Evening journal., 1894-09-24
FAINO'S NECK IN DANGER
The Italian is Now on Tria'
for His Life.
MANY CHALLENGES WE'RE MADE

An Unusually Large Number Of Men
Had Formed and Expressed an Opinion
The DOE Town Murderer Pleads Not
Guilty as DO also nianco and Addie
Ross.
The Court Of Oyer and Terminer
opened At 10 o'clock this morning with
Chief Justice Lore aud Associate Judges
6rubb, Marvel and Cullen on the bench,
and George Chambers, small eoloied
boy. in the prisoners dock The at
tendance was unusually small for the
/ opening day Of this court
The boy Chambers was charged with
| having shot and killed Charles Brown,
another colored boy, at Dog Town, near
| Townsend, on August The grand
| jury indicted him for manslaughter The
case WAS certioraried from the Court Of
| General Sessions to the Court Of Oyer
and Terminer on motion of Deputy
| Attorney General Branch III Giles
Clerk OF the Peace Biggs ordered the
| juvenile murderer TO stand up and read
the Indictment to him. He pleaded not
guilty.
Ex Deputy Attorney General Thomas
Davis was assigned to defend him.
The prisoner was then remanded.
Michnel Faino, an Italian, was then put
on trial for Ills life for stabbing to death
bis fellow countryman, Carlo Ruva, at
an eating house kept by Mrs Mary Des.
mond, sc No. 104 Market street. The crime
was committed on April 90 aud was the
outgrowth Of bar room brawl
Attorney General Nicholson and
Deputy Attorney Giles con
dneted the prosecution. William
Hilles and William NJ Byrne appeared
for the defense Carmine di Mare acted
as interpreter
The prisoner, appareled in dark
clothes WAS marched IN aud took his
place in the dock at 10 AZ o'clock
Mr.. Hilles-lf your honors please, there
are several witnesses whom we have
made every effort to get here. but we
have been uusble to do so We shall
have TO 90 to trial without them.
Challenges By Both sides.
The work Of drawing the jury then
I proceeded. The result was as follows.
Challenged by the State-George @
Bratton, Frank Mccoy, William Green
2 John G. Johnson, Patrick Fahey--5
: Challenged by the Defense-Thonla,
NJ. Lefeyre, William Davidson james
Green, John T. Boyle Joseph Edwards
Howard Webb, Dennis S Shields
, Thomas Bratton. Clarence " Brockson
2 | Elwood McKee-10
Excused for Nathaniel New.
mani
Excused for age George Palmer-l
Formed and expressed an opinion
Z Richard Lloyd John W. Taggart, Charlie
q P. Cochran, William H. Tush, Dsnne
2 Smith James McCray, John Wood
q Samuel d Herdman, William Ii. Klail
. William ORourke-l0
Conscientious Scfuples Charles Gas
kill, Jackson Whiteman, Isaac Dickson
8.
The jury drawn Co try the prisoner
! Samuel p Bsnnett, John j Mccoy
:. James I, Keegan, Israel Prtchard
John 7. Boyd John Fisher. John A
Ceaver, Benjsm L Armstrong, VIII
j liam Graves David Steelman, Montgom
: cry Gray, William Il. McCoy-l2
y There we're forty two jurors drawn on
Of 4 panel Of fifty four before th
( twelve men were secured.
: Clerk Of the Peace BIgRs then rea,
the lengthy bill of Indictment to whicl
3 the prisoner had already pleaded no
!, guilty
:, Attorney General Nicholson opened
= You have been called upon to perforr
I one Of the most solemn duties Of Ameri
. can ciizs nship IL Is duty whiel
Z neither you nor / can svade.
e He then defined the distinction he
\ tween murder OF the first and sscond de
gree and manslaughter, dwelling upo
malice af0rethought. He followed thi
: up with a review OF the circumstance
:, leading up to the fatal stabblng.
He concluded by asking a verdict q
= guilty Of murder in the first degree,
: The state sucseeded In proving the fact
as outlined
= The court asked counsel when the
:; thought the case would be concluded
Il The attorney general said he though
= the state could get Ia its case by to
morrow at noon Mr.. Hilles said this
y unles night sessions were imposed th
" defense would not get in its case bsfoi
Z Wednesday afternoon. The court sal
that no night sessions would be hel,
and discharged until Thursday all tn
n Jurors not drawn IN the csse Thel
w was short delay to enable the juror
drawn TO send word to their -tamili'
IA that they would NOT be home until Wee
'. uesday Or Thursday.
'h Tho Character Of the Wounds.
4, Dr. Charles q Baird, ex coroner
physician. was the frst witness calle
y by the state His testimony was as
- the nature of the wound He said
~ examined the body of Carlo Ruva. al
found two wounds One was IN the chin al
the other in the neck just below Il
q Adams apple" The blade went cleI
into the chest, severing the caroted al
y subclavisn arteries and other vessel
y In his opinion the wound was Eve or S
~ iuches deep aud sufficient to cause deaf
- In two or three minutes
p - The attorney general handed him Il
dirk with which tae killing was dol
- and asked him how long the blade wa
" MIR Hillss objected and the matter W
s' not pressed. The state then turned Il
doctor over to the defense.
Mr. Hlles put him through a searchil
rs examination going to prove that bo
M wounds could not have been done wi
. one blow The doctor said that If son
~ person had been there 10 take up q
"a artery as once it might not have prov
q fatal Otherwise IL would, aud that We
IA quickly The heart was not struck, Il