The idler about the streets of Rome may, from time to time, catch
sight, on blank walls and dead corners, of long white strips of paper,
covered with close-printed lines of most uninviting looking type, and
headed with the Papal arms—the cross-keys and tiara. If,
being like myself afflicted with an inquisitive turn of mind, he takes
the trouble of deciphering these hieroglyphic documents, his labour
would not be altogether thrown away. Those straggling strips,
stuck up in out-of-the-way places, glanced at by a few idle passers-by,
and torn down by the prowling vagabonds of the streets after a day or
two for the sake of the paper, are the sole public records of justice
issued, or allowed to be issued, under the Pontifical government.
Trials are carried on here with closed doors; no spectators are admitted;
no reports of the proceedings are published.
In capital cases, however, after the execution of the criminal
has taken place a sort of Procès verbal of the case and
of the trial is placarded on the walls of the chief towns.
During the period of my stay at Rome there were three executions
in different parts of the Papal territory. Whether by accident
or by design I cannot say, but all these executions occurred within
a short period of each other, and, in consequence, three such statements
were issued almost at the same time by the Government. With considerable
difficulty I succeeded in obtaining copies of these statements, not,
I am bound to say, because there seemed to be any reluctance in furnishing
them, but because the fact of anybody wishing to obtain copies was so
unusual, that there was no preparation made for supplying them; and,
at last, I only succeeded in procuring them from a printer’s devil
to the Stanperia Apostolica. The facts narrated in them, and the
circumstances alluded to, seem to me to throw a strange light on the
administration of justice, and the daily life of this priest-ruled country.
It is as such that I wish to comment on them. In these statements,
be it remembered, there is no question of political or clerical bias.
The facts stated are
all facts, admitted by the authorities of their own free will and pleasure;
and if, as I think, these facts tell most unfavourably on the judicial
system of our clerical rulers, it is, at any rate, out of their own
mouths they are convicted. All, therefore, that I propose to do
is, having these official statements before me, to tell the stories
that they contain, as shortly and as clearly as I can, adding no comment
of my own but what is necessary to explain the facts in question.
Let me take first the case, which is entitled “Cannara contro
Luigi Bonci;” the township of Cannara, where the crime was committed,
being what we should call in a civil suit the plaintiff, and the accused
Bonci the defendant.
Some three years ago, then, there lived in the hamlet of Cannara,
near Perugia, a family called Bonci. They belonged to the peasant
class, and were poor, even among the Papal peasantry. The family
consisted of the father and mother, and of their son and daughter, both
grown up. Between the father and son there had long been ill-blood.
The cause of this want of family harmony is but indistinctly stated,
but apparently it was due to the irregular habits of the son, and to
the severity of the father; while all this domestic misery was rendered
doubly bitter by the almost abject want of the household. On the
night of November the 9th, 1856, Venanzio Bonci, the father, Maria Rosa,
his wife, and their daughter, Caterina, were at supper in the miserable
room, which formed the whole of their dwelling, waiting for the return
of the son, Luigi,
who had been absent ever since the morning. There had been frequent
quarrels before between father and son about Luigi’s stopping
out late, and now it was past midnight. There was no light in
the room except a faint flicker from the embers, and the feeble glimmering
of the starlight which entered through the open windows. A noise
was heard in the stable underneath the room, and the father, thinking
it was the son, called out three or four times, but got no answer.
A few minutes after Luigi entered without the lantern, which he had
left below in the stable, and although his sister bade him good night
he made no reply. As he entered the room his father called to
him, “A fine time of night to come home.” “What
then?” was the only answer given by Luigi. “You have
never been home since morning,” went on the father. “What
then?” was still the only answer. The father then told the
son to hold his tongue, and again received the same reply. At
last Venanzio, losing his temper, called out, “Be quiet, or I’ll
break your head;” or, according to the story, “I’ll
murder you:” to which Luigi only answered, “I may as well
die to-day as to-morrow.” After that there was a short scuffle
heard, and Venanzio suddenly
cried out as if in pain, “My God! my God!” The mother
and daughter screamed for help, but by the time the neighbours had come
in with lights, Luigi had run off. Venanzio was found reeling
to and fro, with blood pouring from several wounds, and, in spite of
medical aid, he died in the course of a few hours. Almost immediately
after the commission of the crime Luigi was found by the gendarmes in
the cottage of an uncle, and arrested on the spot.
These, as far as I can learn from the very confused documents before
me, are all the facts admitted without question; or, more strictly speaking,
which the Government states to have been unquestioned. Luigi was
arrested on the night of the murder. Such small evidence as there
was could have been ascertained in twenty-four hours, and yet the prisoner
was never brought to trial till the 3rd of May, 1858; that is, eighteen
months afterwards. On that day Luigi Bonci was arraigned before
the civil and criminal court of Perugia, on the two counts of parricide,
and of having illegal arms in his possession. The Court was composed
of the President, Judge, Assistant Judge, and Deputy Judge of the district.
