The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1892-09-30
GUILTY IN THE FIRST DEGREE.
Such Was the Verdict Rendered in the De
Rosa Trial.

The trial of Gabrielle De Rosa, charged with
the murder Of his brother, Battiste, was fin
| ished in the Superior Court yesterday morning
A half hour before 10 O'clock, the hour for the
court to open, the court room was well filled.
AT 10 O'Clock Judge Bonney entered. Sheriff
Cram announced the approach of the Honora-
BILE Court and then one of the deputies made
the usual proclamation while every person was
standing.
The jurymen remained standing and the
Judge at once commenced his charge. He held
the close attention of the whole assemblage.
The prisoner sat by the side of his counsel just
outside the rail- He kept his eyes riveted upon
the judge throughout, although the most of the
speech heard was probably a puzzle to him.
The same firm jaw, the face with perhaps a
fortnight's growth of beard, the heavy, rough
suit OF clothing and thick shoes-it all looked
like the same man who was carried to the po-
lice station on the evening of the 18th day of
last MONTH
The charge to the jury occupied about half
an hour. The following is a brief abstract:
1.-THE prisoner at the bar is charged with the
murder of his brother on August To-. The stat
utes declare that murder is unlawful killing
with malice aforethough, either expressed or
implied ataa h. +,a oor or., ,,ostord.
the distinction between the first and second de-
Sgrees is merely nominal, for the death penalty
was abolished in 1887. killing must be unlaw-
full. In some instances it is justifiable.''
Judge Bonney then proceeded to define NAL
ice.
Now in trial of murder it is not necessary
to prove that the accused is actuated by feel
ings of i'll will. The word malice means wicked.
But you see that the killing must be not only
unlawful but with malice aforethought. either
expressed or implied. The statute means that
there are two degrees. The killing must be a
premeditated act A duty devolves on you to
decide whether the. homicide was the result Of
ton exists, then the prisoner is guilty OF
murder in the first degree. The government
claims that the respondent started out to collect
DEBT from his brother and that Il his brother s
respondent denies that the knife was in his pos
session for any such purpose. The feature
which determines that OF murder in the second
degree is implied malice. Implied is an infer
ence of law. There is plain and obvious dis
tinction of killing with and without provoca-
ton. If his brother occupied middle ground,
the respondent is guilty OF murder in the sec
ond degree, but if he deliberately killed his
brother he is guilty of murder in the first de-
gree"
The law defining manslaughther was then
read and defined.
The jury came in between IL and 1 o'clock
yesterday noon and reported that they had
found the respondent guilty of murder in the
first degree. Mr.. Casassa whispered to the
prisoner and explained the verdict to him. He
did not seem in the least affected, but soon be-
gan to jabber in his native tongue. His re-
marks were interpreted to the court he said
he owned house and lot of land in Italy and
wanted the privilege of making his will. He
also requested that his picture be sent to his
relatives In Italy. 1t seems that De Rosa had
no very clear idea of what was going to be done