Wagner's Trial for Stabbing Miller

WAGNER'S TRIAL FOR STABBING MILLER Witnesses Say Policeman Keaser Held Fellow Officer When He Was Knifed. CUT DURING THIRD WARD RIOT The main court room was crowded with interested Third warders this morning, when the first of the criminal complaints growing out of the riots at Third and Beckett streets, on the night of July 28, last, during the Congressional primary, was taken up. It charged Charles Wagner with assault and battery on Policeman Harry Miller. Judge Joline was on the bench. Prosecutor Lloyd appeared for the State and the defendant was represented by Lawyers Fred A. and William F. Rex. Some little trouble was experienced in getting a jury. After Prosecutor Lloyd outlined the case, Policeman Miller was called to the stand. He said that on the night in question just before the close of the polls, a fight ensued between ex-Policeman "Bob" Miller and John Morrisey, the man who was killed. A general racket followed and "Bob" Miller, Policeman Keaser and others were brutally assaulting George Murray with a blackjack, when witness went to Murray's aid. Keaser, he said, turned on him and grappled. MILLER STABBED. "He had a hold of me and I of him," said Miller, "and while we were standing in that position, this man Wagner came up in front of me, jabbed his knife in my stomach, turned it like that (giving his hand a twist) and pulled it out. Keaser still had a hold of me and I could not help myself. Wagner ran away after stabbing me." Miller said he was taken to Cooper Hospital and was there four weeks. On cross-examination by Mr. Rex, Miller said he was positive that Wagner was his assailant and denied saying in the hospital the morning after the stabbing, that he did not know who cut him. He also denied hitting Keaser with his blackjack. When questioned concerning Morrisey, the man who was killed, Miller said he only met him that day and did not know whether he was a voter or not. DIDN'T WANT DETAILS. Mr. Rex tried to get the witness to detail a talk he had with Morrisey, but Mr. Lloyd objected. Mr. Rex seemed so anxious to carry the point that Mr. Lloyd said he was willing to withdraw the objection, provided Mr. Rex would not object to detailed conversation responses to his questions. Mr. Rex promptly vetoed the proposition and withdrew his questions. Harry Selby, son of former Policeman Selby, followed on the stand. He said he did not see the stabbing, but that a few moments before the polls closed he saw Wagner try to stab Miller at the window of the polling place. The two, it appears, had had some words. Dr. Grimes, of the Cooper Hospital staff, said that he helped dress Miller's wound and that it was a dangerous one. SAW WAGNER KNIFE MILLER. William Laws, colored, corroborated Miller's testimony. He said he saw Policeman Keaser hold Policeman Miller while Wagner stabbed him. This hapepned he said about four minutes of 8 o'clock. Policeman Edward Hartman told of seeing Wagner having an open knife in his hand, of seeing him jab at several people and that he grabbed at him. "You saw all of that did you?" asked Mr. Rex. "I certainly did," replied the officer. "Then why didn't you as a policeman arrest him?" "I tried to, but his brother interferred." Mr. Rex had no more questions to ask. George Murray, also told of seeing defendant have a knife in his hand. Detectives Smith and Cherry told of making an unsuccessful search in this city for Wagner and finally locating him at Waterford living with a woman. Detective Cherry said that Wagner told him that he had been at Hammonton. "Hammonton is in Camden county, isn't it?" asked Mr. Rex. "No, sir, Atlantic county." "My geography is twisted somewhat commented Mr. Rex." With these witnesses the State rested. WAGNER DENIES CHARGE. Addressing the jury Mr. Rex said the defense would be an alibi. Wagner then took the stand. He said he lived at 666 South Second street and that on the night of July 28, left the polling place about quarter of eight o'clock. "Did you have a penknife in your hands at all?" "No, sir." "Did you cut Harry Miller?" "No, sir." In answer to questions by Mr. Rex, Wagner said he was with Constable "Bo" Bates nearly every day while in Waterford. Cross-questioned by Mr. Lloyd Wagner said he went to Waterford on July 30—two days after the stabbing. He went down, he said, to visit a Mrs. Fox. His visit lasted until the middle of September, the time of his arrest. Previous visits he said never extended over a week. He said he had no knowledge that he was wanted for any crime until two weeks later when he read in the papers that he was charged with stabbing Miller. He told Mr. Bates about it. He further said that no trouble had occurred at all while he was at the polls. Charles Cahill, a clerk at the Reading terminal, said he was at the polls and that at about quarter of eight o'clock he went up Beckett street in company with Wagner and another man. About fifty feet away, he said he went into an alley and Wagner proceeded up the street. Witness said he returned to the polling place just as the trouble began. He did not see Wagner. Questioned by the Prosecutor Cahill said he was present as a challenger. "Are you of the same political party that was holding the election?" "I vote for the best man," snapped Cahill in reply. DIDN'T HAVE ANY POLITICS. The Prosecutor repeated the question several times only to receive evasive answers such as "I was a Republican for that night," and "I'm for the best man," until Judge Joline was compelled to sharply admonish the witness to answer the question. Even then the spectators were in doubt as to Cahill's politics, as he said he guessed he didn't have any politics. Owen McDonald testified to seeing Wagner and two other men pass up the street and despite the general excitement, Mr. McDonald said he watched Wagner until he got to Fourth street. With the testimony of Butcher John Heim to the effect that he did not see Wagner at all around the polls until after the trouble was over court took a recess. Policeman Albert Keaser was the first witness called this afternoon. He said he was present when the row started, that he took a blackjack from George Murray and also took a similar weapon from Policeman Harry Miller. The latter, he said, had hit him with the weapon. Witness said he saw Wagner leave the polling place and at that time Miller was not cut. "Did Mr. Archer, the Assistant Prosecutor, tell you that he had a talk with Miller and that Miller said he didn't know who cut him?" Mr. Lloyd objected to the question, but expressed a willingness to allow it, provided Mr. Rex would let him call Mr. Archer to the stand. Mr. Rex would not do so and the Prosecutor pressed his objection. It was sustained. On cross examination Keaser denied saying to a man named Ogden that Wagner was "the fellow who did Miller." BEAT FELLOW POLICEMAN. Policeman John Wagner, another of the defendants, said his brother went away before the fight started. In detailing the fracas Wagner voluntarily said he hit Harry Miller in the head with his jack and that he also hit Policeman Hartman. Policeman Truitt also said he saw Wagner leave the polling place just before the fight started. While Mr. Lloyd was cross examining the witness Mr. Rex objected to the form of a question and remarked the "Court has ruled on that several times and I suppose I'll get the same ruling." Judge Joline rebuked Mr. Rex for making such a statement. Mr. Rex begged the Court's pardon, made the objection in regular form and it was sustained. Mrs. Anna Hutner, a sister of the defendant, said she saw him go away about quarter of 8 o'clock and that he did not come back during the trouble. She explained her presence there by saying she had gone to prevent George Murray from shooting her brother. William Ridgway said he was present during the trouble but did not see Wagner. Constable "Bo" Bates said that Wagner was in his company nearly every day while he was visiting Waterford and that he made no attempt to escape. SHIELDED WAGNER. Prosecutor Lloyd's only question was: "You as an officer of this court knew that this man was accused of stabbing Harry Miller and you did not report it to the authorities, is that right?" "Yes, sir; it is." When asked why, by Mr. Rex, the witness said the authorities could have got him at any time. The defense rested and Mr. Lloyd called Mr. Ogden to the stand in rebuttal. He testified that Keaser told him that Wagner did Miller. Before the question was answered Judge Joline again rebuked Mr. Rex for his manner. Argument commenced at 2.45 o'clock.