1
Bona lbnu ile (h ief SATURDAY, MAY 19, 1917. LETTERS FROM THE PEOPLE, The Chief is not responsib. h ' r views expressed by correspondents. Concerning the Mistretta Case. Donaldsonville, La., May 18, 1917. Editor Chief: Business is credited with fast drift- ing to perdition, social and civic en- terprise is on the retrograde, and Justice has released her strong grip on her flaming sword and has suc- cumbed to the dominant influencesl of the vampire, Vendetta. What has come over the spirit of good old As- cension parish and the-town of Don- aldsonville? Is the community going to sit quietly while this canker-worm is gradually gnawing at its very vitals? , The verdict of this jury of twelve honest men representing the fair state of Louisiana was the most mali- cious, brazen and dastardly slap in the face that has ever been perpe- trated upon civilized humanity in the annals of Ascension judicial proceed- ings. The least that can be said of this travesty, is, that the verdict of these "twelve apostles" was most unreason- able to any fair-minded man, after carefully considering the law and the "evidence as produced by able counsel for both the state and the defense. JUSTICE. DISTRICT COURT. Progress of Litigation Before Judicial Body Briefly Summarized. Following is a resume of the civil business transacted at this week's ses- sions of district court: I. Samuelson & Company vs. Dom- inique Casso; answer filed. J. P. Hudson vs. E. C. Wathen; judgment for plaintiff by default, for sum of $1366.81, with 6 per cent in- terest from Feb. 12, 1915. W. B. Thompson, Inc., vs. E. A. Booth and Sidney Nickens; default entered. Hugh H. Landry et als. vs. Western Union Telegraph Company; commis- sion issued to take testimony in and out of state, returnable on or before June 5, 1917. Matthew Wallace vs. Rebecca Hills Wallace; plaintiff granted absolute: divorce. Red Diamond Clothing Company vs. Henry C. Braud; judgment for plaintiffs by default, for sum of $254, with 5 per cent interest from Dec. 23, i 1916. Diamond Paper Company vs. Hen- ry C. Braud; judgment for plaintiffs by default, for sum of $63.75, with legal interest from date of judicial demand. Succession of Matteo Randazzo; opposition to letters of administration fixed for trial May 24. Recruiting Party Passes Through. Donaldsonville received another visit this week from the United States navy recruiting party, traveling by automobile, which passed through-this section a few weeks ago. As on the p•ievious occasion, the party was head- ed by Chief Boatswain J. E. Quirk, and included Chief Yeoman A. J. E. Charbonneau, Hospital Apprentice R. W. Blackmar, and Fireman First Class F. E. Badie. They arrived here from New Orleans at 8 o'clock Thursday night and remained until 10:30 a. m. Friday, the period of their stay being devoted to circulating advertising matter regarding the navy, and in- terviewing young men who have evinced a desire or might be induced to enlist in this bi'anch of Uncle Sam's service. From Donaldsonville the party went to Belle Rose, Paincourt- ville, Napoleonville, Labadieville and Thibodaux, and thence to points along the Southern Pacific Railroad. On the return trip, covering the east bank of the river, they will stop at Nettle and Darrow, Tn this parish, and Union, Convent and Lutcher, in St. James. Twenty-Five Receive Communion. Solemn -first communion exercises took place Thursday at the local Catholic church, on the occasion of Ascension day. Twenty-five children who had passed the examination suc- cessfully received the sacred sacre- ment in a body at the 7 a. m. mass. During the 9 o'clock. mass they' re- newed the promises of their baptism, and in the afternoon at 5 o'clock they were received into the confraternity of Our Lady of Mount Carmel, one of thg girls reading, f•or all the act. of; consecration, to the . Virgin, Mother. These impressive ceremonies were marked by the rendition of exquisite hymns of love and praise by the Sodal- ity of the Blessed 'Virgin and' the boys' choir of St. JosephJs Commer- cial Institute. During high mass Mr. Juliano, a young Mexican of no com- mon talent, presided at the organ. The benediction at the 5 o'clock ser- vice was given by Rev. Father Grall. -eA day left an undying memory in, Giarts and minds of all who as- "+he beautiful ceremonies. e en-Air Church Fair. THEay, Sunday and Monday,i 11 and 4, an open-air fair will F. 1 n the grounds of St. Vin- itute for the benefit of the Mississippi 2 of the Catholic church. road Aig by the experience of past als, the organizers reserve a A poise for the generous visitors who patronize the entertainment. .sides the usual booths and attrac- ions, there will be a Red Cross mili- tary stand, and a shooting gallery that will appeal to the aspirations of the day. A large space will be avail- able for parking automobiles. An /enjoyable recreation is promised all who attend the fair. Target Practice for Cadet Company. To the Members of the High School Cadet Corps: Next Saturday morning, May 26, all cadets will assemble at the ferry landing in time tb cross the river on the 8 o'clock boat. The forenoon will be spent at St. Elmo in drill and tar- get practice. R. S. VICKE.L Waste Paper. Waste paper and old magazines r will be purchased at the high school I building every day between the t hours of 9 and 10 a.m. and 3 and 5 a p. in, during the entire summer. The v highest prices permitted by the mar- h ket will be paid in cash. k R. S. VICKERS, Principal. MISTRETTAS ACQUITTED UOF URDERt Found NoftGuilty By Jury k~fter Brief Deliberation-Plea of Self-Defense, in Conrm ction with Alleged "Black * Hand" Threat, Gains Acquittal for Accused Father and Son-Trial a Notable One. After dealibeating less than an hour and taking only one ballot, the jury in the Mistretta murder trial reached a verdict of not guilty at 12:30 o'clock Friday morninig. Court had adjourn- ed ten minutes earlier, however, and the verdict was not made known until 10 a. m,, when the judicial body re- convened to learn the result of the jury's deliberations. The outcome of the trial was a surprise to those who had followed the evidence, but there was no demonstration of any kind when the finding was announced. The name of M. Paul LeBIanc, as foreman of the jury, was signed beneath the verdict. One of the largest audiences that has rver assembled in the court-room on a similar occasion was present Thursday night to hear the arguments of the lawyers in the noted case. The flow of oratory was started at 7:30 p. m. and continued without interrup- tion until 11:15, the judge's charge following, and -the case being given to the jury at exactly 11:30 o'clock. District Attorney George S. Guion opened and closed for the state. Charles T. Wortham, of Napoleon- ville, former district judge; George: Gullotta, of New Orleans, and Caleb C. Weber, of Donaldsonville, spoke for the defense in the order named. The trial was in progress four full days and half of :Thursday night, and attracted a great deal of attention, large audiences being present throughout the proceedings. Upon the convening of court in special session at 10 o'clock Monday morning, counsel for accused filed a motion to quash the jury panel, on the ground that the clerk of court had not caused the venire to be pub- lished in official form in the official journal of the, parish, citing in sup- port of their contention the provisions of section 4 of Act No. 135 of 1898. The motion was overruled, whereup-, on another motion was filed, asking for a continuance of the case on ac- count of the absence of a material witness, a negro- named Newt Clark, who had been summoned by the state, but whose testimony, it was claimed, would be of importance in establish- ing the case for,-the defense. The as- sertion was made in the motion that knowledge of this fact had only come to the attention of counsel for the de- fense late Sunday afternoon. After an argument . between District At- torney ,Guion and the attorneys for the accused, an attachment for Clark was issued and. a recess of thirty minutes was taken in order to per- mit the sheriff to look up the missing witness. Efforts to locate the negro were unavailing, and when court re- convened, upon the district attorney declaring that the state was ready to proceed to trial, Judge Gilbert over- ruled.the motion for a continuance. The work of iapqaneling a jury was proceeded 'with, an• from ,the.special venire of thirty five jurors were se- cured, to-wit: Lucas M. Poche, John B. Gravois, Joseph A. Pertuit, Felix ,~pr v annd Sidnev Eliser. AOn Tuesday five more jurors were impaneled, namely: Frank Diez, M. Paul LeBlane, Louis Qhlmeyer, Cam- ille Cassard and Alcide Leroy. Two sets of talesmen, one of fifty and the other of thirty, were summoned and examined, but as many of them were residents of this community and stat- ed that they had discussed the case and formed fixed opinions, they were excused for