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as well die to-day as tomorrow " After that toim * Amt gcuffle heard , and Tenaxzio suddenly cried out , as -if m pain , My God 1 my God ! " The mother and daughter screame ^ d for help , but by the time the neighbours had arrived with a hgjt , Iaji ^ i run off . Vsnanziq-: w found reeling to and iro , with blood pouring from several wounds , and in spite of . medical aid he dieiTin the course of a few hours . Almost immediately after the commission of the crime Lttigi was found by the gendarmes m the cottage of an uncle , and arrested on the spot . . , . , m ., These as far as I can learn from the very confused documents before me , are all the facts admitted without question , or , more strictly speaking-, which the Government states Jo have been unquestioned . Luigi was arrested on the night ot the murder . The evidence , such as it was , could be ascertained m twenty-four Hours , and yet the prisoner was never brought . to trial toll the 3 rd of May , 1858—that is , eighteen months afterwards . Onthat day Luigi Bonci was arraigned before the Civil and Criminal Court of Perugia , on tlie two counts of parricide , and of having- illegal weapons in his possession . The court was composed of the president , judge , assistant judge , and deputy judge of the district . These gentlemen ( all , I should state , lay officials ) were assisted by the public prosecutor / and the Government counsel for the defence . The course of proceedings is stated to have been as follows : Prayers were first offered up for the Divine guidance . The prisoner was introduced and identified ; the written depositions were read over ; a narrative of the facts was given by the president j the prisoner was called upon to reply to the chai'ges alleged against him ; the witnesses for the crown , and the prisoner were heard respectively ; the counsel for the prosecution called upon the court to condemn the prisoner , and was replied to by the counsel for the defence . The discussion was then declared closed , and after the judges had retired to delibera £ e their sentence was given . ' All the facts I have . been able to put together about the case are gathered from this sentence , and those of the courts of appeal . These sentences , however , are extremely lengthy , very indistinct , : uid encumbered , with a good deal of legal phraseology . ; As they are all ' -alike-, I propose to give an abstract of this present one as a specimen of all . The sentence begins with the following- moral remarks : ?' _ Frequent paternal admonitions , alleged scarcity of daily food ,, and the evil counsels of others , had alienated the heaifc of the prisoner to such aii extent , that feelings of affection and reverence towards his own father Venanzio had given place to contempt , ( lisobedienqe , ill-will , and even worse . No one , however , would have shppQsed that he was capable of becoming a parricide , as was too clearly proved on the fatal night in question . " After these . remarks , comes a narration of the facts , much in the words iii which I have given them . This is followed by a statement of the arguments for the prosecution and the defence , consisting of a number of verbose paragraphs , each beginning " Considering that etc . etc . " The case for the prosecution was clear enough . The medical evidence proved that the father died of the wounds received on the above-named night . The fact that the wounds were isiflicted by the prisoner was established by the evidence of his mother and sister , who overheard the quarrel between him and his father ; by his flight after commission of the crime ; by the discovery of a blood-stained knife dropped on the threshold ; by the deposition of the father before his death ; and lastly , by the confession of the prisoner himself , who admitted the crime , though under extenuating- circumstances . The fact that the sister never heard the knife open , although it had three clasps , was asserted to be evidence that the prisoner entered the room with his lcnife open , intending to commit the crime . This charge of inalice jpreperise was corroborated by the son ' s refusal to answer his father , by the insolence of his language , and by the number and vehemence of the stabs he inflicted . , . The prisoner ' s defence was also very simple . According- to his own story , he was half drunk at his return home . His father not only taunted and threatened him , but at last seijzed the door bar , and began knocking him about the head ; and then , maddened with pain and passion , -lie drew out a knife he had picked up on the road , und stabbed his father , hardly knowing what he did . On -tlio bare statement of tljp facts I should think this story riot im probable , jbut i » s no detail ' s whatever are given of the evidence on either Bide it is impossible to judge The court , at any rate , decided that there was no proof of the prisoner being drunk , and that the evidence of his father having struck him was of a suspicious character , " while , " they add , "it would be absurd and immoral to maintain that a "lather , whose rig-lit and duty it is to correct his children ( nnd indeed on this occasion correction was abundantly deserved by the insolent demeanour of Irciai ) could bo considered to provoke life son by a slight personal chastisement . " The son , however , was over oncanq-twenty ., a fnct to which no allusion is made . As ft forlorn hope , according tothestatomont of the sentpneo , the counsol for the defence asserted , that whatever the crime of the prisoner might bo it was not parricide , ftoin the simple fact that Luigi was not VEtfAWHio ' s son . The facts of the case appear to have been , that Mama Kosa . Rattistoni , being then unmarried , gave birth , in July , 1835 , to a son ,. who was the ' prisoner Luigu ; that shortly afterwards the Vicar of Gannara gave information to the Episcopal Court of Asuisi , that Mawa . Rosa hnd been seduced by VenXnjjio JBonci , and had h . ad an illegitimate child by him ; that , in consequence , a formal demand was addressed by the Court to Venankio , and that he acknowledged the paternity of the child , and expressed his readiness to pnayry the mother . The marriage was therefore solemnized , and the child entered in the church books as the legitimised son of " VjswanSjio " nnd " Mama BoKdi , " in Juno , 1830 . Against this strong
