New Britain herald., 1917-10-02
DiVanzo and Bugone Willi| to Permit Court to Detl mine Penalty for knll
 SimOnelli.
PLEA OF GUILTY,
 LAWYERS INTEh

Those Circumstanccs-Cou
 fenced Bergeron, New Britain
 Who Killed New Haven Wonlnn
 Be Hanged at Wcthersacld.
 Especial to Hcrald.)
 Hartford, Oct. 2.-The trial,J Steve Dugone and John DiVan.os legged New York gunmen, chaIa with the murder of Raffaele SiiTl elli on Chestnut street last TueSl evening, opened in the crininalA Dcrior court today with Judge VI Case on the bench.
 Would Let Judge Decide.
 Lawyers B. w. Holden and Will F.. Egan, counsel for the acc1 have expressed desire to have clients enter plea of guilty an4e. the court decide the degree of nRrI Under this system the jury is sHs pensed with, but otherwise the $yI proceeds practically as usual Al4 evidence and testimony for bpth1 accused and the state is intrCd4e and it is left to the dfscretioAhe| the presiding judge to pass upofXha case and from the evidence i1at duced determine the degree of gtNb&M whether the accused are guilty 0f2nI degree murder or second degree IR der or manslaughter. Lawyer 3xN den, realizing that the state has Hh ponderance of evidence against &f clients, has expressed a desire for&tN kind of trial believing that it&y| save the state considerable ttGJ3TU expense. Judge Case excused 3fe/ jury and states witnesses ttNd o'clock this afternoon pending III cision as to what method of triRAM be followed.
 1 States Attorney Hugh M. <! has been supplied with twenaP ! witnesses from New Britain alofllk 1 say nothing of undisclosed eHtB 1 that has been secured by t#Q40l police and local detectives among the New Britain with S 1 ono man who claims to hAxSE3EI I two suspicious individuals id1H3t. Chestnut street at 6 o'clock M0{T
 night and hemight be able to idef3 1 the prisonerE as the pair. AM4t l witness for the state claims to lk l seen the actual killing and Is
 pared to testify that one of the men fired bullet into SimoMf ] body after he had fallen, bleedin3I | dying, to the sidewalk from thelfA ] shots. A small boy who was wa
 for his father almost where lf ] i murder was committed and who'll 1 he saw it all, has also been locl ! In addition there arc several " !; women witnesses who have Gt /, direct or corroborative testimonl1 : give. {, May Establish Precedent. : Should it be decided for thA
 'cused to plead guilty and go t0f
 without jury the case will bot terially shortened, many wftrt
 will be excused and probably oni4 most pertinent facts will be bfG , out. If Dugone and DiVanzo do fi 1 guilty and agree to let the judGS 1 eide the degree of their guilt tt {; be the first time in many years
 such disposition las been mai
 a murder case in the Hartford G court. The oldest court officer
 not recall another such case,
 records show that thirty years , two Wethersfield prisoners charged with murdering the wax
 There was overwhelming evih
 asainst them and one decided to ts guilty and let the court fix thtf gree. The other insisted on aH trial. Records show that the jury let
 
 while the judge found the other | of murder in the first degree. However, many New Britain pF remember the case of a man n{ Bergercn, tried in New Haven d years ago for murdering his
 mour. Attorney J. G. Woods of city was his associate counsel geron pleaded guilty and let , Burpee decide the degree. AfteF ceiving all the evidence the
 convicted Bergeron of first Ag murder and he was subscd,u hanged at Wethcrsfleld prison ts
 Among the taIcsncn from Ncvs tain aud vicinity who rcpu:ed
 were: John w. Lockett. Jclln Hyland and Virgil M. Palmer; F vile. George A. Beckv,th. Brook aEG George E. Spencer: ;ir. Jason NI. Taylor, Charles A.
 -nn, l.. A. Wescott. c. J. Muellel William. H. Webster; sJov,in Kont F. Stc:ldard, Clinton $. BaI and Herbert C. Francis. Included among the spectntrI
 court today were several Ita from New York w!,o appeared interested in the trial of theirs countrymen.