The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-04-19
Jury Held Him BlameleSS for Shooting Mich
ael Costello, Of MinOOka
NOT 50 With Wolf DOERNER
Jury Found Him Guilty as Indicted.
Michael Yutsko, of Olyphant, Tried
on Two Charges-West Side Off,
GER Arraigned on Charges of AS
sault and Battery and Pointing Fire.
arms-FalIon Pleaded Guilty,

the trial of the case was resumed be-
fore Judge Archibald. McDermott was
called to the stand and gave his version
of the shooting. He said that on the
day of the trouble Costello and his
brother-in-law, John Dolan. were
throwing stones at witness house.
They had smashed windows and were
battering down the doors when wit
ness commanded them to stop.
No attention was paid to his COM
mand and he obtained his shotgun and
fired at Costello's feet for the purpose
OF driving away the besiegerS Flo had
no intention Of killing or seriously
%wounding Costello when he fired. The
jury believed MsDsrmott's story aud
acquitted him.
Michael Yutsko. an ELEPHANT butch
er. was the next defendant arraigned.
He was charged with receiving u Whit
tietree stolen from Sylvester Williams.
This whiiils.Ise was Of a special kind.
1t was designed and made by Williams.
who wal as proud OF it rs was Tubal
Cain Of the first plowshare he forged.
That it might be duly observed he
painted it a delicate blue.
WHERE WILLIAMS SAW 1T.
After the whiflstree disappeared.
Williams says he saw and recognized it
on Yutsko's wagon, although its beauty
had been somewhat marred by a dingy
coat Of brown paint. Notwithstand-
ing this disguise, he recognized il.
Yutsko denied that the whitfltree
had ever belonged to Williams He
said the only whitflstree he ever had
was one he obtained from George Pro-
kepovitch. He produced 1t in court,
but Williams declared 1t was not the
same that he had seen on Yutsko's
wagon. At 245 the jury retired and
returned some time later with q verdict
Of guilty.
Yutsko was immediately afterward
arraigned on 4 charge of assault and
battery preferred by Thomas MCGOWAN.
of this city. MCGOWAN is q huokster
and last August. sold r basket of
peaches to Yutsko. The latter wanted
to keep the basket and when MCGOWAN
refused to let him have it an altsrca-
ton followed and Yutsko launched
what MCGOWAN termed a Sulliyanic
blow which landed on his neck. The
defendant claimed that MCGOWAN WAS
! the sggressor and was responsible for
the trouble that occurred. He denied
having struck the prosecutor with his
fist or having picked up stones as
charged by MCGOWAN. Yutsko was
defended by Attorneys George S. Horn
and II. L Taylor. He was found not
guilty and the defendant directed to
pay costs.
SMITH OF PRlCEBURG ON TRIAL
Barney Smith, of Priesburg, was the
last person called for trial before Judge
| Archibald yesterday. He was charged
By John Sickofski with assault and
battery. Attorney John E. Scragg
plead the case Of the accused before
the jury and ex-Juigs w, H. Stanton
labored to secure a conviction. The
| prosecutor and dsfendat are relatives
and the trouble occurred at the home
Of Smith after a season Of beer drink.
ing and festivities. The case was given
to the jury at 4.3O.
Yesterday morning the jury in
the Wolf-Boernor case came in
with a y verdict of guilty OF fslouious at
tempt to kill Police Officer John
Johlsr.
James Fallon plead guilty to a
charge Of having assaulted his wife,
Mary Fallon. He WAS fined 81 costs
and directed to enter 500 bail to keep
the peace towards mis- wife for six
months.
CHARGE AGAINST OFFICERS.
Before Judge Sittssr in No. 9 Con.
stable Henry Burschell, Of the Fiji
| teenth ward, and Special Officer John
Davis we're arraigned charged oy Mrs.
Anthony Scrukl with assault and bat
terry and pointing fire arms. The
woman's husband refused to pay his
taxss aud at the instance Of Collector
William Morgan the goods in his house
on Price street in the Fourth ward
were offered for sale and notices advsr-
Using the fact posted. These notices
Mrs. Scruki tore down aud q warrant
was issued for her arrest for that Of
fense.
On Aug. 20 last she says that Con-
stable Burschell, Officer Davis, Col.
lector Morgan aud II, Fl. Roth entered
hsr house to take her into custody.
She was sick aud lying in bed and
could not go with them, Thsreupon
she alleges that Davis pointed a re
yolver at her and struck her on the
breast with 1t while Burschsll put nip
psrs on her wrists aud dragged hsr
around her room. At the time her
husband was in Jail for the same Of
Tense for which they we're trying to ar
rest her.
DEFENSE DENIES CHARGE.
The accused denied having used Mrs.
Scruki in q rude. or violent manner.
Constable Burschell said he had prior to
August Is made two attempts to arrest
the woman and each time she had
thrown dirty water on him. When
the party went to her house on August
20 and found Mrs, Scruki i'll and in
bed they withdrew without Offering
any ~indignitiss to her person. Con-
stable Burschell's story with regard to
what occurred at the house on August
90 was corroborated by other members
OF the party. Attorney e. II. Soper
concluded the prosecution and Attor-
ney G. Comegys appeared for the de-
PENDANTS. The case will go to the jury
this morning.
The trial of William and Annie Pas
quinaS, charged by Mrs. Rosana Pran-
cikina with assault and battery, was
resumed yesterday morning before
Judge Sittser. The case was submitted
to the jury at II o'clock and 1t returned
In a short time with a verdict of not
guilty. An equal division Of the costs
was made between prosecutor aud de-
PENDANT.
-
silver Given Away.