Monday, Mar. 29, 1926

The Matteotti Trial

Five prisoners on trial for "willful but unpremeditated murder" spent most of last week locked in an iron cage set up in the modest Court of Assizes at the little town of Chieti among the Abruzzi hills. The prisoners, who thus suffered only the normal confinement prescribed for dangerous criminals by Italian custom, were beamed upon by dark-eyed and fashionably gowned Italian Signoras, of whom there were dozens in the court. Other admiring females had presented them with especially woven Fascist black shirts. Their carefully knotted black ties and cool indifferent bearing suggested that no undue alarm surged in the breasts of these alleged murderers of Giacomo Matteotti, millionaire, Socialist, irreconcilable foe of Benito Mussolini (TIME, June 23, 1924).

The Matteotti murder (June 10, 1924), as everyone knows, seriously embarrassed the Fascist Party, resulted in the arrest of 25 Fascists, and gave rise to rumors which still brand Premier Mussolini with the suspicion of having instigated the assassination. One by one 20 of the more prominent arrested persons have been released by the public prosecutor or set free under the last general amnesty. Recently the wife of Matteotti withdrew from all participation in the prosecution which her attorneys characterized as "judicially and morally nil." Last week there began the trial of five men who are regarded widely as mere scapegoats. If convicted, they may be sentenced for 4% to 24 years.

Hero. Deputy Roberto Farinacci, Secretary General of the Fascist Party, was greeted by a band and the wildest enthusiasm when he arrived at Chieti to take charge of the defense. Robed in a handsome gown stitched together by patriotic female admirers, he received homage on all sides for daring to defend the alleged perpetrators of a crime so malodorous. Anti-Fascist lawyers had refused to undertake the defense, professing horror. Fascist lawyers had refused, lest Fascismo be tarred with additional infamy. Above such Roberto Farinacci soared.

He declared: "Since the Fascist Party is completely extraneous to the Matteotti murder, I, although Secretary General of the party, do not hesitate to assume the defense of the accused in my private capacity of barrister."

Since Barrister Farinacci has never before exercised his profession to the extent of appearing in court to plead a case, the "for- mula" under which he now appears was reverently admired by connoisseurs of legal quibbling. Suave, Farinacci remarked to the presiding justice, Signor Danza, last week: "I have never appeared before so courteous a judge." Bland, Signor Danza replied: "Nor have I ever listened to so able a lawyer."

Dumini. Whereas Signor Matteotti is alleged to have been kidnaped in a motor car and stabbed to death--his body having been recovered in such a state of decomposition as to make the cause of death uncertain--the testimony . of Amerigo Dumini, chief prisoner, in his own behalf, was thus:

"I plead not guilty to the charge of murdering Matteotti.... I admit carrying out the kidnaping with the help of some friends.... In September, 1923, I went, to Paris to investigate the murder of two Fascisti there. ... I discovered at that time that French Socialists were plotting the murder (which subsequently took place) of our Fascist comrade Bonservizi. They were plotting with Matteotti! . . .

"Then one day I was standing with some friends near Matteotti's house, in Rome. Suddenly he himself stepped out of his house. Visions of poor Bonservizi lying murdered swam before my eyes. Signaling my companions to help me, I sprang upon Matteotti, pushed him into the motor car and then myself took the wheel and drove rapidly away. I intended to take him to some quiet spot and question him concerning his share in the murder of Bonservizi. . . .

"When I had driven for some distance, my companions called to me from the back of the car to stop. I applied the brakes, turned around, and sav Matteotti all doubled up and vomiting blood. Five minutes later he was dead. Neither I nor my friends placed a hand on him, except to push him into the car. Fright must have brought on an acute recrudescence of the tuberculosis from which he suffered. . . .

Questioned as to why he believed that Matteotti was concerned with the murder of Bonservizi, he evaded. At length he said: "I know it is so but I cannot prove it."

The other prisoners introduced alibis tending to prove that they could have taken no part in either the kidnaping or the murder. Loudly they pleaded "Not guilty!" Resolutely they maintained then-entire innocence. Somewhat bored, the smiling Signoras concentrated their attention upon chief prisoner Dumini, young, clean shaven, born in St. Louis, U. S. A.

Witnesses. No one of the accused was identified by the numerous alleged "eyewitnesses," who described the kidnaping in lurid but greatly dissimilar accounts. They all professed to have seen a desperate struggle take place while Matteotti was being bundled into the car. Said one: "Matteotti kicked a hole in the windshield." Said another: "Dumini kicked Matteotti in the stomach." Said a third witness: "They fought so hard that I thought they must be moving-picture actors. But I didn't notice any camera."

Defense attorney Farinacci was not slow to pour out scathing words upon such witnesses. The trial continued. Cynics recalled a petulant remark made by Mussolini, just after the murder was committed and before the body was discovered :

"Those stinking Socialists are worried because they can't find their Matteotti. He probably ran away with some girl."

The testimony last week tended to show that the murderers buried Matteotti, using as digging tools a file and the crank handle of their motor. The corpse was eventually discovered by a dog.

The prosecution closed by demanding a verdict of manslaughter, saying that while it was unbelievable that Matteotti died of a brain storm, yet there was no premeditated murder.