People v. Scalisi
| Decision Date | 23 December 1926 |
| Docket Number | No. 17745.,17745. |
| Citation | 324 Ill. 131,154 N.E. 715 |
| Parties | PEOPLE v. SCALISI et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Error to Criminal Court, Cook County; William V. Brothers, Judge.
John Scalisi and another were convicted of murder, and they bring error.
Reversed and remanded.
De Young, J., dissenting.Patrick H. O'Donnell and Thomas D. Nash, both of Chicago (Michael J. Ahern, of Chicago, of counsel), for plaintiffs in error.
Oscar E. Carlstrom, Atty. Gen., Robert E. Crowe, State's Atty., of Chicago, and Merrill F. Wehmhoff, of Decatur (George E. Gorman, Edward E. Wilson, and Clarence E. Nelson, all of Chicago, of counsel), for the People.
Plaintiffs in error, John Scalisi and Albert Anselmi, were in the criminal court of Cook county convicted of the murder of Harold Olson and were sentenced to imprisonment in the penitentiary for the term of 14 years. The record of the cause is now before this court for review upon writ of error.
Albert Anselmi, 43 years of age at the time of the trial, was born in Marcella, Sicily, and first came to America in 1913. He resided in the state of New York until the latter part of 1921, when he returned to Italy, where he remained until November, 1924, at which time he came to Chicago and engaged in the cheese and oil business, in which business he continued until June 13, 1925. His knowledge of the English language was limited, and his examination as a witness was conducted with the aid of an interpreter. So far as this record shows, prior to June 13, 1925, he had never been charged with any criminal offense, and was a man of good reputation. Plaintiff in error John Scalisi, aged 27 years, was born in Sostraintriano, Italy, and came to America about 4 1/2 years ago. He first resided at St. Louis, Mo., and afterwards came to Chicago, where, on June 13, 1925, and for some time prior thereto, he conducted an Italian restaurant at 1014 South Halsted street. So far as this record shows, prior to June 13, 1925, he had never been charged with any criminal offense, and was a man of good reputation. In the morning of June 13, 1925, he went to a barber shop to Taylor street and Blue Island avenue, where he met Anselmi. While they were there Mike Genna came up in a Cadillac car, and Anselmi went out to talk to him. Genna asked him if he wanted to take a ride, and he also called Scalisi, and asked him if he wanted to take a ride. Scalisi and Anselmi got in the rear seat of the car, and, with Genna driving, at about 9 a. m. they started to go to the residence of Tony Genna, a brother of Mike. They went west on Taylor street to Ogden avenue, and thence to Western avenue, upon which they proceeded south almost to Sixtieth street. When Scalisi and Anselmi got in the car they saw four or five shot guns and three revolvers on the floor of the car. Genna told them why the guns were there, but Scalisi and Anselmi were not allowed to testify as to what Genna told them on that subject. Their attorney offered to prove that Genna said that he had been informed by a friendly police officer that a raid was being planned upon the Italian-American Club, in which the guns were, and that he had been informed by the police officer that it would be well for him to get the guns out of there, and with that in mind he had them in the car, and was taking them out to the home of his brother, Tony, who lived in the vicinity of Fifty-Sixth street and Western avenue. The state's attorney objected, and plaintiffs in error were not allowed to make this proof. Each plaintiff in error testified that he did not own any of the guns, and that of his own knowledge he did not know whose guns they were; that he had no information from any source that he was wanted for any offense by the police of Chicago at the time he got into the automobile; that he had no reason to believe that the police of Chicago might want to arrest him; that the guns were not in the car for the purpose of resisting police officers if they should attempt to arrest him; and that he did not, on June 13, 1925, or before, have any malice, ill will, or hatred toward police officers as a class.
