The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-06-15
TESTIMONY RULED OUT

Mrs. sykes. who owned the house in
which the Bevilacquas lived on Ca
pause avenue. was called to testify
that Mr. Bevlacqua came to her and
asked her to take some means of keep
ing Mrs. Rose away from the premises.
but the court would not admit the tcs-
timOny.
Alderman Millar testified that in No.
vemher last, few weeks before the
shooting, Mrs. BevilacQua was plaintin
and Mrs Rose defendant in a treSpaSS
suit before him. Mrs. Rose became
very violent. threatened Mrs. Bcvil-
acdua and finally became so demon
Strativc that the constable had to be
summoned to keep her quiet. The con-
stable could not restrain her and the
alderman had to order her to be elected
from the office.
Squire Cooney told somewhat
similar story. The two women were
before him with cross suits. Mrs.
Rose was extremely violent during tho
trial and once raised her clcnched fist
to strike Mrs. Rovilacqua The lat
ter was quiet and we'll behaved. bur
seemed to be in great dread of Mrs,
Rose.
DR.. w. II. McGreevy. DR.. l.. Wehlan
and DR.. p. +. GunStcr were summoned
as experts to testify that in their
opinion Mrs. Bevilacqua could not have
been mentally sound at the time of tho
killing, but the court ruled that the
hypothetical question did not give
sufficient ground on which an cXpcrt
opinion could be based.
The last witness for the defense was
one of the Bevilacqua's neighbors, Nrs.
Mary White. She testified that one
day. not long before the shooting. Mrs.
BeN ilacuua came running to her house.
pursued by Mrs. Rose and Mrs. Roses
mother. Mrs. Bevilacuua begged for
projections and Mrs. White put her in
hiding, and refused to allow her pllr-
suers tn enter. They remained outside
for a long time, beratinG Mrs. Revil-
acqua and demanding that she como
out and pay them what she owed. Mrs
Bevilacqua appeared to ne i'm great
terror, and would not emerge from
hiding until the other women had gone
away.
EVIDENCE IN REBUTTAL.
The only rebuttal testimony was that
given by Carrie Morton, Mrs. Ellen
Morton and Maria Mecca. 1t was that
acter, Miss Morton admitted, how
ever that she had heard that Mrs.
Rose had been arrested for making
threats.
The hope of the defense is summed
mp in the sixth point of law submitted
by Mrs. Bevilacqua's counsel. 1t reads
as follows:
nj. a the time of the meeting of
this defendant with Mary Rose on
November 2S. 1900, the said Mary Rose
advanced to make an assault upon the
defendant and by such menaces and
threats taken in connection with her
previous course of conduct, created i'm
the mind of the defendant of the inn
mirenCe and probability of great bod
lly harm and that thereupon the de-
f. nGant under such an apprehension,
discharged a revolver for the purpose
IF protecting herself in self-defence,
ma Immediately thereafter i'm the heat
Of passion or loss of control of mind, |
discharged other shots which resulted
IN the death of Mary Rose before any
cooling time for the mind had inter- |
'ened, then whatever she did took its |
nature IRON her original and first act |
and was done in self-defence, and She |
'annOt he convicted of any crime"
After an hour was spent in argument |
If the law points. the closing addresses |
%ere begun. Mr., Comeeys spoke for |
he defendant, and Mr. Jones for the |
commonwealth, 1t was after G O'Clock |
yhen Judge Halsey completed his |
'harge and submitted the case into the
ury's hands. Al midnight it had not
cached an agreement.