Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-09-27
TRIAL OF MICHAEL FAlNo.
The Defence ut work Trying to Pro,
That the Prisoner Did the Killing


the testimony Of several witnesses which
are expected to have considerable weight
In determining the verdict William
Michael Byrne in his opening to the
jury stated that he and his colleague
would ask for verdict Of mansaughter,
MS there was insufficient proof to estab-
lish verdict Of murder in the second
degree. He said that Ruva was killed
in struggle where both men were
armed. IL was q question which one
would he slain frat.
Salvador Verderame, the first witness
called during the afternoon, testified
that he had known Faino i've years,
and was his employer prior to the time
of the enactment of the tragedy. He
was asked by Mr.. Byrne whether or
not Faino succumbed easily to iutoxi'
eating liquoran was about to make reply
to the interrogatory when the attorney
general objected on the ground of irrele-
vancy. Then followed long battle of
legal sparring which lasted for an hour
and half, at the conclusion Of which
the court ovcrruled the objection. The
witness then spoke of Faino's suscepti-
bility to liquor and stated that two beers
were sufficient to cause drunkenness.
Once when Faino was under the intlu.
ence of alcoholic stimulants contained
in two bottles of beer he selzed So
note and tore it up. The witness was
two hours and a half on the stand.
Carlo Faino, is the star witness for the
defence. He is brother Of the prisoner
and came all the way from Italy to tes-
tfy. lie has been In this country but
two weeks and had not seen his brother
before in 10 years. The witness was
asked to describe tho circumstances of
an accident which befell his brother in
the land of his nativity. The question
was objected to by the State, but the
court oyer-rulad the objection. The wit
ness then said that his brother had fallen
from stone wall in Italy years ago and
sustained permanent injury. Whenever
he took drink of liquor it acted upon
the brain and almost set him crazy. A
rigid cross-examination failed to shake
the testimony OF the witness.
James Davis, who lives at No. 1902
Market street, is second-cousin of the
prisoner. His testimony was to the
effect that man standing on the pave.
ment could not tell who was in the
room in the rear of the restaurant as
there was an INSTRUCTED view of the in
terror. The witness also swore that he
heard Poloinbo say that he would make
Faiuo pay for his cut hand and he
would "like to see Faino hung" This
was for the purpose of showing the
animus of Polombo, the star witness for
the State.
Antonio Goglio knew Faino in Italy
and told the jury how easily he was
affected by liquor since the injury he
received by the fall. Samuel Peo and
Donati Mancino also testified that a
glass or so of beer would make Faino
Galta and Joseph Lordo were two more
Faino's capacity for liquor
Lucy PEG was called to controvert the
testimony of Katie Desmonia who was
a witness for the prosecution. She
swore that the Desmonia girl had told
her that she was upstairs putting the
children to bed when she heard the
scuifle downstairs in the restaurant and
the smashing of dishes on the floor.
Didn't she tell you she was standing
on the stairs ?" inquired the attorney
general.
"No," was the witness quick reply.
GLOW could she put the children to bed
on the stairway ?" The attorney general
Fdid not reply to the interrogation.
The Italian girl occupies the position
of being witness for the defence in
the Faino murder trial, while Fidello
Bianco and Addie Ross are in jail on a
capital charge preferred by her, who
accuses them of felonious assault and
aiding and abetting the crime.
James f. McIvor, who was foreman
of the soroner's jury which investigated
the death of the dead man, testified TO
the evidence OF certain witnesses given
before the coroners jury.
officer Di Mare was the last witness
called during the afternoon.
Faino's trial was resumed yesterday
and Messrs. Hilles and Byrne, his coun-
sci, continued their fight for the life OF
the prisoner at the bar.
The first witness for the defence when
court reconvened, at 10 o'clock yesterday
morning, was Patrick Daley, who swore
that he had known the prisoner for nine
| years, and that he was unusually sus.
| ceptible to the effect of Intoxicating
| drinks. He swore that one or two
drinks of liquor made Faino act like a
crazy man.
Frogastino, who was a witness for the
State, was called and swore that Faino
was drunk the night the murder was
committed.
Samuel PEG was recalled and said
that the knife used by the prisoner was
the kind that Italians use in digging
salads from the fields in Italy. The de-
fence here rested.
Frank Thomas was recalled by the
State to rebuff evidence given by the de-
fence tending to prove that the dofen-
dant was easily affected by the use of
intoxicating drinks, He said the effect
of liquor on the prisoner was not differ.
ent from that on any other man. The
State here closed.
| Deputy Attorney. General Giles at
1875 o'clock began submitting to the
court the prayers of the State in the case.
He finished at 1045 o'clock, giving way
to William S. Hilles, who submitted
the prayers in behalf of the defence.
In his prayers, Mr.. Giles commended
that every person who shall commit the
crime of murder, with express malice
aforethought, shall be deemed guilty Of
murder of the first degree. ANY un-
lawful and injurious act committed
Intentionally, without just cause or
excuse, denotes malice. When murder
is committed with sedate, deliberate
mind and formed design to take the life
of or to do some great or serious bodily
injury to the person killed, it is murder
with express malice aforethought at
common law and of the first degree under
the statute.
A specified length of time is necessary
| m nlalsa an mt a balihpruta ann IN, 1nnr1
contemplation. Deliberation, in its legal