cause,, The trial reached a definite stage Wednesday forenoon, when the two men needed to complete the jury were secured in the persons of Leon Alonzo and Willie Guedry. It had been necessary to draw the remaining nineteen names from the tales box, making a total of 130 possible jurors summoned, of whom, perhaps 100 were examined before the tedious process of filling the jury box was completed. The state exhausted all of its twelve challenges, and the de- fense used more than twenty of the twenty-four to which it was entitled. Upon the completion of the jury the state launched at once into the pre- sentation of its case, introducing as witnesses Dr.D.C. Brumfield, coroner; Israel Mollere,-; Jr., George Gaudin, Rocco Savoia, Jr., Mrs. Joseph F. A. Matherne, Sr., Miss Virginia Savoia and Mrs. J. W. Betz. Of these, young Savoia and his sister and Mrs. Betz offered the strongest testimony, the two former being especially circum- stantial in their lucid version of the killing and the :events;.immediatel. preceding it. The substance of their evidence was that Joe .Spampinato, driving an ice delivery wagon, was proceeding -in the :direction of the Mistretta store, .April ,13 last, when Bernard Mistretta-nad his 15-year-old son, Gaetano, appeared from the rear of their premises; armed with a shot- gun and revolver;, respectively;' that Spampinato jumped from: his wagon and started to run,; in -a direction away from the Mistrettas, when he was shot down by B; Mistretta; that Spampinato fell ito -his knees end 'faced his assailants, with his hands up, whereupon the Mistrettas advanc- ed upon him and, when he fell over to the ground, .eontined. to fire shots into his prostrate body;.. Their testi- mony was not shaken or altered un- der a gruelling croes-examination. Mrs. Matherne testified that she was in her back-yard, when, her at- tention attracted -by the sound of the passing ice wagon, she looked up just in time to see the wagon stop opposite her gate, and Spampinato jump.from the vehicle and,+ run back toward ;hetimaches street. She heard a shot, Ind immediately afterward saw B. LIistretta run past in the same direc- ;ion taken by Spampinato. Mrs. Ma- herne's gate is some 70-odd feet rom the bridge across the gutter at he rear gate of the Mistretta prem- ses, which, in turn, is about fifty or ixty feet from the corner of Charles ,nd Houmas streets. George Gaudin said he was stand.- ng at N. B. LeBlanc's blacksmi( hop, in Charles street between Hou-i' uas street and Railroad ayenue, when': e saw the ice wagon stop and B. Mis- retta came out of his back gate with 1 shotgun in his hands. As Mistretta 1 as in the act of bringing the gun to i is shoulder the witness ren, and i new no more concerning the tragedy. I Israel Mollere wss. standing on the lit theast cor'ler of Iailroad avenue a'i'd Charies street; heard a shot, and, looking in that direction, saw B. Mis- trctta and Joe Spampinato facing each other, about 15 feet apart; af- te:-wards heard three or four more gtun shots and about the same num- i(r of revolver shots. Mrs. Betz said she was sitting at a dt.sk in her hall when she heard a wo- m.an's scream, imhmediately followed by a shot. She ran to the dormer window in her parlor and saw Joe Spampinate lying on the ground, with B. Mistretta and his son, Gaetano, standing over him and shooting into his fallen body. B. Mistretta .kicked the corpse before walking away. Dr. Brumfield gave a description of Spampinato's wounds. A pistol bul- let had entered the left side, below and to the rear of the heart, penetrat- ing both lungs and lodging in the flesh on the right side, from whence it was extracted. The right hand was badly torn by several buck-shot wounds, a main artery having been severed, and the left leg was shattered near the ankle by bullets of the same cali- ber. A wound in the neck evidently made with a sharp instrument had severed the jugular vein and carotid artery. Any of the wounds would have caused death, those in the body and neck being necessarily fatal. On cros;-examination. counsel for th( defense endeavored to ascertain from Dr. Brumfield whether the buckshots which fractured the left leg may not have been fired from the front, but the witness insisted that the penetra- tion was from the rear. As to the other wounds he was not able to say. After the examination 'of these witnesses, at about 3 o'clock Wednes- day afternoon, the jury was taken to the scene of the crime and an investi- gation made of the surroundings, par- ticularly with reference to the posi- tion of the several eye-witnesses at the time of the shooting. Upon re- turning to the court-room the district attorney recalled Miss Savoia and Mrs. Betz to elucidate a few points in connection with their testimony, after which the state rested. The first witness for the defense was Charles Jackson, a negro, who as- serted that he was standing at the Mistretta corner on the morning of the tragedy, and that when Spam- pinato approached in his wagon B. Mistretta was rolling a barrel of trash through his ba'ck gate to the bridge which spans the gutter at that point; that Spampinato stopped his wagon near the bridge, and, saying something to Mistretta in Italian, arose from his seat and made a mo- tion toward his right hip pocket, tak! ing scmething therefrom which the witness could not identify. Mistret- ta; according to the negro, walked into his back yard, reappearing in a moment with a shotgun in his hand. In the meantime Spampinato, so Jack- son alleged, had stepped down from his wagon and advanced to the horse's head. When the two men faced each other and Mistretta raised his gun, Jackson declares he retreated around the corner. He heard a shot almost immediately afterward, and in reply to a question by the district attorney said it sounded to him like the dis- .- t'•,,'o'0 0"n ( - , ,trr n Pasquale Mistretta, a brother of the accused, was called next. He was in bed with a nervous attack the morn- ing of the killing and knew none of the details. When questions were put to him concerning the shooting at the Mistretta store the night of April 12, a long argument ensued be- tween the attorneys as to the admis- sibility of certain evidence in this connection. The witness was finally withdrawn and B. Mistretta was plac- ed on the stand. Another lengthy de- bate was engaged in between the dis- trict attorney and counsel for the de- fense, concerning the introduction of testimony tending to show that bad blood existed betweern Spampinato and the Mistrettas, that threats against B. Mistretta had been made by deceased, and that on two occa- sions prior to the killing Spampinato had fired upon the Mistrettas. The' court at first ruled the evidence inad- missible, but when the defense attor- neys made the statement that the fact of the previous shootings had been made known to the sheriff and that no steps had been taken to apprehend the guilty party. Judge Gilbert re- vised his decision and stated if this could be proved he would permit all the evidence to be presented. Dis- trict Attorney Guion concurred in this ruling, adding that in justice to the sheriff he demanded that the defense proceed to substantiate its assertion. B. Mistretta was permitted to re- sume his testimony, but had not made much progress when the case was un- expectedly halted through the failure of a defense witness, Freddie Bour- geois, to swear to the authorship of certain threatening letters- received by Mistretta and alleged to have been written by Spampinato. This took the defense by surprise and they re- quested a continuance of the case until 10 o'clock a. m. %Thursday, which was granted by the court. Joe Compagna, the first witness placed on the stand next morning, enabled the defense to get one of the .'Black Hand" letters in question be-. fore the jury by identifying the hand- writing as that of Spampinato. The communication made , naand upon Mistretta for the sum of $500, "other- wise Marianina S.," and warned the recipient to keep silent concerning the matter, declaring that if he failed to do so, "one of us will pay the pen- alty-death." The letter was writ- ten in Italian, was unsigned and un- dated, and was not enclosed in an envelope. Mistretta said he found it under the door of his store one morn- int in the early part of March. Continuing his testimony, Mistret- ta stated that at about 8:55 o'clock the night of Feb. 2 of this year, while I ' was walking up and down in his] -. ,,room, Spampinato had shot at him once with a revolver, running t away when Mistretta dashed to the door and returned the fire. From I that time on, he asserted, Spampinato had lurked around the neighborhood 1 it night, being frequently observed by I :he witness, who maintained a vigi- I ant watch over the premises. The f )rigin of the trouble between wit- i ness and deceased was due to Mis- tretta's refusal to permit his 15-year- old sister-in-law, Marianirla, to