Perth Amboy evening news., 1915-05-27
On STAND
TESTIFY FOR DEFENSE
At At BIG BIG MURDER MURDER Trial
State Receives Blow After Blow as Witnesses Before Deputies
are Put on the Stand and Testify That Shooting Was Not
Started by Jerry OBen's Men at Plants in Roosevelt
James Bavier First Deputy to Testify Rushing Trial.
Special to the EVENING NEWS.

New Brunswick, May 27.-The
state today received blow after blow
In the trial of the ten deputies for
the murder of Roosevelt fertilizer
striker last January, when witnesses
were produced by the defense who
swore that the shooting on the fatal
morning of January 10, was started
by men other than the deputies, and
that they saw the deputies only firing
toward the ground and in the air.
Directly contrary to the evidence
that had been given by witnesses for
the state, many of whom had testi-
fed that the deputies had shot point
blank at the crowd of strikers about
the Williams & Clark station al
Roosevelt, the testimony today seem
ed to make profound impression on
the jury, as they listened to the dep
uties' side of the shooting fray on
January 19.
The defense gained point by a
ruling of Justice Bergen this morn
ing when he allowed evidence to be
admitted as to the conditions obtain
ing at either the Liebig plant or the
Williams & Clark plant on the morn
ing of the shooting, against the
strenuous protests Of attorneys for
the state Justice Bergen, however,
held to his ruling of yesterday in re-
fusing to admit evidence by the de-
fense to show any rfotous conditions
obtaining previous to January 19.
At late hour today it appeared
that the defense will likely rest to-
morrow morning and that the case
will be in the hands of the jury to-
morrow afternoon. The state rested
about O'Clock yesterday afternoon.
At that time Mr.. McCarter, or coun-
sci for the defense, moved for the
acquittal of John Smith on the
ground that he was the one man OF
the ten on trial whom witnesses for
the state declared they had never
seen before and was not identified
by name or by appearance as one
who had done any shooting or even
as one of the deputies that had been
at the plant on the day of the shoot
ing. Justice Bergen did not deny
the motion, and the states attorneys
declared they had nothing to say. but
on suggestion of Attorney General
Wescott the justice deferred action
on the motion and indicated that he
would ask the jury to acquit Smith,
regardless of what it does with the
other nine.
Justice Bergen denied a motion
made by Mr.. McCarter that James D,
Williams, Fred Mullen, James Ba-
vier and John O'Mara be acquitted
on the ground that they were not
proven by the states testimony to
have had any part in the shooting.
The justice ruled that evidence had
been produced to show that these
men went out in body and COM
mitted an unlawful act and that 1t
rested with the jury as to the weight
of the evidence.
Waring Again on Stand.
J. Ernest Waring, superintendent
of the Liebig plant of the American
Agricultural Chemical Company, was
recalled to the stand at the opening
of court this morning He was ex-
amined by Mr.. McCarter and asked
what happened at the Liebig plant
on the day before the shooting. The
defense stroye to place in evidence
testimony of riotous conditions
among the strikers on the day pre-
ceding the fatal shooting. The state
objected to the submitting of evil
dence of conditions previous to the
shooting. Mr.. McCarter said that
the defense wanted to show that
there was rioting and disorders of
many kinds before the day of the
shooting, as leading up to the fatal
climax. He declared that the strik-
ers had been disorderly; had made
raids on the plants, intimidated the
workers, broken glass in the build
ings and shot at one man He de-
clared that the defense would show
that riotous conditions prevailed be-
He declared that the strikers had
charged the Williams & Clark plant
and taken employees out from their
work by force and had tried to enter
the plant at night.
Justice Bergen ruled that there
was nothing to Justify the admis-
sion of testimony to show conditions
prevailing prior to the morning of
the fatal shooting. but admitted evil
dence to show conditions existing on
the morning of January 19, previous
to the shooting, despite the OBJ
lection to this made by the state. The
justice said that he did not see that
this testimony was essential, but
would admit it and let the jury take
1t for what it was worth In OBJ
jecting Attorney General Wescott
said that there was relation between
the conditions prevailing In the
morning at the Liebig works, to
which the witness would testify, and
the actual shooting that occurred
near the Williams & Clark plant.
He said that If this avenue were
opened 1t might be necessary for the
state to bring into the case one hun
dred or more witnesses in rebuttal,
and extend the proceedings In the
case to several weeks duration.