A Case of Circumstantial Evidence

In the town of Culiano, in the province of Salano, in Italy, there dwelt

a widow by the name of Torsielli, with her two sons, Vito and Antonio.

The boys loved their mother devotedly and were no less fond of each

other, the height of their ambition being to earn enough money to

support her in comfort without need of working in her old age. As it

was, she arose before light, made the fire, cooked their breakfast and

labored in and about the house all day until they returned from the

fields. But she was getting old and at last became bedridden and infirm.

She could no longer cook the meals, and the boys had to shift for

themselves. Moreover, instead of finding her standing at the door with a

smile on her wrinkled face, welcoming them to supper on their return,

the fire was always out and their mother lay on her couch, no less glad

to see them, to be sure, but no longer able to amuse them or minister to

their comfort. Then the taxes were increased and hard times came. By

twos and threes the men of the village packed their bundles, bade

good-by to their friends and families, and left the town, some to seek

work in other parts of Italy, but most of them to take the big iron

steamships for America, where work was easy and money plentiful. Sadly

the boys watched their comrades depart. They would have liked to go,

too, to seek their fortunes in this new land of promise, but they could

not leave their mother. The following year some of the men who had gone

away to America returned in fine clothes and with full purses to tell of

the wonderful country beyond the seas, where one could always earn his

ten _lire_ every day and do as he liked. "Viva la liberta!" they cried,

pounding the tables in the café. "Come, comrades! We have plenty of

money. Drink to the great country of America!"

Vito and Antonio listened with envy. One evening the elder brother asked

Antonio to come to walk with him. When they had gone a little way he

said suddenly:

"Toni, I think I shall go to this America. We need more money to make

our mother comfortable. If we wait until she is dead the money will be

of no use. You can stay here, and when I have made a place for you and

her, you shall bring her on the ship to the new country."

Vito was five years older than Antonio, and his word had always been

law to the younger brother, so although he was sick at heart at the

thought of being left behind, he said nothing against the project, but

tried to make it easy for Vito with their mother. The old woman could

not bear the thought of her firstborn leaving her, and declared, with

the tears running down her face, that she should never see him again,

but at last she yielded to their persuasions and gave Vito her blessing.

It would be only a little while before she and Toni would join him, and

they would be happy ever after.

Then Toni was left alone with his mother. Every day he arose at the

first streak of dawn, prepared breakfast, cleaned the house, saw that

his mother was comfortable and then started off for the fields. A month

went by, two months, three, a year, but no word came from Vito. Toni

assured the poor old woman that they would certainly hear from him the

next week or the next, but cruel fear had taken possession of him.

Something had happened to his brother! The years swept on. Their mother

became more and more helpless. Antonio was obliged to hire a woman to

care for her as nurse for a small sum, but it was just enough to leave

only a pittance for them to live on. Toni grew thin and haggard. Where

could Vito be? Was he alive or dead? Next to his love for Nicoletta

Lupero it became the great passion of his life to learn what had become

of Vito.

He had known Nicoletta from a child and their love had followed as

naturally as summer follows spring. It had always been "Toni" and

"Nicoletta" ever since he could remember. But she was growing up, and

from a boy he had become a man. Yet how could he marry when he could

hardly earn enough to support his mother and himself? They talked it

over time and time again. If Vito would only return or good times come

it might be possible. But meantime there was nothing to do but wait.

Nicoletta blossomed into womanhood. Had she not been betrothed she would

have been called an old maid. Neither she nor Toni took any part in the

village merrymakings. Why should they? He was thirty and she

twenty-five. They might have married ten years ago had not the elder

brother gone away. Toni secretly feared that the time would never come

when they would be man and wife, but he patiently labored on earning his

two _lire_, or at most two _lire_ and a half, a day.

Then a man returned from America just for the harvest to see his family.

He said that Vito was alive. He had not seen him himself, but others had

seen him and he was rich. He told of the plentifulness of gold in

America, where every one was comfortable and could lay up a fortune. He

himself had saved over five thousand _lire_ in four years and owned a

one-third interest in a fruit store. He was going to take his brother's

family back with him--all of them. They would be rich, too, in a little

while. A man was a fool to stay in Italy. Why did not Toni come back

with him? He would get him a place on the railroad where one of his

friends was padrone.

Toni discussed it all with Nicoletta, and she talked with the man

herself.

