The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1921-05-20

Iue LEldl OF angelo DamlCop dC'
cused Of numbering Frank Tascone
last April began its third day in
Criminal court this morning. By
late afternoon the case had gone
to the jury and a verdict is expect
cd before night. Just before noon
the instructions and charges to the
jury were spoken and by 12 O'Clock
Attorney Harry Shaw for the de
Tense and Attorney Frank Amos for
the state had finished their ad'
dresses Directly after lunch At
torney Curt Amos, also for the de,
Tense, recited his reasons In fitting
style why he considered the de
fendant innocent and following his
speech and last came Assistan,
Prosecuting Attorney W. B. Ma
son, who gave the last thought To
the jury In favor OF the state.
Long was the wait this morning
in Criminal court for attorneys to
cease wrangling over what should
and should not go in the instruc.
tions to the jury In the Tascone
murder case. All evidence was in
every witness had testified.
The court room was fairly well
filled, most Of those present being
friends Of the parties most con,
cerned in the trial Of Angelo DamiI
co whose life has hung in the bal
ance for three days.
The wife OF Angelo, a small, thin
woman, we'll past middle age, wear.
ing q large white hat and gold ear.
rings and dressed very plainly, wept
almost Without ceasing during The
taking Of testimony yesterday aft
ernoon. Once q. tWice she went
out In the hall to recover her COM
posure and while there She said TO
the interpreter, Mrs. Lena Caidara.
"oh, what trouble a child can bring
youi"
Today she sat patiently through
the many hours, her face a mixture
OF calm and sorrow. Occasionally
she wiped her face, in tired way
with large white handkerchief.
Now and then her eyes hardened,
especially during the speech Of
Prosecuting Attorney Amos. When
Attorney Harry Show for the de-
fense had worked himself to a fine
frenzy Of outraged dignity, this
wife who has so much at stake, was
plainly affected. Her eyes grew
large and luminous and when her
daughter, Mary, whose character
has been SO maligned, was brought
into the story-this wife and moth.
er covered her eyes with her hano
and seemed to sink even lower in
her seat.
all instructions and charges
to the jury were in. 1t re.
quired every moment during the
entire time from nine until II for
the state and the defense to pre-
pare instructions which should
properly convey to line Of jury.
men OF different personalities but
with supposed intelligence, thu per.
tinent evidence. The speeches to
the jury were finished by mid after.
noon.
Particular stress was made by
the defense on the fact that
through DR.. others testimony 1t
wass shown that tho bullets which
lodged in Tascone's skull did not
pierce the brain as DR.. Ramage
supposed but remained on the out
side Of the skull. oftner testified
that II an incision had been made
permitting the blood to escape,
Frank Tascone's life might have
been spared.
Bullets were exhibited, mere par.
ticles flattened out. Dry particles
OF blood still clung to them. These
we're removed by offner in an au.
topsy which was performed at Car
penter and Ford's following Tas.
cones death.
DR.. Ramage testified that no
operation was performed on Tas.
cone on his arrival at the hospital
as he was positive the bullets had
entered the skull and death was a
certainty. The defense wish to
prove that had the probing which
was done by DR.. Ramage been sat
istactor yand an opening made to
allow a drain, the mans life might
have been spared. It was testified
by Offner that the bullets had not
entered the brain at all.
Both the state md the defense
made fine speeches to the jury.
Att. Frank Amos carried a good
voice, quiet well modulated, until
the climax, at which time he rose
to his toes with necessary melo-
drama and worked with all loud
pedals.
His address wa sin effect that
the crime Of killing Frank Tascone
was premeditated-that Damico
had told Jailor Buckley insDecem-
Der that he intended killing Tas-
cone. He claimed the defendant
had always been q good friend
of Tascone's until a year ago fol-
lowing the asking b y,rascone for
the hand Of Mary.
Angelo was said then TO have