sion of Evidence 11?} I... -
Charge to the dry—History
of the Crime 0; Maria.
NEW YORK, April 22. —-Word was re
ceived in this city from Albany today that
the court of appeals has reversed the judg-
ment of conviction for murder of the lower
court and ordered a new trial in the case
of Maria Barberi of this city, who is in
Sing Sing prison awaiting electrocution
for the murder of her betrayer.
This has tagger-V
esting crim nd
it has excl the attention and sympathy
of the whole nation for many months.
The court of appeals reversed the judg-
audit of the lower court both upon 11
‘ 1 car vidence a .
1 1 .1: the
‘ ,‘ pre' 1: oncu
‘ 6
When: she had sacr éficed everything,o Mari
Barberi sought satisfaction Apri126, 1895,
by killing the man who had wronged her.
The man she slow with one fierce slash
20 MJ- e l- aaico
°§£f 1s so
‘ 111111111111. 1
8 I! b‘IIIEEIIIIllilILjIE
,.
:1 /.
u'l' l
.'-.
MARIE BARBERI.
C t ldo tbl ith
wlaah" Ismailmv 1359151341369, WI ggi-mone
miserable month, during which he treated
her with the utmost brutality. I03!
Maya; 39110 sums-sass 111:1; thort,
dumpy an flat faced, without the slight-
est pretension to comeliness, lived with
her father and mother at 163 Mulberry
street until shewas persuaded by Cataldo
to live with him.
Maria wanted to gob down to othe city
hall and get married £3151 listed
that they should go ’2; first,
and that there won} nie for
marrying afterward.
Very reluctantly the girl, who had never
had an admirer before, consented, trusting
to Domenico to keep his Word. They went
to live in two little rooms on the upper
floor of a tenement at 424 East Tix “south
street.
1eiifllilé’3yil‘ 213311;.“ 21151111332813.1211?
tion of getting married, and when the girl
1321111111: 1111131111111 .1
finally
- threatened to kill her if she did not cease
tommgfim. (),,3 C 1~1r15‘1}2_‘) (I
The Last Straw.
She boys lithls;, ptil did itvv‘itted her
with her lac of goo looks and ‘told her
that he might have had the pick of all the
girls in Mulberry street, and that he only
took her for her money. Then she rebelled
vp Ies ,he mar i d her she
‘woiid ‘figgd? figgéan 11101111ng3 She told
him so when he left the house on the
11141ij {99 biodeath bathe oundlaughed
, in her face, brushed her roughly aside and
went out to spend her money in drink.
As the door closed behind him the now
maddened woman threw on her clothes,
slo palm (giggly, pniigr glicrf shawl, and ran
D Sta
t the door f a saloon at 428 East Thir-
mines a ‘paiisdd‘aridi then quickly
went in. The man she sought was playing
card r1 i at a a {and when
she 3 efigfédpt} Iii. "he 522th up and fol-
lowed her out, cursing her foully.
On the sidewalk she made one more ap-
peal to him, clutching the open razor be-
neath her shawl. cpl-col s i'oiily reply
was an path andh et mod to ié-enter the
851003. finial“). a had gone two paces the
woman leaped upon (him. Seizing him
by the hair with one hand, she wrenched
his head back and with the other drew
the razor with frightful force across his
throat from ear to car.
So swiftly was the stroke delivered that
the man had no chance to utter a cry.
With one hand clutching at the wound he
reeled across the street and fell into the
gutter, wherehdiiiedbwltliifi f'three min-
utes. - ,. .. .1”.
The wonfih’ @osbedtaw'dyl tha-blood stain- '
ed Weapon and in a moment was sur-
rounded by a throng of excited, Italians, to
whom she exultingiy declared that she had
killed Domepippngtglgloi, andthat she was
delighted at having done so. She sub-
mitted'flauiletlfl 141mm Jaoiiy admit-
ted that she had killed the man because
he had refused to marry her:
Maria Barberi was tried «during the fol-
lowing J u by gwfmh otgnprder in the
first degree ore coorder Got! in the
court of g .eraI sessions. ,
After a' W4 infinites' deliberation the
jury returned a verdict of guilty.
July 19 last Recorder Gof.’ pronounced
the death sentence.
The, Court’s Opinion.
Judge O’Brien’s opinion, in which all
the judges concur, contains 6,000 words.
