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Updated: June 8, 2025
We are told, that "the confession of Starna is confirmed by a thousand proofs;" that "it is clearly shown" that Starna "in this confession did not deny his own responsibility; a fact which gives his statement the character of an incriminative and not of an exonerative confession; and that though he might possibly have wished, in his statement of the facts, to modify and extenuate his own share in the crime, yet there was no reason to suspect that he wished gratuitously to aggravate the guilt of his comrade;" and that also taking into consideration the villainous character of Volpi, it cannot be doubted, that he was the principal in the crime.
"Considering," nevertheless, "that though Starna was an accomplice in the crime, from his having assisted Volpi, and from having, by his own confession, shared in the booty, yet that his guilt was less, both in the conception and in the perpetration of the crime, there being no proof that he had taken any active part in the murder of Ugolini," therefore, "in the most holy name of God," the court sentences Volpi to public execution, and Starna to twenty years at the galleys.
Volpi is arraigned by the public prosecutor on a charge of wilful murder, accompanied with treachery and robbery, while Starna is only brought to trial as an accomplice to the crime, not as a principal. Before the actual guilt of either prisoner is ascertained, the public prosecutor, that is, the Government, decides the relative degree of their respective hypothetical guilt.
These appear to have been all the facts which could be established against either Volpi or Starna by positive evidence, and, at the worst, such facts could only be said to constitute a case for suspicion.
In those days it was the home of the Davizza family. The Davanzati bought it late in the sixteenth century and retained it until 1838. In 1904 it was bought by Professor Elia Volpi, who restored its ancient conditions and presented it to the city as a permanent monument of the past.
The only ground of appeal brought forward is one which, according to our notions of law, should have been brought forward from the first, namely, that the guilt of Volpi is not adequately proved by the unsupported statement of his accomplice Starna, and "that the evidence which corroborates this statement, only constitutes an a priori probability of his guilt."
Being belated on his road, he resolved to stop over the night at the house of a certain Andrea Volpi which lay on his road, and where he had often slept before. On the following morning, about eight o'clock, he left Volpi's house and went on his journey towards Viterbo.
According to this confession of Starna's, on the morning of the murder he called by accident at the Volpi's, and stopped there, till after the tinker, who was an entire stranger to him, had left the house. They walked quickly to avoid the rain, which was falling heavily, and shortly overtook Ugolini, who exchanged a few words with Volpi about the weather, and then turned off along a bye-road.
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