Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-01-29
MOTT PRACTICALLY
ASSURES CLEMENCY.
FOR MRS. C|CCONE.
Prosecutor Hints at
Mercy Even if
Convicted.
ANNOUNCEMENT COMES AS
BIG RELIEF TO JURYMEN
{oman Expected to Testify
Against Paramour in Sec
ond Murder Trial.

errupting Frank M. McDermit In
the midst of an impassioned appeal
to the jury for the life of Mrs. Mad
dalena Ciccone. on trial before Judge
William p. Martin today for the mur-
der of her husband in March last,
Prosecutor Wilbur A. Mott made
statement that it is thought will re-
suit in the jurors bringing in a ver-
dict of first degree murder at the
close of their deliberations.
McDermit had just referred to a
statement made by the prosecutor in
his opening address when he had
stated dat he did not seek the con-
viction of Mrs. Ciccone of murder in
the first degree In order to send her
10 the electric chair. but did so that
he would be able to get at the villain
back of her" He referred to Antonio
Fiore, her brother-in-la whom Mrs
Ciccone alleges forced her to poison
her huso nd by threatening to kill
her If 81 did not get rid of her hus-
band.
Interrupts Counsel.
McDermit, IN tensely passionate
tones, was urging the jury not to
find verdict for first degree against
the woman, who he claimed had COM
mitted murder under duress, when
Prosecutor Mott suddenly spoke to
him in a low tone. The two con-
ferred for a moment and then Nc
Dermit, addressing the court, said
he would be glad to suspend for a
few moments while the prosecutor
=. a. .<ff H. l..
matter he had not touched in his
opening address.
Prosecutor Mott then said: Mr..
McDermit has referred to the man
behind the gun, meaning Fiore l
want to say to you, gentlemen of the
5ury. that a conviction of first degree
murder against this woman does not
necessarily mean she shall die in the
electric chair. IT is the law of this
state that IL the woman goes on the
witness stand at the trial of Fiore
and tells the truth that she shall re-
ceive clemency in the sentence i'm
posed on her for the aid she gives
the State
Jurymen Impressed.
That was all Mott said, but it made
q distinct impression on the jurors.
An almost perceptible tremor of re-
lief went through them as they
looked at McDermit, waiting for him
TO continue. McDermit stood motion
less for full minute, letting the jury
absorb the words of the prosecutor,
and then said, slowly and impress
sively, to the jurors: 'All I desire to
say, gentlemen, is that in an expert
ence of thirty years with the prose-
cutor's office 1 have never know of an
instance where the prosecutor went
back on his word"
McDermit took almost two hours in
his summing up and his address to
the jury was "a splendid appeal for the
life of the woman. He repeatedly
called attention to the fact that the
woman was in constant fear of her
life at Flores hands and read the
indictment under which Mrs. Ciccone
and Fiore are jointly charged with
the murder, in which one count reads
that F'iore counseled, aided abetted
and commanded the woman to COM
NIT the murder. He also spoke of the
fact that the word "duress" was used
in the Indictment, which states that
Mrs. Ciccone under duress of Fiore
administered the poison to Ciccone
Z Prosecutor Mott made his closing
argument to the jury at the con-
clusion of Mr. McDermits address
The case will go to the jury late this
afternoon.