One of the most famous murder trials in the anthracite coal region in the late 1880s and early 1890s, took place at Sunbury, Northumberland County, Pennsylvania, in February 1889. On December 15, 1888, in Shamokin, a murder took place. The man who was charged with the killing, Pietro Seccarra, an Italian-born miner, had been laid off from his mining job by the Italian-born contractor, Albert Sabella, who instead kept another worker employed, Italian-born Dominick Fanara. Fanara was killed by a pistol shot allegedly fired by Seccarra.
At the trial witnesses testified in their native languages – Italian and German, as well as English. Court interpreters had to handle the various Italian dialects that entered into the mix (Italians didn’t understand what some of the other Italians were saying). For one couple who ran a boarding house, the man testified in English, but spoke Italian, and the woman testified in German. Despite the obstacles, the trial went forward and in the end, a verdict was reached – which seemed more of a compromise among the jurors than a unanimously agreed-upon decision.
Pietro Seccarra was found guilty of murder in the second degree, and despite the fact that the jury recommended mercy, he was sentenced to the maximum of 12 years in solitary confinement at the Eastern Penitentiary in Philadelphia.
The epilogue(s) in the story began as the trial was ending. (1) A boy who supposedly witnessed Seccarra shoot Famaro, was located in Wilkes-Barre, too late to testify in the trial; (2) Later in the year 1889, Canova, who was the chief witness for the prosecution, was beaten nearly to death in front of his home, supposedly by friends of Seccarra, but that was never proven; (3) Seccarra, less than one year into serving his 12-year sentence, committed suicide at the Eastern Penitentiary in Philadelphia.
After the trial, there was an attempt in every case of violence between Italian workers to link the acts to the supporters of either Seccarra or those who testified against him.
And, for the labor contractor, Albert Sabella, who was responsible for bringing many of these men over from Italy to work as mine laborers – and the one who made the decision to cut Seccarra’s hours, he met his fate in the Lytle Mine Disaster of April 21, 1892, when he and ten other men drowned in that tragedy.
The story is told here through the available newspapers found on Newspapers.com.
Note: Spellings of the names of the Italians sometimes changed several times in one news article.
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From the Northumberland County Democrat, December 21, 1888:
MURDER AT SHAMOKIN
ONE ITALIAN SHOOTS ANOTHER NEAR MULLEN’S FACTORY
The Quarrel Caused by One of the Men Being Laid Off from Work at the Hickory Ridge Colliery
It looks as if we were going to have a hanging in Northumberland County.
On Saturday night a fatal quarrel occurred at Shamokin which resulted in the death of an Italian named Dominick Famaro. Dominick worked with another son of sunny Italy, Lewis Canova, in a breast in the Hickory Swamp, a few miles from Shamokin. He was a very handsome man, tall, well-built, and a first-class workman. Pietro Seccarra, another Italian, also worked at the same quarry, and work being slack, Seccarra was put off for a few days by the boss, while Dominick, who was the better workman of the two, was kept on. On Saturday they paid at Shamokin and as usual the town was full of life and whiskey. The three Italians came from their boarding house at the Hickory Swamp into Shamokin in the early evening and went to a boarding house on Spurzheim Street kept by another Italian. Pietro had several glasses of beer and began to act in a very ugly manner. He threatened to shoot the boss of the colliery for laying him off, and then said he would shoot Dominick for having his place in the mines. He also threatened the man who owned the boarding house. After some discussion he was coaxed out on the street, and the door kicked. He then proceeded to kick in the door and to pacify him the keeper of the house brought him in and gave him his supper. He continued to make threats, however, and behaved so ugly that the master of the house slipped down to the Squire’s office to procure a warrant for his arrest. While he was gone the trio, Seccarra, Canova and Famaro, started down street. When they arrived in front of Mullen’s Founry, not a hundred yards from the main street of Shamokin, the quarrel between Seccarra and Famaro broke out afresh and Seccarra drew his revolver. Canova stared to run as soon as he saw the pistol. Mrs. Jacob Harris, who lives across the street, saw in the bright moonlight a man draw a pistol and, holding it close to another man’s face, fire. A number of people heard the shot but paid no attention to it. Mrs. Harris gave the alarm and in a short time a crowd gathered. The ball entered the man’s neck, which he evidentally threw back as the shot was fired; it passed upwards breaking the jaw bone, carrying away two of the lower teeth and passed out the mouth, but the fatal work had been done as the bullet in its upward course had severed the jugular vein and dominick’s life blood was staining the ground. In twenty minutes he was dead, and as the person who kept his boarding house refused to receive the body, it was taken to Undertaker Campton. In the pockets of his pantaloons was found a curious Italian revolver. It was a six shooter with one chamber empty; the cartridge has a small cap on top and is not sold in this country. There was also some money and several letters.
THE MURDERER
As soon as the murder was committed Pietro ran down the street for a block and then turned and walked up the railroad track back almost to the scene of the murder. He was seen by several parties, and two Italians met him and he turned back with them up the railroad track. Just before the meeting the two men had met Canova, who said to them, “Pietro is doing some very dirty work.” The men were afraid to go home with Pietro, because they had some money with them, so they turned and left him, they going back to the town.
THE ARREST
On Sunday afternoon, Officer Harry Reese swore out a warrant before Squire Erdman and went out to Hickory Swamp and arrested Pietro. He is a young man of twenty-eight years, well built, with a dark mustache and a complexion of his countrymen. His dark hair hangs in thick ringlets down to his collar, his eyes are steel gray, small and piercing. He made no resistance to Officer Reese and on Monday was given a hearing. He could not talk English and nothing was drawn from him. Canova, the witness, was also examined, but he said he was too drunk to remember anything about the affair.
BROUGHT TO JAIL
On Monday morning there was quite a gathering at the station to see the murderer brought to Sunbury. Officer Reese had Pietro and Canova handcuffed together, the latter being held as a witness. he is a much smaller man than Pietro and occasionally would speak to the latter in Italian. When near the jail they stopped and Canova taking a bottle of whiskey from his pocket gave his companion a drink. He then emptied the bottle and threw it away. At the jail Warden Moore met them and assigned them to separate cells, Officer Reese releasing them from their cuffs. Neither spoke a word. Pietro had been searched by Reese but nothing was found on his person. It is the theory that after shooting the man he grabbed him as he was falling and placed the pistol in his pocket. It is a very large one, bigger than our horse pistols.
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From the Northumberland County Democrat, February 15, 1889:
THE TRIAL OVER – THE ITALIAN MURDER TROUBLE
THE EVIDENCE IN FULL – THE CASE GIVEN TO THE JURY
MRS. HARRIS SEES THE TRAGEDY – FROM HER WINDOW IN THE MOONLIGHT
THE DEFENSE A WEAK ONE – GOOD CHARACTER SHOWN FOR THE PRISONER
A Long, Tedious but Interesting Case.
The case of Peitro Saccarra for the murder of Dominick Fanarra created great interes in your courts. The jury was empaneled on Friday afternoon of last weeek and the case was turned over for their consideration at 6:30 on Thursday evening. We give the evidence in full, and through our enterprise our readers can judge the evidence as well as the jurors. The case was ably contested by the counsel. Lewis Dewart and P. A. Mahan, Esq., represented Commonwealth, while S. B. Boyer and J. W. Gillespie, the prisoner.
FRIDAY
At twenty minutes of three o’clock today Pietro Laccona was arraigned before court for the murder of Dominick Fanara. R. Frank Depillro was sworn as interpreter and defendant also had present A. Sgallini, Italian interpreter for the courts of Philadelphia. The prisoner is about six feet in height, back hair standing on end, olive complexion and is not a bad looking man, He has the mellow expression of the Italian sky and can’t understand a word of English. As the District Attorney read the indictment, it was interpreted to him in his native tongue. After its reading he said he would be tried by God and his country, and the solemn words “May God grant you a safe deliverance,” were the amen added by the Commonwealth representative. His cause will be ably looked after by S. B. Boyer, Esq., of Sunbury, and J. W. Gillespie, of Shamokin, while the Commonwealth’s interests will be upheld by District Attorney Mahan and Lewis Dewart, Esqs. There was not much difficulty in procuring an unprejudiced American jury to try our Italian friend, a jury that will deal as justly by him as though he were being tried ‘neath his own sunny sky. The second juror called, George Arnold, a blacksmith from Coal [Township], caused quite a legal wrangle by station, after he had been passed over to defendant’s counsel, that he knew nothing of the case except what the newspapers had said and he didn’t think that sufficient to convict. The defendant wanted him sworn and the commonwealth insisted on standing him aside. The Court decided the Commonwealth must either accept him or challenge him peremptorily, and the latter alternative was chosen. Two jurors of the fifty were opposed to capital punishment; eight had formed an opinion; three were hard of hearing, and one sick. These were all excused by the Court.
