Part IV Trial of Femia & Delgiudice

North Olean History, The Trial of Femia and Delgudice--Part IV
THE TRIAL of FEMIA and DELGIUDICE
Attorney Charles J. Margiotti declared on February 10, 1928, in presenting his arguments, "Gentlemen of the Jury, You must, of necessity, eliminate motive and flight from the basis of your decision on the guilt or innocence of Frank Femia.
Previous to Margiotti's plea, Attorney E. C. Hornburg, counsel for Thomas Delgudice, presented his arguments. Much of the dramatic was injected into the plea by Hornburg. He outlined the course taken by the evidence. He pointed out that there was virtually no connection between the evidence presented and the defendant.
Margiotti opened with a reference to the able argument presented by Hornburg and asked the jury how they expected to connect the defendants with the slaying of Scutella. "There are three ways," he said in answer to his question. "Motive, flight, and the deathbed declaration." He pointed out that Femia was charged with having plotted the death of Scutella with Joe Barber as a revenge for the death of John Barber. "Femia was not in Olean at that time and there is nothing to incriminate him," declared the attorney. Speaking about the love affair, Margiotti stated that it had been definitely brought out during the trial that Mary Scutella had asked Femia for the ring. "There has been nothing brought out, however, that abut a week before Scutella was killed, Femia accompanied Mary and her father to a bank and paid the interest on her father's note. There is no question but that friendship existed between Scutella and Femia,"
Margiotti spoke at considerable length of the testimony given by Chief Dempsey and other members of the Olean Police Department with reference to Femia's good reputation. "It is quite evident that the people have failed to show a motive that would point to Femia." He brought out the point that in 1914 Scutella was sentenced to a term of from two to four years in the penitentiary at Auburn for slashing another. He also reminded the jury that Scutella was later cut in a questionable encounter. The testimony by Chief Dempsey that Scutella had so many enemies that it would have taken an arsenal to have protected him, was also recalled. The affair of Scutella having been shot at through a window in his own home was also mentioned.
"Femia was the first one called after Scutella was missing by Mrs. Scutella," said the attorney. "That alone, would indicate that he was a friend of the family. He pointed out that the night Joe Scutella was seen last, he said he was going to the hospital to see a sick friend. He didn't go to the hospital, reviewed Margiotti, but went to the home of Mike Abate. From Abates' home, Scutella and Abate went to the home of James Capito where they indulged in some wine. They left Capito's home together. A month later Capito was killed. "There is more reason to suspect the members of the Capito family and Mike Abate's than there is Femia," declared the attorney. He also pointed out that the night Femia was called by Mrs. Scutella, he had told the owner of the Arion, where he was staying, that he intended to go to Kane the next day. He told of Femia's postponing the trip one-day because of the call from Mrs. Scutella.
Margiotti than reviewed the movements of Femia to Kane, Bradford, and back to Olean. "You cannot but eliminate motives and flight from the premises of your reasoning," he explained. He told of the finding of Scutella's body on the banks of the Allegany River near the Town of Allegany; of the removal of Scutella to the Olean General Hospital. He recalled the reported statement by Scutella to the effect that Femia did not hurt him. He told of Chief Dempsey having been with Scutella until nearly three o'clock on the day he died. He mentioned the testimony by the nurse who had cared for him at the hospital who stated that Scutella lapsed into unconsciousness between two and two thirty o'clock. He questioned the possibility of the deathbed declaration supposedly having been given to Mary. He pointed out the character inferences against Al Ritchie as made by several witnesses, especially Attorney Nevins' warning to Mary
Court adjourned until 1:45p.m.

Attorney E. C. Hornburg played his trump card that Thursday afternoon, when he called Attorney Henry P. Nevins of Olean to the witness stand in the trial. Nevins testified that Mary Scutella and Patsy Battista came into his office. Mary had a three or four page letter with her, he stated. "She gave it to me and said she was going to give it to the newspapers but wanted me to see it first. I looked it over and advised her not to publish any such thing. I then asked Ritchie and Battista to go out into my outer office. "Mary told me all abut her father and about whom killed her father. I told her to tell District Attorney Krieger at once. "The paper was a tirade against the Sheriff's department and against the District Attorney's office,"

When crossed examined by Attorney Margiotti, Nevins stated that he told Mary, "You're wrong about Ritchie. He's a bad man. He isn't a person that you or your sister should associate with," he testified as having told Mary. She replied that, "Papa 'told me that he was my friend." I wouldn't permit Mary to tell of her father's deathbed declaration but told her to go at once to the District Attorney and tell him.

