The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-05-18
TELLS new GRAND
JURY GENNAREID
IS / MURDERER
Judge Davis Says If Facts Are
as Presented He Should Be
Indicted as Such. j
SHOT BOY, FIRING AT
YOUTH WHO CRIED ssW0Fr
Court Says He Sees No Reason
Why Indictment Should !
Be Manslaugllter.

Only one subject was ca11eG ka fAa
attention Of the SECOND Apfd xrnna
Jury BY Judge Davis in tho uonx1 IL
Oyer and Terminer today WHEN that
body was sworn for duty. r ~ He
recent killing of Antonio Lomnnr1x.
the s-year-old boy, OF $50 MalVefh
street. by Angelo Gennarello. who W41
firing at Antonio Leonardis. resenfinx
the appellation of sWop-" ~. :
IN this case the court told 4the .5urorS
that II the facts are as represented.
the shooter should be Indicted for MUIR
der. although the bullet did not KIN
the person for wnom 1t was intended
The court added that it was the grand
jurys duty simply to indict and that
1t was up to- the. petit turyrnen to
find the degree.
After reviewing the story Of the
shooting, which was substantially as
that told in the STAR at the time Of
its occurrence, Judge Davis COM
mented:
Same Rules Govern Case.
while these facts present a case
somewhat out of the usual run Of
homicide. nevertheless. the Same rules
viii govern your Investigation as K the
shot killed the man for whom It WAS
intended. -
I'm the state of New Jersey It has
been enacted among other things that
murder caused by lying in walt. or Il
deliberate and wilfuL it is first degree.
and that all other kinds shall be muir
der of the second degree
IF the facts in this case should Be
substantially the same as outlined.
then if GennarelIo had hidden behind
the fence waiting for Leonardts and
had shot and killed him it would haye
been your duty to indict him for MUIR
der and it would be for the trial jury
to determine the degree.
THE mere fact that the bullet shot
and killed the boy Lombardy does not
reduce the crime. and that is true IN
any case where a bullet intended for
one person accidentally kills another.
and you are to give, the case the same
consideration that, you would have
given had the bullet killed the person
for whom it was intended.
should Indict for murder.
Therefore. If the facts as presen{ed
are as outlined, you should sindfct Cen
narello for murder and take no notice
Of the degree, as that is q matter for
the petit jury.
I'm this case do not think there
would be any warrant for finding for
manslaughter or anything less than
murder. Under eur system OF law "a
petit jury cannot convict person of
higher grade of crime than the grand
jury presents against him. Where there
Is apparently every ground 70 think
that the crime Is murder It u the duty
of the grand jury. to present m 1ndfct-
rlent for that crime. leaving the 11xinx
Of the grade to the petit jury"
In. conclusion. the court told -fhe
jurors that they could have the BENEFIT
Of further advice from the bench when
ever they saw At.
AT the suggestion Of Foreman Austen
H. McGregor. Judge Davis reappointed
Constables Charles r. Hummel and
Thomas Burns to guard the 5ury-room
during the deliberations.
Alfred Peter, Of this city. the lasx
juror drawn for service. was excused ID
bring the number down to the stafu-
tory twenty-three-
Before the Jurors entered the court-
room they posed for their pictures Ter
the STAR. s.