The daily tribune., 1908-04-30
BAvORI CASE
GOES TO The
JURY TONIGHT

The court rested it's case in the
case of the people versus Tony Bavori
in the district court Canon City this
morning after examining two witnes.
es was re-opened and the argu.
ments presented to the judge aad jury
at 1 80 this afternoon. After the ar.
guments are made by the attorneys
Judge Bailey will instruct the jury
who will leave the court room until
they are ready to report tEeir deci.
sion. 1t is expected verdict will be
rendered in the noted case either late
tonight or early tomorrow morning.
this depending entirely upon how
much time is occupied by the lawyers
in the case in presenting their sides
Of the case to the jurors.
Judging from the testimony offered.
at this hour it looks like the jury
will return verdict Of guilty Of the
charge rs preferred, which is the
same rs rendering a verdict of volun.
tary mansiaughter. or that it will be
guilty of murder in the second de-
gree. II the first named verdict IL
rendered Bavori will be sentenced to
hang by the trial Judge, and IL the
verdict is murder in the second de.
gree, he will be sentenced to a long
term in the state penitentiary. That
the verdict will be either cne or
the other there is no doubt, and 1t
is ridiculous to presume that the
verdict will be acquittal.
The defense did not permit the
prisoner to go onto the stand and
they offered no evidence of any sort
Mr. Wilkes is making strong plea
for his client and the dis trict and
deputy district attorneys are making
strong argument in favor OF bring.
ing in verdict Of murder in the
first degree. claiming that the eyi.
dence offered by the various witnesses
is sufficient to warrant the jury of
finding thus.
John Miner WAS recalled to tho
witness stand this forenoon to iden-
tify revolver that had been found
in Bavori's shack down on the truck
garden after the disappearance Of the
men had been discovered and which
he Is supposed to have used when he
shot at Joe Minichiello. shooting
through the frame building. striking
him in the leg. woundinR him sufii.
ciently and then stabbing him to
death. Mr.. Miner testified that the
revolver was the one that he had seen
Bavori cleaning once or twice at
uiheicht tihcb
Sheriff Joe Esser was called later
in the morning aud was the last wit
ness for the prosecution. his testi.
mony completing the chain Of evi.
dence that the state had to offer.
Mr.. Esser's testimony WAS about the
same that had been published in The
Tribune at the time the case WAS at
fever excitement. and AS the details
are still so fresh in the minds OF the
public. 1t is hardly necessary to re.
peat 1t at this time. Sheriff Esser
told Of the attempt that Bayori had
made to free himself from his guards
n short distance from the shack when
they were trying to make him di.
vulge the burial places Of the vic.
tins. He told Of how Bavori had
chewed n piece Of the lid of tin can
out with his teeth. sharpened 1t on
the iron grateing Of his coll and then
slRshing the belt to which he WAS
hAndcufYed and Of his eff orts to try to
break away. and tho supposed plan
to murler the officers that day. AZ.
tor the plan was frustrated Bavori
lost control Of himself. jumped IN tho
air like q madmHp. fell to the ground
and laid there striking his head on
the rocks aud then again leaping to
his feot bit small cottonwood trce
In twain with his teeth.
TbJ Testimony Of tho throe Italian
otectivcs-Boseie Of Denver, Snndus.
Ky aud Fabrixio Of Pueblo-nll Of
whom had wrung u confession from