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

them and they were pulled up to a standing po1-
sltlon. The one. that had been undefneath
struck The other GsbrieI!el in the daee Inc Inc
one side and make
FoursPlunges with the Knife
about as quick as he could use it. The other
moved away five or six steps, mumbled few
words, staggered out into the street and fell
On cross-examination, the witness said he saw
no separation Of the combatants before the final
separation; they were elinehed together al the
Plumnler or Small or anybody take the resp0n-
dent off from his brother.
Frank Cassassa, who keeps peanut stand on
Middle street. near the corner Of Middle and
Exchange streets, testified that three or four
minutes before the ARRAY Battiste passed BY his
stand on his way up Middle street and paid the
witness five cents as he went along.
This closed the testimony for the defence.
In rebuttal the government recalled Tancre-
da who testified that on the night he was at
Gabrielle's and was treated to beer he did not
see him open the beer with the knife. Gabrielle
brought the bottle into the front room from the
kitchen, with glass, pouring it out as he came
along.
Hugh f. McDonougll, of the police force, was
called. He said on the night Of the assault he
had = message and an article 70 deliver TO Ga
brielle, sent him by e, Eta G9o 1ia,;a
and and It s was aa neV Res ds na a0 upoa
objection the court excluded the evidence as to
what the message and article were because
they never reached the respondent.
Police Officer Ellery Rowe, turnkey at the
station. stated thai he searched Gabrielle that
night OF the staBbng and found upon him
watch and chain, a match safe two papers, so
cents 10 silver and a piece of tobacco. There
was no key found upon him.
Police Officer NeWconlb testified that he re-
ceived the above named articles from officer
Rowe and the testimony at twenty minutes past
four was closed. ~
EIr. Libby Then Addressed the Jury
for three-quarters of an hour in behalf of hi.
client, reviewing the testimony at length to
show that Gabrielle had sufficient provocation
offered him by his brother at the time of the as
sault to reduce the killing to nanslaughter.
He was followed by Attorney General Little
field for an hour. He claimed that
the testimony of the respondent was full of con-
tradictions and inconsistencies and could not
be relied upon whenever it eonflicted with a
government witness; that when Gabrielle went
theg key to his rooms he went for the knife;
that he was then preparing himself to either get
his money or, as he told Tancreda. .he would
show him what he would do The attorney
general said that under this evidence, in any
view of it, even taking the prisoners own ac-
count of it. the jury could not consistently with
their oaths render anything but verdict. OF
murder in the first or second degree; to find
that this man is only guilty of mansiaughter
would be n travesty of justice.
Mr.. Littlefield closed at six o'clock. Judge
Bonney inquired OF the jury whether they
would prefer to take the case tonight or wait
until morning. The foreman after consultation
wait until morning, and thereupon the court adj
iourned.