Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-02-05
RETR|AL FOR MEN
Who CLAIM TO Be
POLICE VICTIMS
Weinstein and Ascher Get New
Chance at Liberty Through
Judges Error.

JERSEY CITY, Feb. b--Admitting
that there had been legal error ii his
instruction of the jury and express
ing his belief that new trial would
result in the ultimate reversal of the
verdict of conviction, Judge George G.
Tenant yesterday granted a new
trial to William Weinstein and Harry
Ascher, convicted early last month
for carrying burglar tools and for an
alleged attempted robbery.
The pair say they are -'ictims of
a police "frame-up" to advertise the
Jersey City department They were
sentenced to not less than three and
one half nor more than seven years
in State prison after a tIial of four
days, which was marked throughout
by the bitterness Of the battle be-
tween the prosecutor and the lawyers
for the men.
In his decision to set aside the YER
dict, Judge Tenant says It Is not
necessary or him to express an opin-
ion as to the reasonable doubt" argu-
ment of counsel for the defense. He
says in part:
"I am moreover persuaded not to
express an opinion as to the reason
able doubt because of another point
raised, and to which, It has seemed
to me, must give full consideration.
To express an opinion as to the 'rea-
sonable doubt might do an injustice.
1t certainly is not necessary In view
of the second ground urged on this
application.
while only q general exception
was taken to the charge to the jury,
and the courts attention was In no
wise drawn to the matter now fully
urged, 1 am satisfied that upon re-
view in an Appellate Court q new
trial would be ordered In this case.
The question of Intent was not SO
expressed in the charge that the jury
can be said to have clearly instruct
ed that intent was necessary In ad-
dition to the possession Of the burg
larious tools.
Error in instruction.
Indeed, I am satisfied from
careful reading of the charge that
there was legal error in the instruc-
tions on this point. It Is pointed out
to me that this matter could properly
be left for court of review to so
determine, but l am satisfied that
this is not the proper attitude for a
trial judge to take. II defendant
is clearly entitled to a new trial by
the trial court Is persuaded of that
fact, 1t is its clear duty to imme-
diately act and accelerate what the
Appellate Court will ultimately d.
rect The State will be harmed more
by permitting wrong Judgment to
stand than for me to direct new
trial Counsel were assigned by tho
court and they would have q fair
right to the expense of the necessary
appeal. My conclusions will obviate
this expense. In view of what 1 now
conceive to be a legal error on the
trial of these defendants, l have no |
alternative. For me to adopt any
other course would be to permit these !
defendants either to go to State |
prison on an illegal conviction or to
require them to remain in prison
pending an appeal, which would I'M
doubtedly result in reversal. A new
trial will be granted"
"Frame-up" Alleged.
Counsel for the two prisoners were
jubiIant today at Judge Tenants
decision. No date for the new trial
has been set, but it will probably
take place before the middle of
March, possibly before a struck jury.
Additional counsel. it is reported, will
be engaged for the defense and a
legal battle royal is indicated.
1t was this case in which the de- |
Tense alleged that Weinstein, Ascher
and Michael MeiXner twho was ac-
quitted) were framed up by the Jer-
sey City police, and the trial last
was one of the most memoir
able in the history of the county. 1t
was openly stated that enemies of !
Director of Public Safety Frank
Hague We're in a conspiracy to bring
discredit on him and the Jersey City
police department of which he Is the
head, by attempting to prove that
with the aid of "Cockeye" Weber. a
stoolpigeon, he framed up the three
defendants.
The trial was marked by the most
bitter political feeling, which was
more than once evident in the con-
duct of the defense. Ascher and
Meixner were shown by the evidence
to be ex-convicts, but Meixner evil
IDENTIFY convinced the jury that his
alibi was sound one. He swore
that he was not in Jersey City the
night the other two men were ar
rested. though the police evidence
plainly indicated that he was one of
1--WE men implicated apparently in an
attempt to rob the store of Harz
Brothers at 140 Newark avenue. He
was arrested two weeks later In New
York. Ascher and Weinstein are still
in the county Jail here.
Gl- UNl1