New-York tribune., 1880-01-10
BA1BO NEIR THE SC1FFOLD.
THE APPEAL FOR HIM UNSUCCESSFUL.

THE APPEAL FOR HIM UNSUCCESSFUL.
MS CONVICTION AFFIRIED-AN APPLICATION TO BIZ
MADE TO GovtRNOR CORNELL
The Supreme Court at General Term rem
dercd decision yesterday affirming the conviction oi
the taau Pctro Babo, for murder in the first degree
for tc killing o his wife. The has excited interest
as the first instance in many years OF an ltaI"h pelhS
sentenced TO be hanged in this city The prisoner was
surrounded by many adverse circumstances such as MS
unfariiiar.y with the English language and his con>e-
oueuf innidllty TO understand the evidence given
against him. the TACT that lac was defended by coun-
.,J m.ypcrlcnccd m murder trials, and also the
evident prejudice existing in tue minds OF
many Of thos" around him against lalm-'
Tre murder was cha-tly on. the woman being found
IN her bed with number OF sobS made by dagger III
her throat while the husband had fed. His plea was
tnat in quarrel the woman had attempted TO Kill him
and he had struck her with the dagger IN sciI,cncc
without intending k her. The verdict OF muluei III
the irt degree was cXpeccd. But ONLY few eXcel-
tons and those unimpOrant ones, had been taken ana
when W f. Knitting was called in as counsel toaPle1l
the case he found difficulty in making strong points
The prnciual ones which reliance was placed we're
the alleged improper acceptance OF Edward H. Belts as
Juror the admission OF the prisoners confession and
tie want Of evidence 90 show prcmedation NJ BETS
said on the preliminary examination hat ne hal read III
the newspapers about the killing n tie time II occrrrc
and ic supposed be formed opnon az TO the gnt oi
4. would prevent him from rendering verdict accor-
ding 10 the evidence. ITe al-o said that the Italians
were people whom hc dli not think much o. judging
from those We nave here" In the decision rendered
Yesterday which was written by ChicJusuce DAVIS. he
says
In this case the hill Of exceptions shows that tho Court
passed upon the challenge well from observation
OF the appearance OF the juror, his ag" lntel- .c'
The stand and his answers 10 questions az
from the evidence offered on the chalchgc ana from
these several things found a matter 0I tact tiHt thr
challenge was not true We have no couht mat tls was
q correct mode OF dlschifBhg me chhleugc 10 lh1
favor and although some oi the phases o me several
statements Of The witness might II detached anu eo,
sidered by themselves bring the case Whn treehnciu
the People. yet, considered az whole IN the llgh
Of the circumstances above moutunc W" are OF onion
Ion that the Court lropcly hIn liat tIeH 'd,.
tab8h that the Juror WAS not cghlN couleiC Nlthlh
the provisions oi Chapter 47J Of the Laws OF ls42
A. the second alleged ground Of oor the facts mp
pear 10 that the prisoner INN daiy after the klns
Dnnis nay stopping at wheeling Wosi Yirelni1. lie
was tracked 10 the latter place hy an oicrr ~ the
NcwYork police force. and tIcn with the appreciation
and assistance OF the local police 81 NHccng' ne was
arrested without process put In irons and started Tor
officer II he killed his wife, and he answered yes" aud
added that did not like hiin aud when hc would
don'f Ike you lie also stated thar Dc only eaye her
one iab, only cut her once" Il appeared affirmative
by the testimony OF The officer that he ana not hold ont
any indGccmout or make promises or threats oi ahy
kind 10 lead tine prisoner 10 make the confession.
Tie Judges decided that the arrest rot unlawful
under the laws Of this and they not called upon
West Virginia OF the common law. Upon the matter OF
tine confession Is held that the nero Illegal custody Of
an accused person cannot Itscif be deemed sufficient
ground the exclusion OF HE confessions. The opinion
continues.
bcen held I'm several causes I'm h state that
fessiun party charged with crime, whlcu arr .
or in confinement competent evidence against him
unless obtained hy Inducements u threats or promises
Upon the question Of premedtaton the Court SAYS:
The Jury had the right 10 find dcbrraiOn and premcd-
IT tlon from The purchase 10y the prisoner Of inc knife
with which the killing WAS dom" not long before TIE
commission Of the crime; from lis use in the night
time and I'm the bed Of the deceased from tie unhappy
relations existing between the prisoner and DIS wo ani
her family; from hs Jealousy Of htT which seems to De
not wholly without probable cause; from the nature of
the great number and the terrible severity OF the
wounds inflicted from the circumstances, Thought
slight, tending show prrvous preparation. fof Night,
and from the uudispuc1 fact II his hcht In
mediaely after the perpctraion Of The cIlmc. We
arc unable therefore, 10 any error which calls for
our interference this The Judgment ana CON
ylctlon should be confirmed.
An effort will be made to Obtain = conmuiation Of
sentence from the Governor BsbO IS sentenced 10 be
hanged next Friday