The allegations of the prosecution have been throughout the trial that Michele Spano was the aggressor in the fight which took place in front of the store of Tony Sculco on Factory street about 10 Saturday night, Oct. 1. It has been the contention that with Michele were his brother, Angelo Spano, Matteo Arvarao and Rocco Surrocco. The trouble between the Italians was started in the saloon of John McCutchin across the street from the Sculco store. It was alleged that Cesare Badalato in company with Dominick Barone and Guiseppe Frorilo came into the saloon and secured drinks at the bar. The other Italians were in the rear of the saloon drinking and a quarrel developed between the two parties. The whole crowd was ordered from the saloon by the bartender and Cesare Badalato with his two companions, crossed the street to Sculco's store to get groceries which had been previously purchased. They were followed by Michele Spano and his companions and as Badalato came from the store the fight ensued. In the fight Badalato was stabbed under the right arm and the wound caused his death a few minutes later. Guiseppe Frorillo, who was with Badalato, was cut over the eye and on the left breast, but his wounds were not serious, and he recovered.

Michele and Angelo Spano, Matteo Arvaro and Rocco Surrocco were arrested the following day and the next week evidence was presented to the grand jury and they were indicted for murder in the first degree, also for assault in the first degree, alleged to have been committed on Guiseppe Frorilllo. The trial of the defendanats on the charge of murder was had during the week commencing Oct. 24, and on Saturday evening at 10:30, after ten hours deliberation, the jury reported, rendering a verdict acquitting Angelo Spano of the charge and disagreeing as to the other three.

The second trial of Michele Spano, Matteo Arvaro and Rocco Surrocco was set down for Monday of last week, but at that time Mr. Wilcox insisted on a separate trial and the case against Michele Spano was moved.

The defense has been that the defendant was not present when the fighting occurred, but that he left the store when ordered away by Mary Sculco. They have endeavored to establish that none of the four men was present and that the stabbing was done by Guiseppe and Francesco Controni, whom they claimed and proved by witnessses were in McCutchin's saloon when the trouble was had there and that immediately after the occurrence neither of them were to be found in the city.

The evidence in the case was closed Friday noon and after a recess the attorneys occupied an hour each in summing up. The court delivered his charge to the jury, which retired at 4:15 in charge of Officers Butler and Algate. At six they came in for instructions. Foreman Lloyd Niles asked the court to inform the jurors the maximum penalty for manslaughter in the first degree. Justice read the definition of manslaughter in the first degree, and explained the difference between that and murder in the second degree. He then explained to the jurors that the question of the penalty was not for them to consider and that they were to find only as to the guilt or innocence of the defendant and of what degree he was guilty if found guilty. The jury then retired and were served supper in the jury room.

At 9 they returned and announced that they had found the defendant guilty of manslaughter in the first degree. Mr. Teepell's motion to set aside the verdict on the ground that it was against the evidence was denied.

Justice Rogers then addressed the jurors and said: "Gentlemen, you are excused from further attendance at this term. You have the thanks of the court for the diligent and careful manner in which you have listened to and disposed of this case. You are now discharged."

The official interpreter, Leon E. Valitutto, then announced to the defendant the verdict of the jury, and Spano said, "They have convicted an innocent man; Guiseppe Cotroni was the man who killed Badalato."

A pathetic scene was enacted in the lawyers' ante-room of the court room where sat the defendant in conversation with Mr. Valitutto while awaiting the verdict of the jury. The defendant produced a letter he received from his wife in Italy on the 24th of October. It had been Spano's intention to return to Italy this fall and he had written his wife that she might expect him. When she wrote the letter referred to she had not received a subsequent letter informing her of the husband's arrest and the charges against him. The letter expressed the deep gratitude of a devoted wife that her husband was to return to her after an absence of nearly five years in a foreign land. She said that the little ones at home would rejoice to see him and all were so happy that he was to return home. She expressed her love and devotion for her husband and instructed him to telegraph her when he would arrive in Naples and she would meet him there with the children. She added that the little ones would be so delighted to see their father that they would kiss his hands. The letter bid him adieu until she should see him in his native land.

As the interpreter read to him portions of the letter Michele Spano was a picture of anguish and despair. He swore before God that he did not commit the crime and that he was not present during the fight. Then he said: "I hope if the jury finds me guilty that it will be murder in the first degree, for I prefer to die and not disgrace my wife. She is young and if I have to go to prison it will ruin her life, and she will never be happy again."

Michele Spano has a wife and four children living in Italy. Their ages are 6, 8, 10, and 11. He will be 37 years old next February. He came to this country over four years ago and has since worked in various towns of the state. He came to Watertown May 19, 1904, and for a time worked for a contractor near the park. When arrested he was in the employ of Nick Cameol on the excavations of the Watertown Gas Light company.

Monday morning Michele Spano was sentenced by Justice Watson M. Rogers, to imprisonment in Auburn prison for a term of 19 years and 10 months at hard labor.

When court convened at 9 the court room was half filled with spectators, many women being present. Spano was sworn and in answer to the questions propounded by District Attorney George H. Cobb said he is 36 years old, has a wife and four children living in Italy, has a common school education, is a member of the Catholic church and his mother is living.

The court asked the defendant if he had any reason why sentence should not be pronounced, and he replied in the affirmative. Mr. Wilcox then addressed the court for the prisoner and said in part: "It is true that the jury has found this man guilty. Having been counsel for this man, having diligently sought the facts in the case under the direction of this court for four or five weeks and having labored day and night in this man's interest, I am still firmly convinced of his innocence." Mr. Wilcox then recalled the striking points of the evidence and on the question of identification pointed out how easy it is to be mistaken as to a man's identity. He then told the court that Spano had never given him any counsel in the case, not even the name of any witness who was present at the time the fight occurred. Mr. Wilcox said he had plead with his client to tell him just what occurred on the night of the murder and his only story has been that as told by him on the witness stand. He had plead with him to tell the story as Witness Charles Morrison had told it, that he was there fighting with clenched fists but his answer had been, "So help me God, I did not fight and I can tell you nothing else."

Mr. Wilcox concluded by asking the court to be merciful in pronouncing sentence and cited the words of a Roman emperor who said, "I count a day lost in which I have not done some deed of mercy."

Justice Rogers in pronouncing sentence said: "Spano, the sentence of this court is that you be confined at the Auburn prison at hard labor for a term of 19 years and 10 months. By good behavior you will be able to reduce this term materially; conduct yourself with propriety while you are in prison."

The sentence was communicated to the defendant by Charles Cornacchia. Spano still declared his innocence and did not break down as had been anticipated. His face was a picture of despair, with features firmly set.

With good behavior Spano will be required to serve but 12 years and 6 months.

Court was then adjourned to Saturday, Dec. 3, at 10 a.m., when a date will be set for the trial of Matteo Arvaro and Rocco Surocco, who were also indicted for the killing of Cesare Badalato. Whether or not Angelo Spano will be tried in county court for assault in the first degree will be determined this week.

Late Monday afternoon it was discovered that an error had been made in pronouncing sentence, as with the computation the defendant would be released during a winter month, which is contrary to statute. He will doubtless be resentenced Dec. 3, at which time a date will be set for the trial of Rocco Surrocco and Matea Arvaro.