The twelve finally sworn were: William F. Kline, farmer, Snydertown; William Stout, huckster, Turbot; Harry A. Reed, machinist, Sunbury; William H. Vankirk, farmer, Chillisquaque; Harrison Ringler, agent, Milton; George Forrester, farmer, Upper Augusta [Township]; David Cooper, farmer, Upper Augusta [Township]; Isaac Fenstermacher, stock dealer, Lower Mahanoy; Wesley Auten, druggist, Sunbury; Charles Lesher, farmer, Point; Peter Yeager, carpenter, Ralpho [Township]; M. Pursel, clerk, Sunbury.
It was half past five when the last one was sworn and the Court then gave them careful instructions as to their conduct. They must be kept together, have no liquor sent to their room except for medicinal purposes, read no newspapers nor go home for clean shirts. They can go to church, but the preacher must be warned of their coming so he won’t preach a sermon for or against capital punishment.
SATURDAY
The first witness called in the murder case now on trial was John Campton, an undertaker from Shamokin. He testified that on the night of the 15th of December last [1888] he was called to the house of Mrs. Harris to take charge of body of deceased. They took him to Hickory Swamp, but were obliged to bring him back because the people with whom he boarded didn’t want to receive his body. He was then kept in undertaking establishment of witness until funeral. Witness examined his person and found a pocketbook containing seventeen dollars, which he habded over to Overseers of the Poor of Coal Township and afterwards receipted for to them for funeral expenses. Deceased also had a box with him containing a pair of shoes and underneath the string there were two huge cigars. He also thought that deceased had a pistol sticking in his right hand pants pocket with handle partly out; that it was 11 o’clock when he was called to house and body of deceased at that time indicated death had taken place but a short time previous. The pistol was a formidable looking piece of artillery, about a foot long and carries a ball large enough to knock down a brick house. Two of the chambers were empty. If prisoner used this source of a a krupp gun it’s no wonder the man who was shot departed this life promptly.
The next witness was an Italian named Joseph Chicka. He saw deceased about fifteen minutes after he was shot and then dead. He was at house of Bennartio Massa on the 15th; he boarded there and while they were eating supper Pietro Lacano, the prisoner, came it. Then Nicholas Pirocca came and deceased came in and later a brother of Nicholas Pirocco and Labella came in. Then came Lewis Conova with a bottle and he gave the men a drink. He then gave witness thirty cents and he brought two cans of beer containing about a drink a piece. The they raised thirty cents more after that and noen of them were drunk. The woman of the house would not let them get any more for fear they would raise a fuss in the house, because there was then some difficulty amongst them. Witness couldn’t understand what fuss was about because he is from Naples and the others speak a different dialect. The words he couldn’t understand, but when they began pulling out their guns, he knew something was up. Piero must have been mad or he wouldn’t have pulled out his revolver. He held it in his hand, and backed towards the street and when he got near the door he snapped it but it missed fire. The Massa put him out and deceased drew his revolver and followed him out. The Pietro went to the back door and they all ran to hold he door, which they did and Pietro then came to front door and came in, as deceasd left it open when he went out. When he came in he had his gun in his hand hangin by his side. The deceased then came in, but witness didn’t see his revolver at that time. Then witness went out right away to go to the Squire’s because he saw the revolver and wanted to get a warrant before there would be any more fuss. There was no constable there and after waiting about fifteen minutes he went back towards his boarding house. On the way back he met the two Peroccos near the corner of Shamokin Street. The three went up as far as the railroad crossing and met Lewis Conova near Tretter’s Saloon. They went in and had a glass of beer and then witness went back to Massa’s. The two brothers then stayed there with Conova and witness went home.
Mr. Boyer then took witness in hand and elicited from him the fact that he is from a different part of Italy from that where prisoner comes from and speaks a different dialect from him. Mrs. Massa and witness went to Squire’s office, as stated in chief, at about eight or half past eight o’clock, They were in the house five or six minutes when the constable came after them and they went to the Squire’s office again. When they came home this time the two brothers Perocco were at Massa’s house. It was then about then [sic] o’clock and they stayed there all night.
Then Bernardo Massa, the boarding house keeper, was called. He testified that Pietro came to his house first at about 4 o’clock dressed in his Sunday clothes. He had bee working under Sabella. He wasn’t there more than about five minutes and I asked him to eat something, but he said no, and went out. About 7 o’clock Nicholas Pirocco and the dead man came in. A little while after that John Pirocco and Sabella came in, think that was about 7 or 8 o’clock. Then Pietro Lacona, the prisoner, came in alone about 15 minutes after the last Pirocco came in. Lewis Canova came in last of all. Before Canova came in they all went out because Sabella and Pietro went and they were thinking there might be some trouble between them, so they all went out to see and there was a general adjournment to Tretter’s Saloon. Pietro and deceased were there and Pietro was all the while walking around the tables where they were sitting. They took a glass of beer apiece and were only there about five or ten minutes.
Q. Why did you all leave there?
A. They were always afraid that something might happen because Pietro called Sabella out and I thought that way myself. Then we went home and the who party went along except Sabella. Canova and Pietro came back to the house about 15 or 20 minutes after us. There are two rooms in my house, and Pietro and Canova came in the front room. They sent for beer twice and got 30 cents worth each time; there was a glass and a half apiece each time. Canova and Piero were talking and Canova got Pietro by the coat and wanted to put him out; don’t know what for, but Pietro told Canova to keep quiet. Then Nicholas Pirocco and Peitro spoke a few words and Pietro pulled out his revolver. I called him back and tried to hold him, I was afraid he might shoot; don’t know why he pulled it out; grabbed him by the hand and was asking him to go out and not raise any disturbances. Pietro was mad but he didn’t speak anything.
Q. What was he mad about?
A. He was jealous about this work, that he was discharged and he was inquiring all the time about Sabella. He didn’t speak about the work this night but before that he did. I pushed him out of the door and he went around and tried to come in the other door and he broke the latch, but didn’t get in there. When he went to the back door and said, Let me in or else I’ll fire at you. He said this from the outside. I wouldn’t let him in because I was afraid he would shoot me. He didn’t get in any mere that night. When he pulled out the revolver Canova and the dead man were beside the door holding the pistol towards the kitchen door and the dead man was next to that door. My wife was close to me and Pietro was close to her when he pulled the revolver out. When I saw it he was holding it out in this position (indicating in front of him) and I run and tried to get hold of it. At that time the pistol was pretty near touching my wife.
Q. Did you hear the pistol make any noise?
A. The confusion we were in I didn’t hear any. There was a good bit of confusion. Am not sure whether it was ten or after when they all left.
Mr. Boyer gave this witness a rigid cross examination and elicited some facts that fits the theory of the defense, perhaps, but I could not discover any change from his testimony in chief. There seems to be some mysterious connection in the prisoner’s case between deceased and the two brothers Pirocco. The cross examination ended as follows:
Q. Did the two brothers stay in the house until it was reported that the dead man was shot?
A. They didn’t know nothing about this affair when they went out the first time. When they went out the last time they had heard that this man was killed and they went out to see him. The last time they went out they went out to see the dead man.
Q. Was that the first time after they came in the house when you were alone that they went out?
A. It was the first time after they came home and found me alone that they went out to see the dead man, when they found me alone, the shooting was done then.
