denied by Judge Osborne he
furry then subsidized and the
called back to their seats.
Then came the first OF what pr,
ises to be a wearisome lot OF t.
nesses. the Cosgrovo detective agency
operators who worked up the eyi-
dence against the hotel on which the
raid of Saturday night, April 26 lstsD
was founded Fred c. Hoefer was
the first of the detective witnesses
to be called and his direct examinas
ton had just finished when court adj
| iourned for the noon recess.
Hoefer gave his testimony afteg
frequent references to copious sheaf
of notes he had in his possession. and
was very slow and deliberate in maxi
ing his replies.
Hoefers testimony was 4 recital
of the same sordid kind that marked
the trial of George E. Mausert, Of
the Hotel Broad last May. and
which resulted in his conviction.
1t is expected that the testimony
of the half dozen detectives that dg-
ured in the work viii take UP al ot
tornorrow's session This testimony
win be followed by that of the female
companions OF the detectives at vac
rious times in the hotel. and by the
testimony TO be given BY the i've
fCorffpued On Page 2, Cs&umn a