The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1897-09-29
FOR so YEARS
Artore Catabani will LinGer In Saltwater
at Hard Labor for the Murder of
Reinhardt StOll.

heinharut SCOu.
Judge Ensign Gives Him the Limit rs
Recommended by the Jury.
The trial of Artore Catabini for
the murder of Reinhardt Stoll was
concluded in Duluth last Friday when
the jury returned the verdict finding
him guilty of murder in the third
degree" The verdict created some
what of surprise as it was expected
a second degree verdict at least, if
not first, would be returned.
Judge Ensign in his charge to the
jury adjured them especially that the
element of vengeance did not enter
in the trial. He referred to the at
tempt to impeach the credibility of
the witness Sparoni, saying that the
jury was still the Judge of what credi-
bility was to be given the witness
sought to be impeached. The defend
ants testimony should be given only
such weight as the jury believed it to
be entitled to. Ills interest in the
outcome of the trial was matter to
be considered. If there was reason
able doubt that Catibini stabbed Stoll
the defendant should have the benefit
of that doubt and be acquitted. The
question Of time was to be considered
and all the facts bearing on time
should be weighed-whether the wit
nesses were correctly informed as to
the time and their estimates and
statements of time should be consid-
cred carefully.
Referring to Stoll's ejecting Cata-
bini from his saloon, Judge Ensign
said the owner or possessor of build
ing has right to remove an intruder
or order him to leave. The owner in
removing an Intruder may use so
much force and only so much as nee
essary to accomplish the removal. A
saloon is a public place where persons
may resort, but in doing so they are
bound to be orderly. peaceable and
decorous, and if any person created a
disturbance or became engaged in an
ARRAY or fight the owner may remove
such person, using such force as may
be necessary.
The court then defined the different
degrees of murder very carefully, ex-
planning with especial care and defin-
iteness what constitutes premeditated
murder. 1t was explained that MUIR
der in the first degree must be COM
mitted after generalization or deliber-
alton, with design, malice or purpose
that there must have been thought,
resolve. and that the mind must be
fixed on the crime. 1t was explained
however, that no space of time must
necessarily have elapsed between the
forming of the design and the killing;
il might be instantaneous; it was
necessary indeed that the act be pre-
ceded by only concurrence of purpose
and action.
While the charge was delivering,
Catibini devoted his time to fOndling
his chin in his hand. His nervousness
found escape through the tapping OF
his finger on an imaginary spot on his
cheek. First he regarded the effect
of the words of the judge on the jury.
Then he glued his shrewd but half
closed eyes on the judge and ap-
peared as il he expected that the con-
clusion of the summing up of the law
in the case would be announcing of
his fate.
At noon Friday the jury notified the
court that they had reached verdict.
The Jurors had been celebrating over
the evidence for more than 10 hours,
and the final decision was that Cati-
bini was not guilty of murder in the
first degree. as charged in the in
dictment returned against him, but
that he was guilty in the third degree.
For this crime person may be sent
to the penitentiary for not less than
7 years nor more than 30years. While
it was not made part OF their verdict,
the jurors, through their foreman,
recommended to the court that Cati-
bini be given the limit allowed under
the law.
When judge Ensign was notified
that verdict had been reached he
dispatched an officer for Catibini and
he came in In a few minutes, ac-
companied by his attorney, FL. M.
Croker, 1t was evident that he was
worried, but it was also plain to be
seen by his features that he did not
fear the very worst, owing to the
lcngtheof time that the jury had been