Amador ledger., 1910-12-16
MURDER CASE
is BEING TRIED
Drytown Crime Is Heard
In Superior Court

is charged with the murder of Stefano
Fistori, which occurred on the night of
November 25th in Drytown.
The prisoner sat beside his young
wife, In the dock, the latter with a
baby girl, not year old. He appeared
Indifferent to any of the questions
asked by the attorneys who were try
ing to select the jury.
Sampo seemed the most unconcerned
man in the courtroom, when the dis
trict attorney asked each juryman if
he had any scruples as to the inhiction
of the penalty of death.
At six o'clock on Monday evening,
only two jurors had taken the oath in
the panel box. and Judge Woods, after
admonishing his jurymen as to their
conduct, while at recess, ordered that
they appear again at z o'clock The
defendants counsel, Ernest Spagnoli
informed the court that if continu-
Gus night session was to be held
throughout the trial, he desired to
enter an objection.
The judge thereupon stated that it
does not make any difference whether
you object or not. This county is
under heavy expense in holding all
these jurymen here, and shall order a
night session until the selection Of
tho iI1rv 10 oompIatod
Yesterday morning, with eleven
jurors sworn, and the twelfth passed
by attorneys on both sides, a request
was made by the defense to allow an
extra preemptory challenge to be ex-
ercised on any one of the already
sworn jurymen. 1t was requested that
the court exclude all jurymen for a
period of five minutes to allow defense
to present certain facts which they
did not wish the jurymen to hear, as it
might harm defendants cause. A
recess was declared and the court in
formed the attorneys for the defense
that if anything had come to their
knowledge that was detrimental to
their client, concerning any individual
jurymen, he would hear the complaint
privately. The defense exercised the
extra challenge and removed VIM.
Green, who was the last to be ex-
amined. James Mushett was then
selected, and completed the panel.
The jury of twelve impartial men
was completed Thursday noon. After
examining 70 talesmen--tifty on the
regular venire and two special venires
of ten each. A number of those ex-
amined were unable to qualify on ac-
count of having conscien ious scruples
against the death penalty.
Following is the list of men selected
to try the case
]. W. Joses, Virgil Norton, Edward
Shealor, R. o. Mexican. Thos. J.
Burrows jr., Eric Schmidt, j. H.
Griffin. W. H. Taylor, j. L. Cox, L.
A. White, H. C. Hamrick. James
Mushett.
Thursday afternoon the taking of
testimony was commenced. Miss Eva
Cavallero, proposing and remark
ably bright and intelligent girl of Is
summers, testified; l live in Drytown
with my parents, who keep boarding
house. | am acquainted with defend
ants, also acquainted with the de-
ceased, Stefano Pistoni. Saw de-
PENDANT, Giaeomo Sampo and his
brother George at the boarding house
that evening, also the co defendant
Stefano Cont. They were not board
ers, but took supper there that even
ing. Deceased Pistoni was boarder
and ate supper at the same time. l
went for the mail and returned about
eight, returning in about twenty
minutes. The parties were there in
the kitchen when l got back; they
were chatting among themselves
about their work. After while they
started dancing, with an accordion as
music. danced with the two Sampos,
with Cont and Piston. The trouble
commenced while dancing with Pts
toni. George Sampo came and called
bad names, and struck at Pistoni
Deceased said he did not want to fight,
and quit dancing and went out by the
back door. George Sampo and Cont
went out by the front door five or ten
afterwards; defendant stayed
in the house. About half an hour
George returned, and said, Come on
brother, we might as we'll kill him
now, We are not scared. Saw Pts
toni in bed afterward about IL o'clock.
He seemed to be asleep. Knew of his