The Waterbury Democrat., 1936-05-05
.DR. PETROCELu
 WAS SENTENCED
SContinued from Page l.)
for at least several months.
 Denies Motion Oe Attorney

for at least several months.
 Denies Motion of Attorney
 Pricp to passing sentence, Judge Simpson denied . motion to set aside the verdict. The defense mos ton was argued for at length by Attorney MaScolo, but the judge ruled that the jury's verdict was not at variance with the law and the evidence.
 In passing sentence, Judge 5imp- son said: "In view of the gravity of the offense, and following the dic- tateS of my own conscience, caH1- not impose any sentence other than the one I am about to give" As soon as the court had given the doctor the three to i've year term, Attorney Mascolo announced the defense's inc tention to ap.: gal to the states high- est court and asked that his client be given Q stay until the appeal had been decided.
 Found Guilty Thursday
 The jury last Thursday night found pr. Petrocelli guilty of man. slaughter in the death of Mary Silva, 90, following an alleged H. legal operation. The girl died at St. Francis hospital, Hartford, June 14, 1895. In three dying statements she implicated Dr. Petrocelli.
 Attorney MascoIo's Argument Attorney Mascolo's argument to- day in favor of his motion to set aside the verdict was based on the admission of the three dying decla- rations made by the girl. He con- tended that the state had not estab- lished the fact that the girl knew that she waas going to die when she made the statements, and also ar- gued that medical testimony was of- fered which showed that the girl could not have been rational at the time that she named Dr. Petrocelli as the man who had operated on her. "Fle is Q victim of circun1. stances,' declared Attorney Mas colo.
 He further argued that the case had been given wide publicity and hinted that jury members may have read articles on the case. He added that some jurymen may have been Influenced" by those with strong CT minds. f7e pictured the defend- ant as "a decent, home-loving per- son."
 Assistant States Attorney Fitz- gerald answered very briefly. The jury had decided the case on its merits, he said, and was convinced by the states evidence that the ac- cused was guiIty.
 All Three Admissible
 Judge Simpson, before ruling down the motion to set aside, stated that ell three statements were ad- rnissible, In his opinion, and that the issues had been left for the jury to decide. He denied the motion, and at once MT. Fitzgerald moved for sentence. Again he spoke briefly, stating merely that the doctor had never been convicted of any crime.
 Attorney Mascolo made lengthy plea for leniency. The doctor, he said, was almost 60 years old, and had led 6 long and honorable life. He asked the court not to let the length of the trial and the amount 1t cost the state initiate against the defendant.
 Judge simpson said: q tried to see that this accused was given fair trial. If there were any errors made, I think they were in his favor rather than otherwise"
 After tho intention to appeal was announced, the conference was held in chambers. The judge later an- nounced that he had granted the stay of execution under bonds of $1o,000.