406 THE AUSTRIAN DOMINATION IN ITALY. 



This is much ; but the details of the system of conducting criminal 

 prosecutions, and the artifices which are resorted to to entrap the un- 

 wary and to extort a confession of guilt, exceed in oppressiveness and 

 injustice any of the preceding details. 



" It is peremptorily ordained by the 337th section of the penal 

 code, that the accused shall not be allowed an advocate to defend 

 him, or be made acquainted with the names of the witnesses who de- 

 pose against him." And by the regulation before-mentioned, it is 

 the same judge who accuses, defends, and condemns. The presence 

 of two individuals, to witness that the questions are taken down as 

 they are put, is all the protection accorded to the prisoner. 



In the case of Silvio Moretti, the judges caused a report to be cir- 

 culated among the crowds of prisoners who thronged the prisons in 

 1821, that he was dead. Believing him to be beyond the reach of 

 Austrian vengeance, his companions were led to make out a case for 

 themselves at his expense. No sooner were the judges in possession 

 of the depositions than they resuscitated Moretti. In vain he de- 

 manded to be confronted with his accusers ; in vain his companions 

 retracted their allegations, Moretti was condemned to fifteen years ot 

 the carcere duro in the fortress of Spielberg. 



The artifice practised upon Borsieri to obtain evidence against 

 Gonfalonieri was of a still more unprincipled description. A docu- 

 ment, said to be the hand-writing of the latter, was subjected to his 

 inspection. It contained several facts adroitly connected with cir- 

 cumstances materially false, and bore the signature of the supposed 

 writer. Struck with the coincidence of the facts of which he had a 

 knowledge, Borsieri in his surprise admitted them to be true. His 

 confession was construed as applying to the whole and every part of 

 the written document. On discovering the trick, he protested 

 against the duplicity of which he was made the victim, and retracted 

 his admission of the serious parts of the charge. But this did not 

 prevent his being condemned to five years of carcere duro, while 

 Gonfalonieri was sentenced to death, commuted into carcere duro for 

 life, by an act of imperial clemency. One more instance and we have 

 done. It is perhaps the most extraordinary on record. To punish 

 thought as a crime is a refinement of cruelty and oppression reserved 

 for the Austrian government. Piero Maroncelli,, the friend of Pel- 

 lico, was arrested at Milan in 1820. When the tribunals of police 

 and criminal procedure had failed in making out any case against 

 him, the emperor directed him to be handed over to a special com- 

 mission. Eighteen months were consumed in torture and investiga- 

 tion, but the special commission was as unsuccessful as the former 

 tribunals. At length the president, Baron Salvotti,* bethought him of 

 an expedient. " I am going to put an hypothesis to you," said he, 

 " and you will answer me sincerely. If Italy, instead of depending on 

 many petty absolute governments, was united under one independent 

 and constitutional, would you prefer such an one to those at present 

 existing ?" On the prisoner protesting against being subjected to such 



* S.ilvotti is a Tyrolese, and nephew of a celebrated brigand guillotined at 

 Mantua by order of Buonaparte. 



