Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1916-01-28
SENSATION IS
SPRUNG At THE
BOV|NO TRIAL
New Witness Says He Heard
Miserendio Declare He Didn't
Know Who Shot Him.

Just as counsel were preparing to
| sum up in the trial of James Bovine
| for murder in the Court of oyer and
| Terminer this morning. Frank NJ. Nc
| Dermit, counsel for The defendant,
asked the courts permission to reopen
| his case and put new witness ON the
| stand. The permission was granted
and William II. Briengener an en-
! ploye of the Alderney Dairy Company,
/ was called.
Breingener went on the stand and
Swore that Frank Miserendino. The
man Bovino is. accused of killing.
never made a dying declaration
| charging Bovine with firing the fatal
/ shot-as testified by three or four
/ policemen who claimed they were at
! the dying mans bedside at the City
/ Hospital when the statement was
/ mode. Breingener also swore that he
was patient at the hospital and was
/ at Miserendino's bed when he die l..
! aud that death occurred at l0:3o
o'clock of the morning of April y,
| 1911. The States witnesses had sworn
| thai Miserendino died at midnight IF
| the twenty
Breingener's testimony. coming at
| the last minute, created sensation
J Martin. who is presiding at the trial,
| ordered that he he taken into custody
/ and held in bail as n material wilt
ness.
! Until today. the court, prosecutor
/ and counsel for the defendant had
never heard of Breingener. Mr.. Nc
Dermitt told the court that he had
not even heard the young mans story
before he went ON the stand, having
been assured that he knew important
facts in connection with the case.
Breingener said he was twenty-five
years old and an employe of the Al
derney Dairy Company. He had sew
eral fingers on his right hand ampu-
tated at the hospital on April | and
was patient FOR nearly q month
When Miserendino was brought TO tine
hospital the night of April 21, after
he had been shot in a dance hall on
, Oliver street nreingenes swore he
had 10 give his bed to him and take a
cot nearby,
\ number of policemen SOW Miser.
E, endno that night he declared, and
the next day several came about 10
o'clock. They asked AIiserendino who
shot him. the witness testified. Miser-
endino replied: Il don't know who
shot me; | don't know"
Three minutes later. according to
Breingener, Meserendino expired. The
witness was positive that this was
the fact. lie could moi recall who the
policemen were. He declared that he
I stood at the head of Meserendino's
i bed while the police officers talked to
| the diving man and remained there
until he died.
! Brcingener admitted under cross
/ examination that he had seen "Chick
! 4l,n Of lo do
| hall where the shooting occurred. and
one of the principal witnesses to
! establish an alibi for the accused man.
| lie saw collins" last night, he said,
ON the advice of a man he told about
the case collins advised him to
come to the Court House today and
/ testify.
As his excuse for not coming for
ward before today. Breingener. as
serted that he knew nothing of the
| trial until he read of it in the news
papers the other night, and that he
/ then read of the policemen testifying
TO AIiserendmo's dying declaration.
II said to my wife: This fellow isn't
, getting Il square dead. I'm going to
j 90 down and tell what | know in the
/ interest of Justice
Patrolmen James ID. Bell. Walter
Byrne and John l.. Miller were called
to rebut Breingener's testimony as to
the time Of Miserendino'S death and
lis dying words They all swore
again that Miserendino didn't die
until midnight and that they were
called from a banquet in honor of
Captain Christie i'm the Ironbound
district by a nurse. who said Mis-
erendino was dying and wanted to
see them.
! Miss Lulu Fields, n nurse at the
hospital. corroborated the policemen $
testimony The policemen and the
nurse also testified that they did not
see Breingener at the bedside,
although the nurse said she knew he
was i'm the ward at that time.
Summing-up started after the. State
| had finished its rebuttal. The. case
will reach the jury. late today.