Freeland tribune. (Freeland, Pa.) 1888-1921, 1901-06-26
CAPECE TRIAL
IS GOING ON
Freeland Murder Case Now
Before the Court.
Prisoner Accused of the As
sassination of Rudolph
Demerio Last March An
sWering the Charge.

Nicholas Capece. of Freeland, was
placed on trial for his life on Monday,
charged with killing Rudolph Demerio,
a fellow countryman, at Frceland on
March S, 1901. The case is being tried
at Wilkesbarre before Judge John p.
Kelly, of Scranton. District Attorney
Jones and Abner Smith are for the com
monwealth, while the prisoner is being
defended by John L. Lenahan and John
NJ. Carr.
The killing with which Capece is
and cold blooded crimes ever perpetrated
in Luzerne county. On the morning of
| March s last, Demerio left his barber
shop on South Centre street about 10, 30
O'Clock to visit the postoffice. Three
doors above his home on Centre street
was the store of Capece and as Domerio
was passing gun was discharged from
cellar window. The charge, which
consisted of buckshot, struck Demerio
in the right side and sixteen of the
missiles tore their way through the body,
penetrating the body and causing almost
instant death.
In his opening address to the jury
District Attorney Jones stated that
under the evidence the commonwealth
would produce there could honestly be
no other verdict except murder in the
first degree. The murder, he said, took
place in the morning on Centre street,
the most public street in Freeland. The
commonwealth, he said would show
that Capece and Demerio, who were
BARRIERS with shops less than 100 feet
apart, had been on bad terms for sew
eral months and that Capece had been
heard to say that he would kill Demerio.
Capece, as it would be shown, on the
morning previous to the murder had
sent his little son to a store to buy a
particular kind of buckshot. The boy
could not get it and then Cepece went
out and visited three stores, finding in
the last one the particular kind of
buckshot he wanted.
The next day, Tuesday, Demerio left
home and he was passing Capcce's place
a shot was fired from Capece's cellar
window and Demero, who was ten or
twelve feet away, fell dead.
On the post mortem examination, MIR.
Jones said. sixteen buckshot were found
in tho dead mans body of the same kind
purchased by Capece and when the
latter was searched at the jail more shot
of the same description were found on
him. Capeco and his young daughter
were the only ones in the hsuse and the
little girl ran down stairs, as it would be
shown, and found her father with his
gun. In the cellar in pile of ashes,
footprints were found which fitted tho
overshoes worn by Capece. The over
shoes were also smeared with ashes.
The work Of selecting a jury was
taken up and proceeded rapidly. Fol-
lowing is the list:
Thomas Wynet, contractor Shick-
shinny.
Carl Seyerson, printer, Wilkesbarre.
II. M. Naugle, farmer, Lehman town
ship.
Isaac Allen, gentleman, Plains town
ship.
r. M. Hughes, brewer, West Pittston.
Matt Long, agent, Hazleton.
Joseph Blackman, bookkeeper, Halle
ton.
w. A. Mason, machnist, Halle town
ship.
H. C. Moycr, conductor, Wilkesbarre.
Charles Kline, miner, Conyngham.
Minor Mayer, laborer, Plymouth.
DR.. w. w. Brackett, the first witness
called, said he was sent for Immediately
after the shooting and found Demerio
lying on the floor of his shop dead. He
also assisted in the post mortem exami-
nation. He said he found sixteen separ-
ate wounds on the right side of the chest
tracted five shot while the deputy coron.
er extracted seven others. The shot
were offered in evidence. Several OF
the missels had penetrated the heart
He pointed out on Mr.. Jones the point
where the missiles had entered and
where those that went through the body
came out. The shots he said entered
the body at lower point than where
they came out and the direction through
the body was upward at angle of about
fifteen degrees.
Mrs. Rudolph Demerio, widow of the
murdered man, was called. The woman,
who was weeping considerable part