The murder had been committed during broad daylight, in a crowded room, and indeed, the prisoner confessed his guilt, and only pleaded gross provocation as an excuse.

There was no proof, however, that Avanzi had used irritating language; and even if he had, too long a time had elapsed between the supposed offence and the revenge taken, for the excuse of provocation to hold good.

Indeed, as the sentence of the court argues, in somewhat pompous language, "Woe to civil intercourse and human society, if, contrary to every principle of reason and justice, an attempt to enforce one's just and legal rights by honest means, were once admitted as an extenuating circumstance in the darkest crimes, or as a sufficient cause for exciting pardonable provocation in the hearts of criminals." The tribunal too considers, that the crime of the prisoner was aggravated by the fact, that his mind remained unimpressed "by the horrors of his residence, or the dreadful aspect and sad fellowship of his thousand unfortunate companions in guilt, or by the flagrant penalties imposed upon him, for so many crimes." On all these grounds, whether abstract or matter-of-fact, the court declares the prisoner guilty of the wilful murder of Avanzi, and sentences him to death.
On the morrow this sentence is conveyed to Simonetti, who appeals.

With considerable expedition the Supreme Tribunal meet to hear the case on the 23rd of September.

The prisoner alleged before this court that his indignation had been excited by improper proposals made to him by the murdered man, and it was on this account their partnership had been dissolved.