The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-10-28
SEVEN YEARS IN PRISON
Sentence Imposed on John Vishnishi
for Numbering Felix Davidzak.
HIS YOUTH MAS IN HIS FAVOR
Attorney Mckinley Made an Eloquent
Plea for Clemency-JudGe Guuster's
Remarks in Passing Sentence.
Special Torn of Court Ordered.

was exempilfied Saturday by Judge
Gunster who imposed a comparatively
lenient sentence upon John Vishniski,
the 2O-year Polish defendant convicted
of murder in the second degree for the
crime of shooting and killing Felix
Davidzak Feb. 3 last, at South Wyo-
ming avenue and Maple street, South
Side.
Vishniski was sentenced Ito fine Of
81 and seven years in the Eastern PEN
ftentiary. IAN abatement of one year
will be allowed for good behavior.
thereby making the period of imprison-
ment six years. Attorney M. A. Nc
Ginley, who SO ably defended Wish
riski, made an eloquent appeal for ju-
dicial clemency. He Informed the court
that some witnesses had been found
since the trial, whose testimony would
have been very material to the defend
ant and might have changed the jury 8
verdict.
Mr. Mckinley referred to the youth
of the defendant and his de-
meanor during the trial, that
he appeared to be anything but a
vicious person, and one Of criminal In
stincts. He trusted that the court, In
imposing sentence, would take into
consideration the youth Of the defend
that since he came to this country as
boy he has had to shift for himself;
that he is the only son Of q widowed
mother.
Remarks in Passing Sentence.
| In passing sentence Judge Gunster
admonished the prisoner that, though
he Is a very young man-just entering
| the threshold of ilfe-he had the blood
| of an innocent man on his head. The
| court doubted that the jury would have
| found a verdict less than first degree.
| but for the youth and inexperience Of
| the prisoner, and that such matter
| raised a reasonable doubt in the minds
of the jurymen. He hoped that the
restraint would have very salutary
effect on the prisoner and teach him to
be lawabIlding.
Judge Archibald handed down an or
| der that a special or adjourned term OF
quarter sessions be held for two weeks
| beginning Monday, Dec. 90 next, for
| the purpose of trying issues in GRIM
| inal cases, and transactlng the other
| business or court; and a venire for the
summoning of sixty petit jurors is di-
rected to issue returnable on the said
23d day of December at 0 o'clock a. m.
And a further venire is directed to is
sue for the slrmmoning of sixty petit
| Jurors Dec. so, at 9 a. m. All parties
and witnesses bound to recogniZance TO
| appear at the regular December ses-
sion of court shall be bound to fur
| ther appear at the adjourned session,
but aldermen and constables are not
required to make returns thereto. All
recognizances to appear taken after the
meeting of the grand jury in November
shall be returnalble to the regular term
of court in January following. as
though the special court had not been
| ordered.
! Para agra phs Of Court Ncws.
| Arguments on the rule to strike off
| the appeal in the award of the arbitra-
tors in the case of Attorney /. H.
Burns against Attorney Cornelius
Smith, and on Mr.. Smiths rule to open
Judgment in the same award. were con.
tinued until next argument court.
| Deputy Prothonotary Myron Kasson
for s101 purchased at sheriff's sale the
property and franchises of the Oily
phant Sewerage company. The sale
| was made on a Judgment of $3.50
held by E. NJ. Jones against the COM
pany. The time for acknowledging the
conveyance was fixed as Monday, Nov
1.
In the state OF Thomas Walsh, OF
Carbondale, letters of administration
were granted to James F. Walsh.
The polling place Of the Fourth ward
Of Dunmore. was fixed by court to be al
the house of Mrs. Bridget Burke, OF
Drinker street.
C. j. Thomas was appointed taxcol.
lector OF Dalton borough to fill va.
cancy in that office.
Judge Archibald appointed the follow.
Inspector, Second district, Fell town.
ship. ]. w. Wilce; judge, First district
Thirteenth ward, Il. G. Krugerman
judge. First district, Third ward, Car.
bondale Oscar Morgan.