Police Hold Man After Cutting Affray Wednesday

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John Martello, fifty-one years old,

529 North Seventh Street Olean, New York, is being detained by local police today on an open charge. His arrest followed an alleged stabbing affray in a Connell Street tavern, Wednesday Night.

John Joy, who police say was the victim of three knife cuts inflicted by Martello, is in the Olean General Hospital suffering cuts to the forehead, and upper and lower parts of the chest.

Police, after the seizure of Martello, an hour after the alleged fracas, said that the knife used in the slashing was a penknife. None of the cuts penetrated deep into the flesh. Joy's condition was reported as favorable today and attending physicians indicated he would recover.

Martello, according to police said when arrested that the cuts were made in self- defense following an argument between Joy and himself. The arrest was made by Officers Bertram Shearer and Wilford Clancy.

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November 23, 1940 (Olean Times Herald, pg.3)

Martello Held for Grand Jury

John O. Martello, of 529 NorthSeventh Street, charged with the fatal Stabbing of John Joy, Sr., Hinsdale Road, during an altercation in a Connell Street Tavern the night of October 22, was ordered held for the [Grany] Jury By Police Judge William L. McDermott this morning in Police Court.

Martello is charged with first degree manslaughter, Joy succumbed November 14, in Olean General Hospital.

District Attorney A. Edward Kreiger, conducted the State's case at the hearing this morning. G. Sydney Shane of Salamanca and Nicholas J. Rogers were the defendant's attorneys.
 
 

Witnesses heard during the hearing were Dr. Francis P. Keefe, who attended Joy at the hospital; Mrs. Anna Lazar, [properietor] of the Connell Street Tavern where the alleged stabbing is said to have occurred; and Officer Bertram Shearer.

Martello's bail was continued at $5,000 by Judge McDermott.

(Words in Brackets are word misspelled in paper clipping)

Olean Times Herald - Wednesday, January 29, 1941 - Page Three

JURY, Declares Martello Guilty of Manslaughter 

Verdict Returned at 3:25; 

Olean Man Faces Ten to Twenty Year Sentence

BULLETIN: LITTLE VALLEY -A Cattaraugus County Jury of eleven men and one woman returned a verdict of "guilty as charged" in the first -degree manslaughter trial of John Martello, of Olean, in court here this afternoon.

The jury reported its verdict at three twenty-five o'clock, after deliberating about four hours. The case had gone to the jury at eleven-seventeen o'clock this morning after the charge by County Judge Orla E. Black.

Under the law, Martello can receive a maximum sentence of from ten to twenty years.

Sentence will be imposed by Judge Black, in court here Monday morning, February 3, at ten o'clock

Until that time, Judge Black canceled Martello's bond of $7500 and had him remanded to the custody of Sheriff Morgan L. Sigel.

LITTLE VALLEY - Following the charge of Judge Orla E. Black, a county court jury of eleven men and one woman began deliberating evidence given by twenty-one witnesses in the first degree manslaughter trial of John Martello, fifty, of Olean, at eleven-seventeen o'clock this morning. Summary arguments by counsel were concluded Tuesday afternoon, and the last of the long procession of witnesses had filed off the stand by mid-afternoon Tuesday.

Martello has been on trial since Monday, accused of stabbing John Joy on the evening of October 23, and that when the wounds inflicted by Martello became infected, Joy subsequently died in Olean General Hospital on November 14. (1940)

Of twenty witnesses called by the people only one gave eye testimony of a fight in which Martello was aggressor, and that testimony came from Ludwig Piechota, Olean.

Another state witness, Chester Cygan, Olean, stated that Joy had been the aggressor, for which testimony he faces grand jury investigation for perjury. District Attorney A. Edward Krieger stated categorically Tuesday evening. 

A lone witness for the defense Mrs. Bernice Kuzak of Olean, gave a purported eyewitness account of the fight's beginning and asserted that Joy hurled a beer glass at Martello, which stuck the defendant and knocked him down.

Thus from the tangled skeins of conflicting accounts, a jury today sought to find where the truth lies, and say from it whether Martello is to re-join his wife and family of ten children, or shall appear for sentence before Judge Black.

