The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-10-14
he IS GUILTY OF MURDER
Jury Saved rasquale PerrcttO's Neck
by Naming Degree as the Second.
HEARD THE VERDICT UNMOVED
Jury Was FOrty.Fivc Hours Dcliberating
on the Case -Came Into Court Satur.
duy Afternoon to Hear Portions
Of the Testimony Read.

JeSSup on SUNDAY, June oo.
The trial began last Monday, and on
Friday about o'clock the case was
given to the jury. AT the same hour
the next day the Jurors sent word to
Judge Archibald that they would like to
have portion of the testimony read to
them The prisoner was brought down
from the county jail, and at $50 the
jurors filed into court and took seats In
the box and informed the court that
the portions of the Testimony they
wanted to hear read were with regard
to the first act of the prisoner ON reach
ing the bottom of the stairs and as to
where the handle of the knife was
found.
In reading the testimony of John Cor
relic. bearing upon these matters,
Stenographer Costons notes made II
appear that Corrello had testified that
Peter Perretto stabbed Michael De-
marko in the breast. Judge Arch
bald's notes were to the effect that 1t
was Nicholas Demarko who was
stabbed by Peter Perretto, and the
stenographer's notes in another place
also showed that ii was Nicholas De-
marko who was stabbed by Peter.
Attorney Martin, of counsel for the
defense, was of the opinion that John
Corrello had said Michael Demarko. as
indicated by the stenographerS notes.
and to settle the matter in way that
would admit of no conjecture Judge
Archibald directed that Corrello be
brought down from the Jail.
1t Would Have Made II Difference.
IfMr. Martin was correct in his con-
tention that Peter Perretto stabbed
Michael Demarko in the breast 1t
would have followed that he must be
the murderer, for Demarko had re-
ceived only one stab. and consequently
Pasquale Perretto must be innocent.
John Corrello knocked this theory into
a cooked hat, however. When he came
down from the Jail he was put on the
witness stand and in answer to Judge
Archbalds question said he testified
that Peter Perretto stabbed Nicholas
Demarko not Michael DemarkO.
At o'clock the jury retired to its
room again, having been enlightened
on the different cloudy points. and the
task of trying to arrive at verdict
was again taken up. 1t was not until
moor yesterday. however that the
twelve men became of one mind on the
subject. Word was sent to Judge
Archibald. the court house bell was
tolled, and by o'clock the court otii-
cials were in their places. the prisoner
had been brought down and Judge
Archibald directed that the jury be re-
Quested to appear.
The members filed in. headed by
Foreman Clark Lowry. and the latter
handed the verdict to Deputy Clerk OF
the Courts Daniels, who passed 1T to
Judge Archibald. The latter glanced at
and recorded it, then passed 1t back to
Mr. Daniels, who said; Gentlemen of
the jury, you say in the case wherein
the commonwealth is prosecutor and
Pasquale Perretto defendant, that you
find the defendant guilty of murder in
the second degree. So say you. all Of
you?" I'VE do" replied the jurors.
There was a large number Of persons
in the court room at the time to listen
to the verdict. When the jury retired
Saturday night 1t stood five for first
degree and seven for second.
Prisoner Seemed Indifferent.
There was no change in the express
sion of PerrettO's face when he heard
the verdict. Apparently he was the
most unconcerned of beings, but as he
walked back to the prisoners box he
seemed more defiant and reckless than
ever. There was an unusual elasticity
to his step, and the motion of the
shoulders. peculiar to him. was un-
usually marked. District Attorney
Jones and the attorneys for the de-
fense were present to hear the verdict.
Mr.. Jones said the verdict was satis-
factory 40 him. Tn discharging the
jury Judge Archibald said:
Gentlemen of the jury. I am satis-
fled with your verdict of murder in the
second degree. l believe that you have
done your duty. and arrived at a cor
rect verdict. From the evidence I do
not think there can be any doubt of
the defendants guilt. and that it was
murder, not manslaughter, that was
committed. I entertained some doubt
about first degree, therefore your ver-
dict gives satisfaction. 1t Is not a
pleasant duty you have been asked TO
perform. You have been kept together
for whole week, away from your
homes and families, and sometimes the
public does not appreciate the incon-
venience and labor attached to a duty
of this character You are discharged
with the thanks Of the court"
visniskie Case Today.
This morning the second week Of
criminal court will begin with Judge
Gunster on the bench in the main court
room. Judge Clinton X. Savage. presi-
dent judge of the Eighth judicial dis
trict. on the bench In No. 2 and Judge
Edwards in No. 3. The first case that
will be called before Judge Gunster will
be that of the commonwealth against
Joseph Visniskie. who Is charged with
the murder of Felix Davidziok. on
Maple street, this city. on Saturday
night. Feb. ., last. After the killing
Visniskie fled but was arrested in Buff
falo about three months ago. The al
legged murderer Is a young Polander,
about q years of age. He will be de-
Tended by Attorney M. a. Mckinley and
District Attorney Jones will be assisted
by Attorney c. T.. Ballentine in the
prosecution of the case. The trial will
consume four or five days.
1t Is not all likely that the case
against w. g. Bateman and John s.
Luce, charging them with attempt at
arson. will be tried at this term. A
continuance was asked for last week
and Judge Archibald refused to grant
1t. leaving it to the discretion of the
district attorney as to whether or not
the case should be called up
1nasmuch as attorneys of both sides
of the case will be in Harrisburg dur
ing the week to appear before the board
of pardons I'm the Beck case 1t Is not
likely that 1t will be called. The dis
trict attorney will be engaged in the
murder trial. and II another long one.
suoh as the Luce case. Is put on trial
in No. 2, all of the small cases will
have to go over until the next term.
Under these circumstances 1t may be
considered certain that the case will go
over until the December term, when It
will be the first case on the list for
trial.
Arguing tho Bcxck Cnsc.
Wednesday argument will be heard
before the board of pardons. at Harris
burg, In behalf of Frank Beck. who Is
under sentence of death for the muir
der of his sweetheart, Maria Kerzec, at
Olyphant, on Oct 3. 1894. Attorney
George 8. Horn and Attorney A. ]. Col
born. jr.. will appear for Beck. and
Attorney John p. Kelly,
who tried the case. will represent the
"Will you appear before the board Of
N n rf1ona In tho Rezal caSev was thp