The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-06-27
GUILTY OF MURDER
IN SECOND. DEGREE
The Verdict Arrived at Ia the Sam Toai
Murder Case.
JURY CAME IN FOR INSTRUCTIONS
Presented Six Questions to Judge
Gunster With Requests for Answers.
lie Threatened to Commit Attorney
John T. Martin. I. Prisoner Evidently
Did Not Understand the Verdict.
Quarter Sessions Cases.


Sam Toni was yesterday found guilty
of murder in the second degree for the
shooting of John ]. Rafter, at Old
Forge on Feb. 4 last. He died on Feb
- at his home on Marion street, Green
Ridge The verdict was returned to
the court at $50 yesterday afternoon.
The case was given to the jury about
o'clock Thursday night. after Judge
Gunsters charge was completed, and
Immediately upon retiring to their
room the jurors took ballot showing
that three favored verdict Of murder
in the first degree. eight second degree
and one acquittal. The second and
third ballots We're the same as the first,
but the fourth showed a change. the
jurors having by that time decided to
vote on the question Of murder, and II
the accused was found guilty. to decide
upon the degree afterwards.
Under the new arrangement eleven
voted to return Toni guilty of murder
and one voted in favor of acquittal. He
was Benjamin Harris, of Moosic. The
juors then retired for the night ana
took up their unfinished task again
early yesterday morning. The argu-
ments advanced by the members of the
jury during the progress of the ballots
got the jurors involved in a maze of
doubt, and they decided to ask the court
to throw some light OH the matter. Ac-
cordinSly they filed into court at $50
and presented the following questions to
Judge Gunster:
QUESTIONS OF THE JURORS.
| To the Honorable Judge Gunster.
The jury would like to have their men,
| DRY refreshed OIL the following six points,
First--When Barber came down stairs
| with Conforti, in what direction did Con-
forti go and where did Barber last see him
| before the shooting
Second--What did Ross Keough say as
| to who did the shooting when first asked
| by Barber.
Third-Where did Barber see Conforti
Immediately after the shooting?
| Fourth-Did Peter Simiri see Sam Toni
Immediately after the shooting?
Fifth-Did Peter Simini see more than
one Italian when he looked back imme-
| diately after the shooting?
Six!h-Should the declaration of the
counsel for the defense that he can prove
this murder was done by Conforti have
any weight in the deliberations Of the
jury? G. F. Chamberlain,
| Foreman.
| "All of these questions which You
ask are questions of fact" replied Judge
Gunster, "and ! will have to let counsel
present their view of the evidence on
the matter: 1t is not competent for me
to state to you what the facts are. 1t Is
| for you to refresh your memory from
the evidence, and I will permit counsel
| to make statements to you in regard tC
them. In answer to your sixth ques-
ton, say emphatically. no; no declara-
tions made by counsel which are not
| supported by evidence ought to have
any weight with the jury at all. If he
can prove that this murder was done by
| Conforti. he ought to have the evidence
here to prove it. to eliminate and solve
the whole difficulty.
BARRIERS OPINION ONLY.
There is no evidence in the case al
all except the testimony based upon the
opinion of Barber. who testified that IN
his opinion 1t was Conforti that did the
shooting. AS / called your attention
to his testimony at the time. he had
previously testified that he was not able
to identify the man who did it, and that
he thought Angelo Conforti was the
man who had been shot and not the
man who had done the shooting
IN answering the sixth question thf
court said to the jury: II should
have produced the witnesses u
broke in Mr.. Martin. of coun.
sci for the defense II said to the jury
we could prove by three witnesses tc
whom"
You had no right to make such g
statement to the jury" declared Judge
Gunster, warmly cutting Mr.. Martin of
before he had time to finish his remarks
Mr.. Martin, unabashed. returned t,
the attack. This Is what said to the
jury" he declared, moving little closer
to the bar. We could prove by three
men that Conforti made q confession
There was no such thing In the evi
dence In this case" suggested Distric
Attorney Jones, and Judge Gunster ther
delivered this caution to Mr.. Martin:
IF you desire to say anything contint
yourself to the questions there. to ths
inquiries of the jury. You have tn,
opportuh now to do So"
Il want explain to the jury" re.
torted Mr.. Martin, that you said
should have the witnesses here. wan
to, explain why could not, why these
witnesses could not be admitted"
TOLD WHAT TO DO.
II have told you repeatedly what t.
do." was Judge Gunsters curt remark
IF this man We're arrested then
can produce them because it would b,
testimony, but you said to the jury
DO you understand what have tolt
you that these remarks are improper?'
said Judge Gunster now clearly out O
patience.
Yes, sir"
"Then cease making them"
You said to the jury why didn't
produce this testimony
Il will simply commit you unless yo,
stop" sharply spoke Judge Gunster
and Mr.. Martin at once subsidized an,
took his seat among the members O
the bar.
Stenographer Coston read the testi
mony Of Pietro Simoni and the direc
examination of Martin Barber whel
first sworn and Mr. Martin read alou,
the questions to the jury and explaine,
each answer. When the sixth question
was reached the court confined hin