The Birmingham age-herald., 1905-02-11
GARD|NO BOYS ON TRIAL FOR MURDER Italians Charged With Killing
 Their Kinsman .INTERPRE TER IS EMPLOYED Murder Is Alleged to Have Been Com. mitted at Pratt city-on Trial
 In First Division of crml.
 nal Court.
INTERPRETER IS EMPLOYED

Tony Gardino and Joe Gardino, brothers, Italians, are on trial before a jury Tn the first division of the criminal court, Judge Samuel L. Weaver presiding, charged with murder in the first degree. The defendants were indicted by the grand jury for killing their kinsman Sam Saline. The homicide occurred at Pratt City last August At a former trial the jury failed to reach a verdict and the case resulted in a mistral. The corridors on the second floor of the court house and the criminal court pre- sented typical Little Italy, there being such a large number of Italians summon ed as witnesses. Capt. P. Catanzano, the representative of the Italian government in Birmingham and the district and R. Caravella appointed by the court as the interpreter, are on hand, assisting in the trial of the case.
 But very little progress has been made with the foreign witnesses. Few of them seem to be able to understand the ques- tions propounded by the attorneys in the case when interpreted in their native tongue.
 Assistant Solicitor Edward w. Winston and J. B. Aird are conducting the prose- cution, and Attorneys Frank Deedmeyer and Robert II. Bell represent the defense.
 No Unfrendly Feeling.
 Mrs. Chicakarella was on the stand yesterday afternoon for the state. The witness testified that Tony and Joe were on friendly terms with their kinsman, Sam, so far as she could know. It was apparently very hard for the witness to comprehend the questions asked her by the interpreter.
 Syd Harmon, a policeman of Pratt City,. was called by the state He testified that he remembered when Saline was killed. He said that the killing occurred about f o'clock one morning and that he was fifty yards or more from the place.
 T went to the store and saw the man after he was killed" testified Officer liar mon. "Eie was then lying on a pallet or the floor upstairs. Saline was shot in the head, evidently with a shotgun. I saw a double barrelled shotgun laying near the dead man which was empty then.
 "The night before the shooting I heard Tony tell Sam to pay him something. They all seemed to be in a dispute--'
 We object" said Attorney Bell. Let the witness tell what the men were saying"
 q don't understand their language" said the witness. "The three men ap- peared to be mad, but Joe did not appear to have much to do with the trouble. left their store shortly before o'clock, which was a short time before the kill ing
 Did Not Hear Shot. F "I did not hear the gun fire,' testified Officer Harmon on the cross -examina- ton.
 What language were the three men using when they were having their dis pute?" asked Attorney Bell of the wit ness
 Don't know. Guess it was Italian" 'It wasn't English, then?" Not my kind"
 The witness was then excused. Testi- mony offered by witness at the former trial who are absent was then read to the jury, after a consultation between the attorneys for the state. Court then adjourned until 9:3O o'clock this morn ing