Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-10-29
Don Celso Caesar Moreno Convicted
T. Jury.
CALLED BA#oHzFAVA NAMES
Testimony ana Result of the Trial
s7oaay.
F U TU RE PROCEEDING S

ambassador, was called up before Judge
Cole in Criminal Court No. this morning.
An unusually large crowd was in at
tendance when District Attorney Birney
announced that he was ready to proceed,
and for few moments they feared that
the trial would be postponed. Mr.. VIM. A
Cook. en- behalf Of the defendant. asking for
a brief continuance of the case.
Mr.. Cook stated that he Fad been but
recently engaged In the case. and had been
unable to secure the original indictment
or copy of 1t for examination The in
dictment. he charged. had been locked up
In the district attorneys office. when. he
claimed. 1t should have becn In the clerks
ONCE. The defendant. too. said Mr.. Cook.
had unsuccessfully cndeavcred to see the
Indictment or secure copy OF It, For those
reasons Mr.. Cook asked for brief post
ponement of the trial. that the defendants
oelense might he properly prepared.
Postponcmrat Refused.
District Attorney nrney objected to any
pcstponement of the trial. The Indictment
was returned. he explained. in July last.
and the defendant and his counsel had.
therefore, months In which to examine it
and prepare for his defense During the
past two or three days, said Mr.. Birney, he
had the indictment In his office for personal
examination. 1t was In no sense locked up
therefore. thought no ground for a post
ponement of the trial had been urged.
Mr. Cook said he had been informed by
Mr. Young the clerk Of the court that the
district attorney had the Indictment, and
that he Ooung) would not call 1t back from
the district attorney. Mr.. Cook said he
was under no obligation to send to the dis
trict attorneys office for the indie tment
and. whatever might be said by Mr. Birney
1T was nevertheless true that it had been
kept from. the defendant and his counsel.
Judge Cole thought that the district at
torney had merely done what he had a
right to do, and had put no obstacle in the
way of the defendant or his counsel He
also remarked that no sufficient reason rad
been advanced for a postponement md
therefore, directed that the trial proceed.
The Case Opened.
A jury was quickly called into the box
and sworn. although Mr.. Cook declared
that they had been sworn while he was en-
gagged In reading the indictment for the
first time, he thereby being deprived of ali
opportunity to challenge them.
Judge Cole rather sharply replied that
the jury had been called into the box be-
fore the open eyes of the defendant and his
counsel. and. although the defendant and
his counsel had therefore. been given due
notice, they had offered no objections. The
court, said Judge Cole, was. therefore. fully
justified in believing that no objection to
the swearing In of the jury were to be
/
late to object and directed Mr.. Birney to
Pre- ceed
Mr.. Birney then briefly explained that for
the first time in the history of this country
ing the diplomatic representative OF
friendly power. The article complained Of
he stated, was published in the Colored
American. local newspaper. and charged,
among other things. that Baron Fava had
been corruptly connected with the infamous
psdroni system. and had been financially
be nefited by the continuance of such sys-
TEN of slavery in this country. The article
also charged, said Mr.. Birney that Baron
Fava had conspired with various Italian
consuls to this country to perpetuate such
system. while pretending. as the writer of
the article contenGed, to he doing all in his
power to destroy the system. The charges
said MIR. Birney, were utterly and wholly
false and malicious, and he therefore, con
fdently asked for verdict of guilty
Witnesses Called.
The first witness called by District At
torney Birney was NJ. d. Cooper, who
stated that in November last he was the
publisher of the Colored American, a news
paper published here. He identified a copy
Of the paper containing the alleged libelous
article, and stated that he received it from
Mr.. Moreno, who represented to him that
the condition of the Italian immigrants in
this country was analogous to that of the
colored slaves in this country previous to
witness stated that the article was one of
several handed to him by the defendant but
could not say that he handed it to him
personally or merely left it at the office
The article was signed by Mr.. Moreno
however and he read the proof of it. Part
OF the copy, said the witness, was reprint,
but the greater part of it was in the hand
writing of the defendant.
Detective Joseph Mattingly, the next wit
ness, testified that he took COPY of the
newspaper to the defendant early this year
and showed 1t to him, asking him if he
wrote it, Mr.. Moreno Seplied that he did.
The defendant explained that he said much
more than the article contained before a
congressional committee, and inquired why
something had not been said about his
statements at that time. Mr.. Moreno also
explained that what he had said and writ
ten was solely in the interest of both the
Italian and American laboring classes.
Mr.. Birney then read the alleged libelous
article to the jury and also read to them GER
tain correspondence between Baron Fava
and the Secretary of State and of the
Treasury urging this government to sup
press the paorcnf system.
The PndrOni System.
Then the district attorney called to the
witness stand Alexander Oldrini, chief
agent of the italian government at Ellis
Island, New York harbor. At the request
Of Mr.. Birney the witness, after stating
that he had known Baron Fava for a num-
y 81
.1roni system. The word padroni means
master in Italian, he said, and it's generally
accepted meaning in this country was boss,
or one who controlled. AS early as 1884
the Italian government, said the witness,
became aware, of the slavery and atrocities
practiced undet thffepadroni system in this
country, and Since then efforts have been
constantly made by both Italy and this
edled. ~ '
The alleged lfbel6us article having re-
ferred to BarUn Pasta as a Don Bassillio."
a character in the @Barber of Seville" and
Marriage of Figaro" Mr.. Birney asked
the witness ITO. describe that character
"Well" replied MI. Oldrini, che was
mean, wicked, and, ihypocritical person."
On cross-examination Mr.. Cook DEVELOPED
the fact that Mr.. OIdrini, a native of Milan,
Italy, was naturalized citizen of this
country. and had also fought under Carl
baldi.
"A most glorious recommendation, re-
marked Mr.. Cook. THANK you," replied
the witness, With p profound bow.
With the Conclusion of Mr.. Oldrinfs tes-
timony, Mr.. Birney announced the close of
the case for the government, much to the
disappointment of the crowd in the court
room, who had expected that he would call
Baron Fava as witness. Mr.. Cook. how