The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-01-26
CLOSING TALKS
IN MURDER CASE
Continued from First Page.


Continued from First Page.
derone. but use it because he said it,
Well, the court won't use it, said
McGhee. d
1T is not necessary fol. the state to
prove everything to a mathematical
certainty in order to comply with the
rue as to a reasonable Doubt y went
on the county attorney. 1--WE didn't
produce the dead body, but T think
we satisfied you that Salvatore Bat
tal1a is dead and was killed. Now,
who killed him? It was Antonio Cal
derone.''
Prisoners Scars Construed.
Poor Z Calderone was again posed
before the jury while County Attor-
ney Boardman pointed out the scars
on the back of his head. Then his
black derby hat was placed on him
1t was seen that some of the cuts
were partially concealed, even tho the
hat was tipped a little forward Mr..
Boardman remarked that the hat was
worn we'll down on Nov. 10, for it was
very cold.
Those cuts could never have been
made as described by Calderone," ar
gued Mr.. Boardman. when Battalia
made the first lunge, as Calderone
says, he must have cut thru the hat,
but here is the hat and there is no
sign of a cut anywhere in it.
'Calderone is a much taller and
heavier man than Battalia, the poor
fellow who was killed. To have made
those cuts the weapon must have been
raised high aboys Calderone's head.
Had the men been Of equal height, the
deed was impossible; in view Of the
discrepancy, the deed was impossible
Leary is Posed.
G., William G. Leary, associate counsel
for the state, was next posed to show
how improbable was the story that
the cuts on Calderones head could
have been made by Battalia, a man
very much smaller.
IF Battalia had intended to kill
Calderone, he would not have made
use of such an unreliable weapon as
knife, when he had fully loaded
revolver in his hip pocket" proceeded
the county attorney.
I'VE have produced the knife with
which Calderone killed Battalia. It
was found near the scene of the crime
covered with blood. We have identi-
fed that knife as having been bought
at Sc Washington avenue S by CAL
derone. The witness Max Smaller,
one Of the most intelligent who testi-
the knife and as positively identified
Calderone as the man who had bought
the knife which was found near the
scene of the murder.
Opposed to this testimony is that
of Max Zimmerman who sold the
knife, but could not identify Calde-
rome. Neither could he swear that he
had sold rCa1dArnna an nUornnof
"Neri La Mantia doesn't remember
anything of any consequence. He's
one of the witnesses who has some in
terest IN the case, one who is trying to
help friend from whom on the night
of this crime. he borrowed IS.
A Schooled Witness.
another witness who was schooled
was Frank Inzerra, that bright young
Italian. He also remembered so
talked the case over with any one. Mr..
McGhee saw the absolute absurdity Of
the statement and said: But you
talked it over with me?' Then this
bright boy took his cue and replied in
the affirmative.
This is their alibi, that Calderone
could not have been the man who
bought the knife at SO washington
avenue S, between 8 and 10o'cleck in
the morning of Nov~mI2, because he
was somewhere else, piling wood in a
snow storm at that time.
No Motive Argument Needed.
II know nothing of italian life.
The stiletto and the knife are their
weapons. I know nothing of the
Malta, don't know whether these men
are members Of it or not know
nothing as to- whether Battalia had
given it any offense. \
s. I know nothing of religious hatred
or Malta feeling against the Masonic
fraternity. + know Of no woman af-
fairsor business rivalry. I know Of no
motive for this crime. Idon't have to
show you the motive. All have to-
show Is the deed.
asst is possible to show you that. this
crime was not self-defense.''
The Murderous Scene Re-enacted.
A dramatic scene ensued when Will
liam G. Leary was again called upon
to stand before the jury.
"Why nottuse Calderone's head? He
was the one that was cut" interrupted
Mr.. McGhee.
II am not using any ones head III
this matter replied the county at
torney.
"Now, gentlemen, will show you
what think happened on the bridge"
Mr.. Boardman lunged with the
weapon, Mr.. Leary grabbed the up
raised arm and forced it backward
until Mr.. Boardman almost had the
back of his head gashed, as was Call
derone's.
"a jab from knife Of that char
acter given as described would have
gone clean thru the skull of Battalia, y
declared Mr.. Boardman. instead Of
making these gashes on the defen-
dant's head. which even DR.. Turner
admits were not deep nor serious
The hands Of both men were cut.
It is reasonable to suppose, with such
knife as was used-no hilt and the
blade running into the handle-that
in striking a blow hard enough to cut
thru clothing and flesh, the hand
would be forced over the sharp blade
and be cut.
They want you to give that blood
thirsty murderer the benefit of a rea-
sonable doubt" declared Mr.. Board
man at the conclusion. "The position
of the state is that this was murder
In the first degree, if there ever was a,
murder in such a degree.
In the name of heaven, don't make
any farce of this and bring in a YER
dict Of manslaughter. 1t is murder
most foul in the first degree, or at
least, in the second degree"
ARGUMENT OF M'GHEE