The defense of Gaetano Bresci - Francesco Saverio Merlino

You will not do justice, revenge will do
by Francesco Saverio Merlino

The defense of Gaetano Bresci made by his anarchist lawyer, the Court of Assizes in Milan: a page of history and legal high.

Francesco Saverio Merlino

Lawyer Merlino – Mr President, before we begin, I am forced to ask her to want to make a note in the report, the Representative of the PM, in his submissions, argued that Bresci had an accomplice, and spoke of a telegram and of acts which refer specifically to the trial of the accomplices of Bresci. Since this condition can have an influence on the fate of appeal against an earlier we will state that we order for this court, performance of a task demanding that the defense make a note of it in the minutes.

President – Will do.

Lawyer Merlino –Citizens jury! The friendly greeting that the representative p.m. wanted to address not only my colleague as a representative of the Milanese court, but to me, time off, saying too many words to explain my presence at this counter. I do not come here to take my political convictions: I come to fulfill a sacred duty which is that of defense.
Unfortunately, in certain circumstances, and run to the excesses and exaggerations. And one of the excesses, one of the exaggerations that have made their way on this occasion is that you should do without all the usual formalities of a trial, which were distasteful to the requirements of the law, that he hardly needed a defender, not necessary to trial, the trial and punishment should follow the crime as the lightning rats (movement of the audience).
Now this is an exaggeration, let me tell you, unworthy of serious men and a civilized people (new movements in public).
We must preserve under all circumstances, even in the most serious, our calm and our dignity, and we must give to the civilized world proof that we know to respect the rights of justice, which we fulfill our duty, without being overwhelmed by feelings of hatred and vengeance, no passion, which may veil the mind and mislead our opinion.
Unfortunately, the intrusion of alien passions in the present because it turned out, even in the indictment that you have just heard.
Inasmuch as the Attorney General believed to have to tell you that your forbearance would be a jarring note in Italian plebiscite of pain. He has felt it necessary to allude to other previous similar processes, and here and there gave to see some concern of a political nature.
You must banish from your minds these concerns: you have to administer justice with calm and serenity. And the same moderation that we were recommended to us by the prosecution table, I dare to recommend it to you.
Because, do not think that with excessive verdicts, the sentences repress the crime is heinous. We have the evidence to the contrary, precisely in the past to the present facts, to which he alluded to the PM No! The serious crimes are not an obstacle in the repression. Some serious crimes, like the present, responding to serious social problems (movementsin the public).
And these social problems must be studied and resolved with love and conscience of all good citizens. No, it is worth serious fall above this one that can hold more willing to sacrifice their lives for an idea that is also wrong in their minds, from carrying out their purposes, and it is a dangerous illusion to believe as we do , which severely hitting a crime, we will prevent others. Dangerous illusion because it distracts us from starting real remedies to social ills that afflict us are revealed in the crime.
The district attorney said that he would not enter the discussion of anarchist theory, nevertheless he has made statements that I can not let go, for the consequences he has drawn, and that you too can draw with respect to your verdict.
He said today that the crime is the crime of anarchy, anarchy is that the path traced by atrocious misdeeds, that he who was the leader, the inspirer, the master of anarchism had only one goal: destruction, that the anarchist party is comparable to the sect of ascisci, led by Old Man of the Mountain, Paterson is that even the citadel of the anarchists, who held public conferences where there discussed the individual fact, there is published a newspaper entitled "L'Aurora" and that this newspaper is openly condoning the regicide.
Now, all these statements are not substantiated by any evidence and do not respond to the truth.
The regicide is not, can not be an anarchist principle. Killing a man being he a king, a head of government, or your opponents can not solve any social problem.
Regicide, first, and long before it was practiced by anarchists, and note well, only a few anarchists (just now I will tell you the reasons why these anarchists are using this means of struggle), the regicide, even before the anarchists, has been practiced by all other political parties.
You know the story better than me, and I need not remind you that they resorted to regicide the royalists against the Republican government leaders, heads of the Republicans against the monarchy, the Catholics against Protestants, Protestants against Catholics: the regicide have used the seven that they intended to end any political regicide was considered in certain circumstances, for better or worse, as an act of good war. It is not an invention of the anarchists, is an idea that occurs to the mind of men who are fighting against a given social order, which had the illusion of hitting that order the social person who represents it externally.
I do not want to prolong this discussion, reading an entire speech delivered in the middle of an Italian deputy Subalpine Parliament in 1858, in the aftermath of the attempted regicide against Napoleon III by Felice Orsini. That was the deputy Brofferio. He delivered that speech (which is a real apology for regicide) to the applause of a good number of his colleagues.
