BOSCO COMMITTED TO COUNTY JAIL CELL
Barber Held in Slaying Case Pending
Formal Indictment by Grand Jury

Sam Bosco, mid-city barber, was held for the county prosecutor's office on the charge of murder, following court action yesterday termed by Police Judge Gene R. Mariano as unprecedented in Camden legal annals.

Prosecutor Samuel P. Orlando announced he tried to bring the grand jury together for action in a true bill against the prisoner. The members had scattered so widely, however, they could not meet, but the true bill is 
expected Friday, when the jury makes its presentment.

Bosco is cited in connection with the death of Angelo Magalas, restaurant chef who died as a result of a holdup of a card game at 725 Penn Street, January 10. Magalas was shot in the arm during the crime, and the wound reputedly hastened his death from another ailment from which he was suffering.

Arrested at Jury Room

The action against Bosco follows an odd legal path. The barber was waiting to be called by the grand jury as a witness into the 

Sam Bosco (left), central city barber, is shown as he was arraigned before Judge Mariano in police court yesterday. He was held on a charge of murder in the fatal shooting of Angelo Magalas during a holdup. City Prosecutor Mitchell Cohen is shown standing beside the prisoner, who was handcuffed because he allegedly threatened a guard Saturday night.

death of Magalas, for which Frank Luggi is now sought.

While Bosco was sitting in the anteroom awaiting his call before the grand jury, Detective Thomas Murphy placed him under arrest.

At the time it was believed a true bill had been found against the man, but it has developed the arrest was on a warrant obtained by Murphy.

When Bosco arraigned yesterday it was revealed the charge was murder, but he was held under the warrant which Murphy had obtained, and the grand jury had not found the true bill to date.

The court was puzzled as to the action that could be taken in the case, but Judge Mariano said he remanded Bosco, on the wish of the prosecutor who told the court he would summon the grand jury to act on Bosco's case.

"I was informed the grand jury would be summoned" said Judge Mariano, "and I know the prosecutor did get in touch with some of the members, but they were not all available to sit.

Held for Prosecutor

"Hence the prosecutor may bring them today, tomorrow, or any other day that suits. No case such as this has ever come to my attention, and I simply acted to aid the county prosecutor's office, and to put Bosco in charge of the county officials and out of the city's hands, where I do not believe the case should rest at present time.

"I suggested to Prosecutor Orlando that it would be well to obtain a bench warrant in order to hold Bosco, and he agreed with me at that time. We also called in John L. Morrissey, counsel for Bosco, and I understand that he agreed with the procedure I had outlined.

"So I held Bosco to await the action of the county prosecutor's office and he is being held a prisoner under those exact circumstances. Bosco is charged with murder now."

Hearing Held Unnecessary

Bosco appeared in court unkempt, unshaven and handcuffed on complaint by Detective Murphy that on Jan. 10 Bosco "did feloniously and willfully murder, kill and slay" Magalas in a card game holdup was not read to the prisoner and he was not even asked to plead.

"For the purpose of the prisoner being committed to the county jail pending a further hearing next Monday, there is no necessity for a hearing at this time," said City Prosecutor Cohen. "He has already been indicted.

"The usual procedure is to hold a hearing only When there has been no action by the Grand Jury, but in this case, the indictment having been found, it is necessary only to send him to the county jail on the strength of the indictment."

John L. Morrissey, Bosco's attorney, objected that no indictment officially has been presented, the Grand Jury not being scheduled to make its formal presentment until Friday.

"Detective Murphy," Cohen replied, "was instructed last Friday by the Grand Jury to take this man into custody because an indictment had been found. If counsel insists on production of the indictment, I believe the case should be postponed until Monday."

"In three days," Morrissey argued, "we have been able to obtain absolutely no information regarding the evidence or witnesses. There is no indictment officially. Of course, it is common gossip that the defendant has been indicted, but neither the county nor the city seems to know what to do with him. I think some evidence should be presented to show us why he is being 
held."

Murphy interjected that both the Grand Jury foreman and Assistant Prosecutor Patrick J. Harding had instructed him to arrest Bosco, but Morrissey replied that "that is only hearsay evidence."

Jury To Be Called

"I have been in touch with County Prosecutor Orlando," Judge Mariano explained, ''and he is going to call the Grand Jury together as soon as he can to make a special presentment."

"Well, what is our status here?" inquired Morrissey.

"He is a county prisoner," said Mariano, "the city has nothing to do with it. If an indictment has been presented, the county would be able to have the defendant. I see no harm committing him until further action by the Grand Jury."

Morrissey then asked that bail be set. Cohen objected on the ground that the court had no legal right so to do. Mariano said he had the right but would not set bail.

"This is the first time I ever saw a defendant held without evidence or testimony," remarked Morrissey.

"There will be plenty of witnesses when the time comes," Cohen answered.

"What do you know about it?" Morrissey shot back. "You don't know anything about it. You don't even know who the witnesses will be."