Rome in 1860 by Edward Dicey
page 42 of 162 (25%)
page 42 of 162 (25%)
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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 |
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