And he quoted all those who have made the apology in the history of regicide. And you know who he quoted? He quoted people from all walks of life, writers, politicians, poets, even the fathers of the church, quoted the Bible, where Judith is praised for killing Holofernes, he quoted Cicero ... And finally, these quotes can be found in the Sermon on the statement made by the Brofferio own opinion about the regicide. Which is this: "Much more serious lawsuit - says Brofferio - move Mr. Della Margherita. You hear, gentlemen, your words above Felice Orsini. Felice Orsini was able to find in Paris evoked with a French noble accents, before he died, on his head the sympathies of Europe. "Felice Orsini attempted the life of Napoleon III and his lawyer Jules Favre, with noble accents, says Brofferio called his boss on the sympathies of Europe. "And you had - Brofferio adds - in the Italian Parliament, to find an Italian who at the foot of the gallows called him a criminal!" Brofferio denied that Orsini was a criminal.
And after that, you are telling me that are the anarchists who invented the regicide?
True, some anarchists attempt on the life of one of the head of state. And we constantly ask ourselves this question: "How is that they are anarchists, but especially Italian anarchists, and even more particularly Italian anarchists emigrated from their country?" The anarchist principles are the same, whether they professed to be English, German, French , or Italian: nevertheless we see this big difference: the anarchists of the other countries will not resort to regicide: only Italian use it.
Here it is necessary that we resort to the causes of these facts, because from them we can take the elements for an assessment more equitable, less exaggerated, even in respect of the accused ...
For certain the explanation is simple. Italian anarchists are the most bloodthirsty anarchists belonging to other nations, for the same reason for which in Italy is committed more murders than in other countries.
This explanation does not convince me. It is true that they are committed in our country, unfortunately, more murders than in other countries, but are the murders of momentum, passionate, while deliberate, major crimes, the major killers are probably more frequent in other countries than by us; certainly more in France than in Italy.
Now we are precisely in the case of murder is not a passion, but premeditated, in the case, if I may use the expression, the great crime.
A second explanation that is given by some, was also mentioned by the accused: the economic hardship of our workers, exacerbate uneasiness, excites them and lead them to acts of rebellion.
Now I dare not even agree with that. Do not ascribe the causes of this crime the economic hardship of the workers, for the simple reason that workers who are facing very sad but there are too many conditions in other countries, migrant workers are the poorest of the Italians, Hungarians, Scandinavians, the Chinese , the Irish, who also meet in the great immigration countries like the United States. Do not be explained as among all these workers of different countries, which are all in great economic hardship, Italians simply can think of using this medium to react against their sad economic conditions.
These reasons do not explain then the fact, and the problem remains.
There are others, which give us the key to the riddle, and I say runs the debt.
Next of all, to speak particularly of the regicide, we must consider two factors: the historical and political. The historical factor is this: in Italy are still alive the traditions of different absolute governments, so the trend in the population, to personify the State Government in the King: we Italians do not even have the political education of other people do not understand how complicated is the Social gear: we need to simplify our conception of the state and in the state we see him as the head of it. So if you need more of a relief, believe necessary to address the real bounty: If others get wrong, reasons and says that ultimately the author of this wrong first and foremost must be the head of state.
And this conviction, which comes from tradition, is unfortunately encouraged by propaganda that is being done every day for the return of government to be abolished regimes: the absolutist propaganda ... (movements of the audience) ... which echoes a certain press, and that does not meet by the court, no repression. In the newspapers often you read phrases like this: As it would be good that the King would send home the deputies and governs him alone!
What other effects can produce in the minds of highly educated people do not these claims other than to confirm the prejudice that the King wanted, he alone can provide for all the affairs of the beautiful country of Italy, adjusts them all according to an ideal principle of fairness and justice that serves to remove any reason to complain?
It is absolutist propaganda that has helped to strengthen the conviction that the King must answer for all the ills suffered by the populations (movements).
To this we must add another important fact, and you will see and say in your verdict if the error is actually in the mind of him (pointing to the accused) is responsible only to him or be used by others, and I would say almost all universality of the citizens of Italy (agitation in the audience).
And this other fact is that we have actually crossed an acute period of our political life.
There was a time when, in the words of the accused, it seemed that our freedoms were in danger, it seemed that the great law of the State was only the salvation of the Government: it was held that for reasons of necessity and supreme defense of its existence, the government had the right to tamper with the laws, to violate the statute, to create special courts to put martial law and do whatever came to mind to the President of the Council of Ministers. (Agitation is growing in the audience).
We left out of the land of freedom, we have recourse to violence, yes! The government resorted to violence, and do not be surprised if the example of violence, coming from above, would cause a reaction to the bottom of society, if there were those who believed another need, that is, to oppose the violence of the Government to private violence. (Signs of ill-repressed disapproval in public).

Procuratore generale – I think that this ...

