The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1917-05-19

ness and deceased was due to Mis-
tretta's refusal to permit his l5-yeaf-
Eold sister-in-law,- Marianiqa, to marry
Ispa1npinato, who wasa widoWer with
five young children. 81
I One Sunday mornings. said Mis-
tretta, while he was leaning against
post at the corner of his store,
Spampinato came along IN his ice
wagon, and, driving up close to Mis-
tretta, said, sYou------- I'll get you
yet" Later John Sansoni came to
Mistretta and told him he had talked
with Spampinato concerning the trou-
Bile existing between the two men
that Spampinato had refused to make
friends with Mistretta unless the lat
ter permitted him to marry Marianina
or give him $500, and had declared,
if Mistretta reported the matter to
the authorities and had Spamplnato
arrested, he would get out on bail and
proceed to exterminate the entire
Mistretta family and burn their prop
erty. >&f1
Again, on the night OF April II,
said the witness, while he and ms
brother were on the sidewalk in front
of their store, Spampinato had shot at
them, firing twice from q distance OF
about 10 feet and then running off.
Concerning the events Immediately
preceding the tragedy Of the next
morning, Mistretta's story conceded
with that of Charles Jackson's, except
that he stated when he came out OF
his yard with a shotgun Spampinato
thrust his right hand into the waist
band of his trousers as though to
draw a weapon, whereupon he 1.-THE
accusedl fired in the belief that his
life was in danger. On cross-exam-
ination by the district attorney, Mis-
tretta admitted that he had not told
the sheriff or other officers who hac
been doing the. shooting around his
store. He said he had sent Marianne
to Chicago March 16, 1916.
Wesley, Butler, colored, corroborat-
ed Mistretta as to the threat made by
Spampinato, and John. Sansoni af-
frmed Mistretta's testimony regard
ing the talk, which he {Sansoml had
had with Spampinato and subse-
quently related to Mistretta. The
district. attorney learned from San
SOM that he had waited three or four
days before telling Mistretta what
Spampinato had said. Witness claim
ed to have been agood friend of the
deceased. 5s,r,.s-z.,g, ~. #sssz5,t -.
Gaetano Mistretta said he was in
the store on the morning of April Ii
when he heard two shots. Looking
out he saw his father with shotgun,
whereupon he rushed into the store,
secured al pistol, and, going to the
scene, shot twice at Spampinato. He
said that on the morning of Feb. S,
while on his way to school, he passed
Spampinato, who leaned out of his
wagon and said to witness, "1'N get
you" At another time, he said,
Spampinato came to the school to
deliver ice, and, sitting in his wagon,
looked at witness through a window
with an expression Of rage, crashing
his teeth the while, and then reached
under a seat and produced a revolver,
which he placed in an inside coat
pocket. The boy accounted for be-
ing at home on April 10. which was a
Friday, by saying holiday had been
given the pupils Of the school that
day.
Alfred Landry, Jr., a schoolmate Of
young Mistretta, corroborated the
latter's testimony regarding the en-
counter with Spampinato and the
threat made by the deceased.
/ Madison Carroll, colored, saw
Spampinato at the corner OF William
and Houmas streets, one block below
the Mistretta store, shortly after 8
O'Clock the night of April IL, and
Sebastian Hidalgo, a white night
Waterman, observed the deceased near
the corner of William street and Rail
road avenue, walking in the direction
of his home, a few minutes after
hearing the sound of several shots.
Alfred Franklin, alias 4 Pretty,
swore that he saw Spampinato shoot
twice at B. Mistretta the night Of
Feb. 2, and that he had so inform
ed the sheriff when the latter inter-
rogated him a couple of days after
ward He declared that Spampinato
ran when Mistretta commenced shoot
ing, and that during the fusillade a
bullet from Mistretta's pistol had
passed through the sleeve of witness
coat near the3left shoulder. 4ftast' ~
A mass of evidence offered by the
defense concerning weapons alleged
to have been found in Spampinato's
ice wagon after the killing was ruled
out as inadmissibfe and did mot get
to the jury. No testimony of any
nature was given to show that de-.
ceased was armed at the moment he
met his DEATH yIaH sGtoa suSE. tsa
Adolphe Meter, Jasnain Tobias, h.
j.. fEcheverria and Paul Gisclard tes-
titled for the accused as character
.witnessesLaud gIaaa dtiM. -a91Es5s al
J sOntrebuttal, the state proved by
William, Smith that Spampinato had
taken a, drink in the Opera Cafe at
about Sri 5 o'clock the night of April
,12, near which hour Madison Carroll
testifying for the defense, had declar.
ed that he had2seen the deceased Turk
ing at the corner of Houmas and VIII
liam streets. &Ss ~
Sheriff Hanson was called to i'm
peach the testimony of the, defense
witness. Alfred Franklin. rsa He a.. de-
clared that Franklin had told him that
.Spampinato had not fired at the Mis-
trettas. the night Of Feb. 2, all of the
ShootinU haUing haan IONA hy r Mis-