The New York herald., 1879-09-20
SAVED FROM THE GALLOWS
FRANCISCO PoRcELLo, THE MURDERER OF
MICHAEL BoLENDER, SENTENCED TO THE

FRANCISCO PoRcELLo, THE MURDERER OF
MICHAEL BoLENDER, SENTENCED TO THE
STATE PRISON FOR LIFE
The fate of Francisco Porcello for the murder Of
Michael Boender. foreman in Slausson Co.'s con-
fectionery, by stabbing him to the heart at the
ner of Church and Fulton streets. the oath of July
last was decided yesterday in the Court of General
Sessions before Judge Cowing. Mr.. william f.
Knitting began the prisoners defence at ten CLOCK
at which hour the court opened. The first witness
called Victoria Porcello the wife of the accused
who testified that since her husband was discharged
from Slaussons factory on the lst of January the
family had been in state of starvation. Porcello
could rarely lind any work. He obtained food for
her and her child. often going without nourishment
himself in order to provide for them. He walked
the floor or No. 80 Baxter street night after
night. shouting out, Work. Work." On the 10Th
of July he learned that Bolender authorized to
engage some hands, the busy season had CON-
mcnced he went to Bolender and begged hard for
work; Bolender told him that lie would hire any
he liked. aud employed three men in Porcello's
presence; Porcello came home almost in a frantic
condition; their last penny having been spent on
the 23d of July. they were compelled to beg; wit
arrested and committed to Blackwell's
Island as a vagrant.
David Obano of No. 38 Baxter street gave evidence
to the effect that lie looked Tor Porceo at 1our
O'Clock the afternoon OF the oath of July to in
form HIM OF his wite's arrest; he discovered him
lying the roof of the house in the hot sum when
told of her incarceration he raved like a maniac.
Warden Finn of the City Prison, aud Others gave
evidence to the prisoners attempt kill himself
and also to starve himself to death.
MENTAL ALIENATION"
DR.. Edward c. Spetzka said he had made speciality
OF the study of mental alienation for years; the
best authorities on mental alienation divide 1T
four cardinal classes-maina meancholia. dementia
and paraly yss the CHIEF causes of mental alienation
are worry about domestic or other misfortunes, de-
privaon of food other necessaries of life and
OF sleep; the last was not only most active
but u warning symptom OF mental alienation; any
of these causes was sufficient to produce mental
allenaton sudden shock might cause
acute mania In reply to counsel as
to whether in his opinion the accused
was sane or insane when the fatal blow was struck
the witness said that he thought the prisoner was
acting under the overwhelming influence OF acute
mania at that moment. In his case there all
the well known causes of acute MANIA aud his con-
duct before and after the deed was in the opinion of
the witness. an indication that those causes had
present appearance confirmed such an opinion, tor
he looked like melancholy maniac.
Inc tes0ny or pr; speszxa w. was Sorro3orated by
Messrs Knitting and James d. McClelland. counsel
for the prisoner rested for the defence.
MR.. ROLLINS ADDRESS.
When the court reassembled Assistant District At
torney Rollins, who conducted the prosecution, adj
dressed the Court amid breathless silence. He
said :-"Your Honor during recess q conference was
held between the counsel for the defence and myself
The result arrived at was that this should bo
W
Before the trial was begun counsel for the defence
offered behalf of the prisoner the plea OF guilty
of murder in the second degree. did not then feel
ought to accept tho plea. 1 believed there were
circumstances i'll the that would insure popular
criticism Of such course on my part. determined
that the should be laid before jury, and that
they should define the legal quality Of the prisoners
offence. The defence insanity. The prisoners
counsel arc entirely satisfied that whatever views
physicians may entertain to the prisoners crime
the IN is clear the subject. The law states that
if man stab another to the heart with the knowl-
adu in iuh hat fvvha ha ia daiuu
death and that he is doing wrong, he is guilty of
murder Acute mania it seems. is not incompatible
with the knowledge OF the character Of any act of
violence done under its influence. 1t is wild gust
OF passion Though God may judge leniently the
last DAY and men may give human sympathy to the
sufferer with acute mania, the law must executed
it is written for the sake OF the welfare Of society
until the people demand change. sympathy has
probably found it's way into the jury box. Ger
tainly, without wishing to reproach the dead man
for he had right to employ whom he pleased-the
prisoner had had hard usage from circumstances.
When, however, we charge the stern law OF our
State, sympathy must disappear. Yet 1t would be
within the province OF the jury to consider the
men tai state of the prisoner ut the time the MUIR
derous blow was struck guide to Q conclusion
to whether he could have formed the premeditated
murder in the first degree. am inclined to think
that they would conclude he was not actuated by
this premeditation. IN this view of the feel
it in accordance with my duty to accept the plea
of murder in the second degree.
THE SENTENCE
Mr.. William +. Knitting then formally offered the
plea the part of the prisoner, and Judge Cowing.
addressing the prisoner, said :"Porcello, you have
pleaded guilty to terrible crime, for which the law
prescribes but one penalty. trust that your pun
ishment may be q warning to your fellow country
men not to avenGe their wrongs with the knife or
pistol. l sentence you to Imprisonment in the
State Prison for the term of your natural life"
On being informed by the interpreter of the SEN
tence the prisoner showed no change in his counte-
NANCE but his little wife, who nursing her babe,
quite demonstratve in her feelings OF JOY at her
husbands escape from the gallows.
ToMBs.
Immediately after his sentence Porcelo
moved to tine Tombs and placed in condemned cell
No. g. on the ground tier, where he will remain
til he is removed to Sing Sing. Soon after the
fortunate mans wife, carrying her little child came
to the gate of the prison. and the Warden admitted
her to her husband. After n long interview with
him she went away crying bitterly. benevolent
lady has offered to take of Porcellos wife and
child. Owing to his former attempt to commit sui
eide the strictest watch will be kept Porcelo
until his removal from the Tombs.