KRIEGER REST CASE

When County Prosecutor Krieger rested his case about three o'clock Tuesday, Chief Defense Counsel G. Sydney Shane asked for a dismisal of the indictment on the grounds the people had failed to prove an affirmative case. He renewed his motion for a mis-trial, reviewing his previous contention that Judge Black had prejudiced the jury. Following testimony of Chester Cygan, which Mr. Krieger claimed was contradictory to testimony the witness has given before the grand jury, Judge Black said the matter of Cygan's testimony should be presented to the grand jury. Both motions were denied by the court. 

Mr. Shane then called Mrs. Kuzak, who said she had entered the Lazaar Restaurant at West Connell Street in Olean a few minutes before nine o'clock on the evening in question.

She was with a friend, Miss Deede of Pennsylvania, and her own infant son. While they were there, Mrs. Kuzak stated an argument started at the bar. 

Mrs. Kuzak said she saw a beer glass fly in her direction, and quickly pulled her son down and ducked her own head to let the missile fly past. When she looked up again, Martello was down on the floor and getting up on one knee. She saw three men holding Joy, and she affirmed several times for Mr. Shane that there was no blood on Joy's face at that time. 

Under savage cross-examination by the county prosecutor, Mrs. Kuzak went over the main facts of her testimony again.

DEFENSE SUMMARY

Defense summary argument by Mr. Shane, who has been associated with Nicholas J. Rogers of Olean in Martello's behalf, stressed that of three witnesses who claim to have seen the argument and the aggressor and blows passed, two said Joy was the aggressor and one said Martello was the first to strike.

He commented on the fact every witness who touched the point agreed that men surrounded Joy and held him back, which was what men did to the man who was starting trouble.

Ludwig Piechota, who had testified that Martello stuck first, Mr. Shane said that he was evidently confused, because Piechota had placed Mike Abate between the two belligerents at a time when Abate testified he was not in the room. 

Mr. Krieger devoted much of his summation to Mrs. Kuzak and referred to her as being uneasy on the stand, and asked the jury to believe she was lying. Of the defense contention that Joy had died in the hospital from pneumonia, Mr. Krieger asked why the defense had not brought in hospital records to prove that theory.

He referred to the testimony of Mr. Piechota as that of man obviously trying to tell just what he saw, and explained Piechota's confusion under cross-examination as due to unfamiliarity with the English language.

PIECHOTA TESTIFIES

First witness for the people to link Martello with the knife wounds on John Joy, which the state contends resulted in Joy's death, came Tuesday morning from Ludwig Piechota, Olean, who described in halting English his version of the affray.

"I didn't see nothing until I see Martello hit John Joy, over the head with a beer mug." Piechota said under direct examination by the county prosecutor.

"Somebody grabbed Joy," the witness continued, "and held him. Don't know who it was - a big fellow. And then Martello go after him four times with his hand, couldn't see anything in his hand."

"Did you see Joy strike Martello?" the county examiner asked. "No." replied Piechota.

The witness said Martello left Lazaar restaurant right after the fight. Immediately afterward Joy said "He got me."

G. Sydney Shane on cross-examination went into the relative positions of the three men at the bar. Mr. Piechota told him that Joy was at the end of the bar, Mike Abate was next and that the defendant, Martello stood next in line.

Seated at a table a few feet away, the witness said he saw Martello pick up a beer scooner from the bar, and hurled it in front of Abate, striking Joy in the forehead.

Previous testimony of Mike Abate referred to in earlier testimony as "sheepcoat" by reason of his having worn a sheepskin coat, was that he had seen no trouble, nor any fighting.

WITNESS EXCUSED

Helen Luzaar Butinski called as the state's fourteenth witness, was immediately excused when her testimony disclosed that she had been tending bar in her mother's restaurant early in the evening, but had left at six-twenty o'clock.

Olean Police Officer Bertram A. Shearer told of coming to the restaurant in response to a radio call from headquarters at nine-twenty-five o'clock P.M., October 23. When he arrived John Joy, was there but Martello was not there, Officer Shearer said.

He observed that Joy had a wound on his forehead and was bleeding from two wounds in his left side. Officer Shearer took Joy to the Olean General Hospital.

This is the transcript of the trial: 

"Jan. 27, 1941

County Court Hon. Orla E. Black, County Judge, Presiding

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The People A.E. Krieger, Dist. Atty.

vs.