After reviewing the history of the case he
says: , 1.1
The dglenakntgvu-gyguhtyihof murder in
the first degree unless the act was premedi-
tated, not only with the intent to kill, but also
with deliberation and premeditation.1f the
defendant inflicted the wound in a sudden
transpiit of passion, excited by what the de-
ceased ihen said and by the paceding events
which, rthe time, disturbed ‘her reasoning
faculties 1d deprived her of the capacity to
reflect, and while under the influence of some
sudden and uncontrollable emotion. excited by
the final culmination of her misfortunes, as
_ indicated by the train of events prior to that
time. the act did not constitute murder in the
first degree. The defendant had been deceived.
betrayed. disgraced and ruined, but it is not
certain that she formed the definite intention
to use the weapon until she heard the final re-
! Isal of the deceased to marry her.’ She fol-
lowed the deceased into the saloon where the
murder was committed to make a final appeal
to himrto extricate her from the position in
which he had placed her, and it' is evident that
she did not yet lose all hope, either by persua
—.1dvertise in the 61—211mm.
sion or threat. It was only after this hope was
one, after his final refusal, accompanied as iI
as by insulting and brutal imputations that
ight well have aroused the most violent pas
ions, that she struck the fatal blow.
gen at that moment, in consequence of what
said to her, and the final culmination of the
alleged wrongs of which she conceived herseli
to have been the victim, she became incapable
of reasoning or deliberating, the act, We think,
would not constitute murder in the first de-
xOne of the determinations of the jury was as
to whether her mind was in that condition. The
testimony that had any legitimate bearing on
that question, and to have the jury correctly
instructed by the court with respect to the
principle of law that governed the inquiry, the
condition of the defendant's mind was not to
be. ascertained solely from what took place in
the saloon at the time of the homicide. The
relation of. the parties which preceded the
homicide were competent for the consideration
of the jury, since they were connected with
,the tragedy and were of such a nature as to
‘produce a powerful influence upon the mind
when recalled at the moment that the defend-
ant heard the final refusal of the deceased to
marry her, expressed, as it was, in the most
insulting and provoking language.
We are convinced from careful examination
, of the record that there was a wide departure
from these principles in the conduct of the
trial. If she was entitled to give the full his-
tory of the relations between herspli' and the
deceased—and she certainly had that right—
she had likewise the $3M to produce the tee-
timony of disinteres witnesses to support
her testimony.
SUICIDE BEFORE PUBLICITY.
Jackson Had Run Ofl‘ With Another Alan's
Wife and Killed Himself. ‘
FRIEND, Neb., April 22.—L. C. Jack-
son, a leading business man of this place,
prosperous and with a wife and family,
disappeared two weeks ago. He secured
all the ready money he could, but laft his
family well provided for. Three days later
Mrs. E. W. Davis, wife of another business
man, also disappeared, taking with her
her little daughter, and the supposition
was that she had joined Jackson. Dav’rs,
the husband, declared he would hunt the
guilty pair and secure possession of his
child. The climax came today at Salt
Lake City. A private telegram from that
place announces the arrival of Davis, the
finding of his wife and daughter in Jack-
son ’s company and the further fact that
Jackson had committed suicide on being
apprehended. ,Davis and his wife are on
their way home, and the body of Jackson
will be shipped here for burial. Both fam-
ilies were prominent social leaders of the
town.
No Pension For Eakins.
ALBANY, April 22.—The court of tip
peals today affirmed the decision of the
lower court refusing ex-Police Captain
Eakins of New York a mandamus to com-
pel the police commissioners to put him
on the pension roll. The appellant asked
for a mandamus to compel the police
board of New York to grant him a pen-
sion on the ground that his time had ex
A Request For Russian Troops For Korea.
YOKOHAMA, April 22.——In connection
with the loan of $8, 000, 000 that Japan has
been negotiating for from Russia, giving
Hong- Yong, the northern province of
been instructed to request that Russian
troops be detailed to guard the Korean
palace, and that Russia appoint advisers
to the Korean government and military
instructors for'the Korean army.
The Armenian Atrocities.
Coxsrssrmorm, April 22. —-Authentic
information received here shOWs that the
Turkish prison at Marash is crowded with
Armenians, who are subjected to horrible
torture. A renewal of the massacres is
feared. The reserves and bashi bazouks
quartered at Zeitun are devastating the
lands of the Armenians. The police have
begun arresting Armenians again.
Circus Men Cause Trouble.
Hurcamsox, Kan, April 22.-—The re-
ported riot at St. John. was provoked by
folloWers of a circus, who, after swindling
several persons, resisted efforts to recover
the money. In the scrimmage the circus
crowd was pitted against the citizens.
The sheriff telegraphed to Governor Mor-
rill for assistance. Five men are reported
to have been badly hurt.
