New-York tribune., 1922-05-26
Slayer of Hay
Blanes BOOtleg 9
Liquor for Act
Fate of Michael Fradiano Is
Left With Jury After He
Testifies He Didn't Know
He Killed the Patrolman
No Verdict at Late Hour
Evidence Relating to Al
legged Previous Murder in
Italy Is Not Admitted

Late last night Michael Fradiano,
the fish peddler who shot and killed
Patrolman Douglas W. Hay eight days
ago, was still waiting for the jury to
bring in verdict to Justice Daniel F.
Cohalan in the Supreme Court of the
Bronx. The jury returned at :55 p. m.
to have some of the testimony in the
case rercad.
Taking the stand in his own defense
and testifying through an interpreter,
Fradiano, who is forty-nins years old,
blamed bootleg liquor for his act He
said he was drunk at the time and could
remember nothing.
District Attorney Edward j. Glennon
announced early in the day that the
case for the state had been completed
women Of Fradiano's nationality when
the prisoner took the stand. Charles
&. Mclaughlin, attorney, was defending
him.
Gestlculating nervously, his voice
tremulous with emotion, he told of
drinking the night before the killing.
He had risen at $50 on the day of the
tragedy, had taken more drinks and
had tried to work about the two houses
which he served in the capacity Of
janitor, he testified When served with
summons for throwing fish into the
street he said he understood the police
man to tell him that he was to be taken
to the station house
Denies He Realized Act
Il don't remember much after that
he said. 81 did 60 in and get my coat.
Yes; there was a pistol in that coat,
but the next | knew was when q man
shook ne and said: What's the mat
ter you fool? Don't you know you've
killed policeman? Then this man
said Run, Rum, and did run towar rd
the pax. threw the gun away when
the officers came at me-
Bootleg liquor, the kind surrepti
tiously sold in every part Of this great
city, was the agency responsible for
the killing of Policeman Hay.' de-
clared Mr.. Mclaughlin, counsel for the
accused, who prefaced the testimony
of his only witness, the defendant, with
an appeal to the jury to recognize the
fact that there was no premeditation
on the part of Fradiano, that he was
crazed by drink, that he had been
drunk continuously up to the time the
patrolman appeared on the scene.
The police. by their testimony, have
made this appear as a Wild West kill
ing, but the real truth is this man
killed the man he was friendly with
and did not know what he was doing,
said Mr.. Mclaughlin.
Later when District Attorney Glen
non attempted to wrest from Fradianc
an answer to question concerning q
similar crime for which he was alleged
to have served fifteen years in Italy
Justice Cohalan, following an objection
raised by counsel for the defense, in
structed the jury to disregard any
former conviction.
killing in Italy Denied
Under cross-examination Fradano
insisted he did not remember making
a confession of the shooting He de-
MED he had told photographer called
Jenkins that he had killed a man in
Italy. He admitted having two guns.
declaring he did not know how to load
either, but on further questioning said
he carried one Of the guns while a
watchman in garage. That was a
few weeks before he became janitor
for houses at 172d Street and Third
Avenue and 1S2d Street and Washin-
ton Avenue.
In rebuttal. Mrs. Rose Eidelberg, of
966 Fox Street, testified that she OBJ
served Fradiano on the morning of the
crime and that he appeared to be sober.
She also observed him after the shoot
ing and he still seemed sober. although
nervous, she said Mrs. Eidelberg had
employed Fradiano as an assistant
janitor.
DR.. B. H. Goldstein, of Fordham Hos
pital testified that he bandaged Fradi-
amos head after the shooting and that
he seemed to be oblivious to pain A
strong odor of spirits came from him,
the witness said.
Although counsel for the accused
objected strenuously, confession ex-
tracted from Fradiano at the Bathgate
Avenue station was read into the
record Frank Gilberti, interpreter of
the Bronx County Court, testified that
he acted as interpreter for Fradiano
when the alleged confession was made
in the presence of Assistant District
Attorney Qugley and several others.
Fradiano came to this country six
teen years ago and has a wife and
three children in Italy, he testified dur
ing the trial.