The New York herald., 1869-02-24
COURT Or OYER AnD rrsnssa


COURT o. OYER AND TEsmasA
The Trial Of Donate DInsaIdo-The Prisoner
Convicted % Murder In the Second Degree.
Before Judge Barnard.
The People, de-, vs. Donate Ad0Gxdo This trial
was resumed yesterday morning, much larger
crowd being present IN court than ON Monday. Mr..
Ksczinski acted as interpreter and though Mr.
Rapallo and Colonel Tine were present, his inter-
pretaron OF the evidence was fully satisfactory and
no objections were made.
Francesca Tavalieri, recalled, ana witness con-
tinued, through the interpreter-Baxter street Is
about forty PAGES wide; these men when first saw
them were on the opposite side OF the street, they
were walking then they stood still and then crossed
the street; they about eight PAGES rom the pris
oner when thus saw them; was eight PAGES from
the prisoner the others were forty or y PAGES from
the prisoner: all three together came across the
street; they walked across in the same line; they
were all on the sidewalk and then turned and
gether; Ryland was neither behind nor In advance
they were all together; II saw them would know
them; saw one Of them sitting In this seat yester-
day; they al 1rst advanced slowly, and when they
crossed the street they walked faster directly TO-
wards tue prSoner as soon as they crossed the street
and came nearer TWO Of them appeared to be taking
on their coats, and one said s!Let him alone he is
not The one who whipped the woman ~; It was
the man who is dead. and who wanted TO
take on his jacket, made this remark;
the man who was Killed took or his coat; 1t was one
OF his TWO companions who made the remark to the
man who is dead; understand the English language
when hear II spoken, but cannot speak IL; the
prisoner was about two PAGES from them when they
were taking OFF their coats: the prisoner had bis
arms folded and said In Italian, II do not under
stand thee;" then the man who is dead said 81 will
kill y0u" and put his hand on his own hip under his
coat; ne looked ut the prisoner when saying IT, and
called him, Two or three times q son Of b--h; he
accused him OF maltreating woman on the
same afternoon about one O'Clock; he was walking
2Lr. tp an IN w
he was drunk or not; he did not use any other pro-
fame language; he was making movements in the air
| saw the prisoner give one blow TO the deceased;
the deceased tried to strike the prisoner two three
times and the prisoner slipped back against tue
wall.
70 wltness-Q. What did you think the prisoner
was going to take from his pockets
Objected TO and Overfuled.
q. Did you or the other men tell prisoner that the
deceased had weapon aud was about TO kiil him :
A. Yes, sir; the other italian told prisoner lake
care, he has y weapon;n told MIN that deceased
called him son OF b-h and wanted
70 ngnt hun; they were facing each
soner arcw his knife they were facing each other,
standing face to face; after the prisoner drew his
turned him partly around and stabbed him witness
described the movement upon the nterpreter); then
deceased went away about ten PAGES before he tell;
tne prisoner remained standing where he was from
ten To twelve minutes.
Cr0ss-examned-Deceased was standing on the
sidewalk when he was struck; am certain about
that; he stood upon the sidewalk and did not move
way or the other; there myself and another
Italian little distance from the prisoner; the pri
soner was Standing alone; no other Italians
were near prisoner; the prisoner remained
there ten or twelve minutes after stabblng
deceased after thai he went or In walking
step, without the knife In his hand; he had put II
back where no had taken 1t fr0m when he walked
away did not see him any more; | saw deceased
walk OH and fail ON tile ground; walked or the side
walk across The street and fell near the opposite
sidewalk. (Witness identified Seaman ana Golden
as the men VINO crossed the street with deceased.l
These Two men stood there Until deceased struck
with the knife; they ran on Immediately after
ceased WIS struck; they were all three standing close
tOgether the deceased stood between the other two;
they stood side by side across the sidewalk, and
prisoner stood with his back the wall Of
stood on his right side further from
the wall aud the other Italian stood near
me; prisoner held the knife ia his left hand and
took hold OF deceased with his right hand nothing
was said after the blow was struck; deceased ran
away three or four steps, and then went slower and
have got u knife" or anything like that; there
were blows struck except the stab; when they
got near the prisoner one OF the three said, .sYou
son OF b--h, you have beaten the woman, . and
prisoner said In Italian II don't understand him;r
the deceased shook his ist almost under the nose OF
prisoner; one OF them SAID, "Let HIM alone. he IL
not the man;' then the deceased made movement
OF buttoning his coat put his hand IN his pocket
aud sad, G0d d-n, Will Kill you ~; then prisoner
took hold OF deceased and stabbed him: that 10
all that was SAID.
