Robert Treat Paine Papers, Volume 4

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Memorandum

Memo. of Law vs. Garcelli & Martel

Kelynge 126 & 127. Maugridge Case. to shew wt. is meant by malice

“some think it to be a ranceur of mind lodged for some time before the fact, but they dont distinguish malice from Hatred

3. Inst. 62. he that doth a cruel act voluntarily doth it of malice prepensed

4th: Black. 199. also if even upon a sudden provocation one beats another in a cruel and unusual manner so that he dies yet he is guilty of 285 murder by express malice, i.e by an express evil design, the genuine sence of malitia

D. 200: ~~a general rule~~

201. a general Rule that all Hom: is Mal: unless justified by Com. of Law: Excuse, for accident or Self Preservation. or Allevia. into Manslaughter by being the involuntary Conseq. of some unlawful act, or Occasiond by Sudden & Sufficiently violent Provocation all wch. must be made out by the Prisoner

Foster 291.

310 a Robbery.

256.7 Defn. of malice

274 Maugridge Case

290. I have already premised, the plea of Provocation must be proved

272 a private person interposing

HPC.81.§27.

74.§101

MS .

The Boston Evening Post reported the verdict on Dec. 27:

Monday last, at the Supreme Judicial Court, now sitting here, came on the trial of Cassamo Garcelli and Baitholomeu Martell, for the murder of John Johnson, in this town, as lately mentioned in the papers; when, after a trial which lasted till Tuesday afternoon, the jury brought in their verdict that Garcelli was Guilty, but acquited Martell. And yesterday sentence of Death was pronounced against Cassamo Garcelli.

At the same Court, one Morris was tried for shop lifting, found guilty, and sentenced to be sold for twenty years, to pay costs, &c. One Caswell was also tried for the murder of a young man, as has been noticed; he was acquitted of that charge, but committed on another indictment.

RTP noted in his diary for Jan. 15, 1784: “Garcelli executed.” The Boston Gazette reported on Jan. 19: “On Thursday afternoon was executed in this town, one Cassumo Garcelli, a Portuguese, for the murder of Mr. John Johnson of this town.” The Massachusetts Spy, Feb. 5, 1784, reported that “Cassumo Garcelli, who was lately executed in Boston, for the murder of Mr. Johnson, was an Italian, not a Portuguese, as has been mentioned. He was born in Leghorn, in 1760. It is said he committed two murders before the last which he was executed for; one person that he killed, was a man in Porto-Rico, the other a sailor in Philadelphia.”