Evening journal., 1908-08-21
YEAR FOR DEBIASO,
WIFE COLLAPSES
Woman Led Weeping From
City Hall After Trial
This Morning
RESULT OF CUTTING AFFRAY


Joseph De Biaso. who figured In the
cutting ARRAY Wednesday night when
John Brinckle, a huckster, was siashed
with a knife, said to have been in the
hands of the Italian, was sentenced to
pay 500 fine and be confined in the
county workhouse for a year. by Judge
Joslyn in iCty Court this morning. When
Mrs. he Biaso was apprised of the heavy
penalty imposed upon her husband, she
collapsed and had to be led from the City
Hall after court by friends She wept
and carried on all the way down Market
street to Fifth where her friends led her
through on the way to her home in Second
street between West and Washington.
De Biaso was tried on the charge Of
assault and battery, though on the night
O fthe affray he had been arrested on the
charge of assault with intent TO commit
murder This charge was changed at the
arraignment yesterday morning. though
in summing up his case this morning the
assistant city solicitor said that he be-
neved the prosecution had made a mis-
take in having that done. He asked the
court to impose the maximum penalty, as
he said that the wounds inflicted on the
serious and might have resulted fatally.
Had Record for Good Conduct
De Biaso is a nervous little man and up
to Wednesday had bore a favorable rec
ord for good conduct in his neighborhood.
He was so nervous on the witness stand
that as he leaned far over and his small
eyes snapped, he rushed ahead of his
story several times, forgot to pause to al
low his attorney to question him, and in
hts broken English related excitedly h s
version Of what took place Wednesday
night when the huckster was slashed with
the knife.
Brinckle was in court, though his left
arm his breast and back were pretty
stim from the wounds he had received.
The story he told was that the Italian
had wrangled with him over the price of
a Watermelon, that the mans wife had in
terferred, and that finally De Biaso pulled
a knife. A young man by the name of
George Cross, who had been with Brin-
ckle on the huckster's wagon, testified
that the Italian had chased him. Cross
around the wagon two or three times
while the wife had grabbed hold Of Brin-
ckle.
Witnesses For Defense.
De Biaso, his wife, their little nine.
year-old son Mike. and another Italiar
named John De Amio were the witnesses
for the defense. Attorney Philip II. Gar
rett represntd d Biaso. All italian saiC
that on Wednesday evening between
and 10 o'clock one Of the hucksters asked
hi mif he didn't want to buy a water.
melon He said that he gave them 3
cha
tined that they refused to give him any ai
which he went out Of his house stiil ask
ing for his change. He said that he die
not have an open knife with him az th'
time but drew it later in ored TO protect
himself. as he alleged that the two huck
sters had begun to beat him.
The ARRAY happend in Second street be
tween West and Washington near where
DC Biaso and his family lives. A gooC
A,sized crowd collected by the time the 20
lice arrived and De Biaso was found il
his house and placed under arrest. Over
c. Spear dressed the huckster's wounds
after he had been carried TO Or. Spear
drug store and the physician explained ts
the court this morning the exact nature
OF them.
Judge Comments on Knife.
Judge Joslyn, after examining the knife
which was of the pocket variety, but o.
extra large size said he did not think i
proper for persons TO have such weapons
on them, and that il De B'aso had ha,
any grievance regarding change that III
should have received. the matter shoul'
have been placed in the hands of the po
lice for them to take action. He said tina
CONSIDERING the possibilifv that the knit
wounds might have resulted fatally t
Brinckle he should have to impose
heavy penalty upon De Biaso. Attone.
Garrett pleaded that the Italian was de
Tending himself when he drew the knit
and alleged that t'1o huclsters had beei
trying to cheat the foreigner out of none.
by refusing. as De Biaso has testified. 4
return change.
Attorney Garrett said that he Nigh
take an appeal in the case though he ha'
Tlaf fIafa tft,~I tI.rk