The Elk Mountain pilot., 1908-03-19
PLEA OF INSANITY DOES NOT
SAVE MURDERER OF CATH
OLlC PRIEST.
JURY AGREES QUICKLY
NO APPARENT PROSPECT OF AN
APPEAL IN HIS
BEHALF.

Denver.-GiuSeppe Ala, murderer OF
Father Francis Leo Heinrichs, must
eXpiate his crime upon the gallows. He
was found guilty Thursday by jury
in the West Side Court OF murder in
the first degree, and the verdict fixed
death as his 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 first
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
justifabln homicide or manslaughter.
he declared. but contine himself to
murder. first and second degree.
To show malice Attorney Chiles
quoted Ais troubles with the Italian
priests. to prove premeditation he re
ferred to the shar1tened bullets. and in
answer TO the defense OF larvel epilepsy
he called the jury's attention to the
fact that The 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
man who kills another without provo
cation Is insane. He closed by asking
a verdict OF murder in the frs; degree.
Attorney Widdicomb made as the
main points of his address the fact that
the district attorney suspected insan-
ity by anticipating such "A 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 A.
Moleen he quoted as authority for the
statement that an attack OF masked
epilepsy may last only an infinitesimal
VI
Only two explanations could be of
fered for the killing. said Attorney
widdicomb. insanity or anarchy. There
was absolutely no testimony to confirm
the latter supposition.
Attorney Widdicomb said that only n
crazy man would sharpen bullets. as
the manufacturers made them so that
they would be most effective. and no
bullets were ever manufactured with
sharp end points. He closed without
asking for any particular verdict.
District Attorney Stidger answered
the arguments OF defendants counsel
in regard TO the sharpened bullets by
saying that this testimony was intro
duced solely for the purpose of prov
ing premeditation.
But" he added. Il do not think that
II need necessarily be the act OF y dis
ordered mind. There il something
deadly in suggestion even to any mind
in sharpcned bullet. The defendant
is an ignorant man and would not
know that sharpened bullet is not
as deadlS as a dull one"