The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-04-21
Defendant Killed Michael ROtOski
NTH a Chair.
THE CASE BEGUN YESTERDAY
II Is On Before Judge Edwards In the
Main Court Room-A Sister 0fthe
Dead Mans Wife Describes
the BlOw.

wealth and Attorneys w. Gaylord
Thomas and c. Z. Ballentine represent
the defendant.
y month or so after Fisher was COM
mitted to Jail he sent for Attorney
John T. Martin and asked him to take
charge of the defense. Mr.. Martin
came into court week ago and said he
could not be expected to undertake the
case without compensation. The court
allowed him to withdraw his appear
ance for Fisher and Attorneys Thomas
and Ballentine We're assigned to look
after the defendants interests, as he
has no money to engage counsel.
At 10 O'Clock in the morning the task
Of selecting jury was begun and 1t
took until 80 in the afternoon to
agree upon. twelve who are not OPP
posed to capital punishment If it Is
warranted by the evidence. The jury
Is as follows:
5. n. benjamin. druggist. Scranton.
Alexander Simpson, jr., merchant, Scran-
ton.
Bennett King. farmer, North Arlington.
James II. HOpewell metal platter, Scran"
ton. --. ...,
Howell G. Reese, miner, Scranton.
Richard Merritt, farmer, Greenfield.
Peter Flannclly. laborer, carbondale.
Edward 3. Price. gentleman, Scranton.
Henry Collins. miner Carbonate.
Timothy Holmes. engineer, Scranton.
j. Il. Evans, laborer, Scranton.
Harry q. Durham. cashier, Scranton.
KILLED WITH A CHAIR
At 2.35 District Attorney Jones OPEN
ed the case to the jury and stated plain
ly and in very simple manner what
he expects to prove by the testimony
of eye-witnesses, and he believed that
1t would be shown that the killing was
willful and deliberate and verdict of
murder in the first degree Is warranted.
The wound which caused Rooski's
death was a fracture of the skull. IN
riicted with chair. The blow was so
violent that the bone was imbedded in
the brain and the man died. at o'clock
the next day. The story Of the killing
was told by three witnesses. Mrs.
Mary Shamburskie was the first to
testify. She is sister of the dead
mans wife. The house where the muir
der was done Is double tenement
dwelling She and her husband ana
family live in one part Of the house ana
John Valvoskie and family live In the
other part. On the Sunday before the
murder there was a christening, at val
voskies and II was attended with run
and frolic. Liquid refreshments were
consumed. but ON Monday there was
Charles Fisher. the defendant. and his
brother Michael and u few others were
present.
ROtoski had been in but short time
when his wife came after him to 60
.home. Michael Fisher stepped forward
and advised RotOski not to heed her.
that if his wife came after him like
that he would Immediately instruct her
to return. or IT. she didn't he would
proceed to show her that It would be u
her interest to go. Rotoskt was waVer-
ing. not knowing whether to go with his
wife or stay. The defendant, who had
remained in the background up to this
point, came forward with an uplifted
chair and settled the question. He Is
only 20 years of age, bu he Is strong
and muscular. He struck RotOski on
the head and fractured the skull. lie
was hindered from continuing the at
tack. and was put out of the house
When he got on the street he picked
up a club and was going about like a
roaring lion for time.
THE DEAD MANS WIFE.
Mrs. Ros:oski, the dead mans wife
was next brought in to give testimony
The commemorative witnesses are not
permitted to hear the testimony of one
another to remove from them the
termination to make their stories dove
tail. Mrs. Rostoski said she followed hel
husband to take him away from Val
askie's house. When she went In ant
| bade him come home Michael Fisher
interposed and would no: allow him t.
go with her. She did not remain NOR,
than few minutes. IN a short Will,
thereafter the news reached her tina
there had been q fight in which he
husband had been struck by Charles
Fisher They brought her HUSBAND
home and he died the next day at
| o'clock.
William Pasco. a young man who wa
present, was called to testify but h
was out in shanty when the blow wa
struck and his testimony was only hear
say. Martin Woyshner had to be pressed
into service to interpret the testimon.
up to this point.
Coroner s. p. Longstreet was mex
called to the stand. The doctor had
part of the dead mans skull wrappe,
up in a newspaper. He held an au
topsy the day after Rostoski died an
explained the cause of death by show
ing the skull to the jury. 1t was Il
the same condition as the coroner foun
it at the autopsy except that the brok
en- pieces of bone were kept togethe
by means Of small copper wires. TIL
top of the skull was broken in sixtee
pieces the fracture extended along tn
center and lacerated the brain an
nerve CENTER -----------------