Every evening, Wilmington daily commercial., 1919-01-15
CHARLES MULAQUETTE
Continued from page ]

| address mentioned when iSHiilct NHt.i "
and wanted to know what the HI he
was doing there He replied that he was
not doing anything in particular where
upon Emmett drew a revolver and shot
him through the left forearm.
He disarmed Emmett, he said.
Ethel Hopcwell, over whom the shooting
| is said to have occurred testified that
Emmett was intoxicated and that she had
tried TO keep him from entering the house.
She said she was upstairs when the shot
was fired
John Pinket corroborated Ira Johnson s
testimony. Edward Skinner testified that
Emmett was drunk He said the two of
them had been in SINNERS home next
door and that he had told Emmet to go
home. He said he heard the squabbhng
! in the Hopewell home and went over there.
He seized Emmett by the arm, he said,
was discharged. After calling Policeman
Dutton who WAS in the house shortly after
the shooting, the State rested
Emmet Johnson, denied that he owned
or ever saw before the revolver which
| he is alleged to have used against Ira.
/ He said he was so drunk that night that
| he did not remember any incident con-
! nected with the shooting and learned
of the affair first when he awokc IN a
police cell next morning.
| Levin Irving Handy, attorney for
the defendant made strong plea for
his client and pointed out serious dis
crepancy IN the testimony OF tho State 5
witnesses IN relating now the shooting
occurred. The State withdrew the charge
of attempt To commit murder and asked
| for conviction, on the grounds of simple
| assault,
The jury brought in verdict of guilty
Of assault only as charged.
FALcoNI ON TRIAL.
4 Massareno FalcC1i, who is suspected
OF having shot and killed ono man and
injured two others on the night OF Deem
ber 2i, was placed on trial before Judge
Hciscl and a jury in Court Room No
, in Court Of General Sessions, this
morning, on charge of assault with
intent 10 commit murder on Walter
! Parker. a special officer of the Pennsyl-
vania railroad
Falconi is also under an indictment on
a charge Of assault with intent TO COM
| NIT murder on John J. HarkIns, a brake
man Of the railroad and, jointly with
Alfred Rossi. with the murder OF Tony
!, Quartcllo The latter case has been
| ST ior February 3. IN Court of Oyer and
Tcrminer ]. Frank Ball appeared for
The defendant, while Attorney General
Rcinhardt conducted the prosecution.
Parker testified that his attention was
attracted. on the night Of December u,
by shot and the morning OF man
He ran 10 Third and Church streets and
there saw Falconi. whom he said he
| identified a. ms aSSailant running down
Third street toward the ChTlstlana river.
HarklnS was IN pursuit of the man, he
- J.. ,y,,t,,A IN, EalCAnt no ttlPN
turned and shot Harkins and then fired
al him tthc witnessl the bullet lodging
in his leg The defendant, he SAID. was
about 20 feet away when he fred Parker
said that he fred his. own gun when he
saw Harkins shot. Parker appeared IN
court on crutcheS.
Harkins gave similar testimony. He
sad he positively identified Fa.coni as
the aSSailant. When he saw that some
thing was wrong, he started after Falconi
snd was shot in the shoulder lie stopped
10 try TO cvadc the sho. when he guessed
the defendant intention Of firing, but,
nevertheless he was struck
Raifa lc CapoIle, railroad gate
tender at Fourth and Church streets,
said he saw q man shot At Third and
Church streets. that Falcon! put revolver
in his pocket and walked UP past his
MATCHBOX 50 lilal nc easily lttO-ilIESU
hm
Tony Condinc, who was standing Al
Fourth and Church streets at the time
of the alleged shooting, said that he saw
Ealconi FIRE two shots and thcn replace
the revolver in h.s pocket The de
iendant then walked up past him and
then began tn -lIn. he said. lie identified
Falconi as the alleged shooter.
Charles Raine, who said ne was at
Third and Church streets AT the time
Of the shooting, identified Falconi.
John Walsh testified that Faiconl
came running from the direction Of the
alleged shooting and fell in ditch at
the railroad Mr. Welsh said that when
he saw the man running, he believed
that hc was running for the boat and
warned him abou; the ditch. The de-
fendant not answering, swerved, but
fell. He then drew the revolver and shot
Parker and HaTkins, witness said. He
identified Falconi as the one who did
the shooting
DR. Julian Adair testified to the in
Jury of Mr. Parker The bullet went III
one side OF the leg and out the other he
said.
The court then recessed until 2.30
a clock