Evening journal., 1922-11-22
convict HIM OF
SHOOTING BOYD

ttTcpnu SleNpeu INTO ine rays OF tn'
arc light with the gun pointing to
ward him. He testified that he mad'
a side-step in order to divert the di
rection OF the gun with his club
when it was discharged and he was
shot
Hearing OF testimony and argu.
ment OF counsel to that jury was
completed by o'clock yesterday
, afternoon. Judge Rodney then de-
ferring the charging Of the jury un-
IN this morning. Mr.. Chandler. In
his argument contended that the
assault was not one with murder
Gus intent and Deputy Attorney
General Clarence A. Southerland,
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.
al the request OF Mr. Southerland.
the scar OF the wound that he suf-
fered. Or. John Palmer who at
tended Boyd, showed XRay photo
graphs OF the wound. Had the shot
! struck about three-quarters of an
/ inch farther to the left il would
probably have proved fatal. the doc
tor said. About three-quarters OF
! an inch OF the police officers collar
bone was crushed to a pulp by the
shot, DR.. Palmer explained
Officer Boyd the first witness call
ed. testified that he saw Personti
and Far-aone while they were about
three blocks distant from him and
that he guaged his pace in order to
meet them under the arc light Al
Ford and Lancaster avenues When
he reached the light. he saw only
Fsrraone. he said, and. with his right /
hand on the bag. was auizzing him |
as 70 where and by what means he |
obtained the peaches when Personti I
appeared within the rays OF the light /
with the gun directed toward him. |
As he stepped 10 n side to knock |
the gun with his club. he was shot /
he said He fell to the ground and
started firing with his own revolver.
the officer testified.
In cross-examination by Mr..
Chandler. Boyd said that he did not
say anything to Farraone that would
arouse his and Personu's anger and
that he made no threats.
The shot marked and biood-sfaIn-
ed suspenders and uniform Of officer
Boyd were admitted as evidence.
DIR. Palmer said that the shot
struck Boyd IN downward course
The wound proper, he said. was
about the size OF silver dollar. but
pieces Of shot were scattered over a
large area OF the shoulder portion OF
he body. I
Detective Riley testified that he.
with Officer Lynch were detailed to
he case and going to the scene of
he shooting found Boyd lying on a
porch with his clothing. revolver.
blackjack and club covered with
blood. After they had been given a
description OF the asSailants OF the
officer, he said. he Lynch and others I,
went 10 Personti's home. 24O6 West
Second street. persOntl's clothing
was wet. he said, which disprovcd
the claim made by the man at the
time he had not been out Of the
house since II o'clock as il did not
start rsiping until about T. orlock.
Captain Of Detectives BENSON tes-
tihed 10 the finding by a boy Of the
shot gun In the grass near the scene
NJ the shooting. II contained one
loaded and one empty shell. he said.
The gun was admitted as evidence.
Personti made statement the .
lay following his arrest Captain
Benson said. in which ne claimed I
hat he did not Intentionally fire the {
run, hut that tho trigger caught in 5
MS clothing. Frightened. he ran =
md threw the gun away Personti
said in his statement according to 4
he detective-captain. Captain Ben \
ION testified that the defendant said Z
hat he was ten yards away from
he officer when the gun was acci-
lentally discharged. hut the witness
aid that in his experience with guns
shot gun Of the type used by Per- n
onti would not make as small h
wound as inflicted upon Boyd un- j
ess the charge was fired at a con d
idersbly closer range. g
August Fersche testified to the
act that peaches were stolen from =
lis trees late in the night of August =
6 or very early the following morn
ng.
In his opening to the jury. Mr. "
handler stated that Personti did =
ot fire the weapon. hut that il was
ccidentsly discharged; that he did h
rot take the gun to Kill hut merely @,
n protect himself and Farraone in n
ase they were attacked while pass h
ng the Baltimore and Ohio Rail-
Dad bridge which place they un-
erstood was dangerous to pass
;vidence would be produced to show
hat there was nothing that occurred
yhen the officer stopped Farraon
hat would move him to open fire
he attorney said. u was claimed
" Mr.. Chandler that the trigger
vas snapped by getting caught in
he defendants clothing when. In
his attempt to run away. he slipped
m an embankment. MIR. Chandler
admitted that Personti and Farra-
me had been to the orchard OF Mr.
Fersche and had gotten peaches
here.
Farraone. the first defense wit
ness called. testified that he did not
observe Personti when the shot was
ired and said that he did not know
now far away from him his com
oanion was at the time He is en-
oloyed at the Slverhrook cemetery.
Personti told the court that he has
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