"Toni," she said at length, "why do you not go? Here you are earning

nothing. There you could save in a month enough to keep your mother in

comfort for a year. You have to pay the nurse, and that takes a great

deal. While you are here it would cause talk if I came to live in your

home to care for your mother but if you go away I can do so without

comment and it will cost nothing. Perhaps you will find Vito. If not you

will soon make enough to send for both your mother and me."

"You are a good girl," he answered, kissing her, "but I could not shift

the responsibility of my mother to your shoulders. Still, I will talk to

Father Giuseppi about it."

The priest thought well of the plan (he was a little excited over

America himself), and agreed to break the matter to the mother.

She begged Toni piteously not to go. He was her only surviving son. Vito

was dead. Let him but wait a little while and she would not be there to

stand in his way. Then the priest added his personal assurance that it

would be for the best, and the mother finally gave way. Toni was obliged

to tear himself away by force from the arms of the old woman lying upon

the bed, and her feeble sobs echoed in his ears as he trudged down the

road with the scarf Nicoletta had worked about his neck, and a small

bundle of his tools and most precious possessions on his shoulder. A

couple of miles farther on came another harrowing parting with his

betrothed, and from the top of the next rise beyond he could see

Nicoletta still standing at the crossroads gazing pitifully after him.

Thus many an Italian, for good or ill, has left the place of his birth

for the mysterious land of the Golden West.

The voyage was for Antonio an unalloyed agony of seasickness and

homesickness, and when at last the great vessel steamed slowly up the

North River, her band playing and the emigrants crowding eagerly to her

sides, he had hardly spirit enough left to raise his eyes to the

mountains of huge buildings from whose craters the white smoke rose

slowly and blew away in great wind-torn clouds. Yet he felt some of the

awakening enthusiasm of his comrades, and when once his feet touched

earth again it was not long before he almost forgot his sufferings upon

the ocean in his feverish anxiety to lose no time in beginning to save

the money which should reunite him to Nicoletta and his mother. As soon

as the vessel had docked a blustering Italian came among the emigrants

and tagged a few dozen of them, including Antonio, with large blue

labels, and then led them in a long, straggling line across the

gangplank and marched them through the muddy streets to the railroad

train. Here they huddled in a dirty car filled with smoke and were

whirled with frightful speed for hours through a flat and smiling

country. The noise, the smoke and the unaccustomed motion made Antonio

ill again, and when the train stopped at Lambertville, New Jersey, the

padrone had difficulty in rousing him from the animal-like stupor into

which he had fallen.

The Italians crowded together upon the platform, gazing helplessly at

one another and at the padrone, who was cursing them for a lot of stupid

fools, and bidding them get upon a flat car that stood upon a siding.

Antonio had to be pushed upon it by main force, but the journey this

time was short, and in half an hour he found himself upon an embankment

where hundreds of Italians were laboring with pick and shovel in the

broiling sun. Here he also was given a pick and told to go to work.

Toni soon became accustomed to his new surroundings. Every night he and

the rest were carried to Lambertville on flat cars and in the mornings

were brought back to the embankment. The work was no harder than that to

which he had been used, and he soon became himself again. Moreover, he

found many of his old friends from Culiano working there. In the

evenings they walked through the streets of the town or sat under the

trees playing _mora_ and _tocco_. His letters home were quite

enthusiastic regarding the pleasant character of the life. To be sure he

could not write himself, but his old friend Antonio Strollo, who had

lived at Valva, only a mile from Culiano, acted as his amanuensis. He

was very fond of Strollo, who was a dashing fellow, very merry and quite

the beau of the colony, in his wonderful red socks and neckties of many

colors. Strollo could read and write, and, besides, he knew Antonio's

mother and Nicoletta, and when Toni found himself unable to express his

thoughts Strollo helped him out. When the answers came he read them to

Toni and joined in the latter's pleasure. Toni himself soon became a

favorite in Lambertville, for he was simple and gentle, and full of

good-will for everybody. He was very good-looking, too, with his

handsome Roman profile, snapping black eyes and black curly locks. Yet

he was sad always, especially so as since his arrival in America he had

made no progress toward finding Vito. From time to time he met other

Italians who had been working elsewhere, who thought they had seen him

or some one that looked like him. But inquiry always elicited the fact

that their desire to give him encouragement was greater than the

accuracy of their memories. Of course Antonio Strollo, who had become

Toni's inseparable friend, shared all his eagerness to find Vito. In

fact, Toni had no thought that he did not confide to his friend, and it

was really the latter who composed the love letters to Nicoletta and the

affectionate epistles to the mother.