Lawyer Merlino –This is the political factor in anarchist delinquency in Italy. But another reason more special must be given in defense of the accused: the treatment that has been done to the anarchists in this country. Why, note well, gentlemen of the jury, as you want to paint in lurid colors the principles of the anarchists, this is not so in England everyone is free to present his theories to hold the conference the PM mentioned you, and the police intervenes. It does not happen in England anarchist bombings, as with us.
With us, however, it was established in the beginning, that the anarchist has the right to publish or print newspapers, or to speak in public or in any way to explain their beliefs or to form a partnership with his fellow faith, anarchists do not have the right to exist as a party and as individuals are persecuted like wild beasts by the police, who believe ... (shaking hands in public).

President – Attorney, see to remain strictly within the limits of the cause (Approvals vivid in the public ... attempts to applause)

Lawyer Merlino (excited) - I appeal to civilization ...

President – I warn the public are not permitted signs of approval and disapproval, and, renewing, I'll clear the room immediately, and will proceed behind closed doors.

Lawyer Merlino –Mr. President. I think I'm exactly the extent of the case, when I answer the arguments of the prosecution representative. The D.A. spoke of a citadel of anarchists, Paterson: I can tell you with documents in hand, how it is formed. In Italy, in Ancona, and properly so, we published a paper called "L’Agitazione - The Wave" and the director or editor was a man who you all know by name and also a word which is made in this process: Errico Malatesta. Well, in this newspaper - and the numbers I have here, I can go to the representative of the charge (because the problem is serious and deserves to be studied in many respects, not only those of the current process) - in this newspaper Malatesta said specifically: do not ask that we anarchists can do our propaganda to the extent that we are permitted by law: to establish ourselves in the association and to participate in the working classes who make attempts to improve their economic conditions and to be respected as all other political parties in the exercise of public liberties.
You know how you responded to the propaganda of the strictly peaceful Malatesta and his companions in Ancona? They responded with a process for criminal conspiracy, and when the magistrates of Ancona in the first instance, and then on appeal, the accused absolved stating among other things that was brilliantly proven their high morality, the government sent out to pick them up and confine them in the islands!
Malatesta had to risk his life to regain its freedom, and then went to London, then to Paterson.
I am convinced that he has made the defense of regicide, but at the same time I know that he will not have sung the praises of the Italian Government. Here is how it explains the citadel of the anarchists.

President – I ask again, lawyer stick to the cause..

Lawyer Merlino – This is the cause.

President – No, it's not the cause.

Lawyer Merlino – With its persecution police pushes some of the anarchists, the most impulsive, to react: chasing them from their country away to them the means to fight in the political and legal environment and create their ...

President – I can not let it continue at this rate: is the legal part of the cause and see to make and possibly conclude.

Lawyer Merlino – The legal side of the case is precisely this: the artificial environment in which he mentioned the PM in which these people are forced to live.

Prosecutor – I have not talked about this! I said, the defense will say that the environment of Paterson might have contributed to demoralize the accused ...

Lawyer Merlino – My defense thesis is tied up and it is this: we all know by now that the crime should be measured at a collective like a different individual of the crime. Much has been said of the murder of the crowd and there are not only authors but also the judgments of magistrates, they consider that the crime committed in a crowd has done a mitigating factor in that. But, if I demonstrate that there actually is an artificial environment in which these anarchists are together, linked by a common persecution, and will enhance each other and one of them is to take a resolutions of this kind, I say, you cannot be strict with him, because if you look back at the causes of his crime, the cause, the cause of action first will see those who oppose his ideas, have denied the right to be granted to every citizen to profess principles, which believes the right of peaceful struggle for the implementation of its ideals. (Noises in public)

President – Attorney, do not stop the benefits of these arguments. I ask one more time to come to the conclusion.

Lawyer Merlino - Mr President, I think I'm having to insist.

President - You have no right to insist. You can not come here to blame: you can not come here to make propaganda.

Lawyer Merlino - Because I am in, I do not do propaganda. You see that I have discussed the principles.

President - If no apology will be propaganda. You stops on certain arguments a little too much and with too much passion, so see to proceed to the extent strictly necessary to the defense of the accused. (Approvals vivid and poorly repressed by the public)

Lawyer Merlino - Too much passion is a sign of the depth of my conviction.

President - It is, but keep strictly to the cause.

Lawyer Merlino - the rest I would observe that this view was also held before the Assize Court of Naples by the distinguished lawyer. Tarantini, a process exactly the same.

Attorney General - The Tarantini argued the opposite.

