Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-04-21
.FIORE IS ON TRIAL
AGAIN FOR MURDER
Jury Quickly Chosen for Man
Accused of Instigating Vic
TINS Wife.


charged with being an accessory to
the murder of Leonardo Ciccone on
March 7. 1912, was taken up in the
Court of Oyer and Terminer before
Judge William P. Martin today.
The greater part of the morning
session was taken up with the OBJ
tanning of a jury, the examination
of the talesmen by First Assistant
Prosecutor wilburl A. Mott for the
State and Frank E. Bradner for
Fiore being rather exhaustive, es-
pecially as to prejudice against the
Italian race by Mr.. Bradner and
against capital punishment by Mr..
Mott.
Fiore, the prison pallor of more
than a years confinement in the
county jail showing plainly in his
face, took a deep interest in the
drawing of the jury and frequently
prompted Anthony r. Finelli, assoc
ciated with Mr.. Bradner in the de.
Tense. as to the fitness of jurors
called.
over on the other side of the room
sits Mrs. Maddalena ciecone, widow
of the murdered man, who is now
under sentence of death for. the kill
ing of her husband. Ciccone came TO
his death through a dose of Rough
on Rats poison given him by his
wife in a cup of coffee.
SAYS FiOre Dominated Her.
Mrs. Ciccone claims that she was
forced to kill her husband through
fear of Fiore, who had threatened to
kill her unless she got rid of her nus
band and go to live with him despite
the fact that Fiore had a wife and
children living in this city.
At this trial, as at the last, Mrs. Cie-
cone will be one of the principal wit
nesses against Fiore, as will 1S-year-
old Annie Ciccone, who gave testl-
mony at the trial of her mother that
resulted in the latters conviction of
murder in the first degree and the
resultant sentence of death in the
electric chair.
Prosecutor Louis Hood for the first
time since his appointment. is taking
active interest in trial, sitting at the
counsel table and advising with AS
sistant Prosecutor Mott.
1t took a few minutes over two
hours to obtain twelve men satisfac-
tory to both sides as jurymen. Five
talesmen were examined before John
T. Van Doren. an insurance agent, of
% Mitchell place, East Orange, was
satisfactory to both sides and was ac-
cepted as number one in the jury
box and as foreman of the jury. The
next man examined, Frank Walfinger,
of 70 Snyder street, Orange, was also
acceptable and became juror number
two. It took half an hour to obtain
the first two jurors, but after that
the box filled up more rapidly.
The Other Jurors.
The following, beside the two
named above. were chosen as jurors;
No. g. John Tanning, yardman, IS
Hartford street No. a. Wal
ter Culllin. clerk, Is Reed
street; No. 3, William d. Alli-
son. music teacher, S13 Ferry street;
No. g. Henry Hanford Day. silver
smith. S9S DeGraw avenue; No. Z, T..
Aborn. tea and coffee dealer, 562 PARK
avenue, East Orange; No. s, Alfred
Schachter. salesman. IA CantielG
street. Orange; No. 8, Harold Ring,
bookkeeper, $50 Summer avenue; No.
10. Harold AIaxfield, clerk, 20S North
Sixth street. No. H. Patrick j. Duff,
salesman. 81 Whitney street; No. Il,
James M. Sipp. clothing salesman, 81
Orchard street.
With the examination of Joseph
Browston. who was excused by the
defense. the special panel of forty
eight names was exhausted and
Undersheriff James f. Hyland COM
menced drawing from the general
panel. At this time eleven men had
been accepted and it took the draw
ing of eleven more names from the
general panel before James NJ Sipp,
a clothing salesman, was accepted as
the twelfth juror.
Nearly All Challenges Used Up.
Before the box was filled Assistant
Prosecutor Mott had used IL of the
II challenges the law gives him,
while the defense had exercised the
right of challenge is times, they be-
ing allowed 20 challenges. Five men
were excused by consent. while ten
over the age limit of 65 years, while
seven We're let go on pleading preju-
dice against capital punishment
Bernard Farley of Madison street,
a former keeper at the County Jail,
and who had been there practically
all the time F'iore was confined, was
excused by consent.
The panel as finally accepted seems
like we'll balanced one, the majority
of the jurors being middle aged and
married. AS soon as the jury had
taken its seats, Assistant Prosecutor
Mott commenced his opening argu-
ment to the jury, stating that the
State expected to bring conclusive
proof that Fiore was the dominating
figure in the murder of Ciccone and
Ct. IL was only through fear of him
that Mrs. Ciecone gave her husband
fatal dose of poison.
Mr.. Mott was very brief in his
opening and then called County Ply
stefan William II. Mckenzie as his
first witness. Dr. Mckenzie told of
being called to the Clccone home, 40
Garside street, on March 7. 1912, and
of finding Ciccone dead 1T was APP
parent" said DIR. Mckenzie, that
the man had died from poisoning"
Later the autopsy and chemicacl an
alysis of the organs revealed arsen-
ical poisoning, testified DR. Mckenzie.
With the conclusion of his testimony