The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1889-11-02

and evidently made for him a good
impression on the jury. The turnkey
of the jail swOre that KOta was
scratched and torn about the face
and neck when received into his Gus
tody.
Thomas Malachowski said that he
resided i'm La Sale and just across the
street from the boarding house where
Kota and Bartelnwiki were lodged.
He had been on the stand the day be-
fore, but was recalled. He now
swore that he was at home on the
night of the murder and at a little
after ten o'clock heard sounds of quar-
relling and went over to see about it.
Arrived before the men came out OF
the house and hung about the door
for about five minutes. He did not
know Barteinwiki very well, but had
worked with him as a partner in a
room in the coal shaft several months.
He saw George Barteinwiki, Frank
and Kota come out of the house and
commence to fight. From what he
could see, George did not do anything
TO kota. About ten minutes after
they came out, Kota struck the de-
ceased twice. Both Frank and the
boarding house man were present. On
cross-eXaminati0n the witness rather
queered his story by saying that he
was not there until after the fight was
over. Just how he could reconcile
this with his story, the defense could
not hope to explain.
Mrs. Jacob HalcOwski said that she
lived on the other side of the alley
from SwetlOck's boarding house, and
heard KOta say to George: "Wait, you
dogs blood! III give it to with a
knife" She had seen Kota once or
twice before that. He had come to
her house. She recognized him by
his voice. She later remarked that
when Kota spoke he did not use any
ones name.
Staney Jankowski said that he lived
in La Sale, just across the block
from Swetlock's boarding house. He
said it would be impossible to see the
fight that took place in the alley from
the back door of the HalcOwski estab-
lishment, as a tight board fence inter-
vened. If Mrs. Halcowski saw the
fight from her back door, she must
have been croSs-eyed.
Questioned further, witness said
that Frank had told him that he had
hurt his hand on chair when thrown
in the wrestling bout with KOta, and
had got mad and went for KOta with
a chair. Upon Kota's picking up a
chair Barteinwiki had interfered and
they were put out.
Frank Ayers, late turnkey at the
Jail, testified that he received KOta
when the latter was placed in contine-
ment. He recognized the clothes
worn by KOta as those worn on the
day he was received. There was blood
upon them, and he could see blood
upon them now. KOta's neck and face
were badly scratched when he came.
Joseph Kota was then placed upon
the stand, and all attempts to shake
his testimony were unavailing. He
said that he was playing cards in
Staney JankOwSki's saloon on the
night in question, Sunday, May II,
with Frank Ziakowski, StaDey and
another man. Barteinwiki sat close
by and watched the game. He left
before the party got up and went over
to Malkowski's. He (kota) and Frank
followed soon after. When they got
there they ordered a can of beer and
drank it. Then he and Frank began
friendly wrestling match, and Frank
was thrown, hurting his hand on a
chair. Then Barteinwiki jumped up
and said he must not hurt Frank and
began to fight him. Frank then
picked up chair and hit him, and
when he picked up chair, Malkow-
ski put them out. He fell back off
the porch and the deceased began
fighting him. Deceased hit him
across the back with a board and
threw him down. They finally stop
ped fighting and Barteinwiki went to
his boarding house. He followed five
or six minutes later, as his nose was
bleeding aud he stopped in the alley
to stop the blood. When he got to
the boarding house, Frank was in the
front room and was crying about his
hand. He had worn Franks shirt
that day because he had not clean
one. When he entered, Frank ex-
claimed:
"You dogs blood, you hurt my
hand; take off my shirt"
He took the shirt off and laid in on
the bed and went into his own room to
90 to bed. Soon after Barteinwiki
came in and began fighting him,
throwing him on the bed and taking
him by the throat. Then Frank came
in and he got up. Both men began
pounding him. George (Barteinwiki)
yelled:
"You dogs blood, will give you
knife!"
At this, SwetlOck came in and threw
them out of the house. He went out
first, Frank next and George last
When George came out, he cried:
'Where is he?" (meaning Kota.
Both men again attacked him and
George came at him in front and
Frank in the rear. George had a big
knife in his hand and had raised it to
strike, while at the same time Frank
struck him with his fist on the back of
the neck. He then pulled out his
knife and struck George twice. George
turned and went toward the house,
Frank and Swetlock helping him in.
He then went in, got his hat and start
ed up the street. He had not gone
far before he was arrested by police
man. The officer asked him why he
did it and he told him it was because
two men were at him. The officer
called another man to his assistance
and took him to Jail. There had been
no old feud between him and George
md no had npvpr had anV trOllhle with