Freeland tribune. (Freeland, Pa.) 1888-1921, 1901-06-28
TWENTY YEARS
GIVEN CAPECE
Murder Trial Came to a
Sudden Ending.

Prisoner Offers a Plea of
Guilty in the Second De-
gree and the Same Is Ac-
cepted by the Prosecution.
The Capece murder trial came to
sudden end yesterday morning. The
defendant withdrew his plea of not guilty
and pleaded guilty to murder in the
second degree. District Attorney Jones
accepted the plea and Nicholas Capece
was sentenced BY Judge Kelly to twenty
years in the Eastern penitentiary.
One of the jurors was taken sick and
needed the services of a physician after
court adjourned Wednesday evening
and next morning two others were i'll.
After court adjourned Wednesday night
the defendants attorney made a pro-
position to the district attorney Offering
to plead guilty to second degree. The
latter consulted Judge Kelly and on the
abNiac pohp Wlbh IJ} ltI
and Halsey, explaining the circumstan-
ces of the sick jurors and the wholly
crcumstantial evidence against the
accused. The judges agreed that the
district attorney could accept this plea.
Yesterday after the opening of court
the prisoner, his attorneys and his fami-
ly held another private conference, after
which Attorney Lenahan stated to the
court that they had decided to withdraw
the plea of not guilty and plead guilty
to murder in the second degree.
District Attorney Jones then made
statement that he did not accept the
responsibility of agreeing to such plea
until he secured the approval OF Judges
Kelly, Lynch and Halsey, That be-
cause OF the circumstantial 'ence,
the fact that three jurors were sick,
which would make the completion of
the trial very uncertain and might cause
re-trial, he thought the ends of justice
would be met by accepting the plea of
second degree murder.
Judge Kelly spoke along the same
lines and said it was proper for the dis
trict attorney to accept the plea under
all circumstances.
The prisoner was then called for sen
tence and when asked if he had any
thing to say his attorney, John M. Carr,
stated that Capece came to this country
thirty-six years ago, having been citi-
zen ever since. Was hard-working,
industrious man and accumulated prop
erty worth three or four thousand
dollars. Also that he raised a family of
nine children, educated them and sent
his oldest son to college. He asked for
mercy
Judge Kelly replied that the defendant
was very fortunate in escaping the
death penalty. That while the evl-
dence was circumstantial it was very
strong and would justify verdict of
first degree murder. That the prisoner
was guilty of first degree murder or
nothing, and that ii Capece killed De-
merio he did it with preparations, cool
ness and premeditation, what is called u
cold-blooded murder.
He said that the acceptance of plea
of second degree showed all the mercy
possible and that the court could not
Justify itself in imposing less than the
full penalty for second degree murder.
He then sentenced Capcce to twenty
tentiary at Philadelphia.
Then touching scene was enacted.
The wife and family of the condemned
man gathered about him and with tears
and sobs kissed and embraced him.
| The widow of the murdered man sat
back in the court room and she also
cried bitterly and embraced her little
fatherless son who was with her.
When the news of the sudden ending
of the case reached town it caused much
astonishment After the circumstances
became known the people seemed salts
! fed that the action of the district at
torney and the judges was the best that
could be done.
With no direct evidence at hand, the
county detective, aided by the very
good work of the local officers, did ex-
cellent service in the case.
Want to Be Mine Foreman.