The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-03-16
SEVEN Years FOR MURDER
Sentence Imposed Upon John Sylyes-
ter ROstosky.
WEAPON MAS A BILLIARD CUE
Judge Albright, Of Allentown, Inflicte
the Penalty and Was Mcrciful-Plcas
for Clcmency Made by Attorneys
Stanton and OBricn.

Judge Edwin Albright, Of Allentown,
sentenced John Sylvester ROstosky yes
terday at noon to term of seven years
penal servitude in the Eastern peniten-
tiary at Philadelphia for the murder of
Joseph Clute, at the Ridge, in Archibald,
on Sunday morning, Sept. II, of last
year. Rostosky was recently tried at
Il special term of oyer and terminer
court and the commonwealth. repre-
sented by District Attorney John X.
Jones and Attorney John Nj. Corbett,
contended strongly for a verdict of
murder in the first degree. On the
other hand ex-Judge w. II. Stanton. as
sisted by Attorney Joseph o. Brien, con-
Quoted strong defense.
The crime for which the defendant
was called to answer for his life was
surrounded with circumstances that
tended to eXtenuate 1t and remove from
it the elements of first degree murder.
The attorneys for the defense main
tained vigorously that the act was JUS
tifiable and done i'm defense of the
mans home and life.
Rostosky's brother, Andrew, kept an
unlicensed saloon and boarding house
at the Ridge. The defendant boarded
with him The Saturday night before
the murder number of Polanders
came to Rostosky's house and began to
gamble and drink whiskey. They
played cards all night and on Sunday
morning a quarrel arose among them.
Andrew Rostosky ordered them out of
the house, but before they could be got
out they smashed all the furniture and
furnishings.
Attacked the Building.
There were about seven Of them and
the defendant came to his brothers aid
and assisted in ousting them. When
they got outside they began with might
and main to fusilade the building with
brickbats and cobblestones and did not
desist until every window and door in
the place were broken to pieces.
Joseph Cute, the murdered man,
harangued the crowd and urged them
to pounce down upon the Rostoskys
and annihilate them. He led the at
tack and was met at the door by Syl-
vester, the defendant. with a piece Of
a base ball bat in his hands. Clute
was dealt blow on the head crushing
the skull and death resulted in few
hours Joseph Bidochius, another one
Of the attackers, received dose Of
buclshot in the legs, but he recovered
The trial of the case occupied seven
days, and the jury, after being out less
than twenty-four hours returned with a
verdict of murder in the second degree
and recommended the defendant to the
mercy of the court. The attorneys for
the defendant had intended to apply
for a new trial, but the fairness and
perspicacity of the rulings and charge
of Judge Albright precluded the possi-
bility of discovering any substantial
reason for a new trial. Rostosky was
brought down from the county Jail yes
terday morning by Warden Jay and a
little before noon District Attorney
Jones moved the court to impose sem
tence.
Pleas for Mercy Made.
Ex-Judge Stanton addressed the
court and asked the judge to be merci-
full in imposing sentence. The strong
points in the evidence that favored the
defendant were reviewed by Mr.. STAN
ton. Attorney OBrien followed with
an eloquent plea for clemency. Dis
trict Attorney Jones said briefly that
Rostosky ought to be thankful that he
was not present to receive death SEN
tence. Mr.. Jones reminded the court
that three of the jurymen voted to find
him guilty of first degree.
Judge Albright did not make any en-
tended remarks. The prisoner was
asked to say why the sentence of the
law should not be pronounced and maxi
ing no reply the court committed him
to prison for seven years. Rostosky
quailed when he heard the number of
years and almost swooned
For good behavior his sentence will
be rebated one month in each year,
making six years and five months he
will have to serve. He is 90 years of
age. of good looks, and strongly built.
He Is above medium height and has an
intelligent appearance.