The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1917-12-20
LIFE SENTENCE FOR GALLO
La Pronouncing Sentence on Joseph
Gallo, Convicted of Murder of Peter
Cerminaria, Judge Makes Comments
On Conditions in Kenosha.

Judge p. B. Belden in the Circuit
Court this morning sounded q new
slogan for "Safety First" in Kenosha
when he made an appeal to Kenosha
authorities to put an end to fEgun
toters." His analysis of conditions in
Kenosha came in connection with the
pronouncing of the life sentence on
Joseph Gallo recently convicted on
charges of numbering Peter Cerminaria
The sentence of Gallo had been ex-
pected. Motions for a new trial were
over-ruled and when the defendant
stood before the bench for sentence
he declared that he had nothing to say
as to why sentence should not be i'm
posed upon him. Judge Belden in pro-
nouncing sentence upon Gallo, spoke at
length and impressively. He said:
eff ! felt any reasonable doubt
about this ! would not hesitate to grant
a new trial, fer defendants rights
must be carefully guarded and just
result is all the state desires.
/ entertain no doubt abort the mat
ter, however, or as to my judicial duty
in the promises
think She defendant had a fair
trial, conducted with proper considera-
ton for his rights and of the favor
able presumption the law extends to
those accused of crime. I all satisfied
no error prejudicial to the defendant,
lie any error at all, occurred during the
trial. The defendant was ably de-
Tended and the most made Of the cir
cumstances offered in support of his
plea of self-defense The jury gave
the case careful and Conscientious
consideration and found that his act
in killing Cerminaria was not justifa-
ble but that it was with the design
and intent to kill and, therefore, that
he must be found guilty of the crime
Of murder in the first degree.
The Supreme Court Of Wisconsin has
repeatedly held that in criminal case
if there is any credible evidence which
in any reasonable view supports the
verdict it win not be disturbed on APP
peal I have no doubt the same view
should obtain in the trial court on mo-
tions to set aside the verdict.
I am satisfied that the evidence well
supports the jury's conclusion, beyond
reasonable doubt, and that the verdict
must be upheld. The motions after
verdict must therefore be denied.
Tt is now my duty to pronounce the
penalty the people, through their legis-
lature, have said shah be imposed for
enc crime of which the defendant has
been convicted. In so doing the court
has no discretion.
Tt should be borne in mind that the
law is not vindictive. It throws about
one accused of crime the presumption
of innocence, which attends him
throughout the trial and until overcome
by evidence convincing the jury beyond
reasonable doubt of his guilt. Besides
that the defendant is entitled to and
has received the careful consideration
and solemn Judgment of the court as
70 the proper conduct Of the trial and
the suficiency of the evidence to sup
port the jpry's conclusion. The pur-
pose of punishment is not alone to
punish the individual convicted of
crime but also as a salutary example
and warning to others not to commit
crime. I trust this conviction and
sentence imposed by the law viii have
that effect in this community. There is
altogether too much of this sort of thing
here. The result of this trial should
be warning that people may not take
the law into their own hands and that
they may not go armed with uot getting
into trouble. 1T is true that this is a
free country, but that does NOT mean
that people may do as they please in
all things. Freedom is properly hedged
about by restrictions necessary in
civilized communities and designed to
insure living in safety. Freedom i'm
plies and demands obedience to the
law Transgression of the law must
be punished and if appropriate punish
ment more speedily followed the com
mission Of crime the salutary example
would be greater and crimes fewer.
The practice of carrying concealed
weapons is common in this community.
I do not know of any other in Wiseon-
sin where it is so prevalent. That the
practice is common here is no secret.