The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-01-27
NO. new TRIAL FOR HIM
Looks as It Crezenzo Nerolos ,Nill
Swing from the Gibbet.
SENTENCE or DEATH TODAY.
Judge Edwards Handed Down On Opinion
Saturday Refusing = New Trial.
Prisoner Killed EmnnuaI Loro, ut
Old Forge. June ~, 1894.

the prisoner being present in court.
Judge Edwards refused to grant Muir
derer Crezenzo Merolo a new trial.
Sentence of death will be imposed this
morning and within ten days the record
will be certified to Governor Hastings.
who will appoint the date of execution.
In all probability the case will be taken
to the supreme court, but that has not
been decided definitely yet.
The opinion refusing the defendant a
new trial Is a lengthy one. 1t recites
that a rule for a rehearing was granted
in order that the case might be care
fully reviewed and error corrected If
any were made. The three judges lis
tened to the argument to give the de-
fendant the benefit of every reasonable
chance for his life. The first reason
assigned by defendants counsel was
that the court erred in refusing to con-
tinue the case until January to allow
time for witnesses to arrive here who
would be very material to the defend
ants interest and would serve to acquit
him of the crime with which he was
charged.
This specification was passed over
by the court as not deserving OF serious
consideration, because the attorneys for
the defense had not given the names
of even one of these alleged witnesses.
The principal other reasons assigned
pertained to certain improper remarks
alleged to have been made by District
Attorney John r. Jones while the case
was on trial. Some of these interject-
Ory phrases are not of record and
therefore the court could not deal with
them, so they We're passed over.
pcrjured Himself as Well.
But there was one remark made by
Mr.. Jones. found upon record and the
court passed on it. When Merolo was
on the witness stand the district attor-
ney ordered him down after asking him
a few questions, and he said he did not
wish to see him add perjury to the
crime of murder, of which he was
guilty. Judge Edwards ruled that this
remark was altogether proper in argu-
ing to the jury, but that 1t ought not
to have been uttered during the hearing
of the evidence. Still the only deduc-
tion from the evidence, Judge Edwards
admitted, was that Merolo committed
perjury.
The refusal of the court to instruct
the jury in relation to manslaughter
was based as reason for new trial.
The opinion says that under the evil
dence 1t would be impossible to instruct
the jury differently, and that the evil
dence fully sustained the verdict Of
murder of the first degree.
The defendants counsel freely admit
ted during the trial that the killing of
Emanuel LorO was a foul, brutal and
deliberate murder, and the perpetrator
of 1t deserved the extreme penalty of
the law: but the defense offered was
basd upon mistaken identity. Five
shots We're fired at the deceased. The
victim retreated to the fence and not
withstanding u piteous appeal for
mercy. three shots were fired into his
body and he fell dead on the roadside.
The Only Verdict Consistent.
This act was witnessed by fourteen
persons. their testimony was positive
that the defendant was the one who
did 1t, therefore says the opinion, any
other verdict would have been Il mis-
carriage of justice The last assign
ment of errors maintaining that the
verdict was against the weight of the
evidence as to the identity of the pris-
oner with the person who did the kill
ing, Judge Edwards thinks. is hardly
deserving of serious consideration. The
evidence of the scar or scratch upon
the face of the defendant was left
with the jury under proper Instructions.
More than twenty-five witnesses posi-
lively identified the prisoner as MerolO;
the miner with whom he worked side by
side for eight months: people with
whom he boarded OF lodged: neighbOrs
who lived near him and saw him almost
daily: men who worked in the same
mines; persons who ate at the same
table; others who drank at the same
bar and played pool with him; the
president and members o. the Italian
society to which he belonged. and the
Of which he attended, all
unite in their identification Of the de-
PENDANTS as MerOlo.
After considering the argument of de-
counsel and the matters COM
planned of by them. whether excepted
to or not, Judge Edwards DEGREES that
the rule Is discharged and new lrial
This was done in open court
and in the presence of the defendant.
The prisoner takes his fate very pro-
he feels 1t keenly or not.
Pillsbury's Flour mills have a capac- |
lty of 1850 barrels day -