New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-10-12
WAR PULSE FELT
IN GERMANS JURY
Court Challenge Bars Anti
TeutOns in High Sea
Murder Trial.
MYSTERY SHROUDS
DARK HOLD STABBlNG
Four Saw Bar Raised in Threat,
Its Holder Fall, but Not Who
Gave Death Thrusts.

Are you prejudiced against the Ger
mans?"
This question, asked Of each prospec-
tive juror in the case Of August Birk-
leir. yesterday in the Federal Court,
showed the effect OF the great Eu-
ropean war even in the courts OF TINS
country. Three talesmen, two OF them
Russian born, were rejected by the de-
fence. They, like all the other men
presented for jury duty, had said they
had no prejudice that would interfere
with renderinf a proper verdict.
The case in itself was novel
der on the high seas. Birklein, young
German fireman, was accused of stab
bling to death Henry loechsle. a fellow
fireman, also German, III the boiler
room Of the Clyde n.er Comanche,
while the ship was still 40 miles south
Of Sandy Hook, carly on the morning
Of July 20.
DR.. Paul c. Schnitzler, Of 1875 Broad
ley. of the same address, as counsel
for Birklein. was responsible for the
questions bearing on racial antipathy.
Would the fact that the defendant is a
German prejudice you against him -
Are YOU in favor of Russia in the
war;" "Do you think the Germans are
bad people >" "Are you prejudiced
against the Germans as n people -" were
: a. q
Max Alpert. plumber. Of 1910 Third
Avenue. who was born in wilma. was one
Ct those excused. Il was he whom Dr.
Schnitzler asked, "Are you in favor Of
Russia in the war;" When Assistant
United States Attorney Raymond II.
Sarfaty objected 70 this question Dr.
Schni.zler explained that Wilma was
now in possession Of the Germans. Al
fred l.. Simon, a florist, of 81 West
Eighty-ninth Street, was excused, al
though he told DR.. Snitzler he imported
from Germany. Samuel Taup, real
estate man, of 764 East 155th Street,
who said he was born in Russian Po-
land, was also excused.
Awakening Starts Quarrel.
Noses Greenbaum. real estate man
at 3l2 East Fiftieth Street, who was
born in England, of a German mother.
but is now naturaiized American;
Frederick ". Overlook, grocer, Of 55l
Columbus Avenue, both of whose par
ents are German born, and Michael
Hartigan, of 1923 Walker Avenue, an
Irish born ex-policeman. who when
asked if he had any prejudice toward
the Germans, answered. Il certainly
have mott" were allowed to remain on
the jury.
The government will be unable to
produce an eye witness to the crime,
Mr.. Sarfaty admitted as he opened the
case. No one saw the stabb!ng.
"But we will prove that no one could
have done it except Birklein,' he SAID.
Dir. Sarfaty, in outlining hls case,
said when Hoechsle wakened Birklein
for the a. m. watch IN the gloomy
boiler room the young German wanted
to sleep fifteen minutes longer. The
two had a quarrel, punctuated by
curses. Half an hour later Blrkleln,
Hoechsle. two other German fremen
and two Spanish coal passers met IN
the boiler room. At o'clock Birklein
and Hoechsle renewed their quarrel.
They were standing together, and the
other witnesses would testify, he said,
that Hoechsle picked up a heavy iron
slice bar, used to rake out the furnaces
and moved toward Brklein.
Each of these men will testify they
saw the raised bar, then saw Hoechsle
drop it and lurch forward He was
picked up dead, with stab wounds
through his heart. his left lung and
his thigh. And not witness saw the
blows. But we will prove Birklein must
have stabbed Hocchsle and that he told
the dead man, Prepare 10 meet your
Cod"
Stabbing Mysterious.
Just as soon as Mr.. Sarfaty finished
Mr.. Talley moved a dismissal of the
indictment on the ground that Mr. Sar-
fatty had said the government could not
prove the actual stabbing by its wit
nesses.
Your honor, facts may develop as
we 90 along. And | am not forced 70
disclose all of my testimony at this
time" argued the Federal prosecutor 10
Judge William B. Sheppard, who, after
moments delberation, denied the
motion as premature.
Or. Schnitzler, for the defence, out
lined his case, admitting the quarrel in
the fo'c'sle, but saying the row in the
boiler room was begun by Hoechsle,
who hit Birklein in the jaw and then
menacingly raised the iron bar Birk-
len shouted: "If you come nearer
PIP" And just then Hoechsle col
lapsed.
'It's impossible that Birklein
stabbed him. Somebody else did IT, lie
did not commit suicide. The man was
murdered, but not by the defendant"
said tha lawyer