New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-24
THE BAxTER-Sr HOMICIDE.

CONCLUSION OF THE TRIAL-THE PRISONER
FOUND GUILTY OF MURDER IN THE SECOND
DEGREE, AND SENTENCED TO IMPRISONMENT
FOR LIFE.
The trial of Donate MagaldO for the murder
OF John Ryand was resumed before Judge Barnard yes
terday much larger crowd being present in court than
on Monday.
Francesca Tavaller recalled and tcstihed-Whenl
first these men they were ON he Opposite sle OF uo
street was eight PAGES from the prisoners tile others
were 40 PAGES from tho prisoners all three ogeher
came the street they walked across ia inc same
lipe they all tho sidewalk, ana then uncu anu
Sother; Ryand was neither behind advance they
were all together; II them would know them;
saw one Of them sitting in this seat yesterday they AZ
advanced slowly and when they crossed tho street
they walked faster directly toward the psoner as soon
appeared taking of their coats, and one said Lot
him alone he is not the one who whipped the woman
take OF his Jacket made this remark understand ie
English ahsH@s was hG ebou from them
when they taking off their coats the prisoner haa
thee - then the man who il dead said, will kill YOU
and put his hand his own hip under his coat; he
two or three times OF b-h he accused him OF
m on 1e aSd spas %e bnt
don't know whether he drunk or not hc did not use
any other prOfaue language he was making movemon 4
in the air with hand and had the other hand in his
pocket l saw the prisoner give one blow 70 inc De
times and the prisoner slipped back against tho
wall; Italian told prisoner Take care, he has
told him that deceased calico MN son or n
| b-h and wanted to fight him; they were facing each
other about seven eight minutes when prisoner drew
drew s his knife Ge with one hand took deceased by the
coat turned him partly around and stabbed him. (witness
ceased went away about 10 PAGES before he fo the ps
remained standing where he was from 10 TO ~ min
| utes
Crossexamined-D standing on the sidewalk
when he struck there myself and another Ial-
standing alone no other italians were near prisoner
the prisoner remained there ten or twelve minutes after
STEP without the knife IN his hand saw deceased walk
off and fan the ground walked of the sidewalk across
the and fell the opposite sidewalk Wtness
identified Seaman and Golden who crossed the street with
the deceased These two men stood there until deceased
struck with the knife they ran OIL immediately after
Ineri Cascl testified to almost exactly the same state
Of facts his evidence being delivered In curious
English and Italian After testfying 10 the three
one says God d-n want TO nght;o the prisoner says
81 don't understand two of the men did not want to let
the deceased fight because prisoner not tho
that whipped the they said, Let him co. it is
him." then deceased made movement to take off his
coat his companions then tired to hold him back and de-
ceased put his hand In his pocket said God d-n, will
shoot you;" some one behind said to prisoner Look out
about five feet from the wall he retired toward the
house when menaced by the rishnan witness described
before he fell they standing face to face when prs
Oner drew the knife.
Cross-examined-Decea was on the sidewalk when
he was struck with the knife they nearer the
houses than TO the crbsone the prisoner stopped there
with the knife in his hand three minutes TIL tie
went the street and fell down. then the prs-
oner walked up TO Parks and ran when he got 10 Null
berTyst he had the knife In his hand when he turned
the corner OF Muberryat IT is about 80 feet to Null
RedrectThe prisoner put the knife back in the scab
bard Immediately after stabblng.
To the Court sawRyland put his hands his pockets
take the out OF pocket take the sheath OF
Luigi spadoni testhed-I first saw Ryland at the
men OF the difficulty when they were crossing the street.
there three together did not look at the other
closely, but believe the two men saw here with
Ryland they were crossing the street little rapidly
the deceased was nearest tho prisoner their
though they wanted to beat the prisoner the
prisoner standing the sidewalk near tho curb
stone was standing about five PAGES from him l un-
derstand English but cannot speak any after the
deceased crossed the street he said some bad words
usual in the English language, and wanted to fight
did not hear anything SAID about woman;
as If he wanted to fight; the prisoner stood
stl, and when he saw deceased advance prisoner
rctreaed little; the other two with deceased tried
70 take him because the prisoner not the
they were looking for the deceased then put his hands
nfe at the time deceased put his hands IN his pockets
nc spoke some words in Italian which IN English sgni
taislng 10 the prlsoher; was standing little behind,
ana saw merely the movement OF the prisoner looking
TOT MS KhIe the prisoner was nearest TO the wall and
the deceased was facing him. observed the prisoner to
give the blow In stabbing with his left hand; the de-
the prisoner drew his knife stabbed deceased imme.
daleiy upon deceased putting his hands In his pockets
pocket.
On he stated that the prisoner stood
sone ne before going away, and that he carried his
knife in his handhe thought in its sheatlas he went
oioyahh Capauh testified TO hearing the deceased say
that prisoner had struck woman and 10 fbreatening
Language and gestures toward the prisoner -
Louis W. Tinelli was called 10 prove a bitter feeling
between inc Italians and IIsmcn OF the Ward but his
testimony was excluded '' ~
conduct OF the prisoner " Wv oON
This closed the defense
Peter Seaman and Bernard Golden were recalled by
the prosecution, and rearmed their nrcops cvidencc
and especially that they had not accompanied Ryand
After hearing tho arguments OF the counsel on both
sides Judge Barnard charged the Jury reviewing the
facts OF tue case as brought forth by the testimony and