Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-06-03
THAT TOLD
Bullet Penetrated D.. Vercel-
los Breast But
THE VICTIM RECOVERED
And is Prepared to Relate His Ex-
perience In COurt--CaSe
On Trial.
THE VICTIM RECOVERED

The trial of the case Of the state
against Peter and James Cuello, charged
with assault (shooting) in the first de-
gree on Dominick Vercella on the night
Of February Is of this year, was COM
menced in Judge Clancy's court today.
The jury comprises Patrick Harvey,
Michael Riley, w. Q. S%weinfest, Joe Rob-
erts, James Naughten, l.. N. Chauvin,
John Riley, J. Kincaid, John P. Reins,
Charles Anderson. Joseph Hoar and John
Morgan. Only an hour was consumed in
securing it.
The state was represented by c. P.
Connolly and John McClernan; the de-
Tense by j. l.. Wines.
Samuel Barker was the first witness
called for the prosecution. He is a civil
and mining engineer. He had previously
prepared a map of the vicinity and place
where the assault was made. The only
testimony given by him was with refer
ence to the map.
Dominick B%ertoglio. a Meaderville mer-
the offense was committed, testified that
he had seen the defendants and Vercelia
in front Of his store just before the shoot
ing. Vercella was neal him at the front
Of the building and the defendants We're
on the street car rack. Vercella moved
closer to witness, and as he did so Peter
Cuello fired at him. The night was dark,
but the light from the saloon of witness
shed its rays so far out in front that
what was tr%anspiring could be plainly
seen. About six shots We're fired, he said.
When the shooting began witness said
he ran into his saloon and stayed there.
Vercella up, carried him into the saloon
and laid him on a billiard table. Witness
saw the wound; it was in the breast, He
also knew that Vercella and the Cuello
brothers had been mixed in some trouble
prior to the night of the shooting.
Bertoglio was still on the stand at the
time court adjourned for the noon ho,1r
Llewellyn s. Hatch plead not guilty. IN
Judge Clancy's court today to a charge
or havlng appropriated about 500 BE-
longing to the Mutual Life Insurance.
company Of New York while acting As
ITS agent. The case will not be set far
trlal until the next call Of the calendar.
Mr.. Hatch has filed a suit against the
company. IN his complaint he alleges
that the company owes him S713.17. that
While soliciting business for it he per-
formed services to the value Of 81, $50. so.
but received only $769 60.
Annie White, colored, was granted =
decree OF divorce from John A. White in
Judge Llndsay's court today. She was
represented by Gustav B. Aldrich. the
only colored attorney in the city. The
plaintiff testified that she and the de-
PENDANT We're united in marriage in this
city IA years ago: that he failed to sun
port her, and in addition to this he abused
her, causing her on several occasions to
leave home. She did not know his pres
ent whereabouts, but at the time she
commenced the suit he was in town. Bv
occupation he was a calciminer. but had
also sold bread and ice cream. A month
ago he had, she said, struck her because
she would not allow him to take some
things from the house. He had also
threatened to kill her.
Mrs: A. Birthrtght corroborated the
plalntlff,s testimony in many respects,
stating among other things that on two
or three occasions Mrs. White had sought
protection at her house.