Search America's historic newspaper pages from 1756-1963 or use the U.S. Newspaper Directory to find information about American newspapers published between 1690-present. Chronicling America is sponsored jointly by the National Endowment for the Humanities external link and the Library of Congress. Learn more
Image provided by: Library of Congress, Washington, DC
Newspaper Page Text
6 rapid fire of Italian ran quickly along the benches. Ludovico subsided into a little heap, his head sunk beneath his shoulders, the tears coursing down his cheeks. Madonna! Would they take the word of an enemy? Did they not know he was a Sicilian? What 'other hidden motive might not Retro have? Candido stiffened and again turned to where he knew his wife must be sitting- Ah. that wretch! He had noticed his looks and glances. Candido ground his teeth, then dropped his head upon his arms. ■Maria Delsarto!" shouted the attendant. Candido shivered and groaned aloud. They were calling his own wife to testify against him! He grew cold with terror. There was a conspiracy to get rid of him. The two had a secret understanding ! What if she admitted seeing the pistol, in his hands? And his threats! Now in truth it was all over! He settled himself stolidly, his eyes hxed upon the varnished table before him. Maria came forward, carrying her babe in her arms — Ludovico's "piccolo bambino.'" She was still young and slight; but cheeks a little sunken and lips a little set told the story of her dire struggle with poverty. In her eves glowed the beauty of her race, and tlieir long lashes drooped on her pale cheeks as her lips moved automatically, repeating the words of the oath after the interpreter. Candido did not raise his own eyes. For him all desire for life had vanished. His wife was about to sacrifice him for a new lover, a Sicilian! He sat motionless. The sooner it was done the better. Maria let one hand lie gently on the arm of the witness chair, while with the other she caressed the sleeping child in her lap. Her gray shawl fell away from behind her head and showed a white neck around which hung a slender gold chain bearing a little cross. She looked neither at Candido nor at the jury. Then she took the tittle cross in her hand and glanced down at it. "Your name?" asked the prosecutor. "Maria Delsarto." Her voice was soft, musical, distinct. " You are the wife of the defendant? " "Yes, signore, and this is his child." " Do you remember that the day before the homicide of Montaro your husband brought home a revolver?" Candido 's head disappeared beneath his arms and his body shook convulsively. "No. He had no pistol." The prisoner raised his eyes and shot a quick, puzzled look at his wife. "What?" cried the assistant. "You say he had no revolver? Did you not swear that you saw one and sign a paper to that effect?" Maria looked steadily before her. "I did not understand the paper. I saw no pistol." The words came quietly, positively. The prosecutor looked helplessly toward the Judge and nervously fingered an affidavit. "You cannot impeach your own witness. Mr District Attorney," admonished his The prosecutor turned again to Maria. 'Did you not tell Sophia Mantelli that you were weeping because your husband had purchased a revolver with which to kill "Objected to!" shouted Flynn. "I will allow it," said his honor, ' on the ground of refreshing memory. The witness may answer." '" No," answered Maria in the same quiet voice The prosecutor threw down the affidavit in dis gust. That was what you got for taking the word of one of these Italians! Well, it would be a lesson! No, he had no more questions. Candido began to chatter at his lawyer, who pushed him carelessly aside, and fell to nodding and smiling at Maria, who seemed to see him no more than before. Flynn rose deliberately, cleared his throat, and elevated and stretched his arms as if to secure freer action, exhibiting during the operation a large pair of soiled cuffs. "Do you know Pietro What's-his-name? " he in quired sharply. Maria flushed and her head sank toward the child. " Yes," she murmured. "You have heard him testify that he saw the "Yes " '■ Do you know where he was at that time? " Maria's head fell so low that her lace could not be seen, and her hand sought the cross upon her bosom. "Answer the question!" cried Flynn roughly. "He was with me when we heard the shots be low." Her voice dropped to a whisper, "He had been there for an hour. He was not with Ludovico at all. He saw nothing." An excited chatter Sew around the benches. The handsome I'ietro sat dumbfounded. Candido- started from his chair, his face livid with passion, his eyes glaring. " Traditrui! It is thus you deceive me! It is well that 1 should die. Faith less betrayer!" In the "hysteria of the moment he entirely over looked the value of the testimony in his behalf. The attendant and the distinguished Flynn thrust him down, and the interpreter hurled at him a torrent of remonstrances. Once more the prisoner buried his SUNDAY MAGAZINE FOR MAY 20. 1906 face in his hands. Maria, still hanging her head, left the chair, and with her babe in her arms sought a distant corner of the court -room. With the testimony of an officer that a button photograph of Maria had been found pinned inside the coal of Montaro, the prosecution closed its case. The assistant district attorney sat down. The Jury shitted their positions. The distinguished Flynn rose to make motions that the case be taken from the jury- I 1I 1 was pl ;iin - ne argued in sonorous and reverberating tones, that the prosecution had im peached its principal witness by the testimony of the defendant's wife, Maria Delsarto. It had raised a reasonable doubt on its own evidence. There was nothing upon which the jury could predicate a ver dict. He asked that they be directed to acquit. Was his motion denied? With an expression of well simulated surprise, he made the other stereotyped motions. The court denied them all. Candido saw and trembled. That shaking of the head could mean only one thing! Well, they would let him see the priest first before they did it. 