The state herald., 1908-03-20
SENTENCED TO :
The CALL0WS
PLEA OF INSANITY DOES NOT
SAVE MURDERER OF CATH.
oLlc PRIEST.
JURY AGREES QUICKLY
NO APPARENT PROSPECT OF AN
APPEAL IN HIS
BEHALF.

Denver.-Giusepp Ala, murderer Of
Father Francis Leo Heinrichs. must
expiate his crime upon the gallows. He
was found guilty Thursday by jur'
in the West Side Court of murder il
the first degree, ard the verdict fixet
death as bis punishment for the helm
GUS crime of February 23rd.
The verdict was reached by the jury,
which TO, two days heard evidence in
the case, after deliberating but little
more than an hour. Only three bal
lots were taken, it is said, the first
being 10 TO for murder in the fAt
degree, with the death penalty, the Sec
ond IL to ], and the third unanimously
for the infliction of the death penalty.
When the clerk read the finding OF
the jury the prisoner exhibited little
concern.
Ala merely shrugged his shoulders
when Interpreter Gustav Mattel told
him of the verdict and murmured in
Italian. is that so?"
Assistant District Attorney John
Chiles made the opening argument for
the people. The case. he said, was one
which should be decided without heat
or prejudice. He would not discuss
justiiiabic homicide or manslaughter.
he declared, but confine himself to
murder, first and second degree.
To show malice Attorney Chiles
quoted his troubles with the Italian
priests, to prove premeditation he re-
ferred to the sharpened bullets. and in
answer to the defense Of larvel epilepsy
he called the jury's attention to the
fact that he instructions did not recog-
niZe that defense. Dr. Joseph Cuneo.
he declared. admitted that he was not
an insanity expert. and Baron Tosto
had no substantiation of his theory
that Ala was insane other than that a
man who kills another without provo
cation is insane. He closed by asking
verdict of murder In the frs, degree.
Attorney Widdicomb made as tho
main points OF his address the fact TINT
the district attorney suspected insan-
ity by anticipating such defense in
his main case, and that Ala suffered
from masked epilepsy The state al.
ways presumes n defendant sane until
proved that he is not. The act was so
unnatural that insanity was the only
explanation. The state also required
Ala TO give information TO be used for
his own conviction. DIR. George 4.
hbltfH lt ihoA'h NH'
statement that an attack of masked
epilepsy may last only an infnitesinD
period OF time.
Only Two explanations could be Of
fercd for the killing. said Attorney
Widdicomb. insanity or anarchy. There
was absolutely no testimony TO confirm
the latter supposition.
Attorney Widdicomb said that only
crazy man would sharpen bullets. az
the manufacturers made them so thnt
they would be most effective, and m
bullets were ever manufactured with
sharp end points. He closed without
asking for any particular verdict.
District Attorney Stldgcr answered
the arguments of defendants counsel
In regard 10 the sharpenod bullets by
saying that this testimony was intro
duced solely for the purpose OF prov
ing premedltntlon.
But" he added. Il do not think that
II need necessarily be the act OF dis
ordered mind. There is something
deadly In suggestion even 10 any mind
In sharpened bullet. The defendant
is AN Ignorant man and would not
know that sharpened bullet is not
ms deadlS as duh one"