Part III-Trial of Femia and Delguidce

North Olean History, The Trial of Femia and Delgudice--Part III
THE TRIAL of FEMIA and DELGIUDICE
The State called it second principal witness, Mike Russo, for the first time on Monday. He told of seeing Delguidice and Femia in an automobile leaving the Ideal Garage with Femia at the wheel and Delgiudice, a passenger.
Margiotti, "Didn't Albert Ritchie offer you $1,000 to kill Femia?"- Russo, "No."
Marigotti, "Didn't Femia and another man come to your house and you told them Albert Ritchie offered you $1,000 to commit a murder, and didn't Frank Femia say, "you are afraid. Why didn't you take the $1,000 and we would divide the money?'" Russo, "No." Mike Russo was still on the stand at three o'clock, and the District Attorney did not complete the examination at that hour.
Mary Monaco also testified that she saw Frank Femia on the morning that Scutella's body was found and that Femia said "Good Morning," and asked if she saw Joe. She gave the hour as six-thirty o'clock.
John Rotundo also testified that it was early in the morning on the same day that Scutella's body was found that he had seen Femia.
Clarence Duffy, mail carrier, was placed on the witness stand.
Following recess, Ernest Izzo, tailor, was called next. He testified that he knew Frank Femia for about a year. On September 13, he dry-cleaned a suit for Femia. It was a light grey checkered suit. Femia brought it to the shop about eleven o'clock, he said. Mr. Izzo stated that he thought it was about three weeks later that Femia called and got the suit.
Charles Colotta, fruit stand proprietor who operated a stand in the Pezzimenti Meat Market, testified that he knew Femia.
Louis B. Freeman, salesman at the Ideal Garage, testified that Mike Russo purchased a car from him last September. He was still being questioned when court adjourned.

