Evening star., 1926-01-18
WOMAN TEST|F|ES
IN TRIAL OF WAN
Former LandIady Resumes
Stand-TeIIs of Police
Search of Home.

Void of startling testimony and con-
fined merely to the opening attempt
of the prosecution to. wind a web Of
circumstantial evidence around the de-
fendant, the trial of Ziang Sun Wan
charged with frst-deGree murder in
the killing of Ben Sen WI at the
Chinese Educational Mission, 2023
kalorama road. January 30, 1919, en-
tered its second week in Criminal Di-
vision today before Justice Stafford
and jury of II men.
Mrs. Gertrude Bartells proprietress
of d New York City rooming house,
where the defendant and his brother
Van resided in January, 1919, was re-
called to the stand to continue her tes-
timony, begun Thursday, and testified
that the health of Wan was impaired
prior TO his departure for Washington.
January %, and that he was pretty
sick and pretty weak" when she next
saw him, on the morning of Janu-
airy 81.
Tells of Detectives Visit.
She gave this testimony under cross
examination conducted by Wilton j.
Lambert. chief defense counsel and
she also declared that Washington de-
tectives and New York police had en-
tered her home and the room of Wan
without a search warrant or authority
from the State of New York. Mr..
Lambert emphasized this in repeated
questions to the witness
The prosecutions second witness to-
day was Charles Diehl of New York
who in July, 1918. was assistant man
aSer of a branch of the New York
Mortgage e Trust Irhere Wan
the prosecution claims, maintained an
account. The purpose of his teSti-
mony was to identify various cards.
checks and ledger sheets belonging to
the bank to show that Wan actually
opened an account there in July, 1918.
Difficulty was encountered by George
ID. Hornlng, Jr., assistant United
States attorney in charge of direct eX-
animation, in having the documents
admitted as evidence. Defense coun.
sci strenuously maintained that they
could not be accepted by the court be-
cause the witness did not know the de-
fendant or that he had any connec-
uon with the case. The question of
their admiSsibility was the subject of
several conferences between Justice
Stafford and counsel for both sides.
and likewise the basis of much delay.
Prosecution Drops Issue.
The prosecution finally dropped eff
forts to have the documents intro
duced at this time.
Mrs. Bartells, under direct examina-
ton. testified she saw Wan January
- and did not see him again until
Friday morning, January 81. Van, the
brother, left her home January IS, she
said, and on the afternoon of the thir-
tieth she saw him for the first time in
two days.
She detailed the visit of Detectives
Burlingame and Kelly. who, with
New York detective, interviewed Wan
as he lay ill in bed. She also told of
the visit of Detective Kelly Monday,
February s, and Vans departure with
him. Detective Kelly returned to her
home the succeeding Thursday, she
said. and told her to lock the room for
"a couple of days. Kelly, she said. car
ried away some pa pers and things
In answer to questions by Mr.. Lam
bert. the witness said Van came to
her home early in 1918 and received
visits from Wan over week ends
Later, she said, Wan took a room for
himself. She gave Wan bottle of
whisky the Sunday before he left for
Washington and Wan drank the con-
tents of the bottle. Van complained
to Mrs. Bartells that Wan was drunk,
she said, and Wan later secured an
other bottle from her, which she got
for him by a ruse.
Ill While Coming Here.
When Wan departed for Washing
ton, Wednesday, January %, he was
sick in the stomach the witness
said, adding he had been suffering
from stomach trouble two ors three
weeks before. He had lived on black
coffee and toast during that time and
always was in bed.
He appeared weak" when he left
for this city, she said, and when he
returned he complained of illness
again explaining he had eaten a
steak in Washington, she added. There
was no question of whisky this time,
she testified.
Mr.. Lambert drew from the witness
that the Washington detectives showed
their badges when they entered her
house, but no search warrants or
authority from the State. She said
the mattress had been ripped open
and the room searched and letters and
papers were taken away. She de-
clined to say whether the detectives
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