Baraboo weekly news. [volume] (Baraboo, Wis.) 1912-197?, 1925-02-05
Finish Arguments

JlaSii "a
The windup Of the arguments OF
the attorneys in tn case which oc-
Cured Monday afternoon before
the jury was charged follows:
"There must be proof beyond all
reasonable doubt before one can be
convicted of murder" said AttOr-
ney Carl N. Hill in his arguments
in the defense of Vitale and di Mar
tino Monday afternoon. There
was only one bullet beside the guam
tity of shot found in the body of
Herbert Dreger. Experts will diff
fer on their opinions. They give
their testimony according to their
best judgment.
"There was no proof that the
shot that killed-the policeman came
from di Martino's gun. The state.
has never introduced a II gauge
ball in court
Might Have Eeen 10 Gauge
rTf 80 percent of the ball that
entered the body of Dreger was
gone it would weigh nearly the
same as ten gauge ball. (Testi-
mony was introduced that part of
the ball was missing when it was
extracted from the body.
"The slain policeman was good
officer killed in the line Of duty. If
he was alive today he would not
approve of these two Italians being
held in court.
John Arnold one of the witness
ses who testified here is interested
in the case. The witnesses don't
know what they are talking about
when they assert they can tell
when a gun was shot off by the
smell of the powder.
+ No Fingerprints
Fingerprints were not taken from
the gun because they had been
handled too much according to
Chief Shaughnessy. There were
no fingerprints on the guns of the
defendants that could be used in
this case.
"The state lawyers did not put
Mrs. Sarah Olsher on the stand
because they knew her testimony
would kill their case. The state
could have interviewed every man
in the "Coney Island Restaurant"
following the dying assertion of
officer Dreger.
"This case is full of reasonable
doubt. The evidence did not
justify the arrests in this case.
Lewis Talks
Attorney 7. G. Lewis in his final
statement declared the state did
not use the testimony of Mrs. Oh
sher because the story did not
seem logical. The defendants had
plenty of time to frame an alibi in
the case but not time enough to
frame it in detail. The carrying
of the revolvers by the defendants,
the departure of Domonic Gulo be-
for the trial and the ownership Of
the gun under the porch was also
discussed.
Judge Instructs
Judge E. w. Crosby in charging
the jury stated the rules of law
covering the case which should be
of help in arriving at a verdict.
'sThe offense charged against the
defendants is the most serious
crime regarded by law" he said.
Use the utmost care and caution in
the decision. One is as guilty as
the other in case you find them
both involved in the offense.
"There is no direct evidence as
to who shot officer Dreger. There
must be definite proof that the de-
PENDANTS were at the scene of the
murder or you must aequit them. 1t
is the burden of the state to prove
that they are guilty beyond rea-
sonable doubt.
Arguments by Attorneys
Attorney T. G. Lewis, one Of the
attorneys for the state, opened the
arguments. He first emphasized
the testimony of n. P. Stombaugh
as the truth, he said he saw the &C
cused on the street at nine o'clock