These gentlemen (all, I should state, lay officials) were assisted
by the public prosecutor and the Government counsel for the defence.
The course of proceedings is stated to have been as follows: prayers
were first offered up for the Divine guidance, the prisoner was introduced
and identified, the written depositions were read over, a narrative
of the facts was given by the president, the prisoner was called upon
to reply to the charges alleged against him, the witnesses for the crown
and for the prisoner were heard respectively, the counsel for the prosecution
called upon the court to condemn the prisoner, and was replied to by
the counsel for the defence; the discussion was then declared closed,
and after the judges had retired and deliberated, their sentence was
given.
All the facts I have been able to put together about the case are
gathered from this sentence and from those of the courts of appeal.
These sentences, however, are extremely lengthy, very indistinct, and
encumbered with a great deal of legal phraseology. As they are
all alike I may as well give an abstract of this one as a specimen of
all. The sentence begins with the following moral remarks: “Frequent
paternal admonitions, alleged scarcity of daily food, and the evil counsels
of others, had alienated the heart of the prisoner
to such an extent, that feelings of affection and reverence towards
his own father, Venanzio, had given place to contempt, disobedience,
ill-will, and even worse.” No one, however, would have supposed
that he “was capable of becoming a parricide, as was too clearly
proved on the fatal night in question.” After these preliminary
reflections comes a narration of the facts much in the words in which
I have given them. This is followed by a statement of the arguments
for the prosecution and for the defence, consisting of a number of verbose
paragraphs, each beginning, “considering that,” &c.
The case of the prosecution was clear enough. The medical evidence
proved that the father died of the wounds received on the above-named
night. The fact that the wounds were inflicted by the prisoner,
was established by the evidence of his mother and sister, who overheard
the quarrel between him and his father, by the flight after commission
of the crime, by the discovery of a blood-stained knife dropped on the
threshold, by the deposition of the father before death, and lastly,
by the confession of the prisoner himself, who admitted the crime, though
under extenuating circumstances. The fact that the sister never
heard the knife open,
although it had three clasps, was asserted to be evidence that the prisoner
entered the room with his knife open and intending to commit the crime.
This charge of malice prepense was supported by the son’s
refusal to answer his father, by the insolence of his language, and
by the number and vehemence of the stabs he inflicted.
The prisoner’s defence was also very simple. According
to his own story, he was half drunk on his return home. His father
not only taunted and threatened him, but at last seized the door-bar
and began knocking him about the head; and then, at last, maddened with
pain and passion, he drew out a knife he had picked up on the road,
and stabbed his father, hardly knowing what he did. On the bare
statement of facts, I should deem this version of the story the more
probable of the two, but as no details whatever are given of the evidence
on either side, it is impossible to judge. The court at any rate
decided that there was no proof of the prisoner having been drunk, and
that the evidence of his father having struck him was of a suspicious
character, “while,” they add, “it would be absurd
and immoral to maintain, that a father, whose right and duty it is to
correct his children (and indeed on this occasion correction
was abundantly deserved by the insolent demeanour of Luigi) could be
considered to provoke his son by a slight personal chastisement.”
The son, by the way, was over one and twenty, a fact to which no allusion
is made. As “a forlorn hope,” in the words of the
sentence, the counsel for the defence asserted, that whatever the crime
of the prisoner might be, it was not parricide, from the simple fact
that Luigi was not Venanzio’s son. The facts of the case
appear to have been, that Maria Rosa Battistoni being then unmarried,
gave birth in July 1835 to a son, who was the prisoner at the bar; that
shortly afterwards the vicar of Cannara gave information to the Episcopal
court of Assisi, that Maria Rosa had been seduced by Venanzio Bonci
and had had an illegitimate child by him; that, in consequence, a formal
requisition was addressed by the above court to Venanzio, and that he
thereupon acknowledged the paternity of the child, and expressed his
readiness to marry the mother. The marriage was therefore solemnized,
and the child entered in the church-books as the legitimized son of
Venanzio and Maria Bonci, in June, 1836. Against this strong presumptive
evidence of paternity, and the natural inference to be drawn from the
child having been brought up and educated as Venanzio’s son, there
were only, we are told, to be set, alleged expressions of doubt on the
father’s part, when in a passion, as to his being really the father,
and also certain confessions of the mother to different parties, that
Luigi was not the child of her husband. All these confessions
however, so it is asserted, were proved to be subsequent in date to
the son’s arrest, and therefore, probably, made with a view to
save his life. The plea is in consequence rejected.
No defence was attempted to the second count. Both charges
are therefore declared fully proved; and as the punishment for parricide
is public execution, and the penalty for having in one’s possession
(a lighter offence by the way, than using) any weapon without special
license, consists of imprisonment from two to twelve months, and of
a fine from five to sixty scudi, therefore the court “condemns
Luigi Bonci for the first count, to be publicly executed in Cannara,
and to make compensation to the heirs of the murdered man, according
to the valuation of the civil tribunals, and to pay the cost of the
trial; and on the second count, the court” (with a pedantic mockery
of mercy) “considers the first three months of the incarceration
the prisoner has already undergone to be sufficient punishment, coupled
with a fine of five scudi and the loss of the weapon.”