Every month Toni divided what he earned into three parts. One of them he

deposited in the savings-bank, another he invested in a money order

which was sent by Strollo to Nicoletta for the mother, and the last he

kept for himself. It was astounding how fast one really could make money

if one was industrious. Forty dollars a month, sometimes! That made

nearly seventy _lire_ to send to Nicoletta. His bank account grew

steadily, and he often saved something out of the money he allowed

himself to live upon.

Antonio Strollo, on the other hand, was lazy and spent all his wages on

_chianti_, neckties, waistcoats, and gambling. Sometimes he would do

nothing for a whole month but loiter around the streets smoking cigars

and ogling the village girls. These last were afraid of him and called

him "The Dare Devil."

Toni worked on the embankment for three years, sending his money with a

letter to Nicoletta every month. The mother still lived and Nicoletta

was giving up her own life to take care of her, but the old woman was

very feeble and no longer had any hope of seeing either of her sons

again. Moreover, she was now so bedridden that it was useless to think

of trying to move her, even if Toni had plenty of money. No, as soon as

he was satisfied that Vito could not be found and had saved enough money

he must return. How she begged him to return! As Strollo read him the

girl's letters Toni wept bitter tears and Strollo wept likewise in

sympathy. But no word came of Vito.

Toni, anxious about his mother, despairing of ever finding his brother,

pining for Nicoletta and with three hundred dollars lying in the

savings-bank, decided to return to Italy. But if only he could find Vito

first! Then Antonio Strollo had an idea. Why not advertise, he

suggested. He wondered that they had never thought of it before. They

would put a notice in _Il Progresso_, the Italian paper in New York, and

see what would come of it. Toni agreed that the idea was good, so

Strollo wrote the notice offering a reward for news of Vito.

Two months passed, once more Toni gave up hope, and then,

O-never-to-be-forgotten day! a letter came from the post-office from

Vito! Toni threw his arms about Strollo and kissed him for joy. Vito was

found at last! The letter, dated Yonkers, New York, told how Vito had by

chance heard of Toni's notice and learned that he was in America. He

himself, he said, had prospered and was a padrone, employing many

workmen on the water-works. He begged Toni for news of their mother. He

confessed himself an ungrateful son never to have written, but he had

married and had had children, and he had assumed that she was being

cared for by his brother. Toni must forgive him and come to him at once.

"O Dio!" cried Toni, the tears in his eyes. "Forgive him? Of course I

will forgive him! Come, Antonio, let us write my dear brother a letter

without delay and tell him that our mother is still alive. How should I

like to see his wife and babies!"

So they prepared a long letter which Strollo took to the post-office

himself and mailed. Toni went back to work with joy in his heart and

whistled and sang all day long, and, of course, he wrote all about it to

Nicoletta. He was only waiting for his month to be up before starting.

Then he would go to Yonkers, make Vito a little visit, and return home

to Italy. It would be easy enough, after that, for Vito would send them

money, if necessary, to live upon.

Several letters passed between the brothers, and at the end of the month

Toni drew out his money from the bank, received his wages in full, and

prepared to leave Lambertville. Meantime a letter had come from

Nicoletta telling of his mother's joy at learning that Vito was still

alive.

As Toni had doubts as to his ability to find his way to Yonkers, Strollo

kindly offered to accompany him. Toni had made many friends during his

three-years' stay in Lambertville, and he promised to write to them and

tell them about Vito and his family, so it was agreed that the letter

should be sent to Sabbatto Gizzi, in whose house he had lived, and that

Gizzi should read it to the others. The address was written carefully on

a piece of paper and given to Toni.

So early in the morning of August 16th, 1903, Toni and Strollo took the

train for New York. It was a hot day, and once again the motion and

speed made Toni feel ill, but the thought of seeing Vito buoyed him up,

and by the time they had crossed the ferry and had actually reached New

York he was very hungry. In his excitement he had forgotten to eat any

breakfast and was now beginning to feel faint. But Strollo said it was a

long way to Yonkers and that they must not stop. For many hours they

trudged the streets without getting anywhere and then Strollo said it

was time to take the cars. Toni was very tired, and he had to climb many

flights of stairs to the train. It carried them a long distance, past

miles of tenement houses and vacant lots, and at last into a sort of

country. Strollo said they should get out. It was very hot and Toni was

weak from weariness and lack of food, but his heart was light and he

followed Strollo steadily down the wilting road. After going about a

mile they crossed some fields near where people were playing a game at

hitting little balls with sticks. It was astonishing how far they could

strike the balls--entirely out of sight.

