After the testimony was in the counsel for the defense made an eloquent,
if rather bombastic plea. He turned more often to the desk of the
reporters than to the panel of jurymen. No one, he said, had given any
testimony which even remotely implicated Pietro, except the
grief-stricken and enraged Mrs. Casey. He made a peroration on the
vengeful traits of the Irish. He almost wept over the prospect of
eternal damnation which awaited Mrs. Casey’s soul on account of her
perjury. No reasonable man, he concluded, would condemn a fly on such
unreliable testimony.
The prosecutor commenced his summing up by referring to his position as
attorney for the people of the state of New York. He said that his able
opponent was technically called "The counsel for the defense," but that
in reality he himself more truly deserved that title. He was engaged
not in the defense of an individual offender, but in that of the whole
community of law abiding citizens. And in the pursuance of this most
serious function he could not allow his personal pity for the youthful
murderer to deflect him from his public duty.
He then gave a picturesque and blood curdling account of the Vendetta
and Mafia. He called the jury’s attention to the well known traditions
of vengeance and murder among the Italians.
As for Mrs. Sippio’s testimony—despite his high regard for the sanctity
of an oath—he could not find it in his heart to blame this mother who by
perjury was endangering bar own soul to save her son. He was more stern
in regard to the evidence of the boys. Their only excuse for perjury
was their youth. They were members of a desperate gang, of which Pietro
was the chief. They were corrupted by the false standards of loyalty to
their leader, so common among boys of the street.
The only testimony which deserved the serious attention of the jury was
that of Mrs. Casey—the estimable woman, who had seen her babe foully
murdered before her eyes. Her identification of Pietro had been
absolute.
"I am sorry," he ended, "for this boy, who, by so hideous a crime, has
ruined his life at the very outset. But you and I, gentlemen of the
jury, are bound by oath to consider only the cold facts. The judge may,
if he thinks it wise, be merciful in imposing sentence. But your sole
function is to discover truth. Here is a boy of fiery disposition and
revengeful race. He vowed vengeance. Some one must have thrown the
brick. No one else had the motive. Either the defendant is guilty as
charged in the indictment or the brick fell from heaven."
The law explicitly states that a person charged with crime, must be
given the benefit of any "reasonable doubt." In the face of the
manifestly conflicting testimony, I think every one in court was
surprised when the jury returned a verdict of "guilty."
Public-domain text, read in full here on John Shaqi.
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