Perth Amboy evening news., 1922-01-05

The after-trial procedude in con-
nection with the case is going ahead
even faster than the trial itself
Less than one hour and half
elapsed between the pronouncing OF
sentence and the drawing of the
death warrant which is to end
Cares life next month. Judge Ber-
gen signed the warrant Immediately
after it was made out.
Although there was no bodily
harm threatened when the prisoner
was taken from the courthouse to
the county jail following the closing
of the trial, the sidewalks were
packed with people who Missed the
convicted murderer and hurled
abusive epithets after him. Cares
was not feased by the demonstra-
ton, however, and showed no sign
that he was aware of the presence
of the crowd as he walked between
Alfred Puershner, warden of the
jail. and County Detective Ferd A..
David.
No announcement as to when the
murderer will be taken to Trenton
has come from the sheriff's Office
yet but the usual custom is to hold
q convicted man forty-eight hours in
order to allow the prisoner and his
counsel to review the case for pos-
sibte appeal. No hint of an appeal
has come in this case and it is not
thought likely that any such action
will ensue. The sheriff's Office 81
prepared to remove Cares to Tren-
ton at any time.
The attorneys for the state ami
defense consumed about fifty mia-
utes in summing up their cases and
Justice Bergen took another htif
hour in instructing the jury in the
rules of law and in making his
charge.
Judge Bergen pointed out that in
the event of a verdict of guilty be-
ing returned against the prisoner Il
would of necessity be one of murder
either in the first or second degree
and that manslaughter could not be
considered. The evidence in the
case, the judge said, showed that the
person who committed the crime
unlawfully took life and that muir
der was the only charge possible II
a verdict of guilty was returned.
1t was also noted by the court "a
mis- charge to the jury that If ves-
dict of guilty be brought in accom-
panied by recommendation for
clemency, the sentence would prob-
than the death penalty. In closing
his remarks Judge Bergen reviewed
the evidence is brought out in the
course of the trial, but admonished
the Jury to recall their own impress
sions rather than those transmitte1
by him.
The Cares trial is one of the most
peculiar ever heard here. in that M
effort was made by the prisoner TO
deny any of the charges against him.
He was alleged to have murdered the
girl and to have committed grave
crime at the same time and to each
charge no effort was made either 70
deny or admit the accusations.
Although the evidence against Cares
is largely circumstantial. it is so
complete and closely that these
seems to be little doubt that a ver-
dict of first degree murder will be
the result of the deliberatlon OF tue
jury.
-Four witnesses were heard this
morning in rebuttal before the coun-
sci for either side began to sum mp.
Each witness contradicted Cares
story that he was not in New Bruns-
wick from Monday morning until
Saturday night. Louis Adler, To-
cal electrical contractor, testified I
that Cares worked for him on MonX
day and Tuesday of that week anK
that he was paid off at o'clo&
Tuesday night. Harry SilverstZl
proprietor of a restaurant here ffa
Cares came to his place at o'9loc1
Wednesday night with refereffe 20
do work he was going TO do for him
and returned again the followiysg
morning. Leonard Hill, a local tras-
fic officer testified that he talkes. 8
with Cares Thursday morning at
9:15 o'clock near the railroad ssa-
tion. this being the morning OF ne
murder Thomas Morris. a carpeis-
Ter, said he worked all day vita
Cares on Tuesday on a job in NeN9
Brunswick. Cares returned en-
Wednesday morning for his tools, the
witness said.
At 1906 the rebuttal had been
completed and the lawyers began ~
sum up their cases. The court room
was packed to capacity, a large NUM-
ber OF women being in the audience.
Cares was the only witness cali
ed for the defense yesterday after
noon. His counsel said Cares de-
Continued on page %
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