The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-11-26
HELLENSTEIN FORCED
DEFEND HIMSELF
Admits Charge to Jury Was
"GrOssly Incorrect" in
Regard to Law.
"RULED BY COMMON SENSE"

Coroner Herman Hellens,sln. ordered
by the Supreme Court to answer certain
questions OF Commissions: OF Accounts
Leonard NJ. wallsteln. did so yesterday
and then answered some more. Some OF
the extra interrogations concerned an In
quest at which. Hellenstein admitted, his
charge to the Jury was grossly Incorrect
IN regard TO the law.
After Hellenstein had finished address
ing the Jury Assistant District Attorney
Deacon Murphy asked him TO charge the
jury to pay no attention to what he said
about the law on the subject And HELEN
stein did Il.
Reminding the Coroner OF this extraor-
binary episode. Commissioner walls,ein
asked
would you say now. in view OF the
record or this case, that you were quail
fled TO perform the duties OF your Officer"
Il beg OF you Commissioner. not to
press that question" calculated Frank
Moss, IIellenstein's lawyer. But the Com
missioner was ruthless
We'll, yea burs: from Hellenstein.
and he added, I'm my own mind and
using common sense. may have been
mistaken In the law, but was governed
by common sense"
This vindication Of common sense came
well after the Coroncr's explanation OF his
conduct In the death OF Isaac Weingart.
Wengart was certified 20 have died
naturally. hut there was some indication
vi suicide aud $4,000 worth o, insurance
was at stake. The Insurance companies tried
10 have an autopsy held after burial.
Hellensieln says the Corporation Counsel
advised him he had no power to exhume
the body and have II examined and he so
told the insurance man
IL was only a week or so ago tina. he
learned suicide IN one year cancels life
insurance In this State. Hellenste!n de-.
clared' No he didn't know II AZ the time
OF the Weingart death, and lie says he
uid not guess II from the Insurance com.
panies' anxiety for Il late autopsy lie
thinks the Coroncrs' office generally enl.
Client and IS sure that his own work and
that OF DR.. Timothy r. Leharo. ms
physician, Is 80: and he can't be w,-,...I
IN ms opinion by brother Coroner Israel
Feinbers or any number ~ experts. lie
doesn't want 10 crlticise any OF hls
fellow Coroncrs."
The Coroner admitted that a physician.
the defendant In a case before him. VINO
nal been subprnaed by Commissioner
Naliste'n, came TO see him tho night
before ne was to appear and testify 81
told him 20 come here and tell the truth"
said HelleHstcin. lie said he also saw
thus physician after he had testified. but
told him 10 go away" and got an idea Of
his testimony only In a general way from
reading the newspapers
FRANK Moss explained yesterday III.
reason Hrllenstciu didn't answer ques.
lions when first called three weeks ago.
He said:
"on first hearing the questions came
10 the conc .usion they were intended 20
lead to possible criminal prosecution As
a result Of the delay which followed our
objections | have had time to examine
the questions more fully. ana this after
noon We came to the conclusion 20 sun
nit "a the examination. | SIN feel that
50 FAR ~ the law IN the case Is concerned
We should have appealed. hu: / don't
think the Coroner's resources are sucn
that he can AFFORD to fr!tter them away
on IA technicality."
Can you say THAI no further objection
VIII he made on the ground OF jur!sdlc-
tom"
no, can't say that"
Robert :. Binkerd. secretary OF the
city cub. and Harry ". Newhurger
lawyer and ex-peputy Police Commits
sooner testified concerning tn" behavior Of
Coroner lloltHhtusc~ at tl, death Il
Siegfr."i Haymtn, vino sho; himself at
! the IEy cub !u August. 1911. Epth de-
clared that HOltzhau~rr said. when told
tn1t the undertaken OF Temple EMauu-
r! WAS desired: The body VIII have To-
go 10 the morgue.' Later. according to
the testimony. tho Coroner Introduced
another undertaken, Leon T. Stowe, who
had come with him, ana said that stowe
could take the body and the matter JOE
closed without publicity
Rather than have the body sent 20 : -,
morguc this was agreed -. stoves bill
( Of s?2o or thereabout was PAID "uud,.
protest"
! Thy hearing may be resumed to-uor-
row.