Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1884-02-20
BY TELEGRAPH.
MAINE DISPATCHES.
THE MURDER TRIALS.
Carmen Sant0Te Found Guilty of Mur-
der in the First Desree-Capone's
Trial COmmenced.


Carmen Santore, for murder, opened with .
large throng in attendance. The closing ar
gumeBt for the defence was made by Hon.
Abram Sanborn, counsel. He said that there
was no question but what Cascie's death re-
suited from . brutal murder. but an uncer-
tainty had existed as to who committed the
brutal deed. Mr.. Ssnto.n considered that
the alleged confession of the prisoner was in
no sense an acknowledgement of his own
guilt, but simply an accusation against his
companion. The claim made by the defence
was that Santore, though present at the time,
did not assist, and that the murder was COM
mitted entirely by Capone. The side for the
defence was forcibly and eloquently pre-
sented.
Attorney General Henry B. Cleaves began
his closing argument at ten O'Clock. He re-
ceived the closest attention of the jury and
the audience in attendance and spoke with
great power and ability. He found here the
same course pursued that he had before wit
messed in cases where a joint indictment is
found. The first process is to obtain separate
trials which the court generally grants. Then
the prisoner who is first placed on trial
adopts the curious defence that the prisoner
to be tried later is solely guilty and that he
is innocent. We have here an illustration in
the prisoner at the bar, who stands here and
protests he is innocent, but that Capone is
guilty. 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 he is inno-
cent, and this is the process through which
they both wish to escape. The State claims
that they are both principals in the crime
They were acting in concert in the commits
minsion of the murder. The operated to-
gether in perpetrating brutal deed and they
acted in pursuance of a common design AMI
though the jury might find that the prisoner
did not fire the shot, yet under the law. he is
as guilty as the fiend who fired the fatal bull
let, because he was in law aiding and abett
ing.
The attorney general continued to discuss
further principles applicable to the case,
claiming that if two persons combined to
commit felony and the death of a human be-
ing happened from an act done within the
prosecution, both would be liable though the
act which caused death is the act of one alone.
He claimed that the prisoner as the bar was
proved by testimony guilty of the charge
contained in tho indictment Ha bad pnotiva
he had opportunity to commit the crime.
He with Capone did rifle the pockets of the
deceased. He urged upon the jury the i'm
portance OF a rigid enforcement of the law
against taking of human life. That crimes
of this magnitude must not go unpunished.
That a plain picture of cold-blooded, heart
less murder had been proven in this court,
and that it would bring disgrace upon the -ad-
ministration of justice to permit the prisoner
to escape or even to reduce the penalty pro-
vided by law. He urged upon the jury to do
their whole duty, that the responsibility of a
just verdict was with them and the people of
the State would hold all engaged in this trial
fully responsible for the strict performance
VI Ht dtloEutN SthSldi uiseussNu a.
length the facts in the case. He declared he
had no personal interest in the result, but
only the interest manifested by all honorable
citizens who desire the enforcement of law.
He ordered the jury to take the evidence.
consider it fairly, give the prisoner the ben
fits that the law so carefully casts about him,
and return a verdict in accordance with the
evidence. He admonished the jurymen that
they represented intelligent, law abiding peo-
pie of the county of Penobscot, that their
fellow citizens and families were entitled to
live with security under the law and that the
warning should 60 forth that these deeds of
violence, butchery and boodshed must
cease. The attorney general continued at
length urging the jury by their action to sus-
tain law, order and good government.
The charge of Judge Emery to the
the jury was able and impartial. He said the
State did not come as a revengful and wrath
full prosecutor, but rather as a sorrowfnl
guardian of the peace.
The Jury after being out four and one-half
hours brought in a verdict of murder in the
first degree.
The trial of Rafael Capoue for the COM
plicity with Carmen Santore in the murder
of Paschal Coscie was commenced in the af-
ternoon. The prisoner appeared in the dock
wearing a hopeful expressed.
Antonio Baruardini, who oficiated as in
terpreter in the trial of Santore, was appoint
ed a similar position in this trial. Col. A.
W. Bradbury of Portland. represents the
prisoner, and the government is represented
by County Attorney Appleton and Attorney
General Cleaves. Empanelling the jury oc-
cupied only short time, one being disquali-
fed and only three being challenged. By
special request Of Col. Bradbury the Court
allowed the prisoner to take seat within the
bar railing by the side of his counsel, with
whom he could communicate by means OF
special interpreter, Rev. John O'Brien OF
Bath.
Attorney General Cleaves opened the ease
briefly for the government and in an able
s~wa