Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-03-12
With a Bare Suggestion Of In
sanity His Defense is
Now Completed.
DEATH OR IMPRISONMENT
When Verdict is Returned Penalty
VIII be Fixed as Provided by Law
--Tosti Believes Him Insane.
BULLE1TN--Alia, the Denver as
sassln, was found guilty this afternoon
and sentenced TO Death.

Denver, March 1g.-With a bare
suggestion of masked epilepsy" as
his only defense, Giuseppe ALA awaits
stclcally the result Of bis trial on the
charge of having murdered Father
Leo Helnrlchs, whom he shot down
at the altar in st. Elizabeth's cath
Ollie church in this city at early mass
Feb. 2S last. after receiving at his
hands the sacrament and splitting 1t
out OF his mouth.
The evidence for the defense was
completed yesterday. Only two Wit
nesses We're called and but one of
them, DR.. Baron G. Tosti, the Italian
consul testified that ne considered the
slayer of Father Leo insane, basing
this opinion upon the fact that the
murder was without apparent motive.
No explanation of Alias terrible act
other than that given by him in his
various conflicting statements made
In jail, was offered and no evidence
of any plot against Father Leo or
priests in general has been presented
al the trial.
The case was given to the jury to-
day after brief arguments and instruc-
ticns. Should the jury fiRd the pris-
oner guilty of murder in the first de-
gree, 1t will fix the penalty at hang
ing or life Imprisonment, as provided
In such cases by the state law.
PRECAUTIONS TAKEN.
A special guard of armed deputies
was stationed in one of the side rooms
of the courthouse this morning, but
there was no demonstration or apparent
reason for this precaution.
In his instructions Judge Whitford
informed the jury 1t could find YER
dict of murder in the first degree, MUIR
der in the second degree, voluntary
manslaughter or not guilty. He then
defined the meaning of the law in re-
gard to murder in its various forms.
INSANITY SHOULD ACQuIT.
IF the jury entertains a reasonable
doubt of the sanity of Ala at the time
of the commission of the act" Judge
Whitford said, 1T should acuuit the
defendant. But If the jury believes
the prisoner to have been OF sound
mind but carried away by passion or
revenge and not influenced by an I'M
sound mind, II should convict"
In regard to the experts who testified
as TO Alas mental condition, the court
instructed the jury that while such
testimony was pertinent 1t was mot
necessary for the jurors to place more
credence on their testimony than they
would place on the testimony of other
witnesses.
1t took the judge 30 minutes to read
his instructions, which We're confined
TO the law in the case.
THE DEFENSE ARGUES.
First Assistant Dist Atty. John C.
Hiles made the opening address for the
state. He asked the jury to find a
verdict of murder in the first degree.
He reviewed the testimony to show
that the murder was wilful, malicious
and premeditated
Robert II. Widdicombe, attorney for
the defendant, dwelt on the fact that
the state presented the evidence of ex-
perts to show that the defendant was
sane when the law itself presumed him
TO be sane. This action was taken be-
cause Alias act was one to indicate to