The Washington times., 1912-10-14
ELEVEN JURORS
ARE SEATED IN
M|LANO'S CASE
Extra Panel Necessary for
Trial of Shoemaker Ac-
cused of Murder.
(continued from First Page.)

4
up again and began to twist his mus
tache nervously.
At noon II was learned that Mrs.
Milano and her three little children.
who were summoned from Brooklyn. N.
Y, to attend the trial, the mother apl
daughter as witnesses, were without
funds to buy their lunch. Several fell
low countrymen were willing to bestow
their charity, but Attorney James +.
Kelly. one Of the counsel for the ac-
cused father, took the family to cafe
and bought them bounteous meal.
A fine legal point developed at the
outset of the trial. Daniel w. Baker.
former United States attorney, another
attorney for Milano. raising the ques-
tion that the code does not provide for
the summoning of additional talesmen
when the regular panel Is exhausted
The theory was combated by the Gov
ernment attorneys and Justice Stafford
took the Governments view, subse-
quently issuing the order for the extra
Venire of seventy-flve men.
In the examination Of the ta1esmen
put by Attorney Baker. who inquired
II the prospective Jurors had any
prejudice against the Italian race.
quite number Of talesmen were ex-
cused because they had conscientious
scruples against capital punishment.
Alienists On Hand.
Anticipating that the defense will
be based on a plea of insanity, the
Government had DR.. d. Percy Hick-
ling, Of the Washington Asylum and
jail, and DIR. Edward NJ. Brush, of
Baltimore. two well-known alienists,
in court to observe the defendant and
his actions during the trial. They sat
close to the prisoner.
Attorneys Kelly and Baker have not
yet announced their line of defense,
but II is understood that they will
attempt to prove an alibi for their
of this effort will resort to the plea
or insanity.
Fifty-eight witnesses have been sum-
moned by the Government to prove the
murder of the little Smith boy. The
prosecution will be based almost wholly
on circumstantial evidence. as the only
testimony thus far available, 1t is under
stood, simply proves that the lad was
last seen alive when he entered the
Italians shoe shop on the afternoon Of
September 8, 1911.
Miss Nettie Radelofr,. of Philadelphia.
who has been described as the woman
in yellow and wrongly so, according to
District Attorney Wilson, will be an
important witness for the Government.
She will testify that she gave the Smith
boy a quarter to get change. and that
he went into Milans place with the
money.
What happened in the shoe shop is a
OIL conjecture OF BubDlC1On. Inc
next morning the charred body Of the
boy with head battered in was found
lying on a couch. The lounge, as a
gruesome exhibit, is quite outside the
court room door. and will be brought
before the jury.
The defense has about a score OF wit
nesses, but Attorney Kelly says that
several Of the witnesses for the Govern
ment will give testimony for the de-
fendant.
His confinement in Jail for thirteen
months wrought great change in the
appearance of Milano. His hair has
whitened to a great extent, and his
military bearing. born OF service In the
Italian army. was conspicuously alb
sent. pallor has replaced the
was arrested more than year ago.
Assisting in the prosecution of the
case Is Assistant United States Attor-
ney s. McComas Hawken, who con-
Quoted the examination OF the talesmen
today.
Body Found in Debris.
Firemen poking among the debris of
q blaze In a cobblers shop at Fourth
and II streets northwest on the morn
ing of September II. 1911. first discov-
Elton Smith. the twelve-year- boy
alleged to have been the victim of
Tony Milano. Milano-"Tony, the shoe
maker" he had called himself-was
Evidence was brought to light by the
police that Mrs. Frances Hooper. of 4Oa
Milano's shop about o'clock the after
noon before the discovery of the boys
body. Mrs. Hooper said she saw
Milano choking some one In the rear
Earle Ahmay. fourteen years of age,
living at 1854 F street, next came for
ward and told Of seeing Milano. as he
thinks sitting on o,fdr. top Of sbna small boy boy
man was striking the boy. Fire Mar
shal Nicholson swore that the shop had
been saturated with kerosene. Maggie
Miano, the arrested mans six-year-old
"bambino," admitted having bought
cents worth Of coal oil at her fathers
command.
was probably the most dramatic event
which ever took place at public
hearing in Washington.
A frai Young girl, whose big brown
eyes were wild with horror and anguish
spranS at the accused man and gripped
him by the throat. IT was Myrtle
Smith. sister OF the little boy ALLEGED
the cobbler's shop. Five strong mer
we're necessary to pry loose the fingers
of the girl from the burly neck of Mi
lano.
That afternoon the coroner's jur!
brought in a verdict accusing the Ital
ian OF the crime OF murder and a month
later Miano tried to kill himself II
Jail by hanging.
Series Of Tragic Events
Meantime his wife had been driver
from her home for non-payment of rent
his children were starving and withou
protection from the cold, and he him
self faced trial for his life
But the murder. the attempt of Myr
tie Smith to strangle Mlano In the hear
Ing room Of the morgue and the at
tempted suicide OF Milano are not tn
only chapters in this procession o
tragic events A little later Miss Smith
taking medicine in the night, histook
bottle Of acid for a heart tonic and die
after much suffering.
On December 20, last, the grand jur
Indicted Tony Milano on the charge Q
murder in the first degree, The tru
bill contained three counts, one chargin
that Milano killed the little boy with
hammer, one that he used piece @
wood and the third that the "weapo
used is unknown to the grand jury
The exact manner In which the Smlt
boy net death has been matter G
conjecture ever since the tragic even
chat the fire might have been kindle
to cover up the crime has been the the
ory generally held, but why, MianC
as alleged, should first have clubbe