The Mellette County pioneer. [volume] (Wood, Mellette County, S.D.) 19??-1971, 1912-10-25

around the head or the uistrict uttof
new OF New York. The story OF the
MYSTERIOUS visit OF the Marquis Ma
zaccra and his counsel TO the Criminal
Court building was deliberately pub
lished.
The members OF the party opposed
IN politics to the district attorney de-
nounced him with savage comment. IL
he was afraid to prosecute the Italian
Robini, Il would find an attorney who
was not afraid. II then named q GER
tain lawyer>in politics. n Theodore
Pagan, a person OF large municipal In
fluence and considerable prominence.
a nan of no profound legal learning
and OF little legitimate practice. never
theless a person Of ambitious and un-
failing assurance. This party demand
ed that Pagan should be sworn In as
an assistant district attorney and the
prosecution OF the Marquis Maxaccra
put entirely into his hands.
Contrary to every expectation. the
district attorney Of New York instant
ly assented to this proposition, with
out a word OF explanation or COM
ment. Pagan. fortified by his tremen-
dous assurance. began at once to car
~ his mob directions into effect. I'm
mediately after he was clothed with
the authority Of an assistant district
attorney, he caused the Italian mar
Quis to be arrested.
Within a week OF the date Of the ar
rest, the Marquis Mazaccra. alias RI
cardo Robini. was indicted for the
murder OF Tolman Perkins. His case
was advanced on the docket, a jury
was impaneled, and the mar placed
on trial for his life. The valet. re-
leased and sitting in the court room.
was the chief witness for the people.
Randolph Mason appeared as counsel
for the prisoner. but his conduct OF
the defense was so ~acquiescent that
Fagan's friends facetiously named him
the co-counsel for the people.
Finally. having at great length es-
tablished the death Of Tolman Per-
kins and its circumstances. Mr.. Pagan
arose. He stepped dramatically before
his table. threw back his shoulders.
and caught up the third button OF his
coat.
If your honor please" he said, 81
have reason to believe that the pris-
oner is relying for his defense upon
our inability to identify him as the
Marquis Mazaccra. have therefore
called a number OF Italian witnesses.
VIII your honor direct the interpreter
to be SWORN"
Then he whirled about triumphantly
into his chair like one who has glori-
ously spiked tho only cannon OF his
enemy.
The reporters at the table paused n
moment with their pencils suspended
above their notebooks. This, then,
was the solution of Mason's indiffer.
ence. II the prisoner could not be
identified as the Marquis M~azaccra.
he could not, OF course. be convicted.
This was a vital point-the savage
battle for the prisoners life would be-
gin now. They waited. fingers tight.
ening on pencils. for the report OF the
opening gun. Every glance in the
court room winged to Randolph Ma
son. IL was an instant OF peculiar dra-
matte stress. Then It pulled out.
Your honor" said Mason, I'VE ad.
nit the identity OF the Marquis Ma
Zaccra."
The JOY Of Mr.. Pagan could ont be
concealed; II sat glowing on his face
as he got once more to his feet. The
only gap In his evidence had been
bridged for him. The road to the con-
viction OF his prisoner lay now unbro.
ken before him in the sun.
IF your honor please" he said. 81
have proved the incidents OF the muir.
der, the death OF the victim, and the
circumstances attendant on the dying
declaration OF the deceased. | wish
now to introduce that declaration. to
connect the prisoner with this killing.
The identity OF this prisoner with the
Marquis Mazaccra having been now
admitted. ! take II that the people
have made their case"
Then. posing on one foot, and rails
Ing his voice until II carried to the
bailiffs at the door. he read the origi-
nal statement OF Tolman Perkins:
at was that Italian, the MARQUIS
Mazaccra, who did II. When I get
well. l will kill him."
If any one had been at that moment
observing closely the face OF the pre-.
siding judge, he would have noticed n
curious transition there, as OF lights
swiftly changed behind the immobile
features. The Judge was an able and
conservative trier OF causes, and made
1t a point never to read any notices
or a crime. nor to be advised In any
manner OF public opinion, nor of any
comment ~antedating the trial OF the
prisoner. He thus got his knowledge
OF the case solely from the evidence
produced before him on the trial.
May l inquire. Mr.. Fagan," he said.
If you have any evidence further
than this declaration to offer for the
peopler"
mo. your honor" replied the law.
yer. This seems quite enough to es.
tablish the guilt of the prisoner. The
people rest with It,"
The Judge looked down at Randolnb