The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-04-21
UNDERTAKEN SAYS
TWO DETECTIVES
M|sHANOLEO HIM
Salvatore Musumesce Testifies
in His Suit Against Tuite
and HOrter.

into a dark, noisome cell vas part G
the direct testimony given by Saliva
tore Musumesce before Judge Heisle,
and a jury in the Supreme Court circui
today, where the trial of his action TO
damages for alleged false arres
against Detective ~sergeants Frank w
Tuite and John Horter. of police head
auarters, was resumed.
Musumesee is an undertaken at l
Bedford street. and wants $4,000 from
each Of the officers because early II
March. 1909, they arrested him in /,
roundup of alleged Black Handlers tina
made a sensation on the hill" at thu
time. A bomb found in front of Ed,
ward Annilli's Junk shop, IA Bedford
street, played a part in the story at the
time.
Musumesce's story.
The undertaken told about his ar
rest late yesterday afternoon, and fol
lowed it up, today. in answer to ques-
lions put by Abner Kalisch. who. to-
gether with Judge Simon Hahn, repre-
sents the plaintiff, with further de-
tails.
After | was measured for Identified
tien,' he said, Il was treated roughly,
one of the detectives there nearly
breaking my arm, After l was taken
from the Third Precinct to police head
quarters l was met there by Tuite and
Horter. They took me down the cellar
and put me In a cell that was so dirty
that it smelled."
Carroll Testiaes.
At the close of the undertakep's tes-
timony, in which he admitted having
been fined $24 for selling unstamped
cigars. Captain of Detectives William
Carroll testified that he gave the pic
lures of the men arrested to the news
papers and then MI. Boggs opened for
the defense.
1t was simply that the detectives had
Alright to make the arrests because,
after an investigation, they had prob
able cause to be satisfied that the plain
tiff was implicated and one of the par
ties connected with the commission of a
crime. An officer Mr.. Boggs told the
jurors had the right to arrest, acting
on probable cause, without a warrant,
and the defendants were merely zeal
ously carrying out their duty as Of
f1cers of the law In the case of a sus-
pect.
Detective Sergeant Joseph Cordano,
as the first witness for the defense,
swore that he knew the undertaken for
twelve or fourteene years and had
worked on the case before and after
the arrest.
threatening Letters.
Witness was allowed to testify that
Annnelli had told him about receiving
the threatening letters, and connected
the undertaken with the case. This in
Cerdane added, he gave the
other detectives, understanding from
Annelli that the latter was to turn the
money over to the undertaken, who in
was to take 1t to Paterson. The
money was never paid.
The detective explained, however.
all he knew and told the other
was what he learned from one
the letters, In which it was stated
the arrangements for payi1N the
money We're to be made in the way in
dictated.
And you told Tuite that the man
said In italian that he was innocent
and never wrote the letters?" demanded
Mr.. Kalisch.
yes, sir 2
And Notwithstanding that. Tuite ar
him?"
Eyes, sir"
Asked by the court whether Annilli
himself had said that he believed that
the plaintiff was willing to take the
money to Paterson, the detective an
swered In the affirmative.
Gasser ON stand.
Captain G. Albert Gasser, head of the
Bureau of Combustibles, the next wit
ness, told about receiving information
about the bomb.
The defense was called upon to prove
that the bomb a figured in the case.
but MIR. Kalisch objected most strenu-
ously to all the evidence along this
line, saying that the case was a civil,
and not a criminal, one. Mr.. Boggs
held that the letters and bomb were
intimately related, and the two together
showed probable cause for arrest, as a
crime was committed.
During all the argument Mr.. Gasser
had the bomb, or, rather, the shell, con-
sisting of a condensed milk can, in his
pocket, ready to produce in evidence
If called upon. There was enough dyna-
mite In 1t at the time to blow up sew
eral houses, but Captain eGasser was
wise enough, of course, not to bring the
dynamite into court.
Produce Tin Can.
Captain Gasser was finally allowed to
produce his tin can, and carefully un-
wrapped 1t from a piece of brown
paper. When he received It, he said,
from the police the dynamite had been
removed and soaked in water. There
some paper still in the can. he
added.
After Mr.. Boggs had explained that
he wanted to show that his clients were
told about the bomb left at Annilli's
place before he made the arrests, De-
tective Tuite was called.
He first detailed how he and Detec-