Court opened on Tuesday, February 7th, with Mrs. Scutella on the stand, called by the D.A. He questioned her as to the relations between Frank Femia and her daughter. The point that Joe Scutella warned Femia to keep away from his daughter was brought out again. The state asked the reason for the warning and Mrs. Scutella explained that Femia persisted in following Mary to school and tried to get her to enter his automobile. She also stated that on the night Scutella was murdered, she sat up all night and waited for him. She corroborated to a great extent the story of Mary, her daughter.
Margiotti then took up the cross-examination. He asked her if she had heard an automobile stop in front of the house. To which Mrs. Scutella replied, "No." He then questioned, "If you had been standing in front of the store and was talking loud enough for a deaf man to hear what you said across the street, do you mean to say that you could not hear in the house? The woman replied, "I don't know." The court then adjourned for noon recess and the trial reconvened at two o'clock.
Considerable time was spent by both the District Attorney and the defense counsels on where Scutella was employed since the Pennsylvania Railroad strike while Mrs. Scutella was on the stand. When he was killed Scutella was in the employ of the Acme Glass Company, it was pointed out. It was also stated that during the past two years, he worked on several occasions on different oil leases. Attorney Margiotti questioned Mrs. Scutella extensively with reference to her husband's habits.
Defense Attorney Hornburg then took over the cross-examination. He brought out the fact that Mrs. Scutella had been receiving help from the County in the amount of $15 per month and $3 per week from the city of Olean. Mrs. Scutella affirmed the facts. He then asked, "Did you know that your husband tried to buy a $7,000 property shortly before he died?" To which she replied, "No." Atty. Hornburg then rested.
Under Sheriff Frank Annis, was questioned relative to the arrest of Femia.
Mary Scutella was again recalled and Margiotti questioned her relative to difficulties with Femia. She testified that on several occasions, he followed her to school and tried to get her into his automobile. Margiottti asked, "How many times did he follow you?" Mary replied, "Several times." To which the question was asked, "Why did he follow you?" Mary stated, "He tried to get me to elope with him.
The state then recalled Miss Carney and Miss Miechie, nurses at the Olean General Hospital, and questioned them relative to the death of Scutella. Margiotti made several attempts to introduce new evidence that would disprove the death bed statement claimed to have been made by Mary.
Chief Dempsey and Officer Grandusky were recalled and testified the same as they did the previous week relative to the finding of the body.
Former Sheriff Knight testified as to the arrest of Femia in Bradford. It had been brought out that Femia made no attempt to resist the officer but waived extradition rights.
The people rested at 12:25 p.m. Margiotti then entered a motion that his defendant, Femia, be dismissed on the grounds that insufficient evidence had been introduced. Justice Noonan denied the motion.
Hornburg then made a motion that Delguidice be dismissed on the ground that insufficient facts had been introduced and objected to the double trail. Justice Noonan overruled the objection and the motion for dismissal was denied.
At 12:30, Margiotti introduced the first witness for the defense in Philip Riley, night watchman for the Standard Oil Company, about a block and a half from Scutella's home. About a year ago in April of 1927, Riley related, Scutella came into the office while on he (Riley) was on duty with his face covered with blood. He had three wounds; one on his scalp, one on his cheek and one on his neck. Each was a gun graze. Scutella told of seven shots having been fired at him. Shortly before, the police had called Riley and inquired relative to gunshots in that vicinity. Riley had not heard them. When Scutella came in, Riley phoned the police. Later, Joe Scutella visited Riley, the latter testified, and said that his life was in danger. He said that a man had come to his house and threatened to kill him.
Margiotti rested his examination and court adjourned at 12:45 for lunch.
Another link in the prosecution of Frank Femia and Thomas Del Giudice was shattered when Dr. J. A. Wintermantel testified Tuesday that it was contrary to medical knowledge that Scutella was responsible for statements he might have made shortly before he died. Attorney Margiotti and counsel for Frank Femia called Dr. Wintermantel to the stand. He testified that a man injured in the manner Scutella was injured was not mentally responsible for what he does but that he was rather in a state of semi-coma which gradually gives way to total unconsciousness.
Joe Valentino was brought from jail at Smethport. He had been sentenced on October 3rd on a liquor violation charge. He testified to a card game with Thomas Delgiudice and said that he scratched Thomas' face. He said that they had been drinking. He also stated that he sold a poolroom he owned to Frank Femia while in jail.
At 4:15 o'clock, Thomas Del Giudice was called to the stand in his own defense. Attorney Hornburg, his counsel, conducted the questioning.
Hornburg, "where is your home?"- Delgiudice, "Limestone."
Hornburg, "How old are you?'- Delgiudice, "thirty-two, I was born on January 11."
Hornburg, "Where were you born?" - Delgiudice," Italy."
Delgiudice explained that he went from Paterson, N.J. to Buffalo as a silk mill worker, He served in the World War as a first class private and was given a honorable discharge with character recommendation. His discharge papers were exhibited. From Buffalo, he went to Bradford and from there to Limestone where he has lived for the past four years. He was fined twice $500 and sentenced to three months in jail for bootlegging. The questioning continued.
Hornburg, "Did you know Joe Scutella?" - Delgiudice, "Yes."
Hornburg, "How long did you know him?"- Delgiudice, "About seven weeks."
Hornburg, "Where did you meet him?"- Delgiudice, "In Olean."
Hornberg, "Where did you meet Frank Femia?"- Delgiudice, "Scutella introduced me to him."
Hornburg," Shortly after that did you meet Frank Femia?'- Delgiudice, "Yes, I did. Joe Scutella introduced us in a lunch car. Frank asked me if I has ever spoken to him on the street and I replied "No." Delgiudice also stated that Joe Coffey was with him in Bradford the night Scutella was missing and they went to the Bay State after a show and had lunch about eleven o'clock. They were in the Bay State fifteen or twenty minutes, Delgiudice testified, and then he went home with Coffey.
Hornburg, "Were you in Olean on the night of September 13?" Delgiudice, "No."
Hornburg, "Was your car in Olean either that night or the next day?" - Delgiudice, "No, I had my car right as home with me."
Hornburg, "What time did you come to Olean?"- Delgiudice, "About noon on the day Scutella was found."
Hornburg, "Where did you go?"- Delgiudice, "Down to Guy Ross."
Hornburg, "What did you go to Ross' for?"- Delgiudice, "He is a friend of mine, I wanted to see him."
Hornburg, Where did you find out about Joe Scutella?"- Delgiudice, I met Frank Femia and he told me."
Hornburg, "And then you went to Scutella's?" - Delgiudice, "Yes." He then told of seeing Mrs. Scutella and expressing his sorrow over the death of her husband.
Hornburg, "Were you riding in a car that night with Frank Femia?" _Delgiudice, "No."
Hornburg, "Were you riding with Frank Femia on Union Street in his car the next day?" - Delgiudice, "No, I always have my own car."
Hornburg, "Did you strike Joe Scutella over the head?" Delgiudice, "No. Why should I? He was a friend of mine."
Hornburg, "Did you have anything to do with the death of this man at all?" Delgiudice laughed. "Why no! He was a friend of mine. I know nothing about it."