"Is this Yonkers?" asked Toni.

"It is near here," answered Strollo. "We are going by a short way."

They entered some thick woods and came out upon another field. Toni was

now so faint that he begged his friend to stop.

"Can we not get some food?" he inquired; "I can hardly walk."

"There is a man in that field," said Strollo. "Go and ask him."

So Toni plodded over to the man who was digging mushrooms and asked him

in broken English where they could get something to eat. The man told

him that it was a long way. They would have to take the trolley to

Yonkers. There was a restaurant there called the "Promised Land," where

one could get Italian dishes. He seemed to take a kindly interest in

Toni and in Strollo, who had remained some distance behind, and Toni

gave him a cigar--a "Cremo"--the last one he had. Then Strollo led the

way back into the woods.

It was almost sunset, and the long, low beams slanting through the tree

trunks made it hard to see. They went deeper and deeper into the woods.

Presently Strollo, who was leading the way, stopped and said:

"We are going in the wrong direction. We must turn around and go back."

Toni turned. As he did so Strollo drew a long knife and plunged it again

and again through Toni's body.

* * * * *

Strollo spent that night, under an assumed name, at the Mills Hotel in

Bleecker Street. He had stabbed himself accidentally in the knee and

also in the left hand in the fury of his attack, and when he arose in

the morning the sheets were covered with blood. There was also blood on

his shoes, which had been new, but he took his knife and scraped it off.

He had experienced a strange sort of terrified exaltation the night

before, and in the early light as he crept downstairs and out of the

hotel he could not have told whether he were more glad or afraid. For he

had three hundred dollars in his pocket, more than he had ever seen at

any one time before--as much as a man could save in two whole years. He

would be a king now for a long time. He need not work. He could eat,

drink and play cards and read some books he had heard about. As for

finding him out--never! The police would not even know who Torsielli

was, to say nothing of who had killed him, for he had removed, as he

thought, everything in Toni's pockets. There would be a dead man in the

morgue, that was all. He could go back to Lambertville and say that he

had left Toni with his brother, at Yonkers, and that would be the end of

it. First, though, he would buy some new clothes.

It was very early and the shops were hardly open, but he found one place

where he could buy a suit, another some underclothes, and a third a pair

of shoes. The shoemaker, who was a thrifty man, asked Strollo what was

the matter with the shoes he had on, so Strollo craftily said they hurt

his feet. Then he ate a hearty breakfast, and bought a better cigar than

he had ever smoked before. There was a bookstore near by and he

purchased some books--"Alto Amore" and "Sua Maestá e Sua Moneta" ("The

Height of Love" and "His Majesty and His Money"). He would read them on

the train. He felt warm and comfortable now and not afraid at all. By

and by he went back on the train to Lambertville and smoked and read all

the way, contented as the tiger is contented which has tracked down and

slain a water-buffalo.

The same afternoon about sunset, in a lonely part of Van Cortlandt Park,

the mushroom digger stumbled over Torsielli's body lying face downward

among the leaves. He recognized it as that of the man who had asked the

way to something to eat and given him a cigar. He ran from the sight

and, pallid with fear, notified the nearest police officer. Then things

took the usual course. The body was removed to the morgue, an autopsy

was performed, and "Headquarters" took charge of the case. As the

deceased was an Italian, Detective Sergeant Petrosini was called in.

Torsielli's pockets were empty save for the band of a "Cremo" cigar in

one waistcoat pocket and a tiny slip of paper in another, on which was

penciled "Sabbatto Gizzi, P.O. Box 239, Lambertville, New Jersey."

Whether this last was the name of the deceased, the murderer, or some

one else, no one knew. Headquarters said it was a blind case, but

Petrosini shrugged his shoulders and bought a ticket to Lambertville.

Here he found Sabbatto Gizzi, who expressed genuine horror at learning

of Toni's death and readily accompanied Petrosini to New York, where he

identified the body as indeed that of Torsielli. He told Petrosini that

Toni had left Lambertville in the company of Strollo on Thursday, August

16th. This was Saturday, August 18th, and less than thirty-six hours

after the murder. Strollo, reading "Alto Amore," and drinking in the

saloon, suspected nothing. New York was seventy miles away--too far for

any harm to come. But Monday morning, walking lazily down the street

near the railroad station, Strollo found himself suddenly confronted by

a heavily-built man with a round, moon-shaped face thickly covered with

pockmarks. Strollo did not like the way the latter's gimlet-like eyes

looked him over. There was no time to turn and fly, and, besides,

Strollo had no fear. They might come and ask him questions, and he might

even admit almost all--_almost_ all, and they could do nothing, for no

one had seen what he had done to Toni in the wood. So Strollo returned

Petrosini's gaze unflinchingly.