marry Spampinato, who was a widower with five young children. One Sunday morning, said Mis- tretta, while he was leaning against a post at the corner of his store. Spampinato came along in his ice wagon, and, driving up close to Mis- tretta, said; "You , I'll get you yet." Later John Sansoni came to Mistretta and told him he had talked with Spampinato concerning the trou- ble existing between the two men; that Spampinato had refused to make friends with Mistretta unless the lat- ter permitted him to marry Marianina or give him $500, and had declared, if Mistretta reported the matter to the authorities and had Spampinato arrested, he would get out on bail and proceed to exterminate the entire Mistretta family and burn their prop- erty. Again, on the night of April 12, said the witness, while he and his brother were on the sidewalk in front of their store, Spampinato had shot at them, firing twice from a distance of about 70 feet and then running off. Concerning the events immediately preceding the tragedy of the next morning, Mistretta's story coincided with that of Charles Jackson's, except that he stated when he came out of his yard with a shotgun Spampinato thrust his right hand into the waist- band of his trousers as though to draw a weapop, whereupon he (the accused) fired in the belief that his life was in danger. On cross-exam- ination by the district attorney, Mis- tretta admitted that he had not told the sheriff or other officers who ha(' been doing the shooting around. his store. He said he had sent Marianina to Chicago March 16, 1916. Wesley Butler, colored, corroborat- ed Mistretta as to the threat made by Spampinato, and John Sansoni af- firmed Mistretta's testimony regard- ing the talk which he (Sansoni) had had with Spampinato and subse- quently related to Mistretta. The district attorney learned from San- soni that he had waited three or four days before telling Mistretta what Spampinato had said. Witness claim- ed to have been a"good friend of the deceased. Gaetano Mistretta said he was in the store on the morning of April 13 when he heard two shots. Looking out he saw his father with a shotgun, whereupon he rushed into the store, secured a pistol,. and, going to the scene. shot twice at Spampinato. He said that on the morning of Feb. 5, while on his way to school, he passed Spampinato, who leaned out of his wagon and said to witness, "I'll get you." At another time, he said, Spampinato came to the school to deliver ice, and, sitting in his wagon, looked at witness through a window with an expression of rage, gnashing his teeth the while, and then reached under a seat and produced a revolver, which he placed in an inside coat pocket. The boy accounted for be- ing at home on April 13, which was a Friday, by saying a holiday had been given the. pupils of the school that day. e Alfred Landry, Jr., a schoolmate of young Mistretta, corroborated the d latter's testimony regarding the en- a counter with Spampinato and the threat made by the deceased. . Madison Carrdll, colored, 'spw r Spampinato at'the'corn e r of Willina s and Houmas streets, one block below i the Mistretta store, shortly after 8 o'clock the night of April 12, and I Sebastian Hidalgo, a white night t vatchman, observed the deceased near y, the corner of William street and Rail- , road avenue, walking in the direction of his home, a few minutes after hearing the sound of several shots. t Alfred Franklin, alias "Pretty,' swore that he saw Spampinato shoot twice at B. Mistretta the night of Feb. 2, and that he had so inform- ed the sheriff when the latter inter- rogated him a couple of days after- ward. He declared that Spampinato ran whein Mistretta commenced shoot- ing, and that during the fusillade a bullet from Mistretta's pistol had passed through the sleeve of witness' _ -coat near the ,left' shoulder. A mass of evidence offered by the defense concerning weapons alleged to have been found in 'Spampinato's ice wagon after the killing was ruled I out as inadmissible and did not get to the jury. No testimony of any niature was given to show that de- ceased was armed at the moment he met his death. Adolphe Netter, Jasmin Tobias, L. J. Echeverria and Paul Gisclard tes- tified for the accused as character witnesses.. On rebuttal, the.state proved by William Smith that Spampinato had taken a ,drink in the. Opera Cafe at I about 8 r15 o'clock the night of April 12, near which hour Madison Carroll, Sestifying for the defense, had declar- I ed that he had~seen the deceased lurk- ing at the corner of Houmas and Wil. liam streets. Sheriff Hanson, was called to im- peach the testimofiy of the defense witne-s, Alfred Franklin. He de- clared that Franklin had told him that Spampinato had not: fired at the Mis- trettas the night of Feb. 2, all of the shootirig having been done by B. Mis- tretta. The sheriff also stated that he wds "almost positive" that Mis- tretta- had declared to him that Spam- I pinato had not shot, at him (Mistret- ta) on the night in question. Chief of 'Police Robert E. Dill as- sorted positively that no information had been given hint by Mistretta con- cerning the identity' of the person who is alleged to have shotat the Mis- trcttas on the nights of Feb. 2 and April 12. He testified to having that day measured the distance 'between the bridge opposite the back gate of the Mistretta pretiises and the elec- tric light pole nearby, and between the bridge and the gate leading into the yard of the Matherr.e premises, the object of this evidence being to controvert the statement of Charles Jackson, for the defense, as to the place where Spampinato stopped his wagon on the morning of the tragedy. Jackson asserted 'the wagon had come to a halt about 15 feet from the bridge, whereas Mrs. Matherne had testified for the state that Spampinato had stopped his wagon and jumped therefrom in front of her gate, more than 70 feet from the point desig- nated by Jackson. At this stage the state closed its case, and, the hour being 6 o'clock, adjournment was ordered to 7:16 p. in., when the arguments began. The day's proceedings were characterized by frequent spirited encounters be- tween the attorneys, and more thar t half the time the jury was withdrawn' from the court-room while the lawyers wrangled. A large number of ex- ceptions were reserved by the defense, with the view of taking the case to a higher court in the event of an un- favorable verdict. Arthur J. Chap- man, of New Orleans, compiled a stenographic report of the proceed- ings throughout. C. DiCristina, also of New Orleans, acted as official in- terpreter. ar The district attorney, in his argeT ments before the jury, contended that Spampinato was not such a "bad man" as he had been painted by the defense, since according to the evidence he was usually running away when any shoot- ing was going on. "Marianii a" was sent to Chicago in March of 1916, hence Spampinato had had more than thirteen months in which to "get" the Mistrettas if he had desired to do so; but despite the fact that he is al- leged to have made threats against them, and even to have shot at them on two occasions, he had not suc- ceeded in doing them any harm. The speaker ridiculed the plea of self- defense advanced by the accused, de- claring that the evidence of unim- peachable witnesses showed that Spampinato, unarmed, was running from his assailants at the time he was shot down, and that after he had fall- en to his knees and raised his hands in token of surrender he was brutal- ly murdered. Even if Spampinato had threatened Mistretta and com- mitted an overt act, as declared by the accused, the fact that Mistretta walked away from the scene and thei- returned with a shotgun would make him the aggressor and absolutely eliminate the contention of "self-de- fense," argued the district attorney. He- pointed out that Mistretta had not appealed to the constituted au- thorities for protection, or taken any steps whatever to have Spampinato apprehended, tut instead had pro- 2eeded to take the. law into his own ha ds and violate the peace and di ity of the fair city of Donaldson- ville by assassinating his alleged, en- emy in cold blood upon one of the principal streets of the community, in broad daylight. Other points in the testimony were discussed and ex- plained, including the alleged "Blabs Hand" letter which figured so promi- aently in the theory of. the defense, and a strong case was made out against the accused by the brilliant young prosecutor. Equally effective arguments were made by the three distinguished at- torneys representing the Mistrettas, and their eloquent pleadings,undoubt- edly had a great deal to do with con- vincing the jury that the evidence of fered in behalf of the accused was such as to justify a verdict of ac- quittal. CHILDREN'S DAY EXERCISES. Interesting Program Arranged for Celebration at Methodist Church. The annual Children's Day exer- cises at the Donaldsonville