The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-02-03
CAtDERONE 3COfS UP
FOR Twenty YEARS
Is Given the Heaviest Sentence
That Could Be Passed Tn.
der the Verdict.

Twenty years at hard labor in the neni-
Tertiary was the sentence pronounced
yesterday by Judge Brooks upon Antonio
Calderone for killing Salvatore Battalia
on the Franklin avenue bridge Nov. 49,,
1908.
Calderone was indicted on the charge
of murder in the first degree and was con-
victed of manslaughter in the first de-
gree, the llghtest verdict that could be
returned by the jury under the instruc-
lions given by the court.
Twenty years was the maximum pen
atty, and the court was not disposed to
believe any leniency could be shown in
view of the fact that the jury had all
ready brought in the most favorable YER
dict for the defendant that could be
reached under the belief that Calderone
committed the crime, as it appears the
jury must have believed.
No stay of sentence was asked, and
no appeal will be taken. The prisoner
will be taken to Saltwater this afternoon
Yesterday noon Calderone was brought
down to Judge Brooks court room The
prisoner sat by the attorneys table and
did not appear to be concerned about the
proceedings which were to settle the
number Of years he was to spend in con-
1nement. tsEIs
When his name was, called he walked
up to the bar of justice, his attorney F.
L. McGhee, standing at one side and
County Attorney Boardnlan al the other
In response to the questions of the
clerk, Calderone said. be was born in
Sicily and was twenty -four years old He
said he had father. mother, two sisters
and a brother in Italy and named Tony
Inzerra, 500 Robert street ST. Paul, and
Augusta Piazza, 16 'Royalston avenue
Minneapolis, as his nearest friends. He
said he had been In this country for five
Western railway as a common laborer.
Later he peddled fruit and vegetables
He had nothing more to say, and the
court asked County Attorney Doardman
regard to the passing of sentence.
Mo Ground for clemency.
"Inasmuch as your honor asks me. 1
think the state should express some opin-
ion,'' said Mr.. Boardmar. "Your honor
gave the jury four possible verdicts. It
from the first. The only question was az
to the degree In which the prisoner should
be found guilty. 1t seems that If there
had been no chance OF finding the crime
some higher degree. 1 think the defend
ant is exceedingly fortunate that the jury
gave him the benefit Of the low degree.
it would be. exceedingly unwise and I'M
just if anything less than the maximum
penalty were given In this case"
Attorney McGhee argued in favor of a
light sentence. upon the theory that the
jury must have believed the story of
CaIderone that the killing was done in
self-defense, otherwise it would have
brought in a verdict of murder In the
first degree. as charged in the indictment
This boy stands convicted upon his
own story said McGhee.E He was
taken to the bridge by Battalia,l who In
tended to kill him.. He was attacked and
took the knife away from. his assailant
himself becoming the. slayer. Upon that
ste story the jury brought In a verdict Of
Judge Brooks said that he did not be-
lieve that the knife used in the fight was
not believe Calderone's story true. II am
convinced that the prisoner Is guilty and
was justly found SO by the jury" said
Judge Brooks.
1T is, therefore, considered and ad-
judged that you. Antonio Calderone, as
punishment for the crime Of manslaugh-
ter in the first degree, of which you have
been duly convicted, be confined at hard
labor in the state penitentiary at Still
water for a period of twenty years.