New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-08-20
Raffaele Creets Verdict
Stoically and Stands
10 Answer Questions;
Jury Out Seven Hours
Four More To Be
Tried for Murder
Convicted Man Was
Identified by Mother
Of the Kidnapped Baby


ysrctta and indicted on charge of
murder in the first degree after the
child's lifeless body was found on the
shore Of the Hudson River, near Nyack,
VAS found guilty of murder last night
In General Sessions. The jury de-
liberated seven hours in his caee.
When the verdict was announced by
William A. Morton, of GAG West 125th
Street, foreman Of the jury, Raffaele
seemed to take it stoically, and he
stood up to answer the usual questions
put to him by Siegfried Steinberg,
clerk of the court.
Just before the jury filed into the
courtroom to deliver its verdict the
room had been cleared of spectators,
only newspaper men and court attend
ants and attaches being permitted to
remain.
Judge Talley announced that Raffaele
was remanded in the custody of the
o'clock, when the customary motions
are to be made by the attorney for the
condemned man.
John Melchione, James Ruggieri, An
tonic Marino and Santo Cusamano were
also arrested in connection with the
case. These men will now come to
trial on charges Of murder.
Asked Further Instructions
When the jury had been discussing
the case for six hours and half it re-
turned to the courtroom to ask Judge
Talley to define murder in the first de-
gree and manslaughter in the first de-
gree. Martin Wechsler. Raffaele's 8
counsel. took advantage of this oppor-
tunity to move that a mistrial be de-
elared on the ground that when the
Jury had come in about S o'clock to
have testimony read Judge Talley had
conferred" withsths foreman.
TIE motion was denied, Judge Talley
expla aiming that the conference" con-
sisted merely of question he had put
to the foreman, asking him if the jury
wanted to go to dinner before resuming
eozside ration of the case and of the
foreman's reply to that question.
When the verdict had been announced
and his pedigree taken Raffaele was
led back to the Iombs, where his four
alleged accomplices are awaiting trial.
Before discharging the jury Judge
Tailey thanked them for the service
they had rendered.
when jures face their duty in this
way he said, "they will promote the
cause of law and justice in this county
IS all law-abiding citizens wish"
Judge Charges Jury
Judge Talley began his charge to the
~
Tuesday the jurors were chosen and
by the prosecution and defense in the
trial Of Kaffaele, first of the men to
be placed on trial for the murder of
Giuseppe Varotta, the five~year-old boy
who was kidnapped on May "a and
whose body was found floating in the
Hudson River off Piermont, N. Y, on
June II.
In his charge to the jury Judge Tai
ley discussed the evidence of the case
and analyzed the points Of law in
volyed for the guidance of the twelve
men in their deliberations over the
tate of the defendant. The Judge
pointed cut the conflict Of testimony
which had been brought out in the
maj. The parents of the boy both
declared on the witness stand that Raf-
1sele was the man who had come to
their home at 354 East Thirteenth
street on the night of June /, demand
ing $500 for the safe return of little
giuseppe Previously, letters received
py the couple had demanded a ransom
o. $4,000. When Rafaele took the
witness stand in his own behalf he
oenied he had ever seen Mr.. Varotta
Until the night of June 2, when he
vas arrested. Mrs. Varotta, he said,
ne saw for the first time on the morn
inE OF June 3. The judge instructed
'ns 'uryrnen to weigh the two stories.
Returned at $3.50 p. M.
At : o'clock the twelve men retired
ana there was not break in their
ceiiberations until soon after $3.50,
% naYc the testimony Of the defendant
1ead to them by the court stenog-
lapnsr. When they returned to tho
.3fy room they took with them 4
photograph Of the interior Of the Va
fot.a home.
Before Martin Wechsler, counsel for
nahzele. and Assistant District At
s9'nsy Brothers started to sum up,
~ ~. Jozcphine Rafaele, the defend
tths widowed mother, testified in his
senaH: She declared that he had al
HrfH Kood BOY anu tnat her
KY quarrel with him had been over
~ entrance into the army against her
~.tnes. Two Of her sons had been
prssssed, rhs said, and she wanted
nnsosfto 70 remain at home with her
~ s.se''ye Sergeant Michael Fiagchetti,
= snc Italian squad. testified that Mrs.
t.,,o''a mad positively identified Raf-
'e .S ~ the man who had demanded
s s.s WV ransom. He denied that he
s,s; ~ iesated the alleged confession
d.s d..sn Hshaclc says ne signed under