The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-11-18
TONY SARATOR| IS ACQUITTED
ON VERDICT DIRECTED BY COURT
ITALIAN ACCUSED AS AccoMPLICE
N KILLING OF jim Angus
TUS FREED.
Judge Robinson Sustains Motion to Ex-
clude States Evidence.

Tony Saratori. on trial in criminal
court yesterday, charged with COM
plictty in the murder OF James Angus,
tus, who Is alleged to have been killed
by Dan Dlsc1vcrto. was acquitted last
night, shortly after the night session
convened. Following the close OF the
evidence on behalf OF the state. Attor-
ney A. J. Porter. OF counsel for the &C
cused. moved the court to exclude the
evidence introduced on behalf on the
state and direct the jury to return n
verdict OF not guilty. on the ground that
the evidence introduced by the state
was insufficient to sustain verdict or
guilty If such were rendered. The mo-
ton was sustained by Judge Alan Rob-
'inson. and the jury was 50 directed.
Saratori was indicted jointly with
Rosa JaCquinto and Dan Diselverto,w who
Is accused Of firing the shot which
caused the death Of Augustus. So far
Diselverto has not been arrested. The
only witness called by the state last
night was Officer CrumbaCker to whom
it was stated by at least one witness
during the afternoon session, that Sara
tori made certain confessions with re-
gard to the affair. and forthwith sum-
mons was Immediately issued by the
prosecution for tho officer.
When questioned on direct eNamina-
ton as to any statements the defendant
may have made to Crumbacker. the po-
liceman answered that Saratori told him
he was going 70 Pennsylvania. as there
was going to be trouble in the quarter
where the murder afterwards occurred
and that he, SaratorL did not care to be
mixed up in II.
The breakdown OF the case occasion
ed considerable surprise. as It was not
thought previous to the night session
that the prosecution had exhausted its
best witnesses. No direct evidence was
introduced to show Saraterfs compile
ity in the murder. although all Of the
witnesses testified that Tony was not
only there at tho time the shooting oc-
Cured. but that he was dancing with
the victim. Assistant Prosecuting At
torney Carl Bachman represented the
state, while the accused was defended
by Judge J. S. Ritz and Attorney A J.
Hys witnesses Tell story.
During tho afternoon eye witnesses
TO the shooting Of James Augustus tes-
titled practically along the same gen.
eral line. with the exception Of Frank
Oliver. the last witness called before
court adjourned until 1880. whose evi;;
dence digressed from the general trend
Of the testimony. Rosa Jacquinta Ma
mic Jaouinta, and Olivero Chiarduli. in
describing events Immediately before
the shooting. stated that Jim Augustus
gether when the shooting took place.
Saratori. they said, had left the room
shortly before and returned In about
ten minutes with the man called Dan
DlSGIVcTlO, VINO dIlS6Su W HaNC LiItu
the fatal shot. Diselverto. they said.
sat opposite the door. and when Au-
gustus and Saratori reached q position
in the dance when Augustus had his
back to Dan, and Saratori was facing
Diselverto. the shot was fired. Jim
Augustus and Tony Immediately ran
out in the yard and came in shortly af-
ter by another entrance and Augustus
collapsed. they said.
Frank oliver admitted at the outset
Of his direct examination that he wore
soldiers uniform on the evening OF
the occurrence. but that he had never
been in the army. He secured the uni
form, he said. at the Union Mission.
Was Told TO Toll Nothing.
He gave practically the same evidence
as to the actual occurrence as the other
eye witnesses, with the exception that
he stated Saratori dragged Augustus
out into tho yard and brought him in
shortly afterward through another door
and laid him on the floor in the parloE