Mrs. Barbara Massa, the boarding house mistress, was the last witness of the day and was on the stand when court adjourned at 5:30. She detailed the story of the meeting of these men about the same as her husband had done. Also the adjournment to Trotter’s Saloon and coming back to boarding house. There was some loud talk when they came back, which witness could not undersand as she is German and gave her testimony in that language. But the deceased was sitting at the table and he retreated to the wall and stood along side the kitchen door when Pietro pulled his pistol out. He pointed the revolver along my side and I heard something snap, but I couldn’t tell whether it was the revolver or not. He pointed to the revolver in the direction of the dead man, but I couldn’t tell whether it was for him or agin the door. The me and my husband pushed him out of the door. Then he came back and pushed against the front door and broke the lock and came in two steps and we put him out again. He had the revolver in his hand and he went back to the back kitchen door and we went back and locked the door. He broke it open, but didn’t come in, he wasn’t at the house again night [sic]. That was about nine o’clock. Then Chicka went for the police and Lewis Canova and the dead man went out the back door and around the corner towards the railroad. After they went out my husband and the two brothers were in the house. The a couple of minutes after the dead man and Pietro went out the two brothers left the house and went in the direction of Shamokin Street. The dead man told Pietro at the back door before they went off that they should go home so they wouldn’t have any quarrel. After they all went out of the house I went and called Labella; he was in Hire’s house on the other side of the street. After I called Labella I went back and then they called on me to come back and see the man that was dead. After i came back from the dead man I went to the Squire’s office. The two brothers came back to my house. I can’t tell the time. The first time they said they wanted to go home and then I think they came back they stayed about three or four minutes and went to see the dead man. They were gone six or eight minutes and then they came back and stayed all night.
MONDAY
Mr. Mahon in his opening to the jury on Saturday alluded to a small boy, who on the night of the murder and after it was committed, said to Edward Brennan, “there goes the man who did the shooting, arrest him.” The Commonwealth is now anxious to find him to see upon what he based his information, but as yet he has not turned up and cannot be found.
Mr. Boyer moved the court in writing to order the Commonwealth counsel to furnish the name of aforesaid boy to counsel for defendant or be debarred from examining him. Of course as his name was not known it could not be furnished. If this little gamin is found he will have something of interest to disclose. The “Daily Dispatch” on Friday contained a little advertisement saying it would be to the interest of the boy who followed up the man who did the shooting to report at Brennan’s store. We shall watch for that small boy with considerable interest.
The cross examination of Mrs. Barbara Massa was continued his morning. It related simply to the details of the coming and going of the parties at Massa’s house and what occurred there. She evidently knows more of the quarrel than she cares to tell. She said that Laccona and the dead man didn’t talk together until they got outside. When asked whether there was any unpleasant words between prisoner and dead man before the former pulled out his revolver she said, “I don’t know, everything was in an uproar.” At another time she said that Pietro went out of the house first because he commenced the “streit” that was interpreted “quarrel” and this caused an uproar also and witness then said that there wasn’t much of a quarrel, but unpleasant or unfriendly words were used. She didn’t see anyone spit in prisoner’s face; thought she saw a revolver in the le mort’s hand, but everything was so sudden she couldn’t be sure. She had heard them talking about their work before that, but they didn’t quarrel about their work that night.
The Mr. Mahan took her in hand to examine her in chief. She said, “before Pietro drew the pistol he and I were alone in the kitchen and he said, “this company I don’t appreciate, there are four of them in, but I am not afraid of them.” I asked him why he was so angry and he said to me, “You don’t know everything.” Then he went to the kitchen door. Then I didn’t hear him say anything except to Canova, he took him by the coat and told him not to talk, that he (Pietro_ would do the talking. When Pietro came in he said he was hungry and my husband gave him something to eat.
The contractor under whom Pietro had been working was then called. His name is Albert Sabella, he talks pretty good English and is the most intelligent witness yet called. He testified, on the 15th of December I was driving a rock tunnel by contract for the Union Coal Company. Had in my employ at different times the two Pirocco brothers, Canova, the deceased, and prisoner. The colliery quit work on the first of December last. At that time I had the two Piroccos, the deceased, and Pietro working for me. I discharged Canova before the colliery stopped and then when it stopped I discharged the prisoner and his cousin and kept the two Pirocco brothers and the dead man. The first one I discharged was Canova, the next one was John Greona. Then the colliery stopped, when it stopped I discharged the prisoner and his cousin. Can’t tell what his cousin’s name is. I kept the Pirocco brothers and the dead man. I employed Pietro before I employed I employed the deceased. The 15th of December was pay day at the colliery and I came to Shamokin at about 5 o’clock, the two brothers and the dead man were with me. We went down to draw our pay. We all four together went to buy a pair of shoes. Then John Pirocco had to go to the watch maker to have his watch fixed and the dead man wanted to buy a necktie. Then we talked to see where we would meet, and I said the first ones that got through should go to Massa’s house and we would meet them and go home together. Then I went with John to get the watch and Nicholas and the dead man to buy the necktie and they got to Massa’s first. I think John Pirocco and I got to Massa’s house about half past seven.
MONDAY AFTERNOON
The court room was packed with spectators. When court was called Albert Sabella was on the stand and was examined by Mr. Dewart. He said:
After John and I got to the house the prisoner came there alone. When Pietro came there Nicholas Pirocco asked him to drink a glass. He said he didn’t drink glass. The Nicholas said I don’t want you to drink a class but the beer that is in the glass. Then Pietro looked mad. I asked him if there was any mistake in the pay. He said no, “you are just the one I want to talk to, come out.” He worked for me in November and his pay day was the 15th of December. I went out the door with him and when we were out he wanted to know what was the reason I discharged him and kept the others who came to work for men and left him idle. Then I told him if I was in his place I wouldn’t ask any more what was the reason I left him idle. I told him the bigger part of the reason was this: I don’t say you stole my hammer, but the hammer is in your house anyhow and the people told me that I saw it there. The jumper and stell I lost I can’t say you took, but the hammer is there. Then he said he would work no more for me. He said, “this is fifteen days I have lost on your account and I am going to get revenge or get it paid some now.” Then he asked me to go with him to get a glass of beer. We had a glass and then Canova came in. Then he started again to know about the work. I had paid him one price, then raised him and then dropped down to the same pay I gave him before. Canova said that wasn’t right, Pietro was a good man to work. Then the crowd from the house came in. Then one of the Piroccos came in and told me to come over where they were, he wanted to talk to me. So I went over there and we all went to Massa’s but I didn’t go in. I went to Hires’ house right across the street. I didn’t go in because I was afraid Pietro would come back and there would be trouble. Before this, on the 5th of December, we were keeping holiday at Hickory Ridge and about 12 o’clock some one went out and Pietro stood there shaking with the cold. Some one asked him to come in and he said, “I don’t want to brake up your company.” Then they took him out a glass of beer and he came in and saw me. He just looked at me that way (indicating) and took the door and walked out. When the dance was over I went out and he came over and saw me and he said, “here you are.” I says, “yes I am here.” He had his hand in his pocket. I said, “you are cold you could keep your hands in your pocket so much.” Then he put his hand up and I didn’t know whether he had a revolver or not, and I caught him by the arm and throwed it over. Then we went in and fastened the door. That night down in Shamokin when he called me out he said to me, “you will never come any more and put your hand on mine when I get in my pocket. I don’t know what happened that you didn’t get two bullets through your breast.”
Q. Were you afraid of him that night at Massa’s?
A. I am not so glad to be with him. I would sooner be further from him than in his company. The witness then detailed the circumstances of their walk to Massa’s with prisoner. They each had a revolver and were ready to go into action at a moment’s notice. Each had their hand on their gun and insisted on walking side by side, neither caring to walk ahead of the other. The witness was cross examined at some length by Mr. Boyer, but nothing new was elicited from him. He said when he went over to Hines’ he and the Mrs. sat in the front room and that he was not in bed when called by Mrs. Massa.
