The Portland daily press., 1884-02-20

/ oy us AZ the beginning OF the present coltg-
YEAR, has worked to our ei tire satisfaction and
| for the general welfare Of the college.
R-solved, That the statements of e. @. p,
in tie columns Of the Portland Globe are
'alse, IS appear from the records OF the jury
system.
d. G. CLARK. '84,
III. G. PHINNEY '84,
e W. FREEMAN, 'S5,
e. r, HARDING 'S5,
g. Nj. N RRIs, '86,
r. I. LITTLE, 81,
ComAit,ee on Resolutions.
The Italian Murdercrs-Santore Guilty of
mHrdcr i'm the First Degree.
Go the Associated Press)
BANGOR, Feb. 19.-The second day of the
trial of the italian Carmen Santore for murder
opened with large throng in attendance.
The closing argument for the defence was
made BY Hon. Abram Sanborn. Ha4N
said there was no question that Cosie's death
resulted from brutal murder, but uncertain
ity had existed as to who committed the brutal
deed. Mr.. Sanborn claimed that the alleged
cor fsssion Of the prisoner was in NO sense an
acknowledgment of his own guilt, bat simply
an accusation against his companion. The
claim made by the defence Was that Santore'
although present ct the time, did not assist,
and that the murder was committed entirely
by Capone. The side for the defence was fore
IDLY and eloquentiy presented.
Attorney General Henry B. Clsaves began
his closing argument at 10 O'Clock. He re-
ceived the closest attention of the jnry and
audience in attendance, and spoke with great
power and ability. he found here the same
course pursued that he had before witnessed in
cases whore joint indictment is found. The
first process ia to obtain separate trials, which
the court usually grsnss. Then the prisoner
who is first placed upon trial adopts curious
defence, that the prisoner TO be tried later is
solely guilty and that he is innocent. We have
an illustration in the prisoner at the bar, who
stands here and protests that he is innocent,
but that Capone is gailty. and when tomorrow
we shall place Capone at the bar for trial We
expect him to decide through his able counsel
that this prisoner alone is guilty and that be is
innocent, and this is the process by which they
both hope to escape. The State claims that
they are both principals In the crime that they
were acting in concert in the commission Of the
murder; that they operated together in psrpe
trating the deed; that they acted in pui-
snance Of common design, and though the
jury might fud that the prisoner did not fire
shot, yet under the law he is as guilty as the
find who fred the fatal bullet, because he was
10 the law aiding and abettiDg.
The Attorney General Continued to discuss
further principles applicable to the case, claim.
ing that IL two prisoners combined to commit
felony, and the death OF human being should
happen from an act done within the scope of
the continuation. or plan, and its prosecution,
both would be liable, though the act which
caused death is the sct of one alone. He
claimed that the prisoner at the bar was prov
cd by testimony guilty of the charge contained
in the indictment. He had a motive and an
opportunity to commit the crime. He with
Capone did riffs the pockets OF the deceased.
He urged upon the jury the import .nce of the
rigid enforcement of the law against ihe TAX
ing of human life, that crimes OF this magni-
tude must not go unpunish-d, that plaia pic
ture of cold bloodsd heartess murder had
been proved in this court, and that it would
bring disgrace upon the administration OF JUS
tice TO permit the prisoner to escape or even to
reduce tie penait. provided by law. He urged
upon the ,ry to do their whole duty, that the
responsibility of just verdict was with them.
aud AT the people OF the State woula hold all
engaged In this trial fully responsible for slrct
performance OF daty.
The Attorney General discussed at length
the facts in the Case. He declared th It hs had
no personal IL terest in the result, but only that
interest manifested by all honorable citizeus
who desired the enforcement of tho law. He
asked the jary to take the evidence and con-
slider it fairly, and give the prisoner the bene
fits that the Law so carefully CASTS about hin,
and return verdicr Ia accordance with the
evidence. he admonished the jury thai they
represented the intelligent and law-abiding
people Of the county of Pepobscot; that their
fellow citizens and their families were entitled
to live with security under the law, and that a
warning should 20 forth that these deeds of
violence, buichery and bloodshed must cease.
The Attorney General continued at length,
urging the jury by their action to sust Tin law
and order aud good government.
The charge of Judge Emery tc the jury was
able and impartial. He said that the State
did not come as a revengeful and wrathful pro-
secutor, but rather as sorrowiul guardian of
the peace
The jury, after being out half an hour,
brought in a verdict Of murder in the first de-
gree.
TRIAL OF RAFAEL CAPONE.
The trial of Rafael Capone, for completely
with Carmen Santore in the murder of Raschel
Coscie, commenced before Judge Emery this
afternoon. The prisoner appeared in the docS
wearing hopeful expression. Antonio Bar
nandipi, who offciated as interpreter iu the
trial OF Ssntore, was appointed to a similar
position in this trial.
Col. A. W. Bradbury, Of Portland represents
the prisoner, and the government is represent
ed by County Attorney Appleton and Attorney
General Cleaves. Empanelink of the jury
occupied only short time, one only being dis
qualified and three challenged.
By special request Of Col. Bradbury the
Court allowed the prisoner seat within the
bar railing by the side of his counsel, with
whom he could communicate by means Of a
special interpreter, the Rev. John O'Brisn of
Bath.
Attorney General Cleaves opened the case
briefly for the government, and in an able man
ner outlined what the prosecution expected to
prove. He said that County Attorney Apple
ton h sd prepared these cases with the greatest
care, and he should request Mr.. Appleton, If
he would consent, to make the closing argu-
meDt for the State In the present case.
The testimony thus far introduced is sub
stsntislly the same as in the trial of Carmen
Santore.
DIR. e. L. Nealy, who has made special study