New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-09-20
SENT r0 PRISON F0R LIRE.

FATE OF PORCLLLO, TIE MURDERER.
HIS wlFt's SAD sroRY-IN,A.ITf 1HE DfFEScE-
Plea or MURDER ~ AZ. sACOhD DEGREE
ACCEPTED.
There was some delay yesterday morning owing
70 the absence Of some Of the witness, Or the de-
fence before the ral OK Porccilo fos the murder os
Michael Bo'enl.r was resumed.
Victoria Porcello the wife Of the prisoner, was
the liisi witness called. She was dressed with more
than ordinary care aud presented neat aAi az
tractive appearance. She carried her child "a her
arms Being unable to speak EnEli ia tac OATH 1913,
administered 10 her 10y The court Interpreter in
Italian. Her testimony brief and was givea
with quiet reserve. She said Size lnd o.cc.lo were
married six years ago and casno 10 tl. country i'm
nedia.cly after Since they hal been here her Lus-
band had worked when he could SET cnpoym,nt.
she related the incident of her arre, on JGly % ior
begging. She had left the house about ~ the
morning 10 beg becaBs. they had nothing 10 eat.
tie mad gone ont before her % search Tor work The
previous night Porceo had come homo, having
been ont all dag in search Of work. He was crying
bitterly because ne had been unsuccessful. Dur :
the night ne walked the door, unable To sleep. lie
SAID that Holend,r had work 10 live, but that Le
wanted SO before employing him. Many times. tho
wife said her husband mad r, lraiued from eating
because there was not enough for his wife and child
II ne shared II.
Several officers Of tie Tombs testified to the prs.
onersconduct in jail Details were gwen of bis nj.
tempted suicide and hi refusal 10 eat and tl" fac,
that after his wife visited him be- became more
r,roncilad a. mis- position. wa, brought ont. Ir
Hardy, the Prison Physician, dies ubed IN" s'il-
nhiciel wounds on the pre- Yirr aud also Che mole
of feeding hun with a stomach pump DaNid
Oh1uo "a r,sl.i.lt # the same house with lor,e.lo
testified To the Italians distress on learning oi us
wit,'s arrest. thomas G. Finueil, who sad that he
d. Il a fish
49, r,r 6ftseu wears. testified that acute man a
often arises from domestic affection, guri despair
and dependency. Where violent causes are pes
eut il develops Ia very short ume. mal
suffering from 10 wont have no c'ntiol over us
feelings, and although he might hc able to tell the
difference between right ana WRONG, Vet he Woud
he unable To RESIST wrong. te thought f'irtip
was insane when he .cplmittcd the mhId.f. ~
| wari =. SYitzka, physician OF SIX Ncar, stand
ing. two 81 Whici were spent m an Insane asylum
| nm Vienna said that IN his opinion PuTccllo was
| unquestiOnaby insane az tie time of Tie act. IN
| questioning the witness, the coun.e hal supposed
u case and described all II PorcellOs trials Pres
entity one OF the jurors sad
d" Can u laan suicr nom ali the OWLS chuiheIdtcd
| by counsel ana b. a sane man :!
" In an ordinary person 81 weak education II -
almost a mathematical certainty that his mind viii
! 10 UNDER" WAS the reply.
After recess Mr.. Rollins announced that a confer
ence mad been held between the counsel and the Judge
AMI that it had been determined 10 dispose OF tue ease
without the intervention OF the jay. Before tine
trial the prisoner had offered To plead gulty To muir
felt that he could accept that plea. The act had
about il all the elements of an as>assiuatiUn ANA on
that account il st cincd TO hm that jury should
pass upon If. He thought he only antlc pated what
the jury would say IN allowing that the prisoner,
when he committed the act. IN state ot de-
peratIOu; that he was not IN condition M which
the Law would hold him strictly % account on
behalf Of the people he was willing To ac-
cept "a plea of murder in tie second degme.
Judge CowIng dwelt on tie sad circumstances sur
rounding he case. lie said ihat he ielt that the
killing could not be cla-sed as ransiaughter as
there was no prOvocatiOm for It, Neither IL, IN
his opinion. murder in Tie first degree lie Thought
il right TO accept the plea offered The plea WAS
then formally taken. and juror Was Withdrawn.
I'm response 10 the usual question put by the inter
prefer, the prisoner SAID he had nothing to say.
Judge COwng then instiuc ,cd the Interpreter 10
state 10 PorcelO that he had violated law Of the
country he had come to for protection and lIyeii-
hood. and that lie stood convicted of murder,
crime which gives the court no discrimination IN
passing sentence While there were circumstances
surrounding tue crime which, 40 doubt Justified 10
IN his mind, IN the oAe OF the law he was guilty
of Il most heinous crme, and lie hoped that ls
country men would take waning by his fate. lie
was sentenced to State Prison with hard labor Tor
the natural term of his life
A Juror stated from h- seat that had the casebecn
left 10 rhc jury the verdict would have been mar
l,r1 IN the second degree.