This summary will, I fear, give the reader too favourable an opinion
of the original sentence. In order to make the story at all intelligible,
I have had to pick out my facts, from a perfect labyrinth of sentences
and parentheses. All I, or any one else can state is, that these
seem to be the facts, which seem to have been proved by the witnesses.
What the character of the evidence was, or what was the relative credibility
of the witnesses, whose very names I know not, or how far their assertions
were borne out or contradicted by circumstantial proof, are all matters
on which (though the whole character of the crime depends on them) I
can form no opinion whatever.
The trial occupied but one day, and yet the above sentence, it appears,
was not communicated to the prisoner till the 15th of October, 1858,
that is, over five months afterwards. When the official announcement
of the sentence was made, the prisoner declared his intention of appealing
against its justice. By the Papal law, every person condemned
for a criminal offence, by the lay tribunals, has the right of appealing
to the Supreme Pontifical Court.
It is, therefore, needless to say, that in all cases where sentence
of death is passed, an appeal is made on any ground, however trivial,
as the condemned culprit cannot lose by this step, and may gain.
The practical and obvious objection to this unqualified power of appeal,
is that the supreme ecclesiastical court is the real judge, not the
nominal lay court, which does little more than register the fact, that
the crime is proved prima facie.
On the 15th of February, 1859, after a delay of four months more
from the time of appeal, the court of the supreme tribunal of the Consulta
Sacra, assembled at the Monte Citorio in Rome, to try the appeal.
The court was composed of six “most illustrious and reverend Judges,”
all “Monsignori” and all dignitaries of the Church, assisted
by a public prosecutor and counsel for the defence, attached to the
Papal exchequer. The course of proceedings appears to be much
the same as in the inferior courts, except that no witnesses, save the
prisoner, were examined orally, and the whole evidence was taken from
written depositions. At last, after “invoking the most sacred
name of God,” the court pronounce their sentence. This sentence
is in a great measure a recapitulation
of the preceding one. Either no new facts were adduced, or none
are alluded to. The grounds for the defence are the same as on
the previous occasion, namely, the provocation given by the father,
and the doubt as to the son’s paternity. There were, in
fact, two questions before the court. First, whether the crime
committed was murder or manslaughter; and, if it was murder, whether
the murderer was or was not the son of the murdered man. Instead,
however, of facing either of these questions of fact, the court seems
to enter upon abstract considerations, which to our notions are quite
irrelevant. The degree to which paternal corrections can be carried
without abuse, and the problem whether a man who kills a person, whom
he believes and has reason to believe to be his father, but who is not
so in fact, is guilty or not of the sin of parricide, seem rather questions
for clerical casuistry than considerations which bear upon facts.
The final conclusion drawn from these various reflections is, that the
court confirms the judgment of the Perugian tribunal, in every respect.
The rejection of the appeal is not communicated for two months more,
that is, not till the 22nd of April, to the prisoner, who at once appeals
again against the execution of the verdict to the Upper Court of the
Supreme Tribunal. On the 13th of May the case comes on for its
third and last trial. The court is again composed of six ecclesiastics
of high rank, assisted by the same official counsel as before; the same
course of proceeding is adopted, except that the prisoner is not brought
into court or examined. Again, after “invoking the most
holy name of God,” the tribunal pronounces, not its sentence this
time, but its judgment. This judgment alludes only to the two
grounds on which the appeal is based. The first is the question
of paternity, which is at once dismissed, as being a matter of evidence
that has been already decided. The second ground of appeal is
a technical and a legal one. The defence appears to have pleaded,
that the original arrest was illegal, and that, by this fact, the whole
trial was vitiated. On both sides it was admitted that the prisoner
was arrested without a warrant, and not in “flagrante delicto,”
and that therefore the arrest was, strictly speaking, illegal.
The court, however, decides, that though the prisoner was not taken
in the act, yet his guilt was so manifest, that the gendarmes were justified
in acting as if they
had caught him perpetrating the crime, while in offences of great atrocity
the police have also a discretionary power to arrest offenders, even
without warrants. Though in this particular instance the result
is not much to be regretted, yet it is obvious, that the admission of
such a principle, and such an interpretation of the law, gives the police
unlimited power of arrest, subject to the approval of their superiors:
whether right or wrong, therefore, the appeal is dismissed, and the
final sentence of death pronounced.
It seems that this verdict was submitted on the 24th of May by the
President of the Supreme Court to the consideration of his Holiness
the Pope, who offered no objection to its execution. The prisoner’s
last chance was now gone, but, with a cruel mercy, he was left to linger
on for eight months more in uncertainty. It was only on the 3rd
of January, 1860, that orders were sent from Rome to Perugia, for the
execution to take place there instead of at Cannara, on the 13th.