Methodist church will take place at 10 o'clock' Sunday morning. The title of the program will be, "The Child in the Midst," and various features will be presented in the following order: Processional hymn, "Jesus, Great Captain," by the children of the school. Prayer by the pastor, with response, "God Bless the Children," sung by the school. Following a scripture lesson setting forth Christ's attitude to children, the school will sing "'The Sweet: Story of Old." Presentation of souvenirs to cradle roll babies by Mrs. J. C. Kirchberg, superintendent, and recitation, "Wel- come to Cradle Roll Members," by Beatrice Landry and Hilda May Birckel. Presentation of babies for baptism. Song by the primary and junior de- partments, "The Babies Are the Dearest Gems of All." Recitation, "The Beginners," by Brunner I,owrey, T'. T. Tyree, and Thelma Birckel. Song by the congregation, "There's a Friend For Little Children Above the Bright Blue Sky." frimary recitation exercise by Da- vid Chapman, Francis Lowrey, TIilda Birckel, Alfred Hickson, Beatrice Landry, Harland Chamhbliss, Grover Chambliss. Eiercise on Bible heroes by Ruth Lowrey, Grace Lowrey, Jet Wintter, Marie Wintter, Irene Birckel, Joseph Hicksonl, Melville Chapman,, Beatrice Landry, and Edna Forrest. Song, "Peace On Earith," by. the children. Bible story, "A Boy Who Wanticr to Help," by Miss Marguerite Bylsma. Offering speech by Clarence Bir- ckel. with offertory song response, by the school, an offering being.tak :n to aid needy Sunday schodls. Address by the pastor ' and., the .r- ception of children into the membelr- ship of the church'. Song by the children, "Openi the Gates for Dear Little Feet." Closing song' by the school, "Le'd Us, Mighty Captain." "CIVILIZATION" COMING LACK. Peace-Preparedness Photoplay to Be Shown at 15 and. 25 Cents. Thos. H. Ince's spectacular war drama, "Civilization," )which score such a triumphant hit at the Gem Theatre recently, and which was pro- nounced by all who saw it to have been the greatest film production ever shown in Donaldsonville, has been booked by special request for a return engagement at the Gem Friday, May 25. The admission prices on this occasion' will be only 15 and 25 cents. The doors of the theatre will open at 3 p. m., and there will be a continuous projection df he film until 11 o'clock. Seldom has a screen production caused greater interest than that aroused by "Civilization," and it is likely its second showing here will pack the Gem at every presentation. "Civilization" is impossible to de- scribe, for words cannot reproduce any idea of its significance. You have heard this expression used be- fore in connection with motion pic- tures, and it is often true, 'for the camera in so many ways surpasses the spoken word. But it is truer than ever in this case. The picture is a sermon against the hideousness cf 1 war, and the battle scenes presented are on a scale that astonishes. The r modern engines of destruction are shown in every detail. There al-to definite application in the story' present war, but the production un- dertakes to show how the blessings of peace may be attained without the Ii sacrifice of patriotism. Don't miss this great picture. Let The Chief do your printing: 1 Quality and prices right. Phone 84. R THE UNIVERSAL CAR To Owners of Ford Cars The Ford Motor Company, of Detroit, appointed us authorized agents for Ford cars in this territory, to properly repre- sent Ford interests, to give service to Ford owners. The Company in return demands that we equip and maintain an adequate service station, employing competent Ford mechanics, using only genuine Ford-made materials and charging regular Ford prices. This is the service we are giving to Ford owners. -Materi al-workmanship- prices, the staddard of each guaranteed. When your Ford car needs attention, tring it to us, and get the benefit of expert Ford. mechanics. We give you the assurance of genuine Ford service, with genuine Ford-made parts. Ford cars-Runabout $345; Touring Car $360; Coupielet $505; Town Car $595; Sedan $645, all t. o. b. Detroit. K. A. AUCOIN SDonald Osville, La. WE CAN SAVE YOU 20 TO 5% PER CENT ON YOUR PURCHASES WISHING TO CLOSE OUT AT ONCE OUR BIG STOCK OF: HARDWARE, STOVES, PAINTS AND VARNISHES, WALL; PAPER, FURNITURE, REFRIGERATORS AND CROCKERY, WEI ARE OFFERING THESE GOODS AT . . . . . . . . . SBef t a i-e-War Cost Prices I BUT TCO ;NOW AND TAKE E ADVANTAGE T:HESE REMARKABLE BARGAINS HOME MERCANTILE CO• Donaldsonville,, La. OGHI. CALOMEL MAKES YOU SICK,, ,DON'T STAYG BILIOUS CONSTIPATEO "iodson's Liver Tone" Will Cleal Your Sluggish Liver Better Than Calomel, and Can Not Salivate. :Calomel makes you sick; yo:g loe, .a 's work. Calomel is quis ilver salivates calomel injures ' ' ~river. f you are bilious; feel lazy, ltigish at0 all knocked out, if your bowels kre constipated and your head aches o- -stmach is sour, just take a spoonful of himless Dodson's Liver. Tne, instupd of. using sickening,.' saliva ' ealomel. Dodson's Liver Tone .la" rea l er idedi- eme. You'll know it next morning be- cause you will wako:e ip f.eling I~ j your liver will be working, your heilad ace and dizziness gone, yoUr "stomach wal1 be sweet and bowels regular.- You will feel like working. Ybu'flPbe cbeer fislull of, r viOm a,4 pbion. Your druggist or dealer sells youa 50 cent bottle of I)odson's Liver Tone tunder my personal guarantee that i ,will clean your sluggish liver better than nasdty calomel; it won't make you siek and you can dat anything you wsht; .without being salivated. Your drugglst guarantees that each spoonful will tsitar yotnr liver, clean your bowels 0ad straighten you up by morning or yon `et your money back. Children gladly! take Dodson's Liver Tone because it ils pleasant tasting and doesn't gripe or Oarp, or make them sick. I am selling millions of bottles of IDodaon's Liver Tone to people who hb• found that this pleasant, vegetable, liver medicine takes the place of dangeroul calomel. Buy one bottle on my sound, reliable guarantee. Ask your druggist about me. HOW THIS MOTHER ,-e Fair Haven, Vt.--"I was so nervous and-run down-that I ntittit 1io do y housework for my little faze o e I•-hatd' k baefog nrii [y wo years without help, Oue day 1 rxead 4bo~t- Vinol, anul tiaiks th it,; my !health his been restored go ,L am 4ing ~l my housework onde nm re. aim 7 elling all my friends what. 'inpl has dlone for •e." -Mrs. JAVAfr:SIT. IDDYi: . - Vinol is a combination o-f famous tonics . which we guaraltee, to- build up the weak and run-down. GRIFFON & HOLBROOK Donaldsonville, La. SALESMEN WANTED. $1o COMMISSION allowed on each new account to whom you sell one of our latcet Sales Board Assortments: $5 paid on repeat orders. This is a proposition which sells at sight. Commissaons due as 90on a ; order is shipped. We want 9opj hizh-ctias men who eater`tfb •ETttr •b S fa Inquirers: to receive attention must state line carried and how diong elas--oa-otirgd•- called on, territory and how often eoyere4. (e in on this. K. & S 00. r e Whitin- ustreet, Chicago. Ill. OAT-STRAW W ILL DE IN THE MARKET for 100 tone of -y3at .hated oat-straw': hay, foi rFJine or-JuLy d etvery.. Wenid Iice ti -iar _ram neaehy Oats growei-s. JAMES R. BLACK, Newman Fqrm, Donaldsonville, La. SUGAR MACHINERY WANTED. WIOULD LIKE TO BUY second-hand sugar machinery of 'every. description. Mail L itemized list to TIHOMAS GONSOULIN. LOreasuvill, La. FOR SAjE I ICII tlOX, 100 poundscaeacity and a music i box. May he seen at the reqsidenee of P L: 7~~p~g~tq ~Mg sBl~ 'J- P TYE , LIFT A CORN ,D?:: .OFF WITHOUT PA Cincinnati authority tells how tq= up a corn or callus so it lifts off with fingers. You corn-pestered men and wo1 need suffer no longer. Wear the sal that nearly killed you before, says th Cincinnati authority, because a fedW drops of freezone applied directly. on s tender, aching corn or callus, stops solre ness at once and soon the cornt i hardened callus loosens so it can le lifted out, root and all, without p5l5' A small bottle of freezone cost very little at any drug store, but will tively tals off every hard or corn or callus. This should be as it is inexpensive and is said not'M ,irritate the surrounding skin. If your druggist hasn't any frei.! -teTl him to get a small bottle for y from his wholesale drug house. .It' fine stuff and acts like a charm *7 NOTICE TO PROPERTY OWNER- Donaldsonville. La., May 12., 1917• ONOTICE is hereby given to the proPert• Owners of the parish of A-ccnsion tht the listing of the property of said P• his been completed and the es imated va% torl.made thereon by the a-sessor in accord- 'ce! with law, and the said lists will lie es Agki in the office of the asse, sr for in- spetLion and correction for the term o taentty days, beginning on the 11th da•' Mad and continuing untii the ••st day~R Mayg 1917, inalusive. A. S. ST. AIIANT, AsseSSOr. NOTICE. SOTrCZ Is hereby given that I am a for a pardon. LOUIS SIAL5

