Evening journal., 1894-09-26
A LIFE IN THE BALANCE.
William NJ. Byrne Made an
Earnest Plea for Faino.
ALL OF TIE TESTIMONY NOW IN


olson Before the Jury This Afternoon.
In Superior Court, yesterday afternoon,
| tbs defense in the case Of Michael Faino
charged with the murder Of Carlo Ruva
/ began the introduction Of its testimony
but had not flushed when adjournment
was taken at 6 o'clock William Michael
Byrne made the opening plea, in which
he argued for a verdict reducing the
/ crime from that Of murder in the frst
degree to that of mauslaughter He said
that the defense would show the reputa.
| tion OF tue prisoner for peace ard good
order, ana that, owing 10 his having
received a hurt TO his head when young,
be never could drink liquor without
becoming crszed.
Salvatore Verderama was the FIRST
/ witness BE had known the prisoner for
| five years but was not aware of his own
| knowledge that the prisoner had yer
hurt his head. Mr. Byrne asked: do
l you know the effect Of small amount
Of Intoxicating liquor on the mind Of the
| prisoner Attorney General Nicholson
objected, on tho ground that drunken
ness was 40 excuse for any crime Both
sides submitted authorities and an hour
and half was consumed inargument. The
question was faally admitted, amended
To read Have you at any time observed
the effect Of intoxicating liquor on the
| prisoner p "Yes. sir
"What was that effect?p "He worked
| with me for five or six months and
| whenever he took one or two drinks Of
| liquor he was like crazy man.
When you saw the prisoner drink a
| small amount of Intoxicating liquor, was
the effect different from that on any
other MANI (Objscted to, objection
| sustained
The witness described the actions Of
Faino when drinking, aud in answer 10
question a. to his reputation said it
was good and psaeesble
In reply to question by Attorney
General Nicholson, witness said that at
one time, when Faino had been drinking
at his house, he had 70 throw him out
because be wanted to be boss
Carlo Fsino, q brother of Michael,
came from Italy two months ago owing
TO his brothers trouble. He said Michael
| mad fallen from a wall when a bov aud
split his head open He was bed fast
| for six months, aud sick for six months
longer, and liquor ever afterwards af-
fected his head
James Davis, an italian, living at No
l02 Market street, testified TO hearing
Coiumbo say in his store that he would
make Fsino pay for his cut hand. and that
he would like to see him (Faino) hung
Samuel Peo, Antonia Cola, Donate
Nenclno, Salvatore Gaeta, Joseph Laido
and Officer DiMare testified to the reputa
ton Of F2ino as being good.
| Louis Porter testified to hearing thu
remark Of Columbo and Lucy Peo tt
hearing Kate Desmond say, on the day
succeeding the murder, that she was
putting the children to bed upstairs wher
she heard dishes fall, and ran down stair.
and saw the man on the floor.
Attorney General Nicholson asked
"are you sure she didn't say she was Oh
the stains and not upstairs?' to which the
witness replied mo She wouldn't be
likely TO put the children to he'd on the
stairs This created a laugh in which
the attorney general joined heartily.
James F. MoIvor, secretary Of tn,
corouer's jury, Unidentified his notes taken
at the inquest and answered several
Iqnestious as to what sorpe of the witnesses
testified on that occasion.
The court then adjourned until this
morning.
Four More Americans.
James Huston and John Conavan, Of
Ireland, Frederick Lang. of Germany
and Thomas Culllvan, Of England. wer,
naturalizsd just before court adjourned
Last Act in the Tragedy.
When Michael Faino, the slayer oil
Carlo Ruya took his place in the doch
this morning sll eyes were turned upo1
him, for many might never see him
again. On the bench back OF the foul
judges were several young women, who
watched the proceedings with much
interest Ebe w Tunnel, candidate fol-
governor, Chancellor James L. Wolcott
Of Dover, and Rev George @. Hall, oil
st Johns Church were present. There
was a number of lawyers within the bar
and, while the spectators seats were not
filed, there was large attendance
There were few p eliminaries in open
ing the day which meant either lie Of
death TO Faino, who pale and red-eyed
understood not the scathing words which
the state prosecutors used against him.
Patrick Daley, whose home is at Fiftl
ana Union streets, testified that he haC
known Faino for between eight and nin'
years. One driuk Of liquor makes hin
more like crazy man than one who il
drunk
Frogostino one Of the states wit
nesses, was put on the stand by tn,
defense He testified that Faino wal
pretty full on the night ot the crime.
Louis Porter swore that knife lik
tie one with which Ruva was stabbed
was used by Italians to cut vegeta BILE
from the fields for salad
This defense rested
The Effect Not Different.
! The state recalled Frank Thomas il
rebuttal. He said that Intoxicating
liquor h ID no different effect on tn
prisoner than upon any other man.
Prayers OF the state.
] The state closed at 1925 o'clock an
] Deputy Attorney General Giles pre-
J sented the prayers Of the prosecution
: They were as follows:
, Every person who shall commit th
crime OF murder with express malic
aforethoUght shall be deemed guilty q
murder in the first degree.
2. Any unlawful aud injurious &C
! committed Intentionally, without JUS
, cause or excuse denotes malice
3.-When the chine OF murder is con
mitted with a sedate deliberate min
, and formed design TO take the life of {