On that day the verdict of the court is conveyed to the unhappy wretch.
On the 14th, so the last paragraph informs us, “The condemned”
Luigi Bonci “was beheaded by the public executioner, in the market-place
of Perugia, and his
head was there exposed for an hour to the gaze of the assembled multitude.”
On the 18th the report, from which these facts are taken, was placarded
on the walls of Rome. The murder is committed in November, 1856;
the murderer is arrested on the night of the crime; for that crime he
is not tried at all till May, 1858; his final trial does not come off
till May, 1859, and his execution is deferred till January, 1860.
For three years and a quarter after the commission of the murder no
report is published. These facts need no comment.
Of late years, round and about Viterbo, there was a well-known character,
Giovanni Ugolini by name, a sort of itinerant “Jack-of-all-trades,”
who wandered about from place to place, picking up any odd job he could
find, and begging when he could turn his hand to nothing else.
He is described in the legal reports as a Tinker and Umbrella-mender,
but his especial line of industry, novel to us at any rate, seems to
have been that of a scraper and cleaner of old tombstones. By
these various pursuits, he scraped together a good bit of money for
a man in his position, and at the end of his winter circuit, in the
year 1857, he had saved up by common report as much as 70 scudi, or
about £14 odd. On the 4th of May in that year, Ugolini left
the little town of Castel Giorgio, with the avowed intention of going
to Viterbo, to change his monies into Tuscan coin. Being belated
on his road, he resolved to stop over the night
at the house of a certain Andrea Volpi which lay on his road, and where
he had often slept before. On the following morning, about eight
o’clock, he left Volpi’s house and went on his journey towards
Viterbo. Nothing more is positively known about him, except that
on the same day his body was found on a bye-path, a little off the direct
Viterbo road, covered with wounds. No money was discovered about
his person, while there was every indication of his clothes and pack
having been rummaged and rifled.
Assuming, as one must, the correctness of these facts, there can
be no doubt that a very brutal murder and robbery had been committed.
For some reasons, what, we are not told, the suspicions of the police
fell at once on one of Volpi’s sons, called Serafino, a lad of
about 22, and on a friend of his, Bonaventura Starna, about two years
older than himself. Both of these persons, who were common labourers,
were, in consequence, arrested on the 7th of May. They were not
tried, however, till the 27th of April, in the year following, when
they were arraigned for the murder before the lay criminal and civil
court of Viterbo.
The two prisoners,
nevertheless, are not tried on the same charge. Volpi is arraigned
by the public prosecutor on a charge of wilful murder, accompanied with
treachery and robbery, while Starna is only brought to trial as an accomplice
to the crime, not as a principal. Before the actual guilt of either
prisoner is ascertained, the public prosecutor, that is, the Government,
decides the relative degree of their respective hypothetical guilt.
The justice of this proceeding may be questioned, but its motive is
palpable enough. There was little or no direct evidence against
the prisoners, and to convict either of them, it was necessary to rely
upon the testimony of the other.
“With both the prisoners,” so runs the sentence of the
court, “a criminal motive could be established in the fact of
their avowed poverty, as they each clearly admitted, that neither they
nor their families possessed anything in the world, and that they derived
the means of their miserable sustenance from their daily labour alone.”
A very close intimacy was proved to have existed between the prisoners,
so much so, indeed, that Starna had frequently been reproved by his
parents for his friendship with a man
who stood in such ill repute as Volpi. The fact that the murdered
man was, or was believed to be in possession of money, was shown to
be well known amongst the Volpi family. Two of Serafino Volpi’s
brothers were reported to have spoken to third parties of Ugolini’s
savings, and one of them expressed a wish to rob him. Why this
brother was neither arrested nor apparently examined, is one of the
many mysteries, by the way, you come across in perusing these Papal
reports. Serafino too had mentioned himself, to a neighbour, his
suspicion of the tinker’s having saved money. On the morning
of the murder, Starna was known to have come to the Volpi’s cottage,
to have talked with Serafino, and to have left again in his company,
shortly after Ugolini’s departure. After about an hour’s
absence, Serafino Volpi returned home, and therefore had time enough
to commit the murder. He was shown, moreover, to have been in
possession of a knife, about which he could give no satisfactory account,
and which might have inflicted the wounds found on the corpse.
These appear to have been all the facts which could be established
against either Volpi or
Starna by positive evidence, and, at the worst, such facts could only
be said to constitute a case for suspicion. Previously, however,
to the trial, Starna turned, what we should call, “King’s
evidence,” and, in contradiction to his foregoing statements,
made a confession, on which the prosecution practically rested the whole
of its case. According to this confession of Starna’s, on
the morning of the murder he called by accident at the Volpi’s,
and stopped there, till after the tinker, who was an entire stranger
to him, had left the house. Serafino Volpi then offered to accompany
him to his (Starna’s) house, on the pretence of borrowing some
tool or other. They walked quickly to avoid the rain, which was
falling heavily, and shortly overtook Ugolini, who exchanged a few words
with Volpi about the weather, and then turned off along a bye-road.
