The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-10-31
Denies Having Been With
FREUD When Latter
Was Slain.
WIFE IS PUT ON STAND
Man Facing Crime Charge Had
Posed as observation-disclosures
Eyes Follow Him Accusing
ly-To Set Up Alibi
Defense.
Especial to the Evening start

PATTERSON, Oct. 31.-The unex-
pected happened at the trial for mur-
der Of Joseph Mustol before Justice
James ]. Bergen and a jury in the
Passaic County Court of Oyer and Ter
miner this morning, when John l..
Ward. Of counsel for the defense, called
Mrs. Mustol, wife of the defendant, to
the stand Immediately after court con-
vened, an hour earlier than usual.
Mustol had always represented him
self 10 be q single man, and 1t was
not until yesterday afternoon that even
an intimation was given that he had
a wife. This reference to the defend
ants marital state was scoffed by
Prosecutor Eugene Euley, and Mrs.
Mustol was this morning subjected to
a rigid cross-examination AS whole,
her testimony was unimportant.
When adjournment was taken yes
terday afternoon the court announced
that the sessions would begin earlier
in tho day In order that the case might
be concluded this week. 1t is probable
that the session will continue until 3
o'clock tonight.
The defendants counsel are exert
ing every effort in proving an alibi
for the man, and this morning a num-
ber of witnesses were called who tes-
titled to having seen the murdered
man and the defendant standing on the
corner Of Mil And Market streets talk
ing until the defendant was late for
work The court room was filled with
interested persons, and as the last Of
these witnesses left the stand, Lawyer
Wards voice rang out clean and clear:
call Joseph Mustol.@
A hush swept over the well-filied
room, and all eyes were riveted on the
defendant. He rose easily and walked
firmly to the steps leading to the wit
ness stand, and after taking the oath
mounted the steps and calmly seated
himself.
Mrs. Monachino, who was widowed
by the crime for which Mustol is OH
trial. occupied a seat in the second
rev back of the railing. Her eyes were
rIveted on the man she declares killed
her husband, and she never relaxed her
gaze as he testified to his relations
with her deceased husband.
Mustol directed his testimony to his
movements from the Sunday night pre-
cedlng the crime until his arrest at the
rlant Of the Aronsohn Silk Dying Conn
pany's plant He denied going to the
mountains with Monachino, and also
denied that there was anything but
friendly relations between himself and
the murdered man.
The defense began yesterday afternoon
when Peter L. McGinnis, Of counsel for
the defense, addressed the jury saying
that II would be the claim Of the defense
that there was a mistaken identity by the
state and that a substantial alibi would be
proven.
The star witness for the accused man
yesterday afternoon was Professor Samuel
Mustol. a brother Of the defendant MT.
Mustd ia a graduate Of the New York
Conservatory Of Music, and, although an
Italian, speaks English fluently.
Professor Mustol told OF n number OF
visits he had paid TO the scene of the muir
der. Photographs taken by him of the suT-
ioundings where the body was found We're
gotten in evidence by Lawyer Ward.
though Prosecutor Emley objected strenu-
ously.
When asked who was present at the
breakfast table that morning, Professor
AfustoI mentioned the names of several
members Of the family. saying. "Joe's vile
and his wIfe's sister were with us. too"
Professor Mustoi said something more
about "Iny brothers Wife when he was
suddenly interrupted by Mrs. Monachino.
widow Of the murdered man. who sat l..
me front row of seats reserved for spec
tators
"That's lie," she called out; che hasn'
got any wife"
Mustoi's wife occupied seat in the
same row, just across from where Mrs
N9inachino sat, Another woman younger
than herself, dressed in blue, sat next to
.ne supposed Mrs. Mustol.