The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-03
The HAROLD HOMICIDE,

steRani Found Guilty of Murder in the
Second Degree and Sentenced to State
Prison for Life-Paoli Acquitted.
The trial or the Italians. rietro Stefsni and Sar-
gent Paoli, for the alleged murder OF Michael Har-
'rold, was resumed yesterday in the Court OF Oyer
and Terminer, Judge Brady on the bench. Addh
ttonal testimony was given for the defence, but
referring solely to the character OF the prisoners.
Alexandra Philippini, CLERK at Delmonicos, exam
tned by Mr.. II. G. Dennlson, testified that he knew
Stefani to be Of very peaceable character. Chas.
Rosettl, Pietro Giovanni, Franco Piazzl, Jacomo
Catanio, Jose Rameli and 1omaso Petuamlni gave
similar testimony. Pietro Giovanni was recalled,
and stated, in addition, that he had seen the de-
ceased In possession OF a knife and pistol. This
closed the case for the defence. The prosecution
put in evidence or the peaceable character Of Har
rold and this closed the case on both sides.
Mr. Charles W. Brooke proceeded to sum up for
the defence. He said the lacts were lew ana SIM
pie. and he began by discussing tue grade Of guilt
applicable to the evidence. He contended that
the DEFENDANTS were not guilty OF the highest
grade OF murder. There was no elaboration In the
killing. IL was done in the heat OF passion AS TO
Paoh he claimed that there was no evidence
MIR. Phelps replied on behalf Of the prosecution
lie commented On tue savage nature OF the assault;
Paoli down under ar0ld, but In no danger, no
blows struck by Harold and sterani fixing his
knife, with blade SIX inches long, rushing at Har-
rold and stabbing hlm five times IN the neck and
back.
Judge Brady in hts charge defined murder in the
secouQ degree to Kill u man unntentionally, put
without Fermentation. The intent was an i'm
poTtant element, TO be determined from the cir
cumstances, the relation OF the parties to each
other, the weapon used, the number Of wounds In
hicted and the part OF me body wounded The
wife saw the two prisoners hold Harold down and
blood was on the Moor. the defendant must be
without FAULT himself He must retire II he can do
so with safety. steffani ola not Try to drag Har-
rold away, but struck him. Harold was protect
ing his guest, Colbert, when the assault began
the jury retired at few minutes TO SIX and after
about an hour and q half came into court again
and rendered verdict OF murder in the second
degree against Stelfani, with a recommendation to
Mr. Phelps then moved for judgment on the ver-
dict, and said though there was no discretion in
the recommendation OF the jury would be COM
municated TO the proper parties.
Mr. Brooke applied Tor delay In passing sentence
on the usual grounds until Monday.
Mr.. Phelps argued that there might be some diff
hculty, as the new term commenced on Monday.
Judge Brady then ordered the prisoners to RISE
and In answer to the usual HETEROGENEOUS by MIR.
sparks the Clerk, Steffdn said he is twenty three
years OF age. WAITER last resided at No. 223 South
Filth avenue, ana had nothing to say why sentence
SHOULD not be pronOun
Judge Brady in passing sentence said IA jury
intelligent 1oay nave con-
guilty OF murder in the second degree, the punish
ment tor which, without discretion OF the Court is
imprisonment for life. The recommendation Of
the Jury will be presen ted to the Executive. You
are sentenced to State Prison for lile."
Paoli was then discharged on the application Of
Mr.. Brooke
Judge Bradv-This is an illustration of the unfor-
tunate result OF carrying weapons needlessly. II
this man did not adopt carrying weapons this I'M
fortunate result would not have happened.
The possibility OF a neu issue or fnconpertib1e
paper regard ,oith amaze,nent and anxiety, and,
in nv judgment, such an issue ,oould be denri-
naent and a shane-CHARLRs SUMNER.