The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1908-01-24
CASE
GOES TO JURY
MURDER TRIAL CONCLUDED IN
DlsTRlcT COURT.
YER DICT REACHED
Deputy sherls h Of Laurel TELLS Of Al.
resting % endant and Of Ills Denial
Of euIlt-Make Lengthy and Able
Arguments.


Of Guilt-Make Lengthy and Able
Arguments.
From Thursdays Daily.
The case u which Robert vanella Is
charged with murder in the first de-
gree, it being alleged that he killed
Rafael Orasio, was given to the jury
last night after a short evening SEES.
sion Of court was held. At an early
hour this morning the jury had not
arrived at a verdict, and q hung jury
is predicted by many who have watch
ed the case.
The trial has attracted an unusual
number Of spectators. and all day yes.
terday seats and even standing room
were in demand. Objections by atto,-
neys to the evidence introduced BY
each side were frequent, and q legal
battle between the attorneys for the
dfense and prosecution waged all day
with as much heat as on Tuesday
W. r. Yves tbrook was the first wit
ness examined when the trial was re-
sumed yesterday morning. He testi-
fed to Vanella's actions at Laurel the
day Of his arrest and of how he visit
ed him and informed him that he
wanted to purchase some lots Of him.
euria Testifes.
Deputy Sheriff Ed Burla of Laurel
told Of arresting Vanella as he was
about to board a westbound train
with a ticket for Butte in his pocket.
He said that when he threw his gun
down N Vanella, he exclaimed, Il
didn't kill that man." or words to that
effect and that later he told him that
he was going to write to a friend Of
his in Billings. and If everything was
all right intended returning and CIV
ing himself up to the authorities.
Burla said, .Vanella explained that
he and Oraslo were drinking together
On the evening that the latter was
killed, and that Orasio had trouble
with a couple Of men from Idaho,
whom he be lieved had something to
do with the killing. He also told me
that he had walked from Billings to
Laurel the day after Orasio was
killed."
DR.. Andrew Clark testified to per-
forming an autopsy on the body Of
Orasio and Of removing a bullet which,
he said, caused his death. He said
that he did not think Orasio lived
more than five minutes after he was
shot. 4
Could Not Identify Stranger.
Andrew K eidt, a saloonkeeper Of
Laurel, told Of a stranger coming into
his saloon the day after Orasio was
and Of his taking a drink and
then picking up a newspaper and
reading som thing that. evidently dis
pleased him. On cross-examination
he said that he could not identify Va
nella as being the stranger.
At the conclusion of Kreidt's testi-
mony the prosecution rested its case
and Attorney Hathhorn made a brief
OF what the defense would
seek to prove to the jury.
The defense introduced Joseph Fava
and Michael Fava as witnesses, and
but little wa $ proven by them. James
Baldisero and Albert Brunswick tes-
tilted as to their names ana foccupar
tion, but got no further, as they were
introduced 81 the defense to prove
that orasio was Of q quarrelsome dis.
position and Of q bad character, and
Judge Fox ruled that this evidence
was not permissible unless self-de-
Tense was the plea.
Seek to impeach.
Ofacer James Lavelle was called to
impeach the testimony Of Vince Ian
dry as to the positions he and La
velle occupied in the alley after La
velle fired two shots at a man whom
he thinks was Vanella.
The deposition Of DR.. J. 8. Morning
of New Yor k city, who was the fam
lily physician when Vanella was a
boy, was read and all but the part rel
alive to the defendant being Of good
character and that the doctor did not
think he would commit a crime, was
stricken out
Charles Taylor, deputy county at
torney, ope ned the argument for the
prosecution and reviewed the testi.
mony of all the witnesses and In an
able argum ent asked for a verdict Of
guilty in the a
Attorney Hathhorn conducted the
argument Tor the defense and In an
argument which lasted fully two
hours went over the testimony OF ev.
cry witness, during which he alleged
discrepancies, animus of witnesses
against the defendant and often re
sorted to sarcasm to make his plea
effective.
Pleads Fairness.
County Attorney Wilson closed the
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