John Martello Nicholas Rogers 

G. S. Shane, Deft's Attys.

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The above named defendant and his counsel being present in court the District Attorney moves the trial of John Martello the above named defendant under Indictment No 40 - 52 charging the crime of Manslaughter in the 1st Degree.

IT IS ORDERED: that a jury be empanelled and that the same proceed to trial.
 
 
 

The Jury was duly sworn.

By direction of the Court this entry is made in the minutes to the Court, that the trial of this case is likely to be a protracted one and the Court in its discretion directs the calling of two alternate Jurors agter the Jury is empanelled and sworn

Alternate Jurors

Florence Bradley, Harry France

The Alternate jurors were duly sworn

Witness for the People 

Dr. John F. Kane 

Dr. Francis P. Keefe 

The Court admonishes the Jury according to law short recess 

Court convenes

Leroy Oakley 

Alexander Maluski, sworn as Interpreter

Mrs. Anna Lazaar

John Graham

John J. Murdejia 

Henry Krakat

The Court admonished the Jury accoriding to law.

Adjourns to Jan. 28, 1941, 10.00 A.M.

Jan. 28, 1941, 10.00 A.M. Court Convenes

Witnesses for Defense 

Bernicce Kuzak

The Court admonishes the Jury according to law

short recess

Court Convenes

Andrew Martin

Mary Elinski

Charles Cygan

The defendant moves for a mistrial on certain grounds stated to the Court. Motion Denied

Rosario Abate

Joseph Micek

Ludwik Piechota

Helen Butinski

Bertram Shearer

John C. Dempsey

The Court admonishes the Jury according to law and takes a recess to 1.45 P.M.

1.45 P.M. Court Convenes

Milo Belves

Ralph E. Robinson

Albert L Hall 

Dr. William Wellbrock 

People Rest

The defendant moves to dismiss the indictment on certain grounds stated to the Court. Motion Denied.

People Re-Open 

A bottle and its contents offered in evidence

People Rest 

Peoples Re-Buttal 

Celia Duke sworn as Interpreter 

Mrs. Anna Lazaar (rec)

Andrew Martin (rec) 

Mary Elinski (rec)

Joseph Micek (rec) 

Ludwik Piechota (rec)

People Rest

Evidence Closed

The case is summed up, the court admonishes the Jury according to law and adjourns to Jan. 29, 1941 at 10.00 A.M.

Jan. 29, 1941, 10.00 A.M. court convenes.

The Jury is charged and retire for deliberation at 11.18 A.M. in charge of two Court attendants, A.S. Austin and Katherine Waite who were duly sworn. and upon returning into court at 3.23 P.M. render a verdict as Follows: We find the defendant John Martello guilty of Manslaughter in the 1st Degree as charged in the indictment. It appearing by evidence satisfactory to the Court that the defendants true name is Giacome Martellucci, at this juncture the District Attorney moves to amend the Indictment to read Giacome Martellucci in stead of John Martello. Motion Granted.

The defendant is by occupation a laborer, 50 years old, was born in Italy in the Province of Rome, last resided at 529 N. 7th Street in Olean, NY, is a citizen of the U.S., and has the equivalent of the 4th Grade in Common School in Education, is married, of the Roman Catholic faith, his parents are dead. he is of temperate habits, uses no drugs and has before been convicted of crime as follow:

11/1/32, Olean Police Court, Assault 3d Degree

8/15/34, Olean Police Court, Assault 3d Degree

The defendant does not waive the time provided by the statute be fore the imposition of sentence. The Court fixes Feb. 3, 1941 at 10. A.M. as the date for sentence. The defendant's attorneys move to reserve the right to make any motions at that time. Motion Granted. 

Feb. 3d, 1941

The defendant and his attorneys appear before the Court. The Defendant's Attorneys move for a new trial on certain grounds stated to the Court. The motion is denied.

This day being the date fixed for the imposition of sentence upon the Defendant, the defendant is asked by the Clerk of the Court if he had any legal cause or reason to show why the sentence of the Court should not at this time be imposed upon him and no sufficient cause or reason having been shown the Court there upo sentences the defendant Giacomo Martellucci alias John Martello to be imprisoned in the State Prison at Attica, NY for not less than Seven year or more then Ten years.

Ind No 40 -52