Thereupon Volpi proposed that they should follow the old man and rob
him, adding, “he has got a whole lot of coppers.”
Starna, according to his own story, refused to have anything to do with
the matter; on which Volpi said, in that case he should do it alone,
and asked Starna to go and fetch the tool he wanted, and bring it to
him where they were
standing. Starna then left Volpi running across the fields to
overtake the tinker, and went home to find the tool. In a very
short time afterwards, as he was coming back to the appointed meeting-place,
he met Volpi in a great state of agitation, who told him that the job
was finished, and Ugolini’s throat cut, but that only 20 pauls’
worth of copper money, about eight shillings, were found upon him.
Starna admitted that he then took eight pauls as his own share in the
booty, and told Volpi to wash off some spots of blood visible on his
sleeve. He also added, that later on the same day he met Volpi
again, and then expressed his alarm at what had happened; on which he
received the answer, “If you had been with me, you would not be
alive now.”
One can hardly conceive a more suspicious story, or one more clearly
concocted to give the best colour to the witness’s own conduct,
at the expense of his fellow-prisoner. No evidence whatever appears
to have been brought in support of this confession. The court,
notwithstanding, decides that the truth of this statement is fully established
by internal and external testimony, and therefore declares that the
alleged crimes are
clearly proved against both the prisoners. “Considering,”
nevertheless, “that though Starna was an accomplice in the crime,
from his having assisted Volpi, and from having, by his own confession,
shared in the booty, yet that his guilt was less, both in the conception
and in the perpetration of the crime, there being no proof that he had
taken any active part in the murder of Ugolini,” therefore, “in
the most holy name of God,” the court sentences Volpi to public
execution, and Starna to twenty years at the galleys.
Of course, both the prisoners resorted to their invariable right
of appeal, but their case did not come on before the lower court of
the Supreme Clerical Tribunal at Rome for upwards of a year, namely,
on the 17th of May, 1859. At this trial, no new facts whatever
appear to have been adduced. I gather indistinctly, that Volpi’s
defence was that he had not left his father’s house at all on
the morning of the murder, but that his attempt to prove an “alibi”
was unsuccessful. The chief object indeed of the very lengthy
sentence of the court, recapitulating the evidence already stated, is
to establish the comparative innocence of Starna, who, for some cause
or other, seems to
have been favourably regarded. We are told, that “the confession
of Starna is confirmed by a thousand proofs;” that “it is
clearly shown” that Starna “in this confession did not deny
his own responsibility; a fact which gives his statement the character
of an incriminative and not of an exonerative confession; and that though
he might possibly have wished, in his statement of the facts, to modify
and extenuate his own share in the crime, yet there was no reason to
suspect that he wished gratuitously to aggravate the guilt of his comrade;”
and that also taking into consideration the villainous character of
Volpi, it cannot be doubted, that he was the principal in the crime.
The court at Viterbo had decided that the crime of the prisoners was
murder, coupled with robbery and treachery. The Court of Appeal
decides, on what seem sufficient grounds, that there is no proof of
treachery, and therefore, the crime not being of so heinous a character,
reduces the period of Starna’s punishment from twenty to fifteen
years, while it simply confirms the sentence of death on Volpi.
Again, as a matter of course, there is an appeal from this sentence
to the upper court of the Supreme Tribunal, which appeal comes off after
four months’ delay, on the 9th of September, 1859. The only
ground of appeal brought forward is one which, according to our notions
of law, should have been brought forward from the first, namely, that
the guilt of Volpi is not adequately proved by the unsupported statement
of his accomplice Starna, and “that the evidence which corroborates
this statement, only constitutes an à priori probability
of his guilt.” The court, however, dismisses this plea at
once, on the ground that it is not competent to take cognizance of an
argument based on the abstract merits of the case, and therefore confirms
the verdict.
On the 25th of November the sentence is submitted to, and approved
by, the Pope. On the 3rd of January, 1860, orders are issued from
Rome for the execution to take place. On the 17th the authorities
of Viterbo notify to the prisoner that his last appeal has been dismissed,
and “call on the military to lend their support to the execution
of the sentence,” and on the following day, two years and eight
months after his arrest, Volpi is executed for the murder of Ugolini
on the Piazza della Rocca at Viterbo. On that day, too, appears
the first report of his crime and trial.
In July, 1859, there were in the Bagnio of Civita Vecchia two galley
slaves, Antonio Simonetti and Domenico Avanzi. Simonetti was a
man of thirty, whose life, short as it was, seemed to have been one
long career of crime. He had enlisted at an early age in the Pontifical
dragoons, and served for seven years; on leaving the army, he became
a porter, and within a few months was guilty of a highway robbery, and
sentenced to the galleys for life, then to five years’ hard labour
for theft, and again to seven years at the galleys for an attempt to
escape, though how the last punishment could be super-added to the first,
is a fact I cannot hope to explain. Of Avanzi nothing is mentioned,
except that he was an elderly man
condemned to a lengthened term of imprisonment for heavy crimes.
