Evening journal., 1894-05-31
HILLES AND BYRNE FAIL
To Get a Continuance of the
Case OF Michael Faino.
IT MUST BE TRIED MONDAY WEEK

Having Received Injuries Affecting His
Intellect aud VIII Power-Attorney-
General Nicholson Scored Victory.
Michael Faino the Italian indicted for
numbering his countryman, Carlo Ruva,
in the Rome Restaurant. No 104 Market \
street, on April %. did not appear in the
Court of Oyer and Terminer this morn
ing when his case was taken up he
was ia a cell beneath the court room, but /
William s. Hilles and William Michael |
Byrne, his counsel, waived his appearance, /
es they were not ready for trial and |
counted on securing @ continuance, on /
the ground of the absence of material |
witnesses and the prospect Of proving !
that on two occasions, once IN Italy and |
once In America, Faino received personal |
injuries which, It is believed, impaired |
the prisoners intellect and will power |
requiring an examination by experts on
mental diseases.
The Scene at the Opening.
Court convened at 10 o'clock. Chief
Justice Lore, and Associates Judges
Marvel and Cullen were on the bench
Judge Grubb, who usually sits ia capital
cases, was Rnable to be present. Miss
Lore and two friends we've guests Of the
court.
Within the bar large number of
lawyers were seated, Attorney General
| Nicholson and Depaty Attorney-General
Giles occupying prominent places in the
foreground. Rev Merritt Hulburd. Of
Grace Church, was an interested specls
tor. In the seats reserved for the
| witnesses were many Italians others
occupying seats In various parts Of the
room without the railing.
Crier Smith said his Hear yel hear
yel" in opening the court, and Clerk Of
the Peace Biggs called the additional
jurors drawn to try the capital felony.
There were two absent, one of them
having been excused from service
Prothonotary Horty called the second
panel Of petit jurors, and the special
jury struck TO try the damage suit of
Herman Chielinsky VS.. the Hopes and
To Hnsend Company John p. Dough-
ton one of the jurors, WAS reported to
be confRed to his bed with rheumatism.
Chief Justice Lore asked il counsel
was ready to proceed in the capital fel-
ony trial
Attorney General Nicholson 49, "Tbe
state is ready to proceed with the trial
at once.
The Defense Was Not Ready.
Mr. Byrne-"We desire to call your
houors' attention to an application we
made the last time this case was before
you We have not been able to secure
tho attendance Of those witnesses owing
TO the snortbess Of the time allowed Us
by your honors
The Court-"What are the names Of
the Witnesses
Mr. Byrne-' read from the affidavit
They are Antonia Andore. Pasquale
sosrguello and Thomas SsntillO These
three witnesses are absent and the
affidavit shows the materiality Of the
evidence expected to be produced through
I them. We desire to file a further sfi-
J davit OF reasons for a continuance of
this trial 20 the September term
He read the sfiidavit of the prisoner.
Is was to the effect that he had been
I unable to locate his witnesses who are in
Pennsylvania, they being employed by
railroads ia repairing damage done by
=, the recent storms. He had sent James
Davis 10 Philadelphia and Potts
s town to find them, but he WAS un-
e able to do so. He reiterated the
:, statement made In his former affidavit
that he could have them hsre by Sep
= tember he old not employ counsel
! until May and there has come to his
knowledge that Carlo Ruva was. at the
time Of his death, OF bad character, in
, that he WAS wanted by the authorities o
, | Massachusetts, for an assault viii
intent to commit murder. which fact
= together With the further fact that h
was armed at the time the assault wa
y made deporent believed material to b
= proved and which testimony be hoped Il
= be able TO produce in September
Il That he received an injury il
- Italy and a subsequent one abou
5' three years ago, which his counse
"a advised him affected his intellect an,
+ will-power, and time is required for al
> examination by experts on mental dis
~ eases. That owing to his broken-dowl
Ass condition he has been unable to inforr
~ his counsel Of the full pai
&c ticulars of the homicide, and tina
10 counseli for the defense had been pre-
vented from examining the witnesse
~ | for the state.
20 Mr.. Byrne-'Tf the state is ready
ne admit the facts in the afi iiavits presente
ne the prisoner is likewise ready for Trial. "
q Chief Justice Lore-"DO you mea
~ your first afhdavitG'
'ss Mr. Byrne-"Both stiidavits
slI Attorney General Nicholson was nc
ns the only one who smiled at this propos
ton.
a Mr.. ne-"Otherwise, we ask you
we honors to grant what we hold to be
Ia l reasonable adjournment of this cas-
TN that the facts set forth in the AFFIDAVIT
go the motion to postpone being f.
on the purpose Of enabling the defens
me to present material matters which ougl
ion to be entertained by your honors even
ne the matter we're purely a question Of di
erection. Every presumption Of q
law aud indeed the continuol
p. practice of the courts has been
~ construe petitions and applications vii
s.' the utmost liberality. In this ca
" We are not asking your honors TO depa
'tn' from the well settled practice OF Il
,ns, Court OF Oyer and Terminer in th
-, state, for examination Of the dooke
a. of this court discloses that within q
"a past ten years no application for a re
sonable adjournment Of a case
muir der has been refused by the judg
of this cOurt %