Evening journal., 1894-09-28
FAlNO MADE DESPERATE
Attempted to Butt His Brains
Out Against the Bars.
THE PEG CASE IS CARRIED OVER

Contrary to general expectation the
jury in the case Of the State VS. Michael
Faino, charged with the murder of Carlo
Ruva, brought in a verdict of guilty of
murder Of the frst degree That was the
knell sounded in the ears Of the terror
stricken Italian at AS o'clock yesterday
afternoon, at which time Bailff Raney
ushered the jury in. 1t was solemn
scene without particular incident After
the verdict was announced the prisoner
was sent back to his cell, Mr.. Byrne, Of
counsel for the defense, making a motion
for new trial
Julian and Rebecca Anderson, husband
and wife, of Townsend, were charged with
resisting Constable William E. Duhada-
way. The prisoners were represented by
City Solicitor George A Elliott. After
hearing the testimony for the defense
the state nolle prosecuted the case.
In the Superior Court, William G
Spruance, counsel for the Penn Mutual
Life Insurance Company made argument
for judgment, notwithstanding the
affidavit Of defense, Ia q suit to fore
close q $40 600 mortgage on the plant of
the Walton aud Whann Company. The
The Superior Court met at 8 O'Clock
this morning. The first case taken up
was that of Louis Frankel & Sons. VS.
jones S Melvin. of Laurel Walter H.
Hayes represented the plaintiffs The
defendant was represented neither in
person nor by counsel The sction was
on book account for liquor sold to Mel.
vim in 1886 The amount sold was
$14,719 81, on which the defendant paid
$l3 2S4 40. leaving a balance due OF
81 435 So, with interest from September.
1898, to the present time. Lewis Frankel
testified 10 the correctness of the account
and the jury returned a verdict for
81, $40 II
The court, in the mechanics lie IN case
Of John L Malone VS.. Edgar Zeilisn,
decided that contractor could file his
statement of claims as soon as his
portion Of the work was completed and
that he Is not required to wait until the
completion of the entire contract.
Chief Justice Lore" Gentlemen, are
you ready in the case of the state VS..
| Pelegrino Branco and Addie Ross for
raping Lucy Peo?'
Attorney General Nicholson-"If It
please your honors, / was under the
impression up to this morning that the
prosecuting witness was the only one in
the case. but to day / learn that there is
witnese named Donnelly, who heard
the cries Of this girl but, unfortunately,
he was taken to Farnhurst yesterday
| temporarily insane In order that
may investigate this witnesses knowledge
of the crime l ask that the case be
continued to November
Josiah Marvel, counsel for the de Tense,
at first consented to continuance, but
after conferring with the prisoners for a
short time, said
'If it please your honors, shall insist
upon trial unless the state shall give
satisfactory reasons TO the court for this
continuance.
The state called to the stand Lucy Peo,
the prosecuting witness, girl under 10
years old and soon 70 become a mother
She was sworn, and the court attorneys
interpreter and witness repaired to the
judges psrlor 10 hear the girls state
ment, which was substantially as follows
One morning last March Addie Ros.
took her to house over Market street
bridge They entered a room in which
there was closet In that closet Biancl
was concealed. He crept from the closet
seized her and, with the aid Of Addi,
Ross, accomplished his purpose. Sh,
concealed the crime until her mother dis
covered it by means of her delicate con
dition. The arrest and indictment Of the
pair followed.
In a few minutes the court returned tC
the bench. After William S. Hilles haC
secured Judgment on a couple of me
chsuics' liens, Mr.. Marvel, referring tC
the rape case, said:
If it please the court, waive pro
duction, on the part of the attorney
general, of the affidavit, accept hi
statement and agree to a continuance tS
the November term +
Chief Justice Lore: BY consent o
counsel for the defense the case is con-
tinued to the next term of Oyer AM
Tsrminer"
AS the prisoners were removed th
woman cried bitterly and wrung he
hands. Her outcries could be heard un
til she was nearly to the foot Of tn
stairs leading from the main corridor &
the court room The burden OF her or,
was:
1--WE have TO 60 to New Castle again
and we haven't dor nothing"
The case will come up on October "a
The witnesses in the Faiuo trial wer
paid their fees and discharged fror
further attendance.
A Miserable Night for Faino.
, Faino passed a miserable night in hi
cell in the Court House basement PEI
sons at work IN the tax office could hsa
, hin pacing the narrow confines of hi
cell and groaning at shor5 intervals
The jury slood 2 to for conyicao
when they first went out
The court allowed Faino's couns,
until October 10 to file their reasons 70
a new trial and the motion will be argue
4; on October q Faino will not be SCI
, fenced until after the argument.
There was no further criminal or civ
business and the juries were discharge
. until October "a az - m Ths attorne,
8 general continued the cases for infra'
8 tion of the license laws and that dispose
!, OF the docket,
! Shortly before noon the Faino iuI
assembled in the attorney generals roo
!. and signed the verdict Of death
After Addie Ross reached her cell ST
was almost crazy and her counsel had /
, go down and quiet her.
:. Presented BY Act Of Law.
}, Edward G Bradford resumed argumel
|. of the case Of the Penn Mutual Life i
~