The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1921-02-24

/
Sheriff Rauen and his deputies cleared
the corridors. Later on many of the
people returned and they were allowed
to remain in the corridor where they
were able to catch portion of the inn
FASHIONED appeal of Attorney Baker
Shows Theory of the Defense.
4 The most dramatic portion of the
argument of Mr.. Baker was brought
out when he outlined the theory of the
defense as to just how Pacini had been
killed He declared that Pacini met
his death at the hands of some man
who had lain in wait forg him in the
garage and that this man was armed
with the knife which was found by
Miller just outside the garage ten MIN
utes after the wounded Pacini had been
taken to the hospital.
at was the intention of the ms.
who killed Charles Pacini that Paeini
should die without a groan," declared
Baker. Then he outlined his theory
that the man had hidden himself in
| the garage and that as Pacini startad
to leave the garage he had appeared
/ from the darkness and wilh the anife
/ in his hand had rushed at Pacini.
"Then came that terrified YELL" de-
clared the attorney. "Then Paeini
reached for his revolver and then the
man with the knife slipped his hand
| down for his own gun and began shoot
ing. AS he leaped from the garage he
dropped the knife just whc'e it was
found ten minutes later. Pacini fired
three shots but they were fired within
the garage and every one Of them took
effect inside the garage"
Knife in Direct Line.
"That knife" continued the attorney,
twas in the direct line of the bullets
fired by Pacini and it must be eonsid-
cred as most material piece of evil
dence in this case"
Baker opened his argument by de-
claring that the questions to be an
swered were, "Did Frank Lang kill
Pacini? Was the evidence sufficient
to convict him of murder? Was the
confession sufficient? and Was the con-
fession properly considered by the
jury?" Mr.. Baker declared that the
court had erred in searching out for
the real criminal agency which brought
the death of Pacini.
The attorney declared that the YER
dict of the jury had been based en-
tirely on the statement Of Lang, 81
killed Pacini." land that the jury had
never stopped to consider the fact that
this statement of Lang was entirely
inconsistent with the known facts in
regard to the killing of Pacini.
Human Nature Not Inconsistent.
In prefacing his argument, Attorney
Baker declared: There is nothing
Inconsistent in human life. In this
case, put Frank Lang away from it
entirely; do not consider him for a
moment, but simply consider his state
ment-his confession if you want to
call it in connection with the known
facts in this case and you must reach
the inevitable conclusion that this
statement does not speak the truth"
Baker then continued to riddle the
confession of Lang as inconsistent
with the facts as he viewed them and
with the contention Of the defense.
He said that the story of the shooting
as related by Lang was not in any way
in keeping with the known facts. Tha!
Lang had declared he shot as Pacini
came out the door and that bullet
marks clearly showed that Pacini shot
within the garage; that Lang had de-
clared that he ran down Exchange
street and no one had seen any man
running away from the garage along
Exchange street, while many witnesses
had seen the man run to Maiden Lane
and south; that Lang declared he had
/ thrown the revolver away Just across
( the street from the garage, while in
/ fact the gun was found nearly block
from the place stated by Lang and at a
point to which it would have been i'm
possible for him to have thrown it.
Never Seen on the Curb.
He declared that although Lang had
said that he sat on the curb waiting
for Pacini to come, that no man had
I been seen on the curb by the members
Of the Russo family. He declared that
Lang referred to Russo as young Rus
so" and that in fact it was the older
Russo who had placed the automobile