Bona lbnu (h ief MISTRETTAS ACQUITTED UOF URDERt€¦ · impaneled, namely: Frank Diez, M. Paul LeBlane, Louis Qhlmeyer, Cam-ille Cassard and Alcide Leroy. Two sets of talesmen, one

  • Upload
    others

  • View
    1

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Bona lbnu (h ief MISTRETTAS ACQUITTED UOF URDERt€¦ · impaneled, namely: Frank Diez, M. Paul LeBlane, Louis Qhlmeyer, Cam-ille Cassard and Alcide Leroy. Two sets of talesmen, one

Bona lbnu ile (h iefSATURDAY, MAY 19, 1917.

LETTERS FROM THE PEOPLE,

The Chief is not responsib.h ' r

views expressed by correspondents.

Concerning the Mistretta Case.

Donaldsonville, La., May 18, 1917.

Editor Chief:Business is credited with fast drift-

ing to perdition, social and civic en-

terprise is on the retrograde, andJustice has released her strong gripon her flaming sword and has suc-

cumbed to the dominant influenceslof the vampire, Vendetta. What has

come over the spirit of good old As-

cension parish and the-town of Don-aldsonville? Is the community goingto sit quietly while this canker-worm

is gradually gnawing at its veryvitals? ,

The verdict of this jury of twelve

honest men representing the fair

state of Louisiana was the most mali-

cious, brazen and dastardly slap inthe face that has ever been perpe-trated upon civilized humanity in the

annals of Ascension judicial proceed-ings.

The least that can be said of this

travesty, is, that the verdict of these"twelve apostles" was most unreason-

able to any fair-minded man, aftercarefully considering the law and the

"evidence as produced by able counselfor both the state and the defense.

JUSTICE.

DISTRICT COURT.

Progress of Litigation Before JudicialBody Briefly Summarized.

Following is a resume of the civil

business transacted at this week's ses-sions of district court:

I. Samuelson & Company vs. Dom-inique Casso; answer filed.

J. P. Hudson vs. E. C. Wathen;judgment for plaintiff by default, forsum of $1366.81, with 6 per cent in-terest from Feb. 12, 1915.

W. B. Thompson, Inc., vs. E. A.Booth and Sidney Nickens; defaultentered.

Hugh H. Landry et als. vs. WesternUnion Telegraph Company; commis-sion issued to take testimony in andout of state, returnable on or beforeJune 5, 1917.

Matthew Wallace vs. Rebecca HillsWallace; plaintiff granted absolute:divorce.

Red Diamond Clothing Companyvs. Henry C. Braud; judgment forplaintiffs by default, for sum of $254,with 5 per cent interest from Dec. 23, i1916.

Diamond Paper Company vs. Hen-ry C. Braud; judgment for plaintiffsby default, for sum of $63.75, withlegal interest from date of judicialdemand.

Succession of Matteo Randazzo;opposition to letters of administrationfixed for trial May 24.

Recruiting Party Passes Through.Donaldsonville received another

visit this week from the United Statesnavy recruiting party, traveling byautomobile, which passed through-thissection a few weeks ago. As on thep•ievious occasion, the party was head-ed by Chief Boatswain J. E. Quirk,and included Chief Yeoman A. J. E.Charbonneau, Hospital Apprentice R.W. Blackmar, and Fireman First ClassF. E. Badie. They arrived here fromNew Orleans at 8 o'clock Thursdaynight and remained until 10:30 a. m.Friday, the period of their stay beingdevoted to circulating advertisingmatter regarding the navy, and in-terviewing young men who haveevinced a desire or might be inducedto enlist in this bi'anch of Uncle Sam'sservice. From Donaldsonville theparty went to Belle Rose, Paincourt-ville, Napoleonville, Labadieville andThibodaux, and thence to pointsalong the Southern Pacific Railroad.On the return trip, covering the eastbank of the river, they will stop atNettle and Darrow, Tn this parish, andUnion, Convent and Lutcher, in St.James.

Twenty-Five Receive Communion.Solemn -first communion exercises

took place Thursday at the localCatholic church, on the occasion ofAscension day. Twenty-five childrenwho had passed the examination suc-cessfully received the sacred sacre-ment in a body at the 7 a. m. mass.During the 9 o'clock. mass they' re-newed the promises of their baptism,and in the afternoon at 5 o'clock theywere received into the confraternityof Our Lady of Mount Carmel, one ofthg girls reading, f•or all the act. of;consecration, to the .Virgin, Mother.These impressive ceremonies weremarked by the rendition of exquisitehymns of love and praise by the Sodal-ity of the Blessed 'Virgin and' theboys' choir of St. JosephJs Commer-cial Institute. During high mass Mr.Juliano, a young Mexican of no com-mon talent, presided at the organ.The benediction at the 5 o'clock ser-vice was given by Rev. Father Grall.-eA day left an undying memory in,

Giarts and minds of all who as-"+he beautiful ceremonies.

e en-Air Church Fair.THEay, Sunday and Monday,i

11 and 4, an open-air fair will

F. 1 n the grounds of St. Vin-itute for the benefit of the

Mississippi 2 of the Catholic church.road Aig by the experience of past

als, the organizers reserve a

A poise for the generous visitors whopatronize the entertainment.

.sides the usual booths and attrac-ions, there will be a Red Cross mili-

tary stand, and a shooting gallerythat will appeal to the aspirations ofthe day. A large space will be avail-able for parking automobiles. An

/enjoyable recreation is promised allwho attend the fair.

Target Practice for Cadet Company.To the Members of the High School

Cadet Corps:Next Saturday morning, May 26,

all cadets will assemble at the ferrylanding in time tb cross the river onthe 8 o'clock boat. The forenoon willbe spent at St. Elmo in drill and tar-get practice. R. S. VICKE.L

Waste Paper.Waste paper and old magazines r

will be purchased at the high school Ibuilding every day between the thours of 9 and 10 a. m. and 3 and 5 ap. in, during the entire summer. The vhighest prices permitted by the mar- hket will be paid in cash. k

R. S. VICKERS, Principal.

MISTRETTAS ACQUITTED UOF URDERtFound NoftGuilty By Jury k~fter Brief Deliberation-Plea

of Self-Defense, in Conrm ction with Alleged "Black

* Hand" Threat, Gains Acquittal for Accused Father

and Son-Trial a Notable One.

After dealibeating less than an hourand taking only one ballot, the juryin the Mistretta murder trial reacheda verdict of not guilty at 12:30 o'clockFriday morninig. Court had adjourn-ed ten minutes earlier, however, andthe verdict was not made known until10 a. m,, when the judicial body re-convened to learn the result of the

jury's deliberations. The outcome ofthe trial was a surprise to those whohad followed the evidence, but therewas no demonstration of any kindwhen the finding was announced. Thename of M. Paul LeBIanc, as foremanof the jury, was signed beneath theverdict.

One of the largest audiences that

has rver assembled in the court-roomon a similar occasion was presentThursday night to hear the argumentsof the lawyers in the noted case. The

flow of oratory was started at 7:30 p.m. and continued without interrup-tion until 11:15, the judge's chargefollowing, and -the case being givento the jury at exactly 11:30 o'clock.

District Attorney George S. Guion

opened and closed for the state.Charles T. Wortham, of Napoleon-ville, former district judge; George:Gullotta, of New Orleans, and Caleb

C. Weber, of Donaldsonville, spokefor the defense in the order named.

The trial was in progress four full

days and half of :Thursday night, andattracted a great deal of attention,

large audiences being presentthroughout the proceedings.

Upon the convening of court in

special session at 10 o'clock Mondaymorning, counsel for accused filed

a motion to quash the jury panel,on the ground that the clerk of courthad not caused the venire to be pub-lished in official form in the officialjournal of the, parish, citing in sup-

port of their contention the provisionsof section 4 of Act No. 135 of 1898.The motion was overruled, whereup-,on another motion was filed, askingfor a continuance of the case on ac-

count of the absence of a materialwitness, a negro- named Newt Clark,who had been summoned by the state,but whose testimony, it was claimed,would be of importance in establish-ing the case for,-the defense. The as-sertion was made in the motion thatknowledge of this fact had only cometo the attention of counsel for the de-fense late Sunday afternoon. Afteran argument . between District At-torney ,Guion and the attorneys forthe accused, an attachment for Clarkwas issued and. a recess of thirtyminutes was taken in order to per-mit the sheriff to look up the missingwitness. Efforts to locate the negrowere unavailing, and when court re-convened, upon the district attorneydeclaring that the state was ready toproceed to trial, Judge Gilbert over-ruled.the motion for a continuance.

The work of iapqaneling a jury wasproceeded 'with, an• from ,the.specialvenire of thirty five jurors were se-cured, to-wit: Lucas M. Poche, JohnB. Gravois, Joseph A. Pertuit, Felix

,~pr v annd Sidnev Eliser.

AOn Tuesday five more jurors wereimpaneled, namely: Frank Diez, M.Paul LeBlane, Louis Qhlmeyer, Cam-ille Cassard and Alcide Leroy. Twosets of talesmen, one of fifty and theother of thirty, were summoned andexamined, but as many of them wereresidents of this community and stat-ed that they had discussed the caseand formed fixed opinions, they wereexcused for cause,,

The trial reached a definite stageWednesday forenoon, when the twomen needed to complete the jury weresecured in the persons of Leon Alonzoand Willie Guedry. It had beennecessary to draw the remainingnineteen names from the tales box,making a total of 130 possible jurorssummoned, of whom, perhaps 100were examined before the tediousprocess of filling the jury box wascompleted. The state exhausted allof its twelve challenges, and the de-fense used more than twenty of thetwenty-four to which it was entitled.

