The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-02-14
FIRST DECREE verdict
Jury Decides That Joseph BoschinO
Killed Frank COnfOrti.
THINK HE DESERVES DEATH
1t Did Not Take the Twelve Men Long to
Agree Upon Vcrdict-Thcy Returned
Defendant Guilty Of Murder but
Did Not at First Fix Degree.

II required ten Gays 10 toHtplete tnS
trial and besides being the longest
homicide case in the courts OF this
county, 1t also has the distinction Of
being one of the most ably tried. Judge
+. w. Gunster presided and his rulings
upon the points that arose in the evi-
dence We're marked with clearness and
nice distinction. District Attorney
John II. Jones can be best spoken of in
connection with the Boschino case by
complimenting him on the complete
ness of the commonwealth side
against such veteran and famous Grim
inal lawyers as EX-Judge Ward and
George $. Horn, who received very ma
terlal assistance from Attorney l.. +.
Wedeman, of Forest City. Judge Gun
ster's charge, the final chapter of the
trial, was an exhaustive, yet perspica-
cious, presentation of the law and the
evidence.
How the jury Stood.
After the jury retired Tuesday night
to their room Charles $. Seamans was
elected foreman, and the first ballot
taken resulted in nine for first degree
and three for acquittal; the second bal
lot was the same but the third noted a
change, ten for first degree and two for
acquittal. The jurymen then chatted
and argued, but retired to their cots
without taking another vote. When
they arose yesterday morning the first
ballot taken was eleven for first de-
gree and one for acquittal. AT lO
o'clock the jury, through Tipstaff An
thony Walsh, sent word to Judge Gun
ster that they wished to hear some
of the testimony read. Boschino was
brought from the prisoners dock into
court room No. .. The jury filed from
their room and when all We're seated in
the jury box. Judge Gunster addressed
them thus: Gentlemen, | understand
you wish to have some of the testimony
read; which portion do you desire to
hear" Foreman Seamans answered:
Your honor, we would wish to hear
that portion of the testimony of John
Mirano and Waterman Klein with
reference to the actual firing of the
shots. 1t has also been suggested that
we hear the testimony of the young
man who saw the defendant running
up the railroad. l think his name is
Finnerty."
An Agreement Reached.
Court Stenographer II. III. Coston
read the testimony to the jury and
then they retired again to their room.
The remainder of the time until noon
was spent in discussing the testimony,
and at noon the jury went out for their
meals in charge of the two Upstairs, An
thony Walsh and Jacub Sutto, who had
been guarding them since the first day.
After coming back a ballot was taken
and it resulted in a unanimous verdict
of murder in the first degree.
The main court room was packed
with people when the jury sent word
to Judge Gunster that they had agreed
upon their verdict.
They were ordered brought in as the
hands of the ivory -dialed clock pointed
to 2.15. The jury took seats in the box
to the right of the bench Boschino
was in the prisoners dock behind them
and he peered over the baluster with
an anxious look on his countenance;
his eyes CLEANED as he waited to hear
the verdict read, although it is possible
that he would not have understood 1t.
Clerk Thomas =. Daniels handed the
sealed envelope to Judge Gunster, who
opened it and read 1t.
The verdict found the defendant
guilty of murder as set forth in the
first count of the indictment, but did
not specify the degree. Judge Gunster
handed the paper back and said:
Gentlemen, in your verdict you find
the defendant guilty of murder; you
must retire to your room and name the
degree"
Motion Of Mr.. Horn.
The jury was again led out and re-
turned ten minutes later When they
came back the attorneys for the de-
fense were not in court and the verdict
was not taken until eX-Judge Ward
and Mr. Horn appeared at 2.i5. Mr..
Horn walked before the bench and
said:
I'VE ask the court that the verdict
of the jury which was brought into
court a few moments ago and read by
the court. be recorded as the verdict in
this case"
District Attorney Jones objected to
the motion on the ground that the act
of assembly specifies that the jury
must fix the degree. Judge Archibald
was on the bench and Judge Gunster
conferred with him.
"The motion is overruled," said Judge
Gunster, who then ordered Clerk Dan
iels to take the amended verdict. The
roll call of the jury being completed,
the envelope containing the verdict
was handed to the court and after the
judges on the bench had read 1t, a
record was made of II on the docket
and then returned to Mr.. Daniels who
read 1t aloud:
Gentlemen Of the jury, hearken unto
your verdict as the court hath recorded
It, BY your verdict in the case in
which the commonwealth Is prosecutor
and Joseph Boschino defendant, you
say you find the defendant guilty in
manner and form as he stands charged
In the first count of the Indictment"
Here Mr.. Daniels stopped and the
owded court room was still as death.
il Q Gunster prompted Mr.. Daniels
to murder In the first degree, but
the rds of the court could not be
heard except by those very adjacent
to the bench. Mr.. Daniels resumed
"You say gentlemen, your verdict is
that OF murder In the first degree?"
Tic Jurors Thanked.
At this there was deep buzz las if
every person then exhaled his pent-up
breath. The jury was then polled at
the request of Mr.. Horn. Judge Gun
ster thanked the jury and discharged
them from further attendance at this
term of court.
Boschlno, who had been standing all
this while, then subslded and was lost
from view. The attorneys for the de-
fense will move for a new trial a.
once and prepare reasons.
CASE OF INGRATITUDE.