Evening journal., 1919-10-01
JURY FINDS BARINO
GUILTY OF MURDER
Continued from First Page.

eral David ]. Reinhardt, assisted by
Deputy Attorney General p. Warren
Green, made the prosecution. The case
Is before Chief Justice Pennewill and
Judges Conrad and Rice In the Court or
oyer and Termlner.
Considerable difficulty was expert
enced In procuring the jury, the 81
Jurors OF the entire panel was ex-
hausted. and two talesmen called In ad-
dltiOn, before men satisfactory To- the
defense and the prosecution were pro-
cured. Many OF the prospective jurors
expressed conscientious objection to
sitting in Judgment on Barillo. The
Jury finally procured Is headed by
Colonel Weller +. Stover, foreman.
One fact was confessed by nearly
everyone active in conducting the case
as extremely puzzzlng. and is believed
10 be the pivotal point around which
the disposal Of the case will revOlve.
Near the body Of the dead Carmne
was found a nickle-plated revolver with
1--WE trlgger-dented but uneXRloded
shots. These cartridges failed TO explode
because Of a defect In the gun.
witnesses for the defense claimed that
the two victims had killed each other.
The prosecution denied this on the
ground that the gun Of Carmlne, one OF
the victims. because Of the defect. did
not function. and that Tony was shot
bv Barillo with another gun which he
subsequently hid and which still re-
mains undiscovered. A colored man
tstifylng for the State. stated he saw
Barillo. after killing Tony, run into the
alleyway alongside his house and hide
the weapon. The prosecution laid stress
upon the fact that the gun found along
side the body OF Carmine contained the
unexploded cartridges. and therefore
the fatal shot must have come from
another source.
Testimony was taken from seventeen
persons. including the prisoner, Chris
tlania Barillo, his wife; his brother,
DR.. Henry w. Briggs, Deputy
Coroner Harvey z. Nichols, Police ON
Ger Daniel Collins, who arrested the
prisoner: Rosetta Rondo, ii-year-old
daughter OF Carmlne; Detective Ser
geant Francis +. Green, who conducted
the Investigation following The shoot
ing. and others.
only eleven witnesses testified 10 see
ing tho gun fight in part or In It's en-
tirety. and Of these only nine were re-
garded as material Witnesses by the de-
fense and the prosecution.
Police Ofilcer Howard Z. Dawson told
how he found the bodies OF the two
dead men when he appeared twenty
minutes after the shooting. One body.
he said, was lying in The street and the
other on the sidewalk, the guns by
their sides.
Police Oficer Daniel Collins related
how he found Barillo sitting in appar-
ent calm on the front step OF his house
near the bodies Of the two dead men,
and Of his arrest OF the prisoner.
The witnesses for the defense con-
sisted Of six persons. including the de-
fendant and his wife. Barillo denied
shooting Tony. His witnesses cor
roborated his statements that he was
not even present at the time the fatal
shot was fired.
Among the witnesses who testified
that Barillo did not to their knowledge
fire the shot or was even present when
it was fred was little. timid, soft-voiced
the killing. Prosecutor Reinhardt stat
ed to the jury in this connection that
several persons stood between the little
girl, the duellsts and Barillo when the
shot was fired, and although she was
near. she probably could not see just
what took place. Chauncey Patterson
the first witness called for the defense,
stated that the two victims killed each
other in a duel.
Chief Justice Pennewill charged the
Jury. explaining to them what consti-
tutes murder i'm the first degree, the
second degree and manslaughter, de-
flning their power and responsibility.
and telling them OF the recent law
whereby they can recommend mercy
for the prisoner II they. find him guilty
Of murder in the first degree, in which
case the Judges had it in their discre-
ton. II a first degree verdict Is found,
TO commute the sentence TO life impris-
onment.