Upon the completion of the jury thestate launched at once into the pre-sentation of its case, introducing aswitnesses Dr.D.C. Brumfield, coroner;Israel Mollere,-; Jr., George Gaudin,Rocco Savoia, Jr., Mrs. Joseph F. A.Matherne, Sr., Miss Virginia Savoiaand Mrs. J. W. Betz. Of these, youngSavoia and his sister and Mrs. Betzoffered the strongest testimony, thetwo former being especially circum-stantial in their lucid version of thekilling and the :events;.immediatel.preceding it. The substance of theirevidence was that Joe .Spampinato,driving an ice delivery wagon, wasproceeding -in the :direction of theMistretta store, .April ,13 last, whenBernard Mistretta-nad his 15-year-oldson, Gaetano, appeared from the rearof their premises; armed with a shot-gun and revolver;, respectively;' thatSpampinato jumped from: his wagonand started to run,; in -a directionaway from the Mistrettas, when hewas shot down by B; Mistretta; thatSpampinato fell ito -his knees end'faced his assailants, with his handsup, whereupon the Mistrettas advanc-ed upon him and, when he fell overto the ground, .eontined. to fire shotsinto his prostrate body;.. Their testi-mony was not shaken or altered un-der a gruelling croes-examination.

Mrs. Matherne testified that shewas in her back-yard, when, her at-tention attracted -by the sound of thepassing ice wagon, she looked up justin time to see the wagon stop oppositeher gate, and Spampinato jump.fromthe vehicle and,+ run back toward

;hetimaches street. She heard a shot,Ind immediately afterward saw B.LIistretta run past in the same direc-;ion taken by Spampinato. Mrs. Ma-herne's gate is some 70-odd feet

rom the bridge across the gutter athe rear gate of the Mistretta prem-ses, which, in turn, is about fifty or

ixty feet from the corner of Charles,nd Houmas streets.

George Gaudin said he was stand.-ng at N. B. LeBlanc's blacksmi(hop, in Charles street between Hou-i'

uas street and Railroad ayenue, when':e saw the ice wagon stop and B. Mis-retta came out of his back gate with 1shotgun in his hands. As Mistretta 1

as in the act of bringing the gun to iis shoulder the witness ren, and inew no more concerning the tragedy. I

Israel Mollere wss. standing on the

lit theast cor'ler of Iailroad avenuea'i'd Charies street; heard a shot, and,looking in that direction, saw B. Mis-trctta and Joe Spampinato facingeach other, about 15 feet apart; af-te:-wards heard three or four moregtun shots and about the same num-i(r of revolver shots.

Mrs. Betz said she was sitting at adt.sk in her hall when she heard a wo-m.an's scream, imhmediately followedby a shot. She ran to the dormerwindow in her parlor and saw JoeSpampinate lying on the ground, withB. Mistretta and his son, Gaetano,standing over him and shooting intohis fallen body. B. Mistretta .kickedthe corpse before walking away.

Dr. Brumfield gave a description ofSpampinato's wounds. A pistol bul-let had entered the left side, belowand to the rear of the heart, penetrat-ing both lungs and lodging in the fleshon the right side, from whence it wasextracted. The right hand was badlytorn by several buck-shot wounds,a main artery having been severed,and the left leg was shattered nearthe ankle by bullets of the same cali-ber. A wound in the neck evidentlymade with a sharp instrument hadsevered the jugular vein and carotidartery. Any of the wounds wouldhave caused death, those in the bodyand neck being necessarily fatal.On cros;-examination. counsel for th(defense endeavored to ascertain fromDr. Brumfield whether the buckshotswhich fractured the left leg may nothave been fired from the front, butthe witness insisted that the penetra-tion was from the rear. As to theother wounds he was not able to say.

After the examination 'of thesewitnesses, at about 3 o'clock Wednes-day afternoon, the jury was taken tothe scene of the crime and an investi-gation made of the surroundings, par-ticularly with reference to the posi-tion of the several eye-witnesses atthe time of the shooting. Upon re-turning to the court-room the districtattorney recalled Miss Savoia andMrs. Betz to elucidate a few pointsin connection with their testimony,after which the state rested.

The first witness for the defensewas Charles Jackson, a negro, who as-serted that he was standing at theMistretta corner on the morning ofthe tragedy, and that when Spam-pinato approached in his wagon B.Mistretta was rolling a barrel oftrash through his ba'ck gate to thebridge which spans the gutter at thatpoint; that Spampinato stopped hiswagon near the bridge, and, sayingsomething to Mistretta in Italian,arose from his seat and made a mo-tion toward his right hip pocket, tak!ing scmething therefrom which thewitness could not identify. Mistret-ta; according to the negro, walkedinto his back yard, reappearing in amoment with a shotgun in his hand.In the meantime Spampinato, so Jack-son alleged, had stepped down fromhis wagon and advanced to the horse'shead. When the two men faced eachother and Mistretta raised his gun,Jackson declares he retreated aroundthe corner. He heard a shot almostimmediately afterward, and in replyto a question by the district attorneysaid it sounded to him like the dis-.- t'•,,'o'0 0"n ( -, ,trr n

Pasquale Mistretta, a brother ofthe accused, was called next. He wasin bed with a nervous attack the morn-ing of the killing and knew none ofthe details. When questions wereput to him concerning the shootingat the Mistretta store the night ofApril 12, a long argument ensued be-tween the attorneys as to the admis-sibility of certain evidence in thisconnection. The witness was finallywithdrawn and B. Mistretta was plac-ed on the stand. Another lengthy de-bate was engaged in between the dis-trict attorney and counsel for the de-fense, concerning the introduction oftestimony tending to show that badblood existed betweern Spampinatoand the Mistrettas, that threatsagainst B. Mistretta had been madeby deceased, and that on two occa-sions prior to the killing Spampinatohad fired upon the Mistrettas. The'court at first ruled the evidence inad-missible, but when the defense attor-neys made the statement that the factof the previous shootings had beenmade known to the sheriff and thatno steps had been taken to apprehendthe guilty party. Judge Gilbert re-vised his decision and stated if thiscould be proved he would permit allthe evidence to be presented. Dis-trict Attorney Guion concurred in thisruling, adding that in justice to thesheriff he demanded that the defenseproceed to substantiate its assertion.

B. Mistretta was permitted to re-sume his testimony, but had not mademuch progress when the case was un-expectedly halted through the failureof a defense witness, Freddie Bour-geois, to swear to the authorship ofcertain threatening letters- received byMistretta and alleged to have beenwritten by Spampinato. This tookthe defense by surprise and they re-quested a continuance of the caseuntil 10 o'clock a. m. %Thursday,which was granted by the court.

Joe Compagna, the first witnessplaced on the stand next morning,enabled the defense to get one of the.'Black Hand" letters in question be-.fore the jury by identifying the hand-writing as that of Spampinato. Thecommunication made , naand uponMistretta for the sum of $500, "other-wise Marianina S.," and warned therecipient to keep silent concerningthe matter, declaring that if he failedto do so, "one of us will pay the pen-alty-death." The letter was writ-ten in Italian, was unsigned and un-dated, and was not enclosed in anenvelope. Mistretta said he found itunder the door of his store one morn-int in the early part of March.

Continuing his testimony, Mistret-ta stated that at about 8:55 o'clockthe night of Feb. 2 of this year, while I

' was walking up and down in his]-. ,,room, Spampinato had shot athim once with a revolver, running t

away when Mistretta dashed to thedoor and returned the fire. From Ithat time on, he asserted, Spampinatohad lurked around the neighborhood 1it night, being frequently observed by I:he witness, who maintained a vigi- I

ant watch over the premises. The f)rigin of the trouble between wit- i

ness and deceased was due to Mis-tretta's refusal to permit his 15-year-old sister-in-law, Marianirla, to marrySpampinato, who was a widower withfive young children.

One Sunday morning, said Mis-tretta, while he was leaning againsta post at the corner of his store.Spampinato came along in his icewagon, and, driving up close to Mis-tretta, said; "You , I'll get youyet." Later John Sansoni came toMistretta and told him he had talkedwith Spampinato concerning the trou-ble existing between the two men;that Spampinato had refused to makefriends with Mistretta unless the lat-ter permitted him to marry Marianinaor give him $500, and had declared,if Mistretta reported the matter tothe authorities and had Spampinatoarrested, he would get out on bail andproceed to exterminate the entireMistretta family and burn their prop-erty.

