The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-10-24
FIETu rn!T: .:,.;
:m III tUIllUu.
is FA|nD INSANE !?
William S. HiIIss and William N.
Byroe Believe He Is.
Want Him Examined.
They Made the Motion in Court
This Morning. No Decision
Handed Down. Pelegri.
no Bianco and Addie
Ross Released.

The adjourned session OF tho Court Of
oyer and TerDiiner to hear argument on
tne motion Tor new trial In the casa of
michael Faino. the convicted murderer Of
carlo huvo, opeEed this morning with
Chief Justice JLore and Associate Judpes
Grub. Marvil and Cullen on the bench.
The purpose for which the special ses-
sion was called was not carried out how
ever, WIN. B. Hllles and WIN. M. Byrne.
counsel for the prisoner, causing a sur
prise by presenting an affidavit from
felegrlno BtanoO q fellow prisoner, set.
ting forth the question of sanity, and the
suDeequent asking Tor comm issIon to
inquire whether or not the prisoner W as
mentally capable OF understanding he
death sentence In the light no would il
in sound mind.
This action on the part OF the ATTORNEYS
Tor the defense as above stated was guits
surprise. but Attorney &c aeraI Mich OIL
son and his deputy. Branch Ii. Giles met
the surprise. They argued against the
purpose oontending that the demeanor
OF tue prisoner, as described In the aflida.
Wit was natural with man under dread
OF the death sentence.
Bianco In his affidavit stated that he oc.
cupied the same cell with Faino nd he
had frequently attempted to take his life
by strangu lation. At other times Falpo
complained OF severe paine in his head.
These Mr.: Nicholson coutended were the
actions OF any convicted murderer. AMI
were not sufficient under the statute for
the court to appointa commission IN lu.
macy.
Mrs. Hillos responded by saying that
never 20 his knowledge had the death ssn.
tehce been passed. upon man when the
question OF sanity was raised This fin.
ished tine argument, and after a short con.
ferenca the court announced that deci.
eion would be handed down at the after.
noon session.
Fuino was not In the court room whom
the argument in his behalf was being
made.
BIANco AND ApDIE ROSS DIE CHARGED
There was still another surprise In stora
Tor the small number OF vlsitors when
Attorney General Nicholson arose and
asked leave to enter nolle proseuui i'm
the cases OF Peegrino Bianno and Addl a
TOSS. Indicted respectively for criminally
assauiting anu aiding Ia the crime. Lucy
Peo Is the victim.
Mr.. Nicholson snld that at tho last term
OF court he ask cd for II continuance with
the expectation of bringlng an I'm pcrtent
Witness Tor the state IN attendance. Al
That time the witness was at Farnhurst
and ls still there his case being no psless
since then additional testim ony had bean
secured by him but 1t was not sufficient
TO warrant the conviction of the prisoner
He therefore asked that the prisoners DO
discharged from any further custody.
The court said that every possible action
mad been taken to convict the couple, anu
their discharge still upheld tile dignity of
the State In such crime. The prisoners
were then ordered released. and as they
passed our OF the building were greeted
by many friends.
About twenty-five men were natural.
zeu,