The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-02-12
trial Will END today
Defense in BOSchinO's Homicide Case
Rested Yesterday.
THE LAW POINTS SUBMITTED
Attorneys for the Defense Present Some
Strong Arguments in Their Points.
Mir. Horn Delivers the First Address
TO the Jury for Defense.


He has known the defendant for the
past twenty-five years and always re-
garded him as Il peaceful and law-abid
ing citizen. Antonio Fera22i, also of
Forest City, gave character testimony |
and swore that from the general speech |
of the people Boschino's reputation as
a peaceful and law abiding citizen was
good. The witness admitted, however,
that he heard that Boschino was mixed |
up in an affray at Dunmore last sum
mer in which Joseph Gianello had been |
murderously assaulted. Joseph Mazemo, !
of Dunmore, told the court and jury |
that the Italian residents of Bunker
Hin looked upon Boschino as paragon !
of peacefuness. that the white winged |
dove could always be seen tluttering |
whenever Boschino appeared.
Frank Pedriano went upon the stand
to give Boschino Il certificate of char
acter. District Attorney Jones branded |
Pedriano as professional witness,
ready always to give any defendant |
a clean bill of health Antonio Fredda |
testified to Boschino's good reputation |
in Dunmore. Vincent BeVacqua swore |
that everybody who knows Boschino
swears he is Il good citizen. but the
witness could not swear whether or
not Boschino is II citizen.
Other character witnesses We're An
tonic Leo, of Scranton street; Grocer
Patrick Langan. of Dunmore; Joseph
Gregory and Dominick Girotla, of Dun
more. They had always heard the
defendant we'll spoken of and regarded
as peaceful and law-abiding citizen.
Gianello Did Not Know.
Joseph Gianello, the man whom Bos
chino is said to have assaulted last
summer in DunmOre swore that he did
not know anything good or bad about
Boschino; somebody else had BOschino
arrested. District Attorney Jones asked
the witness If BoschinO did not pay
him $50 to settle the case and drop the
prosecution. Court ruled that question
out.
District Attorney Jones then called
several witnesses in rebuttal. Michael
Petrello was the first called. He saw
the defendant drunk on the Fourth of
July last year at the Erie and Wyo-
ming Valley railroad depot in Dun
more Boschino then had revolver, a
knife and a razor, and was tiourishing
these weapons.
Frank Rossi swore that he saw
knife eighteen inches long once in the
possession of Boschino; he saw on an
other occasion the defendant with a
revolver in his hip pocket Joseph
PAUL. saw Boschino often with revol-
Yer in his possession. He saw him on
the Fourth of last July and he had
revolver, but the witness did not see
him with the razor and jack-knife.
Antonio Ricco was present in the bar
room of Ronaldo Lallrs hotel in Dun
more the day that Boschino assaulted
Joseph Gianello. Boschino that day
had a revolver with him.
Leopold Conforti, brother of the muir
dered man, testified that he shaved
Boschino once with white handled
razor owned by the defendant. While
he was at Boschino's house that day
he was hown a 32-calibre self-acting
revolver, the property of the defend
ant Court here adjourned for the
noon recess.
In the afternoon Michael Giardano
was put on the stand. He at various
times saw Boschino with a revolver in
his possession. Luigi Balvano often
saw a revolver and a knife with Bos-
chino.
The Closing Testimony.
Charles f. Daniels, of the Truth, was
recalled to testify as to an interview
with Salvatore Boschino was not pres
| ent when Mr.. Daniels interviewed Sal
vatori and therefore Judge GunSter
ruled that the testimony could not be
admitted. Frank Fargo swore that
three years ago he boarded with
Boschino, and every time Boschino
went out of the house he took
revolver with him. This ended the
rebuttal testimony of the prosecution
and the defense then called Mrs. Jennie
Boschno. She swore that Frank Fargo
never boarded with her at all.
| officer Michael Bulger of Dunmore.
was the last witness in the case and
he told about arresting Antonio I'm
briano on the night of the murder Inn
| briano, he said, was in bed and APP
peared to be drunk. At this point the
| defense rested and the attorney for
the defense submitted sixteen law
points to the court. The points We're
argued by District Attorney Jones and
eX-Judge Ward The first point relat-
ed to the doctrine of reasonable doubt.
The second stated that the law wisely
and mercifuly provides that man is
innocent until he is. proven guilty The
fourth says that the evidence in the
case must be such as to prove beyond
reasonable doubt that the defendant
Is guilty before the legal presumption
of his innocence can be dispelled.
Fifth point refers to the establishing
of sufficient evidence on the part of
the commonwealth to show that the
defendant did not prove an alibi
The sixth says that every juror must
be personally convinced and he has nc
right to consent to q verdict of guilty
in defence to or in respect to other
Jurors opinions. The seventh point eX
plains the fact under which a juror
may establish in his mind the doctrine
of reasonable doubt.
Duty of Jurors.
The eighth says that If the theories
that arise in the minds of the jurymer
about the defendants guilt or limo
cence may be equally strong the Jurors
are obliged to adopt the theory of inno
cence and their verdict must be one
of acquittal. The ninth says that evi
dence of good character Is positive evi
dence and may by itself raise the ques
ton of reasonable doubt.
Tenth-The alleged flight of the defend
, ant Is not conclusive of his guilt. 1t II
simply a circumstance tending towards
the proof of his guilt, and may, be ex