1914-01 Italians in Court

Two very different cases were brought up before Hamilton’s courts early in January 1914

Both cases were different in the severity of the crime being considered, but both cases involved members of the city’s Italian community.

The first case involved a charge brought forward by Emlio Escarparan, an east end grocer. While on delivery, the grocer discovered that a package of macaroni had been taken from his wagon.

The grocer immediately visited the boarding houses in the area at which a number of Italian immigrants lived. He was informed by several boarders at one particular house that the Italian delicacy had been removed by one of their fellow countrymen, Ackman Sigmanoff.

The grocer then secured a warrant for Sigmanoff’s arrest:

“When the constable went to the prisoner’s boarding house to get him, he told him to bring the macaroni with him and the man went into the kitchen and produced a small pail containing some. He did not understand that he was being arrested however, and thought that the policeman wanted it to eat.

“This morning it turned out that he had ordered the stuff at the store, and seeing it in the wagon, which was standing in front of his boarding house, thought it was for him and took it.

“He was discharged.”¹

“Thought It His Very Own : Italian Took Macaroni Out of a Wagon : Landed in Cells”

Hamilton Spectator. January 3, 1914¹

The other case involving a member of Hamilton’s Italian community was not before the police magistrate but before Judge Snider at the criminal court.

Thomas De Berardini was charged with assaulting, cutting and wounding a fellow countryman, A. Grasanti on December 2. The charge arose out of what the Herald termed “a fight at a foreign dance.”²

² “Wanted the Truth : Judge Snider’s Hunt Was as Hard as That of Diogenes” 

Hamilton Herald.   January 6, 1914.

The stabbing affray took place in a boarding house where a dance was taking place. Several individuals took part in the altercation and the judge faced a welter of conflicting testimony as to who was involved and in particular who wielded the knife that serious injured Grassanti.

Finally, Judge Snider dismissed the case but issued a stern warning to the Italians who had testified under oath in the trial:

“ ‘I will say this, that while the evidence may appear insufficient, I have no doubt in my own mind that several of the witnesses are lying deliberately,’ said his honor. “And for that reason I am going to order that Mr. Washington shall refuse them witness fees. Mr. Washington do not give witness fees to Grattoit, Benedetto and Tonucci Angenio.’

“ ‘And I am going to ask Mr. Taylor, the court interpreter,” continued Judge Snider, ‘to inform these men that they must behave themselves in future or they will find themselves within the clutches of the law. If they come before me, I will send them down for the full limit allowed for the offense. They might think they can get away with this sort of thing in their own country, but they must be made to understand that the use of knives in this country is absolutely forbidden. They seem to use knives more as a pastime than anything.’ ”²

² “Judge Sounds Warning Note to Italians : Thought Witnesses Lied and Refused Them Fees : Failed to Secure Conviction in Assault Case : Missionary Says Clique Controls Foreigners”

Hamilton Spectator. January 6, 1914.

Before dismissing the prisoner, Berardini, due to insufficient evidence to convict, Crown Attorney Washington asked Judge Snider to also warn all the Italians present in the court room to not retaliate against the assault victim :

“Mr. Washington said he had heard on good authority that the prisoner, when he was allowed out on bail, decked himself in a big wreath, with a huge flag as background, went to the home of the complainant and guyed him.”²

The crown attorney also vented his frustration at the failure of many of the subpoenaed witness to appear :

“ ‘ You can take it from me that I am just about tired of this evading of the law. The first time an opportunity presents itself, one of these foreigners is going to get a good taste of Canadian law for failure to attend when called upon.’ ” ²

Court Interpreter Taylor, who also is a missionary among the Italian colony, told a Spectator reporter, that the majority of Italians laugh at the Canadian law:

“ ‘Why, they take our law as a joke,’ said Taylor. If they were home and refused to attend on a court summons, they would be clapped into jail so quickly that their heads would be steaming. Over here, they know they can get away with it, and they never worry about it.’ ”²

Finally, the court interpreter said that he believed that the entire Italian colony in Hamilton was under the rule of what he called “a certain clique of Italians who come from Montreal:”

“Something ought to be done to drive this clique out of town. They are a menace to the community.’ ”²