The morning times., 1896-12-11
MARIE BARBER| NOT GUILTY
New York Jury Acquitted Slayer
of DOmenicO CataldO.
ONCE SENTENCED TO DEATH
Verdict Set Aside by Court of Ap-
peals and New Trial Ordered
Long Drawn-Out Legal Battle.
Great Interest Taken in the Pro-
ceediDgS.

New York, Dec. 10.-The second trial
of Maria Barberi, charged with the nur-
der of the betrayer, DOmenico Cataido,
ended this evening, the jury rendering a
verdict OF not guilty
The trial lasted seventeen days and a
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 the verdict was announced I'll Is
evening the prisoner was discharged from
custody, and at once went to the home OF
her parents.
on the first trial Miss Barberi was
convicted of murder in the first degree and
was sentenced to be electrocuted at Sing
Sing prison. Her counsel appealed the case
TO the court OF appeals, where the verdict
was set aside and a new trial ordered
ACTORS ATTEND THE TRIAL
More wemen than on any previous day
of the Barberi trial We're In court today
when the case was resumed AS this was
the last day OF the fight, the seventeenth
day of the new trial, there was much
curiosity, which brought out the women
spectators.
George Monroe, the actor, accompanied
by Dorothy Drew, the dancer, arrived
After them came Dorothy Usner, The
actress The stage folk, If they came to
the trial 10 study emotions, undoubtedly
had all they wanted today.
Maria Barberi was in a very nervous
state when She came into court. Mrs
Foster said her protcge was trembling in
every limb and was barely able to restrain
her tears.
This is the last day said Maria, and
nobody knows how | feel. | am So sick,
so tired, SO troubled | wish II was all
over. / want to go home TO my family and
spend Christmas with my mamma.
Mr.. Friend received a letter from Maria
early in the morning. In it she wrote:
Il wish YOU bring me home like the DAY
when we come from Sing Sing. Do YOU re
member when you took my little bird,
Ciccillo, home to nay dear mamma? |
wish you take NE home, like YOU take
my little bird, from the prison walls
MARIA IN TEARS
Mr.. House was ready to begin his sum
ming up at 10 O'Clock, but IL was found
that Juror No. 3, Sayor K. Slawson. "A milk
dealer, OF No. PAS Seventh avenue, was
not III his seat There was nothing To do,
therefore, but TO await his arrival. Mr..
Slawson had forgotten that court was
called at 10 O'Clock instead OF 1890. as
has been customary. Juror No. arrived
a little before 80, having been found in
the corridor reading a newspaper.
Then Mr.. House began his summing up.
Maria cried softly and nestled closer TO
Mrs Foster. Mr.. House commenced by a
slight reference to the death OF Col. Eel
lows and his funeral yesterday. He dwelt
on the enigma OF human life, the endeavors
OF the worlds greatest scientists and pbllOs
ophers TO solve it-and their utter defeat.
They appreciate" he said, that IL
came from higher being, one far beyond
them, and that when the life was taken
there was no form i'll them To bring it back.
The being who gave us life gave il also
to her. pointing to Maria, land now, gen
tlemen Of the jury, it rests with you
whether she shall live or die.
You are not here to set up law OF
morality for this community for the fu-
ture; neither are you here TO say that
other women shall not act q s II is charged
this girl has done. You are here to say
whether you think this defendant 5 guilty
not guilty, judging solely by the cvi-
dence that has been presented To you
Mr.. House spoke with great feeling. His
eloquence commanded the closest atten-
ton.
THAT BLA CKGUARD, CATALDO."
when the razor flashed across the throat
Of that black guard, Cataldo, the power be
hind the hand that welded it was a power
above and beyond the poSsessor OF that
hand, power You cannot call to account,
cannot cundemn-a power that controls
each Of u.s.
Maria WINGED at the mention Of Cataldo's
name, and her tears fell afresh. She was
plainly fighting with her heart. Mrs. Fos-
ter spoke several worthy words To her and
somewhat calmed her.
The IIrst expert placed on he stand for
the defense Mr.. House continued. ''an-
Swered the hypothetical question by saying
he considered Maria Barheri unconscious
of the nature and quality OF her act ami Gn-
able to judge between right ana wrong
When Mr.. Mcintyre asked the witncss If
he knew that Alexander the Great. julius
Caesar, Washington, Bonaparte and Martin
Luther were epilepticS.
why. gentlemen, you Will remember hat
once, after a victory, Alexander the Great
gave great banquet to his followers. AT
that banquet was one Clitus the lifelong
end Of Alexander, the companion of his
boyhood youth and manhood.
During the feast Alexander arose sud
denly ana drove his spear through Jne Eody
Of his friend. After that he had no recol-
lection of what happened. Was he
Sponsble?