Rome in 1860 by Edward Dicey
page 41 of 162 (25%)
page 41 of 162 (25%)
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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 |
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