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Jake and Andrew's rooms adjoined the home of their married bother, Joseph Maggio, and his wife Catherine. As Robert Tallant, a novelist and acknowledged authority on the Axeman indicates, on the morning of May 23, Jake woke up around four o'clock a.m. He realized he'd been startled awake by noises that sounded like groaning that were coming through the wall from the room where Joseph and his wife slept. Jake got up and knocked on the wall to get their attention, but failed to get a response, so he knocked louder. Again, nothing.
Now worried, Jake tried to arouse Andrew, but had difficulty, since Andrew was inebriated. Finally Jake got him up. Together they ventured into Joseph's home, and to their alarm, they found evidence of a break-in. A wooden panel had been chiseled out and removed from the kitchen door. It lay on the ground, the discarded chisel on top of it.
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Corporal Arthur Hatener arrived first, just ahead of the ambulance, but it was too late. Joseph had expired. As Hatener waited for backup, he questioned the Maggio brothers and then looked around for clues.
The Times-Picayune newspaper ran the story on its front page that morning, including a photograph of the death chamber—the bedroom in the home where the Maggios had lived behind their store. Married 15 years, they were grocers, operating a small store and barroom on the corner of Upperline and Magnolia streets. An investigation of the crime allowed the police to deduce that the brutal double homicide must have happened just before dawn.
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The coroner arrived and gave a quick estimate of time of death being a few hours before, between two and three in the morning. The victims were removed as a crowd gathered outside to watch. A woman who lived nearby stepped forward to tell investigators that she had seen Andrew outside during the early morning hours. Jake and Andrew were taken into custody for questioning. They swore they were innocent, but were locked up anyway. Jake was released the following day, but Andrew remained in prison.
Then the police learned that the razor used to cut open the throats of Joseph and Catherine Maggio belonged to Andrew. One of his employees had seen him remove it that same day from his barbershop at 123 South Rampart Street (newspapers said Camp Street). Visibly nervous, he admitted that he'd brought it home to repair a nick in it. Things looked bad for him, with two witnesses and a significant piece of physical evidence implicating him.
On May 26, two days after his arrest, he gave an interview to the Times-Picayune newspaper to the effect that he'd suffered so much from his arrest.
"It's a terrible thing to be charged with the murder of your own brother when your heart is already broken by his death. When I'm about to go to war, too. I had been drinking heavily. I was too drunk even to have heard any noise next door."
Although he had not mentioned it before, he did say that he'd noticed a man going into his brother's house around 1:30 a.m., when he'd come home. The police did not believe him.
They had found the door to the safe in Joseph's house open and the safe empty, which indicated a robbery, but money under Joseph's pillow and found in drawers was left behind, along with Catherine's jewelry, wrapped and placed beneath the safe. A black tin box, empty, was found in one corner. The brothers said that Joseph always kept the safe locked, but there was no sign that the door had been forced open. Investigators determined that the axe had belonged to the victims and they believed the killer was familiar with the layout of the house.
The coroner carefully examined the wounds to the decedents. In Joseph's case, the axe had been the primary weapon involved in his death, breaking through his skull, while Catherine's throat had been slit open from ear to ear with the razor.
A few days after the bodies were found, Andrew was released from prison. Despite the witnesses, there was insufficient evidence against him, and soon another discovery would point to a different suspect—one who had eluded police before.