"Are you Antonio Strollo?" asked the detective, coming close to the

murderer.

"Yes, certainly, I am Antonio Strollo," replied the latter.

"Do you know Antonio Torsielli?" continued Petrosini.

"To be sure," answered Strollo. "I knew him well," he added almost

insolently.

"Why did you accompany him to New York?" inquired Petrosini sharply.

Strollo paled. He had not known that the police were aware of the fact.

"I had errands in the city. I needed clothes," said Strollo.

"He has been murdered," said Petrosini quietly. "Will you come to New

York to identify the body?"

Strollo hesitated.

"Why--yes--certainly. I will go to New York." Then he added, thinking

that his words seemed insufficient, "I am sorry if Torsielli has been

murdered, for he was a friend of mine."

There was a wait of several hours before the train started for New York

and Strollo utilized it by giving Petrosini a detailed account of his

trip with Torsielli. He took his time about it and thought each

statement over very carefully before he made it, for he was a clever

fellow, this Strollo. He even went into the family history of Torsielli

and explained about the correspondence with the long-lost brother, in

which he acted as amanuensis, for he had come to the conclusion that in

the long run honesty (up to a certain point) would prove the best

policy. Thus he told the detective many things which the latter did not

know or even suspect. Strollo's account of what had happened was briefly

as follows:

He and Toni had reached New York about twelve o'clock and had spent an

hour or so in the neighborhood of Mott Street looking at the parade of

"San Rocco." Then they had started for Yonkers and gone as far as the

terminal of the Second Avenue El. It was about five o'clock in the

afternoon. They had got out and started to walk. As they proceeded they

suddenly had seen a man standing under a tree and Torsielli had said to

Strollo:

"That man standing under that tree looks like my brother."

Strollo had replied:

"You know I am not acquainted with your brother."

As they reached the tree the stranger had stepped forward and said to

Torsielli:

"Who are you?"

"Who? Me? My name is Antonio Torsielli," had been the reply. "Who are

you?"

"I am Vito Torsielli," had answered the stranger. Then the two had

rushed into each other's arms.

"And what did _you_ do?" inquired Petrosini, as Strollo naïvely

concluded this extraordinary story.

"Me?" answered Strollo innocently. "Why, there was nothing for me to do,

so I went back to New York."

Petrosini said nothing, but bided his time. He had now several important

bits of evidence. By Strollo's own account he had been with the deceased

in the general locality of the murder shortly before it occurred; he had

given no adequate explanation of why he was in New York at all; and he

was now fabricating a preposterous falsehood to show that he had left

his victim before the homicide was committed. On the train Petrosini

began to tie up some of the loose ends. He noticed the wound on

Strollo's hand and asked where it had been obtained. The suspect replied

that he had received it at the hands of a drunken man in Mott Street. He

even admitted having stayed at the Mills Hotel the same evening under an

assumed name, and gave as an excuse that his own name was difficult for

an American to pronounce and write. Later, this information led to the

finding of the bloody bedclothes. He denied, however, having changed his

clothes or purchased new ones, and this the detective was obliged to

ferret out for himself, which he did by visiting or causing to be

visited almost every Italian shop upon the East Side. Thus the incident

of the shoes was brought to light.

Strollo was at once taken to the morgue on reaching the city, and here

for the first time his nerve failed him, for he could not bring himself

to inspect the ghastly body of his victim.

"Look," cried Petrosini; "is that the man?"

"Yes, yes," answered the murderer, trembling like a leaf. "That is he."

"You are not looking at him," said the detective. "Why don't you look at

him. Look at the body."

"I _am_ looking at him," replied Strollo, averting his eyes. "That is

he--my friend--Antonio Torsielli."

The prisoner was now taken to Police Headquarters and searched. Here a

letter was found in his hip pocket in his own handwriting purporting to

be from Antonio Torsielli to his brother Vito at Yonkers, but enclosed

_in an envelope addressed to Antonio at Lambertville_.

This envelope bore a red two-cent stamp and was inscribed:

ANTONIO TORSIELLI, BOX 470,

Lambertville, New Jersey.

The letter as later translated in court by the interpreter read as

follows:

True Stories of Crime From the District Attorney's Office · 第 63 / 70 题