The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-05-04
pleading FOR BOSCH|NO
His Attorneys Efforts to Secure for
Him a New Trial.
ARGUMENTS THEY PRESENTED
District Attorney John X. Jones vigor.
ously Opposed tho Granting Of n
New Triai-Action Taken In Case
of Hcrschcll HOllistcr.

above Dunmore, on Sunday evening,
| Nov. II, has no reason to complain of
the efforts made by his attorneys, Ward
q Horn and l.. =. Wedeman, to save
| him from the gibbet.
Boschino was brought down from the
county Jail at o'clock yesterday morn
ing and he took seat near the defend
ants table. and the arguments for a
new trial for him began before Judges
Archibald Gunster and Edwards. sitting
in open the court. The Italians wife
sat over near the prisoners dock and
she held her G-months-old baby, dressed
In white, in her arms. The condemned
father often glanced wstfully in the di-
rection of his child and he showed
strong signs of emotion. He listened in
an apparently interested manner to the
eloquence of Judge Ward, although he
cannot understand " word of English.
| When District Attorney John II. Jones
| began for the commonwealth to argue
| against granting a new trial, Boschino
fastened his gaze on Mr. Jones and
| never was distracted from his steady
look until the district attorney conclud-
ed one of the most elaborate, exhaust
ing and eloquent addresses ever heard
in the court
Several attorneys of the court were
on hand to listen to the argument, it
being understood that one of the strong
est pleas for a new trial was about to
be made. The attorneys for the defense
had labored so hard since the conviction
in collecting and preparing reasons for
q new trial, and they had been so sue
cessful, that it was anxiously awaited
! the manner in which the commonwealth
intended to answer in rebuttal.
A monument of allegations were pre-
| pared by the defendants counsel, but
District Attorney Jones was not less
| careful, and his presentation of the re-
| buttal argument contained extracts
from the trial of nearly every promin-
ent homicide case in the country.
| Judge Wards Argument Begins.
Soon after 8 o'clock Judge Ward be-
| gan his argument. He occupied the
time until almost 2.30 in the afternoon.
He dwelt upon the contradictory evil
dence in the case and argued serlatim
the thirty-five reasons that had been
prepared. Two witnesses, Imbriano
| and Miranno. he said, swore that they
| We're near Boschino when he fired the
| shots; and another, Salvatore, swore he
| was 600 feet from the spot and swore in
the same breath that he was with them
These men, Judge Ward said had been
suspected of the murder. 1t was darl,
and Salvatore still claimed that ,he
| recognized Boschino GOO feet away. Pat
rick Finnerty heard the shots and saw
| man run into the bushes. The man
passed Finnerty only n few feet away.
| and although he knew Boschino WELL
| he did not recognize him then, but gave
n description of him. The description,
Judge Ward said, could as easily fit
| Imbriano or Salvatore.
The court was charged with error in
not presenting more favorably the evil
| dence of an abili. While three wit
| nesses swore they saw Boschino fire
| the shots, Mrs. Boschino and two WIS.,
| itors at the house swore that Boschino
| was in the house when the shots We're
| fired. Judge Ward spoke for long
time on the charge of Judge Gunster
to the jury. He then drifted to the
separation Of the Jurors and the read
ing by them in the jury room of copy
of the edition of the Sunday Free Press.
| that contained an account of the trial.
1t was said the jurors separated while
out getting their meals, and that one
| OF w. f. O'Brien's BARRIERS, who went
to the jury room to shave the Jurors,
took with him in his pockets paper
| and the Jurors read that paper.
What the Free Press Said.
Jlictriot Atfnrnoyy Tnpnc
copy of the Free Press and read the
following which the paper contained in
reference to the trial of Boschino. 1t
was preceded by black type headlines
that were in consonance with this ex-
tract:
1.-THE trial Of Joseph Boschino, for the
murder of Francesca Conforti, grows
more interesting as the defense pro-
crosses, and there Is enough of contra
dictory testimony to confuse the jury
and put them at a loss to know who
fired the fatal shots. Umbriano, Sal
vatori and Miranno swore that Bos-
chino did the shooting. Boschino his
wife and two visitors, swear that the
defendant was in his house when the
shots were fired, and there is abun.
dance Of testimony that SALVATORE said
Immediately after the arrest that his
two companions did the murderous
work. 1t Is difficult to tell, from the
testimony, who is the actual murderer,
and it Is not at all probable that the
jury will find a verdict in the first de-
gree. The star witness yesterday was
the defendant. He stoutly maintained
his innocence, and bore out the testi-
money Of his wife that he was in his
house when the shots were fred"
Court Thought That Was Favorable.
When 1t was read Judge Archibald re-
marked that admitting even that the
jurors did read the comments in the
Press is could not influence them ad-
versely. Mr.. Jones then denied and Of
fere1 the evidence of c. s. Seamans.
WHO was foreman of the ", to prove
that the jury did not read IL all.
Although Mr.. Jones argued on each
of the thirty-four reasons brought out
by the defendants counsel, and argued
them at length and cited authority in
the shape of precedents and rulings of
the Supreme court, yet he seemed to d.
rect himself particularly to answering
the question of an alibi; the reading
of the paper, and the alleged separation
of the jurors.
Where the defense rests, he said,
upon the evidence Of an alibi, that evil
dence must be full, clear and satisfac-
tory. This Is a matter for the jury to |
pass upon, but the defendants counsel
complained that Judge Gunster did not |
charge them in the defendants favor
strong enough on that point. Judge |
Gunster here assisted the district attor- |
ney by remarking that he not only |
went so far as to charge the jury that |
If they believed the evidence of Mrs. |
Roschino and the two witnesses who |