Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-06-28
MRS. MOSER WILL
STAY IN JAIL TILL
TRIAL ON SEPT. II
Court Refuses to Fix Bail for
Woman Accused of Hus-
band Murder.
JUSTICE WON'T REVIEW
Z GRAND JURY EVIDENCE
Case Will Be First to Be Tried
Under New Jury
Law.

today named Wednesday, September
H. the day after the opening of the
fall term of court, as the date of the
trial of Mrs. Mabel Moser, charged
with the murder of her husband, Fer
dinand C. Moser in his room, at 471s
Sterling street. on May 9 last.
At the same time, the chief justice
denied an application made by Assist
ant City Attorney Charles M. Myers,
assigned as counsel for Mrs. Moser
for her release on bail. The refusal
to admit the woman to bail was made
at the end of an hours argument.
participated in by Prosecutor Louis
Hood. Mr.. Myers and the chief JUS
tice.
The trial of Mrs Moser, which is
expected to be brief one, will be
held before the chief justice with
panel of jurors drawn from the first
lot named by Sheriff John Monahan
under the recently passed jury act
which will go into effect in this coun-
ty with the opening of the fall term
of court
willing to Give Her Precedence.
Mr.. Myers sought to have an early
trial, asking that date be fixed be-
fore the first of August This was
opposed by Prosecutor Hood, who
stated tnat there were other homi-
eide cases awaiting trial and there
was no reason for calling special
panel of jurors and forcing them as
well as the court to sit outside of the
regular court term to try Mrs. Moser
Mr.. Hood said he was willing to give
Mrs. Moser the precedence in the
homicide cases to be tried in the fan
and suggested September II as the
date.
Chief Justice Gummere took the
same view of the matter as the
prosecutor and then named the trial
date. Mr. Myers then submitted
flong application for bail citing cases,
mostly in the Southern Statesss where
persons charged with murder had
been admitted to bail in cases where
the proof of murder was not posi-
tive nor. the presumption great that
capital offense had been COM
committed.
Mr. Myers contended strongly that
the proof in the present case had
not warranted the grand jury IN
finding an indictment for murder in
the case of Mrs. Moser and when
asked by the chief Justice on what ne
based such a conclusion he said 1t
was on the facts in the case as ne
knew them The chief justice pointed
out that that hardly made legal
proposition on which the court could
stand and Mr.. Myers admitted it,
stating that he knew it would be
useless to make a formal statement
as Prosecutor Hood would contend
that the matters he would bring up
re not the evidence on which the
grand jury returned its Indictment
Asks Court to Review Testimony.
He asked the chief justice to re-
view the testimony given before the
grand jury, and on that determine
lar the matter of bail was not one
which came within the province OF
bailable cases and to use his discre-
ton in the matter Mr.. Hood replled
briefly stating that in his opinion
the case was one that absolutely
came in the class of homicide cases
that are not bailable and stated that
the grand jury testimony had been
transcribed If the chief justice
wished to read it.
The chief Justice in reply said he
aid not care for the evidence as he
had already been informed OF the
facts that had been testified TO pe1ore
the grand jury and was satisfied that
body had found that the evidence
warranted an Indictment for muir
der.
In regard to the cases cited by Mr.
Myers in Southern States where IL
had been pointed out that it was dis
cretionary with the ~eurt to admit
persons to bail even if the presump-
ton of guilt of murder was great
the chief Justice said: Il am not
very much impressed with reports
of cases in other States tending to
show that it is within the discretion
of the court to admit to bail persons
charged with capital offensesi He
called attention to the constitution
of the State of New Jersey, which
states that every person charged with
crime is entitled to bail except those
charged with capital offenses.
Word Accept" a Potent Factor.
THAT word except means some
thing in the statute said the chief
Justice, land if it is in the discretion
of a Judge to allow bail in every
case it means nothing. 1t is shock
ing to think judge could sit on a
bench and say to one party; I will
bail you, and to another. I will not
BAH you.'
when a grand jury finds an indict-
ment for a capital ofrense l think the
presumption is that the evidence
shows proof the crime was committed.
1 do not perceive it is any part of
the duty of the court to investigate,
of its own volition. the facts to de-
termine If bail should be allowed. If
that were true every lawyer, by mere
application to the court, could have
such review
In previous cases specific grounds
have been cited why bail should be
allowed None has been in this case.
My view is that the grand jury acted
rightly and therefore the application
for bail is denied"
This action means that Mrs. Moser
will be kept in confinement IN the
county jail during the summer
months.