The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1897-06-25
A TEXAN ON THE JURY
HOW HE WON THE OTHER JURORS
OVER TO HIS OPINION.

| The Verdict In an Italian Homicide Case
Which Astouished the Court and Law
yers In New York-Convincine "Kill OK
Be Killed" Logic.
Ia was known as the murder of the
feast Of the turkey, said Assistant Dis.
trict Attorney Hal Bell, who handles
all tie Italian homicide cases in the
criminal courts "The murdered man
was Nunzio Iallaz, and he was stabbed
| to death on the afternoon of Nov. 26,
1896. The man who killed him was
Giuseppe Ladierre. I put Ladierre Oh
| trial in the criminal branch of the su-
| preme court. The Indictment charged
| him with murder in the first degree.
His counsel, Lawyer Palmieri, offered
to enter plea Of guilty to manslaugh-
ter i'll the first degree, but the plea was
not accepted, as it seemed an easy mat
ter to convict the defendant. There was
no denial OF the fact that Ladierre
stabbed Iallaz 10 death with knife 10
inches long.
''Atter the jurymen had been sworn
learned that che of them. big, hand
some fellow, was a Texan. When l
found this out 1 became satisfied that l
would have hard job getting convic-
ton, for when you get a full fedged,
raw Texan on jury in murder trial
he'll simply decioe the case according
to his own Judgment, regardless Of law.
He has only TO he convinced as to
whether the murdered man ought to
have been killed. The actual crime has
nothing to do with the case. The Texan
has his own ideas about such matters,
and, knowing this, was sorry to think
l had full tiedged, raw Texan On the
jury trying Ladierre.
The story that the jury got from the
witnesses was that Ladierre met Iallaz
on One Hundred and Fifty-second
street; that the men had wordy quar-
rel; that Ladierre slapped the face of
Iallaz; that Iallaz drew big knife
from his belt, and then ensued scuff1e,
the knife falling to the sidewalk; that
both men fought to get it, and that La
dierre, being the quicker of the two,
got hold OF the knife and plunged it in
to Iallaz who died from the effects of
the stabbing. These We're the undis-
puted facts that were given to the jury,
and we all believed that Ladierre would
be convicted of at least manslaughter.
But the jury promptly acquitted the
man after Ladierre showed them on the
witness stand the way in which he did
the killing
Defendants counsel, Lawyer Palm.
ieri, was greatly surprised at the YER
dict. Justice Giegerich was unable to
understand such action on the jurys
part. But believed l knew the secret of
it all, and to satisfy myself 1 began
quiet investigation, which has resulted
in my learning that was right in my
first belief, The handsome man from
Texas just gave the other jurymen to
understand that he was there He was
not to be bullied. He was not to be cut
voted either. If the jurymen wouldn't
listen to the way they settled trifing
cutting scrapes i'll Texas, he would see
about it; see to it that they would.
Plunging knife into mans heart
that was nothing. The question to be
decided was, did the deceased deserve
the plunge? According to the Texan,
he did, or the live man wouldn't be
alive. If Ladie1Te had Lot killed Iallaz,
probably Iallaz might have killed La
dierre. This was case, the Texan ar
gued, where quichness won the battle,
and quickness should be rewarded, not
censured. Ladierre simply got in first
stab, argued the man from Texas, and
he ought to be .complimented on his
stabbinS speed
"There were two little men on that
jury and they believed TIE verdict
should be murder i'll the first degree
The Texan just roared at them, and
they Sunk away to 1t corner of the
room. The other jcfols backed away
toward the wall. The big Texan then
made speech, telling the jurors how
they ran things down in my state,
and the other II jurors stood open
mouthcd, gazing i'll wonderment He
recalled shooting bees, and stabbing
parties, and hanging picnics, and gave
graphic illustrations of how Sim Gard
her cut tn damned gizzard out'n Budd
Allen, when Budd jest said he'd make
Sim eat tn dust.
'Then he asked if there war emmy
man in tn room who'd be man enough
to say this were a lie. But there wasn't
man there who didn't believe it, and
the Texan said, Come, boys, tn ver-
diets not guilty Then they all got in
line, filed into the courtroom, and the
clerk recorded the verdict. Eight of the
jurors were pale faced when they came
in. The faces Of three were very red.
The twelfth man was the Texan. His
face appeared normal, and as he warm
ly grasped the hand of the man who did
the deed he remarked:
Yer did right, pard. I'd er did it
meself if war thar.
Now, - said Mr.. Bell, you wouldn't
believe such thing could happen in
great New York, but it did, and La
dierre is back home i'll Morrisania now."
New York Sun.