Court adjourned at five thirty p.m. The case reconvened at ten o'clock on February 8th, with Delgiudice on the stand. He was crossed examined by District Attorney Kreiger.
Kreiger, "On the night Joe Scutella was killed, you say you and Joe Coffey went to a show in Bradford. What time did you go?" - Delgiudice, "About eight o'clock."
Kreiger, “Whose car did you drive?”- Delgiudice," Coffey's"
Kreiger, "What kind of a car?"- DelGiudice, "A Dodge coupe."
Kreiger, "Where was your car?" - Delgiudice, "In the back yard. There was something wrong with it. It would not run."
Kreiger, "What theatre did you go to?" - Delgiudice, "Shea's on Mechanic street."
Kreiger, "What was the picture?" - Delgiudice, "The Big Parade."
Kreiger, "Don't you know that The Big Parade wasn't playing in Bradford that week?" Delgiudice,"Yes it was."
Kreiger, "Are you sure?" - Delgiudice, "Yes."
Kreiger, "You say you went to the Bay State and had lunch after the show?' - Delgiudice, "Yes."
Kreiger, "You say you ate a roast beef sandwich and drank a glass of milk?' - Delgiudice, "Yes."
Kreiger, "What did Coffey have?" - Delgiudice, "I don't know."
Kreiger, "Do you know a man by the name of Sacco?" - Delgiudice, "Yes."
Kreiger, "You're sure you went to the show on the night of the twelfth?" - Delgiudice, "Yes."
Krieger, "Where were you on the night of the thirteenth?" - Delgiudice, "Riding around in Bradford."
Krieger, "Where were did you go?" - Delgiudice,"To Gargonas'."
Kreiger, "Where were you on the night of the fourteenth?" - Delgiudice,"In Bradford and Limestone."
Kreiger, "Do you remember where you went?" - Delgiudice,"I can't remember."
Kreiger, "But you expect to be in trouble on Monday night and that is why you can remember what you did on that night and not on the two nights after?'
Delgiudice, "I never expected to be in this kind of trouble."

Joe Coffey, Delgiudice's partner at Limestone was next placed on the stand and questioned for more than on hour with reference to matters pertaining to Delguidice's character. It was brought out that they were engaged in the bootlegging business and that he had lived with different women there. Coffey corroborated Delgiudice's story relative to the show in Bradford and the lunch afterward and Delgiudice staying with him that night. District Attorney Kreiger brought out, through the questioning, that in Coffey, Delgiudice was associating with a questionable character.
Four witnesses from Limestone were introduced to bring out the character of Delgiudice and Coffey. They were Edward M. Sweet, Herbert Dempsey, William Lee and John E. Garen.
Max Tinklepaugh, proprietor of the Palace Laundry, Olean, was next placed on the stand to verify Delgiudice's story that they had stopped at the laundry to get a package for two girls.
The court adjourned for noon recess at 12:35 p.m.

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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