St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-03-23
THE FATE OF MAGL|ANO
WILL BE PLACED I'M JURY HANDS
THIS M0RRLyG.
Nine Italians Testify That the
Murdered Man Was a Danger.
Gus Person Mazzacopo Says
Palombo Said He Would Have
Killed Magliano Had He
Known Ferrari Was Dead.

The Magliano murder trial proper is
practically closed. and all that remains
today is the judges charge to the jury
and the verdict.
AT yesterday mornings session the
defendant was recalled to the stand, and
continued his story, beginning with the
time at which Palombo caught up with
him. He was sitting Oh a pile of rocks,
crying, and told Palombo to shoot him,
handing him over his revolver. PalombO
told him to come back with hi NJ, that
Ferrari was not hurt much, to which
defendant replied that he hoped it was
so. as he had not Shot with the inten-
ton to inJure him seriously. When they
arrived at the spot where Ferrari laid
he saw that he was dead, and he retreat
ed few PAGES, asking the other where
he had better sleep. When asked about
Ferrari's character he said that he knew
1t was bad, and that all the people on
the fiat were afraid of him.
On crosS-eXamination, defendant de-
MED having made the remark that some
body would not live over Christmas.
Ferrari had made that remark when he
threw Janetta to the ground. Witness
ascribed his actions OH the fatal night
to fear. He had owned the revolver
since July, 1898, and had bought it in
the country while working on the rail.
road. When shown the revolver. intro
duced as exhibit G, he stated that it had
been put into his pocket by Janetta
after he had given up his own weapon
to Palombo. 1t was in his overcoat
pocket, and remained there until he ar
rived at the house Of Musachio. where
he went to bed. When he laid down,
the weapon was annoying him. so he
out it under the mattress.
A number of Italians, about nine In
all, were called on the stand and testi-
fed that Ferrari was a man of violent
disposition, bad character and very
auarrelsome. while the defendant was
always known as a peaceable citizen.
GaItano Mazz"copo proved an important
witness. He was positive in his state
ment that PalOmbO had said at the
morgue that if lie had known that
Ferrarl was dead he would have killed
MaglianO. This statement, it will be
remembered, was denied by the witness
falOmD0 while on the stand.
Palombo was recalled by the defense.
and it was developed that the revolver
which he claimed he lost had never been
found to this day.
The afternoon session opened to
packed floor and galleries. Several
ladies were noticed among the specta-
tors, attracted no doubt by the fact that
fhQ criminal 10
dress the jury.
County Attorney Butler at once be-
gan summing up his case. After re-
viewing briefly all the testimony that
had been offered by the state he con-
tinued:
mo man ever committed a criminal
act but who, after the crime is past re-
call. feels realization of his situation
when reason comes into play and re-
morse begins. 1t would appear strange
that these men sat for an hour and
argued over the affair, finally allowing
the criminal TO escape. unless it was the
fact that he was armed and they were
afraid OF him. 1t is long time from
Dec. 10 to the present, and the
jury should not judge the de-
PENDANT as he now appeared,
paled by long confinement, but
as he was Oh the night of the shooting
while armed and excited and not an
easy man to capture. BY his own state
meuts Magliano is guilty of at least
murder in the second degree. The art
OF the eminent counsel may devise some
justification for the act, but taking the
evidence i'll whatever light you may
there is no evidence under which you
can call his otfense manslaughter.
There is no shadow of justification. The
violence of the defense must be common
surate with the viole nee of the attack.
No man has the right to use loaded
revolver as means of defense against