The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-12-31

an appeal is taken At the close of the
states case . motion was interposed for
discharge Of the prisoner. for the reason of
insufficient evidences. The denial of the
motion was assigned as an error. The
court then proceeded to examine the evil
dence.
Firstly reason Of the relations with
the deceased the prisoner had an oppor-
tunity TO commit the deed.
Second-The Ratchet used in commit
of one formerly used IN a fruit store be-
longing to the defendant, but at the time
occapied oy another.
1hird-Biooastains as claimed around
the finger nails and upon the arm of the
defendant.
Foursh-something like blood stains on
the prisoners shoes.
Fifth-His conduct on tbs day following
the night of the murder.
Sixfh--The vest of the accused with a
piece cut therefrom.
As TO the first, il can have no weight.
for others had the same opportunity 10
commit the crime. Referring to the sec
ond, the court held that the identity of
the Ratchet was not sufficiently estab-
shown. The third the court eonsid-
ers the strongest point against the
defendant. but does not exclusively point
to his guilt. 1t was not shown beyond q
reasonable doubt that the stains were
human blood. but if they were their pres
ence was so explained that no con-
elusive presumption OF guilt could
around the nngsrnaiIs, they were
much more satisfactorily accounted
for upon the theory that they were
m ade when the defendant took hold Of the
dead body than that he would carelessly
allow them to remain on his hands when
he had an opportunity TO remove them.
The alleged stains on the arm were not
proven. and. If so. might have been made
when the prisoner handled the corpse.
The other stains are too easily accounted
for on theories OF innocence TO have
conclusive force. The conduct Of the de-
fendsnt on the day after the murder is
easily accounted for by personal peculiari-
to the vest. the theory that piece was
cut thsrefrom because bloodstained
seemed ridiculous when the garment itself
could be easily destroyed. Further.
the circumstance was explained by
the presence of the missing piece
on the pantaioons. In the opinion
of the court the circumstances we're
reasonably consistent with the innocence
OF the accused. aud ali that was estao-
iished was probability Of guilt, but it Is not
the policy of the Law TO convict upon a
probability. The only theory upon which
the verdict of the jury can be accounted
for is the great excitement at the time OF
the murder. together with the fact that
the accused was n foreigner and believed
TO be of an inferior race. Judgment and
sentence mus, be set aside and appellant
discharged.
TACOMA, Dec 20. - Especial - When
Peccani was informed of his release he
was dumiounded. and shook hands with
everybody. including Ora l.. c. Hughes.
who fought his case without funds. and
finally broke down and wept. praised God
and promised 10 pray al his days for
those who informed him OF his liberty.
As 20 his statement that he would
rather be hung than liberated.
on account Of the alleged
enmity OF the Mafia Pecani would not
speak, although he IS afraid harm will
come TO him from Italian enemies. Ii Is
claimed four different weapons we're
plunged into Salvado.'s heart after he was
Frustrated, and on that basis il IS assumed
four different men were implicated. Ex-
Coroner Frank. of puyallup, has fled his
final report as administrator of the estate
OF ConeaIlia Salvador The report shows
. balance o. ssh. which tie court directs
shall be sent to salvador's father aud
mother IN Italy.
Salvador Pecani murdered hi. friend.
Conchii!a Salvador, March l, isa2 The
crime was most brutal Both were Sell
ian frui. vendors. and 'Pecani owed SALIVA