Los Angeles herald., 1905-02-21
SEEK TO EXPLAIN
ITALIAN s DEATH
G. MISTIERI FACES CHARGE OF
MURDER
District Attorney Attempts to Prove
That the Prisoner Slew His
Victim in Cold
Blood

In Judge Smiths department of the
superior court Guasta Mistieri, alias
Francisco Rogeros, who stands
charged with the murder of Jack
Cresello, yesterday opened his fight for
freedom.
There was no eyewitnesses to the
tragedy, and had not the Italian at an
unguarded moment confessed to an
officer the death of Cresello would be
yelled in mystery.
Deputy District Attorney McComas
was selected to try the case in behalf
of the prosecution, while the interests
of the defendant are being looked after
by Attorney Joseph Scott
January an unseen hand snuffed
out the life of Cresello and the tragedy
remained a mystery until a few days
later when Rogeros was arrested at
Santa Paula.
With the death of Cresello as the
immediate result of a knife wound
still mystery Rogeros said to the
officer who arrested him, "rhis is the
knife 1 did it with"
Frank John or John Frank was the
name given by the first witness called
by the prosecution. Frank John or
vice versa is the prosecutions main
witness, and his testimony yesterday
was decidedly against the cause of the
defendant.
Quarrel After Wine
On January Jack Cresello, Frank
John, Guasta Mistieri and a barber,
whose name is unknown to the officers.
gathered in a wine room at 1856 San
Pedro street and jollifcation ensued.
John testified that Cresello accused
him of stealing $25 from his person.
Subsequently Cresello temporarily re-
tired to another room and John COM
municated the assertion made by Gre
sello to his friend Rogeros.
Words passed between the men,
whereupon Creselo is said to have
threatened to kill both the defendant
and the witness.
At this point in the controversy in
the little wine room John testified that
the defendant drew a knife from his
belt and as a challenge to mortal COM
bat he threw the weapon on the floor.
The deceased and the defendant then
clinched, but they were separated by
the non-combatants and they left the
room together apparently on friendly
terms.
The witness next saw the deceased
4, ,f6 onnarnnflU In
drunken stupor, and as he attempted
tc assist the deceased to his feet
passing pedestrian inquired as to his
condition.
Still convinced that Cresello was
under the influence of liquor and not
for a moment suspecting that the
silent hand" had snuffed out his
friends life. John carried the dead
man to a nearby shed.
william w. Walker, an undertaken,
testified that knife blade had pierced
the various articles of clothing worn
by the deceased and that the blade had
entered the body,
DIR. George w. Campbell, who per-
formed the autopsy on the body OF the
deceased, also testified.
Tells of Confession
Officer Hugh Dixon, to whom 1t is
alleged the defendant made a confess
sion, was the next witness. Dixon
took the defendant into custody at
Santa Paula on January 7 last, Rogeros
having previously been arrested by
Sheriff Martin of that county.
When Sheriff Martin handed Ofiicer
Dixon a knife which he had taken from
the person of the defendant, Rogeros
reached down into his back pocket and
pulled out another weapon.
According to the officers testimony