The Ohio Tornado.
FREMONT, 0., April 22.—In the tornado
which swept over the northwestern part
of Sandusky county, demolishing many
farm buildings, William Green was killed
outright. James Green, a son, lived just
across the road. His house was demolished,
and his wife was fatally injured. Their
infant was carried several hundred feet,
but was unharmed.
E. 0. VVolcott at Brussels.
BRUSSELS, Apiii 22.—The person who
is attending in a private capacity from the
United States the bimetallic conference
here, called with the view of paving the
way to international negotiations on the
subject, is E. O. Wolcott. He should not
be confounded with the United States
senator from Colorado.
General Lloyd Baldwin.
WILLIMARQIC. Conn. April 22.—Gen~
oral Lloyd Baldwin, aged 86, the oldest
the oldest past grand master of Connecti-
cut Odd Fellows, died of apoplexy today.
He was a native of Norwich, this state,
and was one of the most prominent men
in Connecticut. '
To Suppress Dueling.
BERLIN, April 22.-—Count von Bern-
storfi. Conservative. continued the debate
on the proposal to suppress dueling in the
reichstag today. He declared that his
party was confident that the government
would deal seriously with the question of
dueling.
The Bicycle Baggage Bill.
ALBANY, April 22,—Governor Morton
9 signed the bicycle baggage bill. The
railroads made a great effort to have the
bill recalled. Their attorneys declare the
bill unconstitutional and threaten to fight
its application in the courts.
Bourgeois Turned Down.
PARIS, April 22. —In spite of the protest
of the premier, M. Bourgeois. the senate
today adopted a motion to postpone the
vote on the Madagascar credits until a
cabinet is formed which enjoys the confi-
dence of both chambers.
Three Men Drowned.
CHARLESTON, W. Va, April 2g.—A skiff
containing nine men was overturned while
leaving the dock here. Three of the men
were drowned. They Were Henry Mahan,
Richard Dickinson (colored) and a white
man named Jordan. 1;.
lklin Coming Home. ,
LIVERPOOL, April 22.—The' steamship
Majestic, which leaves this port tomorrow
for New York, will take among her pal-
sengers Mr. and Mrs. C. Oliver Iselln. i
Advertise' in the Guerra!
efendant was entitled to the benefit of all ‘
plred two months previous to his removal.
Korea, as security. the Japanese envoy has f'
ex-brigadier general of the C. N. G. and “
'1‘ 11. '11 E v E N IN G GA 2 ET Tm
A Specimen Spanish Canard.
EAVANA, April 22.—Among the docu-
ments belonging to Lacret. the insurgent
leader. which have fallen into the hands
of the Spanish troops are, it is asserted,
orders to hang all planters who are now
grinding cane and all plateados or crim-
inals who steal, rob or murder and do not
deliver their booty into the hands of the
insurgents.
The Soldiers’ Home Scandal.
WASHINGTON, April 22.—-—The house
committee on military affairs today de-
cided to report a resolution authorizing
the speaker to appoint a committee of five
mismanagement of the Soldiers’ home at
Leavenworth, Kan, made by Represent-
ative Blue of that state.
Alcohol In the Arts.
WASHINGTON, ‘ April 22.—The senate
committee on finance today took favorable
action upon the bill providing for the re-
peal of section 61 of the Wilson tarifi act,
providing for the rebate or repayment of
internal revenue tax on alcohol used in
the arts or in medicinal compounds.
Pottery Manufacturers Meet.
PITTSBURG, April 22.—A meeting of
pottery manufacturers of the United States
is being held to discuss the formationof a
more compact organization and to devise
means to compete with the English and
German manufacturers.
The Pearl Bryan hiystery.
NEWPORT, Ky., April 22.—,The ”trial of
Scott Jackson for the murder of Pearl
Bryan began before Judge Helm today.
The courtroom was jammed. It now ap-
pears that the hearing of testimony may
begin tomorrow.-
l‘lailroad Bill Killed.
ALBAM'. April 22.—The Brackatt r1211-
rcad bill. giving the railroad commission
power to gram- or refuse street railways
pr.\'.leges oi I-Xteusicn, was practicals"
killed In the senate.
Fell So vet: ’I-five Feet.
TROY, 2:. L. :1.,.rii :0.—I~,lichael Ber-
rigan, a 511' 111's meson was instantly killed
yesteiduy 1;." falling from the new court.-
liouse building in this city, a distance 01
10 lost.
