The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-10-19
Case Given TO THE JURY
Vishniski's Pate Is Now 10 the hana:
Of the Jurors.
CLOSING ARGUMENTS HEARD
N. A. Mckinley Reviewed the Case for the
Defendant uud District Attorney Jones'
for the Commonwealth Judge Gun
stcr's Charge Wns Exhaustive.

W
In the case at 4.i5 yesterday afternoon
when Judge Gunster concluded ms
charge. John Nishniski. the 20-year-olu
Polish defendant, tried for the murder
OF Felix Dayidzak, on Feb. 10 last at
Maple street and South Wyoming ave-
rue. South Side. was the prisoner at
the bar.
Attorney NJ. A. MCKINLEY. his attor-
ney. opened the argument for the de-
Tense when court convened yesterday
morning. He had not finished at noon
and resumed At $50, occupying not more
than thirty minutes of the afternoon
session. District Attorney Jones began
for the commonwealth at 80 and spoke
an hour and ten minutes, The cnarSe
of the court took from ). 10 until @9b. ana
was an exhaustive one.
~. McGlnley's style OF address was
urDlarked by any embellishments or
veheinence. He spoke In an easy. arGu-
meatatlve and logical manner, reviewed
the testimony very elaborately and pre-
sented an intelligent and convincing
plea for absolute acou'ttal. maintaining
that the shot was ilred in self defense
and the killing done 10 save himself
from the ons'aughts OF his furious as
sailants. whom he had Justitiahle rea-
son - fear from the fact that he had
bee; assaulted end stabbed only a short
while before in the saloon of Peter
kczioleck.
Coiurlimcntsd tho District ATTORNEY.
Ne compllmented District Attorney
Jones Cor the fair and courteous treat
ment accorded TO him during the trial
lie explained TO the jury that the COM
monwealth was able TO present It's side
Of the case with a great degree Of skill.
owing 10 the resources that can be
drawn upon. Mr.. Jones was assisted.
he said, by two bright young men, At
.t,rneys John J. Murphy and c. G, Bal
lentlnc. ard by County Detective Ley
shcr. a skillcul man. and Chief OF Police
simpson and all the machinery of the
law.
lie Wont over the testimony most
carefully and dwelt enphaticaliy on the
statements OF John Rlrkovitz. who
Swore ,ha, he parted from them block
away from the scene OF the murder, yet
at the moment DavidZak was shot,
these two men. by their own testimony.
were p:esent and caught the dying man
in their arms. B9rkovitZ told story
thar would convict V!shniski, hu, ii
was Trcven by other testimony that he
| was swearing 10 state of facts that
could not exist. In summing up he
asked the jury for a verdict of acuuit-
tai. as the only reasonable deduction
| that can be drawn from the evidence in
the case.
| District Attorney Jones argued for a
verdic, of murder in the first degree.
! He said the evidence fully warranted it.
| The prisoners dellberation in going
| home for the revolver. coming out with
/ his broiher-in-law. with no other object
| in view than seeking trouble. The dis
/ trict attorney. referring to the testimony
( Of Theodore Swantac, or that part of
/ II where the witness admitted that
| Chief OF Police Simpson had paid his
/ fare from Chicago and had paid his
! board while here. told the jury that the
| chief did this at his order.
Socie,y's Welfare Demanded II.
The commonwealth had to go to this
expense for the protection of society.
Swantac could not be said TO be a
biased witness against the defendant,
for he had been taken from Chicago
under constraint to testify for the COM
monwealth John Barkovitz, another
| important witness, had to be put under
bail to appear at the trial. Neither Of
| these men could be said TO be ready to
swear against the defendant. for they
were unwilling witnesses for the COM
| monwealth.
Mr Jones spoke in a very compli-
mentary way Of Chief Simpson and
! vouched for him as a faithful and eff
| cent public officer. only jealous for the
| punishment OF crime where punishment
7 is deserved, and anxious only for re-
| tribut.ve justice.
Judge Gunster first impaired care
| ful and comprehensive explanation Of
the law Of Pennsylvania relating to
murder The defendant. John Wish
niski. was charged with the unlawful
! killing of Felix Davidzak. That was
| the first count in the Indictment: the
second count was voluntary man
slaughter. The court desired to impress
on the minds of the jury that malice
! Is the distinguishing criterion Of muir
| der. Voluntary m1nslaughter goes
very near to murder. Malice. not In its
| ordinary acceptation, but In a legal
sense, distinguishes the grade Of the
| crime.
A malicious person is one who is
| hard-hearted. reckless and unn1indfui
| on social duty, one VINO has In mind a
specific intent to take human 1lfe. The
| common law Of England provided that
when the life Of reasonable creature
! living in the kings peace might be
killed. the one committing the crime
actuated with malice aforethought,
such an ac. was murder and the PEN
atty was death.
Murder Divided Into degrees.
Tn 1860. by the act Of March 81. the
legislature Of Pennsylvania made n law
that murder committed in a willful,
premedltated and deliberate manner.
by means Of poison. lying In walt. or
| with an axe, gun, knife. revolver or any
| other deadly instrument, or In the per-
pe.ration Of burglary, rape, arson or
| any felony, would be murder Of the frat
degree. and the penalty thereof would
| be death. All other murder was de-
| fined as being Of u lesser grade. Vollin-
| tary manslaughtcr IL where person. In
the sudden heat of passion and unable
to control his mind. takes the life Of
another without any premcdltatcd In
| tent.
| The law. Judge Guns.er said, requires
| the commonwealth TO prove that tS,.
prisoner did the killing. then the pre-
sumption IL that the crime IL one OF
murder In the second degree. To prove
| a higher grade OF crime The common
wealth must show that the killing was
done willfully. deliberately and pre-
meditatedly. The burden OF proof is
on the defendant TO reduce the crime
| from second degree to manslaughter.
The jury heard the evidence, and It
was for them TO say what the verdict
would be.
Judge Gunster went over the evidence
very carefully. He passed upon the
fourteen law points submitted by the
defense and affirmed them all. If they