The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-09-26
BOTH SIDES REST.


All tho Evidence Submitted, and Bo,t
sides Present Their Prayers to tn
tourt as TO the Manner OF InstructIon
In the Court OF Oyer and Termlnsr
this morning when the jury filed II
they looked rather fatigued.
There seemed to be u larger atten
dance to-day than on the previous dayi
OF the trial Of Michael Falno, charged
with tho murder OF Ruvo Carlo on
April 30 last.
Patrick Daley lives at Fourth an,
Union Btreets and knows the prlscne
Tor eight and nine years. Whenever he
took liquor he was more like a crazy
man than a drunken man.
Frogostlno who was a witness fol
the state was called and testified that
Euino was pretty full on that night
Louis Porter deposed that a knife
like the one with whioh tho deed was
done was uced to obtain u salad from
the tields
The defonse here rested.
+. Thomas was recalled by the State
In rebuttal to the effect OF lnloxicat.
iny liquor on the prisoner. The elect
was no different ON him from any 9th.
er man whom he drank live or BY
glasses of be0r
The state here closed AT IO.er
O'Clock Daputy Attorney Giles com
menced the pre- sentation of tho pray.
ers, dwelling ut length on the consti
tuting OF what malice aforethought
meant. and quoted several authorities
lie contended that IL man who wilfull,
forms deslgD,no matter II no Is In the
heat of passion. tn It he is guilty. IL.
asSed the court to instruct that pas
sion and anger WAS not enough to re
duce the guilt. Self-defence Is AN Ell
tire and com plete defence or no OF
fence at all. Drunkenness cannot re
luce the degree OF murder below the
second degrse.
TIE Plea of provocation was n sepa
rate defence. MIR. Hilles presented thu
exception papers OF the State and pre-
senteu tina prayers OF the State and
quoted the case OF the state versu.
Frazer.
At II o'clock the Deputy Attorney.
General commenced his argument tu
the jury. He reviewed the facts of the
case us brought out in the evidence
Tor the State. The testimony OF Fro.
gostina stands uncontra licted. He
would not tell word that won Il tend
to send his friend TO the gallo US, aud
yet lie comes here and truthfuily tells
the story of the crime
IL 10 not denied that tho blow was
struck cowardly, with Carlo Isuvu
sitting down. II that man wsnt to
the room for resentIng Insult or with
intent OF Killing him. then that man
IN the box ID guilty OF murder IN the
iirst degree. did Michael Faino 20 to
that room Intending to do serious
bodily harm to Carlo Ruvo? Tho cyl.
dsnce relating to the prisoners move.
menJs from the saloon back to tho
room where he stabbed the man to
death.
Was the man drunk Was his will
power under his control? Follow him
across the marshes, and over the rail-.
road bridge whore like the policeman
had to pick his steps.
The defence has based It's defence on
the presumption that that man was
not capable OF forming any intention
to do any great DO lily harm whenever
he drank beer. What design did lIo
have tho knife and thrust 1t into the
throat of Carlo Ruyo7 aa
Provocatlon must be based on spac.
lilo facts for man to llY In the faGa of
man md STAB him to death. inns Is
not community OF anarchists. You
arc trying the cuss of the people
against the prisoner.
Ii he be pronounced as murderer
no words can tell the degradation and
fear tho people should hold OF such II
man. You are trying this oase accord.
ing to law. IL that man killed Carlo
ltnvo can he come before you with
tue blood of that man on his hands.
Can you say to hts follows commit
those deeds. and through mercy we
Will let you go" II that man murder.
ed Carlo Ruvu. then the doors OF jus.
tice are not wide enough for mercy to
enter 10y his side Cursed lie tho heaI /
lhat had tho heart to do that deed. IL
there ID mercy then iet him .ouK for IL
from on hrGh.
AT .2 o'G.ock Mr. WI liam Michael
ByIne commenced his address 10 the
Jury, who SAID that in MS opiuion as Il
student, d listener ami ii practitioner.
he diu not DollsvS there could be pro,
cured Il jury of his countFynsn In
| New Castle county to convict tie
prisoner III the first degree We want
Justice between mum ami man.
In uropp's saloon tue dead lnHn was
bully. Why did Thomas have to make
Ruyo go and sit down four times?
WhO shuws GU that occasion All inten.
ton to 20 away from trouble? The
prisoner at the bar.
II Faino had gone TO the saloon then
Crop would have been here to tell
You about it, But no he won't to lU4
Market street to play d game OF cards,
as he often did before
II was all ialiRn fight. 1t was q
Sh9c "h'ic 1ufo S'uBHl Inc prisoner,
threw him against the IA 30 ana Eel
To the iloor on top OF him. The COL.
tention Tor the deIensb Is Ia 4 the sta
was made whom tNey were On tho floor
because Mary Desmonde. after she
heard tue dishes fall, ran in and trlel
to sepmata tho men, and l'ofambo had
his hahd slashst III tTrin. 10 5, paiate
them. The defhnse eNp-cls a verdict
OF mansla'iEh or at the Iurthe, II
murder in the second uegrse