St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-03-24
MAGlIAHO FOUND GUILTY
or EARSLkUGHTER M THE FIRST
DEGREE.
JURY WAS OUT SIX HOURS.

One Or Two Jurors Hung Out for
More Severe Finding. But
Murder in the First Degree
Was Not Under Consideration
After the First Ballot Judge
Kerr's Charge Was an ABB
One
Gelsemino Mag!iano will spend few
Saltwater prison. A jury of his peers
have decided that he is guilty of man
slaughter in the first degree.
When court convened yesterday
Judge Kerr began his charge to the
jury, the task occupying full hour. 1t
was an able charge, fair and merciful to
tie defendant. The court entered min
utely into all the degrees of honi!cid'
ana dwell at length on the question OF
Justification. In regard 10 Ferrari's
record among his couutrynIen tile court
said that this was Of material Interest
10 the defendant. While it was equally
criminal TO kill a bad man il might be
probable that a hostile demonstration
had occurred that might make the TAX
ing OF his life an act of necessity on the
part of Magliano. But 1t was not suffi-
cient that the defendant believed him
self in imminent danger. 1t was for
the jury to say whether the facts were
such that would lead an ordinarily pru-
gent and courageous man to believe
that the necessity TO Kill was unavoida-
bic. A full resume OF the question Of
reasonable doubt followed, and the jury
retired at IL o clock to determine Mag
lianU's fate.
The large crowd that had filled the
court room all morning remained seated
I'LL the noon recess. General opinion
was that verdict of some kind would
be reached without much difficulty.
But when the noon hour arrived there
were no indications from the Jury room
that any result had been arrived at,and,
with the exception of a few personal
friends of the defendant. the crowd
dispersed.
Whatever hopes the defendant had
for an acquittal were shattered early
after,2 O'clock. The jury requested to be
further instructed by the court on the
law touching upon the various degrees
OF homicide. When it was known that
The jury was coming into court the cor
rid0rS we've quickly emptied ana the
court room filled up. The italian colony
had out It's full quota OF representatives,
and several ladies' Of the better Italian
element occupied seats on the main
| floor
As the hours wore away the audience
began TO thin out and only the court
officers, reporters and a few Italians
remained until the close. With the
| stroke of the bell. ut O'clock, a loud
knock at the door announced that the
Jury desired to see the bailif, and to him
they reported that a verdict had been
reached. Judge Kerr was summoned
from his room and the jury filed into
court. The defendant eagerly scanned
| the faces of the twelve men as they filed
past him, but whatever was contained
III the mODentous slip Of paper III the
hands OF the foreman found no indica-
ton on the faces of the jurors.
Gentlemen of the jury, have you
agreed upon verdict?' came the usual
| question.
I'VE have" and the document was
handed to the court.
We the jury find the defendant moi
guilty as charged in the Indictment. but
lind him guilty of manslaughter in the
| first degree"
MaglIano, who did not understand the
serious words as they were uttered,
i glanced about him III an almost painful
manner, as II looking for some friendly
voice that might interpret to him the
language that sealed his future. Judge
Acrr thanked the jury for their patient
and careful consideration of the case
and said he considered that, under the
| evidence, the verdict was not ONLY a
Just one, but one full OF mercy to the
defendant.
After court adjourned the few friends
OF Magliano, including his brother, i'm.
medlateiy surrounded the boy as In
terpreter Jaccolucci was telling hin
what 1t all meant. 4 look of surprise
| passed over his face for a moment. Dut
when he was Informed of what he haC
escaped he seemed satisfied, and spoke
briefly to his friends, who ali join il
the opinion that the verdict was a fail
AMI easy one.
Sentence will be pronounced on Mon
day morning, and it is thought that the
court will likewise temper Justice witt
mercy. Macliano is still young, anC
when released from prison VIII nave lift
still before him, even if the maximum
| punishment is inflicted,
Inc jury was unit on the question O
guilt from the first ballot, and the only
olihculty lad IN establishing Il degree
Oh quit. a verdict for murder in The
first degree was not under consideraticI
after the first ballot, and the remaiuin.
live hours were spent in convincing ont
OF two that the circumstances warranted
a lenlent verdict.