When she heard the noon whistles blow in the neighboring factories, she had gone out on the front sidewalk to get her baby for dinner. The youngster was sitting on the curbstone and as she stood in the doorway calling him, a brick, coming from the roof of the tenement, struck the baby on the head, killing him instantly. She rushed out and—she swore very solemnly—looked up and saw "the little divil’s red head, jest as plain as I sees yer honor."
The counsel for the defense was unable to shake her testimony in the least.
Other witnesses swore that, on hearing Mrs. Casey’s cry for help, they had rushed up to the roof and had met Mrs. Sippio coming down through the skylight with her two younger children, Felicia a girl of eight and Angelo, who was five. When they had asked her where Pietro was she said she had not seen him. But these witnesses were Irish and sided with Mrs. Casey. They testified that it was easy to pass from one roof to another. And it was evidently their theory that Pietro had escaped in this manner.
A few minutes after the tragedy, Pietro had come whistling up the street and had walked into the arms of the police, who were just starting out to search for him.
In his own defense Pietro testified that after quarreling with Mrs. Casey he had played about in the street for some time and then had gone down to the river with a crowd of boys for a swim. They had not left the water until the noon whistles had warned them of dinner time. They had all hurried into their clothes and gone home. He swore positively that he had not been on the roof during the morning. He evidently did not realize the seriousness of his position and was rather swaggeringly proud of being the center of so much attention.
Two or three other boys testified that Pietro had been swimming with them and had not left the water until after the whistles blew. This was an important point as the baby had been killed a very few minutes after noon. But the district attorney, in a brutal, bullying cross-examination, succeeded in rattling one of the boys—a youngster of eleven—until he did not know his right hand from his left. He broke down entirely, and sobbingly admitted that perhaps Pietro had left before the whistles blew.