Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1912-12-24
MANS[AUGHTER
| IS THE VERDICT
JOHN D'ANGELlS FOUND GUILTY
AFTER TRIAL OCCUPYING ALL
DAY AND PART OF NIGHT.
HE KILLED NELS BURKE
The Tragedy Occurred at Moore on
October 20, When the Decedent and
Two Companions Engaged in Alter.
cation With a Gang Of italian Sec.
ton Men.

The trial of John d'Angelis, charged
with the murder of Nels Burke at
Moore on October 20 last, was begun
in the district court Friday morning,
and just before midnight of that day
the jury returned verdict of man.
slaughter.
Given the Limit.
dAngelis appeared for sentence yes
terday afternoon. II. i. DeKalb brief
ly addressed the court, asking that
leniency be shown the prisoner and
referring to some Of the features in
the case.
Judge Cheadle remarked that he be-
lieved the jury had already been too
lenient in returning verdict of muir
der in the second degree, although he
did not wish to be understood as Of
fering any criticism of the jury. As
a lawyer, he considered that the crime
was murder in the second degree.
The court recalled that when the Mil
waukee and Great Northern were
building through the county there
were twelve homicides in two years
and the punishment in most of those
cases was light. The taking of human
life was very serious thing and peo-
pie must be protected. In this case
the provocation for the shooting was
very slight and there was no justifica-
tion for the taking of human life.
He then imposed the extreme
penalty, ten years in the penitentiary.
Belden & DeKalb appeared for the
defendant, while County Attorney G.
J. Marshall and Assistant County At
torney Stewart McConochie represent
ed the state.
The task of selecting jury proved
an easy one, as few of those called
into the box knew anything of th4
facts. The defense exercised it's per-
emptory challenges freely, excusing
ten, while the state challenged but
three. Before the noon adjournment
twelve men had been accepted to try
the case.
The Jury.
AS finally sworn, the jury was made
up as follows:
O. r. Beatty, e. F. Cobb, G. w
Cook, V. f. Dusek, e. NJ. Drinkard
f. A. Foster, J. l.. Martin, J. M. Smith
A. III. Smurr, G. A. Steel, ]. II. Surpre
nant, ]. C. Young.
AS nearly all OF the witnesses, both
for the state and the defense, were
Italians speaking very little English
Achille TOgnetti was sworn in as in
terpretor, discharging his duties per
fectly.
self-Defense Claimed.
On the day of the tragedy, Burke
and two companions, who had beer
working with threshing crew ant
were going to the Grass Range sec
ton, were at Moore. They did some
drinking and in the afternoon wen
down by the railway tracks ant
sought admittance to a rooming house
There was no one in the house a
the time and, after knocking, one o
Burkes companions pushed in a door
This was seen by some Italian section
men near by, and when Burke Wen
down to them and asked the foreman
an Italian, where the people OF thu
rooming house were, some alteration
arose, which ended in Burke knocking
the foreman down. This man Is al
uncle of the defendant, and folloWin,
the encounter, some of the italians
took up guns and began firing. Burk
was killed in the fusillade, while on
of his companions was shot In tn
arm, the third man escaping unin
| jured.
The plea of self-defense was pu
forward by the defense and was sur
ported by considerable evidence.
The jury was out about an hou
and a half, returning verdict Q
manslaughter.