The herald., 1893-11-04
'SH|cH BULLET KILLED FIRST /?
The Puzzling Problem Which
Wins or Loses a Fortune.
Taking of Testimony Begun in the
Sciscich Will Case.
win to Be Declared Void " Luco
Dcsicioh Exrired Before His
Murdered Wife-The
Mythical Will.

to solve the curious questions involved.
The jury was enabled to hear some in
teresting evidence relative to gunshot
wounds, and reflect upon the uncer-
talnties OF expert testimony.
The questions in the case have been
narrowed down considerably since the
case begun. By stipulation it was
agreed that Luco Sciscich first threat
ened. then killed his wife and himself
last summer, and that the sole point to
be decided is whether he or his wife
died first.
The Geographic will, purporting to
si@ye been made by Luco Sciscich two
oays before the tragedy, bequeathing
his 500, 600 or $40 900 worth of property
10 HE wiie's little son Paul, has been
withdrawn from the files OF the case
by counsel for the little fellow, and his
claim to baIf only OF the estate resta
upon the ability of council to prove to
the satisfaction OF the jury that his
etepiather died even as much as the
smallest fraction of second before his
wife.
Nv Luco Sciscich's will, executed in
1858, before his marriage with the
woman he afterwards murdered. he
devised bis property to his nephew John
aud other relatives.
/ 1t can be established that he died
first, it will work as a revocation of this
will. as it made no provision for his
vile and he did not afterwards make
any. Under the laws of this state she
would be entitled to half of the estate,
and her con would inherit his mothers
share.
As both husband and wife were found
dead within few minutes after the
ehots were fired, with wounds that
might have resulted in instantaneous
death in each, it is battle royal be-
tween the big array OF counsel.
The little innocent boy pratted away
yesterday in the arms OF his guardian,
Mr.. Parkovitch, not at all interested in
the fight that will either provide for
his future or make him a pauper.
Henry t. Gage made an opening state
ment for the contestant, stating, among
other things, that he expected to show
by experts and the circumstances that
Mre. Scscich lived for from three to
ten minutes after her husband had shot
her and himself, and that he died in
stantly.
An sged lady with trembling hands
ana quavering voice wac the trst wit
nees in the case, and gave the name of
Mrs. Mary Claffey. She lived in an ad-
joining house to the Sciscich'e, and
heard the shots, being at the time in her
back yard. She explained that there
was shot and scream, followed by
two more ehote in rapid succession. OF
the intervals OF time between them the
old lady wac very positive.
4 n 4 fsfp MT W r1Q a ii a ~ n N
cross-examlnation to show that Mrs.
Clsifey had been coached for the occa
sion, but she said sbe was only telling
what che heard and while her memory
was not good, she would never forget the
sound OF the shots.
DR.. L. X. Ainsworth testified that he
had performed post mortem examina-
tions upon both husband and wife.
The doctor found two gunshot wounds
on Mre. Sciscfch. One was in the chest.
The bullet entered from half to an
inch to the left of the center OF the
chest, cut through the fourth rib, went
through the left lobe of the lung, through
the heart and lodged under the left
shoulder blade.
The other wound was very near the
center OF the chin. 1t went through the
tongue and into the roof of the mouth,
quite far back.
II found on Luco Sciscich," contin-
ued the doctor, "a gunshot wound. The
entrance was in the right ear, and |
found the ball in the lett temple. 1t
had passed through the head and was
lodged outside of the skull in the tenn
poral muscles. There was hemorrhage
and laceration. The ball scarcely en-
tered the cranial cavity. There was
fracture Of the base OF the skull. There
was no rupture of the membranes COW
ering the BRAIN"
On cross-examination DR.. Ainsworth
stated that the wound in Mrs. Sciscich's
chest passed through the heart at the
base. He also said that he had not
found the bullet which entered the
chin.
There was fight between Mr.. Gage
and Mr.. York as to the admission of a
question involving the statement the
witness made at the inquest that he
supposed the bullet which entered the
chin lodged in the skull and possibly
entered the brain. But the question
Was allowed and motion by Mr.. Gage
to have it stricken out was denied.
The doctor added that the lodgment
OF the bullet was supposition upon
his part, because he did not trace its
EJutEo Will llukoI tuEtuoI bDhE buc
bnck part OF the roof of the mouth.
When Officer Harris was called Mr..
York stated that they admitted that
Mrs. Scisc;ch was killed by her husband,
who had also previously made threats to
kill her, and that he had shot himself.
But Mr.. Gage proceeded to examine the
witness, in the endeavor to bring out
circumstances favorable to his point OF
view.
Officer L. Il. Harris, after describing
hie being called to the house, finding
the doors locked, and breaking in the
back door, said: II saw little pool of
blood trickling along the floor. When
broke open the door | found Mr.. and
Mrs. Sciscich lying dead on the floor.
The woman was on the south side OF the
room, her head to the west. The man
was lying about northwest with his
shoulder resting on her left foot and
ankle. Her right foot was not under
him. and was drawn up about a foot.
The revolver was about foot from his
feet, in front of his feet. 1t was cheap,
36 caliber pistol.
II found little child there. Before
got in the room heard the child cry
ing. / saw the child before entered
the room.
The child was near the woman's right
shoulder. There WAS blood trickling
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