The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-10-17
Defendants Case OPENED
Com mon xealth's Side Of vishaiski
/ Murder Case Closed Yesterday.
SWANTAC RECALLED TO STAND
lie Corrected Himself Regarding what
lie Testified TO Tuesday Attorney Nc
r Giniey Opened for Dcfcndant-said
killing Was in Sclf.Dcrcuse.

than ON the day before. The crowos
Of curiosity seekers blocked both en-
frances to the court room. There were
fewer anxious young malders, how'
ever, present than on TUESDAY
Mrs. Jankowski, the defendants SIS
ter. and her husband were at the de-
fendant's table all day. She hau y
2-year-old daughter in her arms anu
the infant busted Itself goou uea'
clint bing around her unfortunate uhSie,
pulling his hair and arousing mahulih
sympathy.
The commonwealth closed it's case al
| . O'Clock. one of the commonwealth
Witnesses admitted that DavidZak, the
murdered man, was in company VITA
others who were bent ON hSht. 'Ihe
lines along which the defense expects
to proceed are that the defendant
did the killing in self-defense.
Chief OF Police Simpson was the hrst
witness called yesterday morning. He
wen: to Buffalo with requistion papers
to fetch Vishniski back. The defendant
told him coming here on the train that
he bore no love for Davidzak, and ad-
mitted that he killed him. The chief
was asked by District Attorney Jones
to explain the meaning of the story
told by Theodore Swantac Tuesday af-
ternoon.
Chief Contradicted Swantac.
Swantac swore on cross-examina-
ton that he told the story as he had
been prompted to do by Chief Simpson.
The chief denied that he arranged
story for Swantac to tell. The chief ad-
mitted that he paid Swantac's fare
from Chicago to this city, and lodged
him at Jordan's hotel. on wyoming
avenue. Swantac said he was afraid
to go to the South Side. He has two
brothers there. The chief did these
things because Swantac was an inn
pcrtant witness in the case.
On cross-examination Chief Simpson
was subjected to some sharp interroga-
tories by Mr.. Mckinley. The attorney
for the defendant asked the chief If he
did not refuse to admit him to see Nish-
n!ski, although knowing that he (Mc-
Ginley) was the defendants attorney.
The chief acknowledged that he eN-
cluded Mr. mckinley from that priv
ilege.
Mark Seminski swore that he saw
Vtshniski in Koziolak's saloon before
the murder. Vishniski had an open
knife and was quarrelsome. The de-
fense enieavored to discredit the wit
nesses' testimony by eXtorting from
him the admissions that he is profess
slonal gambler and makes living oy
fleeing less intelligent Polanders than
himself.
Only Asked Him to Tell the Truth.
Theodore Swantac was the last wit
ness OF the commonwealth. He was re-
called to explain what he meant by the
story he told the day before in rela-
| rion to being prompted in his testimony
| by Chief Simpson. He said he misun-
81,
| chief only told him to tell the whole
truth. Mr. Mckinley asked the court
| to direct District Attorney Jones to call
| Alex Jankowski, the defendants broth
| er-in-law, to the stand for the common
wealth as ne was an eyewitness OF the
| affair. Court refused to compel the
district attorney to do this.
Attorney MCKINLEY opened for the de-
fense at O'clock he occupied about
thirty minutes. His plea was that
Vishntski fired the shot in self-defense,
and having proved that to the satis-
faction of the jury, he hoped that the
verdict should and ought not fail to be
one that would restore to the defendant
| his liberty.
County Surveyor A. B. Dunning, jr.,
| was called to identify the map Of the
street. Albert Ludka, of Remington
avenue, was the second witness. He
was put on the stand for the purpose
Of contradicting the evidence of John
| Barkovitz one of the witnesses Of the
| commonwealth. BarkovitZ swore that
he was at very close range to Vishniski
and Dav.dzak when the former fired
| the shot that ended the latters fife.
Ludka swore that BarkOvitZ told him
he was too far away to be able 70 tell
| for a certainty who fired the ia t9l shot,
| l. ;,Lr ,I,. IL
| yet he would not be certain.
Important Witness for Defense.
julius Dnrabant was an important
witness for the defense. He/ was en-
ployed as assistant in a butcher shop
| on South Washington avenue Feb. 9
last the date of the murder. j. II.
bailey owned the shop. TT was in the
| next building to Peter K6ziolak's sa-
| locn. John Barkavitz, Felix Davidzak
| and Theodore Swantac were out on the
sidewalk In front of the butcher shop.
| 1t was about 8 o'clock lat night. The
| three men were considerably under the
| influence OF liquor. Davidzak was in
the worst condition, and he was cursing
and shouting. The witness swore that
| Davidzak was uttering vile oaths and
threatening to kill some one.
Mr.. Mckinley asked him whether
or not DavidZak had big knife in his
| hand. The witness denied this. The
attorney for the defense said he was
surprised at the witness. and asked the
| privilege Of asking him a specific ques-
| tion. The request was not allowed.
Alex Jankowski who now lives In
| the Twentieth ward, lived on the corner
| OF South Washington avenue and
| Maple street the time Of the murder.
About $50 on the night Of the shooting
John Vishniski. the defendant. ran into
his house. Blo9d was flowing down
Vishn.ski's facei and there was a large
cut over his eyej He remained ten min
utes, then left and went to his sisters
| house where he boarded. The wit
ness did not hear any shots, nor did not
see any revolver in the defendants pos
session.
Wiped Away the Blood
| Vishniski tbok out his handkerchief
and wiped Off the blood but It flowed out
again as fast as 1t was wiped away.
| The wdtness) watched the defendant
after he left the house, and saw that
he went ditectly home. He did not
hear Vishniski say that he had killed
a man and would fly to Buffalo to avoid
| arrest.
Court adjourned at 4 o'clock. Mr..
| Mckinley promised that the, defend
| ants side you'd close Its testimony to-
day.
IN THE OTHER COURTS.
1