Every evening, Wilmington daily commercial., 1922-11-22
PERSoNTl FOUND
GUILTY OF ATTEMPT
! TO KILL POLICEMAN
Continued from page 1.

Continued from page 1.
Hearing OF testimony and argumeh,
OF counsel to the jury was compie.eu
by 8 o'clock yesterday afternoon Juose
Rodney then deferring the charging ca
the Jury until this morning. Mr.
Chandler. in his argument, contended
that the assault was not one WIFE
murderous intent, and Deputy AL
torney General Clarence A. Souther-
land. who prosecuted the case. argued
that II was purely a case OF assault
with intent to commit murder.
While Officer Boyd was giving his
testimony, he exhibited to the jury, at
the request OF Mr.. Switzerland, the
scar of the wound that he suffered.
DIR. John Palmer, who attended Boyd,
showed X-ray photographs OF the
wound. Had the shot struck about
three quarters of an inch farther to
lie left It would probably have proved
fatal. the doctor said. About three-
quarters Of an inch of the police Of
ficer's collar bone was crushed to
pulp by the shot, DR.. Palmer explain
ed.
officer Boyd, the first witness called.
testified that he saw Persontt and Far
raone while they were about three
blocks distant from him and that ne
guaged his pace In order to meet them
under the arc light at Ford and Lam
caster avenues. When he reached the
light, he saw only Farraone, he SAID
and with his right hand on the bae;-
was quizzing him as to where ana
by what means he obtained the
peaches when Personti appeared with
in the rays of the light with the gun
directed toward him. As he stepped TO
one side to knock the gun with his
club. he was shot, ne said. He fell to
the ground and started firing with ms
own revolver, the officer testified.
In cross -exami n alton by Mr.. Chand-
ler,> Boyd said that he did not say
anything to Farraone that would
arouse his and Personti's anger and
that he made no threats.
The shot-marked and blood-stained
suspenders and uniform of Ofiicer
BOYD were admitted as evidence.
DR.. Palmer, in his testimony. said
that the shot struck Boyd in down
ward course. The wound proper. he
said. was about the size of a silver
dollar, but pieces of shot were scat
| tered over a large area or the shoulu-
er portion cf the body.
Detective Riley testified that he
with officer Lynch, was detailed tt
| the case and. going to the scene of the
accident, found Boyd lying on porch
with his clothing, revolver, black
lack and club covered with blood. AZ
| ter they had been given a description
! of the assailants of the 'oiicer, ne
said. he. Lynch and others went tC
Personu's home, 2406 West Second
street. Personti's clothing was wet, NJ
said. which disproved the claim made
by the man at the time that he hat
not been out Of the house since L
, o'clock, as il did not start raining un
Ill about ! o'clock.
CAPTAIN of Detective Benson teeti
fed to the finding by a boy of th'
shot gun in the grass near the scene
of the shooting. 1t contained ont
/ good and one discharged shell, IN
said. The gun was admitted as evi
dence.
Personti made a statement the da!
following his arrest. Captain Benson
said, in which he claimed that he di'
lot Intentionally fired the gun put tina
the trigger caught in his clothing
Frightened. he ran away and threN
= the gun away, Personti saids in hi
. statement, according TO the detective
captain. Captain Benson testified ths
the defendant said that he was ten yard
away from the officer whens the gu
was accidentally discharged, but III
witness said that in his eXperienc
with guns a shotgun Cf the type use
. by Personti would not make as small
wound as inflicted upon Boyd unles
I the charge was fired at A considerabl
closer range.
August Fersche testified 10 the faC
t that peaches were stolen from hi
! trees late in the night OF August
or very early the following morning.
In his opening to the jury, NJ
' Chandler stated that Personti did nc
, fire the weapon. but that It was acc
2 dentally discharged that he did nc
T take the gun TO kill but merely to pro
tect himself and Farraone in case the
q were attacked while passing the Ba
! timore & Ohio Railroad bridge whic
, places they understand was dangerou
TO pass. Evidence would be produce
TO show that there was nothing ths
occurred when the officer stopped Far
p, raone that would move him TO ope
fire, the attorney said. II was elaine
by Mr.. Chandler that the trigger wa
snapped by getting caught in the d,
fendant's clothing when, in his atteml
10 run away. he slipped on an embanl
ment. Mr.. Chandler admitted that Pc
sonti and Farraone had been 10 the OF
chard of Mr. Fersche and had gotte
peaches there.
Farraone. the first defense witne!
- called, testified that he did not obser'
Personti when the shot was fired al
said that he did not know how f;
away from him his companion was
the time. He is employed at the 81
verbrook cemetery.
Perscnti told the court that ne h;
worked for the Silverbrook Cemetel
Company since 1910. On the night
the shooting, he said, he was drur
and his memory was hazy concernir
u some oS the happenings. Il did n
have my right senses but If l sh
I did not do it Intentionally but d
1t trying to get up the bank TO z
away" he testified. He said he siipp
: and the trigger evidently caught
his clothing and snapped. He said
.. wanted to get away before the offic
y saw the gun.
j.. Frank White, Salvatore We
deramo, Giovanni Galvarese, Ale
ander Petrillo and Ljcoln White te
r tilted to Personti's previous gocd re
Is utation.. Mr.. Southerlan nd stated th