Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1884-02-22
BY TELEGRAPH.
MAINE DISPATCHES.
The Close Of the italian Murder Trial
Capone and Santore Both Sentenced
to BE Hanged the First Fri.
day in April, 1885.

BANGOR, Feb. 81.
The trial Of Rafael Capone for completely
in the murder of Paschal Coscie, was con-
tinued 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 being devel-
oped.
Col. A. NJ. Bradbury in the closing argo-
ment for the defence, spoke one hour max
ing a very able presentation of the case and
concluded in words of much eloquence. He
alluded to the extraordinary features of the
case and said the only direct evidence against
the prisoner is the testimony of Santore, who
has already been convicted of this crime.
Nothing in the case shows premedition of
more than few minutes. The intimate ties
which bound the prisoners to the murdered
man were alluded to, and the counsel af-
frmed that the story told by Capone of the
affair was the only natural and reasonable
one. The existence of blood on Capone and
not on Santore was only explained by the
theory. that Santore did the shooting and the
dying man fell on Capone.
! County Attorney Appleton closed for the
governme mt in masterly argument, occupy
ing an hour and a half in delivery,
| The prosecution claims that Capone act
| ually inflicted mortal wounds on the de cea sed,
or further, supposing Santore did ali The
killing, Capone was one of the principals
| The county attorney endeavored to prove
! that the prisoner upon the stand had repudi-
ated the theory of the defense and had made
numerous statements entirely at variance
with the previous accounts given by him of
this brutal affair. The prosecution claimed
not worthy of as much credence as that of
Santore.
At 2 o'clock Judge Emery began his
charge to the jury. He laid the law in the
case and reviewed at length, very impartially,
, the evidence which has been presented.
At 3.l5 O'Clock the case was given TO the
Jury and after being out one hour and 10 min
utes brought in verdict of guilty of m .rder
in the first degree.
At AS Attorney General Cleaves arose
and ader essed the court He stated that the
prisoners were now in the presence of His
Honor. After fair trial before just and
impartial jury of the county of Penobscot,
selected with the greatest care, they both
had been found guilty of murder in the first
degree. The prisoners are strangers in
strange land. They do not understand
our language and we have been required to
conduct these proceedings through an official
interpreter, but they have been conducted
with such manifest fairness toward the pris-
oners on the part of the government that no
exceptions were taken by the able counsel
who have defended them. Therefore, it be-
comes my duty, without comment. to ask
that the sentence of the law be pronounced
in each case.
The prisoners were asked if they had any,
thing further to say.
Capoue and afterwards Santore spoke at
some length, speaking the stories previously
narrated, and putting the blame on each
other. The scene was highly dramatic.
The Judge sentenced both to be hung the
first Friday in April, 1885.
Before being taken to Jail Santore COM
pletely broke down, but Capone waived his
hat to the throng as he left the court house.