The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-11-01
Reported That It Stood Ten
TO Acquit, Two for Con-
victiOn in First Degree.
TLL GO FREE" "--MUSTOL
Men Who Held His Fate Ask to
Be Discharged After AII.night
SessiOn--To Be Tried Again
in January on Mona
chino Indictment.

PATTERSON, Nov. Unable 70
agree on a verdict during a sleeplesa
night. the jury that tried Joseph Mus
tol on an Indictment charging him with
the murder of his companion, Michael
Monaohino. returned to the court to-
day and was discharged from furthur
service.
According to John M. Ward, counsel
for the defense, the jury stood ten for
acquittal and two for murder in the
first degree.
Mustol will not be tried on this i'm
dictment again until the January term.
No date has been fixed for the trial of
the indictment charging, the man with
numbering Robert Cortese, the justics
of the peace, who was blown to pieces
with a bomb expressed to him from
Newark. and which he opened In hia
office In this city.
The trial came to a dramatic close
at 9:25 last night, when the Jury fled
out of the crowded court room to de-
liberate on a verdict. Unable to reach
a verdict an hour and half later they
were locked out for the night, and this
morning at 10 o'clock they asked for
instructions from the court.
After asking few questions regard
ing the evidence they retuned to their
room and deliberated again for almost
two hours. Their arguments. animated
at times, could be heard In the court
room.
Returning again, at 11:3n esrlstzs
! they asked additional Instructions, re-
| turned to their room. and fifteen min
utes later signaled for their release.
Mustol had been sent for, and spent
the morning hours in the courtroom.
When the jury was questioned by the
court Mustol was directed to stand up
and hear the verdict.
I'VE have been unable to agree on a
verdice, your honor" the foreman am
nounced. After being questioned as to
the probability of reaching a verdict
the foreman replied that there was no
possible chance. They were then dis
charged
The defendant was highly pleased
with the outcome when he was told by
his counsel that the jury stood ten TO
two for scquittal He smiled and re-
piled that the next trial would result In
his aequittal.
The taking Of testimony was concluded
SnOrtly DeTOfe s O CLOCK anu Lawyer Wd10
occupied more than two hours in summing
up his case. The prosecutor did not con-
clude until nearly o'clock. after which an
adjournment was taken until O'clock
The courts charge lasted just an hour.
after which there were requests to
charge to be considered.
In his summing up Mr.. Ward dramatl-
cally called the defendant to face the jury
and then he asked, "Does he look like
murderer"
Prosecutor Emley's arraignment Of the
defendant was bitter, and he didn't mince
words.
"You may ask me why he committed
that murder?" shonted Mr.. Emley, his
words reaching the uttermost reeesses OF
the room LET him answer that question.
Don't ask Of me the question Of why Mus
tol wanted to shoot down this man, whom
he would have you all believe was MS
bosom friend. Aye, ask that question or
him. What all these secret meetings Do
tween him and Monachino meant am az
this time unable TO say
Fear of detection, the Prosecutor salos
had developed in Mustol after he had
killed Monachino the unusual strength thar
1t NAV have required of him to drag the
dead body to Its hiding place
TT Is perfectly ridiculous" asserted Mr.
Tmley. "for anyone to broach the theory
that there had been a fight on the moun-
tain before the shooting OF Monacnln~
occurred.
oWhat does this man care about his
xyifeg, shouted the Prosecutor, In replying
to a reference Mr. Ward had made in his
summing up In regard to her affectionate
deviation TO Mustol 'fWhy, he hardly gave
her an affactionate thought during the
three years of their married lite, much OF
which has been spent apart. But now--oniy
now-when he needs her in his dtemmas
daEfar0iV
that he is.
This 1nan, who was engaged in ques-
tionable social practises with Monachinos
now posing as the victim or nlsta1Nen
identity" thundered the Prosecutor "a
sneering tones, as he swung about anu
faced Mustol.
As told yesterday, Mustol took tho sfaia
in his own behalf yesterday morning.. <
was examined by Mr. Ward. The elima-
If the examination was reached when he
was asked:
Did you XIII NJ, elrael Nonachinog'
mo, sir; did not replied Mustol, y1th
This was tic seaal for an or.break
from Mrs, Monaohmo She maLse-ed mans
widow
you lie! Y5asdid ldn himi7 the woman
Mustol. as was e&peeted denied that ne
had been on the side of Garret Mountain
with Nonachino on ne morning Of the
murdee, explaining that after Menaehino
had called for him at his home, shortly
before Z o'clock. he went with him to Mar
ket- and Min streets. conversed there fer
about half an hour with him. and finaiiy
departed from the murdered man in order
to go u work.
Prosecutor Emley's cross-examinatlpn oe
6cbntsnusa on Elsvsnzh PaEs.J