Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-12-23
ADMITS KILLING;
VERDICT, ASSAULT
Jersey City Judge Scores Jury
for It's Remarkable
Finding.
GREATEST TRAVESTY ON
JUSTICE" HE EXCLAIMS
one-Ti Opponent of Mayor
Kline confesses on Stand to
Shooting Boy.

JERSEY CITY. Dec. 23.-When the
Jury in the trial for murde:. of Ber-
nard Pagan. coming into the Hudson
Court of Oyer and Terminer at mid
night last night. announced a verdict
OF Guilty of assault and battery"
Judge George G. Tenant arose in
wrath, leetured the jurors and dis
charged them from further service for
the term.
Pagan was being tried for killing
Joseph Crowley, an eight-year-o
BOY, when, on the night of October
Il, he fired several shots into a crowd
OF noisy youngsters playing about a
bonfire outside his home at Tenth and
Erie streets. The State finished sum-
ming up at 1920 p. m, and Judge
remnant waited an hour and half
while the jury deliberated. AS soon
as Judge Tenant heard the verdict
he arose from his chair
Gentlemen" he exclaimed in
Wrathful voice. "the court is COM
PEELED to accept your verdict. but it is
the greatest possible travesty on JUS
tlce. You have done a great inJus-
tee. There is not word in the evil
dence to Justify your verdict
Discharged for Term.
You are discharged. not only from
this case, but from all duty for the
rest Of the term
The jury was one drawn from the
panel of petit jurors. 1t is custom
airy for Hudson judges to thank the
jury at the conclusion of a case. The
absence of the thanks of court is
sometimes made the only criticism
of a Judge when the verdict gives rise
% ahs av-4. g I'D
The discharge of the petit Jurors for
the balance of the term is the most
serious criticism a Judge can pass
upon a jury.
Pagan who is flfty-five years old,
an electrical engineer employed in
the Brooklyn Navy Yard, and a naval
veteran of tho Spanish War. and for
merly candidate against the present
Mayor of New York. Ardolph Kline.
for alderman in BROOKLYN, was ar
rested at his home shortly after the
shooting. He was indicted on
charg, of murder.
A revolver. with one chamber load
ed and an empty cartridge on which
the hammer was still down. was
found on the floor Of his bedroom.
He denied that he had shot anybody
and until the State finished its case
yesterday maintained his innocence
Then he told George E. Cutley and
Alexander Simpson. counsel assigned
to his defense last Friday, that he
had shot young Crowley. but when
he shot his design was merely to
scare the boys. He told this story on
the stand, declaring that he shot in
the air, as he thought. Judge George
G. Tenant permitted counsel to re-
open the defense and change its
character.
Philip j. Kane, Thomas Guthrie,
Thomas Hickey and twelve-year-o
John O'Donnell, all Of whom live in
the neighborhood. all testified to see
ing Pagan shoot young Crowley, and
Jacob MentZ. patriarchal-looking
Hebrew baker. testified to going to
Fagan's home the night of the shoot
Ing and telling him that boys were in
the yard near Fagan's stable and
We're probably trying to steal his
chickens.
Pagan then took his revolver and
rushed out to the boys around the
bonfire and blazed away, the witness
said