i,edIrect-Q. DO you known anything about an
lrishwoman having been beaten by an Italian that
day. Question 0verrnled.
Luigi Casea was then examincd-l reside In Null
berry street: lived In Baxter street before; lived
in Mulberry street one month; lived at No. ~
Baxter street last July; ! am pedler know the
prisoner; he came to this country ten or eleven
months ago: / nave known him all the time; his
character y very good don't know OF his having
any difficulty before.
.. DO you remember the Fourth OF Iuiys A. BY
Godl II remember its WAS IN the back yard that
day; see prisoner that day; see John Ryland; he
the corner OF Baker street: ne had two along with
him. OF course l see those men; see them here wit
ncsses Yesterday identified Golden anu Scanlan);
was at No. 10 when see thein the prisoner was not
with me he was at %, with his hands on his Breast
tine other the street: all three to-
gcther; they were coming to the prisoners they were
coming pretty fast; when they come says "Cod d-n,
want TO ngnt:" the prisoner says III don't under
siand;" two OF the men did not want 10 let the de
ceased night, because the prisoner was not the mnn
that whipped the woman; they said "Iet him 90, It
IL not him." then deceased made o movement to
take of his coat: hts companions then tried to hold
him back and deceased put his hand In his pocket,
said 'God d-n, VIII shoot you;" some one behind
said to prisoner Look out he want to shoot you;"
the prisoner was standing stlll about i've feet from
the wall; he retreated towards the house when me
naced by the rishman twitness described the act OF
he fe they were standing face to face when prison.
or drew the knife.
Cross-examined-Decease was on the sidewalk
when he was struck with the knife; they were
nearer the houses than to the curbst0ne; the prt-
sonar stopped there with the knife in his hand two
or three minutes till the man went across the street
ana fell down; then the prisoner walked up to PARK
street and run when he got TO Mulberry street; he
mad the kniie IN his hand when ne turned the cor
ner Of Mulberry street, It Is about thirty feet TO Mu
berry street.
Redirect-The prisoner put the knife back In the
scabbard Immediately after stabbing.
TO the Court saw Ryiand put his hands In his
pockets, but could not see II he had pistol: saw
the prisoner take the knife out Of his pocket and
take the sheath on
TO the DisrrIct Attorney-Ie took the knife out OF
the sheath with his left hand; he put the sheath In
his pocket.
Luigi Spadoni was next examined ana testified
lived IN last July at No. ~ Baxter street; make
ice cream: have been ten years In this country;
first saw the prisoner working In the park IN Brook
lyn; know him to be quiet, poaceablc man on
the Fourth OF July last between hve and six O'clock
Was between Nos. 10 and q Baxter street; saw
something OF the occurrences between the prisoner
aud John Ryiand; l saw tho prisoner there; there
were good many people around; first saw Ky
land ut the moment OF the diiicuty when he was
crossing the street; there were three together; dd
not look nj the other two closely, but believe the
two men I saw here were with Ryland: they were
crossing the street little rapidly: the deceased was
nearest the prisoner; their movements were
though they wanted TO beat the prisoner: the
prisoner was standing on the sidewalk
uaur ufxfa. hmm Ava,