Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-09-30
GUILTY OF MURDER.
The Jury Finds First-Degree Verdict
in the Helmstetter Case.
A PLEA OF SELF-DEFENSE MADE
Joseph Zappe Breaks Down and Claims he
Isan Innocent Man.
HIS BROTHER ANGELO INDIFFERENT

Guilty of murder in the first degree was
the verdict of the jury in the Helmstetter
case. A conclusion was reached at o'clock
last evening, and the jury reported to
Judge Kennedy at $40. Joseph and An
gelo Zappe, the prisoners, were brought
over from Jail and placed in the prisoners
box to hear their fate. About dozen per-
sons outside of the jurors were in the court
room. Among them was w. b. McGsry,
one of the prisoners attorneys.
When the jurors had been seated they
were polled by Clerk McGunnegle, after
which Foreman Carey announced their YER
dict. He said: 'We find the defendants
Joseph Zappe and Angelo Zappe guilty of
murder in the first degree" The jurors
were then dismissed and the two prisoners
were remanded to Jail to await sentence of
death. The verdict was something OF sur
prise, though the general expression OF
opinion was that it was a just one.
The prisoners did not realize the meaning
of the verdict until it was explained to
them by Mr. McGary as they were being
returned to Jail. They maintained their
stolidity, however, until their cells were
reached. Then Joseph Zappe, the younger
of the two, gave way to his emotions, and
gestioulating and weeping exclaimed that
ing and went direct to bed.
Not Long in the Country.
The men are brothers and came here from
Italy a couple of years ago. Angelo, the
eldest, is about 46 years of age and Joseph
is % years old. Both are married and have
families They belong to the laboring class
and are rather understood men.
The trial was the first one for Judge Ken
nedy since he has been on the bench in
which first degree verdict was rendered.
This makes four men now in Jail who
have been convicted of murder in the first
degree and who are awaiting final DISPOSE
tion of their cases. The other two are
Dennis Cloonan, the wife murderer, whose
case will come up before the Supreme Court
next month, and Frank Gerade, who muir
dered his stepdaughter. Gerade has been
tried and convicted twice. On March Is
next he will have been in Jail three years.
1t will be year in November since the
motion for a new trial in his case was made
and argued. and which Judge Ewing has not
yet given his decision on.
The trial of the men for the murder of
Frank Helmstetter was completed in Grim
inal Court yesterday morning. The first
witness examined in the morning was John
Phlor, the last witness for the Common
wealth. He saw the first of the fight and
saw the deceased fall into Oxley's arms.
A Plea of SeIf-Defense.
W. M. McGary then opened for the de-
fense in a brief speech, in which he said
they would show how the killing was done,
and that the defendants were not guilty.
Annie Zappe, wife of one of the defend
ants, was placed on the stand She said
Joseph, her husband, was home with her
Until the fight began between Mrs. Helm |
'tetter and Mrs. Reardon. The first she |
heard was Frank Helmstetter yelling for |
sDago blood" outside. Mrs. Helmstetter |
vas irving to make peace, and her husband !
hen her husband came out. Mrs. Zappe
aw no stabbing. After the fight the only
,erson she saw blood on was Angelo Zappe,
nd he had his ear cut
Mary Mulvaney, Hannah Reardon, John
seardon and Joseph Zappe were next
allied in the order named, and each told
ractically the same story as the first wit
ess. Court here took recess until
clock.
At the afternoon session Angelo Zappe,
he other defendant, was placed on the
tand, and he related the entire circum-
tance of the stabbing. He said he had gone
ut in the midst of the fight; that Helm
letter caught him by the throat and forced
lis head back, choking him until his tongue
three inches. At the same time
1rs. Helmstetter hit him on the head and
ut his ear. 1t was at this point he said he
rev out pocket knife and stabbed Helm
letter twice. He said he feared that he
vas about to lose his life.
Braddock for the Prisoners.
This concluded the testimony, and Mr..
,raddock addressed the jury for the de-
ense. He spoke for over an hour, dwelling
articularly on the selt-defense feature Of
he case he tried to establish.
District Attorney Burleigh closed the
ase for the Commonwealth. He endeav-
red to explode the selt-defense theory set
p by the counsel on the other side, claim
ng that it would not have been possible
or the defendant to have inflicted the
rounds in Helmstetter's body with pen
nife, as one of them was three inches deep
nd the other five. He asked for a first
egree verdict.
Judge Kennedy charged the jury, defining
o the usual way, the elements of murder
nd the law bearing on the crime. He
hen reviewed the evidence In the case,
nd said the jury might render one of four
erdicts, first or second degree, voluntary
or acquittal. The charge
'as considered very fair, although thought
v some to be rather strong for conviction