The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1912-01-12
Italian Spent Restless Night
and Apparently Was Stun
ned When Informed of
the Verdict.
SELF DEFENSE WAS
PLEA OF PRISONER
State Charged Murder in the
First Degree La Penna
Shot His Cousin, Tony,
Last November.

The jury in the case Of the stat0
against Mike La Penna found him Inc
nocent of killing with premeditated
malice his cousin. Tony La Penna, at
the Elliott. Reid Fence factory. West
Richmond. November Z. The verdict
was returned today.
The verdict of acquittal was reach-
ed about 10 o'clock Friday on the fif.
teenth ballot and after the jury had
been in it's room. since o'clock yes
terday afternoon. The jury on previ.
GUS ballots was divided. the senti-
ment of some being that he was guilty
Of manslaughter. It was perceived
early by the jury that the verdict
guilty.
Until last night La Penna had great
confidence in acquittal. but misinter-
preting the warning of his attorney.
Henry U. Johnson. who had said, "you
he worried himself almost sick last
night and when he appeared in the
courtroom Friday morning to hear the
verdict. he appeared to be pale and
weak and somewhat unnerved.
Appeared Stunned.
When he was found not guilty he
was for a few moments, apparently
stunned. As soon as he comprehend
ed the full import of the verdict he
! rose to his feet and with his crutches
hobbled to where his friends were sta
toned In the court room. He did not
personally thank the jury ip the court
room. AS soon as quiet had subsided
ths court formally dismissed ths
charge against La Penna.
La Penna's plea substantiated by
many witnesses, was self defense and
personal contradiction Of evidence
which the state introduced. showing
how the killing took place. The state
| charged that the accused man had
gone to Tony La Penna, when the lat
ter was changing his clothes at the
fence factory, preparing to go to work
and shot him down in cold blood. The
motive Of the crime alleged by the
state was that the two had quarreled
over a woman.
The defendant told the jury he had
been threatened by the dead man and
also told his friends he would kill the
accused. Other witnesses for La PEN
ma verified his statements. La Pen.
ma said that when he met his cousin
in the entrance of the machine and
fence storage room on the night OF
| the murder, he went to his cousin, who
| was standing up changing his clothes
and demanded an explanation for his
threats. He said Tony turned, put his
hand to his hip pocket and led him to
believe he was about to carry out the
threats he had previously made. In
order to save himself, he said, he fired.
La Penna said he knew his cousin was
in the habit of carrying gun. but
he did not know that on the night OF
the killing Tony's weapon was In his
coat pocket several feet away.
In addition to having . strong de-
| fense, La Penna's case was, aided
greatly by the argument of his attor-
ney. He SO carefully analyzed every
bit of evidence, whether introduced by
the defense or state, to be favorable
to the contention of his client that IL
made a great impression. As q mat
ter of fact he argued that by the evil
dence of the state itself, one Witness
contradicting another, the Italian WA
not guilty as charged.