presumptive evidence of paternity , and the inference to be drawn from the child having been brought up and educated as Venanzio ' s son , there were only to be set alleged expressions of doubt on the father ' s part , as to his being really tlie father * and also certain confessions of the mother , to different patties , that Iahgi was not the child of her husband . All these confessions , however , it is asserted , Were proved to be subsequent in date to the son ' s arrest , and therefore probably made with a view to save his life . This plea is in consequence rejected . No defence was attempted to the second count . Both charges are ^ therefore , declared fully proved ; and as the punishment for parricide is public execution , and the penalty for having in one ' s possession ( a lighter offence by the way than using ) any forbidden weapon , consists of imprisonment from two to twelvemonths , and of a fine of from five to sixty scudi ; therefore the Court " condemns Ltjigi Bonci , for the first count , to Be publicly executed in Cannara , and to make compensation to the heirs of the murdered man , according to the valuation of the Civil Courts , and to . pay the costs of the trial ; and , on the second count , the Court considers the first three months of the incarceration the prisoner has already under gone to be sufficient punishment , coupled with afine of fivescudi and the loss of the weapon . " . , This summary will , I fear , give the reader too favourable an impression of the original sentence . In order to make the story at all intelligible , I have had to pick out my facts from a perfect labyrinth of sentences and parentheses . All I , or any one else , can . state , is that these seem to be the facts which seem to have been proved by the witnesses . What the character of the evidence was , or what was the respective credibility of the witnesses , or how far their assertions were borne out ' or contradicted by circumstantial proofs , are all matters on which ( though the whole character of the crime depends on them ) I can form no judgment . . This trial was concluded on the 3 rd of May , 1858 , and yet the above sentence , it appears , was not communicated to the prisoner tilt the 15 th of October in that year . When the formal announcement of the sentence was made , the prisoner declared his intention of appealing against its justice . By the Papal law every person condemned for a criminal offence has the right of appealing to the Supreme Pontifical Court . It is , therefore , needless to say that m . all cases where the prisoner is sentenced to death , an appeal is made on any ground , however trivial , as the condemned culprit cannot lose and may gain by this step . The practical and obvious objection to this unqualified power of appeal , is that the supreme clerical court is the real judge , r iot , the nominal lay court , which does little more than register the fact that the crime is proved primd facie . ,, ' On the 15 th February , 185 $ , after a delay of four months from the appeal , the Lower Court of the Supreme Tribunal of the Sacred College assembled in Rome to try the case of " Ltriei Bonoi . " The Court was composed of six " most illustrious arid reverend judges , all monsignori and all dignitaries Of the Church , assisted by a public prosecutor and counsel for the defence , attached to the Papal Exchequer . The course of proceedings appears to be much the same as in the inferior court , except that no witnesses save the prisoner were examined orally , and the whole evidence was given by written depositions . At last , haying first invoked the most sacred name of Goi ) , the Court pronounced their sentence . Ihis sentence is in great measure a recapitulation of the preceding one . There were either no new facts adduced , or none are alluded to . The grounds for the defence are the same as on the former occasion , namely , the provocation given by the father , and doubt as to the son ' s paternity . There were , in fact , two questions before the court . First , whether . the crime committed was murder or manslaughter ; and if it was murder , whether the murderer was or was not the son of the murdered man . Instead , however , ot facing either of these questions , the Court seems to enter upon considerations which , to . our notions , are entirely irrelevant . Iho degree to which paternal corrections can be carried without abuse , and the problem whether a man who kills a person whom ho believes and has reason to believe to be his father , but who is not so in fact , is guilty or not of the sin of parricide , seem rathev questions ^ for clerical casuistry than considerations which bear upon facts . The final conclusion drawn from all these reflections , is that the Court confirms the judgment of the Perugian tribunal in every respect . This decision of the Court with respect to the appeal is not communicated for two months more—that is , not till the 22 nd of April- ^ -to the prisoner , who at once appeals against the execution of the verdict to the upper court of the supremo tribunal . On the 13 th of May the case comes on for its third and last hearing . The court is again composed of sjx high clerical dignitaries , assisted by the same qmcwf counsel for the defence and prosecution as before . The same course of proceedings is adopted , except that the prisoner is not introduced into court or examined . Again , after invoking , the most hojy name of God , the tribunal pronounces , not its sentence , put its decision . This verdict alludes only to the two grounds on which the appeal is based . The first is the question of paternity , winch is . at once dismissed as being a matter of evidence which has been already decided . Tho second ground of appeal is a legal and technical one . Ahe do * fence appears to have pleadod that the whole trial was vitiated by the fact that the arrest was on illegal one . On both sides xt was ndmitted that the prisoner wns . arrested without a warrant , and not "inUagvante doliotu , " and that therefore the arrest was , s riot y speaking , illegal . Tho Court , however , decides that , though the prisoner was not taken in the act , yet his . giult was so manifest tliat the police wore justified in noting as if they had caughti I m per- , potrnting the crime ; while in offences of great ritrocity the
Untitled Article
Feb . 11 / i 860 . ] The Leaderand Saturday ' Analyst . 143
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Citation
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Leader (1850-1860), Feb. 11, 1860, page 143, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/vm2-ncseproduct2333/page/19/
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