Nicholas Pirocco was then examined by Mr. Dewart on behalf of the Commonwealth. He detailed the meeting of the party at Massa’s the same as the other witnesses. When Pietro came there he said he was hungry and was given something to eat. While eating, witness, Canova and the dead man was talking in the front room. Pietro then got up and struck the table with his fist and said, “if you have anything to say come over here and say it.” Then Canova got him by the coat and said, “what do you think to come over here and strike the table with your fist.” Then Canova wanted him outside and then Pietro put his hand on Canova’s breast and made him sit down. He then said to Canova, “you ought to excuse me, because bad work might come out to all of us.” Pietro then turned to me and said, “what are you interfering for, why do you talk to me? I have balls a job did harder than you’s.” I said, “I was not talking to you.” Then he said, “I told you twice about this discharging business,” and he said “some one was going to suffer — pay for it.” Then he pulled his revolver out, and when I saw it, I run in the other room, Then I was in the kitchen until he went. I heard the noise and rumpus. I was looking out a crack in the door watching Massa put him out. I was thinking he might shoot over where I was; he had a revolver in his hand. There was no noise or disturbance until Pietro came there, and then it commenced right away; Pietro started it; he was mad about his discharge. Whenever he would see me he was always trying to say somethig to pick a fuss. He also treated Massa badly, and my brother the same way. Sabella was the man he was looking for, because he suspended him from his work, and the dead man was the newest man he had and Pietro was the oldest and he discharged him, keeping the dead man. That was the reason he was looking after Sabella, because he kept the dead man and discharged him. Pietro, Canova and the dead man left Massa’s and in about ten minutes after they left my brother and I left. We came out of a door that opens on Spurzheim Street and walked out to the corner of Spurzheim and Shamokin Street. When we got to the corner we heard a shot. Then we came out on Shamokin Street and met Joseph Chicka on the east side of the street, before we got to this creek; he was coming home from the Squire’s office. Then we asked Chicka to go along with us and get a glass of beer. He turned around and went with us and when we got near the tin store, near the corner of Independence and Shamokin Streets, we et Lewis Canova; he was standing about four feet from the sore. Ledwis was coming out the railroad track and we were coming up this way. Then we went up Independence Street until we were near Joe Stank’s and we met Pietro coming down the street with a crowd. He was the tallest of the whole crowd, it was a light night and I know it was him. There were four or five American people with hm and I couldn’t tell who they were. They brought him towards Shamokin Street and me and my brother stopped a while and then came back to Massa’s. We didn’t follow Pietro; we came back the same way we went; can’t tell just what time I hear of the shooting, a quarter after ten, half past or eleven. I was in Massa’s house when I heard he was dead.
John Pirocco, the other of the men who all through the trial have been called the “two brothers,” was then sworn. Like all the rest of the witnesses, except Mrs. Massa, he gave his testimony in Italian. Some of the oft repeated preliminaries were skipped in his testimony. He detailed the story of following Pietro and Sabella to Tretter’s saloon and —– —–. After we got back to Massa’s house Pietro came there and Lewis Canova was with him. Pietro asked for something to eat and then kicked up a rumpus. There was no difficulty until he came there and then the row commenced right away. It was about this work. He said he wasn’t the man who should have been suspended; that he was one of the oldest hands.
Q. Who was the fuss and trouble with?
A. It was with everybody that was there, myself, my brother, the dead man and all. He was jealous of everybody, he didn’t know who exactly. He went a picked a fuss with all of them, it was through jealousy because he was suspended. I tried to make him behave himself and not raise a fuss, but he says, “I am suspended and I’m going to make somebody suffer for my suspension,” he says, “I am going to see where the thing is going to end.” Lewis, the dead man, my brother and I were talking in the front room and Pietro got up and hit his fist on the table two or three times and says, “if you have anything to say come out and say it to me.” Then my brother said, “I am not talking to you, I’m talking to Lewis.” Then he was always talking and he had his hand in the inside beast pocket of his coat. Then I went out in the kitchen when he came in the other room and I didn’t see him when he had his pistol out; I stayed in the kitchen until Massa put his out; I didn’t want to go and look at it because I was afraid he might shoot through the door. After Massa put him out the front door into the street Pietro came back and tried to push the door in and broke the latch on the frame. Massa held the door and after Pietro saw he couldn’t get in the front door he went around to the back door and he broke that door too the same as he had broken the front door. Pietro did not get in any more. Two or three minutes after Pietro went out my brother and I went out. When we went out of the house we went on Spurzheim to Shamokin Street and then went up Shamokin Street. I seen the other party from the window that they went towards Franklin Street. Then my brother and I went on our way to go home on Shamokin Street and we met Chika on this street. Then up further we found Lewis Canova near the railroad on Shamokin Street, the corner of Independence and Shamokin. Then we went up Independence Street on our way going home. Then we met Pietro and four, five or six with him; I didn’t count them. They were going down Independence Street towards Shamokin and we met them between Sana Weyna’s and Joe Stank’s. After we saw them we walked four or five steps and then turn around and came back. They took Pietro down to Shamokin, but I didn’t pay any attention to which way they were taking him.
At this point court adjourned to 9 a. m. Tuesday.
The jury are having a very nice time as near as I can learn.
Mr. Tipstave Tregallis has procured a full set of gospel-hymns without the music and Harry Reed sings to the jurors makin up the time as he goes along. Several of his fellow yeoman were melted to tears, and now the singing is stopped and the services arfe confined to preaching by Bill Vankirk.
The solemn looking woman sitting beside the prisoner is his sister, Mrs. Michael Marietta. She may prove his mascot, but she has the appearance of just bursting into tears all the time. The only emotion exhibited by the prisoner is an occasional scratching of his palm by his fore finger as he sits with his hands carelessly folded across his knee. I never saw a face so utterly devoid of emotion or expression. To look at him one would say he hadn’t vim enough to kick up a row.
TUESDAY
The enterprising editor of the Daily suggested last evening that we get up our court proceedings for the rest of this trial in city style. Commence them each morning about the sun rising in the west and gilding the morning dome with the bright rays of his fairy brush. It’s a good idea but it will cause endless confusion to start with the sun rising in the west. I can’t help that everything must be sacrificed to news. So here goes: Some three hours after the sun had brightly risen in the west the prisoner was again brought in the court securely handcuffed and looking first-rate. The worry and fatigue of undergoing the painful suspense and anxiety of being tried for his life does not seem to interfere with his appetite or spoil his digestion. His sister, with the sweet devotion peculiar to her sex, sits beside him, comforts him and watches with beautiful resignation and patience the weaving of the web that may entangle her brothers and swing him into the far, far away.
It must even be trying to sit in the criminal dock but what must be the feelings of one being tried for his life. I imagine him sitting with his face towards the sunlighted hills, the arm and genial rays of Old Sol streaming through the window, proclaiming all the world bright and peaceful and asking us to be happy, and then contemplating the awful work of the executioner as he coldly wraps the twine around one’s neck, adjusting the knot just under the left ear in careful position to dislocate the vertebrae.
We all have something to be thankful for except a man so situated. After John Pirocco was cross examined at some length and had sworn with some Italian vehemence at Mr. Boyer, esq., J. H. Davidson was called. He simply testified to the information lodged by Mr. Chicka in order to corroborate him. After Chika was sworn first time he came back in about twenty minutes. Had not found constable yet. When Chicka came second time he told me of the shooting. The warrant was issued but not placed in constable’s hands that evening.
Mrs. Julia Heier, who represents the romantic side of the case, was then called. She testified to seeing Pietro at Massa’s house in the afternoon with three fellows with him and she said he was all the time watching around her for some one and said something she couldn’t understand. Then he went away and at half past three about, when Massa came home, he was there again; he staid three or four minutes and went away. Albert Sabella came to my house and remained there until Mrs. Massa called him, that was right after the shooting, about half past ten. I saw Dominick Fanara (deceased), Lewis Canova and Pietro Laconna come out of the house on to Spurzheim Street and then go north on Franklin. Then the Pirocce brothers came out, went west on Spurzheim to Shamokin street. That was about ten o’clock and Albert Sabella left our house at about half past ten. Mrs. Massa came and knocked at the window and said, “Come down, there is a man shot,” and we went out the. on cross examination witness said her husband was not at home; that when she wwent to the window she had on a calico dress and not a white night gown.
Herman Schlegel was next sworn. On the night of the 15th of December, he said, I was at my boarding house on Franklin Street; it was a beautiful, clear, moonlight night and I heard the report of a pistol at about 10 o’clock. As quick as I head the report of the pistol the cry of a man came to me and I threw my window up and leaned out. I only noticed two men standing at the point where the man was shot and one of the men began to reel and halloo, “help, help,” and call for a policeman. By that time it raised and excitement and this other man started and run across the trestling on Shamokin Street. Then he run up that street about 150 years towards the dirt bank and I watched him until he got out of sight. He had on a sack coat and stood about six feet high and was a well proportioned man.
Then occurred a little legal controversy over the question, “how did the man you saw running away compare in size with the prisoner?”
The defendant objected because witness could only give a description of the man and let the jury make the comparison. The objection was overruled and the witness answered that he had never seen the prisoner on his feet. Then he was requested to stand up but his counsel objected and the Court refused to compel prisoner to do so. Witness had a good view of him as he was only about seventy-five feet away.
