41 A. 134 (Del.O. & T. 1894), State v. Faino

Citation41 A. 134, 15 Del. 492
Opinion JudgeLORE, C. J.
Party NameTHE STATE v. MICHAEL FAINO
AttorneySalvatori Ververbino, being produced by the defendant, William S. Hilles and William Michael Byrne, for the defendant,
CourtCourt of Oyer and Terminer of Delaware

Page 134

41 A. 134 (Del.O. & T. 1894)

15 Del. 492

THE STATE

v.

MICHAEL FAINO

Court of Oyer and Terminer of Delaware, New Castle County

September Term 1894

New Castle County, September Term, 1894.

At a Court of Oyer and Terminer held in Wilmington on September 24, 1894, Michael Faino was indicted and tried for the crime of murder in the first degree for the felonious killing of Carlo Ruvo on the 20th of April, 1894.

The evidence adduced on the part of the State tended to show the following facts:

That on the evening of the 20th of April, between 8 and 9 o'clock, the prisoner was playing bagatelle in the public house, No. 105 Market street, with four comrades of his own nationality, one of whom, Carlo Ruvo, was the victim of the murder. While so engaged an altercation arose between the prisoner and the said Ruvo as to a shot which Faino had made; that opprobrious epithets were used by both men towards each other, but no blows were struck; that the game between the Italians was then interrupted by the son-in-law of the proprietor and the quarrel was stopped temporarily, but was afterwards renewed, and the said Italians were only kept from a combat by the proprietor of the saloon standing between them; that the prisoner was then turned toward the door, and at the desire of the proprietor walked out the door on Market street, going down towards Front street; that Ruvo and two of the Italians who had been engaged in the game of bagatelle remained in the saloon after the departure of Faino for about ten minutes; that they then went across Market street to No. 102, where one of their companions had gone at the beginning of the trouble between Faino and Ruvo, and asked him to go with them to No. 104 Market street for the purpose of playing a game of cards; that the four Italians went to No. 104, which was a candy, fruit and cigar store kept by Mrs. Mary Dezimone; that they obtained her consent to play a game of cards and repaired to the back room, which was separated from the front or store room by a partition about six feet high, which had a small window cut through it near the centre, and also a door, which was opposite the show window in the front room; that they seated themselves at a table directly opposite said door, Ruvo occupying the seat nearest the door and towards Market street; that they had dealt the cards and had made one play, when Faino entered the door quietly, came towards the back and right side of Ruvo, and with the expression, "Are you going to stop calling me bastard" (cornuto in the Italian language), struck Ruvo a blow in the neck with a dagger, the blade of which was about five or six inches long; that Ruvo jumped from his seat, whirled around, threw his hands against the face of Faino and both went down upon the floor, with Ruvo on top, falling against and overthrowing a table in the descent; that Ruvo was then seen bleeding and was approached by one of his companions and asked if he was hurt, but made no reply, only gasped and died almost instantly; that in the meantime the prisoner arose, went out through the door into the storeroom, mutter-"there is something wrong in here to-night," and he was then seen to throw the bloody knife or dagger under the projection of the bulk window in the front of the storeroom; that he then proceeded down Market street, across Market street bridge and along the marshes and fields to the uncovered bridge of the W. & N. Railroad, beyond which he was soon caught by a police officer and found to be covered with blood.

There was also testimony tending to show that about the time that Faino left for the saloon at 105 Market Street, someone was heard to enter the room where Faino lived at Front and West Streets, by an inmate of the house, and Faino was seen a few minutes thereafter by the same witness and another crossing West Street going down Front towards Market.

The witness, Mary Dezimone, also testified that when Faino approached her store he was coming up Market Street from the direction of Front, and that he looked through the show window before entering her store, and when asked by her what he wanted, made no reply, but went in through the store into the back room, where the game of cards was being played; and immediately thereafter she heard the crash of the dishes, and rushed into the room and found the men upon the floor.

The defence produced testimony showing that the prisoner had received a severe wound upon the top of the head many years ago in Italy by falling from the top of a stone...

To continue reading

Request your trial
1 practice notes
  • 41 A. 190 (Del.O. & T. 1893), State v. Warren
    • United States
    • Delaware Court of Oyer and Terminer of Delaware
    • Invalid date
    ...of the prisoner, such a doubt as compels you as conscientious men not to believe in his guilt, the doubt must inure to his acquittal. [15 Del. 492] With the consequences of your verdict to the prisoner and to his family, you have nothing to do. Your one duty is truly to find and by your ver......
1 cases
  • 41 A. 190 (Del.O. & T. 1893), State v. Warren
    • United States
    • Delaware Court of Oyer and Terminer of Delaware
    • Invalid date
    ...of the prisoner, such a doubt as compels you as conscientious men not to believe in his guilt, the doubt must inure to his acquittal. [15 Del. 492] With the consequences of your verdict to the prisoner and to his family, you have nothing to do. Your one duty is truly to find and by your ver......