St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-03-24
MAGLIAHO FOUND GUILTY
or MAESLxUcHTER IN THE FIRST
DECREE.
JURY WAS OUT SIX HOURS

Sc
One Or Two Jurors Hung Out for
More Severe Finding. But
Murder in the First d agree
Was Not Under Consideration
After the First Ballot Judge
Kerr's Charge Was an Abe
One
GelseminO Mag!iano will spend few
years of his life behind the walls of
Saltwater prison. A jury of his peers
have decided that he isguilty of IMAM
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
the defendant. The court entered min
utely into all the degrees OF honlicid,,
and dwelt at length on the question OF
Justification. In regard 10 Ferrari's
record among his countrymeu tile court
said that this was of material interest
TO the defendant. While it was equally
criminal to kill bad man it might be
probable that 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 all ordinarily pru-
dent and courageous man to believe
that the necessity 10 Kill was unavOida-
bic. A full resume OF the question of
reasonable doubt followed, aud the jury
retired at Ii o clock to determine Mag
liano's fate.
The large crowd that had filled the
court room all morning remained seated
till 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 few personal
| friends of the defendant. the crowd
| dispersed.
Whatever hopes the defendant had
for an acquittal were shattered early
| after2 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
ridOrS we've quickly emptied anu the
court room filled up. The italian colony
had out It's full quota OF Representatives,
| lati Of Ito 10,
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. at O'clock, loud
knock at the door announced that the
jury desired to see the bailiif, and to him
they reported that 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 momentous slip of paper III The
hands of the foreman found no indica-
ton on the faces of the jurors.
"Gentlemen of the jury. have yoI
agreed upon verdict?' came the usua
question.
I'VE have" and the document was
handed to the court.
we the jury find the defendant no
guilty as charged in the Indictment, bu
lind him guilty of manslaughter in thu
| first degree"
Magllano, who did not understand tn,
serious words as they were uttered
glanced about him III all almost painfu
manner, as II looking for some friendly
voice that might interpret to him tn,
language that sealed his future. JuGg,
Kerr thanked the jury for their patien
and careful consideration of the case
and said he considered that, under tn
evidence, the verdict was not ONLY
just one, but one full OF mercy to tn,
defendant.
After court adjourned the few friend
OF Magliano, including>his brother, in,
medlately surrounded the boy as In
terpreter JaccOlucci was telling hin
what it all meant. 4 look of SURPLUS
passed over his face for moment, Du
when he was Informed of what he ha,
escaped he seemed satisfied. and spok
briefly to his friends, who ali Join il
the opinion that the verdict was a fai
ami easy one.
Sentence will be pronounced on Mon
day morning, and it is thought that tn
court will likewise temper Justice wit
mercy. Macliano is still young, an
when released from prison VIII nave lif
still before him, even if the maximum
punshmentis inflicted,
Inc jury was unit on the question G
guilt from the first ballot, and the onl
difficulty laid in establishing a degre
OF quit. A verdict for murder in til
hrst degree was not under considerable
after the first ballot, and the remaiuin
five hours were spent in convincing ON
OF two that the circumstances warrailte
a lenIent verdict.