Again, on the night of April 12,said the witness, while he and hisbrother were on the sidewalk in frontof their store, Spampinato had shot atthem, firing twice from a distance ofabout 70 feet and then running off.

Concerning the events immediatelypreceding the tragedy of the nextmorning, Mistretta's story coincidedwith that of Charles Jackson's, exceptthat he stated when he came out ofhis yard with a shotgun Spampinatothrust his right hand into the waist-band of his trousers as though todraw a weapop, whereupon he (theaccused) fired in the belief that hislife was in danger. On cross-exam-ination by the district attorney, Mis-tretta admitted that he had not toldthe sheriff or other officers who ha('been doing the shooting around. hisstore. He said he had sent Marianinato Chicago March 16, 1916.

Wesley Butler, colored, corroborat-ed Mistretta as to the threat made bySpampinato, and John Sansoni af-firmed Mistretta's testimony regard-ing the talk which he (Sansoni) hadhad with Spampinato and subse-quently related to Mistretta. Thedistrict attorney learned from San-soni that he had waited three or fourdays before telling Mistretta whatSpampinato had said. Witness claim-ed to have been a"good friend of thedeceased.

Gaetano Mistretta said he was inthe store on the morning of April 13when he heard two shots. Lookingout he saw his father with a shotgun,whereupon he rushed into the store,secured a pistol,. and, going to thescene. shot twice at Spampinato. Hesaid that on the morning of Feb. 5,while on his way to school, he passedSpampinato, who leaned out of hiswagon and said to witness, "I'll getyou." At another time, he said,Spampinato came to the school todeliver ice, and, sitting in his wagon,looked at witness through a windowwith an expression of rage, gnashinghis teeth the while, and then reachedunder a seat and produced a revolver,which he placed in an inside coatpocket. The boy accounted for be-ing at home on April 13, which was aFriday, by saying a holiday had beengiven the. pupils of the school thatday.

e Alfred Landry, Jr., a schoolmate ofyoung Mistretta, corroborated thed latter's testimony regarding the en-a counter with Spampinato and the

threat made by the deceased.. Madison Carrdll, colored, 'spwr Spampinato at'the'corne

r of Willina

s and Houmas streets, one block belowi the Mistretta store, shortly after 8

o'clock the night of April 12, andI Sebastian Hidalgo, a white nightt vatchman, observed the deceased neary, the corner of William street and Rail-

, road avenue, walking in the direction

of his home, a few minutes afterhearing the sound of several shots.t Alfred Franklin, alias "Pretty,'

swore that he saw Spampinato shoottwice at B. Mistretta the night ofFeb. 2, and that he had so inform-ed the sheriff when the latter inter-rogated him a couple of days after-ward. He declared that Spampinatoran whein Mistretta commenced shoot-ing, and that during the fusillade abullet from Mistretta's pistol hadpassed through the sleeve of witness'_ -coat near the ,left' shoulder.

A mass of evidence offered by thedefense concerning weapons allegedto have been found in 'Spampinato'sice wagon after the killing was ruled

I out as inadmissible and did not getto the jury. No testimony of anyniature was given to show that de-ceased was armed at the moment hemet his death.

Adolphe Netter, Jasmin Tobias, L.J. Echeverria and Paul Gisclard tes-tified for the accused as characterwitnesses..

On rebuttal, the.state proved byWilliam Smith that Spampinato hadtaken a ,drink in the. Opera Cafe atI about 8 r15 o'clock the night of April12, near which hour Madison Carroll,Sestifying for the defense, had declar-I ed that he had~seen the deceased lurk-ing at the corner of Houmas and Wil.liam streets.

Sheriff Hanson, was called to im-peach the testimofiy of the defensewitne-s, Alfred Franklin. He de-clared that Franklin had told him thatSpampinato had not: fired at the Mis-trettas the night of Feb. 2, all of theshootirig having been done by B. Mis-tretta. The sheriff also stated thathe wds "almost positive" that Mis-tretta- had declared to him that Spam-I pinato had not shot, at him (Mistret-ta) on the night in question.

Chief of 'Police Robert E. Dill as-sorted positively that no informationhad been given hint by Mistretta con-cerning the identity' of the personwho is alleged to have shotat the Mis-trcttas on the nights of Feb. 2 andApril 12. He testified to having thatday measured the distance 'betweenthe bridge opposite the back gate ofthe Mistretta pretiises and the elec-tric light pole nearby, and betweenthe bridge and the gate leading intothe yard of the Matherr.e premises,the object of this evidence being tocontrovert the statement of CharlesJackson, for the defense, as to theplace where Spampinato stopped hiswagon on the morning of the tragedy.Jackson asserted 'the wagon had cometo a halt about 15 feet from thebridge, whereas Mrs. Matherne hadtestified for the state that Spampinatohad stopped his wagon and jumpedtherefrom in front of her gate, morethan 70 feet from the point desig-nated by Jackson.

At this stage the state closed itscase, and, the hour being 6 o'clock,adjournment was ordered to 7:16 p.in., when the arguments began. Theday's proceedings were characterizedby frequent spirited encounters be-tween the attorneys, and more thar thalf the time the jury was withdrawn'from the court-room while the lawyerswrangled. A large number of ex-

ceptions were reserved by the defense,with the view of taking the case to a

higher court in the event of an un-

favorable verdict. Arthur J. Chap-

man, of New Orleans, compiled a

stenographic report of the proceed-

ings throughout. C. DiCristina, also

of New Orleans, acted as official in-

terpreter. arThe district attorney, in his argeT

ments before the jury, contended that

Spampinato was not such a "bad man"as he had been painted by the defense,since according to the evidence he was

usually running away when any shoot-

ing was going on. "Marianii a" was

sent to Chicago in March of 1916,hence Spampinato had had more than

thirteen months in which to "get" the

Mistrettas if he had desired to do

so; but despite the fact that he is al-

leged to have made threats against

them, and even to have shot at themon two occasions, he had not suc-

ceeded in doing them any harm. The

speaker ridiculed the plea of self-defense advanced by the accused, de-claring that the evidence of unim-

peachable witnesses showed that

Spampinato, unarmed, was runningfrom his assailants at the time he wasshot down, and that after he had fall-en to his knees and raised his handsin token of surrender he was brutal-

ly murdered. Even if Spampinatohad threatened Mistretta and com-mitted an overt act, as declared bythe accused, the fact that Mistrettawalked away from the scene and thei-returned with a shotgun would makehim the aggressor and absolutelyeliminate the contention of "self-de-fense," argued the district attorney.He- pointed out that Mistretta hadnot appealed to the constituted au-thorities for protection, or taken any

steps whatever to have Spampinatoapprehended, tut instead had pro-

2eeded to take the. law into his own

ha ds and violate the peace anddi ity of the fair city of Donaldson-ville by assassinating his alleged, en-

emy in cold blood upon one of theprincipal streets of the community, in

broad daylight. Other points in thetestimony were discussed and ex-plained, including the alleged "BlabsHand" letter which figured so promi-aently in the theory of. the defense,and a strong case was made out

against the accused by the brilliantyoung prosecutor.

Equally effective arguments weremade by the three distinguished at-torneys representing the Mistrettas,and their eloquent pleadings,undoubt-edly had a great deal to do with con-vincing the jury that the evidence offered in behalf of the accused wassuch as to justify a verdict of ac-

quittal.

CHILDREN'S DAY EXERCISES.

Interesting Program Arranged forCelebration at Methodist Church.

The annual Children's Day exer-cises at the Donaldsonville Methodistchurch will take place at 10 o'clock'Sunday morning. The title of theprogram will be, "The Child in theMidst," and various features will bepresented in the following order:

Processional hymn, "Jesus, GreatCaptain," by the children of theschool.

Prayer by the pastor, with response,"God Bless the Children," sung by theschool.

Following a scripture lesson settingforth Christ's attitude to children, theschool will sing "'The Sweet: Story ofOld."

Presentation of souvenirs to cradleroll babies by Mrs. J. C. Kirchberg,superintendent, and recitation, "Wel-come to Cradle Roll Members," byBeatrice Landry and Hilda MayBirckel.

Presentation of babies for baptism.Song by the primary and junior de-

partments, "The Babies Are theDearest Gems of All."

Recitation, "The Beginners," byBrunner I,owrey, T'. T. Tyree, andThelma Birckel.

Song by the congregation, "There'sa Friend For Little Children Abovethe Bright Blue Sky."

frimary recitation exercise by Da-vid Chapman, Francis Lowrey, TIildaBirckel, Alfred Hickson, BeatriceLandry, Harland Chamhbliss, GroverChambliss.

