Before the jury was
charged with coming to a decision as to the guilt or innocence of the accused,
the judge made some comments, designed to assist them in their deliberations:
“The duties of a
judge were defined by His Lordship in the preamble of his address, and he said
it was his duty to define the difference between murder and manslaughter.
Homicide, he said, was either culpable or inculpable; murder or manslaughter.
“ ‘Murder is homicide
when the person means to cause death or bodily harm to either one person or to
that person and accidentally kills another. Under the common law, murder is the
killing of a person with malice aforethought. All homicide is culpable unless
proven by the facts as being otherwise. It may be reduced to manslaughter if
the deed is done in the heat of passion, under provocation.’
“His Lordship then
went on to explain just what provocation meant. In the present case, the
prisoner was pleading self-defense. In reference to this, the judge explained
that any person was justified in using sufficient force to prevent an act that,
if committed, might cause the person to be arrested without warrant.
“ ‘The prisoner
admits firing a shot, and it is for you to satisfy yourself as to whether it
was the shot that killed Melano. We are not concerned about the quarrels
earlier in the day. There was evidently considerable drinking and scrapping
that was childish, and you know the mere fact that you have had a quarrel with
a man does not justify you in later on killing him. Now, to get down to the
critical point. In the first place, the prisoner came into the room in a state
of dishabille, and then returned to dress. Up till then he had no right to kill
George Gheri. Later he went out and returned and said good night to all. Up to
then there was a great deal of contradictory evidence, and you have to decide
between the prisoner’s version and that of the others.’
“His Lordship went
into the story told by the prisoner, referring to George Gheri following him to
his room; the getting of the revolver, and the shot – not to kill – but to
scare.
“ ‘Now, did the
prisoner go to the room? Did George follow him? If the prisoner’s story is
correct, Gheri was out of sight of the other witnesses. He was in his room, and
you don’t know whether he was threatened or not. But, if Gheri did not follow
him and the prisoner walked into the dining-room and shot at Gheri without any provocation
and killed Melano, then you must decide. You must weigh carefully all the
evidence submitted by the witnesses on this point. We must not shrink from
doing our duty from any morbid or false sense of pity. If you think the
evidence not sufficient against, then you should acquit him. If, on the
contrary, you think he is guilty without justification, you should find him
guilty of murder. If you think the deed was done without malice, or if there
was provocation, then you might reduce the charge to manslaughter.
“In concluding, he
reminded the jurors that they were the judges, and it was for them to decide on
the evidence. If necessary, they were to ask for evidence from the official
reporter.
“His concluding words
were : ‘If George Gheri did not give the prisoner justification for his deed,
then what mitigation was there? It is for you to decide.’ ” 1
1 “Three Day
Murder Trial Ended”
Hamilton Times. January 25, 1915.
The jury took only 25
minutes to come to a decision. When they came back into the main court room, it
was Daniel Skelly, who had been chosen as chairman of the jury, who announced
that the jury had agreed upon a verdict of manslaughter.
It was then said that
the prisoner would return to court in a few days for sentencing.
The Monday after the
verdict was announced, the Hamilton Times published an extensive article
detailing what it termed the ‘career of the crime” of Russini:
“He is only 25 years
of age now, yet romance and tragedy have played an important part in the
history of his life.
“Hamilton was the
first place he took up residence in boarding with a foreign family in the east
end. He was twelve years old then, and was one of the noisiest newsboys on the
corner of King and James streets. What little education he had was gained while
in sunny Italy and on Hamilton streets. He never went to school here.
“Toronto next saw him
and the police maintain that from his nineteenth birthday, he has not done a
single tap of work. In Toronto the good, he was convicted of being in a house
of ill-repute. The charge read that he was the keeper, and had been making a
living that way.
“Then Hamilton saw
him again. Many will remember the story of Rose Bartlett, which was featured in
the papers three years ago, how she came out here from England, and had taken a
position as a domestic. Later, she was met by Russini, who, it was claimed,
took her to an empty house in the foreign section, and kept her there a
prisoner. Through a barred window, she managed to slip a note to a man who
helped her esacpe. Rose, however, went back again to Russini. Tired of her,
Russini took another foreigner’s wife to a sequestered nook. The husband
discovered where she had been taken, then went gunning for Russini. He was
walking along the street when he saw Russini and eight other Italians in a room
playing cards. Rushing home, he procured a shot gun and fired into the crowded
room, loading the gun up and discharging it again before he was stopped.
