Part I-The Trial of Femia and Delgiudice

North Olean History, The Trial of Femia and Delgudice--Part I
THE TRIAL of FEMIA and DELGIUDICE
The trial of Thomas Delgiudice, age 32 years of Olean and Frank Femia, age 32 of Olean, both charged with first -degree murder for the slaying of Joseph Scutella of Olean on September 14, 1927, opened in January 30, 1929. Supreme Justice Thomas H. Noonan presided over the trial. Should the defendants be found guilty of the first-degree murder charge, it was thought that the state would ask for the death penalty. By late afternoon only three jurors had been picked, Ralph Homes, a farmer of Farmerville, the fourth man to be examined and the first juror to be selected, William Carr, Little Valley, a farmer, was the second selection and was No. 6 on the calendar, and Harlan F. Penell, Great Valley, No. 8 on the calendar was the third to be chosen. By late Tuesday McKinley Robinson of Yorkshire, a farmer; Floyd Hoag, Franklinville, also a farmer; James Fitzpatrick, Ellicottville, a laborer; William Anderson, Randolph, a farmer; A. J. Lockwood, Hinsdale, a farmer; John McAndrews, Great Valley, a farmer; Bert Crampton, Perrysburg, a farmer; Claude Coffield, Salamanca, a merchant’ and Theodore Van Holt, Dayton, also a farmer were chosen as jurors.

When court adjourned on February 1, 1928, District Attorney Edward E. Kreiger of Salamanca proceeded with the opening of the prosecution to the selection jurymen. Different versions of the finding of Joseph Scutella, of the trip to the hospital and conversation previous to his death were brought by the cross examination of nine witnesses in the murder trial of Femia and Del Giudice. When court opened, the District Attorney placed Chief of Police John C. Dempsey on the stand. Chief Dempsey told of the finding of Scutella by a stranger who in passing the spot seen Scutella on September 14, 1927, on the banks of the Allegany River southwest of Allegany and notified the police. Scutella was nearly dead from numerous knife wounds, which lacerated his face and split his skull open, made, apparently, by a sharp instrument. Dempsey and Officer Amos Blakeslee hurried to the scene and Scutella was removed to the hospital.

Next Dr. J. A. Wintermantel took the stand and described the nature of the wounds and gave his version of how they were inflicted. He description tallied with that given by Chief Dempsey on the major points. Following the cross-examination of the man who occupied the bed next to Scutella in the Olean General Hospital, Sheriff E. W. Miller took the stand. The testimony of three nurses from the Hospital closed the morning session.

Court opened in the afternoon with the testimony of Mrs. Freda Felt, followed by John Grandusky of the local police force. His testimony was the same as offered by Dr. Wintermantel, Chief Dempsey and Sheriff Miller in substance. At three o'clock, Officer Ernest Fisher was on the stand. The defense attorneys conducted cross-examinations.

The trial was an outgrowth of an alleged vendetta thought to have been caused by Scutella’s part in the conviction of the murder trial of Joe Lioi. Scutella was one of the state witnesses who was responsible for Lioi's conviction. Scutella was said to have mentioned the names of Delguidice and Femia as his assailants just before his death.
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When the court opened on February 2nd, Mrs. Katherine Scutella, the widow of the murdered man, took the stand. Her testimony in response to the District Attorney kept the attention of the court until recess at noon and then for the greater part of the afternoon session. She described the fears of Scutella prior to his death. An objection made by the defense prevented her relating the confession of Scutella, which he was alleged to have made to his daughter, Mary, shortly before he died.

Mary Scutella was called after the defense waived the privilege of cross-examining the witness. Mary was alleged to have received the confession of her father while alone with him shortly before he died in the hospital. The substance of that confession was expected to be the basis on which the state would base its arguments in the prosecution. She took the stand shortly before three o'clock on Thursday afternoon. She told of the last minutes when she was alone with her father at his deathbed in the Olean General Hospital and related the confession he was alleged to have made in Italian to her. In her story of the confession in response to questions by District Attorney Kreiger, Mary described her father as leaving the home of James Capito about ten o'clock. They entered a sedan and drove to Allegany where they drank several bottles of beer, which were purchased by Femia. While they were in the car, Delguidice struck Scutella over the head with a bottle. He was then dragged down the riverbank and one of them cut off his ear. Scutella had asked to be taken to the hospital and pleaded to be let alone, but the men replied that they had to cut his ear off in order to show proof of having murdered him and get their pay. They then said that they had to kill him and stabbed him in the temple. Then they slit his skull with a knife according to Mary.

The next night, his family began to worry and Mary called Frank Femia at his home to see if he knew of the hereabouts of her father. He told her that he would come right over. It was then about six o'clock in the evening and he did not come down until about ten o'clock. He told them that he probably went out to some of his friends’ homes and had been drinking all night and that he would show up later. A stranger who was passing by found my father’s body the next morning. Father's dying words were, "If you are a true daughter, you'll get vengeance!"

When Femia was first arrested on a vagrancy charge, he was released because of lack of evidence. Mary, hearing of his release, went at once to the police station and said that they had released her father's murderer. He was later arrested in Bradford on her charges. It was brought out during the course of the cross-examination that there had been friendly relations between Miss Scutella and Femia. During that part of the cross-examination, the defendants appeared to brighten up. Most of the time, they appeared dejected and both chewed gum ferociously during practically all of the testimony. The trial this day was a battle of wits between Attorney Charles J. Margiotti, the lawyer for the defense, and Miss Scutella. Repeatedly, he attempted to destroy her evidence by cleverly phrased questions and repetitions.

