Douglas Island news., 1899-01-04
WEDNESDAY, JANvaRY 1, 1899.
THE coNNnLLA MURDER CASE.
The Defendant, an Everett Newspaper Tan,
 Acquitted.

tried in Kitsap county, Washington, resulted in an acquittal, The alleged crime was committed in Everett, Sno. homish county, but the case was re moved to KitSap county on an applI- cation for a change of venue on the part of the defendant. The two coun- ties are in the same district, The yer dict has not met with general approval and for that reason we are devotlng some space to tue conduct of the trial.
 The prosecuting attorney in his opening statement, and in whlcE the law requires him to truthfully give general outline of the evidence on be half of the prosecution, made the fol lowing statement:
 We will expect to prove to you, gen tlemen." said Yakey. ''that about seven or eight o'clock on the evening of Oc- tober $. this crime was committed In the city of Everett; that at that time Ole Nelson was standing on Hewitt avenue near its intersection with Wet more street. He was converSing with friends: that the defendant, ConneIla, in company with a friend named Grant came out of the Bank saloon and walked down opposite Nelson; that ConneIla said to Nelson:
 ". What have you been lying about me for around town?' or words to that effect.
 ''That the response was: I have not been lying about you, but you have been lying about me
 "COnnella then exclaimed: You damn Norwegian -- --, or words to that effect and struck at Nelson, knocking off his hat.
 That a man named Fleming then came in and pushed Connella away; that Nelson took step in Conneila's direction. picked up his hat, and then turned to tho inner side of the walk. He stopped, resting on his cane. In the meantime Fleming had showed Connella along the sidewalk about thirty feet; that Connella told Fleming to take away his hands; that COnnella threw his hands to his hip pocket and said: Maybe you want some of this or words to that effect; that Connella then forced his way back to Nelson and with a violent expression of hatred again struck Nelson iu the face.
 We will show that Nelson was a good natured fellow; that he simply caught Connella by the shoulders and the latter was thrown or slipped down. Nelson bent over Connella and voices in the crowd yelled: Kick him! Hit him. But Nelson simply said: No, l won't hurt the man. or words to that effect.
 That COnnella attempted to get his band in his hip pocket, and each time he did so Nelson tapped him on the wrist with his cane.
 That Grant, Connella's friend, then stepped in and drew Nelson back by the arms. Connella, lying on his left side. raised on his left elbow. and draw ing his revolver fired the fatal shot, Nelson beiug at that time five or six feet away.
 "Nelsou sank to the ground. exclaim- ing. I am killed
 "ConnelIa arose aud put on his hat. A deputy sheriff appeared on the scene and after two or three demands Conneua surrendered his pistol.
 We expect to prove to you that from the start to finish James Connella was the aggressor; that when Connella first approached Nelson and tapped the latter on the shoulder, his first words were: I have been looking for you"
 From the evidence taken during the trial and which was published in tue Independent, it seems that the prose cution made good the statem ent of the prosecuting attorney and that the tes- timony clearly showed that Connella was the aggressor in the afray.
 One who voluntarily becomes the aggressor in ar affray, is by the law deprived of his right of self defense. A man cannot voluntarily bring on quarrel aud make it the pretext for