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


Yesterday in the Criminal Court, Judge
Wylie, the case of Fincenzo Bernadiaa, an
Italian, charged with the murder of Frede-
rick Cole on the 18th of December last by
striking him with stick, was continued after
our report closed-Messrs. Norris and HiGe
John Carroll, colored, testified he saw Cole
fan across the gutter into the street: he kept
street: the witness picked him up and helped
tn carry him home the barkeeper of the sa
loon was standing in the door at that time.
closing the restaurant.
Dr. j. r. Hartigan performed the AUTOPSY
and testlfled as to the cause of death, which
resulted from congestion, Inflammation of
sion of the brain the injury had been given
Dy heaVy, PUNT 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 a 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
feet from the house, when a white man ran
out of the saloon and struck Cole, and then
ran back 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 15th,) 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
q m IS yptth a anE 10 oh
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, and
was put up. when Garner took his drink and
ran out, and he (Cole) then drank and started
out, and Vincent (the prisoner) 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 a "black JACKIE
He answered. 1T is made out of piece of
iron, GeOrgianna: and when a man is struck
with it he never gets we'll
Frances Sewell, sister i'll law of the deceased
testified that she was the last one who talked
with hlm before he became unconscious and
he said that if they did not do something for
him 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 We're 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 az
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 ii 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 dying
declaration made to the wife. and there is va
rance between her testimony and that of the
sister 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 a reasonable doubt.
VERDICT OF NOT GUILTY.
The jury then returned verdict of not
guilty. and the prisoner left the court.