Prisoners, it seems, condemned for long periods, are not sent out of
doors to labour at the public works, but are employed within the prison.
Both Simonetti and Avanzi were set to work in the canvas factory, and
according to a system adopted in many foreign gaols, they received a
certain amount of pay for their labour. An agreement had been
made between the pair, that one should twist and the other spin the
hemp; and the price paid for their joint work was to be divided between
them in certain proportions. About a fortnight before the murder
this sort of partnership was dissolved at the proposal of Simonetti,
and some days after Avanzi made a claim on his late partner for the
price of two pounds of hemp not accounted for. There seems to
have been no particular dispute about this, but on the morning of the
murder, Simonetti was summoned before the overseer of the factory, on
the ground of his refusal to pay the sum claimed by Avanzi of fifteen
baiocchi, or seven pence halfpenny. Simonetti did not deny that
Avanzi had some claim upon him, but disputed the amount. At last,
the overseer proposed, as an amicable compromise, that
Simonetti should pay down seven baiocchi as a settlement in full, sooner
than have a formal investigation. Both parties adopted the suggestion
readily, and returned to their work apparently satisfied. An hour
and a half after, while Avanzi was sitting at his frame, with his face
to the wall, Simonetti entered the room with an axe he had picked up
in the carpenter’s store, and walking deliberately up to Avanzi,
struck him with the axe across the neck, as he was stooping down.
Almost immediate death ensued, and on the arrival of the guard, Simonetti
was arrested at once, and placed in irons. Probably, as a matter
of policy, so daring a crime required summary punishment; at any rate,
Papal justice seems to have been executed with unexampled promptitude.
With what the report justly calls “laudable celerity,” the
case was got ready for trial in a week, and on the 30th of July, the
civil and criminal court of Civita Vecchia met to try the prisoner.
There could be no conceivable question about the case. The murder
had been committed during broad daylight, in a crowded room, and indeed,
the prisoner confessed his guilt, and only pleaded gross provocation
as an excuse. There was no proof,
however, that Avanzi had used irritating language; and even if he had,
too long a time had elapsed between the supposed offence and the revenge
taken, for the excuse of provocation to hold good. Indeed, as
the sentence of the court argues, in somewhat pompous language, “Woe
to civil intercourse and human society, if, contrary to every principle
of reason and justice, an attempt to enforce one’s just and legal
rights by honest means, were once admitted as an extenuating circumstance
in the darkest crimes, or as a sufficient cause for exciting pardonable
provocation in the hearts of criminals.” The tribunal too
considers, that the crime of the prisoner was aggravated by the fact,
that his mind remained unimpressed “by the horrors of his residence,
or the dreadful aspect and sad fellowship of his thousand unfortunate
companions in guilt, or by the flagrant penalties imposed upon him,
for so many crimes.” On all these grounds, whether abstract
or matter-of-fact, the court declares the prisoner guilty of the wilful
murder of Avanzi, and sentences him to death.
On the morrow this sentence is conveyed to Simonetti, who appeals.
With considerable expedition the Supreme Tribunal meet to hear the
case on the 23rd of September. The prisoner alleged before this
court that his indignation had been excited by improper proposals made
to him by the murdered man, and it was on this account their partnership
had been dissolved. Besides certain inherent improbabilities in
this story, the court decides that it was incredible that, if true,
Simonetti should not have made the statement at his previous trial.
The appeal was therefore dismissed, and the sentence of death confirmed.
This decision was notified to the prisoner on the 18th of November,
who again appeals to the higher Court, which meets to try the appeal
on the 29th of the same month. This court at once decided that
there was no ground for supposing the crime was not committed with “malice
prepense,” or for modifying the verdict. It is not stated
when the sentence was submitted to the Pope, but on the 20th of January,
1860, the rejection of his final appeal is communicated to the prisoner,
and on the 21st the execution takes place, and the report is published.
Now, if I had wished solely to decry the Papal system of justice,
I should not have given the report of the last trial, which seems to
me far the most favourable specimen of the set I have come
across. I am inclined to believe, from the meagre narratives before
me, that all the criminals whose cases I have narrated were guilty of
the crimes alleged against them, and fully deserved the fate they met
with. My object, however, has been to point out certain features
which must, I think, force themselves on any one who has read these
cases carefully. The disregard for human life, the abject poverty,
the wide-spread demoralization in the rural districts indicated by these
stories, are startling facts in a country which has been for centuries
ruled by the vicegerents of Christ on earth. At the same time,
the great protraction of the trials and the utter uncertainty about
the date of their occurrence, the unsatisfactory nature of the evidence,
the want of any cross-examination, the manner in which strict law is
disregarded from a clerical view of justice, and the identity between
the court and the prosecution, the abuse of the unlimited power of appeal,
and the extent to which this appeal from a lay to a clerical court places
justice virtually in the hands of the priesthood; and finally, the secret
and private character of the whole investigation, coupled with the utter
absence of any check on injustice through publicity, are all matters
patent even to a casual
observer. If such, I ask, is Papal justice, when it has no reason
for concealment and has right upon its side, what would it be in a case
where injustice was sought to be perpetrated and concealed?
