Evening journal., 1919-01-14
MULIQUAT7I ON
TRIAL FOR life
Defendant Charged With
Having Murdered Frank
Swrwlec September Is
WILBUR L. ADAMS
COUNSEL FOR ACCUSED

Trial OF Charles MulaquattI, on a
charge OF murder Of Frank Surwiec,
was started before Chief Justice Penne-
will and Judges Conrad and Helsel, In
the Court of Oyer and Termlner, this
morning. Wilbur l.. Adams is counsel
for the defendant and Attorney General
Reinhardt and Deputy Attorney General
Green are conducting the prosecution.
The jury sitting In the case Is COM
posed OF Willard Gould, foreman; An
drew Hofer, Samuel Johnson, George
A. Messlck, Harley A. Mousely, Harry
Voshell, John Berry, William r. Stew
art, William r. ONell, John ]. Size,
John Schuyler, Jr. ana Lewis Potts.
Mulaquatti Is alleged TO have stabbed
Surwiec in the stomach at Second and
Walnut streets on the night OF Sep
tember IS. Survived lived for about one
week after the assault.
John j. Hughes, a soldier, was the
first witness called by the prosecution.
He testified that he met Surwiec al
Front and French streets and was with
him for some time. Mulaquatu hap
pened 20 pass them and the dead man
casually SAID hello" TO him. The de-
fend5nt did not seem 10 appreciate the
greeting and made some surly Tetort
Hughes said that Mulaquatt was a
short distance ahead of SuIwiec. on
Walnut street, when the latter left TO
go home. Survived passed the defend
ant, the sod er said, when Mulaquattl
made a jab at him. Hughes testified.
The witness said that he ran up TO his
companion when he hea HIM make an
outc-y. Discovering that Surwiec had
been stabbed, he went after Mulaquatti
and cap,u ed him after chase OF about
two squares. The defendant, the Wit
ness said, tried then 10 hit him with
the knife, but that he lwitness) knock
ed him down and brought him back 10
the place Of the assault.
The dead man had told Hughes tha,
his name was John Smith.
Dr.. Jullsn Adair said that Survived
died at the Homeopathic Hospital OF
September q, days after the assault,
as the result OF a stab wound in the
abdomen.
Winfield sawdon, a Negro, testified
10 seeing Mulaquatti plunge something
into Surwiec's stomach and 10 seeing
Hughes capture the defendant
Oflcer Samuel Gamble said that Null
aquatti. after his arrest, admitted that
he had cut Survived because they had
had some trouble between themselves.
The injured man, at the time, gave his
name as John Smith, Of No. ii2 Wal
nut street.
Police Sergeant Fox testified that
MulaQuatti, when taken into custody,
said: He IS a d-n German, anyway"
meaning the deceased.
Wilbur l.. Adams, counsel for Mula-
qilattl, In opening for the defense, told
the jury that the defendant was not In
a position 10 go on the stand and deny
what the State charged him with, but
was in a position TO declare that he
did it while under the influence OF
liquor and did not know what he was
doing. II you believe his statement
that he was too drunk 20 know what
he was doing, Will ask you for a YER
dict Of not guilty" said Mr.. Adams.
The defendant was then placed on the
stand.
He testified that on September 70 he
was employed at Edge Moor as a la
bo er He came to this city on Septem-
Der i5, 10 pay a store bill. he said, and
then went to see a friend. Between
them. they drank three quarts Of wine
and then went to a saloon with two
other friends and six or seven whis-
kies. He then bought a quart Of whis-
key with some soldier friends, and after
drinking a quantity Of that, lost his
bearings. He could remember nothing
further that occurred until he awoke
the next morning in a cell.
The prosecution did not cross-eXam-
ine the defendant.
Several character witnesses were
placed on the stand by the defense. All
were Italians from Philadelphia.
In rebuttal, Police Sergeant Fox was
placed on the stand He said that Null
aduatu, when arrested, did not act OF
talk as If he were drunk. He walked
steadily, he said. and apparently knew
what he was doing.
Hughes said that the defendant
walked and ran as II he were perfectly
sober, but the witness said that he did
smell drink on him
Other witnesses testified that Mula-
Quatti acted as II he were entirely sober.
The court recessed until 2.3O O'Clock.
on application Of Caleb Z. Burchlnal,
counsel for the defendant the case OF
Thomas Hicks, a Negro, charged with
the murder of Robert B Harris, was
continued until the March term Of the
Court OF Oyer and Termlner.