The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-04-20
Theory OF THE Defense
1t Places Mrs. NicOtera in a Very Bad
Light.
HER LOVER is THE MURDERER
That Is What the Attorneys for Leonardo
Rosa Arc Endcavoring to Make tho
Jury Believe Closing 'Tcsti.
mony in the Case.


the murder of Vito Lauisso was heard
before Judge Edwards yesterday morn
ing, and the afternoon was devoted to
listening to arguments for the defense.
Attorney j. j. II. Hamilton spoke first
and was followed by ex-Judge Ward.
who was still speaking when court ad-
journed at o'clock. He. will resume
this morning and be followed by Dis
trict Attorney John II. Jones, who Will
deliver the closing argument on the
part of the commonwealth,
In their closing addresses The attor-
neyS for the defense set up the theory
that Lauisso was murdered not by Rosa
but by man with whom Mrs Nicotera
had been intimate. They allege that
on the night of the murder when Mrs.
Nicotera sat up after the departure of
the visitors who called upon herself
and husband, she did not refrain from
returning to bed with her leige lord on
account of pain she suffered as she
says, but that she might entertain her
lover after her husband had gone to
sleep.
Following Up the Theory.
Then, the eloquent gentlemen assert
In carrying out their theory. after Mr.
Nicotera was sleeping the sleep of the
just his wife admitted her visitor and
while entertaining him was discovered
by Lauisso. (who boarded with the
Nicoteras) on his return from the
carousal with Rosa and the other Ital-
ians. Lauisso, not desiring to enter
then, walked away and was followed
by Mrs. NicoterSsj loverwho killed L.au-
isso that his lips might be forever sealed
to what he had learned and the injured
husband thus kept in ignorance of that
nights events. Mr.. Hamilton and en-
Judge Ward argued in an ingenious
way to support this theory and said
that it was the only ground on which
Mrs. Nicotera's apparently feverish de-
sire to have Rosa convicted could be
accounted for.
After court opened at 8 o'clock yester-
day morning Leonardo Rosa, the ac-
cused man, was recalled to the stand
and denied that the book spoken about
by Mrs. Corbo in her testimony con-
tanned an account against the dead man
of money owed to witness. On cross
examination Rosa denied that he told
County Detective Leyshon and Charles
T.. Daniels, after his arrest, that he
threw away his revolver before his ar
rest. Rosa said that when Lausso
left Corbo's house early on the morning
of February q, he only went as far as
the steps outside the house with him.
Identified the Book.
Mrs. Cornelia Corbo identified the
book she gave Rosa as the one pro-
duced in court, and then Mrs. Marie
Nicotera was recalled for further
cross-eXamination and swore that the
book produced in court was not the one
in which Rosa kept his account against
Lauisso. She saw the book when Rosa
put it in his pocket and remembered it
distinctly.
Major Montrose Barnard was called
and identified draft of the Nicotera
premises that he made Thursday, and
then Tony Freda was called, who also
gave some testimony concerning the
location of the buildings shown on the
map made by Mr.. Barnard Pasquale
Bevilaqua was at this point recalled
for further cross-eXamination and told
what he knew about the appearance
of that celebrated account-book Frank
Agli, the detective, was recalled and
asked to produce his commission from
the sheriff of Queens county, n. Y, or
his commission from the mayor as a
special officer, but was unable to do so.
Marie Rosa was recalled to prove that
when Rosa shot her in the arm in Italy
it was purely accidental, but the evil
dence was ruled out
Attorney f. w. Fleitz, who conduct
ed the examination of the witnesses for
Rosa at the coroner's inquest, was
called and testified to several points in
which Mrs. Nicotera's testimony at that
time does not agree with her testimony
now. Joseph Cassesse, the Interpreter
at the coroner's inquest, also testified to
discrepancies in the two stories of the
Witness.