Evening journal., 1910-02-18
Counsel For Convicted
Man Asks For New
Trial and Will Argue
Application on March 7.
PRISONER AFFECTED
BY JURY'S FINDING

Carmine Russo was convicted of muir
der in the first degree by a jury in the
Court of oyer and Terminer this morn
ing. Russo had been on trial for two
days on an indictment charging the
murder of William J. Kidd at Sixth
and Adams streets on January 16.
Russo expected the jury to convict
him of murder in the first degree. He
WAS detained in tn police station last
night and was taken TO the court
house at o'clock this morning to
await the return Of the jury.
After being seated in the dock he
asked officer Carmine Di Mare, "Win
they hang me as soon as the jury comes
in"
The jury came in at $40 o'clock
and returned the verdict Of guilty Of
murder in the first degree. At the
request of Leonard Il. Wales. counsel
for Russo the jury was polled and
every man announced the verdict to
be his.
The jury was then discharged. Mr..
Wales later moved for an arrest of
Judgment pending an application for
a new trial for Russo.
Chief Justice Pennewill asked At
torney General Gray IL there would be
any other cases for the Court of oyer
and Terminer at the March term and
when the Attorney General replied that
he was not aware of any the session
was adjourned to the first day of the
March term.
Chief Justice Pennewill told Mr.
Wales to file his reasons for new
trial In the proper time and that ar
gument will be heard onl the applica-
tion for the new trial on Monday
March Z. The court then adjourned
until that time
Russo was taken to the worzhouse by
Two guards. Chief of Police Black with q
squad Of officers in charge Of Sergeant
Massey we're in court There we're about
$50 spectators present.
Russo Affected.
After hearing the verdict and after h'
had been taken TO the court house base
ment to prepare TO be taken to the work
house Russo broke down and create'
much excitement by his protestations II
italian.
The two workhouse guards who hsv
had charge of him during the trial accom-
panied him to the worShouse in the specis
trolley car used for conveying worlShous
prisoners. BY the time they had reachc
the worl1house Russo had recovered hi
composure and made no demonstratio
when he entered the building
In court yesterday afternoon ars1imen
in the case was concluded by 610 O'Clock
Chief Justice Pennewin charged the FUR
and It retired at 6.25 O'Clock. A reces
was taken until $50 o'clock but at tina
time no verdict had been reached. Th
jury was then locked up for the night
In court. Yesterday afternoon. Waite
Early, aged Is years. was the frs
witness called. He said he had beei
at Third and Madison streets, an,
from there he and the other boys wen
10 Sixth and Adams streets. He testi
fed that he had heard Joseph Nam
rnele say. Go ahead. Joe, wen STAN
for H." He saw the flash of the re
waiver and Kidd staggered to the cur
and fell.
Russo Says Revolver Was Drawn.
Cannine Russo, the prisoner. wa
then called. In answer to Mr.. Vale.
questions, Russo remembered the da
Kidd was shot. Russo said he live
q No. 1924 West Seventh street. II
and Philippe DO Rosa had been to
place near the depot, he said, and the
were returning home when the boy
snowballed them. after that Russ
said, 1--WE walked pretty fast after tn
boys. They hit me in the head abou
ten times" Russo said he followe