Evening journal., 1903-01-28
DE LUCCA CASE
STILL IN COURT
Damaging Evidence Pro-
duced by the Government
Against Defendant
CASE PRgJBLY TENDS TOMORROW
Justinio Dantamo Says That the Pris-
oner Told Him to Say He Had Lived
in Delaware Between Ten and Fif-
49,. 49,.

/ ~ 1o'eWaIe bekWecn tSn anu fH7
teen Years.
Before proceeding with the trial OF
Joseph A. DeLucca in United States
Court today Judge Bradford called
attention 10 the number OF objections
made yesterday and said that the diff
hculty could be avoided by certain
rules if followed by the counsel on both
sides.
Il don't, for one. want this case com
tlnued longer than absolutely neces-
sary" said the court. "You have
perfect right TO contradict a witness on
any particular point, but no witness can
be made to testify to incrlminate him
SELF
There was considerable discussion
yesterday afternoon previous to adj
iournment as to whether Justlnio Dam
tamo a witness for the State. should be
compelled. to say whether or not he
swore falsely in a previous trial against
the prisoner and the reply OF the Court
this morning was the out come Of point
raised yesterday. Counsel for the de-
fense and the court then reached an
agreement that in the event of any ques-
ton being asked that would tend to
lincriminate the witness the court should
caution the witness that he need not
answer the question unless he so de-
sired.
Dantamo took the stand and was in
lstructed by the court through the in
terpreter that he need not answer any
questions that would serve to incrimi-
nate himself The first question put
TO the witness by former Judge Ball
for the defense was:
did you not serve In a former trial
in this court, and received the paper
at the court in my own hands?"
The witness declined to answer.
, did you see Peild Decilla or Jami-
son last night or this morning?p was
asked Of the witness, but District At
torney Bryne objectefs to the question
on the ground that the question was not
one that could be asked in cross-ex-
animation, but his objection was not
sustained by the court.
Dantanio answered: mo. sir"
Did you or do you not remember
whether you saw either of these men
last night after the adjournment Of
court7"
Il know nothing"
"Did not one Of these men say to you
II any questions were asked in court
this morning to decline to answer?'
Il don't know"
The witness was then handed the
naturalization paper he received and
identified his own signature In an
swer to a question: he said he never
; signe dthe payroll upon receiving his
: pay
I did you write any letters on Janu-
airy II. 1902"
Il did not
Could you write on January IL,
1902g"
Il could not"
'In this paper, which you have sworn
that you lived in the State of Delaware
one year Lext preceding to January IL,
, 1902, did you on did you not swear
falsely?"
Upon being instructed by the court
not to answer the question if he did
not wish to, Dantamo answered:
Il told the truth. Now know moth
ing"
$ IF you did not know how to write
on january II. 1902. how was it that
you signed the paper?"
! Il saw a mark In Sustillo's place and
i make one like IL at the suggestion of
!. DeLucea. That was the first time
ever signed my name and have never
4 done so since.
, Neither Mr.. Peeke or Mr. Decilla
Z told me after was arrested by them
r that If testified against DeLucca they
e would make it easy for me.
0 Joseph Vannicci brought the natu-
a ralization paper to me and said he was
+ from DeLucca."
: Ibid you see DeLueca give vannicci
! the paper?"
NO, sir; but we talked over the mat
! ter previously"
= do you know of your own lznowl-
4 edge that DeLucca gave Vannicci the
: paper?"
mo. sir"
+ did you say you lived in Delaware
= 10 years?"
d Il don't remember. all l said was ]
have been here since 1888"
y 'Did DeLucca tell you to say you
e lived in Delaware between five and ten
g years?'
~ ~ Yes. he told me to say that and he
j would manage to get papers for me-
10 A number of other questions were
at asked of the witness but his answers
IL failed to throw any more light on the
l. matter. The government then called
its next witness Michael Malino
Malino testified that he heard De
Lucca tell Dantamo in Sustillo's place
at that if Dantamo would say he lived il
/. Delaware one year that he (DeIncca'
would get papers for him.