After accepting a plea of guilty of murder, second degree, on an indictment charging Luigi DioGuardi with murder, first degree, Justice Robert F. Thompson yesterday sentenced DioGuardi to serve ten to twenty years in Auburn prison.
— Democrat and Chronicle (Rochester, New York), March 8, 1923
On the evening of February 28, 1922 a group of family and friends had gathered at the home of Salvatore Tubilino to enjoy some of Salvatore’s homemade wine. While Prohibition had been in place for more than two years, the manufacture and consumption of wine at home was still legal. Salvatore was an immigrant to the United States from Italy who lived with his wife and five children in Rochester, New York.
The gathering turned ugly in the early morning hours when four of the partygoers, heavily under the influence of the grape, descended into the cellar to sample wine from various casks. An argument broke out between Salvatore and two friends over the merits of his wine after he boasted about its “wonderful kick.” Luigi DioGuardi insisted that his home-brewed wine, made across the road at 30 Orange Street, was far superior.
The dispute moved to the backyard, where it intensified after Giuseppe Falsone slapped Salvatore in the face. Another of the partygoers, Charles Vitale, tried to separate the two men, but to no avail — the argument continued to escalate. Possibly the feud had been building over a number of weeks and finally reached the breaking point. Salvatore turned away and headed back into the house, but before he reached the door Luigi pulled out a revolver and shot him four times in the back. When Charles again tried to intervene, Luigi shot him too, though not fatally.
Salvatore’s wife heard the gunshots and ran out of the house. She knelt beside her husband. With his dying breath he whispered the name of his murderer to her. It was her sister’s husband, her own brother-in-law — Luigi DioGuardi.
In the confusion that arose after the shootings, Luigi and Giuseppe fled the scene and police arrived too late to catch the pair. Giuseppe was captured the following day and held as a material witness.
Much later Luigi would claim that he immediately left Rochester and made his way to Canada. He said he went to Niagara Falls by taxicab, then hid in the backseat of another cab and crossed the bridge to Canada. Once he made it safely over the border he said he then boarded a train to Toronto and from there caught a sleeper train to Montreal.
The police believed he’d actually remained in the vicinity of Rochester for a few days after the murder. They thought family and friends sheltered him while he gathered money and made his escape plans.
Born in 1887 in the province of Palermo near the northern coast of Sicily, Luigi immigrated to the United States as a young man. He arrived at New York’s Ellis Island on March 10, 1910. By the time of the murder he was a family man with a wife and four children.
Someone, possibly a family member, provided police with a photograph of Luigi, taken with his accordion sitting next to him on a stool, and it became the mug shot on his wanted card. There’s no evidence that he played professionally, but Luigi was clearly proud of his accordion. On the back side of his wanted card, the police made a note of the fact that he was a “good accordion player.”
Rochester detectives traced Luigi to Montreal, where he’d grown a mustache as a disguise and adopted the alias “Louis Degarde.” “While the new appendage might have served to deceive an inexperienced observer, it did not fool detectives” noted one Rochester newspaper. He was in the process of moving his family to Montreal when detectives arrested him on May 6, 1922. The gun used in Salvatore’s murder was never recovered.
Luigi was sent to Auburn Prison for 10-20 years after pleading guilty to second-degree murder. He claimed he was heavily intoxicated at the time of the crime and had little memory of the night of the murder. There’s no way to know if he was allowed to take his accordion with him to prison to help pass the time.
After his release from Auburn Luigi rejoined his wife and sons in Rochester. When the 1940 federal census was taken he was employed as a tailor at the Hickey Freeman Clothing Company. He died in 1962 in Pompano Beach, Florida. The home where the murder occurred has been torn down and replaced by a parking lot.
Featured photo: Luigi DioGuardi’s photo with his accordion, which was pasted to the front of his wanted card. Collection of the author.