The New York herald., 1921-08-20
RAFFAELE IS GUILTY
in VAROTTA MURDER
First Of Kidnapping Conspira-
tors to Be Tried Convicted
in the First Degree.
FOUR MORE AWAIT TRIAL
Prisoner Called No Witnesses
to Support Denial Of At
tempted EXtortiOn.
FOUR MORE AWAIT TRIAL

For his part in the kidnapping and
the death of five-year-old Giuseppe
Varotta. last May, Roberto Raffaele
was found guilty of murder in the
first degree last night by a jury in
General Sessions. Raffaele was one
of the emissaries of the band who
went to the Varotta home to demand
payment of the $4,000 ransom.
The jury took the case at 4 o'clock
yesterday afternoon, and with the ex-
ception of an hour Cor dinner and less
than half an hour which was used IN
receiving instructions from Judge AL
fred J. Talley concerning the various
degrees of murder and the evidence
necessary for a conviction in the first
degree, were locked UP in the jury
room until IL o'clock at night. They
then reported that verdict had been
reached.
Raffacle was brought into the court
room when the announcement was re-
ceived from the jury room. A few min
utes later the jury filed in. Tie fore
man then read the verdict. Raffaele
scarcely gave an indication that he
heard il. He stepped forward and gave
his pedigree and then was led out Of the
room.
Raffaele was convicted of being one OF
the conspirators who stole the varotta
boy from his home in East Thirteenth
street and later. when the money de-
manded as ransom was not forthcom-
ing, threw him into the Hudson River
somewhere above the Palisades. He
was identified in court by the mur-
dered boys father as one OF the men
who came 10 make a verbal demand for
cash.
Judge Talley thanked the jury for the
tention they had given the case. He
said the verdict OF murder in the first
degree was amply justified by the evil
dence Raffaele viii be sentenced on
Monday.
In his charge to the jury Judge Talley
| explained how Raffaelle was on trial
because a Grand Jury had indicted him
after hearing evidence that a conspiracy
had been formed to steal varotta's child
for the purpose Of extorting money from
varotta and in the alternative OF his
refusing to pay II. drowning his child.
In his charge to the jury yesterday
Judge Talley explained how Raffaele
was on trial because a Grand Jury had
indicted him after hearing evidence that
conspiracy had been formed to steal
varotta's child for the purpose OF ex-
4 e. -
alternative OF his refusing TO pay IL.
drowning his child.
varotta received letter the day after
his boy was stolen demanding ransom
and threatening to drown the boy II II
was not forthcoming. so that. as Judge
TaIley explained. II the jury became
satisfied that there was a conspiracy to
kill. the principal question before them
became that of whether or not Raffaele
participated in the conspiracy. Under
the law defining first degree murder a
person taking part In conspiracy 70
murder Is as guilty as the person who
does the actual killing.
Raffaele offered no witnesses TO cor.
roborate his story that he had had moth
ing to do with the murder plot and
happened 10 be standing on the street
waiting for n chance acquaintance who
had gone into Varotta's house when the
police arrested him. The only witnesses
testifying for him we're his mother and
several character witnesses. In decid.
ing lis case the jury had practically "a
decide whether he told the truth or
varotta and his wife told IT, They tes-
titled at the beginning of the trial that
after their child was stolen Rnffaeie
came 10 their home four times and de-
manded money, promising the boys re.
turn II he got 1t.
Four more men will have 10 stand
trial for tho kidnapping and murder OF
the varotta child. which was one OF
the most atrocious crimes In recent
criminal history.