The Portland daily press., 1892-09-28


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on the left side, through the abdominal wall,
through the large intestine, severing the large
artery of the abdomen, which is about as large
as ones thumb, piercing the vein, and the lnstru
ment was stopped by the backbone ~, THIS was
wound was on the left hip, and was superficial:
Andrew J.. Rich testified to the bringing OF
Battiste to his undertaking rooms and OF ms
dying within @ very few minutes after being
brought in. On searching his clothes ne found
$1,000 in the pockets, and in a leather bag tied
around his leg were $50 IN bills. ne also had
in his pockets piece of tobacco, pipe and
small pocket knife.
Charles D. Thompson, janitor of the Oxford
Bng esed that ss Was sree on on he
evening of the 9th OF August between ana
half past, when his attention was attracted to
the oppose SIDE of the Street. By the window
of Bailey's carpet store; they were chnched,
and having rough and tumble squabble. just
then horse car came along and obstructed his
view. He got up to g. over, passed around the
horse car, and as he did so, met Battiste stag
gering across the street. He saw some one
have the other fellow down and saw Hefon
take a knife away from him.
Albert L. Small, conductor of the Spring
street car was the first witness in the after
noon His car hauled up. as it was behind the
StrOudWater car; he saw the
Two Men ON the Sidewalk Fighting;
saw one fall down and the other stand over him
stabbng him in the face as witness supposed.
Witness ran to them and pulled one from the
other. The other fellow jumped up and came
at him again. Didn't recognize the faces of the
men; never had seen them before; didn't know
which was which. When they went to fighting
again they were both down in the gutter. After
they were separated the second time one OF
them came OUT into the street. stood up by the
car a second OF so, and then fell over on MS
back with his arms outstretched. Think the
back OF his head struck the rail-
On croSS-eXaminatiOn witness said he saw no
kulfe and no weapon.
Joshua Aver the driver of the Spring street
car, saw the men scuffiing, but did not leave his
car. He saw Small part them, and after he let
they clinched again. Could hear them talking,
but couldn't understand what was said. When
the one staggered out into the street he said,
James Flynn, driver of the Stroudwater car.
saw Small grab hold OF one OF the men and say
here, we
Don't Allow That On the Street."
After Small separated them he walked towards
his car. The fellow that stood nearest the Canal
Bank Building started for the one that stood
further up the street andSthat one hollered
three times and they clinched and soon after
went down into the street. Who separated
them the second time witness didn't know.
Witness walked over TO where they were hold
ing Gabrielle down and he said fix him, fix
him. The man that staggered out into the
street afterwards was not the one who renewed
On cross S; examination witness said he could
not or did not see any blows exchanged be-
tween the men.
Stroudwater car first saw the brothers cross
ing the street in front of his car. AS they
reached the sidewalk one was ahead OF the 9TH
er. The one in the rear struck the other and
they had fist fight and then they went down.
Small caught hold of the one on top and pulled
him off and said I'VE don't ;, want
started for his car again when
the one he pulled off renewed the attack. Wit
ness saw knife in his hand and saw him strike
gered and fell and the fellow with the knife
went down on top OF him. Witness with others
then grabbed hold Of him. He told the others
was then attempting to hit with the knife these ;s
down. heard him say: u VIII n nS me Ie.~1-,,i
jected the witness to sharp croSs-examlnatio1
upon this point, but the witness maintained
that the prisoner used that language:
John 4. Atkins, boiler maker, helped sepa-
rate the combatants the second time and says
that Gabrielle while they had him down tried
to get his knife into witnesses leg, PAY Ihomas
the knife was taken away he said: mo mold
me, me stay
Thomas Heffon, janitor at the post Office, saw
the soutfie as he was in the Stfoudwater .car
When the second scutf1e took place he went
over and took hand at separating them. Heard
someone say
"Look Out for the KnIfe.''
He took the knife away from the fellow and de-
livered it to the deputy marshal. Witness went
with others in the patrol wagon to the station.
He said to Gabrielle, Amt you ashamed of
yourself to do such a deed on the streets OF
Portiand?' He replied, mo, he is my broth
er and 1 am glad of it; he is no more trouble to
me.'
Eben N. Perry, the coroner, identified the ar
ticles taken from Battste. Witness said he
had deposited the money in the Merchants Ma
tional Bank
Robert T. Rooney testified that he rode up in
the patrol wagon that night; that he said to De-
Rosa, You have killed your brother; he IS
dead'' Gabrielle replied, "Vell, good enough
Francisco Tancreda, an italian, living in Stat
ford block, testified through the interpreter,
that Battfste had lived with him for three
ellie at one time, by Battiste's direction, that he
(Battiste) should not pay him the money he
owed him as long as he (Gabrielle) lived with
that woman, Eta Coombs. On the night of the
homicide, Gabrielle came to witness and in
CURED for Battiste. Tancreda asked him what
the money that his brother owed him; Tancre-
da told him he had gone over to Franklin street
to see his boss. Gabrielle said he
wanted the money so he could leave town.
He wanted to leave this woman. Tancreda
told him that Battiste had said that he had sent
Gabrielle replied, 81 want my money tonight
andi BattiSte does not pay me Will show you
what will do" He went back into his tene-
ment was gone two or three minutes and then
came out and went in the direction of Franklin
street.
At the conclusion of this witnesses testimony
the court adjourned until 10 O'Clock in the
morning.