The — who actually saw the shooting as far as now appears, and he name is Mrs. Mary Harris. On the night of the 15th of December I was living on Franklin Street, and I heard the report of a pistol during that night; I was standing at the window at the time. When I heard the report I called my husband; he got up and I turned and looked out the window again. When I first looked out the window I saw one man shooting another, then I saw the man who did the shooting walk away from the one who was shot. The man that was shot stood just for a mement and then he hallooed, “murder, I am shot, I am shot.” He said this in English. Then he hallooed a couple of tims for the police. After he was shot he stood just for a moment and then turned around and walked about ten yards from the place he was shot. Then he walked about rthree yards toward the creek and there he kind of staggered and was falling and my husband and several gentlemen caught him. She then explained from the map the course the murderer ran and that she lost sight of him about where Hayden’s stable stood. I saw the parties before the shot was fired, they were standing close together quarreling; don’t know for sure they were quarreling, but they were talking loud —- —– ——- —— run right up to the other one, close to him, they were about as far apart as from me to the reporter (four feet) and held the revolver to him and shot him. The man who did the shooting had on dark clothes, a sack coat and a round slouch hat; he was about the size of the prisoner.
Q. Can you now identify the prisoner as the man who did the shooting?
A. I can if you make him walk across the court house.
Then the Commonwealth’s counsel again asked prisoner to stand up, but his counsel objected and the Court said he could not compel a man to give evidence against himself.
The hat the man wore was like the hat the prisoner wears now, only it looked as if it was dinged in the crown; suppose I was about as far as to the end of the court room (seventy-five feet) from the men who when the shooting took place; it was a very bright night; I saw the flash of the pistol; from the time he pulled the pistol and ran towards the other man the other man didn’t do anything; the man that was shot kind of leaned himself backwards, threw himself back to back out. Think the shooting occurred about fifteen minutes after ten.
Mrs. Mary Ann Schlegel was then sworn. On the night of the 15th of December I heard the report of a pistol; thought first it was a signal cap and then concluded the report was too heavy; then someone hallooed there was a man shot and I turned and ran to the front door. Some one said it was my son Reuby and then I run towards the man man that was shot, and while I was running towards him I saw another one running up towards the dirt bank; just gave him a glance and went on to dead man; heard deceased say, “Oh! Oh!” when I was going towards him, but when I got there he couldn’t speak any more.
Jacob Harris, husband of witness, who saw the shooting, testified. On the night of December 15th, I was sitting on the chair asleep; my wife called to me,” “Jake, there is a man shot out here,” and then I went out and helped carry him in. He had a box of shoes under his right arm when we brought him in and laid him down on the floor. He lived about twenty-five minutes after we carried him in the house.
Witness shown paste board shoe box in evidence.
I believe was a box like this he had under his arm. He had it this way (indicating by placing box closely under shoulder and pressed flat-ways between arm and side); saw pistol in his right hand pocket, it stuck out about two inches; think it came out some when we were carrying him in; didn’t see revolver until we got him in the house.
Jeremiah Ebert said he came out after a bucket of coal about a quarter after ten and he heard a shot. I run down by the foundry and saw a man coming from towards the foundry; didn’t know whether it was the man who was shot or the dead man, so I stayed back a little. I was afraid I might get a ball myself. Another man came up and took hold of him, then I took hold of him. He was kind of going aound in a ring when I took hold of him. He fell down in our arms and we held him up from the ground. Heard him hallo before I took hold of him but I don’t know what he said. We carried him into Mr. Harris’ house. He had a box under his right arm when we took hold of him; don’t know whether it had shoes in it or not. He spoke something to me and this other fellow, but what he said I don’t know. I went away and came back a few minutes afterwards and Dr. Raker was there then.
The county coroner, Dr. Raker, was then sworn. Suppose it was a little after ten when I got to house of Mr. Harris; deceased was lying on the floor dead; found he had been shot with a ball from a pistol or revolver, in my opinion, and it had taken effect on the right side of his neck. The ball entered about an inch and a half or two inches above the collar bone and took an upward direction. It didn’t strike anything but went right up along the neck. I didn’t probe for the ball at that time, but did at the post mortem examination. I took a revolver out of his pocket that looked something like this one in evidence; took it because room was crowded and was afraid some one might kick against it and cause another accident. Later I put it back again. It was in his right hand pants pocket. We held the post mortem on Sunday, the day following the shooting; held it in Campbell’s undertaking establishment assisted by Dr. Hollenbach. When we first came there we probed for the ball and found an upward course. We tried to locate it and made an incision. We finally traced the ball by probing for it and found it took an upward course up the neck, thinking it had gone in towards the spine and changed the course of the ball and we started to cut and see which course it really did take. We found it went right up his neck and came out his mouth. It must have been a pretty good sized ball judging by the opening; it struck exterior jugular vein and severed that in its course up the neck; causing death. After we had located the ball, in our opinion, the District Attorney was not satisfied and we took off the cranium, examined the brain and found everything perfectly healthy.
Q. Was there anything to show that the ball came out of the mouth?
A. Yes, sir; the course the ball took from the entrance. The course the ball took by having his head bent back would have been in a straight line and it took a straight course in our opinion. The canine and first bicuspid teeth were out and one had a sharp edge on it as if it might have been broken off by the blow. And, there was a distinct blue line on the upper lip and faint blue line on the lower lip. The one on upper lip corresponded with the broken teeth; wouldn’t want to say the ball broke any of the teeth but the first bicuspid had rather sharp edges.
Dr. Hollenbach was afterwards examined and testified to same state of facts as Dr. Raker, so we do not give his testimony. Of course both physicians swore the pistol wound caused the death. After Dr. Raker was called court adjourned and then Mrs. Harris was recalled, and she testified as follows:
Q. How did the man hold his head at whom the pistol was pointed?
A. Kind of backwards.
Q. Did you see the prisoner on the way to jail and back since court adjourned?
A. Yes, sir.
Q. How does he compare in point of size and dress with the man who fired the shot?
A. He looks to me like the man that done the shooting, from the back.
On cross examination witness was asked, When this man and another was brought to you for identification in front of your house didn’t you then and there say that neither of these two men is the man who fired the shot?
A. No, sir.
Mrs. Massa was recalled and testified to conversation with Pietro at her house on night of shooting. She said, Pietro told me that this man that was shot came to work after he did and that he was retained while he (Pietro), one of the older hands, was discharged. He was cross when he said that. Then one of the men on the —– —— —– —– he said he wouldn’t drink, he didn’t like their company. He said there are four of them in there, but I am not afraid of them. She was then asked what she told the dead man when he left her house, for the purpose of showing she warned the dead man before he left the house against the prisoner as to his danger. Of course the Court ruled the proposed testimony out.
Kimber Fox said, I was railroading for the P & R [Philadelphia and Reading] on the night of December 15th, and while near Friendship Hose House, at about 10 o’clock, heard a shot fired; stood across the north and south bound track; had two lanterns in my hand. It was a moonlight night. After I heard the shot I run down to the bridge and when I got there there was a man running up along the creek between the creek and the coal bank. He had on a brown short sack coat and a little round hat and was probably about six feet tall. I stood there a little longer and there was some one came down along the creek; don’t know whether it was some man or not. He came down again and came over on the bridge about three feet from where I stood. He walked up to another fellow that stood there, not quite as tall as he was, with a black overcoat on, and said something to him. He then came down along the creek on Shamokin Street, —– —– —– shop and that was the last I saw of him. He ran pretty rapidly; couldn’t say whether he went between timber piles or not. I had a good look at the man and the prisoner is the man as near as I can tell.
Then Edward Brennan, who had the conversation with missing small boy, was called. I was at O’Connor’s and some one said a man had been shot. Francis Colbreaker was there and I asked him to go along to see who was shot. We went up and got about half way across the bridge and saw the two men coming down. About the time we got across the bridge they turned over and there was a small boy running behind them and he said, “Oh, misters arrest —-.”
By Mr. Boyer. – Don’t say what the boy said.
When we got to the railroad we met Haley and I said to get an officer, those are the two men that shot the man. We followed them up and they tried to get into Joe Stank, but he was locked up, and when they got a little above Pearl Street, Ruffing arrested them and we brought them back to Harris’ house. They were a large man and small man; I think I could identify the small man, they call him Louis; don’t know his last name; saw him in jail since I came here. When we got to Harris’ we couldn’t get in. We asked if the railroader was there that said these were the men and we couldn’t find anybody to identify them, I said there is no use in keeping the men, we can’t do anything with them, we have done all we can; we better leave them go. By that time a man by the name of James Ramsey came up and said he knew them. Then Ruffing gave them over to him to take them home and they started away with him.
