Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-09-19
Jury Frees w oman
After Deliberation
of Almost Two
Hours.
SPECTATORS WARNED
AGAINST DEMONSTRATION
Mrs. Moser Near Collapse as
the Decision Is Announced.
She Will Work in This
City.

brought in at half-past 3 this after
noon by the jury that had heard the
evidence in the murder trial of Mrs.
Mabel Moser.
The jury announced that it had
agreed upon a verdict at 2:02. 1t had
retired at 12:40 after charge by Chief
Justice William S. Gummers that was
regarded as favorable to the prisoner.
The chief justice returned to the
courtroom at 2:25. He warned the
specta iors who thronged the court
that no sign of approval or disap-
proval would be tolerated. Twenty
attendants were stationed through
the spacious chamber to see that his
mandate was not yiolaed.
When the foreman announced the
verdict there wes not sound. Mrs.
Moser, her glasses removed, was
paler than usual. Ase she heard the
words that acquitted her of the
murder of her husband, Ferdinand c.
Moser, she started forward and al
most collapsed. She caught the edge
of the table before here and, with an
effort, Strengthened herself up.
Her counsel, former Judge Wilbur
A. Heisley, asked the court to direct
her release.
81 viii discharge Mrs Moser," said
fhe chief Justice.
Then Mr.. Heisley turned to her and
said
You can go now?"
Wheref" was her quiet but mex
pressibly pathetic answer.
S soon as Mrs. Moser had recov-
cred her composure she left the court
room with her mother and son and
went to the sheriff's office. Later she
left the courthouse and went to the
home of some friends on Baldwin
street, where she remained for a short
time and later went with her mother
to Brooklyn, where she will spend
some time She said. after her
acquittal that as sson as she re-
covered her strength she would rer
turn to this city and go to work to
make a home for herself and son.
Mr.. Heisley and Prosecutor hood
each consumed just an hour and q
quarter in their summing up. and it
was just ten minutes of 12 when the
chief justice commenced his charge
to the jury. 1t took him just thirty
nine minutes to deliver the charge,
but as soon as the jury had retired
at 1888 Prosecutor Hood called his
attention to the fact that he had neg
lected to tell the jury that If Mrs.
Moser had killed her husband by ac-
cident, other than in an attempt to
save herself from death or great
bodily harm, she was guilty of man.
slaughter In his charge the chief
Justice had said that IL Mrs. Moser
accidentally fired the shot while she
feared her own life was in danger
she was guiltless of crime.
Jury Is Recalled.
The chief justice had the jury called
back and charged them briefly on the
point brought out by Mr.. Hood and
they finally retired to their room for
deliberation at 12:40 o'clock.
The charge of the chief justice was
regarded as very favorable to the
woman, so much so that it caused
comment around the Court House.
In the first place the chief justice
practically threw out the States con-
tention that it might have been
jealousy that prompted Mrs. Moser
TO kill her husband by pointing out
that no evidence had been adduced
to show that any jealousy existed.
There has been nothing in this
case to show that Mrs. Moser was
jealous of her husband or to show
that he was interested in any other
woman. He had lived at the Stirling
street house for only five weeks and
Mrs. Moser, SO far as the evidence
shows. did not even know that Miss
Marie I.edos existed until the night
of the shooting. when she went to
the house and was admitted by Miss
Ledos This young woman and her
mother are the only two who have
been mentioned in the case and there
is nothing on which to base any con-
tention Of jealousy
Points to, Conflicting Statement.
The chief Justice took up the evil
dence given by Edward J. Delaney.
the next-door neighbor, who testified
he had heard Mrs. Moser say just
about the time of the shooting: You
won't putsyour arms around other
women any more" Before referring
to the actual words the chief justice
pointed out that the sound OF voice
would have to travel through two win
dows and a considerable distance be-
sides to reach Delaney, and again ad-
yerted to the fact that no motive for
/. jealousy had been shown. He also
called attention to the discrepancy in
statements of Miss Ledos and Mrs
Moser as to the words that actually
preceded the shooting. Miss Ledos
testified that she heard Mrs. Moser
scream 'I'll kill you!" just before the
shot was fired. Mrs. Moser testif1ed
that Moser had said "I'll Kill you
now anu lnat Sne ndu Sdiu Doh
kill me-"
When the jury had retired Mrs
Moser was taken to the prison pen of
the Court House to await the reach
ing of verdict, while Chief Justice
Gummere left the Court House at 1:10
o'clock for luncheon, stating that he
would be back in half an hour. or
sooner tnan that if a verdict was
reached. The general opinion was
that verdict of acquittal would be
reached within an hour after the Jury
had retired.
The taking of evidence in the case
and the opening argument to the Jury
by Prosecutor Louis Hood, as we'll as
the summing up of Charles M. Myers.
counsel for Mrs. Moser, was finished
late yesterday afternoon, leaving the
final plea of former Judge Wilbur A.
Heisley, for Mrs. Moser, and the last
words of Mr.. Hood, for the State. for
this morning.
In his address Mr.. Heisley tore to
pieces the testimony of Miss Marie
Ledos and Edward Delaney, the two
witnesses who had given the most
damaging testimony against Mrs.
Moser. In arraigning Miss Ledos, Mr..
Heisley did not mince words and said
that she was either suffering from a
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