Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-03-15


Yesterday in the Criminal Court, Judge
Wylie. the case of VineenzO Bernadina, an
Italian, charged with the murder of Frede-
rick Cole on the 18th of December last by
striking him with a stick, was continued after
our report closed-Messrs. Norris and Hire
John Carroll, colOred. testified he saw Cole
fall across the gutter into the street: he kept
getting up and falling until he got across the
street: the witness picked him up and helped
to carry him home: the barkeeper of the sa-
loon was standing in the door at that time,
closing the restaurant
and testified as to the cause of death. which
resulted from congestion. Inflammation of
the membranes of the brain, and compress
sion OF the brain: the injury had been given
oy heavy, blunt weapon; there was no abra-
sion of the skin.
DIR. d. G. Patterson, coroner confirmed the
testimony of the previous witness as to the
cause OF death and weapon used On cross
examination he said that the wound might
possibly have been made by falling on round
stone.
This morning the trial was resumed, and
Zachariah Beach testified that he was on \
street, near Bernardini's, at the time when
something was said about drinks. The large
man said DIN You, I'll let you have it, and
struck Cole. The prisoner owned the place,
but witness could not say that he struck the
man. Cole fell and was helped up by a man
that Cole called John. Cole staggered across
the street and fell several times. Cole and
two others were near the hydrant, about 20
feet from the house, when a white man ran
out of the saloon and struck Cole and then
ran pack and closed the blinds. He did not
know the man who struck the blow, but he
was large white man.
COLES DYING STATEMENT.
Georgianna Cole, widow of deceased, testi-
ned that he came home about II o'clock on the
night in question, december 15lh,) and he
died on The Thursday evening following He
was sensible until Monday night. and he did
not speak after that night He said to her
that when man is struck with BLACK jack
he never gets well.
The District Attorney proposed to offer the
dying statement of deceased, but the defence
After some discussion. the court directed the
witness to proceed.
She said on Sunday she talked with Cole, land
he said that Garner called for liquor and it
was put up. when Garner took his drink and
ran ont, and he Cole then drank and started
out, and Vincent (the prlsOner) ran out and
struck him and knocked him to the hydrant
SenseleSS for a while. He said if it had not
been for Carroll he might have got drowned.
He said Vincent struck him with "black
Jack, and she asked what is "black JACKIE
He answered. 1t is made out of a piece of
iron. GeOrgianna: and when a man is struck
with it he never gets we'll
Frances SeWell, sister in-law of the deceased
teStlhed that she was the last one who talked
with him before he became unconscious, and
he said that if they did not do something for
MN he would die. She went for his wife, and
when she returned, he was raving mad.
THE DEFENCE.
The government here close.
The defence called GuadenZiO Riani, bar.
keeper of accused, who testified that the two
men came in and asked for drink, and after
they got drink and he asked who is going to
pay, one said: Il have got no money! They
then disputed as TO who should pay, and went
out, and Vincent, in the middle room, said:
GO for policeman" Witness went out and
saw two men whom he thought were police
men, but when they got up he saw they were
not officers, and told Vincent. who said to him
CLOSE up, which he did. Vincent was not ar
rested until the day the man died.
Joseph LaurenZi testified that he was with
the prisoner in the middle room and corrobO-
rated the preceding witness.
The court asked if there was any necessity
OF continuing this case. 1t seemed to him that
on this testimony no jury could convict. The
strongest feature of the case was the diving
declaration made to the wife and there is va
rance between her testimony and that of the
sister In-law. Gamers conduct. too is mex
plIcable: he was with this party. but suddenly
disappears, and there is no explanation of his
conduct, unless it was he who struck the blow
The District Attorney stated that there was
certainly reasonable doubt.
VERDICT OF NOT GUILTY.
The jury then returned a verdict of not
guilty. and the prisoner left the court