Francis Colbraker, the man who was with Mr. Brennan, was then called and corroborated Mrs. Brennan in every particular. His testimony being of same effect as former witness is omitted.
Frederick Gable on the night of the murder was sitting in a club room over Mrs. Mahan’s office. His attention was called to the shooting by Mr. Fay saying, “Listen, did you hear that shot?” We listened and some one halloo, police. They then run down and the dead man was just being carried into Harris’. Witness went for a doctor but found none, he then ran right back and at the railroad crossing met Brennan and Colbraker and there was two men ahead of them. Brennan told witness to go for an officer as the men ahead were the ones who shot the man. He went to Vanderbilt, but found none there. On his way back he met Nick Ruffing and told him the men who shot the man had gone up the N. C. railroad. He then detailed the arrest of Pietro and Canova and the bringing of them back to Harris’ house. There some one said, “Oh, they didn’t do it, they look innocent.” Some one asked, “Does any one know them?” Jim Ramsey said he did, so they gave them to his charge to take home. Witness then testified as to surroundings of Mullen’s Foundry that there was nothing about there to obstruct the view.
William Fay was in the club house mentioned above with Gable. He heard the shot and ran out with the rest of the boys. his evidence contained but very little not in testimony of Gable and is therefore omitted.
James Ramsey then testified to taking the men home that were handed over to him by the officers, who had arrested Canova and Pietro. Pietro he could not recognize for sure, but knew Canova.
Harry Reese, the constable who is marked on the indictment as prosecutor, was then called and brought with him a short brown coat that he found at prisoner’s boarding house, a coat which corresponds with vest prisoner now wears. When he first went to arrest the prisoner he pulled this coat off the nail to put it on, but afterwards threw it on the floor. Harry then got a search warrant and went to the house of Marietta, where prisoner boarded, searching for something besides the coat, and Mrs. Marietta, prisoner’s sister, brought coat down from garret.
Bernard Massa was then called and testified that coat before him was the same one Pietro had on the night of the murder.
Albert Sabella being recalled testified that Fanara, the deceased, was an Italian from the same district in Italy as the prisoner comes from, and at time of shooting was from thirty-five to thirty-seven years of age.
At this time a wild looking individual came in the door, his hair all standing on end and a silver plated chain about two yards long tangled around his neck, with two heart shaped plates on it. His eyes were restless, a sty on one and a general expression of cussedness about him that sends an involuntary shudder up ones spinal column. He was returned with Pietro and information was lodged against them both for Fanara’s murder. His name is Louis Canova and when he was put on the stand the defendant’s counsel objected to his testimony on the ground that he was arrested and is now in jail for the same offence as that for which Pietro is now being tried. The Court had some doubt as to his competency as a witness and concluded to decide the question in the morning. Court then adjourned to 8:30 a. m. Wednesday.
WEDNESDAY
The interest in the trial of Pietro Laccona is greater than has been aroused by any murder trial in our courts for years. From four to five hundred people sit in the court room all day and listen to the unfolding of the story of the murder. The trial and conviction of Rizzolo at Wilkes-Barre has doubtlesly awakened additional interest in the trial of one of the same nationality here. There are always sad things connected with a murder trial and one of the saddest to me in this case was the attempt of the murered man to make himself understood as his life blood was running away. He had given the cry for help and as he was about falling to the ground help came and he sank into friendly arms. Then with his last breath he muttered something, but his language was strange to those about him, foreign to the country he had adopted as his hime. Perhaps it was a prayer, is to He who created his speech understood it all. It it was a message to some far off loved one, mother, father, sister, brother, it will never be delivered on earth. He had given the starting cries of murder! help! police! which was about all the english he could speak, and then with none of his countrymen about him, almost alone in a strange country, he was borne out on the tide to eternity’s shore.
The Court this morning overruled the objection to Canova’s testifying made by Mr. Boyer, holding that he was a competent witness for the Commonwealth even though he is a co-defendant, providing the trial is severed from that of the defendant against whom he is offered. The witness was then sworn and said he had been in this country five years, knows the parties in this case, was a Massa’s house on the 15th of December, but don’t know who went away with me, didn’t see that anybody was along until we got about 40 feet on Franklin Street. There were two people with me but I didn’t know who they were until I was pushed, as I was standing on the northwestern corner of the bridge; it was Pietro that pushed me. As he did so he said to me, “Get over there I want to give LeGross a punch; le mort was a large man; there was one along with Pietro, but I don’t know who; after he pushed me he went on past me and didn’t see them any more what direction they went; after he pushed me I went north on Shamokin Street and don’t remember anything any more until the police grasped me. After we were arrested Pietro and I were brought down to the Sunbury jail handcuffed together; then we were taken to Shamokin; on the way to Shamokin, Pietro told me he left me at Tretter’s corner drunk; Pietro said he was going in this saloon to see the rest of the fellows to go home with us and while at that door he heard the report of the pistol. When we got to Shamokin we were taken to the district Attorney’s office and were there three or four hours until the train came. While there I told Pietro that it was sad to see myself tied up in that way; everybody knows me in town and I haven’t done anything. He said, “Neither have I done anything.” Then I told Pietro, “I know well enough where I left you, the place where you pushed me and said you wanted to give LeGross a punch.” Then Pietro said, “You were drunk — —- —– —– anything about it.” Then we spoke about the work. Then Pietro and I took the train to some to Sunbury and on the way down he said, “everybody thinks it is like as if they were sure it was me that did it. I don’t know how it will go with me.” Then we got to a point and Pietro wanted to jump off the train, but I was tied to him and I says, “you run a risk of killing yourself if you jump off.” He says, “what difference does it make if I die now or after.” The we came to Sunbury and were taken to the jail and have been there ever since. On the 15th of January I was in Pietro’s cell. It was at night and he said, “hello, is that you, I thought you were sick.” Then I went in the cell. Then Pietro says, “I can’t know the reason you are in here.” I said, “may be they want to take us back to Shamokin again or have us examined by some lawyers.” He says, “no matter who comes we won’t speak to anybody except our lawyer.” I said, “if someone comes I must talk, because I am merely here as a witness.” He says, “yes but what would you have to say?” I said, “I wouldn’t say any more than I remember.” He says, “nobody can hurt you because you will get out anyhow, but who knows how it will go with me.” I said, “tell me who went out of Massa’s with us.” He said, “you, LeGross and I came out together and went towards the railroad.” I said, “a little ways after we came out of Massa’s house, I found myself that there were three of us.” He said, “yes, we were there and and this is the tough point, this LeGross left us.” Witness detailed the statement made before, of Pietro’s going to Tretter’s to see is his freinds were there and that he then heard the report of a pistol. Witness then said I asked him, “when yuou came out, where was I?” He says, “I left you and I didn’t see you any more. May be you were at that point where Pirocco met you.” The I asked him, “where did you find me?” He says, “I found you in company with come English people drinking liquor together and the English people were having trouble.” The Pietro asked me if I remembered anything about the thing. I said I didn’t remember nothing until the police caught me. That is all that day. I went there again on the 22nd of January at night and went into Piero’s cell. He said to me, “may be they sent you in here; there might be somebody outside to hear.” He wouldn’t say anything. Then I sat down on the bed. I said, “how bad it is to get me here two or three years in jail and besides I am as innocent as an angel.” He says, “hush, there is nobody in the world can do anything with you.” I said, “according to the talk outside some one says they are going to give me a couple of years.” He said, “they are saying this to scare you.” I told Pietro if he had anything on his conscience that he should tell his attorney all and may be he could work better. But before that he told me I was more afraid than he was. I said from most all the testimony they say it was you. But he says, “it wasn’t positive for some of them to blame it on you.” He say, “I am here and according to the testimony they will either hang me or else I’d get out entirely.” He says, “there are lots of witnesses to testify but there is only one I am afraid of.” I asked him, “who is this one witness?” He says, “it is a woman.” I asked him, “was that one of those women we seen in the mroning?” He said, “I don’t know. I didn’t pay any particular attention. It is one of those two that came here that night.” I told him that one woould do, becuse they wouldn’t believe him, they would believe the testimony. I told him when his attorney came he should tel the truth, nobody knows it any better than you do. He then said, “there is plenty of time to change my words.” I said, there is lots of time before the trial.” Then Pietro said, “I want to see all the testimony, I will be the last one anyhow and I want to see what all the testimony has got to say.” That was all that night. Then I went in to see him again on the 24th at night and went into his cell. He was there feeling sad about his father, he said, when he hears of this he will take it very hard. He said so would his sister and brother-in-law, that they used to lkie him well and he liked them. That was all he talked of that night about his folks when they would hear it how badly they would feel, and he was taking it to heart about them. I was in again on the 27th of January. I then told him it was a pretty long while we were staying in there, I wish the time of the trial would come soon. He said he didn’t know whether he would go to the trial or not. I says, “sure enough, you have t go, if you don’t want to they will make you come.” He says, “If they find me cold in my bed they can’t take me.” I said, of course, if he was cold he couldn’t come any more. He then said, “I am satisfied if my attorney would come up again, but I guess he won’t come any more.” He said, “I would like to change my words.” I told him that would be the best way to tell the truth.
