The Birmingham age-herald., 1916-01-26
DEATH PENALTY FOR
 SLAYERS OF STAFF
 |S JURY'S VERDICT
Sam Macena and Tony Ma lena Found Guilty of Mur- der-Display Much
 Emotion

Sam Macena and Tony Malena must pay the death penalty for the murder of l.oIie Staff near Coalburg last October The verdict was returned before Judge William E. Fort of the criminal court yesterday morning after the jury had been in deliberation since Monday morn ing. The defendants were found guilty of murder in the first degree and punish ment fixed at death.
 The verdict came as distinct surprise to courthouse authorities who had closely followed the case during it's proceedings since last Thursday. Silence prevailed in the courtroom when the jurors quietly filed in to their seats. Both Malena and Macena appeared to be confident of ac- quittal when Judge Fort asked the jury had they agreed upon verdict.
 The verdict was hanoeo 10 the clerk who opened it and read, loud and dis tinctly. Neither Macena or Malena dis played no emotion on hearing the dread verdict, both gazing silently into the jury box. Neither of the condemned men had removed their eyes from the jury box when White Gibson, their attorney, rose and asked that a poll of the jury be taken. Each of the F jurors answered in the affirmative. Judge Fort asked MT. Gibson if he wished to question If the verdict applied to both cases. This was waived.
 It was at this moment that the effect of the verdict began to show on the de- fendants. There was a slight stir in the courtroom and low sobs could be heard from the crowded room The two men were handcuffed and started out of the court. Deputies and court baliffs had 10 open a path to the door. Macena was weeping, although somewhat consoled by Malena, who remained calm. The two men were led to the county jail and placed in a cell. No sooner had the handcuffs been removed than Macena dived to the concrete floor, head first. He was placed on the small cot in the cell, but ill a few minutes he had rolled off on the floor. He walked from end to end of the small cell and fell Violently to the floor several times
 Malena took the situation Tn a calm manner, although he showed that it af- fected him. he controlled himself won- derfully. It was several hours before Malena was able to quiten Macena. He
 
 on him and continually repeating, Why should I suffer for some other man s crime?"
 The murder of Staff, who was a fruit dealer was exceedingly bold and accord
 ing to many veteran deputies about the sheriffs office, resembled the series of Lewisburg murders that startled the state several years ago. The murder of Staff was not discovered until about three hours after the murder had taken place. The dead mans horse and wagon re- turned to his home in North Birmingham alCne and after a brief search by his wife and other members of his family was futile, posses were organized. His dead body was discovered in the woods off the road with a bullet wound through his heart and knife wounds about his head.
 Deputy Sheriffs McDuff and Hartsfie1d worked up the clue that led to the arrest of Macena and Malena several days later. That Staff had taken the trade of the two Italians and that jealousy was the motive of the crime was the basis of the detectives plan to work up case.
 The two prisoners will be sentenced on Saturday or probably a week later AL though a motion for new trial was not filed yesterday, it is thought that mo- tion to that effect will be offered within the next few days. Provided that is not can be taken.
 Neither White Gibson nor W. V. l.. Robertson, who defended Macena and Malena was able to say after the trial yesterday whether further steps would be taken in behalf of the prisoners. The state was represented by Solicitor Hugo Black, assisted by c. P. Beddow.