Waterbury evening Democrat., 1905-11-21
ARREST OF SENTENCE
Capibianco Remained and Adjourn.
 msnt Taken Until Thursday.

The superior court room was crowd
 ed this morning at 9:45 o'clock, when
 Judge Robinson took the bench. The
 throng had come for two reasons. to
 hear the motions in the Capobianco
 trial and probably to hear Capobianco sentenced for murdering Angelo Solo
 mita. After conference in the judges room between Judge Robinson and Att
 torneys Kellogg and O'Neill, court was opened.
 Mir O'Neill made two motions, one for the arrest of sentence and one to
 set aside the verdict of guilty of mur- der in the first degree Mir O'Neill
 maintained that the verdict was against the evidence and that the yer dict was illegally obtained because the
 jury was influenced by having in the jury room during their deliberations a copy of the Waterbury American con
 taining an article about an alleged Black Hand letter in which Antonio Solomita, brother of Angelo. who was killed by Capobianco, was threat
 ened with death if the jury brought in a verdict of guilty.
 Evidence was then taken. Court Messenger Platt was the first witness.
 Mir Platt testified that almost immedi- ately after the jury returned the yer
 dict at noon last Thursday he entered the jury room to take possession of the exhibits, that is, the revolver used by the accused, the bullet that plotted
 out Solomita's life, the charts and
 maps of the scene of the shooting. He did not see q newspaper ill the room then nor on the second visit. half all
 hour later, when he found an umbrella
 and pair of rubbers belonging to juror. During his first visit the Jurors
 were leaving the room He did not
 see ithe newspaper in the room until Friday On that day he also saw the ballots used by the jury in deciding Capobianco's fate in the waste basket The ballots were under the newspaper. Attorney O'Neill tried to get the ballots before the court, but the court
 ruled them out on Attorney Kellogg's
 objection.
 Janitor Magraw testified that he did
 not see the paper in the jury room ,lili- til Friday morning about , o'clock He was working about the building when Attorney Bauby and friend
 entered and asked him to accompany them to the superior court jury room.
 He did so and the three entered 4the
 room together and saw the paper ln
 the waste basket. It was open at the
 article headed Black Hand Letter"
 From the time the court adjourned af-
 ter the murder trial Thursday until the paper was found in the jury room Tit was possible that anyone could have
 entered the jury room at certain hours
 as the front doors are locked only when the janit0r was absent, whereas
 the doors of the superior court room and the jury room the generally open. On Thursday last the janitor locked l the front door when he went home to supper about 5.30 o'clock. When he
 returned about S:30 it was still lock
 ed. He then went to the basement l to attend the fires. He would not
 hear from that place any noise in the superior court room.
 Clerk Marsh of the superior court
 and Clerk Cassin of the probate court | told of their finding the front door
 locked when they left for supper. Attorney Bauby said he heard from | Stenographer Walsh about $ o'clock
 on the evening of the day of the triai that there was copy of the Amorl-
 can in the jury room. He instantly telephoned Attorney O'NeIll who told | him to hasten to the court house and
 see if the paper was in the jury room.
 He went to the court house but found | the door locked and upon Attorney | O'Neilrs advice he went there early
 next morning and found the paper as | told above.
 Attorney 0'Neill then took the stand and said that he knew absolutely nothing about the matter only v''int l Attorney Bauby had told him md
 what he told Attorney Bnuby.
 i Attorney 0'Seill then called William i H. Jones. member of the panel that found Capobianco guilty. He was questioned, but Attorney Kellogg's | objections obstructed the questions
 every time The questions were:
 "Was there newspaper like that in question in the jury roomf" Was the Black Hand Letter article discuss ! ed?" "Did you take that paper or a copy of 1t to the jury room the day 1 the verdict was given?' Did any 1 juror take any such paper?" All these 1 questions were ruled out and excelD- i tions were allowed. go7i i This closed the examination and by { consent of the attorneys the argli- i ments on the two motions were ad- i journed to Thursday until which time
 Capobianco was remanded for sem ' fapaa