About 9 o'clock in the morning of June 13, 1925, four police officers of the city of Chicago, Harold Olson, Charles Walsh, William Sweeney, and Michael Conway, comprising a police automobile squad, were cruising about in the neighborhood of Forty-Seventh street and Western avenue in a seven-passenger Paige touring car, equipped with a large brass bell located on the running-board near the right front fender, and painted dark blue—the same color as the car. The bell, when rung, was manipulated by a cord leading from the right front seat, where the squad leader, Conway, sat. To the left of Conway, and driving the car, was the deceased, Harold Olson. In the rear seat were Sweeney and Walsh. A rack in the tonneau, fastened to the back of the front seat, held two repeating Marlin single-barreled pump-guns, the magazine of each loaded with five 12-gauge shells. The chokes of these guns were cut off or left out in manufacture, and on that account they were known as riot guns, or sawed-off shotguns. While going north on Western avenue, about 400 feet north of Forty-Seventh street, the squad car met Genna's Cadillac touring car, going south. When the squad car had gone about 100 or 200 feet further north, Conway, the squad leader, directed Olson to turn the car around and follow the Cadillac car to see who the men were who were in it. Conway testified that the only reason for following them was out of curiosity, and that outside of the fact that the car was a Cadillac, with these men in it at that time in the morning, there was nothing about the Cadillac which attracted the attention or suspicion of the police squad. When the cars met they were each going about 10 miles an hour. After the squad car got south of Forty-Seventh street the Cadillac started to go faster. Up to Fifty-Fifth street, a mile south of Forty-Seventh street, the greatest speed which the Cadillac had attained was 35 to 40 miles an hour, the squad car gaining on it. A short distance north of Sixtieth street the Cadillac car swerved to one side, as Conway testified, as if the driver had lost control, and it either skidded or was backed up over the west curb, and came to a stop with its rear end over the parkway and the front facing northeast. The squad car continued south past it for about 25 feet, and then turned around toward the Cadillac, stopping with its front portion facing northwest—a distance variously estimated at from 7 to 25 feet from the right side of the Cadillac. The four policemen and the occupants of the Cadillac got out of their respective cars at about the same time. The police were not in uniform. Conway wore a pepper and salt suit, a straw hat, a white shirt with a red stripe in it, with collar to match, and a black tie. Sweeney wore a dark suit and a dark cap. Walsh wore a brown suit, cap, tan shirt, and a soft turned-down collar to match. Olson wore a blue suit, cap, and a white shirt and collar. All of the police were cleanly shaven, except Sweeney, who needed a shave. Conway testified that Sweeney had a shotgun in his hands in the car from about Fifty-First street; that he had the stock under his arm alongside his waist, with the barrel down to the floor; that when they were just past Fifty-First street he looked around, and told Sweeney to get the shotguns ready; that at that time he did not know that the men had any guns in the Cadillac car; that he had his revolver ready for use at Fifty-First street; that, when the squad got out of the car, he saw Walsh walk to the rear of the Cadillac with a shotgun in his hand; that, when Sweeney stepped out of the car he, too, had a shotgun in his hand; that Walsh approached the rear of the Cadillac car with the muzzle of the gun pointed in its direction; that he thinks Walsh had his hand on the trigger; that he (Conway) held his gun alongside of him, pointed downwards; that Walsh had his shotgun leveled all the time as he approached from the Paige car, and while he was going over to the Cadillac; that Walsh and he were in the lead as they approached the Cadillac, and Olson was a few feet behind them; that, when they were about a foot away from the windshield of the Cadillac, Olson and he at the same time said they were police officers; that the going on the police car had been rung continuously for some time prior to stopping; that, when he stepped out of the car, he rang the gong; that, when they were 3 feet away from the car, they said they were police officers two or three times; that, as they approached, they saw no guns in the hands of any of the men in the Cadillac; that he was about a foot away from the windshield of the Cadillac before he saw any guns; that as they got to the Cadillac, Anselmi was down in a crouching position with a shotgun; that he heard a blast from Anselmi's gun, and Walsh fell dead; that Scalisi was down in a crouching position, and that he heard a blast from his gun, and Olson fell dead; that Genna was still standing alongside the car with a shotgun in his hand, which he clicked a couple of times, whereupon witness fired, and then ran, and got behind the hood of the Paige car; that Scalisi came around the rear of the Cadillac, and fired two charges out of a double-barreled shotgun right at the Paige; that he (Conway) was shot on the side of the ear and in the head; that he met Sweeney in back of the car, and told him to stand up and fight; that he reloaded his revolver; that Genna came out in front of the Cadillac with a shotgun, and fired two charges at him; that witness ran toward him and fired a couple of shots, and Genna ran back of the Cadillac, behind the hood of the engine; that their shotguns were over the side of the car, and no heads were visible; that a blast came from them, and witness got down again; that, after he got up, there was another volley, and witness got shot over the heart;...
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