Freeland tribune. (Freeland, Pa.) 1888-1921, 1901-06-26

son, curley headed little fellow about
years of age. The commonwealth
offered to show by the woman that
there had been quarrsls between her
husband and the prisoner and that at
about eight or nine months ago the two
men had words and that Capoce threw
stones at Domerio. The defendants
attorneys made a vigorous fight to keep
the testimony out, but were overruled
by Judge Kelly.
Mrs. Demerio said that at 10. 30 o'clock
on the morning OF the shooting her hus-
band left his shop to go to the postoflice
She heard shot and, running to the
door, saw her husband lying on the
ground in front of the Capeces shop,
! Just three doors away. When she
reached her huband's side he was dead.
Last summer, she said her husband
and Capece had words about chicken
and Capece threw stones at her hus-
band. Seven years ago, she said, they
lived in Capece's house for a period of
three months. The two mon were
friends at that time, but Quarreled two
days before the Demerio family moved.
Since that time they had not been on
good terms.
Attorney Lenahan at this point moved
that the evidence of the witness regard
ing the quarrels be stricken out, but
the court overruled the motion. Mr..
Lenahan then cross-examined Mrs.
Demerio at length.
When she left the stand at o'clock
court adjourned for the day.
YESTERDAYS TESTIMONY.
Elmer Anthony was the first witness
called yesterday morning. He swore he
knew the defendent, talked with him
about the dead man nine days before
the shooting, and that Capece said he
would fix Demerio some day.
Edward Wagner, hardware mer-
chant, swore that Capece want to his
store on March and purchased buck
shot. Some of the buckshot he sold was
shown in evidence. The shot taken
from the body of the murdered man was
also shown. Both samples of shot look
ed about the same size and very much
alike.
Mrs Mary Rohrbach, OF Freeland,
testified that the day before the shoot
ing she was in Wagner's store and that
Capece came in and purchased half
pound of large shot.
Joseph Brkbeck said that Capece
entered his hardware store the day
before the shooting and asked for a half
pound OF shot. Showed him two large
sizes, but he said they were not large
enough. IL asked him what he wanted
snch large shot for and he said there
was some animals stealing his chickens
| said No. or No. 1 shot would kill
animals, but he wanted big shot and
left"
Charles NJ. Seeshotz, a clerk in William
Blrkbeck's store was called to show that
Capeces son called at the store the day
before the murder and asked for buck
shot. The evidence was objected to.
Bart Goungman, a civil engineer,
identified a map of Freeland borough.
1t was offered in evidence to show the
locality of the crime.
Il. III. Herbst, photographer, identl-
fled number OF photographs of the
scene OF the shooting taken shortly
afterwards.
Joseph Martini, sixteen-year-old
boy, who lived between the Capece and
Demerio homes, said that on the day
of the shooting he was standing
at window looking across the street
and saw the dead man pass. The
next moment he heard loud shot, look
ed and saw Demerio reel on the side
walk, turn to the left, stagger back a
few PAGES and drop to the sidewalk.
Witness said he noticed pane OF
glass out Of the cellar window of
Capece's home after the shooting. He
said a few days before the shooting the
pane was in the window.
Harry Drum swore he was walking up
the street about 10. 80 o'clock and heard
the report OF a gun; looked across the
street and saw a.man fall on the side
walk; saw smoke around the mans
breast. He turned toward Capece's
barber shop as he fell.
Frank Berdie also swore he heard a
noise like gun shot and saw Demerio
fall Heard him call twice and saw
smoke around him.
John Rugans told of hearing the shot
and when he looked out saw Rudolph
Demerio lying on the sidewalk. When
he reached him the man was dead.
. Francis Miller told of hearing the shot
and seeing Demero fall
Jacob Sosnowski Sarah McNulty,
B and Albert Weiss testified to seeing De-
merio fall.