The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-04-25
CLAIM SELF DEFENSE
That Is What JOleph Judge and Andrew
Smith ATe EHd0aVVTilS 10 Prove.
IGMULlHAS A VERY BAD MAN
That Is the Way Ex-Judge Stanton
Paints Rim-5oth of the Defendants
Went on the Stand and Swore That
Joseph Tomulnas and Charles
Block Made a Vicious and Unpro-
yoked Assault Upon Them.

All Of yesterday was consumed hear
ing evidence in the case of Joseph
Judge and Andrew Smith, who are on
trial before Judge Edwards IN the
main court room, charged with hav-
ing murdered Joseph Tomulinas Ia
Smith's house on Blair avenue, PARK
Place, on the night Of Jan. %
Mrs Smith, wife Of Andrew Smith,
sat near her husband all day and
watched the progress of the trial with
much apparent interest She Ia a
comaly looking young woman and
when she went on the stand to tgstify
in her husbands bahalf proved that
she had both spirit and Intelligence.
B0th Of the defendants were on the
stand yesterday afternoon Their tes-
timony was to tAe ofeot that tho kill
ing wss done in self defense Smith is
a small man. 81 years OF age, aud has
been in this country three years. He
appears to realizs much more clearly
than mis- companion the terrible posi-.
ton they are placed In.
Judge. or JurichsN rs he was called
before his name was Americanizsd, is
man Of medium siz' and athletic
uuili. He sat in court yesterday as
unmOyed as u granite statue until he
was called to tue stand, wnon he de-
veloped AN excltable temperament and
the interpreter found it difficult to curb
his flow Of speech so that his version OF
the crime might De intelligsntly trans
lated iJr the benefit OF the jurors
Judge served for Eve years in the Im-
perial Guard Of the Russian army
PROVED a BAD WITNESS.
The commonwealth made out =
strong case of uuiustii4bls homicide
until it called Anthony Lukoiski TO the
stand. lie was in Smiths house on the
night Of the trouble and took a hand in
the row which proceeded the striking
uf TOmuiEm with an ak Lupolski
told % story that made II appear that
tie killing wss done IN self defense
and cx-Juige Stanton, OF counsel for
the defense, remarked with much Ap-
parent subtraction after Lukotski left
the stand that hs was glad the com
monwealth had 1T las. produced a wit
ness who told the true story OF what
occurred at Smiths on the night OF
Jan. q.
Tho Gro. examination OF Anthony
Aluminas was completed after court
opened yesterday morning and then
| Coroner J. A. K"lIey was called to the
stand He described the condition OF
| Tomuluas' skull and brain As develope
| uy the post mortem examination Mr.
stanton wanted TO know II the wound
was necessarily fatal, to which ques-
| lon District Attorney Kelly iuterpo, I'd
au objection. After listening TO argu.
ment on the question Judge Edwards
decided to admit it stating that he
woul instruct the jury on that point
Mr. stanton thereup0l declined TO ask
the question,
Euoeh Pieter testified to seeing Tom
uliU8s hit with an Ak ny Judge When
the wounded man fell Smith kicked
him The next day witness told Judge
and Smith that they should be ashamed
of themselves FOR having struck Tomu.
lIuss with auaI Smith answered that
! the injured man got what he deserved.
aud ought 10 bs hlt with 40 n1 again
| Antuoay LukofskI WAS ths next wit
mesa called lie was in Smiths house
when the tro1oio blgln aud heard
Ju 20 say II was not nice for them &c
Dc fighting