Lawyer Merlino - Precisely: nevertheless I am right to invoke his example and explain it ... this apparent contradiction. The illustrious Neapolitan lawyer argued that the fact need to replace because, if not recover consciousness that the cause of regicide in too much freedom and too much education, and however, I believe in little or no latitude given to some people and some parties. So, if it was within the limits of the cause represented. Tarantini, I seem to be too.

President - On the contrary.

Lawyer Merlino - Mr President, gentlemen, what is the political crime? It is the appearance that an individual or a few individuals do things against the existing regime. And I'm the first to recognize (in this discordant opinion of well-known authors), that the political crime in itself has a real moral content, because you do not have the right to rebel against the will of the majority of the nation and to impose a regime change through violence. This must be recognized in any political regime, even tomorrow, if we had another one, maybe, the Socialist. It is necessary that those who have opinions contrary to the existing state law on claiming their views through peaceful propaganda, as long as those opinions to earn the universal consent and impose. This matter, however, that you allow such a propaganda. To prevent the crime there is only one way: freedom for all opinions. When freedom is denied to certain opinions, when you commit the majority abuses and injustices, then necessarily, you induce also the minority out of the ground of law, to violate that freedom that you violated.

President - Mr. lawyer: here there is no abuse or violence of any kind. See to stick to the cause, to tighten the arguments, to abandon some of his theories, you can explain them elsewhere. You must treat the cause legally, leaving aside certain elastic theories.

Lawyer Merlino (excitedly) - You, Mr. President, did not interrupt the PM when he also mentioned theories ...

President - The p.m. never EXCEEDED.

Attorney General - I have talked about facts, not theories!

Lawyer Merlino - And in fact I'm talking about facts.

Attorney General - You come to think of political crime, and I am to confuse the political crime with the murder of the King!

Lawyer Merlino - Precisely, "it is a political assassination."

Attorney General - Killing a man is always a murder. (Benissimo! Approvals vivid by the public ... Sounds bad repressed).

President - Let be silence ... I beg you once more, a lawyer, to enter into and conclude. You have said enough on this issue. Come to the office, if you like, and then concludes: otherwise I will be forced to call back another time to order and to use other measures that you know.

Lawyer Merlino (excited) - Before the President come to this decision, I want to be included in the record my thesis.

Attorney General - Do you think it is moral, according to him, but he supported the justification of political crime! I ask myself that you enter in the minutes.

President - on the record that fits the lawyer. Merlin is a long time of theories designed to justify a political crime, and that the President shall call to order for the second and the third time.

Lawyer Merlino - pray that fits.
Mr.. Merlin asked, insist that it be placed on record that he supports this thesis: that among the causes of crime attributed to Bresci there are causes of a general nature and that these causes of a general nature should be taken into account in measuring the liability due to the same Bresci.

President - Give the lawyer act. Merlin of this statement and then nothing.

Lawyer Merlino - As you see I am unable to perform the concept that I had tried to penetrate your minds, namely that in this case you must take into account all factors which could determine the Bresci to commit regicide, although perfectly legal, my thesis, I was forbidden to carry it out, because some of my sentences necessarily have impacted the beliefs of the PM.
I conclude therefore that no remains.
We must distinguish two things completely different, the vengeance from justice.
Revenge is a simple retaliation of injury, justice is a restatement of the law through the examination calm, cool, rigorous and minutes of all responsibility.
Now in this case is constantly in conflict with the feeling of revenge sense of justice. Perhaps this excess in all the cases, but a little 'more to this idea runs to the need to avenge the murder in an exemplary way.
But you must keep them from this influence, you must be imbued with your duty to make pure and simple justice.
If you were to take vengeance, oh! Then certainly there would be no need for the solemnity of this trial.
If you were to take vengeance, oh! Then it would be justified in addition to Bresci are also affected his brother-in-law, friends, co-religionists, the inhabitants of his native country, which are made mass arrests in Italy, (vivid noises ... growing unrest in the audience) and processes are manufactured through an association of criminals against innocent people ...

President (strongly) - But this is not done in Italy.

Lawyer Merlino - This is revenge. But you have to do justice in this sense: that you must give him his real responsibilities.
He is guilty, yes, he committed a crime, do not deny it, and must make atonement. But given his past, due to causes that briefly exposed unto you, given all the influences that have acted on the soul of him, deny you what you have given us so many times even the parricides, even for defendants who did not have his good record, had not been dragged from a misconception policy, including individuals born criminal, perverse men who, if they could still have an hour of freedom, had committed other heinous crimes?
Hence there is no escape: either you apply to him the principles of common law, the ordinary courts and not have to do is ensure that imposed the maximum penalties of not less than the death penalty, the abolition of which leads you proud, indeed much more barbaric and cruel because it is perpetual agony.
If, however, your verdict will be what you ask the PM does not do justice, you will revenge, what will you not worthy of a civilized people. (Multiple movements).