The Birmingham age-herald., 1905-02-13
GARD|NO'S TRIAL
 PROCEEDS TODAY Italians Are Charged With Mur- dering Their Kinsman GRAND JURY MEETS TODAY Trial of Mrs. Rosa Herring Win Pro- bably be Set for Some Time in
 April-She is Charged
 With Killing Husband.
GRAND JURY MEETS TODAY

The trial of Joe and Tony Gardino, Italians, charged with murder, will pro- ceed this morning in the first division Of the crimial court, Judge Samuel l.. Weav- CT presiding.
 The trial of the defendants who are charged with murdering their kinsman, Sam Saline, at Pratt City last August. opened Friday morning and during the day several witnesses were examined. Saturday a continuance was made, how eyer until this morning, on account of the Illness of Attorney N. Bell. one of the attorneys for the defendants.
 The state Is bring represented by As slstant Solicitors J. B. Ai-u and Edward w. Winston and MT. Bell and Frank Deedmeyer are the attorneys for the de- fendants The state Is evidently making an attempt to prove that the three ltal- ians quarreed over a money transaction and that Saline met his death at the hands of the two Gardino boys A num- Der of witnesses are 1talians. and as they cannot understand the question pro- pounded them by the attorneys, the court appointed R. Caravello as court inter- preter. The attorneys ask the questions of Mir Caravelo and he in turn questions the witnesses. de then translates the reply to the court and jury
 Italian Government Represented.
 Capt P Catanzano, the representative of the Italian government in Blrmins- ham, Is attending the trial of the two men. He does not appear to be assisting either the state or the defense
 Until this case Is ended there will prob ably be two sections of the first division of the criminal court this week. Judge Dan A. Greene is scheduled to preside in the first division. where the non-eapital docket will be tried, and Judge Weaver in the second division when the Gardino trial ends.
 The January term of the grand jury will reassemble this morning in the first division of the criminal court Judge Greene who organized the grand jury at the first of the year, may have some special instructions for the jury, which will be given this morning when the body meets.
 After transacting all of the business before It. the grand jury took a recess several weeks ago, until today. The grand jury will get down to business im- mediately, several important matters be- ing scheduled to be presented to the body by the solicitor, or his assistants with out delay
 The next capital term of the criminal court will probably not be held before early in April. There are a number of capital cases on the docket. and the term in April will last two weeks or longer.
 The Herring Case.
 The case of Mrs. Rosa Herring. who is charged with killing her husband, c. ". Herring at Weller Mines, in the lower set for trial in April ' he eian1 Jury at Bessemer indicted tue woman aatDr- day on the charge of murder in the fiist degree. Although the defendant was u- dcted in Bessemer she VIII be tried in the criminal court in Eirmihgnam, in- asmuch the city aourt 6f ..'eseElcr does not possess the Jurisdiction tc try capital cases. On an indictment charLing murder in the first degree. the defendant cannot obtain bail, and unless Mrs. Her rig institutes habcas corols proceedings and secures bail then she must remain in the county jail until her trlai. And should she obtain bail at a habcas corpus proceedings the state would have the right to appeal to tho supreme court and pending this appeal the def sndant is held in the county jail