The Star And Newark Advertiser

ADUBATO MUST JUSTIFY KILLING OF SANTAMARIA

Special Instructions in Policeman's Case Given by Chief Justice Gummere.

Special instructions were given to the grand jury by Chief Justice Gummere last night in connection with the shooting to death by Policeman Thomas S. Adubato, of the Third Precinct, of Raffaele Santamaria, a saloonkeeper of 35 Adams street, Friday night.

"Unless," were his words, "the killing was justifiable, Adubato is guilty of felonious homicide. It was not justifiable unless it was done in self-defense. The investigation should be carried on to determine whether or not this was so.

"If you find that it was not a case of self-defense, you must consider what crime you will indict for.

"If Adubato was the aggressor he was clearly guilty of murder. If the other man was the aggressor, but Adubato took more liberties than he should have under the law, then the question whether he is guilty of murder or manslaughter rests upon the condition of his mind at the time of the shooting."

The accused policeman is under $10,000 bail on a formal charge of manslaughter, made by his captain, Peter Christie.