The Portland daily press., 1892-09-28
DEROSA'S DEED.
The italian in Court Accused Of His
Brothers Murder.
WITNESSES TELL OF THE MIDDLE
STREET TRAGEDY.

| Opening of the Trial in the Superior Court
The Accused Shows Keen Interest
in the Proceedings-County Attorney
Robinson Asks Conviction for DELHI
crate Murder-The Evidence for the
State.
In the Superior Court yesterday morning was
begun the trial of Gabrielle De Rosa for the
murder OF his brother, Battiste DE Rosa, by
stabbing him in quarrel on Middle street, on
the evening of August 10.
Attorney General Lttlefield and County At
torney Robinson conducted the case for the
government and George Libby, Esq, appeared
for the defence
The prisoner is an understood italian, with a
vicious looking face. His mouth is entirely
concealed by a heavy black moustache. His
eyes are small and sparkling He was calm
and sat quietly under the gaze of room full of
spectators.
Evidently he understood something of what
was going GU around him, because he watched
with keen interest every move of the officials,
though he could hardly understand a word that
was said. An interpreter, Joseph Paladino of
Rockland, bright young man, repeated to him
essary that he should understand, and Mr.. Lib
by zealously guarded every point that no dis
advantage should come to the accused man
through his lack of knowledge of the formali-
ties customary in our courts.
DeRosa has bleached out some since his in
generation. There was much less of the
Appearance of the Brigand
and desparado about him than was the case on
the night that the quarrel occurred on Middle
street. and he was taken with his hands still
red with the blood Of his brother to the police
station. He took the seat at the right OF his
counsel, and did not move muscle as the men
who are to pass upon the question as to wheth-
er the remainder of his life shall be passed in
the state prison or whether he shall go free,
were selected
At10.45 Mr.. PaIadino was sworn by Deputy
Clerk of Courts Libby to act faithfully as inter-
prefer. Then Clerk Libby drew the names of
the jurors from a box.
AS each juror was called Judge Bonney
asked him after he had been sworn to answer
truly the questions put to him by the court, or
by order thereof these questions:
Have you read the accounts in the newspap-
ers of the homicide with which the respon-
dent is charged?
Have you a fixed opinion to the correctness of
these accounts that will hinder you from giving
verdict in ccordance with the law and
the evidence
Have you formed or expressed an opinion re-
gardng the guilt or innocence of the prisoner
at the bar?
Are you conscious OF any prejudice or inter-
est that will hinder your giving verdict in ac-
cordance with the law and the evidence?
About a half-dozen of the men said that
they
Had Not Read the Newspapers,
and one of these said that he did not take a
daily or weekly periodical and seldom
read any at all. Twenty-three men were called
Eleven of them were challenged by George
Libby, Esq. some peremptorily, as was the
case of the man who never read the papers, and
some for cause Quite number OF those
drawn said they had formed an opinion which
under the law disqualified them from acting.
The following are the names of the jury:
Henry S. Jones, (foreman), Scarboro.
William j. WEIGH, Westbrook.
Oliver r. GalliSon, WeStbrOOk.
Joseph T. Jones, Windham.
James B. Dennison, Yarmouth.
Hiram Ellis, Cape Elizabeth.
Ammi d. Seabury, Yarmouth.
Horace F. Davis, Cape Elizabeth.
Thomas c. Crib, CaSco.
Alvin G. Sennett, Portland.
Frank E. Lamb, Naples.
Charles 0. Barbour, Westbrook.
Deputy Clerk Libby then read the Indictment
of the grand jury, charging Gabriel DeR0sa
with the murder of his brother, Battiste De-
Rosa. The accused had entered plea of not
guilty earlier in the term.
County Attorney Robinson openedi the case
for the government. He said the prisoner is
Charged With the Wilful Murder
of his brother. He detailed the circumstances
OF the crime with which the prisoner is
charged and outlined the testimony which the
government will present. On the evening in
question it was observed that two men were
having trouble. They were talking, but in Ian
| guage which the spectators did not understand
| The government will present as witnesses the
| drivers and conductors of the horse cars which
| were passing at the time. One conductor sep
| arated the men. Before he could get back to
| the car the other conductor observed the prlS-
| oner draw a knife and spring upon the other
| man and stab him with it, saw the man fall and
| heard him groan. When the prisoner was tax
| Ell away from his brother he was uttering fierce
words Of i'll will. He attempted to stab the
men who captured him and shouted repeatedly
with reference to his brother fix him. At the
| station De Rosa was informed that his brother
was dead and he said "I'm glad of it." The
| prisoner said the cause of the murder was
| money which his brother owed him, but the
| government will show that the two men had
| had trouble over a woman named Eta COombS.
| Battiste had lived with his brother but left him
| because he went with this woman. Gabrielle
| wanted money TO give 10 tliiS Wolildu Ing
woman was arrested and Gabrielle started out
to find Battiste resolved to have the money
| that night. Battiste admitted that he owed his
| brother the money but did not want to give it
| to him to Squander on the woman. The knife
| was made out Of file and was OF
! No Use Except for Killing.
! With this weapon he deliberately went in search
of his brother, with fatal result. In view of
all these facts the government claims that the
killing was intentional, and that there should
| be verdict of wilful murder.
Dr.. Alfred King was the first witness called.
He made the autopsy on the body, Of Battiste
| DeRosa. He found on the face two little bruises
! that might have been made with the fist or any
blunt Instrument On the body were yer .,1 four
rib. and was only as deep as the rib. The sec
ond was between the sixth and seventh ribs.
through the wall of the chest, through the dia-
! phragm. through both walls of the stomach,
| and penetrated the liver The third wound was