The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-04-24
killed With An Ak
Joseph Judge and Andrew Smith on Trial
for Murder.
T0MULINAS Was Their victim
Judge Struck Him on the Head with
an Ak Fracturing His Skull-The
Ak and Portions Of the Skull Pro-
duced in Court-TestimonY That
Was Heard Yesterday Before Judge
Edwards-Dr. Sullivan's Evidence.

The trial OF Joseph Judge ami An.
drov Smith, charged with the murder
OF Joseph Tomuinls, in Park Place.
one night about Feb /. last, WAS begun
before Judge Edwards in court room
No 1 yesterday morning. The com
monwealth is represented by District
Attorney Kelly anl Attorney Fred r.
Stark, whils tho accused men are de-.
fended by ex.Judge Stanton. Nearly
the entire foruoon was occupied in the
selection Of jury. Just before noon
the case was opened by District Attor-
ney Kelly,
The first witaess called was John
Block. He aclSnowlelged being at
Smiths house on the night Of the dis.
turbancs. H,sail "a number OF men were
there Three men WHO came in from
another house were eiected Then n
man from Green Ridge dropped in and
Smith hit him oysr the head with n
beer glass, but dpologiz'l later. Then
Dhe crowd dispersed. Block also started
home, but seeing Judge running from
the shanty to the house with an ax9 IN
his hand, the witness turned back and
followed him Smith, Tomulinas, Lu-
lwskl and Others were still in the
house. The witness saw Judge strike
Tomulnrs on the mead with the aka,
Telling him to the floor. Block caught
hold of judge and asked him what be
was doing "Why DO you want to kill
the mani he asked.
Ak OFFERED IN EVnENCR
The prosecution then offered the AK
in evidence. Then the witness stat ed
that Smith kicked the Injured man in
the head and also stabbed Block twice
with butcher knife. The witness
exhibited tho cuts IN the coat he had
ON, which, he swOre were mlde By
Smith. Judge Stanton subjected Block
TO % severa cross--Nlmlnation, e!icitiug
from him the statement that he was
drunk 40 the time
DR. Sullivan was the next witnuss
called TO the stand He was summoned
10 attend Tomulinas few days after
be was injured. He found a badly
aceratei wound on too side Of tue
head the skull was also fractured and
there were slight contusions on the
face and body. The skull was much
depressed anl the wound discharged
copiouIy re was called on the even
ing o. Feb 4 aud performed m opera
ton on the morning Of Feb. T. remoy-
ing pieces OF bone taat pressed upon
Bpi irriiatsd the brain. Attended the
patient Ten duys, when he died. on
cross-exlmiuation, Dr. Sullivan was
Isael IL IN his Judgment the wound
WAS necessarily iathl2 His reply was,
"lt proved 80. When pressed further
for his opinion he stated that he would
refer the defendants attorney to DR..
Kelley, tho county coroner, who made
Hn autopsy on tho dead mans body.
lie was asked II Tomulinas did not
have skull Of more than ordinary
thickness? NO. was the reply, and
the doctor took from his pocket small
vial containing the fragments OF bone
ho removed from ths fracture al the
time he performed the operation.
SAW THE Ak USED
Antony Al.omo was the next wit
usss he also was at Smiths house on
the night Of the row Saw the three
men elected sl,or which Smith and
Aatouy LotSosky sat down by the
stove and drank peer
Tho mau got into a dispute and
I0mulinus struck Smith with stick
Ju lgs then got an axe and hit Tomu.
linus on the head knocking him down.
smith also kicked tho PROSTATE form.
After the evidence Of this witness had
Ocsu taken Judge Edwards adjourned
court for the day.