The Medina sentinel. [volume] (Medina, Ohio) 1888-1961, 1920-12-03
MURDER TRIAL IS
NEARLY THROUGH
ARGUMENTS EXPECTED
TO BE ENDED FRIDAY
Counsel For Defense Gains Important
Testimony From Man Under Indict-
ment For Attempt on Life of De-
fendant.

Examination Of witnesses in the trial
of Dominick Cacciola for first degree
murder was begun in Common Pleas
court Monday morning. The case
against Cacciola is for the shooting to
death Of Frank Butto in Wadsworth
on Sunday, Sept. 5, the outgrowth of
family feud extending over a num-
ber of years.
The first three days of last week
were consumed in securing jury, the
twelfth juror not being obtained until
late Wednesday afternoon, following
which court was adjourned until Mon
day morning
The first witness to be examined
was Fremont D. Tanner, a civil en~l-
neer, who explained to the jury plat
he had made of the scene and buildings
where the shooting occurred. The next
witness was Undertaken Hilliard of
Wadsworth, who took charge of But
to's body. Hilliard was followed by
Coroner Crum of Lodi, who testified
as to the cause Of Butto's death and
the nature Of the wound.
Then followed number of Italian
witnesses, acquaintances Of both Cac-
ciola and Butto, from whom counsel
for the defense in cross examination
sought to gain evidence of an ulterior
purpose on the part of Butto in his
presence in Wadsworth the day Of the
shooting. One of these witnesses was
Phillip Sinatra, under indictment for
an alleged attempt on the life Of
Cacciola Immediately following the
killing of Butto. Sinatra was a friend
Of Butto and the latter's companion
at the time Of the shooting.
While disclaiming any knowledge Of
Butto's reasons for going to Wads-
worth on Sept. 5, or of having hearc
Butto express any sinister desigr
against Cacciola, Sinatra on the wit.
ness stand did testify that Butto stooc
in front of Cacciola's barber shop just
prior to the shooting with his hand il
his right trousers pocket, from which
Sinatra said he saw a revolver taker
by Marshal Tom Lucas as Butto lay
dead on the sidewalk, later in Mayor
Boyer's> Office hearing officials say tha
the revolver was cooked when found
Another witness testified to over
hearing Butto make the statement il
Akron several weeks before his death
| the substance Of which was that he
Butt6, was Al years old, vigorous ant
muscular, but that he had nothing il
particular to live for; and that shoult
he ever kill any one he would probabl!
never have to serve more than 81,
months for it.
!, Marshal Tom Lucas of Wadsworth
who arrested both Cacciola nd Sina
ira, testified that Cacciola had toll
him some time ago that he was afrai'
of Butto; also that Cacciola had at on
time asked for permission to buy
gun, tho not for self defense.
The state rested it's case Wednesda.
noon, ,whereupon the defense immediat
ly began calling it's witnesses. Mos
! of these were Italians, some of whom
had been subpoened by the state, al
tho few were representative citizen
| of Wadsworth, most all of whom wer
called to testify as to the general repu
tation Of Frank Butto with referenc
to his having been of violent an,
generally vicious disposition.
number Of his own nationality CAV
adverse testimony of Butto, tho som
were apparently inclined to evade tn
question by stating that they did no
know.
| Sam Butto, brother Of Frank, ha
attended every session OF court sine
the trial began, and been perhaps tn
most attentive listener. AT the be
ginning Of the trial he failed to leav
the court room with the other witness
es when they were excluded by tn
court, and his presence was unobserve
for some time. When it was the coul
ordered Sam from the room in ton
that left no excuse for misunderstano
ing.
The defense had dozen or NOR
witnesses to call when court CONVEX
4 ed Thursday morning, and counst
stated that they expected to rest thel
case in time that arguments ma
begin Friday morning.