Evening journal., 1894-05-16
DEFENDING THEITALIAN.
His Counsel Plead Earnestly
for a Continuance.
THE CASE CARRIED OVER TO MAY 81

impressive Scene In Court To-day When
tho italian Murderer Was Arraigned
for Trial for Murder In the First De-
gree-TwO witnesses, His Lawyers
Claim. Being In Pottstown. Prevent the
Proper Presentation Of the Defense:
"The terms Of court that have at
tended since this period OF distress and
hard times have been marked by such
falling of OF crime of every sort that Il
Is noticed by everyone. more particularly
~ me in the duties OF the Office Of at
torney- general" remarked MI Nichol
son 10 an EVENING JOURNAL reporter
shortly before court reoonvened this
morning. 1.-The reason generally as
signed for It seems to me to be the
correct one-that Is, the lack Of money
to spend In drink II is very interest
lug but 20 me an unexpected result,
because heard on all sides, when the
hard times came on, the prediction
that ! would have an immense amount Of
crime TO deal with while the depression
lasted
The particular business which brought
the genial attorney general TO town to-
day was TO appear before the Court Of
| Oyer and Terminer as the representative
Of the state in the capital case against
| Michael Faina the Italian who murdered
his countryman Carlo Rnva, In an
ltalianTestaurant on lower Market street,
several weeks ago.
Court met at 10 o'clock, with Chief
Justice Lore, and Associate Judges Cul-
len and Marvel on the bench. The court
ordered Crisr Smith to open the Courts
Of Oyer and Terminer, General Sessions
and the Superior Court.
The petit jury and the additional Jury
summoned to try Faina, were called
There was only one absentee. In the
case Of John Fushell vs. the j. Morton
Poole Company affidavit was fled asking
for a rule for security for costs OF non
suit upon the plaintiff he being a non
resident The rule was granted and
m ide retuinable on Thursday of next
week. The case is calendared for May 2S
Faina Marched Into Courtl
At the conclusion Of 1these prelimins.
ries FainR was marched into court be.
tween Two tipstaves and took his seat in
the box. His sallow face wore a care
worn expression and his black hair and
moustache probably had few additional
gray hairs in them, as he has been the
prey Of great anxiety ever since he com.
mitted tue crime He wore a dark blue
suit, light negligee shirt and red neck
tie he WAS represented by William s.
Hilies and William NJ Byrne
Chief Justice Lore-"Arraign the
, prisoner
Mr. Hilles-"It your honor please, tbs
\ prisoner does not understand the Englisl
: language sufficiently to understand thl
indictment. / would suggest that som,
4 "A L.
myself represent the prisoner.
Patrolman Carmine DiMars was called
and took his station beside the box
Clerk Of the Peace Biggs also walked
around to the box and stationed himself
on the other side
Chief Justice Lore raped the desk
sharply with the gavel, and said: "Gen
n tlemen, entire silence must be preserved
while the prisoner is being arraigned
I | There must be no conversation"
s Clerk Of the Peace Biggs-" Michael
s Faina, hold up your right hand"
The trembling prisoner did so, and
e sentence by sentence the clerk read the
o. lengthy document, and, sentence by sen
f tence it vas interpreted Before the con
clusion Of the Interpretation the prisoner
- was In tears and was trembling Al
( though afflicted with palsy.
Clerk Biggs- "What say you, Michae
b Faina, are you guilty or not guilty."
mot guilty"
J.; "How will you be tried2"
|. by God and my country" was tn
]. falteTing reply.
"May God send you a safe dellverance
The prisoner resumed his seat anC
burst into sobs. which continued after h
had been marched back to his cell. H
, was badly frightened and the impressiv
I. prelimnaries did not serve to allay hi
fears.
$ Three Material witnesses.
r William Michael Byrne, on behalf o
y the prisoner, asked for a continuance
g until the next term, owing TO the alb
e sence Of material witnesses. He read al
IS affidavit of the prisoner, whic
set forth that there were tw
material witnesses In Philadelphi
and one in POttstown. That they coul
e not be brought here this term, but prom
ID ised to be present next term. He e.
d pected TO prove by them that Ruv
assaulted him ano made an effort
shoot him, whereupon he acted In sell
IS defense.
Ia The court asked if subrGnas had bee
10 issued for the witnesses. The reply Wa
III tnab tney nal not, as bne mau was nc
& arraigned until this morning
10 Chief Justice-"You must FIRST tax
s, out your subpeuas and let them be re
s. turned non est.
to Mr.. Hilles-"They could not be issue
33 until there was a case In court We wi
n issue our subpenas this morning, an
st as soon as they are returned non est "
I'd will make our application. The wit
III nesses have gone out Of the state sin,
the occurrence The witnesses for II
state having been arrested they suppose
they would be arrested too. As soon as v
could assure them that they would NJ
L be arrested they said they would com
to We have the man here this morning wi
Is saw the witnesses He stated positive
III that they would come here at the ne.
term of court, otherwise we would
very glad to try the case at this term
court.
IA The AttOrnsy-GeneraI Takes a Hand
Ic- Attorney General Nicholson-'I thiI
it is my duty to the state, and that it
al of prime Importance that every oppo
,et | funffv of dpfonep ha oivpn In is Q0ual