Evening journal., 1919-10-01
FINDS BARINO
GUILTY OF MURDER
contlnned from RIrst Page.


eral David J. Relnhardt, assisted by
Deputy Attorney General p. Warren
Green. made The prosecution. The case
Is before Chief Justice pennewill ana
Judges Conrad and Rice In the Court OF
oyer and Terminer.
Considerable dinlculiy was expert
enced in procuring the jury. The %
Jurors Of the entire panel was eX-
hausted. and two talesmen called in ad-
dition. before men satisfactory 10 the
defense and the prosecution were pro-
! cured, Many OF the prospective jurors
expressed conscientious objection 10
sitting in judgment on Barillo. The
jury finally procured Is headed by
Colonel Weller +. StOver, foreman.
One fact was confessed by nearly
everyonc active in conducting the case
as extremely puzzzlng. and is believed
10 be the pivotal point around which
The disposal Of the case will rev0lve.
Near the body OF the dead Carmine
was found a nickle-plated revolver with
five trlgger-dented but unexploded
shots. These cartridges failed 10 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 6f Carmine, one OF
ihe victims. because OF the defect. did
not function. and that Tony was shot
by 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
tiania 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 Carmine; Detective Ser
geant Francis Z. Green. who conducted
the Investigation following the shoot
ing. and others,
only eleven witnesses testified 10 see
ing the gun fight in part or I'm It's en-
tirety. and Of these only nine were re-
earded as material witnesses by the de-
fense and the prosecution.
Police Ofllcer Howard r. 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 Onlcer Daniel Collins related
how he found Barillo sitting in appar-
ent ralm 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. tlmid, s0ft-voiced
Rosetta, who was made an orphan by
the killing. Prosecutor Reinhardt stat
ed to the jury in this connection that
several persons stood between the little
girl, the duelists ana 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 Pennewlll charged the
Jury. explaining to them what consti-
tutes murder in 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 Elm guilty
Of murder in the first degree, in which
case the judges had il in their discre-
tion. II a first degree verdict is found,
20 commute the sentence TO life impris-
onment.