Waterbury evening Democrat., 1905-02-22
MOONEY MUST DEFEND
 HIMSELF FOR MURDER
Grand Jury To-Day Brought In True Bill-Juror Cordy of Derby Is Foreman of the Body-A Mum. Der of Witnesses Gave Evidence About the Shoot. ing This Morning

Iue grand Jury LOOK up the case for murder of James J. Dunn against Thomas Mooney today. The jury con- sists of the following: George S. Mac Laren New Haven; Otto Wall, Orange; Albert s. Sperry, Woodbridge; Horace L. Hine, Cheshire; Halsey S. Clark, Prospect; Eli Bronson, Middlebury; Gidney A. Stiles, Southbury; Frederick L. Gaylord, Ansonia; J. R. Mason, Derby; E. Shepard Gordy. Derby; Charles A. Tomlinson, Milford; Henry H. Mack. Guilford; William H. New ton, Wallingford; Martin H. Brennan, Robert R. Stannard. Lewis Raymond, Waterbury, and Frederick Schaffer, Naugatuck.
 At 1O:3O o'clock the grand jury was summoned to the superior court from the district court room which had been assigned to them for the accommoda- ton and deliberations. and after the roll being called by Clerk Marsh, they were instructed in their duty by Judge Case. This occupied about twenty minutes. They were informed of the difference between murder in the first degree and murder in the second de- gree, murder justifiable. and then re- tired. In matters of this kind the ac- cused may be present during the delib- erations of the grand jury, but neither counsel for the state nor for the ac- cused are allowed. The jury may ask questions of the accused. and he may ask questions in return but he is not allowed to defend himself in any man. ner.
 It is not necessary that a unanimous decision should be reached; two thirds vote Of te eighteen members is sufi- cient to bring in true bill. Though Mooney was charged with the murder Of Dunn, it was within the province of the grand jury to report mot true bilp' on that charge and report true bill for murder in the second degree.
 Before the jury retired to deliberate Mooney was in the custody of Sheriff Orr If New Haven. in the deputy sherff's office but soon after the doors of the district court room were closed on them Mooney was escorted to the room at the request of the jury.
 All the criminal business on the docket for this term of the superior's court was disnosed of without trial. excepting one case which was contin- ued to the next term to give the ac- cused chance to redeem himself. and the Mooney case. Assistant States Attorney Kellogg did great work this term in disnosing of about a dozen cases in two days.
 It was exneoted that Rocco Fami- rlietti charged with assaulting Cormele Perrello would insist upon a trial. but he changed his mind. and pleaded guilty. Famiglietti and Mrs Perrello were old friends until the woman sold him her store on West Main street and started up another one directly on. nosite it soon after. This maddened Famiglietti for he had put all his sav- in@s into the venture ah'i le saw that he was stuck in the 1T ms action. He made rcTeral o-erturcs to the woman f" h"v hack the store or assist him in selling if to some one else. But she merely laughed at him. it was said. and so on Sunday morning. October 23 last. when he saw her sweeninc the sidewalk in front of her store. he walked m behind her and after few words struck her on the head twice with boys baseball bat. which broke on the second blow. The woman's hair saved her. She received only two slight wounds. Her three nenhews. big young men, saw the assault and swoonfnC down unon Flamiglietti knocked him down and beat him.
 Attorney Kellogg asked for the limit in punishment and the court said he was inr''""' ." '"'-n that view of the ""Se as there are tco mar
 this kind in fhe courts. The court said nersons of the accused nativity shonld he taught lesson to renress their impulsiveness. They are too quick to seize any weanon that may he handy in hrawl and inf1ict severe if not fatal iniurv. On account of tha mans little family the court admitted he was Dernleved what to do. He i'm posed sentence Of six months in jail.
 The bonds of S1 n0O in the case against John IT. Morse. furnished bv his brother. Charles $. Morse. sJ1ne-'n- tenSent of the rolling mill of the Ben edict and Rurnham plant. was de clarod forfeited.
 The case n"ainst Donate I.ovaI'n for theft of s1'0 iron, his uncle. I. Ross, was continued. The comnIaint will be cl'Hnond to thnft or third conviction
 The following witnesses wera taken sennrafeiv hef"re the grand iurv and evanined. Naur'ce NrCq-tI,v nro- nrin'"r of the saloon Tn which the sh""''no took nIace. Fu~anp NuIvilre nr Thihault. tho nhrsician who was called whom Dunn wac shot. NeIinsr Fvar'ine- Crane. T W. RIackv-nn1 John Connev. hartenfer in the saloon. l.. IT. Dav. W. ]. Massfcotte and Lewis EarIv.
 Irrro- C"r''v o- Derby was chosn, fo-ar-an and afta- hnarsnr fro ev.,. dence tho iurr at 2.os h-or-i,t in :. true bill for murder in the first degree