Some months after I had written the question which closes the last
chapter, I was fortunate enough to obtain a partial answer to it.
During the present year the Cavaliere Gennarelli, a Roman barrister,
and a member of the Roman parliament in 1848, has published a series
of official documents issued by the Papal authorities during the last
ten years; the most damning indictment, by the way, that was ever recorded
against a Government. Amongst those documents there appears the
official sentence which, as usual, was published after the execution
of a certain Romulo Salvatori in 1851. The trial possesses a peculiar
momentary interest from the fact that Garibaldi is one of the persons
implicated in the charge, and that the gallant general, if captured
on Roman territory, would be liable to the judgment passed on him in
default. It is, however, rather
with a view to show how the Papal system of justice works, when political
bias comes into play, that I propose to narrate this story as a sequel
to the others. The words between inverted commas are, as before,
verbal translations from the sentence. From that sentence I have
endeavoured to extract first the modicum of facts which seem to have
been admitted without dispute.
During the death-struggle of the Roman Republic, when the Neapolitan
troops had entered the Papal territory on their fruitless crusade, the
country round Velletri was occupied by Garibaldi’s soldiery.
Near Velletri there is a little town called Giulianello, of which a
certain Don Dominico Santurri was the head priest. Justly or unjustly,
this priest, and two inhabitants of the town, named De Angelis and Latini,
were accused of plotting against the Republic; arrested by order of
one of Garibaldi’s officers; imprisoned for a couple of days,
and, after a military examination (though of what nature is a matter
of dispute) found guilty of treason against the state. The priest
was sentenced to death and shot at once; the other two prisoners were
dismissed with a reproof. Subsequently orders
were issued for their re-arrest. One of them, Latini, had made
his escape meanwhile; the other, De Angelis, being less fortunate, was
arrested again and executed.
Now, how far these persons were really guilty or not of the offence
for which they suffered, I of course have no means of knowing.
Common sense tells one that a nation, fighting for dear life against
foes abroad and traitors within, is obliged to deal out very rough and
summary justice, and can hardly be expected to waste much time in deliberation.
At any rate, when the Papal authority was restored, the Pope, on the
demand of the French, declared a general amnesty for all political offences.
This promise, however, of an amnesty, like many other promises of Pius
the Ninth, was made with a mental reservation. The Pope pardoned
all political offenders, but then the Pope alone was the judge of what
constituted a political offence.
In accordance with this system the execution of Santurri and De Angelis
was decided not to have been a political offence, but a case of private
vengeance, and “the indignation of the public was so strong,”
that Government could not refuse the imperative call for justice.
Within a few weeks,
therefore, of the Papal restoration, seven inhabitants of Giulianello
were arrested on the charge of being concerned in the murders of Santurri
and De Angelis.
On the 4th of April, 1851, the Supreme Court of the Sacra Consulta
met to try the prisoners—nearly two years after the date of their
arrest. The court, as usual, was composed of six high dignitaries
of the Church, and throughout the mode of procedure differed in nothing
that I can learn from what I have described in the former trials, except
that there is no allusion to any preliminary trial before the ordinary
lay courts. Whether this omission is accidental, or whether, as
in other instances during the Papal “Vendetta” after ’49,
the ordinary forms of justice were dispensed with, I cannot say.
Garibaldi, De Pasqualis, and David, “self-styled” General,
Colonel, and auditor respectively of the Roman army, were summoned to
appear and answer to the charge against them, or else to allow judgment
to go by default. The prisoners actually before the bar were
Romolo Salvatori,
Vincenzo Fenili,
Luigi Grassi,
Francesco Fanella,
Dominico Federici,
Angelo Gabrielli,
Teresa Fenili.
It is curious, to say the least, that all the prisoners appear to
have been leading members of the liberal party at Giulianello.
Salvatori was elected Mayor of the town during the Republic, and the
next four prisoners held the office there of “Anziani” at
the same period, an office which corresponds somewhat to that of Alderman
in our old civic days. The chief witnesses for the prosecution
were Latini, who so narrowly escaped execution, and the widow of De
Angelis, persons not likely to be the most impartial of witnesses.
