Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-03-26
COMEDY OF ERRORS
IN CASE IN COURT
Denouement, Jail Sentence for
Contempt for One; Fines
for Three Others.


One man was sent to jail for ten
days for contempt of court and three
others fined 81 each by Judge Nelson
q. DUNCAN in the Supreme Court to-
day following rather curious mix
up between court, counsel and wit
nesses in a damage suit. This was
brought by Michael Parone, of Gray
street and Essex avenue. Orange.
AGAINST ovideo Bianehi for $4,000
alleged damage arising out of an
automobile accident in Orange on
November 81, 1911.
William Magrino, an employee of
the Brennan hat factory, in Orange,
was the man sent to Jail, while An
tonic Saporta, a barber; his brother.
John Saparto, an inspector employed
in the Edison plant at West Orange,
and Joseph DeVito, a halter were
the three men fined.
Hearings Began Monday.
Hearings in the case were started
on Monday with Algernon r. Sweeney
representing Barone, who is a minor.
and John \. Bernhard representing
Blanchi. The four men adtudged in
contempt were subpoenaed as wit
nesses by Bernhard and were present
IN court on Monday Yesterday the
two Sapartos and Magrino failed to
appear, and as a result a postpone
ment OF the case was necessary. In
the meantime Mr.. Sweeney had also
issued subpoenaes for their appear
ance and Informed the court that
they had been properly served.
on this representation Judge Dun
gan Issued bench warrants for all
three, and they were brought before
him yesterday afternoon. At that
time Magrino inforced the court that
James Kane. foreman of the Bren-
nan hat factory, where Magrino is
employed, had refused to allow him
to leave his work TO come to court.
while the two Saportas alleged they
had been told by DeVito that they
did not have to come to court,
During this hearing it developed
that the three witnesses had not been
served with subpoenas by Mr.. SWee-
ney, the latter explaining that the
papers had been given to clerk in
his office to serve and that when
told they had BEEN subpoenaed by
Bianchl The clerk deemed this sufli-
cient and did not serve the subpoenas
issued in behalf of Barone.
Judge DUNCAN stated to Mr..
Sweeney that this put the court in
an embarrassing position, as the
bench warrants had been sworn out
on the information of Mr. Sweeney
that subpoenas had been properly is
sued. Mr. Sweeney explained that he
regretted he had been In error
through the fault of his clerk
Denied the Statement.
Mr. Sweeney was then instructed to
examine DeNito as to why he had
told the Saportos not to come to
court, and got a denial that DeVito
had made such a statement. DeVito
does not speak English and the Sa-
portos could not make it clear what
they thought he had said to them.
Judge DUNCAN himself questioned
Magrino and when the latter told
him of the refusal of his foreman to
allow him to come to court he at
once ordered a bench warrant issued
for Kane, but, recalled it when in
formed that Kane was willing to vol
UNFAIRLY appear today>and tell his
side of the story.
Kane today told Judge DungaN
that instead of refusing to allow MAJ
grino to leave his employment to
come to court. he had told him to do
so, and supposed he had Magrino
had nothing to say in reply to this,
and Judge DUNCAN at once ordered
him committed to Jail for ten days for
contempt of court
In the case of the other three Judge
DUNCAN called their attention to the
fact that they had been ordered,
when they left court on Monday
night, to be present yesterday morn
ing, and that the fact that sub
poena had not been served on them
by the plaintiff did not excuse them,
as they were already under subpoena
by the defense. He then imposed the
fine of 81 in each instance. The fines
We're paid.