The Saint Paul globe., 1904-01-24
MINNEAPOLIS
MAN. FAILS
TO GO BEFORE JURY
Henry Refuses to Give Test.
mony in the caIderone
Murder Trial.


ia;l breaker, who says he saw Antonio
Calderone kill Salvatore Battalia on the
Franklin avenue bridge on the night of
Nov. IS, balks at testifying at the trial
Of Calderone.
The state has therefore been forced
to rest its case without much impor-
tant evidence.
Attorney McGhee, in opening the
case for his client, stated that justi-
fable homicide will be the defense.
That Calderone killed Battalia is ad-
mitted.
Henry claims to have seen the fatal
blow struck, and says that after the
affray Calderone pursued him, but he
escaped.
Yesterday morning he was brought
from Little Falls by Sheriff E. S. Tan
ner, and for some time was closeted
with Attorney Boardman and his as
sistants. He refused to testify at the
trial until after he had had a confer
ence with his attorney, Stan J. DON
nelly, of st. Paul.
The session was a prolonged one, and
the trial was not resumed until IL
o'clock.
Fails to Gail Henry.
Only one witness was examined at
the morning session, and 1t was ex-
pected that in the afternoon Henry
would be placed on the stand, and
there was some surprise when County
ATTORNEY Boardman announced that the
state rested its case. Henry's testimony
cannot be used except in rebuttal, and
no
call him unless the defense introduces
it's third man."
According to Henry's story, he was
on the same Riverside street car that
carried Battalia and Calderone tp
Franklin avenue and Twenty seventh.
This agrees with Mr.. Soucie, the street
car conductor, who has identified the
two. Soucie says that four men got
off at Franklin avenue and that three
turned towards the bridge, while the
fourth went in the opposite direction.
Henry says he walked behind the two
Italians. He saw Calderone seize Bat
talia's arm when they were near the
center of the bridge, and Battalia
screamed as Calderone struck him.
Battalia pleaded for his life as the
struggle continued. Blow after blow
was struck until Battalia finally fell.
CaIderone then struck match to
burn something. Henry was then dis
covered by Calderone. who chased him.
He fled to the west end of the bridge,
closely followed by the Italian. This
accounts for the bloody trail to this
end of the bridge.
Told Story to Roommate.
Henry roomed at the east end Of the
bridge, and upon arriving there told
the story to his roommate. He re-
Trained from appearing before the au-
thorities, as he was wanted on for
gerry case. 1t was some time later that
the roommate informed the police of
the story, and this led to a diligent
search for the man. A few weeks ago
he was arrested In Little Falls.
Calderone was quite composed dur
Ing the greater part Of yesterday. He
was affected when Mr.. McGhee, during
his opening statement, referred to his
sending money to his old mother In
Italy and a widowed sister with two
children.
Sheriff E. S. Taner, of Little. Falls,
who brought Henry to Minneapolis yes
terday morning, when asked regarding
the story which the latter tells of the
murder, was adverse to making any
definite statement in the matter.
He did not say that he did not see
what motive Henry could have In max
ing any false statements about this
case, and he admitted that, in his opin-
ion, either Henry had been primed as
a witness In the case, or else he saw the
murder as he says.
although Henry refused to go on
the stand and testify today said the
sheriff, "he still stands pat on his story,
and he cannot be shaken in single
particular He seems to know the
ground thoroughly, and no amount of
questioning seems to make him change
one word of the story as he first told
it to me.
EITHER the man has been drilled to
tell that story in order that he might
go on the stand and testify, or else
he was an actual eyewitness, as he
claims.
'If the first is true. and he was
drilled by one side, his motive for
springing this story may be to get re-
venge for throwing him over or for
some other reason.
"If the second is true, and the man
actually saw the crime as he says, his
reason for not talking about it before
is good and sufficient one.
"He was a fugitive from justice at
the time of the murder, and naturally
would refrain from making himself too
prominent with the authorities.
Predicts Sensation.
"There are several features of this
story that have not been made public.
When they do appear, more than one
man in this state will consider the ad-
visibility of getting out in hurry.
About Monday there are likely to be
some startling developments in the
case, of which I am not at liberty to
speak"
Henry is confined in the county Jail
and no one is allowed to see him.
The state presented but one witness
yesterday morning. Superintendent of
Police Conroy told of the confession
made by Calderone At the s2pening Of
the afternoon session, Counts Attorney
Boardman rested the case, and Mr.. Nc
Ghee proceeded to make his opening
address to the jury.
The most important testimony of the
afternoon was given by Fred thinner
y 49, H.. o. ~,