The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1923-11-01

Battista D'Angelo, SGT Grand avenue,
prominent Italian fruit dealer, went on
trial on charge of manslaughter in
criminal sessions of circuit court yes
terday afternoon. He is charged with
killing John Tubbs, Al years old, of
Waukegan, on the morning Of June IL,
when he ran him down while driving
truck loaded with~fruit n Elizabeth
street and Fremont avenue.
The accident was a wedding day
tragedy Tubbs had come to Kenosha
on the morning when he was killed in
order to make final arrangements for
his wedding which was to take place
during the afternoon of that day. He
was to meet here his bride-to-be, a
young woman from Horlicksville, and
they were to go to Waukegan that af-
ternoon to be married. The death
message took the place of the mes
sage which was to tell her the final
plans which he had made for the we'd
ding.
Policeman First Witness.
Assistant Chief of Police John
Cyzak, who. together with Emil Meiss-
ner, secretary of police, and John Nc
Givern went to the scene of the ac-
cident and cared for the injured man,
was the first witness called by Frank
Symmonds, district attorney.
According to the assistant chief,
Tubbs was lying on the pavement
about 6 feet from the east curb of
Fremont avenue, 35 feet south of Eliz-
abeth street, when they arrived. He
was rushed to the Kenosha hospital in
the police ambulance by Meissner and
McGivern, where he died ten minutes
after being admitted
D'Angelo is Arrested.
D'Angelo, Cyzak testified, was stand
ing near the scene of the accident
when the officers arrived. He admitted
being the man who drove the truck,
and was placed under arrest and taken
to the station. Later he was question
ed by the coroner and the district at
torney. The truck which struck Tubbs,
however, had been driven on by an
other man and was being unloaded at
D'Angelo's store when the officers
found it.
The district attorney attempted to
introduce a map drawn of the scene
of the accident in evidence. Attorney
Roy Stephenson, appearing for the de-
tense objected on the ground that the
material portions of the map were
mostly hearsay, and that those who
drew it did not see the objects which
the map showed The objection was
sustained by Judge E. B. Belden.
The police secretary was then put on
the stand and testified that Tubbs was
still alive when they got him to the
hospital. He said that the right side
of his skull was badly crushed above
the temple and that he was bleeding
from the nose.
Tubbs, he said, was a giant in build,
standing nearly 6 feet inches in
height.
Lubnowski Takes Stand.
Joseph Lubnowski, a barber who
works in shop near the scene of the
accident, then took the stand. He
testified that he had just finished his
breakfast st restaurant about zoo
feet from where the man was struck,
and that he was walking back to work
when the accident occurred. He said
that he saw the whole thing take place,
while he was standing less than 100
feet from the point.
Under qross-examination Attorney
Stephenson read him statement,
made at the time of the coroner's in
quest in which he said he was inside
of the restaurant. The witness, how
ever, denied this on the stand, and the
discrepancy in the testimony was later
shown to be due to the witnesses brok-
en- EngliaA
IContinued on page 50