The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1920-03-18
DEATHBED STORY
NOT SUFFICIENT
Carmine Suriana Charged
with Murder Of Nick
Butera Freed.
HAD ALIBI ALL READY
District Attorney Asks Dis
charge of Prisoner Holding
Evidence too Small.

That the deathbed story of man
terribly wounded was not sufficient to
convict another man Of murder, was
the decision in the Circuit Court this
morning when Judge Belden issued a
formal order dismissing charges of
murder in the first degree against Car
mine Suriana, who was alleged to have
shot and killed Nick Butera on the
night of March 80, 1918. The order
dismissing the case was issued by
Judge Belden on the motion Of the
district attorney who filed, with the
court prepared statement showing
his reasons for asking that the charge
against Suriana be nolled. Suriana
had been released on bonds of $4,000
and the case had been on the calendar
of the Circuit Court for more than
eighteen months.
Butera Shot From Ambush.
Butera was shot from ambush in the
alley in the rear of his home on the
night of March 80, 1918 and there was
always great deal of mystery con-
nected with the shooting. Butera was
returning home when he entered the
alley and second later he was shot.
He was taken to the Kenosha Hospital
where he died on the following day.
Before he died, he said: "Suriana shot
me-" The statement was made to sur
geons and nurses attending him Just
before his death.
Suriana later surrendered himself to
the police and protested his innocence.
He declared that at the time of the
shooting he had been playing cards in
one Of the saloons on the west side Of
the city and asserted that he could
bring twenty witnesses to prove that
he could not have fired the shots which
fatally wounded Butera. At the pre-
llmlnary hearing Suriana's attorneys
offered no evidence and he was held to
the Circuit Court. Later the. district
attorney began an investigation and
heard the story of the various witness
es. de found that Carmine Suriana
had been one of the first men to 90 to
the Butera home after the shooting
Showed No Signs of Nervousness.
Surlana on that night had shown no
signs of nervousness and had coolv
discussed with the other fellows at the
house the shooting of Butera. The
only evidence that Suriana might have
been connected with the case was that
he did not return to his BOARDING
house for several days. Suriana ex-
planned this by declaring that he had
been visiting with friends. No evil
dence of motive for the crime was
ever discovered. When the case was
first called for trial in the Circuit
Court nearly two years ago. it was
necessary to adjourn it on account Of
the fact that DR.. George E. THOMPSON.
the doctor to whom Butera had made
the statement, was serving with the
army In France. Later the case was
adjourned again on account Of the i'll
ness OF one of the attorneys. Friends
OF Butera have not demanded the
prosecution of Suriana and some of
them have even declared that thew
doubted that he was the guilty man.
|. With the dismissing of the charge
against Suriana, the murder of Butera
goes to Kenosha's graveyard of mys-
terious crimes. fhe police never
gained any information which would
throw any light on the case other than
the statement made by Butera when
he was dying. The case was similar
TO number Of other killings over on
the west side and no name was ever
suggested in the case but that Of
Suriana.