(Witness shown a large knife.)
This is the knife Pietro had and he said, “I’ll cut my guts out or cut my neck.” I says, “That requires courage to do that,” and he replied, “there is lots of courage here.” Then he said, “or else I’ll open a vein in my arm and bleed to death;” that would save his sister and brother-in-law coming to the trial; they would hear that he was dead and that would be —-. I then asked him if the person who killed the man killed him for money or what. As soon as I said that he went this way (indicating by pushing one hands after the other hurriedly through his hair and stroking his mustache.) I said, I heard they found a revolver in the dead man’s clothes. He said, “No, they found the revolver in his pocket.” I then laid down and he walked up and down the cell pushing his fingers through his hair. He said, the whole world is talking about this, but none of them knows anyhing about it but myself, there is no one in the world knows it better than I do. I want to tell you the story just the way it happened and tell you the truth. You, LeGross and I left the house of Massa together and a little after that we drank some liquor together. You and I started to talk together, then went out, and while we were walking I turned around and we didn’t see you. He said he and LeGross stopped and Gross asked him, where is Canova, and Pietro told him he disn’t know and he said they didn;t see me any more. Then Gross says to me, “I heard you bought a revolver, let me see it?” At the same time I took this revolver out of my pocket and showed it to him and then turned around again to see if I could see you. After he examined the revolver he handed it back to me. He says it is a nice revolver, and when he was handing it back I laid down my hand and when I went to grab it with the other hand it was ready to fall. The other man tried to get hold of it and he caught hold of it in this way (indicated by interlocking his fingers together and pulling them quickly towards his stomach) and as he did so the revolver fired. Right after the shot was fired I skipped. Then I went about 9 or 10 yards and then I seen the dead man fall and when he fell the revolver fell to the ground too. Then I stooped down and got my own revolver —– —– —– where did he put the revolver? He said he throwed it away. I asked him where did he throw it, in the water? He said, Yes, I throwed it in the water. Then I asked him where did you find me when you came back? He said I found you all alone near the bowers. He said when he found me I told him, Peter, you have made a good shot. I said, why didn’t you tell this to your lawyer? He says, I’ll never come out any more, if I would ever come out again wome one would have to pay me very dear. They got me one time but they would never get hold of me again. He says, that night I met Sabella in that place it was a good job that you came in, if you wouldn’t have come in that night I was going to make Sabella pay for the day he made the mistake for, and for his discharging me, and the 50 cents that he reduced my wages. The he got talking about his lawyer, and wondered if he would come any more. I said I thought he would. Then he says, lawyers for me are no good, under American law, who ever kills gets killed; I think they will convict me to die. You can tell Pirocco’s to forgive me, that I never had anything against them, they thought I was mad at them, but I had nothing at all against them. he then handed me a ring and said take this to my sister and tell her to keep this to remember —– pocket book.) Then he handed me two dollars and I didn’t want to take them, but he said, take them, I have a little more for the time I am going to live. Then he said, tell my sister to have two or three masses read for me. I don’t care if I would die now, but I feel badly on account of my family, that is all. Afterwards Pietro came to my cell and I gave him the money back, but when I visited him again he made me take it. Then I sent the money back to him by Mr. Huber. This closed the witnesses story except a short cross-examination and then Mr. Huber was call and said he did carry the two dollars back to Pietro as stated.
James Nagle and Harry Reese were then called to explain the map a little more fully and the character of the surroundings of the place where the murder happened.
Albert Sabella and John Pirocco were also recalled and testified that the deceased always went by the name LeGross amoong their party; that he was large and powerful built man.
This closed the Commonwealth testimony and Mr. Gilespie opened for the defendant. The first witness called on his behalf was Thomas M. Ditty. He testified he heard the shooting and immediately thereafter heard a man running away; he run in a direction opposite to that stated by Commonwealth’s witnesses. On cross-examination stated he couldn’t swear it was a man, it might have been a woman. Mrs. Ditty testified to about same thing.
Charles Tretter, who keeps the place called by the witnesses the bowers, was next sworn and said he didn’t remember of seeing prisoner in his place the night of the shooting. Mrs. Massa was there and had a drink of wine.
Nicholas J. Ruffing, the officer who arrested Canova and Pietro the night of the shooting, then detailed their arrest and said quite emphatically that they did not resist. He took them to Harris’ house for identification. There were about twenty-five people there. I asked if anybody in the crowd who knew these men and I think it was Mrs. Harris, am not positive, but it was someone standing in Mrs. Harris’ door, and she said they are not the men. Two or three parties in the crowd said they are not the parties, they are innocent. Then James Ramsey said they are all right. I will take them home, and on that evidence I let them go. Am not sure it was Mrs. Harris that was standing in the door. Miss Mary Weyna said she went to Mrs. Harris’ house before man was carried in and there were not many people there then; it was about twenty-five minutes after he was carried in until it was said he was dead; during that time saw no person coming to or running away from ther or in any direction. On Cross-examination she said people might have run away from there about that point without my seeing them. Mrs. Tillie Krautz got over to Mrs. Harris’ before man was carried in; lots of people came running there; there were people running there from across the bridge towards Harris’ house.
The foreman of the inquest, R. F. Howard, said there was no witness before the inquest that said they could identify the man positively; don’t remember that Mr. Fox was before inquest.
Nineteen Italians were then called to prove witnesses’ good character for peace and quietness.
N. A. Jones was the last of the defendant’s witnesses and was called to show from the official record of the P. & R. road that the 9:45 train was on time on the evening of the murder. He said it passed the dispatcher’s office at 9:41; it was about a mile from there to depot and he supposed they used up that four minutes in getting there. On cross examination he said, record did not show what time it got to passenger station; that the four minutes to make up the 9:45 were a guess on the part of the despatcher. Of course their testimony was offered to contradict Kimber Fox, and after it was given the defendant rested. The Commonwealth recalled Kimber Fox who said that it was either the engineer or conductor that told him the train was from fifteen to twenty minutes late; he had no watch with him.
This ended the testimony and both parties closed at 5:05 p. m. and court adjourned to 8:45 a. m. Thursday.
THURSDAY
Court opened at 8:45 and Lewis Dewart, Esq., addressed the jury for two hours on the evidence of the case. J. W. Gillespie, Esq., followed for the prisoner and occupied the time of the court until the dinner hour. S. B. Boyer, Esq., then spoke for the prisoner and District Attorney Mahon closed for the Commonwealth.
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From the Northumberland County Democrat, February 22, 1889:
HANGING PLAYED OUT – THAT IS AS FAR AS THIS COUNTY IS CONCERNED
The Jury in the Murder Case Find the Prisoner Guilty
NOT OF MURDER IN THE FIRST DEGREE BUT THE SECOND
From Daily of Friday last.
The jury in the Italian murder case retired to their room on Thursday evening at 6:30. Judge Rockefeller’s charge occupied about an hour and a half and a prominent lawyer remarked at its conclusion that it was the most masterly one he ever delivered in the courts of this county. It was a perfect review of the law and the evidence in the cases and was listened to with marked attention by the jury and spectators. The prevailing opinion was that it was such a clear case that the jury would not be out over an hour, but as the time wore on the hour of eleven o’clock had almost arrived before there was any sign from the jury room and then they sent out Tipstave Slack to order their supper. Judge Rockefeller had instructed them that he would wait until eleven o’clock and if they agreed after that hour he would not take the verdict until morning. Just a minute before eleven the word was sent out that they had agreed. There was some trouble to hunt up Slack, who was off ordering the supper with the keys of the Court House in his pocket, but at last he was found and the bell rang forth its solemn notes. In a short time there was a crowd present. Sheriff Renn brought in the prisoner. He came in with a quick nervous walk and dropped in a chair beside his counsel with his hat on, then raised his shackled hands and removed his hat. His face was pale, but he kept his eyes on the judge never moving therm. Court was opened and Wesley Auten, the foreman of the jury, stepped forward and handed to Prothonotary Mann the sealed verdict. The judge read the paper carefully several times while his face expressed anything but pleasure. He spoke a few words to Mr. Mann when the latter arose and said: “Gentlemen of the jury, listen to the verdict as the Court has recorded it, you say you find the prisoner guilty of murder in the second degree and recommend him to the mercy of the Court.” The judge turned to the jury and said: “Gentlemen, you are discharged in this case.” and the famous murder trial was over.
