The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-10-16
GUILTY OF MURDER.
CyPRIEN cosTATRoLAz CONVICTED OF THE
KILLING or MATHIEU MArHEvoN AND SEN
rENcsD TO EXECUTION ON THE 18th OF
DECEMBER NEXT.


KILLING or MATHIEU NArHEvoN AND sEN-
rENcKD TO EXECUTION ON THE 18th OF
DECEMBER NEXT.
BY TELEGRAPH TO THE HERALD.
MONTREAL. Oct Is. 1878
Alter u trial which lasted Two days, Cyprisn Costa
frolaz, alias DE MrabeI, resident or Rouse's Point
N. Y, was found gaiity OF Inc murder Of hathieu
Msihevon, . commercial agent Of Montreal and SON
te0ce OF death was pronounced against him. Judge
johnson In pronouncing the death sentence
deeply moved, and . breashlsss silence
rsgned In the crowded court The prisoner,
whose sel-possessiou had gradually deserted him,
wore tho close OF the trial expression OF the
deepest anxiety, which told more PLAINLY than words
desert be what mental suGsring no endured The
evidence was crcumstantial, but was convincing
that the verdict, which coasigns the prisoner 10
teion's death. was generally anticipated The coun-
sci who were understood TO have prepared
the defence failed 10 appear, and the
Court appointed Mr.. 4. Outlet, young law
yer OF ST. John 10 defend him. which he
did the best OF his ability, without any prepare
ton. II proved that the man Costsirolaz had
been seen leaving Rouses Point with Hatnevon, In
bout at six O'Clock The msrning Of the Gath OF
July; that O'Clock the boat with only
one in It, Who on perceivng that he was OBJ
served. cast on an object that he had been towing;
that AZ noon Castatroaz bred . 10 him
which, was secrescd on an island near tho spo;
whore the had been casting OF the object
saS lSat Shsu cos,siroIax was arrested be haa I'M,
trunk and Mathevon's gold watch. cham and locket
In MS possession. THO body Of Aatnsvon, when
found near the place where the man IN the boat had
been seen casting Oh the black object IN the
nver had e'sn. 80, wounds on me head.
perforated II also proved that Costairolaz had
employed man 10 repair revolver, which was re-
the revolver was twisted out OF shape as II il hsa
ceen 20 strike heavy blows.
QUESTION OF JURISDICTION
Costafroaz's counsel raised tho question OF juPlsdc
tiOn arguing that had not been proven the murder
bad been committed ~ CAnad. Aa.hevon nigh. have
the body might have drifted into Canada. The Judge
allowed the case - 20 TO me Jury and stated that u
United states TO settle sne matter from the facts that
has been proved.
rnK CHARGE JURY.
HIS Honor, who was much affected, then charged
the jury saying It was matter OF deep
cate, for though. as matter OF ch4r,,y,
the Court haa appointed ysung lawyer, who IL was
true had ALREADY himself; as9 VINO mac
ally without defender and deienceess Mr. 81 Pierre,
50 tue prisoner sad was 70 nave undertaken 20 dc.
Judge aud the J0ry the prisoners counsel,
but must Judge according 70 tne iacss and they
Judge wsrs there fulfil the 0Aihs they had take
10 Ihcr auty aud administer the Law. No one,
but murderers did invite Witnesses them
commit crimes, ana except IN open braws u vas
seldom that tnsre were witnesses 70 sucn desd&
Somsthinx had been said oil crcumsanyial evidence,
but circunlstantial evidence was often tho worry
strongest evidence In direct evidence tho testimony
might be easily tals6ed The chain OF evidence
complete. II would not, perhaps, do for HIS
Honor analyze all the facts too closely. Tho elo-
qusnt counsel Tor she defence, who had made noble
the prisoner had stated that the In In
chain OF evidence wore suppossitiOus; but vhen
ST. Michael who Ashina. testified he had
4 OBJECT IA the river u not 0uppO
sit,on IL was true no had not identified tho man
who IN tho boat, but no idenuhed the
boat itself. which was the Same thing.
WAS said Is q supposiu0n that the object follow
ing the boat the body Of deceased 1t vas nos
suppositon but inference, reasonable inisr
the prisoner had gone to G<ahaDs to get assistance
20 recover Mashsvons vatss. aud that he had Alter
ward claimed the large trunk at the railway station,
producing Malhcvon's check. These fAos which
si.itioua might have been urged that MasSe-
Cos,oroiaz 10 ssi The GOODS .aey contained Tor him.
| and nothing mad been proved 70 the contrary; bus
this would account for The TACT that the prisoner
| vas Ia pos esston Of the personal properly OF
| Mathevon, including hts watch cham II Is had
beeu proved that be had NAIthevon's watch. II
not possible that he might also hts money! The
| prisoner told Ara Costs that Mathevon had
| gone 20 Albany. This was untrue Aa,hcvon
vas dead. and his goods were N the
had committed tho United states ana that
the body had driled the Canadian aide; but they
tend 20 show that the murder had been com NIT, cd
the Canadian ssdc. Ao charged them under pain
full circumstances. and he could tell
he would do 30, but ne could not tell
them tnors was q doubt II they believed the testi-
mony Still IL would be their duty consider all the
that the possibility Of q do0bt existed Il would be
their duty 10 acQuit After an absence Of twenty
His Honor then sentenced Cossolroax TO be executed
On the 18th OF December next