'Take the chair!" came Flynn 's harsh voice from above. 'The chair!"' La scrfia' Madonna! He knew that "He Would Like to Have the Pistol Now." word! So soon then! He stiffened with horror. A chilly perspiration broke out all over his body. The room swam and darkness surged across his be wildered vision. ' Take the chair!" repeated the voice. "La sediat" bellowed the interpreter. "La sediaf" Candido shivered as with ague. His teeth chat tered. Dial Now? The attendant placed a hand upon his shoulder. Candido uttered a terrible cry, and fell senseless to the floor. A long adjournment, a talk with the priest, an explanation from the interpreter, and Can dido 'took the chair," telling his own story in a fluent but listless monotone. He sp..ke of his father and mother, of his home in Calabria, of Maria whom he had known from childhood. His speech was sott and dejected. Then he told of Beppe - Beppe, the great, coarse, bullying brute who had tormented and abused him! Yet he had never re taliated until the other had sought to ruin his home. then he had refused him access. Montaro had Publicly sworn to be revenged, swearing that he would kill him ami marry his widow. Candido gritted his teeth and shook his curved fingers, uttering various staccato adjectives Then he recovered himself, and in a different tone began to speak slowly and with great care, pausing alter each sentence. From time to time he looked to observe the effect of his testimony ui«>n the dis tinguished Flynn. That night in the wine-shop Montaro had called him aside and in the most in sulting manner warned him of h,s approaching fate lie would be dead within a week, and Maria would belong to another. Then in mockery Montaro had bent over his hand as if to administer a caress and had bitten it — the deadliest of affronts. » had hurried out >>£ the shoj> toward closely followed by Montaro. At the d i tenement his enemy had rushed upon lam drawn knife from behind, and to save h: r. life Candido ha<l tired at him. "He was a bad man -iin ftwfdo. He » oul killed me and taken my wife from :;• | him." continued the defendant. A he had not been there at all. He was ;.:. Sicilian. In response to a question of th» plained that the pistol was an old one. He bought it to kill Montaro He had had or five years. ila«l procured it for safety in<j on the railroad. By degrees Candido recovered fa ness. He no longer seemed careless of the ease. A new strong thirst foi . jK)ssession of him. There was an . a about the weather-beaten little couni a trustful l(x»k in the brown eyes I better than "character witnc jury of his ingenuousness. There v. • tli to his having made an impression. The distinguished Ftyun pati ■ the back as he took his encouraged. These Italia: actors — and no mistake! But the prosecution had rest 11 for the last, intended t>. ai testimony of the defendant the effect of his personality The assistant called in i from a lar<;e retail fire-arm si - Bed positively that the i been purchased the d homicide. Flynn turned t- ■ whom he knew well, and era Guineas! Bought the day ;•■ : r ..11 the air of one who :. a -usably deceived. He - Can dido, who quailed before him. " How long do you want I gen tlemen?" inquired the court. minutes each be sufficient?" The distinguished Flyr- | deluge of oratory in which S • ! The Unwritten Law : another, neither yields client was a hero' The r true American, of every h -. father, must stamp his deed . in the eyes of the Ah not of censure but of tin honest men ami lovers risk of his own life he had preset tegrity of his home and the 1 i wife. At the same time he :. community of a villain. Never Stars and Stripes floated ab would an American jury on this consecrated by the blood of :' - need their lives to liberty, etc.— sided panting and mopping his : The assistant rose to reply. T ti<>n of the defendant that I self-defense was the last des] I a guilty man to escape the i f his horrible crime. Ofcours 3 own evidence was valueless. le.il calculating jealousy' That I > this awful act. The tell-tale : Montaro "s coot, the crimson ads I the defendant's wife, the pure] pistol — all spoke for themselves. ". cutor paused. "Sympathy is not for the assassin.'" hi C : "Think rather his innocent victim! ( h shores of Calabria sits a woman, old ai whom this Beppe is her joy. her pride, v. him by day working in the great America seas, and whose heart, as the time for th< t draws near and the exiles are coming '■ in the fields, will beat with e\ others will come. Father will meet da,. 1 mother will meet son. and they will : life in the great country of Free.! there will be no gladness — her Beppe i more." The assistant sank into his se.it. t Staring at him with wide eyes. II; COtO had been talking alnuit Calabria. Would he ever see it again? "Gentlemen of the jury," began his I will tirst define the various degrei manslaughter " The sun fell lower and lower over the T the Judge continued his charge. i ; uneasily in their chairs. Candido . interminable Mow of talk! Why .1 say what should be done to nil of motes swam in the sun. and with on his forearms he watched them idh always loved the sun. A warm lassil him. On Sundays lie had spent whole i curled up on a bench in Seward Part and the hamtnno beside him 1! danced about! He smiled drowsil; were so tiny as to be almost invisibk were really lar.^e it you half closed one j^ot near it seemed almost a> HutTy like a cat. Those little, tin) float out of nowhere into the batul .■: