FullReads

“The prisoner will stand,” droned out the clerk in the Court of General Sessions. “Filippo Portoghese, you are convicted of assault with intent to kill. Have you anything to say why sentence should not be passed upon you?”

A sallow man with a hopeless look in his heavy eyes rose slowly in his seat and stood facing the judge. There was a pause in the hum and bustle of the court as men turned to watch the prisoner. He did not look like a man who would take a neighbor’s life, and yet so nearly had he done so, of set purpose it had been abundantly proved, that his victim would carry the disfiguring scar of the bullet to the end of his life, and only by what seemed an almost miraculous chance had escaped death. The story as told by witnesses and substantially uncontradicted was this:

Portoghese and Vito Ammella, whom he shot, were neighbors under the same roof. Ammella kept the grocery on the ground floor. Portoghese lived upstairs in the tenement. He was a prosperous, peaceful man, with a family of bright children, with whom he romped and played happily when home from his barber shop. The Black Hand fixed its evil eye upon the family group and saw its chance. One day a letter came demanding a thousand dollars. Portoghese put it aside with the comment that this was New York, not Italy. Other letters followed, threatening harm to his children. Portoghese paid no attention, but his wife worried. One day the baby, little Vito, was missing, and in hysterics she ran to her husband’s shop crying that the Black Hand had stolen the child.

The barber hurried home and sought high and low. At last he came upon the child sitting on Ammella’s doorstep; he had wandered away and brought up at the grocery; asked where he had been, the child pointed to the store. Portoghese flew in and demanded to know what Ammella was doing with his boy. The grocer was in a bad humor, and swore at him. There was an altercation, and Ammella attacked the barber with a broom, beating him and driving him away from his door. Black with anger, Portoghese ran to his room and returned with a revolver. In the fight that followed he shot Ammella through the head.

He was arrested and thrown into jail. In the hospital the grocer hovered between life and death for many weeks. Portoghese lay in the Tombs awaiting trial for more than a year, believing still that he was the victim of a Black Hand conspiracy. When at last the trial came on, his savings were all gone, and of the once prosperous and happy man only a shadow was left. He sat in the court-room and listened in moody silence to the witnesses who told how he had unjustly suspected and nearly murdered his friend. He was speedily convicted, and the day of his sentence was fixed for Christmas Eve. It was certain that it would go hard with him. The Italians were too prone to shoot and stab, said the newspapers, and the judges were showing no mercy.

The witnesses had told the truth, but there were some things they did not know and that did not get into the evidence. The prisoner’s wife was ill from grief and want; their savings of years gone to lawyer’s fees, they were on the verge of starvation. The children were hungry. With the bells ringing in the glad holiday, they were facing bitter homelessness in the winter streets, for the rent was in arrears and the landlord would not wait. And “Papa” away now for the second Christmas, and maybe for many yet to come! Ten, the lawyer and jury had said: this was New York, not Italy. In the Tombs the prisoner said it over to himself, bitterly. He had thought only of defending his own.