Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1910-01-06
WINDSOR COUNTY COURT.
Italian Convicted Of Murder Gets a
Life Sentence.


+ the past week Was the murder trial OF
State vs.. Francisco ,Calabretto. The ease
was set for trial on Monday afternoon,
Dec. %. and when the time arrived
both sides were ready. Pasquable Rieci
OF Rutland was sworn as interpreter
and through him the respondent was
arraigned and pleaded not guilty. The
charge was that on Sunday evening,
November 30th; the respondent murdered
one Battista Cruso, by shooting him. A
1 Jury was obtained in a little over an
hour; the panel consisted of Geo. Badger,
Pomfret; Geo. L. Smith,, Royalton; II.
l.. Farr, Rochester; w. s. Burgess,
Sharon; Arthur Leavitt, Bethel; Fred r.
Crawford, HaFtland; John B. Sawyer,
Stock bridge; j. H. Perham, West Wood
stock; w. II. Reed, Elmer Freeman and
Elmer Sherwin, Woodstock; VIM. A.
Merrill, Weathers6eld.
The state opened the case with evidence
from DR.. Chas. F. Dutton of the state
laboratory and his assistants, whose testi-
mony was regarding the post-mortem ex-
animation of the body of the deceased.
Two bullet wounds were found; one q SUI
perficial wound where the bullet lodged
in the muscles Of the back; the other bull
let wound was in the abdomen where the
bullet entered aud penetrated to the left
groin. This wound was the cause Of
death.
1t appeared that about a mile and half
from the village OF Springfield there is be-
ing erected an automobile factory. The
work was being done by a gang OF Ital-
ians. On the evening of Sunday, a row
took place, and In it the deceased was
killed, The testimony of the state tend
ed to show that the respondent had made
threats regarding the deceased and that
the two had some trouble on Thanksgiv-
ing night, one witness saying the cause
Of the troub BILE was as to who should be
"boss" OF the camp. Four shots were
heard fired during the disturbance, and a
few minutes after the firing was heard,
the respondent appeared in the shanty
here a young Italian boy was the only
occupant. The respondent handed a re-
volver to the boy asking him to take out
the empty shells. The boy took the re-
volver and removed four empty shells.
Mrs. John Niles, who lived in the house
on the land where the barns were used as
camp, testified to hearing shots and see
ing the respondent pass by the house
with revolver in his hand. II appeared
also from one witness that respondent
fired four shots and another Italian, now
under arrest, fired three shots. From
this II was argued that the Jury could not
say beyond a reasonable doubt that the
respondent fired the fatal shot.
Five or six OF the Italians present at
the time OF the killing disobeyed the sub
poena and left this part of the country.
The respondent put in no evidence in
defence but relied on the evidence given
by witnesses called By the state. The
coat worn by respondent was placed in
evidence showing that it was badly cut in
the back and respondent received long
cut in his back, as though made by
razor. The wound had to be sewed up
by the doctors who we're called at the
time OF the affair. Some OF the witnesses
swore that the deceased man was in the
crowd at the time OF the row, and was
welding an axe. From this il was
argued that respondent may have fired in
self-defence.
The case went to the jury on Thursday
afternoon.
States Attorney Buck and Attorney
General Sargent appeared for the prosecu-
ton and e. B. Finn and Arthur @.
Whitman appeared for the prisoner.
Judge Miles gave very clear, impartial
charge, defining the different kinds OF
killing and explaining what verdict
might he rendered. About half past
four, after an absence Of an hour, the Jury
returned with verdict OF murder in the
second degree.
A motion was at once filed to set aside
the verdict on the ground that it was
against the evidence and the weight of
the evidence.
On Thursday late in the afternoon, the
companion case Of State VS.. Antonio Lo-
prettl was taken up and a jury was en-
panelled. This respondent was charged
with an assault with intent to kill and
murder. On Friday morning the re-
spondent retrseted his plea OF not guilty
and pleaded guilty OF an assault with in
tent to kill. The state moved for SEN
tence, and the court sentenced Lopretti to
Imprisonment in states prison not less
than two years nor more than three years.
The next case taken up was state vs..
Salvatore Righito, who was charged on
information with endesyoring to incite a
witness in the Calabretto case TO commit
perjury by swearing that some other per-
sons killed the deceased and not the re-
spondent Calabretto. This witness one
Fidele Crusco-a brother of the man who
was killed-testified that Righilo offered
him 800 to say some other persons did
the shooting. Respondent denied so
Offering. The case went TO the jury Fri
day afternoon and verdict OF not guilty
was returned. States Attorney Buck
prosecuted; f. B. Finn defended.