District Attorney Edward E. Krieger began to sum up his case from three to five p.m on February 11th following the plea by Attorney Charles J. Margiotti. He pointed out that there was no reasonable doubt but that the defendants were guilty of the crime with which they were charged, namely, the murder of Joseph Scutella on September 14, 1927. He reviewed the finding of Scutella’s body on the bank of the Allegany River near the town of Allegany, the removal of the body to the Olean General Hospital and the death of Scutella. In discussing the quarrel between the attorneys relative to Al Ritchie, Krieger pointed out that the attorneys were attacking an employee of the District Attorney's office. "There had not been a great deal of proof so far as motive is concerned," declared the District Attorney," it is not necessary. There had been motive enough shown, however, to make Femia and Delgudice the agents of those who desired Joseph Scutella's life."

He pointed out that Scutella had been the victim of attacks since 1911. One connection of Delgudice, he pointed out, was Midgi's--Delgudice--association with a house near the home of Scutella. He further emphasized that when in Olean, Delgudice did not work. He mentioned the party at Joe Scutella's for Midgi given by Joe and Mrs. Scutella after which they practically drove him out of their home and he never entered it again. Krieger dwelt on Femia’s unwelcome attentions to Mary, the daughter, at considerable length. He emphasized that the one thing Scutella insisted on was to take care of his family.

During the entire presentation by the District Attorney, the largest crowd that ever assembled in the Little Valley courtroom hung onto each word and maintained absolute silence. The fact that Joe Scutella had made enemies by harboring Lioi, who was later convicted of the murder of John Barber, was pointed out. "When Joe died, Femia ceased his hypocritical interest in the Scutella family," he charged. The grudge between Scutella and Femia started when Scutella failed to go Femia's bail, when the latter was in jail for arson. (The burning of the Roma Restaurant on May 15, 1927, building owned by Joseph Leuzzi). He reviewed carefully the actions of Femia from the time he left Olean until he was arrested on December 29 in Bradford by Detective Fairbanks who had been in possession of a warrant for Femia's arrest since December 9. The presence of the warrant, Krieger emphasized, gave mute evidence that Femia had not been in Bradford.
There was no pretense on the part of Mrs. Scutella and Mary that they had talked for fifteen minutes with Joe in getting the deathbed declaration. The testimony on the declaration through the interpreter had to be translated from Italian to English and many minor details may have escaped the two witnesses. With reference to the great secrecy in connection with the Olean Police, Krieger pointed out that with such serious evidence, it was but natural that Mary should seek the District Attorney first. The reason that Joseph Scutella refused to tell who attacked him when first questioned was because he expected to recover. Once before his head had nearly been severed in a brawl and he had recovered and got vengeance for himself. When he saw that death was inevitable, he selected the one nearest and dearest to tell, his daughter Mary, the District Attorney said. District Attorney Krieger presented an able argument but was fighting against hopeless odds. That his words were effective was proven by the fact that the jury took more than three hours deliberation to reach an agreement.

A verdict of "Not Guilty" was returned at 8:27 p.m on Friday night in the case of Thomas Delgudice and Frank Femia. The jury was out three hours and seven minutes. Justice Thomas H. Noonan charged the jury at 5:20 p.m. giving the alternative of murder in the first or second degree, voluntary manslaughter, or acquittal.
Both Femia and Delgudice were overjoyed at the announcement of freedom and moved to a position in front of the Justice where each raised his right hand and declared:
“Judge, I swear I had nothing to do with the murder of Joseph Scutella. I know nothing about it."
Justice Noonan replied, “That is all right. The jury has found you not guilty."
Immediately following the returning of the verdict by the jury, the packed courtroom became suddenly alive and there arose such a furor from the clapping of hands that Justice Noonan was compelled to restore silence in order to proceed with the dismissal of the erstwhile prisoners. Friends congratulated Femia and Delgudice on their deliverance from the charge and it was not until nearly nine o'clock that the room was emptied.

Murder of Joseph Scutella
The Trial of Femia and Delgiudice
Part I | Part II | Part III | Part IV
Murder of Frank Femia

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