Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1916-01-29
BOV|NO GUILTY
OF MURDER IN
FIRST DEGREE
Gangster Convicted of the Muir
der of Special Policeman
Miserendino in 1914.
DEATH PENALTY TO BE
PRONOUNCED NEXT WEEK
Prisoners Counsel Announces
an Appeal to a Higher Court
Will Be Taken.

Thirteen times James Bovine. alias
Jimmy Bennett, heard his doom OF
death pronounced by Il jury in the
Court of oyer and Terminer last
night. This was the conclusion of the
second trial of the prisoner for the
murder of Special Policeman Frank
Miserendino.
When the foreman announced
Guilty of murder in the first degree, -
the pallid, weak-looking gangster
didn't seem to realize that ii meant
his death In the electric chair, but as
the jury was polled and each of the
twelve men solemnly repeated Guilty
Of murder in the first degree" the
meaning Of the verdict came to him
and he almost collapsed.
The death sentence will be pro-
nounced by Judge William p. Martin
on Monday. Unless Frank NJ. Nc
Dermit, his counsel, is successful in
his appeal to the higher courts to set
the verdict aside, Bovine will die on a
date to be set by the court. Mr.
McDermit declared last night that he
was positive that the verdict would
never stand and would be set aside as
against the weight of the evidence.
Jimmy never did it," said the mem
bers of Jimmy's gang as the word
reached them in the corridors of the
Court House few minutes after the
condemned man had been taken away.
Jimmy never pulled q gun on a man
in his life,n continued one of the gang.
He amt got the nerve. Everybody
knows that he's yellow and would be
n
only thing Jim could do was talk and
he could talk as hard as anyone but
when it came to action he never was
there"
With which declaration the crowd
slowly left the building cursing the
Jury that convicted their pal. They
stopped their maledictions long enough
to hear Frank McDermit declare that
the fight was not over, and that
BoYino still had a chance in an appeal
TO the upper courts. Some left specu-
lating on what loophole there might
be found to save Bovino, while some
discussed and argued as to which of
the witnesses and what testimony led
the jury to convict.
Bovine was convicted of the murder
of Frank Miserendino, better known
in the Ironbound district, where he
lived, as Frank Baker, a special
policeman. Miserendino was shot in
a quarrel over a, woman in a dance
hall at 23S Oliver street, April 81,
1914, and died the following night at
the City Hospital, declaring with his
dying breath, according to States
witnesses, that Jimmy Bennett" shot
him.
First Jury Disagreed.
Three weeks ago today jury that
had heard the evidence reported o
disagreement. Bovine was placed on
trial again last Monday, the jury
retiring yesterday afternoon shortly
after o'clock and returning at 10
last night. During the course of the
trial Mrs. Susan Brown Clark-"Big
Sue"-one of Boyino's witnesses. and
Miss Anna May Gilling, States
witness, were placed under arrest and
charged with perjury, and William IT,
Briengener. an eleventh hour witness
for the defense, was held under bail
When the jury came into court last
night Judge Martin was on the bench,
and Frank NJ. McDermit and William
Q. AZzoli were present TO represent
Bovine, who stood between two at
tendants in the prisoners dock. The
only other persons in the big court
room were the court attendants, the
clerks, neWspapermen, and two
women, visitors to the building, who,
presuma bly,. from curiosity, wanted to
see the jury come in.
~- The foreman, William McCully, of
lS5 Highland avenue, first announced
the verdict. Bovine, a sallow, stupid
appearing fellow, of twenty-six
years, shifted his eyes from one juror
to another and finally looked plead
ingly at his counsel Mr.. McDermit
asked that the jury be polled, and
the clerk, Thomas McLelland, pro-
cedeed to comply with the request by
asking each juror his verdict.
As the foreman repeated guilty of
murder in the first degree" Bovine.
apparently aware of what it meant
for the first time, swayed unstead-
lily. His eyes filed up. his lips
wanted to smile. He looked from the
jurors to the Judge and to his coun-
sci, trying, it seemed, to close his
dry. trembling lips.
Several of the jurors seemed to be
affected by the mans piteous ex-
preston and turned away as their
turns came to pronounce their YER
dict. Some had difficulty in making
their replies audible to the clerk. ten
feet away. As the last Juror uttered
the words, the thirteenth time they
had been spoken, the whole twelve
men were watching the prisoner,
whose face. as white as chalk. turned
towards Mr.. Mcpermt
As he was led away he gasped,
oh God" For more than an hour
in his cell ON the floor above ne re-
Page 4 Column A