The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-02-02
TWENTY YEARS
FOR CALDERONE
The Man Who Killed Salvatore
Battalia Receives the Max
imum Penalty.
Judge Brooks Says He Does Not
Believe the Prisoners
Story.
F. L. McGhee, Attorney for Cal
derone, Hopes to Have the
Term Reduced.

Antonio Calderone has been sem
fenced to twenty years at hard labor
in the state pententiary.
The italian who killed Salvatore
Battalia on the Franklin avenue
bridge, Nov. IS, and was convicted
of manslaughter in the first degree, !,
was given the maximum penalty by
Judge Frank G. Brooks at the close
of this mornings regular session Of
court.
No stay of sentence was asked.
There will be no appeal taken. Inc
prisoner will be transferred to Still
water as soon as the commitment can
be made out and other arrangements
completed. He will probably occupy
a convict's cell by tomorrow night.
F. l.. McGhee, Calderones counsel |
has made a determined fight for his
clients lie and liberty and has not
yet given up hope. BY the aid OF cyl
expects to be able to have the con-
vict's long term reduced.
Spectators Are Barred.
Promptly at II o'clock to-day the !
prisoner was brought into Judge I;
Brooks courtroom. The judge ana
officials were in waiting, and, as soon
as Calderone had taken a seat beside
the trial table the doors were closed |
and all curious onlookers kept out.
by no look or motion did the de-
PENDANT show any appreciation Of the
crisis at hand. He sat with gaze fixed
upon the floor, and when asked by a
friend how he felt, replied without
looking up: "Oh. pretty good
Antonio Calderone," said the
court.
The prisoner rose and advanced to
the bar of justice. Mr.. McGhee took
his place on one side, while County
Attorney Boardman stood on the
other side.
What is your age?
"Twenty-four.
you were born in Sicily?"
YES"
How long have you been in this
country"
Have you any relatives in this
country"
mo. 800
Have you any in the old country?"
Yes. My mother, brother ana
two sisters"
The address of his relatives were
then taken by the clerk and the names
of two friends, Tony Inzirrio Of st.
Paul and Augusta Piazza Of Minne-i
apois, recorded for reference. The
prisoner stated that he had been a
farmer in Italy and in this country
had followed the trade Of q peddler
of fruit and vegetables.
say to the court?" was asked, to which
Calderone answered a laconic NO.
Mr.. Boardman's Statement.
"Mr. Boardman, what have you to
say as to the sentence to be passed In
this case?" asked the judge.
"Inasmuch as your honor has asked
me that" replied the county attorney,
Il think the state should give some
d. expression Of opinion. Your honor
gave the jury four possible verdlcts. Ii
seems that the jury were for conv1c-
ton from the first. The only ques-
ton was as to the degree in which the
prisoner should be found guilty. 1t
seems that If there had been nc
chance of finding the crime Of man
slaughter, they would have found some
higher degree.
1.-THE crime committed is the worst
known to the law and I think the de-
PENDANT is exceedingly fortunate thai
the jury gave him the benefit Of this
low degree. I believe that the Inter
est of the public is higher than thai
of an individual, and especially Wher
that individual is a murderer.
- IT am therefore Of the opinion tina
1t would be exceedingly unwise anc
unjust if anything less than the maxi
mum penalty were given in this case
McGhee Asks Mercy.
Mr.. McGhee then spoke feel1ngly II
behalf of his client. He held that thu
Jury must have believed the story 0
Calderone, as told In his confession
This boy stands here convicted on hi
own story" said the attorney. He wa
taken to the bridge that night by Bat
ITALIA, who intended to kill him. H
was attacked and, taking the knit
away from his intended slayer, him
self became the slayer. Upon tina
story the jury, under the court
charge, which was entirely right an
just, found Calderone guilty Of man
slaughter"
He then pictured the defendant
loving nature and his possibilities
life If allowed "a window in his &c
thru which he could look out into llf
with hope
up to this time no person has sal
word to me as to what sentenc
should be passed upon this prisoner
said Judge Brooks. THE court hs
considered the question, but witho,
suggestions from others. The evident
satisfies me that the knife with whic
BattaIia was killed belonged to Ca
derone, and that therefore Calderone
story is untrue. 1t has not been su
ficiently explained why Caldero1
threw away the knife, If it belonged
Battalia, or why he fled to st. Paul
IT am convinced that the prison
is guilty and was justly found so
the jury.
1T is therefore considered and a
4, judged that you, Antonio Calderor
as punishment for the crime Of ma
slaughter nthe first degree. of wifi
you have been duly convicted, be CO
fined at hard labor in the state pei
ftentiary at saltwater for a period