New-York tribune., 1896-04-22
oopE FOR MARIA BARBER1.
corer OF APPEALS GRANTS HER A
NEW TRIAL.
o.nrR GoFFs CHARGE AND HIS RULINGS On
TUE EVIDENCE HELD TO BE SUCH As
,ror-1D PREJUDICE THE RIGHTS
or THE DEFENDANT.


OF THE DEFENDANT
.,..,v April 2l-The Court OF Appea,s go
Ao new trial to Maria Barber. Inc 'o'
e.Ss .oman has been confined In Sins o'iie 'o
dsmn7u evaiting execution for the murder OF
some u''' Lido her lover and betrayer. Cataido
pon',,sss 10 marry her after promising 10 Wv ~
ha - ,onths before the murder anu III 'ho
about W. n,ch she was driven she sought MN o''
c"pa =. $50, IN A saloon IN New-fork ana e"' M, ns
Apa rrhle he sat at table piayih'- oaiuo
'n'' .. .npeals reverses tho Judgment o' '"' ~
O0''' non both the evidence and the ohaise ~ '
eoa'' Y~1ca OBr!en writes the opinion anu "'i
p'. 80 present concur IN the decision. Necoiue'
-. NV ras the trial Judge After re''e"'"s '''e
1'n ', ,ne case. Judge OBrien says:
tori VI ,"r.rdont was not guilty OF murder IN sne
Tne srse unless the act was preineo,.adteuib adibra
only with the %tfnt to XII ene the defendant noed
ton ana in sudden transpor; OF passion d exc,sSdo
S what ,oy be fe e dsturbed her
ing events and deprived her OF the capacity 10 re-
feet sSnorntollabe anu emotion, excited BY the ma h ,he
and unco @ ~ her misfortunes as Indicated & IE @ une
an events prior the to ihaa rst tns Degree sA' ~
ccnstdf attendant had been deceived petpaye; sa sh.
sacsd and ruined nenton Gea to use the weapon until
formss the hnal refusal of the deceaseu 10 asnoS
ssS seS She followed the 70 make final ap
wneie 10 him to extricate her rom & the ,hat she
pss.h he had placed her. ana II is ersuss;on or
wi wncn nj - vet lost all hope. either oy "
h,ea. only after this hope was gone ms nna ana
refusal tPons that might we'll have aroused
crua o.t Violent passions. that she struck tne hst
blow 81 ina and the final culmination Of the al
pe HronS of which she conceived nerseI ao aS,m1ns
egeo S!oe tct;m she became incapable OF reasoning
been arssjna ne s the act, think would not con-
OF ,ua u. murder in the first degree 90 %
ssu snus ~ the determinations OF the JuiS "e Th de
r,rind
rSart was entitled 10 the benent OF an ',,ny
that had any eg,ma'e eorrectV instructed by the
cnut en- with respect TO the principle OF Id" 'hA
n.ndton dg of the defendants mind was not to
he sscertaned solely from what tocK els ton of
"a sSoO ,a;es which preceded the homicide were com
uetsnt ss for the consideration Of the ry snce c
were connected with the trageay ahd ,nsnce upon
mins When recsiled at that the de,
ssndant heard the final refusal OF the deceaseu ~
srry her expressed as II was, in the most insult
inr and provoking language. =, combination ~ tho
."ors that there was a wide departure from these
,rrincipes in the conduct of the trial II she was
p.~d 70 give the full history of the relations be-
sn berself and the deceased. and she certainly
tsd that right she had likewise the right 70 produce
the testimony of disnterested witnesses 10 support
her testimony . ..
Judge OBrien reviews the refusal TO admit test-
rony OF this character and thinks that the objec-
,s of counsel 10 the ruling Of the Court In refusing
10 admit It were tustifabe and proper He next
takes I'D the charge Of Recorder Con. The learned
Court saws Judge O'Brien. Instructed the jury
~ the method Of determining the question and the
oply method was by considering her act at the time
n WAS committed These instructions excluded
from the consideration Of the jury all the facts and
circumstances Of which the homicide was but the
elimination We think that the charge In this re-
spect was erroneous.
He quotes from the charge Of Recorder Gof. when
he referred 70 Maria Barberi in the following lam
ohn ssraI 1xrth i'm 81
tricious intercourse 1t mode OF lie con-
demned BY sound public morals. ETC., ana says
I'VE think that this part of the charge was clearly
erroneous 1t was the province OF the jury 20 de-
terrniDs the real moral condition OF the woman ana
whether the words that the deceased uttered extin-
glshed lingering hope and suddenly revealed 70
her mind her true position
Referring TO another portion OF the charge. Judge
0Brien Gays: THE substance Of the charge was
that there evidence that the act was the re-
suit Of sudden impulse That was the very question
which the jury had TO decide. and the strong ex-
preston Of opinion upon such question was CAL
culated to mislead the jury and exceed the limit
which this court has ever sanctioned and sought TO
sanction for judicial comment upon the character
~ IT Is easy TO be seen" says Judge O'Bren. that
en this tended TO prejudice the jury against the de-
l.ndant." Continuing: he remarks The questions sa ,n
peal but there are many other rulings which would
be dihicult II not impossible to defend From an lex, Sx
The conclusion that the defendant has not had fair
trial and that the case should be submitted to an
other fury to the end that all competent proof may
b given in the regular and orderly way and all the
questions presented in the temperate and dspasson
capital and so essential to the protection or all
% 1s ENDS by Ppsypg 1ne SoDT e @
ewdsr Gors attitude at the trial: When the
sr%.nt the the lab liability Is great that the propositions
mhw may become interrupted by digressicn and 80
%sed % Ing h with @ 5om
brs their appropriate province Of dealing with the
nsu Invaded. and errors intervene wnicn me pui-
ut Of different course would have evaded
When the information that the Court OF Appeals
sMrsnted new trial for Maria Barberi was pub
tha yesterday afternoon 1t caused considerable
comment In this city, and number OF New-fo forkers
hard to declare that the action OF the hlghest
@cr the State however judicial 1t might be, prob
sw would have the effect 10 encourage Italians 10
commit murders in this city. The case OF Maria
Sareeri has been talked about among the Italians
oh'i all Of them are familiar with the details OF the
.me The conviction OF the woman ana her SEN
- tencs TO death were believed to have had an enect
6eer t'ue.e I'm many mol, t,headed ltanais WIZ har ,
usment Of disputes
,orns has been much talk about the immunity en-
wS..re wno resi the statements made by Andrew D.
Seiorse pres s eni Gt u have deesrd
tration 81 . w have 70 be change In the admins
Of citizens sssS u Sls county to insure the safe'S
Barbs sna CON who presided at the trial Of Maria
day To- mais aac sentenced her death declined yester
Court ~ any comment upon the decision OF tie
cs Womsp was said that II would be useless try the
s Ant Dstrlst-Attorney Mcintyre who conducted
would ova ,or the prosecution. said that ne probably
fshrs.o 20 .mansaughter in the first degree the pun
'0' which Is twenty years imprisonment