Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1921-11-29

Michael Russo. in the Burlington
County courthouse. AZ Mount Holly.
today. when Louis Lively, confessed
murderer Of her seven ycar.oId duugh-
ter, Mathilda, vas lc! into court to
be tried for his life
There was tense moment. whi,o
the Negro, gritting his tcoth, and with
slight smile, passed an to his place
manacled between two guards.
The courtroom was crowded with
men and women. among them many ot
Livcly's own race. Outside there was
crowd also. unable to find room in
the old courthouse.
MurmurS of pity far the sobbins
mother werc heard through the court
room, but attendants raped sharply for
order.
Bereavcd Parents Present
Mrs. Russo, her husband. Michael.
and their eleven yeur-old son Alfred
were seated in tho front row, near the
places reserved for Lively and his law
yers. Alfred is 10 bc a witness for tho
Commonwealth HIS twin brother.
Charles, who was TO have testified. died
last week.
Two baiIifrs went over TO the Russ
family aftCt the mothers outbreak, and
having caimed hcr. 'od the family ~
other seats. on the front row. hut at
the Of p0sle side Of the room. a. iHr
away Ms possible from tn" prisoner.
Lively seemed undiSturb,I Aftor h,
had been seated with his counsrl he
asked the guards to loosen his hand
cuffs. He bcld out his manQclcd wrists
to show that the steel bands were too
tight. Mindful of the occasion when
he tried 70 slip" the handouts. OIL
the way to Mount Holly Jail from
Bridgcton after his capture. the dctec.
tives refused his request.
Jonathan II. Kelsey. prosecutor OF
Burlington County, assisted by James
Mercer Davis. is trying Lively before
Supreme Court Justice Kalisch. Tho
defendant is represented by V. Clark
Palmer. of Mount Holly. who was ap-
pointed by the Court.
Jury Chosen Speedily
The jury was selected quickly. In
exactly thirty-one minutes after the
FIRST talCsman had been examined. the
twelve men who would decide Livcly't
fate were sworn and in the iurybOx.
- I"i4Nl VI NNFuls -'lSul WIS tilIP'l
of whom ten were excused by mutual
consent of counsel. Defense and prose
cution each exercised its right Of per-
emptory challenge three times. Two Of
the jurors excused were women. NJ
woman is serving on the jury.
Prosecutor Kelsey launched into lis
opening address at II 40 o'clncl,.
The prosecution will show" ho said.
that Lively wilfully killed Mathlldn
Russo.
eve will show that the day before 'lr
murder he had dug the Child'S grave.
The Prosecutor vividly described the
finding Of the child's body and it, ruu
ditton. Mrs. Russo sobbcd as he spoke.
Father Of Victim Testines
The first witness called by the pros.
ecutiOn was James Logan. County I'm.
gineer Of Burlington County. who cy.
planned map of the Lively and Russo
houses.
Michael Russo. father o. TIC mar.
dered child followed, He stated ln
knew Lively and had seen Bin ourr or'
twice. lie Sworn that at T:lp the ntght
before the child disappeared ho saw a
small light in Lively'~ cellar.
Tho window WAS open. hc testified.
"and I heard sound like digging"
The father said the last ti,0r ic saw
his daughter was at twenty minutes 70
d, the night she disappeared wuun sa"
walked past his store.
Russo was reprimandcG several times
by the Judge when he tried 20 uarrar,
conversations between himself and ni,
wife.
Mrs. Russo when cal"l sril,rd lc-
SObbing, and when N" took d." witness,
stand wOr" almost an air Cf c"npo-urr.
Her testimony was bricf.