The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-01-15
MORO FOUND NOT GUILTY.
ACQUITTED OF THE MURDER OF
PATRICK sCULLY.


ment That Ii Was Done in Self
Defense-story of the killing as
Told ON the witness stand.
Nicholas Moro was acquitted of the
charge of numbering Patrick Scully on the
night of Dec. II. by jury in the Superior
Court yesterday.
The trial occupied the entire day. The
jury retired at $50. and returned to the
court room. with the verdict ten minutes
later II was said, however, that a verdict
was reached within three minutes after
the consideration of the case was begun,
some time being lost in waiting for the
copy of the indictment, which had been
taken into the solicitor generals office.
The prompt verdict of acquittal may
cause some surprise to those not familiar
with the details of the case. 1t was ex-
pected, however, by the majority of those
present al the trial. and little surprise.
however. was expressed at the quick re-
turn of the jury.
The defect In the states case was that
there was no eye witness of the stabbing
and that, with the exception of the re-
ported dying statement of the dead man,
there was nothing to contradict the state.
ment of the accused that Scully had fol-
lowed him up and renewed the attack
after having already severely beaten him.
and that it was then that he inflicted the
fatal wound with the knife.
Besides this, the evidence was clear that
Scully had made an unprovoked attack on
Moro in Crum' place and administered a
severe beating shortly previous to the fatal
encounter.
The states witnesses were Emanuel
Green, James Ford and Essie Johnson, all
colored, and Detectives Barrett and Soul
though the three colored witnesses saw the
first part of the affair They testified that
Moro came into Crum's store, on Hous-
ton street, and asked for some pigs feet
Scully, who was in the bar drinking, call
ed Moro dago, and asked him what he
wanted with pigs feet. Moro replied
that he was no dago, but an American
citizen. Scully then seized hold of him
and struggle began.
GScully, who was the more powerful man
of the two, seized Moro by the throat and
I
ed by James Ford (colored) who worked
in the store. The struggle was resumed
however, and the two men fought their
way into the street. where, later evidence
showed, Moro was badly beaten.
The witnesses did not follow the combat
ants and knew nothing more of the diff
Guilty until Scully came back a few min
utes later and said he had been cut by
the dago.
Detective Scuily, an uncle of Patrick
Scully, testified to his nepheWs dying state
ment, which was that after the difficulty
with Moro he started south on Houston
street; that he had stopped a the first cor
ner for a moment when some one called
to him, from the house on the corner he
thought, to look out, that a man was about
to stab him. He turned and saw Moro,
who drove a knife into his side
Detective Barrett testified to finding the
bloody knife in Moro's house.
The evidence of the state was concluded
at noon. After a short recess the defense
began the introduction of evidence
Policeman Jernigan and Mr.. H. f. Will
son testified that Scully was a man of
very violent temper.
DIR. r. G.. Norton testified to visiting
! Moro in jail several days after the homi-
eide, and that he found him suffering from
| bruises and Commissions i'm the head face
and side. one eye was still closed from
the effect of blow Coroner Goette had
after
the cutting ARRAY, and that the only in
| jury perceptible was a slight cut on the
| forehead.
Annie Howard and Mamie Ellis, both
colored, who live at the corner of Huh
| and Houston streets. testified that they
were both in the house on the night Of
| the cutting ARRAY, and that no one called
out of the window to Scully that a man
| was about to cut him.
In rebuttal, Solicitor Osborne called two
witnesses to the stand to prove the char
| acter of the deceased as a peaceable citi-
! zen.
The best evidence in Moro's behalf was
his own statement. which was given in
straightforward, Impressive manner. He
| prefaced his statement with an account of
! himself. He was 80 years old, he said and
| came to this country in 1869. He married
| and engaged in business in Philadelphia
! and New York for several years and for
several years did prosperous fruit BUSH
! ness. His wife contracted consumption he
said, and for the benefit of her health he
! came south, locating in Charleston, where
| he engaged in business for six, years. His
| wifes health growing worse his physician
advised linn to take her further south. and
! he removed 70 Brunswick in 1887, where
| Mrs. Moro died. In 1892 he came to Savan-
nah, and has since been engaged in the
| fruit business, and in making sails. The
| night of the killing, he said, he had gone
! into Crum's to buy a pigs foot, when
| Scully, whom he did not know, cursed, at
! tackled, beat and kicked him, finally kick
| ing him into the street He started away
| from the place, he said, when Scully
! followed him up and renewed the
| attack and IL was then that he used his
| knife in defense of his own life
The knife, which was introduced in evil
| dence. Is a very large pocket knife 1t
| was in evidence that Moro had ATTEMPTED
to draw this knife in the difficulty in the
/ saloon, but had been prevented from doing
so by Scully.
! The court adjourned for dinner at 2
| o'clock. The afternoon session was Civ
| en- up to argument by the attorneys. Moro's
| attorneys were Messrs. W. p LaRoche
| and WI, f. Slater, both of whom made
| able arguments I'm his behalf A very
strong presentation Of the side of the state
was made by Mr.. Osborne. The main no
| siuon taken by the latter was that the at
| tack by Scuily upon the defendant, though
/ il might have been a severe one could
! not be construed as an assault with intent
! TO murder. Had Moro not used his knife
! he said. the worst charge he would have
! been able to bring against Scuily would
! have been assault and battery. which is
| only a misdemeanor. There was no evil
] donoa ha said that tha dafppdap, b,.l -.