Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1916-01-15
BOV|NA Jury
D|SAGREES AND
IS DISMISSED
Unable to Reach Murder Case
Verdict After Nineteen
Hours.

Unable to agree after nineteen
hours deliberation, a jury in the case
of James Bovine, tried in the Court
of Oyer and Terminor for murder,
was discharged today by Judge Will
lam p. Martin. Bovine was remand.
ed to be tried again Monday, Janu-,
airy q.
1t is understood that at the time
they reported a disagreement the
jury stood five for a verdict of mur-
der in the second degree and seven
for acquittal. The first ballot, taken
Immediately after the Jury retired at
3.30 yesterday afternoon, is said to
have showed the jury six for second
degree and six for acguittai.
When the jury was locked up al
11:15 o'clock for the night the vote is
said to have been seven for second
degree and five for acquittal. Two
of those who voted for second degree
turned over and voted for the ac-
quittal. When the court asked If
there was any possibility of an agree
ment, John Kenny, jr., the foreman
said there was, but Madison Alling
and several others said that no agree
ment could be reached and the judge
discharged them.
Bovina was accused of shooting to
death Frank Miserendino. a special
policeman, in a Tenth ward dance
hall Detectives testified that Miser-
endino on his death bed accused
Bovine of shooting him.
John Kenny, jr., a salesman of 48
Montrose street. was foreman of tha
jury. The other members We're: Jo-
seph D. Allen, architect, 72 st. Paul
avenue; jacques Hohl, retired, 200
Grafton avenue: Richard =. Ashwell.
electrician, Parker avenue. South Or
ange; James a. Gallbraith, broker, 20
Morton street; Adm Miller painter.
Main street. Millburn; Arnold Il.
Hoffman, flower company, A Pointer
street; Daniel NJ. Brown. retired, 6S3
Bergen street: Patrick Higgins, car
penter, "a Brighton avenue, Belleville
Madison Alling, salesman 974 Broad
street; James Pope. grocer, 27 Sum
ner place, and William McRae, cream
separator. 516 North Third street.
Crowds at Court House.
A crowd Of forty or more Of Bowl
nos friends gathered in the corridors
of the Court House to await the YER
dict last night. To prevent any
demonstration the doors of the court
room were locked and everyone eX-
cluded. When it was announced that
liG jury WAS W De lbCkeu up lOI Lilt
night, BoVino was secretly taken from
the building and put in the prison
automobile and Whirled off to the jail
before any of the crowd knew what
was happening.
When word spread to the waiting
crowd, there was a rush for the tun-
mel under the steps, where the prison
ers are brought out. but the tunnel
was dark and locked. Later, just be-
fore midnight, a crowd of young
ganRsters were seen hanging around
the county Jail ON Newark street. but
nothing happened. Under Sheriff
Conrad Deuchler took personal
charge of the arrangements for the
removal of the prisoners.
The authorities do not believe that
any violence was intended by the
crowd, but think that it gathered to
make a demonstration in the event of
Bovino's acquittal. From the general
talk of the youths i'm the crowd it
would appear that Miserendino, alias
Frank Baker. the man whom Bovino
is accused of shooting, was not any
too well liked by the underworld. He
was often suspected of aiding the po-
lice in various cases.
MiSerendino. according to the teSti-
mony, slapped "A young woman known
as big Sue" after a quarrel in
dance hall at 23S Oliver street, on
April Il, 1914. According to the
States witnesses, Bovine resented the
assault by shooting Miserendino. The
defense brought witnesses who testi-
fed that Bovine was not in the dance
hall when the shot was fired.