The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-06-06
OPINION IN The
BOSCHnNO CASE
District Attorney John r. Jones Re.
ceived II iron Supreme Court.
WAS WRITTEN BY JUSTICE STERRETT
Aflirms the Clear, Concise and Thor.
ough Manner in Which District AT.
tOrney Jones Presented the Com.
monweaith's Case and the Able
Charge Of Judge Gunstcr to the Jury.


Charge Of Judge Gunstcr to the Jury.
Justice Sterrett wrote the opinion
handed down in the Supreme court
Wednesday affirming the verdict of
murder Of the first degree In the Bosch
ino homicide case. The opinion speaks
Of the fair ard impartial trial the de-
fendant received, the clear, concise and
thorough manner In which the evidence
of the commonwealth was presented to
the jury and the adequate instructions
given by Judge Gunster as to the law
applicable to every phase of the case
The line of argument Of District At
torney John r. Jones before the Su-
preme court Is followed out by Justice
Sterrett. The justice in summing up
declared that the case was fairly and
correctly tried, and there appears to be
nothing in the record Of which the de-
fendant has any just reason to COM
plain. District Attorney Jones received
the opinion yesterday and it is as fol-
lows:
JUSTICE STERRETT"S OPINION.
This appeal is from the judgment OF
the court below imposing the penalty
affixed by law to the crime Of murder
of the first degree.
1.-THE defendant was indicted in due
form, tried and convicted of that felony
on testimony amply sufficient to dispel
every doubt as to the corpus deficit
and the existence Of all the ingredients
k,t 1,A 1,fa A-t
grade of felonious homicide. The evil
dence tends strongly to prove that the
deceased. Frank Conforti, was the VIC
tim of a wilful. deliberate and pre-
meditated murder; and the only serious
question of fact for the Jury was
whether the defendant was the guilty
agent. The testimony adduced and re-
lied on by the commonwealth to estab-
lish that fact was not merely circum-
stantial. but also direct and positive.
Three of the commemorative, witnesses
| testified, in substance, that they were
at or very near the scene of the alleged
| murder. at the time it was committed.
| and that they saw and recognized the
| defendant as the person who fired the
| fatal shot. If their testimony was be-
| lieved by the jury. they could have
little if any difficulty in reaching the
conclusions of fact on which their ver-
dict must necessarily have been based.
BOsCHINO DID THE SHOOTING.
After testifying fully and circum-
stantially as to what occurred on the
Sunday afternoon Of Nov. II, when the
deceased. the defendant and other COM
panions were together, including the
alteration that then occurred. etc, the
separation Of the company shortly be-
| fore the deceased was shot, and the di-
rection in which some of them went,
Antonio Imbriano, one of the witnesses
referred to, proceeded to say in sub
stance that he went up the hill towards
his home, and when he was near the
middle of the railroad he heard two
shots and saw the deceased, Conforti.
fall near the stump; that these shots
were fired by Boschino, and two or
three minutes afterwards he saw him
fire three shots more: that at the time
the shots were fired Boschino was In
the bushes, on the right side, and Con-
forti was on the path, walking towards
the railroad, in the direction Of his
| home, etc.
Rocco SALVATORE. another Of said wit
nesses, testified substantially that he
saw somebody-Boschino, as he believed
shoot from the bushes, and Conforti
dropped. and, as he fell, he uttered an
! exclama ton indicating that he was al
least seriously wounded that. as 1t ap-
peared to him. (the witness), Comfort
heard noise In the bushes immediate
ly before the shots, and turned, and, as
he turned around, he was shot: that al
first he heard two shots, and then Boz
schino advanced few steps and fired
three more shots
CONFORTI'S BODY FOUND.
John Myran, the third witness, test
fed to having heard two shots, and he
then turned back few steps and faced
somebody in front OF him, who fired
three shots; that Boschino, the man who
fired the three shots, ran towards tne
I.ackawanna railroad; that he (witness
was scared ran in the bushes and came
to where Conforti was lying, looked a
the body and saw blood coming out O.
the mouth, then went home and tolt
those who were there. He also testified
that when the first two shots were free
Conforti, who was standing in the path
fell. etc. ,.-. ...
According 20 the testimony of DIR
Kelly, the coroner, he made q post
mortem examination on Monday. Nov
12, and found small, circular wount
between the second and third ribs a
the right edge of the breast bone. whici
passed through both cells of the heart
the left ventricle Of the heart ans
through the root Of the left lung; ant
the bullet was found in the cavity of tn
left lung, with considerable blood, etc
He also testified that this bullet wount
was the cause of Confortis death.
ut is not our purpose, nor is it neces
sary. to further summarize or refer spe
cially to the evidence. 1t is sufficient t,
say that the testimony above referred
to and great deal of other evidence
much of which is purely crcumstantial
tended to prove not only the commits
; sion of wilful, deliberate and premedi
\ tated murder on the person of the de
ceased, but also the defendants partici
patton therein, as claimed by the com
monwealth. On the other hand, tn
testimony Of the defendant himself ant
other evidence introduced in his behalf
tended to show that he was not part,
thereto; that at the time the fatal sho
was fired he was not at the place wher
the shooting was done, but was then a
his own house some distance away from