The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-04-26
IS Nearing THE END
Judge Edwards Will Deliver Bis Charge 10 The
Jury This Morning,
ARGUMENTS OF The ATTORNEYS
They Were Delivered by ex-Judge w.
H. Stanton and District Attorney
keIly-Testimony Heard Yesterday.
Cases Heard in Court Room No. 2
Before Judge ArchbaId-One Plea
of Guilty Entered.

Cases Heard in Court Room No. 2
Before Judge Archbald-One Plea
of Guilty Entered.
Today the fate OF Joseph Judge aud
Andrew Smith will be passed upon by
u jury. The closing testimony was
heard yesterday morning and the af-
ternoon was consumed by the pleas to
the jury Judge Edwards will deliver
his charge this morning. The CON.
monwsalth is not pressing for verdict
OF murder in the first degree and attor
neys who have listened carefully to the
testimony in the case express the belief
that the verdict will be manslaughter.
Both of ths defendants ware in court
all day, Smith, as usual, taking great
interest in everything said aud done /;
Judge apparently indifferent to what
was occurring about him Mrs Smith
Bat close to her husband during the
day, but they never exchanged word,
the attention of both appearing entirely
absorbed by the proceedings. Elk Judge
Stanton has made an able defense OF
the men.
THE CLOSING TESTIMONY.
After court opened yesterday morn
Ing the cross examination Of Joseph
Judge, one of the defendants was re-
sumsd by District Attorney Kelly. He
said he 10 ~ years Of age and was born
In Poland. He has been In America
less than q year, In answer to the
questions of Mr. Kelly he described iu
detail the events that led up to the hit
ting OF Tomulinas with the AK Judge
declared that he delivered the blow to
protect himself from Tomulinas.
Joseph Yankosl1i swore that he saw
Judge strike Tomulinas on the shoul-
der when the latter was trying to get
into the shanty, ami Mike Bernard tes-
titled to the appearance Of judges per-
son and clothing after the fight, With
that testimony the defense rested, and
Police Sergeant NJ. +, Spsllman was
called by the commonwealth for the
purpose Of rebuttal
Mr. Spsllman said that assisted by
Officer Gsischiedls hs arrested Smith
and Judge after the fight They were
taken TO Providence station house aud
subsequently 10 the oilioe OF Alderman
Williams for a hearing
ADITssioS MADE ~ SMITH.
When arranged, Smith manifested a
desire TO tell the story Of the troable
and was cautioned by DR.. Sullivan, the
alderman aud the witness that any
thing he might say would be used
against him on the trial Of the case
Alr stanton objected strsnuously 10
the admission OF what Smith said, but
after the matter had been argued pro
and con, Judge Edwards decided to
admit 1t.
Mr. Spellman then said that after de.
IcriOipg the fight In detail, Smith told
them that after Judge had hit Tomu.
linas with the nx, the latter fell. bat
Immediately got mp again and bit
Smith twice with RStisk. Then Smith
knocked Tomulinas down aud kicked
him. William McGreevy and Officer
Gsisehsidle oorroborated the testimony
Of Sergeant SpellmAn with regard to
the admissions insde by Smith in the
Aldsrmsn's office. ,Simon Parogetis
and George Smith also testified that
Smith told them ne had kicked Tomu-
linas That ended the testimony in
the case.
MPEAcHING SMITHS QREplBILlrY.
The obj ect OF introducing the teStI-
mony In rebuttsl was to impsach the
crsdibility OF Smith who swors whom
on tho stand that he did not kick Tom.
ulinsG He also testified on Tuesday
that Tomnlinas WAS 10 the house when
struck by the AK While In bis sistsmeut
before the alderman he said that tue
assault took place outside Of the door
OF tbs shanty.
After ths testimony was all In, court
adjourned for the noon recess aud
when II reeonTeaad sx-Judge Stanton
began his closing address to the Jury
IL wsa q forcelul and able effort the
speaker lGboriug TO exouerat0 Smith
from all blame for the killlng and TO
conYincs the jury that Joseph Judge
struck in self defense the blow which
ended the earthly career OF Joseph
Tomulinas IL was crime, the ppaaksr
said, which Judge was compelled 10
commit His life was inparilled and
no had 10 deliver that blow in order To
escape himself Mr.. stanton spoke for
two hours aud was listened 10 with
much attention by the jury aud the
large crowd in tho couT. room. -
DISTRICT ATTORNEY KELIY.s ARGUMENT
Mr. Kelly attacked the idea Of self.
defense 80 strongly urged bY Ar. Stan.
ton as justification for Judges act. He
said that there was nothing in the tss
timonY, IL impartially considered, 10
warrant the belief that it was mecca
sary for Judge to kill Tonulinas to
protect himself. Human life, ho said.
was too sacred to b. sacrificed to rspell
slight assault He then contrasted
the personal appaarauc9s aud physiques
Of Judge aud bis victim, holding that
man OF judges stature and physical
strength should have no difficulty Ia
preventing himself from rsosiving Sc
sious injury from a. man like Tomu
iinas unarmed, as lie was. with any
deadly weapon. -
Mr. Kelly spoke for one hour, giving
clsar Hnd lucid presentation of the
eommonwealth's side OF the case. He
said it asked for no victims and desired
none. hut that the law must be i'm.
partially enforced to the end that
peace may be preserved and ths proper
consideration given to the sancitity OF
human life. IL WAS 4.50 when Mr..
Kelly closed aud Judge Edwards de-
cided not to charge the jury until this
morning.
BEFORE JUDGE ARCHIBALD.
Ii court room No. yesterday morn,
Ing the jury in the assault and battery
case of Frank Shanlsy, charged by Ed
ward Humphrey with assault aud bat
terry, brought in verdict of not guilty
mud directed that twO.thirds of the cost
be paid BY the prosecutor and one.third
by the defendant
Miss Minnie Masters. a petite young
lady, was arrsigned before Judge Arch.
bald, charged with larceny by bailee by
Guernsey Bros. " 10 alleged that Miss
Masters obtained piano from the