The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-01-25
| was to-day. He recalled the weather
on Nov. -, but not on the days before
or after.
La Mantia denied, however, that he
had discussed the matter of dates with
any one.
JUSTIFTABLE HOMICIDE
The Defense Outlined Saturday by
CalderOne,s Attorney

Calderone's Attorney.
''There are two sides to every case.
Our duty now is to hear both sides Of
this one and then determine whether
Calderone did not kill Battalia in self
defense" said F. l.. McGhee, Saturday
afternoon, in making his opening
statement in the Calderone murder
trial.
This theory of justifable homicide
was strongly presented as the keynote
of the defendants case. In dwelling
upon it's possible development, CAL
derone's attorney rose to heights Of
oratory to which County Attorney
counsel was opening and not closing
his case.
The attorney asserted that he would
show by strong evidence that the de-
PENDANT entered the Palace loan office
as shown by the state, but that instead
Of buying the knife he bought an over
coat there, and that the man who
really sold the fatal knife is unable
to identify the prisoner as it's pur-
chaser.
1--WE will show you another knife"
said the speaker, "a knife that closed
in the blade and which was far better
adapted for the purpose than the one
introduced by the state. ,at
I'VE shalt show you that this boy
went from the house that night armed
with no other weapon than his hands
while the other man was armed to
the teeth" zs..-.
"Sweatbox" Confession.
Calderone's confession" was re-
ferred to as the result of "sWeat-box'
methods, and it's Importance was be-
Titled as much as possible. The at
torney dwelt with fervor upon the
prisoners previous good record, and
stated that his movements during the
past years would be shown and his
character and bearing vouched for by
reputable witnesses.
In dealing with the possible finding
Of the jury under the law as it will
be laid down by the court, Mr.. Nc
Chez said that the twenty-four knife
wounds did not enter into the case at
all. when the testimony has all been
introduced" he said, "the question
which will be submitted to you will
be: Was Calderone justified in striking
for assault upon Battalia or to tell
why there were so many wounds, but
only whether he was justified in strik-
ing the blow which caused the unfor-
tunate mans DEATH
Nothing was said in the opening
which threw any light upon what the
lawyer is supposed to have in his
production Of third man." and those
who are watching the trial are still
engaged in guessing.
Knife Left at Home.
Nera La Montia Of 1901 Western
avenue was the first witness intro
duced by the defense. He told the
ones leaving the house on the night
Of Nov. Is, and he identified a dirk
knife as the property Of the prisoner.
The purpose Of the offer was not
shown, except that this knife, Calder
ones only weapon, was left at home
in an ash barrel on the night of the
killing.
Antonio Condioto, the shoemaker
and the first man arrested as a sus-
pect after the homicide, was next
called. He identified the knife intro
duced by the preceding witness and
testified upon some minor facts rela-
tive to Calderone's habits and actions
prior to the fatal night.
Battalia's Brother.
Philip Battalia, a brother Of the
dead man, was summoned by Mr..
McGhee and told facts concerning
Calderone's history from the time he
left Italy. How he went to Canada,
to Minneapolis, back to Canada, and
LICu dSdlll " llc IW41l C1l1SS, WuSTS l1S
engaged in vending fruits. The wit
ness identified the letter for Calder
ones folks in Italy containing the $45
which was given him by the defendant
before leaving the house the night
of Battalia's death.
Mrs. Minnie Davis identified Calder
one as the man brought to her house,
452 st. Anthony avenue, st. Paul, by
DR.. v. D. Turner on Thursday morn
ing, after the killing. DR.. Gravelle Of
st. Paul had examined the defendants
wounds while he was at Mrs. Davis
house and he showed the jury the
nature of these wounds, pointing them
out by the scars on Calderone's head.
He testified that, in his opinion, the
blows were struck from behind.
Loan Office Clerk on Stand.
Fred Zimmerman, the clerk in the
Palace Loan Office, who sold the knife
said to have caused Battalia's death,
under Mr.. McGhee's questioning, said
that he could not identify Calderone
as the purchaser, but under Mr..
Boardman's vigorous cross-examina-
ton, the witness weakened and stated
that he could not swear the defendant
was not the man in question.
Hector Mclean, a newspaper man,
was called and testified as to his visit
IN the scane Of the Yro11rd ar q, conn