“Then came the time
when Russini left Rose altogether. The police were notified that a woman was in
a boarding house freezing to death. They hurried down, and in a vacant room
found Rose on a filthy bed. The temperature was below zero, and she not only was
almost destitute of clothes, but there was no fire in the room. A lace curtain
had been pulled about her. She was in an unconscious condition. She had
apparently been locked in the room and left to die.
“Russini next
answered in the police court on the charge of having stabbed a friend. The
affair took place in the back yard of his boarding house, knives were used by
both he and the injured man. Result, Russini was given a year in prison.
“In London, he was
charged with manslaughter; he, having shot and killed one of the foreigners of
that city. He served a term for this this. It was a case of another gun fight.
“Later, he had some
trouble at Port McNichol – blackmail was mentioned.
“At Christmas,
Sdolcini came into Russini’s life. It was told at the court house this morning
that Russini sent to Italy for a girl, under a nefarious arrangement with a
Toronto Italian. Russini was arrested, and the other man is now on his way from
Italy with the girl.
“When arrested,
Russini was a broken man. He had hardly any clothes and no money. Governor
Ogilvie stated this morning that the prisoner had been given a complete outfit
of clothing by Interpreter Taylor who took pity on him.”2
2 “Career of
Crime of Young Italian : Story of Russini’s Life”
Hamilton Times. January 27, 1915.
Russini was back in
the Hamilton Court Room on January 27, 1915, when Sir William Mulock handed
down the sentence for the manslaughter conviction:
“The prisoner stood
in the dock with the same stolid look that had been noticed throughout his
three day trial, and when sentence had been passed, sat down without a
perceptible show of emotion”2
No Other Punishment
Would Fit His life of Crime”
Hamilon Times. January 29, 1915
The sentence was accompanied
with a fifteen minute lecture:
“His Lordship
lectured the prisoner in a manner that was more than severe. In part, he said: ‘The
jury took a lenient view of your case when it returned a verdict of
manslaughter. There is no doubt but that you fired the shot that killed Melano.
When you did that you were perfectly sober and acted directly against the
advice of your friend, the boarding house keeper. Instead of waiting for
trouble, you went after it. You have led a life of crime from your youth up.
You have been convicted before of shooting and cutting and wounding your fellow
men.
“” ‘I have given your
case careful consideration, and it, indeed, gives one great sorrow to have to
pass sentence on you. Several days have passed since your conviction on the
manslaughter charge and no one has intervened on your behalf. Since your imprisonment,
your custodians have had nothing good to say of you. There is only one thing to
do with you and that is to place you somewhere where you cannot murder you
fellow men. Therefore, I sentence you to imprisonment for the remainder of your
life.’ ” 2
The Spectator
reporter in the court room was watching Russini closely when his sentence was
delivered:
“Ruffino showed not
the slightest emotion when sentence was pronounced upon him. He listened with
curled lip to the court’s arraignment of him and maintained the same surly and
scornful attitude he has borne throughout the trial. His jailers say he has
been a most intractable prisoner and consider him a dangerous man.
“His trial has shown
clearly the dangers which exist in the
Italian colony of this city, with its drinking bouts in unlicensed houses and
murderous rows.”3
3 “Life Term
For Italian Who Shot Melini”
Hamilton
Spectator. January 29, 1915
Russini (so-called in
the Times, but called Ruffino in the Spectator) had nothing to say in the court
room, except to demand a cigarette as he was being led away.
In a post-script, the
Times reporter learned that Russini had a huge roll of cash when he arrived in
Hamilton from London, but had lost all of it during several days of gambling.
It was learned also
learned that Russini was part of a wider criminal organization:
Àt the Court House
this morning, it was announced that Russini is a member of a strong secret
organization and when the shooting affair occurred and he was taken prisoner,
the news was flashed to Buffalo, the headquarters of the gang. $650 was raised for
him and sent to Hamilton to two members here here. It is said that as soon as
the money was received, the men departed, leaving Russini to his fate
`Several Italians
were of the opinion that the organization woud send men on the trail of the
thieves, and that if they were caught – well, a shrug of the shoulders was very
expressive.`` 4
4 `Stole
Money Intended for Russini Defence`
Hamilton Times.
January 29, 1915
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