The daily morning journal and courier., 1896-12-11
MARIA BARBERI IS FREE
ADJUDGED NOT GUILTY OF TRB
 MURDER OF HER BETRAYER.

When MT. House, Her Counsel, Concluded
 His Plea, Three of the Jurors Were
 Weeping-Asst. District Attorney HIc- Intyre Strongly Urged Her Conviction
 No Demonstration in Court.
 New York, Dec. 10.-The second trial of Maria Barberi, charged with the murder of her betrayer, Domenico Ca- taldo, ended this evening, the jury ren- dering a verdict of not guilty.
 The trial lasted seventeen days, and large amount of testimony showing that Miss Barberi was afflicted with epilepsy, and not responsible for her actions at the time of the murder, was submitted.
 When Judge Gildersleeve opened court this forenoon, Fred B. House, senior counsel for Maria Barberi, began the closing argument He made a powerful plea for his client, reciting the wrongs which she had suffered, and dwelling with emphasis upon the evil dence tending to show that the woman was an epileptic.
 He said that the testimony of the witnesses showed that Maria BarberI was an epileptic of the physical type. 1t came to her by inheritance from 9 family whose blood was tainted with the disease, Such an epileptio was no more legally responsible for her acts than one suffering from other forms of mental alteration.
 Three of the jurors were weeping as MT. House concluded.
 In summing tip for the people this afternoon Assistant District Attorney Mcintyre said that the defence had never relied upon the epilepsy hypothe- sis as a sufficient sound defence. The epilepsy hypothesis he declared to be absurd.
 The woman's action showed motive, discrimination and deliberation, he thought. T insist" said MT. Mcintyre, that there is no epilepsy. There must be lesson taught. There must be an example made. Once more implore you to do your duty, and eliminate every trace of weakness and sympathy"
 Judge Gildersleeve in charging the jury said:
 If Maria Barberi had will power enough to restrain her from doing the act alleged or If you believe that the crime was premeditated, then she can- not be excused upon the plea of irre- sponsibility. If you believe she was of unsound mind, she is not responsible" | The judge cautioned the jury not to l lay two much stress on the views of | the experts and said that in many ma- terial facts the doctors did not agree. The jury retired at 4:56, and at 5:45 returned the verdict of not guilty. An eager crowd filled the court room. When the jury announced the verdict of not guilty, most of those in court looked pleased. There was no demon- stration as those present had been warned against making any.
 Maria herself smiled. Otherwise her | face was expressionless Her aged mother threw her arms about Maria's neck and sobbed with joy.
 Maria was led to the bar and dis- charged from custody. When the jury- men were passing out Maria shook hands with each one, and thanked him in broken English.
 Afterwards the acquitted woman went to her home with her parents.
 On the first rial Miss Barberi was convicted of murder in the first degree, and was sentenced to be electrocuted at Sing Sing prison. Her counsel ap- pealed the case to the court of appeals, where the verdict was set aside and a new trial ordered.