The whole sentence is in fact one long “ex parte” indictment
against Salvatori. The very language of the sentence confesses
openly the partizanship of the court. I am told that, in May 1849,
“The Republican hordes commanded by the adventurer Garibaldi,
after the battle with” (defeat of?) “the Royal Neapolitan
troops at Velletri, had occupied a precarious position in the neighbouring
towns,” and a good number of these
troops were stationed at Valmontone, under the command of the so-called
Colonel De Pasqualis; that at this period, when “an accusation
sent to the commanders of these freebooters was sufficient to ruin every
honest citizen,” Salvatori, in order to gratify his private animosity
against Santurri, De Angelis, and Latini, forwarded to De Pasqualis
an unfounded accusation against them of intriguing for the overthrow
of the Republic; and in order to give it a “colour of probability,”
induced the above-named Anziani to sign it; and that, in order to accomplish
his impious design, he wrote a private letter to De Pasqualis, telling
him how the arrest of the accused might be effected. Again, I
learn that a search, instituted by Salvatori into the priest Santurri’s
papers, produced no “evidence favourable to his infamous purpose,”
that the accused were never examined, though “a certain David,
who pretended to be a military auditor, made a few vague inquiries of
Santurri, and noted the answers down on paper with a pencil.”
Then we have a queer story how, when Santurri implored for mercy, David
replied, “Priests may pardon, but Garibaldi never,” though
the very next minute David
is represented as announcing to De Angelis and Latini, that Garibaldi
had granted them their pardon. Then I am informed that Salvatori
used insulting language to Santurri on his arrest; that it was solely
owing to Salvatori’s remonstrances that orders were issued for
the re-arrest of Latini and De Angelis; and that though Salvatori ultimately,
at the prayer of De Angelis’ wife, gave her a letter to De Pasqualis
interceding for her husband, yet he purposely delayed granting it till
he knew it would be too late.
Such are the heads of the long string of accusations against Salvatori,
of which practically the sentence is composed. The evidence, as
far as it is given in the sentence on which the accusations rest, is
vague in the extreme. The proof of any personal ill-will against
the three victims of the Republic, on the part of any of the prisoners,
is most insufficient. Salvatori is said to have had an old grudge
against Santurri, about some wood belonging to the Church, to which
he had made an unjust claim. De Angelis was stated to have once
threatened to shoot Salvatori; but this, even in Ireland, could hardly
be construed into evidence that therefore
Salvatori was resolved to murder De Angelis. The only ground of
ill-will that can be suggested, as far as Latini is concerned, is that
he was a partizan of the priesthood. The act of accusation against
Santurri and his fellow-victims, forwarded by the authorities of Giulianello,
though essential to the due comprehension of the story, is not forthcoming;
and no explanation even is offered of the motives which induced the
four “Anziani” to sign a charge which, by the Papal hypothesis,
they knew to be utterly unfounded. The bare idea, that Santurri
or the others were really guilty of any intrigues against the Republic,
is treated as absurd; the fact that any trial or investigation ever
took place is slurred over; and yet, with a marvellous inconsistency,
Salvatori is accused of being in reality the guilty author of these
executions, because some witness—name not given—reports
that he heard a report from a servant of Garibaldi, that Santurri was
only executed, in opposition to Garibaldi’s own wish, in consequence
of Salvatori’s representations.
What was the nature of Salvatori’s defence cannot be gathered
from the sentence. From another source, however, I learn that
it was such as one
might naturally expect. During 1849, the mayors of the small country
towns were entrusted with political authority by the Government.
In the exercise of his duty, as mayor, Salvatori discovered that Santurri
and the others were in correspondence with the Neapolitans, who were
then invading the country, and reported the charge to the officer in
command. The result of a military perquisition was to establish
convincing proof of the charge of treason. Santurri was tried
by a court martial, and sentenced at once to execution; as were also
his colleagues, on further evidence of guilt being discovered.
Salvatori, therefore, pleaded, that his sole offence, if offence there
was, consisted in having discharged his duty as an official of the Republican
Government, and that this offence was condoned by the Papal amnesty.
This defence, as being somewhat difficult to answer, is purposely ignored;
and a printed notice, published on the day of Santurri’s execution,
and giving an account of his trial and conviction, is rejected as evidence,
because it is not official!
Considering the tone of the sentence it will not be matter of surprise,
that the court sums up
with the conclusion, that “Not the slightest doubt can be entertained
that the wilful calumnies and solicitations of the prisoner Salvatori
were the sole and the too efficacious causes of the result he had deliberately
purposed to himself” (namely, the murder of Santurri); and therefore
unanimously condemns him to public execution at Anagni. Vincenzo
Fenili and Grassi, who had co-operated in the arrest of Santurri, are
sentenced to 20 years’ labour on the hulks. There not being
sufficient evidence to convict Fanella, Federici, and Teresa Fenili,
they are to be—not acquitted, but kept in prison for six months
more, while Gabrielli, whose only offence was, that he told Salvatori
where the priest Santurri was to be found, though without any evil motive,
is to be released provisionally, having been, by the way, imprisoned
already for 18 months, while Garibaldi and De Pasqualis are to be proceeded
against in default.
Salvatori was executed on the 10th of September, 1851; Fenili and
Grassi are probably, being both men in the prime of life, still alive
and labouring in the Bagnio of Civita Vecchia, where, at their leisure,
they can appreciate the mercies of a Papal amnesty. It seems to
me that I should have
called this chapter the Salvatori rather than the Santurri murder, and
then the question asked at the end of the last would have required no
answer.