New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-29
NEW TRIAL GRANTED TO NlNO
ANOTHER OF RECORDER GoFFs MURDER
CASES SENT BACK. rex.
THE CotyRr OF APPEALS SAYS THAT HE WAS IN
ERROR IN HIS RULINGS ON SOME OF THE
EVIDENCE AND IN HIS CHARGE

FIFE. cot,Rr OF APPEALS SAYS THAT HE WAS IN
ERROR IN HIS RULINGS ON SOME OF THE
EVIDENCE AND IN HIS CHARGE
TO THE JURY.
Albany. April 2s.-The Court OF Appeals TO-DAY re,
versed the Judgment Of the lower court ana oraereu
q new trial In the case of Yincenzo Nino. VINO Is
waiting execution In Sing Sing Prison for the MUIR
der OF his wife. Nino killed his wife. Mare win
razor at their home, No. IS Baxter-st' New orn'
on February 49, 1895. He was said by the ne'shpois
, to be insane. He made no attempt to escape. anu
was calmly dressing his two children when the po-
lice entered. He said man had offered slo'V" 10
his wife to kill him.
At the trial DR.. Charles Dana testified that inc
accused man was insane and that he had cai"ly
cut the throat Of dummy woman In the iomos 10
show how he Killed his Wife Recorder Con re-
marked at the time that medical experts had been
deceived by people who slammed insanity foE pur-
The opinion ln-the case is written by Judge Bart
lett. and all the other Judges concur In It, AFTER
giving graphic history Of the case. Judge Bartlett
says tr-.
We, have had our attention called to large num-
Der OF exceptions which, defendants counsel insist.
present legal error and call for reversal O., TINS ,
Judgment After examination OF the record we
have reached the conclusion that some OF these ex,
cepons Sscce reversible r and gp1n
lions to the refusal Of the learned Recorder to admit
TeS an al 81 similar
may be considered together.
The Court committed an error. both vital anu c9i-
culated to greatly prejudice the rights or the de-
PENDANT. In excluding the testimony OF his sster-in-
law relative to interviews which she had with me
defendant. because these interviews we're OF the
highest importance as everything that ne sara was ,s
mental condition. The declaration OF the Court IN
the presence Of the jury that there had been no ts
tlmony as 10 delusons of the defendant when Ut
Charles Dana was on the stand whereas Dr. Marini,
who hal prescribed for the defendant for head
trouble. testified that the defendant one morning
brought him brg which he said he took from MS
The Court erred in excluding conversations which
the defendant had with DIR. Chetwood a physician
placed on the stand by the defence TO TESTIFY as 10
the mental condition OF the defendant. The jury
entitled 10 the facts which the insanity ex-
pert based his conclusions and his interviews with
the defendant not only competent evidence,
but Ii was necessary that they should be laid be-
fore the jury
A further ground OF error is found in the portion
OF the charge to the jury In which the Court states
that 1t must be clearly proven that at the time or
ing under such a defective reason that he did not
know the quality Of the act he was committing.
This portion OF the charge was calculated TO mis-
lead the jury IN two very important points. II the
defendant offered evidence tending to prove that
he insane at the time the act was committed.
the prosecution must prove sanity by prepon-
the defendants evidcnc, creates In the minds or
the Jury a reasonable doubt TO his sanity at
the time Of the killing the prosecution must pro-
duce a preponderance OF evidence remove that
doubt. The sole defence in this case was insanity,
and 1t most important that the jury should
have been clearly Instructed on the points we have
discussed.
+, We have referred TO various occurrences during
the trial which, the defendants counsel insist. II
not presenting legal error. must satisfy the Court
that justice requires a new tfial. but we thnk "
Unnecessary to consider them, we have reached
the conclusion that for the reasons already stated
the Judgment Of convection must be reversed