Killing
’a Pain
with narcotics intensifies the
disease while giving temporary
relief. Kidney troubles are
caused by congestion of the
parts affected.~ Backache is a
symptom of derangement. Rem:
edics that dcadcn pain do not
‘ remove the cause.
{Baker’s Kidney Pills
remove disease and inflamma-
tion. , Alcohol is an irritant;
plasters Will not aid Kidney dc-
tangemcntenarcotics —— opiates
-—_;:1-e injurious. ’Buker's Kid-
1; cy PI' 5 are safe and specific in
2111 Kidney and Urinary troubles.
Druggists sell them for 50 cents.
Book about K1 dney trouble,
":.ce
,Buktr Pill Cm, Bangor, 11' e.
P. H. DWYER.
DGII’T BE SIDE- TTAOKED.
ALTERATION SALE STILL 0N.
GIISTOMEIISALL SATISFIED.
SALES LAIIIiE.
' VERDIGTu-A SUGGESS.
Here are a few reasons :
HARNESS OILS.
34c quart were 750
I91; pint were 4530
Labels a. little Worn, torn, etc.
Oils are A No. 1 though,
Standard goods.
DUSTEIIS.
98:: were $1.50.
14c Were $1.25.
593 W1: re 1'51. 00.
38.; were 75
Lqu 111v useful for house, cal
liege s10 e 01 bain Aluays
11s. in flower so cheap.
I still drum upon those 39, 98 flag.
nesses. They re wo.th 11,
every cent.
- ~ .
s ‘ ‘3 c
'91 “a Q‘A
Also five drummers sampl es single
harness, \‘s ill go at $1 98,
Made to sell at double They
are a bargain, all now. Have
been carelessly handled.’
P. H. DWYER,
Cor. Knight and Wall Ste"?
NORWALK, cos ‘I.
Chilton Paint,
Every gallon of paint made by the
Chilton Mfg. Company is mixed and
ground in pure Linseed 011. All shades
are mixed and ground by machinery
seven times, making them uniform and
even. Compare the size of cans and
weight with the cheaper makes. You
get an honest gallon. Give it a trial and
you will be convinced.
H. H. WILLIAMS
l7 . Main ST.
members to investigate the charges of‘
IIIIIIEII 'FIILL' IIEIIIw-II
THiE BOSTON, STORE’S MONEY-SAVING sIL‘E
OF
New Spring Coeds. I
To-moriow Morning, Thursday, April 16, we place on sale
elreaes Vauu in Men's IInishingI
Ever offered in the United States. Every man
should attend this money-saving chance.
54 dozen of the celebrated “ Stanley” Shirts, all new, made of fine percaies, sold by all dealers. at $1.25, ’special
for this sale. 66 Cents each.
60 dozen Fancy Shirts, laundered, Collars and Cuffs attached, soft finish and French Domet Flannel, full size
and perfectfitting, 41 GEMS each.
30 dozen Men' s all wool white and gray Merino, spring weight Shirts an‘l Dsawers, sold by the best New York
houses at $1. 50, sale price 98 Cents each. 1 '
One Case Men’s gray Half Hose, extra fine, spring weight, worth 25c, at l2 [.2 cents per pair. 1
SILKS and DRESS GOODsh/
Largest Variety, Best Quality, Lowest Prices.
At 50 cents, All— wool Fancy Suitings, black figured Mohair. black Serges, black and colored
Henriettas; real value 75 Cents.
At 62% cents, 10 pieces Silk warp Henrietta, usually sold at $1.25.
At 69 C 6 “ts, 25 pieces figured black silk Tafl’etas, the proper thing for spring and summer wear.
worth 89 cents. _
3,000 yards colored silk Dresden effects. just the thing for fancy waists, 33 "per cent undervalue,
EEBOSTON'STOL,
NORW ALK.
New York. Office. 442 Broadway..
If not, call on .me and
Is your plate glass or safe insured?
I will write you a. policy in the Mutual Plate Glass and Safe Insur-
ance Cpmpany. Glass will break and burglars use dynamite.
In case cf Fire ,
You should be insured. A policy in the Reliance 01 Philadelphia;
Phoenix of Hartford; Scotland Union of Scotland; New Hampshire of =
Manchester; Rochester German of Rochester: United States and Pacific
of New _York; Security of New Hampshire or Granite State oi Ports-
mouth will protect you against the fire flood.
,e
.7 W. H.3YINGT@KI1
Real Estate and General Insurance,
.1 V noon 1. Gaza-run Dummies.
LOANSI'INEGOTIATED AND INVESTMENTS Mites.
IDCORRESPONDENCE SOL [fa/m
Norwalk Chronicler