The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1892-09-29


that He Had Armed Himself with
Evi, Observation-Disclosures and Ar.rrants
Yesterday morning at 10 o'clock, the contin-
| uation of the examination of witnesses was
| begun. Deputy McCallum was the last
witness for the state. His testimony occupied
only few minutes.
He said that he was on duty the night of the
murder. He saw the murderer about $50 p.
m. He had conversation with him about mid
night. On his, Gabrielle's right Jaw, were two
| little scratches about one inch long. He was
unable to understand the prisoners lam
| guage.
| Mr.. Libby then opened for the defense. He.
said that he felt the GREAT resnossihitv restinr
upon him. Great as it is, greater one rested
| on the jury. 1t is to decide whether the pris-
oner by the evidence offered, is guilty or not
guilty. The prisoner stands charged with a
| high crime-of murder of his brother The
| government is bound to establish his guilt be-
| yond reasonable doubt. The man is OF the
italian race. He came from Italy four years
ago to better his condition of life. He has
been at work every day since then. Ho race
prejudice is to bias this crime. AS have said
the burden rests upon the government. I'm
doubtedly. after hearing the testimony, there is
no question but Gabrielle killed his brother. l
must admit that myself. But it was done under
great proVocation. Mr.. Libby claimed that
this deed was done under provocation That
will come for the consideration of the jury. The
law is given by the court and the jury must be
guided by the law. The respondent will take
the stand and tell what happened that night.
how he came from work. wanted money and
wanted to go away, what took place, and the
jury will consider whether he is guilty Of murder
or manslaughter He felt in presenting this case
that the jury will take into consideration all the
testimony and that it will come to a just conclu-
sion. He desired to say one word in relation to
the
Charge OF Malice Aforethought.
He then read the law defining malice and
claimed that the deed was done under proyoca-
ton
C.ahrie,le then took the stand and ,,,,s tho oh
at ~ ,e,, ~. "N' vne
terpreter, also took station near him. After
the reness xyas 1finished ttornav cener.1 I;+
IN 1.oao "a' .i,isou 4As'oios "onotai h''
tieneiu atS5lnptcd 10 converse WIN the prison.
er directly, but met with poor success. although
Anew sentences could be distinguished. When
uaDi5io saiu eilas no coulu lo' VAN any Eng
.lsn . i,,O.e "loe'iono ine in'ei
pie'ei eilell was eilpioseu as pelore.
Ia answer W queo'lons u ME-. h,Doy eiie pflS-
onol soiu iils seoly. on she io.lo ay oi iass Au
g g.n, na nseu on rofe ssiees e was porn IN
Italy 80 years ago and came to the United
States four years ago. He has been employed
steadilv since then a1fbougb ba hos haan ,uorI,
ino for ,,aon1s His brotbar 90 - ~
country one year after him. They had always
lived together. He was at work on Monday
amnust : for tho E,ectrie 1'ialt Ganonanu ~
August To- Iof the Eleetflc Light company on
Fore street; got home that night at 6 O'Clock;
lsndlady Of the housa went to his Mace ace. and md
some lager beer was drank by these three per-
sons. The knife that was used in oneninc the
49, 80, wy
poeties was tie one Will which the MURDER was
committed; used this knife when he went hunt
ing and fishing: was not in the habit of CARRYING
the knife oil fba tba time. loft II at bo,ne
generally on Sundays. Went to Tancreda OH
August 10Th, and asked him where his brother
was. The brother, Battiste, was owing him
money Wanted his money to go away. Was
intending to work all that week and then to so
away. Then went up to see an italian about a
letter that he thought BatJlste had sent to the
old country with his money in it. Before he
had got there he
met fils i'roeher Near Ihe fose oiiice'
Told his brother to come with him.
ar 80 ,,,o,1- iii, -, r,o AZ,
"ai' w speaA Will yoa' ooine 10 tne
horse car station to see another Italian about
the letter Won sent to JtaIv.n Battiste rep1ied
,,o,,o - Ia tp.4t;ato,a, ,s,.a:-ss
tuat IL was ho'io VI Aio toacnsce . BUSINESS
IF you have any go. shall not CO." Then.
the prisoner told Battiste, Il shall 60 and see if
want to find ont. Rattiste then said that he
h l tne money DuI Wonla hog Pay one cehI 10
the moneyp'' Battiste replied saving that
Gabrielle had gone to Boston with that woman
SEtI Uoolnps, nad goG lafIleu, nau SPsnt az
wav viii not nav Won. I have sent If 10 The |
Old country" Gabrielle replied. .Very well. |