Robert Treat Paine Papers, Volume 4
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. 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 Mans
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
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.”