Eiercise on Bible heroes by RuthLowrey, Grace Lowrey, Jet Wintter,Marie Wintter, Irene Birckel, JosephHicksonl, Melville Chapman,, BeatriceLandry, and Edna Forrest.

Song, "Peace On Earith," by. thechildren.

Bible story, "A Boy Who Wanticrto Help," by Miss Marguerite Bylsma.

Offering speech by Clarence Bir-ckel. with offertory song response,by the school, an offering being.tak :nto aid needy Sunday schodls.

Address by the pastor ' and., the .r-ception of children into the membelr-ship of the church'.

Song by the children, "Openi theGates for Dear Little Feet."

Closing song' by the school, "Le'dUs, Mighty Captain."

"CIVILIZATION" COMING LACK.

Peace-Preparedness Photoplay to BeShown at 15 and. 25 Cents.

Thos. H. Ince's spectacular wardrama, "Civilization," )which scoresuch a triumphant hit at the GemTheatre recently, and which was pro-nounced by all who saw it to havebeen the greatest film productionever shown in Donaldsonville, hasbeen booked by special request fora return engagement at the GemFriday, May 25. The admissionprices on this occasion' will be only15 and 25 cents. The doors of thetheatre will open at 3 p. m., and therewill be a continuous projection dfhe film until 11 o'clock.

Seldom has a screen productioncaused greater interest than thataroused by "Civilization," and it islikely its second showing here willpack the Gem at every presentation.

"Civilization" is impossible to de-scribe, for words cannot reproduceany idea of its significance. Youhave heard this expression used be-fore in connection with motion pic-tures, and it is often true, 'for thecamera in so many ways surpassesthe spoken word. But it is truer thanever in this case. The picture is asermon against the hideousness cf 1war, and the battle scenes presentedare on a scale that astonishes. The rmodern engines of destruction areshown in every detail. There al-todefinite application in the story'present war, but the production un-dertakes to show how the blessings ofpeace may be attained without the Iisacrifice of patriotism. Don't missthis great picture.

Let The Chief do your printing: 1Quality and prices right. Phone 84. R

THE UNIVERSAL CAR

To Owners of Ford Cars

The Ford Motor Company, of Detroit,appointed us authorized agents for Fordcars in this territory, to properly repre-sent Ford interests, to give service toFord owners. The Company in returndemands that we equip and maintainan adequate service station, employingcompetent Ford mechanics, using onlygenuine Ford-made materials and

charging regular Ford prices.

This is the service we are giving to Fordowners. -Materi al-workmanship-prices, the staddard of each guaranteed.

When your Ford car needs attention,

tring it to us, and get the benefit of

expert Ford. mechanics. We give youthe assurance of genuine Ford service,with genuine Ford-made parts.

Ford cars-Runabout $345; TouringCar $360; Coupielet $505; Town Car$595; Sedan $645, all t. o. b. Detroit.

K. A. AUCOINSDonald Osville, La.

WE CAN SAVE YOU 20 TO 5%PER CENT ON YOUR

PURCHASESWISHING TO CLOSE OUT AT ONCE OUR BIG STOCK OF:

HARDWARE, STOVES, PAINTS AND VARNISHES, WALL;PAPER, FURNITURE, REFRIGERATORS AND CROCKERY, WEIARE OFFERING THESE GOODS AT . . . . . . . . .

SBef t a i-e-War Cost PricesI BUT TCO ;NOW AND TAKE E ADVANTAGE

T:HESE REMARKABLE BARGAINS

HOME MERCANTILE CO•Donaldsonville,, La.

OGHI. CALOMEL MAKES YOU SICK,,,DON'T STAYG BILIOUS CONSTIPATEO

"iodson's Liver Tone" Will Cleal YourSluggish Liver Better Than Calomel,

and Can Not Salivate.:Calomel makes you sick; yo:g loe,

.a 's work. Calomel is quis ilversalivates calomel injures ' ' ~river.f you are bilious; feel lazy, ltigishat0 all knocked out, if your bowels kre

constipated and your head aches o--stmach is sour, just take a spoonful ofhimless Dodson's Liver. Tne, instupdof. using sickening,.' saliva ' ealomel.Dodson's Liver Tone .la" rea l er idedi-eme. You'll know it next morning be-cause you will wako:e ip f.eling I~ jyour liver will be working, your heiladace and dizziness gone, yoUr "stomachwal1 be sweet and bowels regular.- Youwill feel like working. Ybu'flPbe cbeer

fislull of, r viOm a,4 pbion.

Your druggist or dealer sells youa50 cent bottle of I)odson's Liver Tonetunder my personal guarantee that i,will clean your sluggish liver better thannasdty calomel; it won't make you siekand you can dat anything you wsht;.without being salivated. Your drugglstguarantees that each spoonful will tsitaryotnr liver, clean your bowels 0adstraighten you up by morning or yon`et your money back. Children gladly!take Dodson's Liver Tone because it ilspleasant tasting and doesn't gripe orOarp, or make them sick.

I am selling millions of bottles ofIDodaon's Liver Tone to people who hb•

found that this pleasant, vegetable, livermedicine takes the place of dangeroulcalomel. Buy one bottle on my sound,reliable guarantee. Ask your druggistabout me.

HOW THIS MOTHER ,-eFair Haven, Vt.--"I was so nervous

and-run down-that I ntittit 1io do yhousework for my little faze o eI•-hatd' k baefog nrii [y wo yearswithout help, Oue day 1 rxead 4bo~t-Vinol, anul tiaiks th it,; my !health hisbeen restored go ,L am 4ing ~l myhousework onde nm re. aim 7 elling allmy friends what. 'inpl has dlone for •e."-Mrs. JAVAfr:SIT. IDDYi: . -

Vinol is a combination o-f famoustonics .which we guaraltee, to- buildup the weak and run-down.

GRIFFON & HOLBROOKDonaldsonville, La.

SALESMEN WANTED.

$1o COMMISSION allowed on each newaccount to whom you sell one of ourlatcet Sales Board Assortments: $5

paid on repeat orders. This is a propositionwhich sells at sight. Commissaons due as90on a ; order is shipped. We want 9opjhizh-ctias men who eater`tfb •ETttr •b S faInquirers: to receive attention must stateline carried and how diong elas--oa-otirgd•-called on, territory and how often eoyere4.(e in on this. K. & S 00. r eWhitin- ustreet, Chicago. Ill.

OAT-STRAWW ILL DE IN THE MARKET for 100 toneof -y3at .hated oat-straw': hay, foi rFJineor-JuLy d etvery.. Wenid Iice ti -iar_ram neaehy Oats growei-s. JAMES R.BLACK, Newman Fqrm, Donaldsonville, La.

SUGAR MACHINERY WANTED.WIOULD LIKE TO BUY second-hand sugarmachinery of 'every. description. MailL itemized list to TIHOMAS GONSOULIN.

LOreasuvill, La.

FOR SAjE IICII tlOX, 100 poundscaeacity and a music ibox. May he seen at the reqsidenee of P

L: 7~~p~g~tq ~Mg sBl~ 'J- P

TYE , LIFT A CORN

,D?:: .OFF WITHOUT PA

Cincinnati authority tells how tq=

up a corn or callus so it liftsoff with fingers.

You corn-pestered men and wo1need suffer no longer. Wear the salthat nearly killed you before, says thCincinnati authority, because a fedWdrops of freezone applied directly. on stender, aching corn or callus, stops solreness at once and soon the cornt ihardened callus loosens so it can lelifted out, root and all, without p5l5'

A small bottle of freezone cost verylittle at any drug store, but willtively tals off every hard orcorn or callus. This should beas it is inexpensive and is said not'M,irritate the surrounding skin.

If your druggist hasn't any frei.!-teTl him to get a small bottle for yfrom his wholesale drug house. .It'fine stuff and acts like a charm *7

NOTICE TO PROPERTY OWNER-Donaldsonville. La., May 12., 1917•

ONOTICE is hereby given to the proPert•Owners of the parish of A-ccnsion thtthe listing of the property of said P•

his been completed and the es imated va%torl.made thereon by the a-sessor in accord-

'ce! with law, and the said lists will lie es

Agki in the office of the asse, sr for in-spetLion and correction for the term otaentty days, beginning on the 11th da•'Mad and continuing untii the ••st day~RMayg 1917, inalusive.

A. S. ST. AIIANT, AsseSSOr.

NOTICE.SOTrCZ Is hereby given that I am a

for a pardon. LOUIS SIAL5