The trial opened at 10:45 on Monday, February 6, 1928, with the placing of Mary Scutella on the witness stand by the District Attorney, for the second time and questioned relative to the places where the defendants had been employed for the past three years in an effort to build up some basis for an analysis of their habits. She was examined on the testimony that she had given on Friday.
The D. A. questioned her, "Did you ever go to the spot where your father's body was found?" Mary answered, "Yes"
D.A. Krieger- "Did your father ever tell you of three men?"- Mary's reply. "No."
D. A.-"Did you ask him the name of the fourth man. "- Mary, "No"
D.A.- "Did you tell the story you told the court of Officer Randall?"- Mary, "I don't remember."
D.A.- Who was the first person you told the whole story?"- Mary, "You."
D.A.- "How many blows did your father say he received?"- Mary. "Just one."
D.A. "You told us that there were no nurses present when your father told you the story?"- Mary, "None that I know of."
Krieger asked, "How many blows did your father say he received?" - Mary, "Just one."
Kreiger- "You told us that here were no nurses present when your father told you the story?"- Mary "None that I know of."
District Attorney Krieger then turned the witness over to Margiotti who then conducted a cross-examination of the witness. She refuted some of the evidence presented on Friday. A new angle in the case was brought out in statements relative to her connection with Joe Lioi who had been convicted of second degree murder in connection with the death of John Barber of Olean. Mary was engaged to Lioi, the evidence showed. A brief summary of his trial and the shooting of Barber were brought out during the cross-examination. It was stated that the year before the murder, someone shot at Joe Scutella through the window in his home. Mary denied any knowledge of the affair. She was asked who took her and her mother home Friday after the trial and who brought them to Little Valley today. To both questions, she replied, “Al Ritchie.”
Attorney Margiotti concentrated virtually all of his efforts on the breaking down of evidence presented Friday by the attractive daughter of the murdered man. After apparently contradicting herself, Mary resorted to the answer, "I don't remember, " to most of the rapid-fire questions fired at her by Attorney Margiotti. A battle of wits raged all day Monday between the pretty eighteen year old Mary Scutella and the short mature lawyer with the latter winning most of the points.
Marigotti- "You say now that your father did not tell you that three men took him down the bank?" Mary, "I may have."
Margiotti- "Answer yes or no. Mary, "I don't know."
Margiotti, "you tell me now why you didn't tell the officers of Delguidice's hitting him, about the cutting off of your father's ear etc." Mary, "I don't remember."
Margiotti, "Didn't you say that you told the story to Mr. Nevins?"?" Mary, "I don't remember."
Margiotti, "You say that you told this story to the District Attorney?" Mary, "I don't remember."
Margiotti, "How many times did the District Attorney come to your home?" Mary, "four times."
Margiotti, Was Al Ritchie there?" Mary, No, not until the third time."
Margiotti, "Was he always alone?" Mary, "Yes, until the third time."
Margiotti, " Tell the court, the number of times Sheriff Miller and Chief Dempsey came to your home, did you ever tell them the story that you told the jury about your father's death bed declaration?" Mary, "No."
Margiotti, "In speaking of lovers, a certain Lioi was mentioned. He stayed at your home four or five days. Was he your sweetheart?" Mary, "Why-yes."
Margiotti, "And Mary, speaking of trouble that you had at your house." Mary, "None that I know of."
Margiotti, "About a year before your father died, didn't someone shoot at your father through a window?" Mary, "No."
Margiotti, "One more question. Who took you away from the court Friday?" Mary, "Al Ritchie."
Margiotti, "And who brought you here today?" Mary, "The same man."
Margiotti, "That's all."

The defense for Delgiudice then took up the cross-examination. Attorney Hornburg unfolded the story of the meeting of Mary and Thomas Delgiudice.
Hornburg, "You said last Friday that your father told you that three men carried him down the bank. Now, today, you correct it all and can't remember."

The courtroom was filled to capacity and overflowing. The majority of the spectators were women--young and attractive for the most part--and evidently deriving intense pleasure from the drama that was slowly being unfolded before their eyes. Unable to await the natural outcome of affairs, several of the most interested were heard discussing the weight of each point presented and making whispered predictions as to the probable outcome of the legal conflict.

The state seemed to be fighting a losing battle with the gradual breaking down of Mary's testimony by the defense counsels. Several other witnesses for the prosecution were yet to be placed on the stand and it was possible that the crucial moment had not arrive. E. C. Hornburg, attorney for Thomas Delgiudice, next cross-examined Mary. In answer to his questions, she denied any knowledge of the booze party she described during her testimony Friday. She explained that she must have been excited when she made the statement and declared that there was not truth in it.
Mrs. Scutella was then placed on the stand and questioned by the District Attorney and cross-examined by the defense lawyers. Her evidence corroborated that of her daughter. All of these statements had to be interpreted by a professional interpreter. When court reconvened at two o'clock that afternoon, Mrs. Scutella was again placed on the stand. She was followed by John Randall an Olean detective, who described the finding of Scutella's body on the bank of the Allegany River. Both attorneys for the defense conducted a short cross examination.

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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