The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-11-24
SAVED FROM THE GALLONS.

TRIAL OF ROCCO LUTITo, INDICTED FOR THE
MURDER OF LUIGI PERcoLo-IHE SINGULAR
EVIDENCE IN THE CASE RESULTING IN
AcQuIrTAL
The Court of Oyer and Terminer, hold by Judge
Brady, crowded yesterday its capacity,
tho attractive feature being the trial OF Rocco Luto
indicted for murder In tho first degree Tor killing
Luigi Pcrcolo. Both the deceased and the prisoner
being Italians there large sprnkling OF Italians
present The prisoner IL young man Of progresses
ing appearance, was we'll dressed aud certainly IN his
bearing and expression gave no evidence Of being tho
terrible ASSASSIN be inferred from the ndclrn gu
Ho occupied . scat by his counsel Messrs. William f.
Kintxng ana G. L. Stmonson. The prosecution was
conducyed by Assistant strict Attorneys Herring aud
Leary. Obtaining jury required but short time, the
prisoners counsel interposng no objection TO the
panel
In opening the Mr. Herring recited tho facts Of
tho tragedy IL appeared that late the evening OF
tho 2Slh OF last september the prisoner and the de-
ceased met in drinking saloon at No 20 Roosevelt
street. that wordy alteration ensued between The
Two on account Of Indebtedness oil $l5 By tho
ceased the prisoner that shortly alter the deceased
left the place. aud that tho prisoner, notwthsta
his friends sought to prevent his going, rushed out
after tho deceased About half hour afterward tho
prisoner the street aud directly alter tho
deceased returned TO No. ~ Roosevelt street. opened
the door OF the saoon staggered few steps inside
aud fell dead on the hoor. On examination " MAS
found that he had been stabbed in the thigh,
severing the iermorai artery, aud that death
resulted from the hcmorrLage. search was at
0ncs instituted Tor the prisoner who l0und
IN the vicinity having severely laccrated wound on
his throat and u stab his right arm. On being
brought where the dcad man was-wno had been moan
time removed 70 the station housc-he attempted 10
escape lie insisted that the facts detailed devei
oped uninistakabe case OF assassination, and IN
view OF the alarming increase Of murder IN the city, he
hoped the jury would give the case their most serious
consideration.
Several witnesses were called for the prosecution,
whose testimony went 70 the facts as stated
above They were each subjected 10 rigid cross
examination by Mr.. kintzng, which was somewhat
damaging TO the theory OF the prosecution. The the
DRY OF The defence, advanced by the prisoners coun
sell novel as 1t was striking, IL being contended
that the deceased died from injuries inflicted by his
hand. Tue prisoner called the stand In his
own behalf and gave his evidence through an inter-
prefer. he denied That he had kuite tho night in
question or that ne inflicted any injuries on the do
ceased but stated that The deceased assaulted HIM
with stilctto, woundng MIN IN the throat ana the
arm, and that the injury which tho deceased received
resulting in his death was seil-nnctcd He described
Ia pantomime how II was DONE Rising to his feet he
held aoft his right hand as II grasping stiletto
before him, then brought down his hand
with great force upon the object Of hts assault,
lodged the blow which fell upon himself, severlng,
with its maddened force, the emora artery, causing
death. DR.. George d. CHIT, OF tho Chambers Street
Hospital testified that the wounds upon tho deceased
could have been seii-inlicted, and that the Wounds
upon the prisoner unqucstionably inflicted by a
second party with stilet0 II was also brought out
in the testimony that an examination OF the cloth ng
OF the deceased showed the presence OF tho sheath Of
stietto, the murderous weapon itself being absent
Testimony was gwen as 10 the good character OF the
prisoner, which closed the evidence IN the case.
MIR. Kinzing said ne was wiling TO submit the case
TO the jury on the charge Vi the Court which WIS
assentea to by the prosecuting counsel brief but
clear and succinct charge gwen by Judge Brady,
reviewing the iacts ana declaring the law applicable
TO the case cautonng the jury TO give the prisoner
the benefit OF all reasonable doubts. The jury retired
three o'clock and during their absence the prs
onur was surrounded by sympathzng friends, ana The
large crowd still renamed anxious as TO the result.
In about hour the jury returned aud brought IN
verdict Of "Not Gunty"-a verdict that elicit cd
demonstrations Of llause. which, however, was
promptly suppressed by tho officers. Mr. Kintzing
9hen moved the discharge oil the prisoner, which
Judge Brady Ut once ordered. The numerous friends
OF the pr isoner IN their JOY at his acqulta pressed
closely about BIN. Rugged and kissed HIM, and finally
pulling him the railing bore hun from the
court room q Tree and happy man.