THE SENTENCE
Judge Rockefeller called the prisoner before the bar and said that under the law he could not sentence him to labor, that the act was a mistake, for while a man could be sentenced to labor for twelve years for manslaughter he could not be for murder in the second degree. The Judge then said the prisoner in his opinion had been guilty of willful, deliberate, premeditated murder, and he would sentence him to the full extent of the law, twelve years in the Eastern Penitentiary in solitary confinement.
HOW THEY STOOD
When the jury went out they took a vote whether the man was murdered or met his death by accident and they stood seven to five in favor of murder. There was then a vast amount of promiscuous voting until they stood nine in favor of murder of first and second degree, to three against. Then came at last the give and take game, when they stood ten for murder in the second degree, one for acquittal, to one for first degree. Then came the proposition, murder in the second with a recommendation for mercy. This satisfied the man in favor of acquittal and the verdict was made up. The jury was a remarkable intelligent one, but the verdict was against the popular opinion as to what should have been done. Almost everybody thought the prisoner was guilty of murder in the first degree or nothing.
THURSDAY
Mr. Dewart opened the argument on the part of the Commonwealth this morning and spoke one hour and a half, going carefully over the evidence given to show the prisoner’s guilt. The motive he said was revenge because prisoner had been discharge while the dead man was retained by Sabella, the contractor, under whom they worked; that deceased was murdered in cold blood, and not in any quarrel, was evidenced by the fact that he held closely clasped under his right arm a shoe box, which remained there until the undertaker took it away; that defendant fired the fatal shot was evidenced by the fact that he was traced to the very spot; the shot that sent LeGross to his long home was seen fired by Mrs. Harris, and she thinks she recognizes defendant as the man. Kimber Fox also recognizes him and thinks he is the man he saw running away. Then prisoner’s confession to Canova makes it morally certain that he is the man that fired the fatal shot.
Mr. Gilespie, followed then for the defense. He pointed out the inconsistencies and contradictions in Commonwealth’s testimony, and thought there had been some tall lying.
Court then adjourned to 2 p. m. and Mr. Boyer closed defendant’s case in a carefully prepared two hours’ speech. He went over the testimony witness by witness. He said the Commonwealth was backed by Treasury of Northumberland County, while the prisoner was compelled to sent to his poor old father in Italy, who was willing to sell his goods and sent the money to America in order that his son might have a fair trial. He believed that the jury would find a doubt in their minds as to defendant’s guilt and that the good character he had shown would step in to make it a reasonable doubt and acquit the defendant. That there was no doubt in his mind that deceased came to his death in the manner detailed by Canova as stated by defendant and if any of prisoner’s testimony should be believed it should all be taken and the Commonwealth by bound by it.
Mr. Mahon then closed for the Commonwealth. He said that he had hoped the last year of his term as District Attorney would close without his being compelled to call upon a jury of his countrymen to find a fellow-man guilty of murder in the first degree. But where duty called, he must follow. If ever murderous malice found lodgment on earth it was in the heart of the prisoner; that defendant had intended to prove an alibi, but when Canova testimony was heard the whole course of the defense was changed. The prisoner by that confession had been shown to be guilty, for when he first began to plan a defense and state it to Canova, he said he was at Tretter’s when he heard the pistol shot. Later he found this wouldn’t do and he said the shooting occurred in an attempt save the pistol from falling. But again he said after the shooting occurred he skipped and throwed the pistol in the water.
The case was very ably managed by the District Attorney and his colleague, Lewis Dewart, Esq. The counsel for the defendant are also entitled to great credit.
The Court then gave the jury a lengthy, clear and able charge. I append, but a portion of it in order that all may understand the difference between murder in the first and second degree:
“He who uses upon the body of antoher at some vital part, with a manifest intent to use it upon, a deadly weapon, as an ax, a gun, a kfe or a pistol, must in the absence of qualifying facts be presumed to know that his blow or shot was likely to kill, and, knowning this, must be presumed to intend the death the death which is the ordinary consequence of such an act. He who uses a deadly weapon without sufficent cause of provocation must be presumed to do it wickedly or from a bad heart. Therefore he who takes the life of another with a deadly weapon, with a manifest design thus to use it upon him, with sufficient time to deliberate and fully form the conscious purpose of killing, is guilty of murder in the first degree. All murder not of the first degree is necessarily of the second degree and includes all unlawful killing under circumstances of depravity of heart, a disposition of mind regardless of social duty, but where no intention to kill exists or can be reasonably and fully inferred. Therefore in all cases of murder of no intention to kill can be inferred or collected from the circumstances the verdict must be murder in the second degree.
“The intention to kill is the essence of the offense. If the intention to kill existed it was willful. If this intention to kill was accompanied by such circumstances as evidenced a mind fully conscious of its own purpose and design, it was deliberate. If there was sufficient time to enable the mind fully to frame the design to kill and select the instrument, or form the plan to carry this design into execution it was deliberate.”
If this is a good law, and it doubtless is, the defendant was guilty of murder in the first degree or nothing. This too is the position taken by his counsel.
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From the Shamokin Dispatch, as re-printed in the Northumberland County Democrat, February 22, 1889:
THE MISSING LINK IN THE MURDER CASE FINALLY DISCOVERED
When it is too late the missing link in the murder trial just closed at Sunbury is found or his whereabouts located. The Shamokin Dispatch never gave up the search, and it had located the boy in Wilkes-Barre. His name is William Barrett, and he was in Shamokin on a visit at that time and left two or three days after the shooting. His story is that he was standing on the bridge and he saw the man shoot the other with what he called an “awful big gun,” and then he saw him run away. He hurried toward the man and was the person who told Mr. Brennan to arrest Seccarra.
He is about nineteen or twenty years of age but looks a great deal younger being small, with a smooth boyish face. It is likely that with his testimony Judge Rockefeller would not have had to say what should have been.
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From the Sunbury Weekly News, September 13, 1889:
The sequel to the murder of Dominick Phonare and the trial of Pietro Seccarro, came very near ending in the murder of the Commonwealth’s most important witness, Louis Konova, on Sunday night. He was enticed from his boarding house late last night by five men, who beat him into insensibility, and he ws left for dead. He recovered sufficiently on Monday morning to swear out a warrant for the arrest of his assailants.
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From the Sunbury Gazette & Northumberland County Republican, January 24, 1890:
SACARRA SUICIDES
Putting a Shoemaker’s Knife to Its Best Possible Use
Pietro Sacarra, murderer is dead. He kindly saved the State the expense of keeing him for the next eleven years by cutting his throat with a shoeaker’s knife, in the penitentiary at Philadelphia, on Saturday morning.
On the night of December 15, 1888, Sacarra, who was a cold-blooded villain, shot and killed Dominick Phonare, near Mullen’s Foundry, in Shamokin. Jealousy seemed to be the motive of the crime. The two had worked in a colliery and the murderer was discharged while the murdered was retained. On the night of the murder Sacarra, Phonare, John Perrica and David Perrica, and Louis Canova, were drinking at the house of Bernard Massa. The was the usual row which wound up with the murder.
Sacarra was captured , tried and convicted of murder in the second degree, with a recommendation of mercy. Judge Rockefeller gave him, the full extent of the law, twelve years in the Eastern Penitentiary and $1000 fine. Since the trial there has been bad blood between Sacarra’s friends and those who believed him guilty. Tony Passavant, who was a warm friend of the murderer, is now in jail for attempting to kill Joe Chickery, a witness for the prosecution at the trial. Once before at Mahanoy City he tried to kill him. Louis Canova, another witness, was also beaten and left for dead in front of his own door by a gang of the murderer’s friends. Numerous others have bee assaulted with murderous intent, and although none have so far been killed, it was not because such was not the intention.
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