The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1908-03-13
EVIDENCE ron STATE AND De:
FENsE is AL in AND CASE
READY Foa ARGUMENT.
EPILEPSY IS PLEA
HLarveI Epilepsy" a New Form Of In
sanity, Il Bulwark Of the Defence
Delays Are Not tolerated and Alto
Il Not Put on the stand-verdiet
Expected soon.

10 MOI S0t on tUe esNsSe
Expected soon.
Denver, March 1.-THE hearing Of
evidence in the trial Of Giuseppe Alto,
charged with murder in killing Father
Francis Leo Heinrichs at the altar in
ST. Elizabeth's Catholic church on the
morning Of February % last, was con-
cluded this afternoon.
The prisoner himself was not placed
on the stand and the defense called
only two witnesses, Dr.. Joseph Cuneo,
formerly Italian consul in Denver, and
DR.. Baron Gustavo Tosti, the present
local representative Of the Italian gov
eminent. Both testified rs physicians.
although DR.. Cuneo acknowledged
he was not an expert on mental dis
eases. He testified that he had not
had time to form an opinion on the
sanity Of the prisoner. while DR.. Tosti
said he believed Alio was insane from
the simple tact that he had killed his
victim without a motive.
No evidence that Alto was an an
archist or that he had ever been q
member OF any sort Of society, or
even that he had been q reader Of an
archistic literature, has been adduced
during the trial.
Tomorrow morning the attorneys
on both sides will make brief argu-
ments and the Judge will deliver his
Instructions. It is believed the case
will 60 to the jury before noon to-
morrow.
-Four physicians Of acknowledged
regulations as afienists testified posi-
lively yesterday that in their opinion
Auo is absolutely sane and in full
possession of his mental faculties and
was SO when he shot the priest in st.
Elizabeth's cathedral Sunday, Feb
ruary %, after receiving the ssacra-
ment at his hands.
When court reconvened today three
other experts who have examined the
prisoner were ready to give their ties.
tlmony to the same effect.
When the district attorney complet-
ed the examination Of the alienists de
announced that the case was closed
for the state.
Cross Examination.
In the cross examination Of DR..
George L. Nuhous one OF the prosecu.
TONS experts, 1t became evident that
the defense 10 to be "larvel epilepsy
otherwise known as masked epilep.
~" a condition similar to the brain.
storm" theory developed IN the Thaw
case. Attorney Robert H. Waddi,
connie. for the defense, tried to estab.
fish by DIR. Nuhaus' testimony that
Alio might have suffered from this
form Of epilepsy. He demanded Ia
know Il with his two short examina
lions Of Alto, lasting in all less thar
four hours. and with no corroborative
Information as to the life Of the de
fendant. the doctor could be sure
that the prisoner might not be SUI
fering from "larve1 epilepsy"
DR.. Nuhaus testified positively tina.
his examination gave no indication o,
such q condition. The other expert.
OF the prosecution were r1gidly eros.
examined for evidences Of "larvel ep
ilepsy." but all denied that they fount
any evidence OF it in. the prisoner.
Immediately on the conclusion o
the case the state attorney asked 70
IN adjournment until 2 o'clock, whic]
was granted.
Defence Begins
At the afternoon session Attorne
Widdecombe, for the defense, In hi
opening address, which was brie,
stated that the prosecution had to
certain extent. anticipated the defens
In introducing evidence In regard I
the sanity Of the accused. He sal
that the only possible defense was /,
sanity. II he could show that t
defendant was suffering from larv,
epilepsy. It would be the duty Of Ii
Jury 70 acquit him Of murder. n
aid he would put on the stand a vi
ness to explain what larvel epilepe
means.
The first witness called Tor the d
Tense was Dr.. Joseph Cuneo, form,
Italian consul in Denver. He ties,
ned he had made an examination
Alto as to his sanity. The prison,
told him he knew Of no epilepsy
his family but he had had brain few
and had suffered from headaches Z
the past two years. On one occasio
before he left italy, he. said, he b
came dizzy and fell to the ground
m unconscious condition. Asked
Dr. Cuneo II he had ever had any d
lusions, Alto told him that at mig
he sometimes saw red and yelle
lights and sometimes shadows viii
terrified him. Alto told him that o
9of his sisters had killed . man
oause ~ had betrayed her.