Daily Republican., 1883-09-19
|FHE STRIKING ITALIANS.
|.ugIR TRIAL YKoTERDAY-
,uCIIARD SPlTTAL INDICTED
YOR MURDER.

qUEIR TRIAL NHSTEkDAf.
RICMARD sPlTTAL INDiCTED
FOE MURDER.
court resumed proceedings ut
o'clock yesterday afternoon, with quit
large number of spectators present.
Tie Chief Justice and Judge Wootte
rsre nav nresent. The names of the Gran
Innrs were called and they retired i
their chamber.
D Ata3O o'clock the five Italians charg
4d with an aggravated assault and bal
ts,y on Angelo Rubino were brough
in mi Court and seated in front Of the pris
one-'s dock They are about AZ hart
lookipg a set of specimens ofthe native
of sunny Italy as it would be possible
to,fnd and if appearances are any In
dication of character, the prosecutor car
consider himself lucky that he ESCAPED
wi,h his life. The case was immediate
~ nroceeded with, the State being rep
resented ~ by j. X. Bradford, Esq, whil'
Thomas Davis, Esq, and Austin Har
rington, ESD, appeared for the prison.
ers.
In consequence Of the prosecutor be.
inc unable to speak English, an Italian
vas sworn to act as interpreter, but II
was not long before the fact was made
evident that he could not speak or un-
derstand English much better than the
witness himself,
II was shown, however, that the wit
ness and number of Others were en-.
Moved on the Philadelphia Il Balti-
more Railroad, about two and a halt
miles from this city. On the day
when the assault was made the wit
ness was at work, when he was ap-
preached by some seventy men who
;Oll him they had quit work on
account of not getting enough wages.
They told the witness that he
must also quit, and upon his refusing,
one of the prisoners, who he Unidentified,
struck him in the mouth knocking him
down he picked up stone, which was
taken away from him by the crowd, and
be was then stabbed in the arm and
bea,en;as soon as he could get taway from
The men he ran in shanty and they
went away He had never seen the
men before that day, and did not know
them by name.
Mr.. Harrington crOss-examined the
witness at considerable length, and en-
deavOred to show that the day on
which the assault was committed was
a feast day in the Catholic Church, Of
which the whole party are members,
and that the witness had agreed to
stop work on that day, butfailed to
Keep hispromise.
John j. Forsyth sworn, and testified
that lie is clerk for one Of the contrac-
tors on the day in question he saw
number of men come TO the place
where he is employed, and heard them
harangue the men to get them to stop
wON.
The witness did not know the men by
name, but by numbers, and he identi.
lied two of them, one as No. 6 and the
other as No. 100 He did not see the
|tgl, but seen the man afier he was
beat.
Calvin L Burgess testified that he Is
employed by Steward & Son as fore
Inan know the most Of the men en-
blOyed under him, but the men who
came and raised the disturbance be.
longed on another section. There was
Sne sixty or seventy in the crowd, and
be identified two of the prisoners as be-
ingam0ng the number.
Both Of these witnesses were subject
el to a severe CROSS examination by Mr..
Harrington, but did not deviate from
Their direct testimony.
Thomas j. Sommers was sworn, and
testified that he is employed on the
road, but was not present when the
assault was committed. While these |
Witnesses were being examined one of
1ne prisoners, who seemed very much |
agtated, became so pale that the usual
yellow hue of his skin disappeared, and
ne ended by falling over insensible,
and would no doubt have landed on
We floor had he not been caught BY
Of his companions. He was first
ald on the floor near the prisoners
|d%k, and water poured on his head
|snd 'ace, and then by direction of DIR.
|ohortIldse carried into one of the outer
rooms where he received medical aid,
eu' was not able TO return to the room
|uuflhg the session, and the trial pro.
ceed'd without him.
james Conick testified that he is en-
|pIoyed On the road; last Saturday
week there was some difficulty about
VIC wages, and some of the men quit |
xo'k. Angelo l:ubino, the prosecuting
|S'l'hrSs, continued at work, and was
|'loVelllng some dirt when he was ap-
|P'oached by a number of men from |
tlo'her section, who tried to induce
NJ nun TO stop; some words passed between
saeln M and the witness heard the men
say 'hal dollar and a quarter a day
w, wax no good The man still continued
sW,"ofk, when one of the men struck
uin' ont the witness could not tell
Sn'cll one done it as there was too much
wa VI crowd around he recognized two
~ ~. .ne prisoners as part of the crowd,
.ai, uil when asked by Mr.. Harrington,
tt. tt. lie would not be willing to swear
WA, they were there.
:, MS was the last witness called by
.I .It state, and Mr.. Harrington asked
,up .9nrt to instruct the jury to render
;Sselllct :, of not guilty without proceed
LIZA, T any further, as lie claimed that no
,t".ence ,ta. had been produced to show
N" ,ua' tle assault had been committed in
~ NOV W. castle County. He said that one
W sle witnesses had testified that 1t was
ftvmlnltted t.a about two and half miles
non nom this city, but he claimed that this
,"I ""1 very indefinite, az it was only two
Cau'i u iaIt miles to New Jersey. The
%.Et y M said the witness had testified that
non ne way assaulted while at work on the
tho, .a railroad, and it was we'll known
raS ,ra' .ne part where he was employed
W ". IN New Castle County.
h. mr Harrington then opened his case
h. h. "a s1 pref address to the jury, In which
NJ SsaS ald that no positive evidence had
Sen ,bsa. Produced by the State to connect
vo"I, uv"e men with the assault, and that he
thsa GhSa'u produce witness to show that
,s tinss were not connected with the cut
Asl Iluolllas Il, Smith was sworn, and testi-
tOot I 'la' ~. he was present when the fight
hs,. hss place, and saw when the mar was {
M h none of these men had anythingl
,m; ~%o with the cutting. On cross. ex-
.uilllhtlOD hy Ds.lcu-l H. .uilU