The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-10-31

The trial OF Modesto Sicher for the
murder of Giuseppe Murano was re-
sunned yesterday morning before Judge
b. itch.
The defendant occupied a seat near
his counsel, Messrs. F. B. Stephens and
B. X. Smith, and listened attentively
to I'll that passed. The prosecution
as on the previous day, was conduc.
ted by United States District Attorney
Judd and Assistant District Attorney
Richards.
Joseph Pitt, who was examined on
the previous day, was recalled by the
prosecution and asked few unimpor-
tant questions
JOHN SCHWARTZ
next took the stand and testified that
he was bartender at Rudeiatt's saloon
and was acquainted with the brother,
Giuseppe, and Charles Murano. On
the Friday night before the murder
the defendant, Sicher, was in the sa-
loon and witness walked part OF the
way home with him, and in conversation
about the mine Sicher at that time
threatened that if the Muranos went
up to the claim again he would shoot
them down like jack rabbits
Cross-examined by Mr.. STEPHENS
witness said he did not tell Charles
Murano about the threat made by
Sicher until Monday night last, but he
had mentioned it to Rudelatt and others
Witness was not present at the row
in the saloon on the Friday night, but
came in after it was over.
why didn't you tell Charles MI
rano about this threat when you saw
him every day."
well, / don't know, but / didn't
want to say anything about it."
did any one else walk home with
you and Sicher that night?"
No"
A discussion here arose about the
jury going TO visit the scene of the
killing. Judge Judd was anxious thai
the jury visit the place before the
prosecution closed, but Attorney Steph
ems insisted that as the prosecution
had put in their testimony it would
only be fair that the defense Should
he allowed to make their opening state
ment at this time, SO that the jurs
would better understand the nature o.
the case when they came to view tht
premises. 1t was therefore agreed thai
Mr.. Stephens should make his state
menJ then, leaving to the prosecution
the right to call further evidence.
STATEMENT OF THE DEFENSE
Mr.. Stephens then proceeded to ad
dress the jury, stating that after h,
had been appointed by the court to de
fend the accused he had an interview
of two hours duration with Sicher am
after hearing his full statement counse
became convinced that his defense wa:
Ineritorious and that the life of Mura
no was taken in necessary self-defense
Going on 10 sketch the defendant:
history, Mr.. Stephens said he was borr
inzthe TyToIson the borders of Switzer
land; came to America some five years
ago and had been in Utah about FIVE
years. He had worked in mining sine,
coming here, and also upon a farm
somewhere on the east bench, between
Parley's and Emigration canyon. Som,
two and a half years since Sicher be
gan prospecting in the canyon and go
TO the place near where the tragedy oc
CURED. There he found what he Ihopet
TO be an indication of ore and thereaf
ter pursued the prospecting, trusting
ultimately to bye and bye strike some
thing that would bring him independ
ence. Charles Murano, having learned
something of this, wanted an interes
in the claim, but his brother the de
ceased, signed the subsequent agree
ment in writing, for the reason tina
Charles did not want to have any prop
erty in his own name on account O
some family difficulty. Murano was t,
have one-third interest in the claim
which, however, was not the one con
corning The posting of a notice upol
which testimony had been given; i
was short distance away from tina
one. Counsel then, in detail, told O
certain unpleasantness which occurred
between the Muranos and Sicher il
to IL,
weeks before the tragedy the Murano
went up to Sichers cabin. One O
them took a cartridge from his belt
showed 1T to Sicher and asked him
Do you see that? I've got that 70
somebody, at the same time maxim,
threatening demonstrations. 1t wa.
after this that Sicher went to a ma,
named Hill and borrowed a pistol
stating that the Muranos had threat
ened him and he wanted to be armed
in the event of being attacked. Sub
sequent to this the parties met in tn,
city, when Murano declared, som,
time l will kill you up there" Comine
TO the morning of the tragedy (Sundayl
counsel stated that while Sicher wa.
working on the claim, Giuseppe Muir
ano, the deceased, stepped into the GU
and said TO him, What are you do
ing there?" Some words followed, anC
Murano displayed anger AS Siche
turned to speak to a man who wa,
near him stone came past his heat
and struck the wall. Sicher then tool
from his pocket the pistol which h,
had borrowed from Hill-who lived no
far off-and as he did so observed thu
deceased reach Tor his right hip pocket
in which a razor case was afterward
found. Fearing that Murano was abou
TO draw pistol upon him, Sicher fired
TTpon that Murano started to run dow
and as ne was proceeding Sicher mad
grab for his coat and shot again
BY this time Murano had reached tn
mouth of the shaft and had hold q
Sicher between the two walls. I
struggle ensued, and as the men crap
pied with each other, Murano holdin:
Sicher down and trying to get some
thing out of bis pocket, the defendan
who was the smaller and weaker o
the two-Strucl5 him upon the back o
the head with his pistol AS the strug
gle went on, Sicher discharged TIL
weapon from behind, producing TIL
wound which caused death. Muran
moved off. but Sicher did not know
the extent Of MS injury. Soon afte
this Sicher gave up the pistol to Hill
Counsel remarked here that the onl,
falsehocd told by Sicher was in regart
te that pistol, he having stated wfel
arrested that he threw 1t away, blu
his only reason for doing this wa.
that he feared Mr.. Hill himself woul'
get into trouble If ii were discovered
that he had loaned 1t to him. True
Sicher disappeared after the shooting
This was not, however, 10 elude tn
police, but to escape from the possibl
vengeance of a body of Italians, fel
4