The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-02-19
ROST0SKY Case OPENED
Attorney John N. COrbctt Outlined
the Facts TO the Jury.
TESTIMONY OF EYE WITNESSES
Coroner Kelley Described the Wounds
That Caused Clutc's Dcath-All Eyi.
dcncc Shows That Murder Was
Result OF Drunken Brawi.

uSucc SnOWS lnat Murucr was
Result of u Drunken Brawl
Attorney John NJ. Corbett opened the
Rostosky murder case to the fury yes
terday morning ON the part of the COM
monwealth, and Coroner j. A. Kelley,
or this county was the first witness
called. He testified to the condition of
the murdered mans body. on cutting
the scalp a piece of bone as large as
the palm of mans hand fell out of
the skull The brain showed marks of
compression, and the wound was about
two inches wide and from eight to ten
inches in length. A large blood clot
was found and that was the cause of
the mans death. The coroner gave as
his opinion that the wound was caused
with a blunt instrument. Judge Al
bright Is presiding at the trial of the
case.
John Sileski was an eye witness to the
assault upon Clute, the murdered man.
He was passing the house and he saw
Joseph Clute pushed out of the door
Some one struck him and when he was
down Sylvester Rostosky, the defend
ant, came out and struck him on the
head with n base ball bat. A man named
August Miglin was upstairs in Ros-
tosky's house, and just before the at
tack on Clute. Miglln fired several shots
out of the window. The witness was
cross-eXamined very searchingly by At
torney O'Brien for the defense John
Schwartz, of Wilkes-Barre, was the
commemorative interpreter for all the
y.,If N.rtt ..l.sI
ner sat at the defendants table to make
sure that the answers would be given
correctly. RostOsky, the defendant, is
rather handsome in features, above the
medium height and weight and well
built. There was a rosy color in his
face Notwithstanding his long confine-
ment in jail He was much interested
in the testimony of the commemorative
witnesses, but did not appear to be very
uneasy.
ROstOsky Used the Club.
Mathew Smith was another witness
who saw the alfray. He went into Ros-
tosky's saloon the morning of the mur-
der and Clute. the murdered man, was
drinking at the bar with "a man named
Joseph Bidunas. A quarrel arose over
Wv ie'''i'il VI pay ms iHt uIIIlhs,
and Mike Rostosky advised Clute to
treat and he would call IT square. Clute
refused and received II blow or n stick
on the head. Mike dropped the club
and picked up an AK. Sylvester Ros-
tosky then picked up the club and dealt
Clute a blow on the head with it. The
blow knocked Clute to the ground and
appeared to have killed him. The club
that was used was shown to the witness
and he identified it.
| Justice Of the Peace Mccormick OF
Blakely borough was the next witness
for the commonwealth. 1t was before
him that the preliminary hearing was
held. The justice asked the prisoner
whether he was guilty or not guilty,
! ana at the same time reminded him
that he did not need TO answer and in
crlminate himself. But Rostosky took
no heed of the precaution and admitted
that he struck Clute with a club. on
cross-eXamlnation the witness stated
that the prisoner mentioned the fact
at the hearing that there had been Il
hot fight at the house.
| Dominick Degurts was the next wit
ness. He abides at the Ridge and the
district attorney asked him if he had
| been at the Rostosky saloon on the
Sunday morning of the murder. He an
swered no and was withdrawn.
County Surveyor on stand.
County Surveyor Dunning prepared
a map of the place where the crime was
| committed and he exhibited the draw
ing to the jury and explained the de-
tails of the place.
Joseph Biddo, who was mixed up in
the fight and received very serious
wounds, was the next witness. He
went to ROstoskys saloon on Saturday
night and remained there until the next
morning. The night was spent in card
| playing and drinking beer. Mike Ros-
! tosky, who conducted the saloon, asked
the witness If he did not intend to treat
before he left for home. mo" said
the witness, II have no more money,
and anyway, | treated twice"
well, I'll treat you" said the pro-
prietor, and he went behind the bar,
| got club and hit the witness on the
head with it. The proprietor then
| locked the door. Sylvester Rostosky.
the prisoner, went into the back room
and got an axe and a half of base ball
bat. Clute was standing near the door
and the defendant opened it, pushed
/ Clute out, and at the same time hit
him with the club on the head Clute
fell forward on the porch and rolled
off to the ground. Mike Rostosky took
up the axe and notified all I'm the house
to get out or there would be some
scalping.
on cross-examnation the witness
was asked If he had billiard cue i'm
his hands, He picked 1t up, he said as
soon as Mike Rostosky hit him with
the club. Witness broke the cue on
the bar instead of hitting Mike with it.
He denied that he struck Rostosky at
all. He also denied that he broke any
windows in the house. He said that
Rostosky's bar room was as quiet as n
prayer meeting until Rostosky hit him
with the club. but after he got outside
he admitted that he took up stone no
bigger than an egg, threw II at the
door, and although the stone was no
larger than an egg, 1t broke the door
the rest of the crowd was stoning the
house.
The reason they We're stonlng Ros-
tosky's house was because Sylvester
had struck Cmte with the club and
Clute was lying on the ground like one
dead.
COUNTING THE POLES.
n.Is