The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-02-20
MURDER Will Remain
Judge Albright Refused to Bar 1t Out
OF ROstosky Indictment.
COMMONWEALTH HAS RESTED
We're Compelled to Call Number of Eye
Witnesses of the Fight Who We're
Friendly TO Accused - Defense
VIII Open This Morning.

Late yesterday afternoon bold eff
fort was made by the attorneys for
John Sylvester Rostosky, who is on
trial before Judge Albright in court
room No. ., to have that part of the in
dictment charging murder taken from
the consideration of the jury. Judge
Albright refused to make such q ruling
and the jury will be called to pass upon
the indictment just as it was framed.
Yesterday morning the first witness
called was Max Koehler the constable
who arrested Rostosky in mine after
the murder of Joseph Clute. Rostosky
admitted that he did the killing and
| said there We're others for whom he
designed Il similar death.
Mrs. Joseph Bidojas gave unimport-
ant testimony and then Andrew
Degutis was called. He is the proprietor
of a hotel at the Ridge near where the
murder was committed, ana the muir
dered man boarded at his house. Clute,
after he was wounded. walked into the
boarding house unaided. His head was
covered with blood. About ten minutes
before that he heard a shot from the
direction of Rostosky's saloon. When
Clute came in the witness told him to
go upstairs and wash himself At Z
o'clock next morning Clute died. EX-
County Detective Shea was called and
identified the piece of a base ball bat
| shown him as the club he received from
| Constable Morris.
Wanted Eye Witnesses.
That ended the commemorative side
| Of the case and District Attorney Jones
was prepared to rest. but Attorney
O'Brien, of counsel for the defense,
asked the court to compel the district
attorney to call August Miglin. Andrew
Roland, Mike Rostosky and Mrs. Agnes
Josetus, eye witnesses to the fight
which resulted in the murder These
| witnesses would naturally be friendly
to the defendant. one of them being
his brother. Court directed that these
witnesses be called
Andrew Degutis was recalled and
said he gave the club to Jean Morris.
| The witness recognized the club by
y mark made on it by Mr.. Shea. He
gave the club to Morris and he saw
| Morris give ii to the county detective.
| The club was then offered i'm evidence
| The court admitted it. leaving the mat
| ter of Identification to the jury.
| August Miglin was next placed on the
| stand. Witness was bOarder at Mike
! Rostoaky'1 hotel, and was upstairs with
| his double barrelled shotgun on the
day of the trouble He fired three shots
in vain endeavor to put an end to the
| riot that was in progress down stairs.
! fight began that parsonage began to
| He saw Clute present and when the
hammer the wall with billiard cue.
Then Clute went outside and picked up
a stone and returned toward the house
with it. When the fight began Clute
suggested that they smash up every
| thing in the room. The accused then
ordered the men out of the house.
Clutc Used the Stone.
Clute hit John Rostosky in the breast
with the stone he obtained in the yard
| When the latter was struck he raised
a stick he had in his hand and struck
Clutc on the head with II. When the
| fight was over there was not a single
window in the front Of Rostosky's hotel
that was not broken.
Mike Rostosky, brother of the defend
ant, the commonwealth was next re-
quired to call. He said that a number
Of men were in his place on the Sunday
Of the murder, among them being
Clute and Bidojas. He told them to 60
to church and Bidojas and Clute be-
came angry and began to fight. They
went outside and threw stones and
sticks at the house and Clute returning
hit the defendant with a stone; the lat
| ter retaliated by striking Clute with a
piece of broken billiard cue.
Apl,.av,, Tp,JapI wac p..-t C,v,,,,, nd
said he saw Rostosky strike Clute with
| the handle of billiard cue. He saw no
base ball bat and was sure none was
used. Mrs Agnes Josetus corroboratcd
the story of Roland as to the weapon
used. She did not see a base ball bat
| figure in the fight at all. The common
wealth then rested. Mr.. Jones did not
desire to call the last four witnesses,
| knowing they would niure the case Of
the commonwealth. as they uuduestiOn-
ably did. but according to law the com
monWealth is compelled to call all eye
witnesses 20 such tragedy as that in
which Rostosky Is implicated.
Points Raised BY Defense.
At this stage of the case Attorney Jo-
! scph O'Rricn and cX-Judgc Stanton,
who represented the defendant, asked
| Judge Albright to take the first count
of the Indictment, charging murder,
| from the consideration of the jury on
the ground that the weapon used was
not of deadly character, therefore
showing that there was no malice or
intention to take human life.
Judge Albright refused to grant the
request and court adjourned for the
day. The opening of the defense to
the jury will be made this morning.
|
IN ARGUMENT COURT.
|