Waterbury evening Democrat., 1905-11-23

rnlS forenoon III me Supefior cUuIt uy Judge Robinson to be hanged on Tues day, February 2, 1906. for the mur- der of Angelo Solomita on July 18th near the entrance to the Randolph k Cloves shop.
 At 9 o'clock court opened and Judge Robinson immediately heard the ar guments on the two motions by the defense, one for arrest of judgment and one for new trial on the grounds that the verdict was against. the eyi- dence. As to the first motion Attor- hey O'Neill had very little to say but on the other he spoke at some length. He said that it was plain from the evidence that the accused did not put the revolver in his pocket for the pur- pose of killing anyone. It was for self protection he put 1t there. He firmly believed, went on Mir ONellL that he was in deadly danger of the Solomitas and that he had good cause to carry the weapon. The transaction on Cole street when Antonio Solomita fiourished razor at accused. the dis turbance in the house corner of South Elm and Scoyill streets when the ac- cused went out for policemen. the shooting by Antonio on Jackson street and what accused's cousin told him: all led him to believe he had better carry the revolver for self protection. The fact that Antonio fired pistol showed that he had had heart and the firing was reported to the accused. and this again led him to believe he was in deadly danger. All these stories swelled as they travelled and they further led accused to believe he had better prepare to meet the Solo mitas. Old man Perriello told him 10 be no his guard against the SOlomitas.
 Not until after all this talk and trouble did the accused carry the re- voIver. And tbis brings up the ques- tion did he carry it to protect himself or to kill the SOlOmitas? It was not shown that he ever laid In wait for them and it was not alleged in the complaint that he ever did lay in wait. There was no evidence that the kill ing was premeditated and when he did kill he was called upon to decide quickly what to do. He had to de- eide in a moment. in as long as it took the Solomitas to walk about ten feet toward him. "To me" said Mir " ArNih fA rFN1lu@ luG fCIullt DV for second degree murder or man. slaughter. There was sufficient evil dence to show that the accused h. tended to kill only if necessary to save his own life but there was no malice in the shooting. The statement by Dominica Stango that accused told him there were two fellows from Freginto in town and he would have to Kill them. was not to be believed. Neither was Mrs Solomita's story to he believed. Tho idea that two men called at her house one night with ra- volyers dangling from them, and that they told her they had come to kill her husband, was outlandish and incred- ible. It was strange that she did not tell that story until she got on the stand"
 In reply Assistant States Attorney Kellogg said: "The short time the jury took to reach verdict showed that 1t was harmonious from the first and that there was no difficulty in reach ingsit There was no contention fin the jury room. no yielding by the minority to the majority. It was manifest to the jury that a gross In- justice had been done and there was 7 abundant evidence of reconciliation to T--ier.
 "Lominico Stango's story was m honest one. There was sufficient eyi- dence to show that CapobIanco dis cussed for moments the killing of An gelo Solomita. He discussed it with Stango and Stango told him he would be hanged if he killed Solomita. He discussed it with Savino Perriello and Perriello insisted that Capoblanco should do the killing because PerieIIo had children and be could not afford to Kill anyone on that account. The accused man talked with a number of the witness about killing the Solo mitas. There was reconciliation for weeks ahead and it was decided thai Angelo should be killed first and he was killed as had been planned.
 The accused was surrounded by his friends when he killed Angelo and be took shelter behind one of them as he fired the revolver. All this shows that there WAS reconciliation and that he was in no danger of death or even bodily harm" This closed the argu- ments.
 Tn solemn tones the court then ask ed Mr 0'Neill If be wished to have the motions decided then and the reply being in the affirmative. he said loud and distinct: ~The motion for arrest of judgment is denied" and after Clerk Marsh had made the record the court agnln said: 'sThe motion for new trial is also denied He then asked the prisoner if he had anything fo say and Interpreter MancIni tran slated the question
 The prisoner was on his feet in a moment He had been extremely ner- voug during the arguments and be- fore a word had been said he asked Sheriff wakelee. fn whose custody he was. if be could speak. Attorney Rauby told him be would have that upporfunIty by and by and now that ii had come be ErasDed t. Seating bimseIf In the witness stand he said throuEh the interpreter. that seeing be vas to be punished be would tell the truth about fhe murder of Angelo. and that ft vas onIy fair that those implicated with him should be pun ished also
 -savino PerrieIlo is tie cause of If all- he began In quick nervous tonez If was evident that he was already sfrsh of the awful doom hanging oyer hfm. ~Perriello got me Into this trDufIe.- he resumed after I Eut tack from Jackson street when the so,omftas had words with ne Persf- eIio said ! was an IEnorant fool and