The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1884-02-22
TO BE HANGED.
Conclusion Of the Trial of the Ital-
ian Murderers.
Their Execution 10 Occur in April, 1885.
-CIosing Scenes i'm the Trial.

BANGOR, Feb. 21.-The trial of Rafael Il.
Capone, for complicity in the murder OF Pas
cal Coscie was continued before the supreme
judicial court this morning.
Charles Catell, City Marshal Reed and the
clerk of courts were summoned and testified
briefly. Nothing of Importance was devel-
oped.
Colonel A. W. Bradbury in his closing argu-
ment for the defence spoke one hour making
very able presentation of the case. He allud-
ed 10 the extraordinary features of the case
aud said that the only direct evidence against
the prisoner is the testimony of Santore who
had already been convicted of this crime.
Nothing in the case shows a premeditstion Of
more than few minutes. The intimate ties
which bound the prisoner to the murdered man
were alluded to and the counsel affirmed that
the story told by Capone OIL he affa was the
oply natural and reasonable one. The exist
ence of blood on Capone and not on Santores
was only explainabe by the theory that San-
tore did the shooting and the dying man fell
on Capone.
County Attorney Appleton closed for the
government in mastery argument occupy
ing an hour and half in delivery. The pros
ecution claims that Capone actually inflicted
the mortal wounds on the deceased. The coun.
ty attorney endeavored to prove that the pris-
oner upon the stand had repudiated the theory
of defense and had made numerous statements
entirely at variance with the previous accounts
given by him of this brutal affair. The pres
ecution clsimed that Capone's statement was
tissue of lies and not worthy of as much Gre
depce as that of santore.
At two o'clock Judge Emery began his
charge to the jury He laid the law in the
case and reviewed at length very impartially
the testimony which had been presented.
At BIS o'clock the case was given TO the
jury and after being out an hour snd fifteen
minutes they brought in verdict of guilty OF
murder in the first degree.
At 4.45 o'clock Attorney General Cleaves
arose and addressed the court. He stated that
the prisoners were now in the presence of his
honor, after fair trial before just and i'm
partial jury of the county of Penobscot, select
ed with the greatest care, and they have both
been found gully Of murder in the first de-
gree. The prisoners are strangers In a strange
land; they do not understand our language,
ard We have beon required to conduct the pro-
csedings through official Interpreters. But
they have been conducted with such manifes'
fairness toward the prisoners on the part OF the
government that no exceptions have been tax
en- by the able counsel who have defended
them. 1t therefore becomes my duty without
comment to ask that the sentence of the law be
pronounced in each cass.
The prisoners We're asked il they had any-
thing further to say, when Capone, and after
ward Sautore spoke at some length repeating
the stories previously narrated by them and
putting the blame on each other.
The scene was highly dramatic.
The judge then sentenced them both to be
hanged the first Friday in April, 1885.
Before being taken to Jail Santore complete
ly broke down, but Capone moved his hat to
the thropg as he left the court house.