Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-03-05
GRANTS MAUSERT
ANEW TRIAL IN
HOTEL RAID CASE
Supreme Court Upsets on Tech.
nicality Conviction OF Broad
Street Cafe Man.
FINDS JUDGE OSBORNE
ERRED in HIS CHARGE
Second instructions to Jury
Prove Undoing of Prose-
cutor's Effort.

he supreme Court branch = 1ren-
ton last night handed down 0 decis-
ion granting a new trial to George
E. Mausert. convicted last June for
maintaining a disorderly ilonse at
the Hotel Broad, this citS
The decision was written by Jus
tice Charles w Parker. {. xas con-
CURED in by Chief Jusl,r,. William
S. Gummere and Justice samueI hat.
isch.
The new trial is granted because
of an error on the part of Judge
Harry V. Osborne The error comes
from the fact that in an additional
churge given to the jury, after it had
retired, Judge Osborne in offect or
dered that the defendant be .ound
guilty
In his regular charge to the jury
Judge Osborne defined the responsible
tiles of q hotel-keeper in regard to
the maintenance of order in his houke.
After the jury had been out a short
time the members, through the fore
man, Charles A. Keyler, Of Bloomfield,
asked for additional instructions.
When the jury had filed back into
the courtroom Judge Osborne was
asked to define "the legal responsible
ties of a hotel-keeper."
A discussion between the foreman
and Judge Osborne followed The
point at issue was whether the hotel
Keeper in the case on trial was
meant, or hotel-keepers in general.
Receiving a reply that the latter was
meant, Judge Osborne proceeded to
charge the jury further.
In substance he said that a hotel
keeper should personally have knowl-
edge of conditions existing in his
hotel. 1t was matter of fact for the
jury to determine, he said, whether
conditions constituting q disorderly
house did exist in the Hotel Broad.
and that, finding they did exist, it,
must appear that the hotel proprietor
knew of them.
In concluding the supplementary
charge Judge Osborne said: TT is not
to be expected that ones eyes would
be closed to the obvious this evil
IDENTIFY referring to the fact brought
out in the testsnacny during the trial
that conditions existing at the Hotel
Broad had been called to the atten-
tion of Mausert by detectives while
they we're in the hotel gaining evil
dence.
As soon as Judge Osborne had fin
ished the supplementary charge,
Frank e. Bradner, now city attorney,
then counsel for Mausert, took an ex-
ception to the charge.
1t is understood that in the decision
granting a new trial Justice Parker
oeplores the fact that trial of such
duration, and which from the evil
dence would seem to indicate that a
verdict of guilty was the proper one,
should be forced to be sent back for
retrial through an error of the trial
judge.
The Hotel Broads and Navarro
were the scenes of sensational raids
on Saturday night, April rs, last.
For three months prior to that time
private detectives working under
orders of Prosecutor Wilbur A. Mott,
and later of Louis Hood, after he
succeeded to the office of prosecutor
eaerly in March last, had been at
work gaining evidence against the
two places.
In the raid Mausert, proprietor of
the Broad, and Cornelius ]. Harring-
ton, proprietor of the Navarro, to-
gether with their clerks, head wait
cI anu Dell DOyS. were ar 06ltu- N
number of other persons were also
arrested in the place.
On June last Mausert was brought
to trial and eight days later he was
found guilty On June "a last he was
sentenced to serve not less than one
or more than three years IN the Tren-
ton State prison, and also to pay
fine of $1,000.
On the same day notice of an ap-
peal to the Supreme Court was filed.
this acting as a stay of the execution
of tn esentence. On December last
the briefs arguing for and against a
new trial were submitted by Mr..
Bradner, as counsel for Mausert, and
Prosecutor Hood for the State. The
case has until last night been pend
ing decision in the Supreme Court.
Mausert is now running a cafe and
restaurant on Washington Heights.
New Yirk city.