The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1896-06-25

examination said that his mother was unable
to appear on account of poor health. She
has two bullets in her body as the result of
this fight. The witness said the Italians shot
her. On cross examination he showed her
how he used the revolver and created quite a
scene when he pointed the revolver directly
at the jury and pulled the trigger.
Mr.. Burke why did you take part in
the shooting ?"
Witness "As long as l saw my brother
and mother standing there getting shot l
would not have the heart to stand there
and see 1t. If the revolver could have
been shot more than once would have shot
him where he was and you would too
Mr.. Burke: You do not know that
Witness: II think you would"
And again he repeated that he would have
shot him down where he stood if possible.
Mr.. Burke: You are under indictment
for shooting Uagone, are you not p
Commonwealth objected, but the court
ovcrruled the objection, and the witness said
he was under bail for the charge Of shooting
Magone
James Ryan, of Shenandoah, testified to
having assisted Mr. Amour in arresting the
Italians He said that some one called out
that man has revolver in his pocket
Whereupon witness searched Minella and
found on his person large black handled
knife which he afterward gave to Mr.. Amour
AT Ile oQulrGS OulCG. i ne kpllG was pro-
duced and identified by the witness,
Joseph Walter, of Shenandoah, told his
story of the fghtafte Mr.. Ryan was excused.
His most important testimony was that he
saw the prisoners come up the street and fire
at Joe Shukofsky. They then ran down the
street and up towards the hill He saw Joe
all covered with blood and his coat was full
of cuts. That the three prisoners did all the
shooting and were shooting at Joe Shukofsky.
Anthony Cover of Shenandoah, told sub
stantially the same story; and after he was
excused the Commonwealth rested,
THE DEFENSE.
At 4:3O p. m. yesterday, after consultation
with the prisoners in an anti-room, Mr..
Burke opened the case for the defense.
Roger Hinterlitner was the first witness for
the defense on the opening of court this
morning. He was followed by Ralph Tomarrs
and Thomas Tosh both of Shenandoah In
answer to questions put by Mr.. Burke, the
witness, Mr. Tosh, said he was the prosecutor
in the case, and knew Joe Shukolsky.
Mr., Burke: DO you remember of this
man, Magone, requesting you for protection
over his home the night of the riot2n
Mr., Mclaughlin: what is your purpose?"
MIR. Burke: I'VE propose to show by this
witness, the feeling and condition of fear
which prevailed over these prisoners after
the fight occurred.
This was objected TO by the Commonwealth
and sustained by the court
Mr.. Burke: Did you know Joe Shukof-
sky prior to this shooting2"
Mr. Mclaughlin: Objected to.
Mr., Burke 1--WE propose to ask the wit
ness if he had not known the reputation of
the deceased, for some time prior to the
shooting and that he was Of a violent temper
and desperate character and had served a
term in the county prison for the killing of
man in Shenandoah
Mr.. Mclaughlin Objected to on the
part of the Commonwealth because the de-
fcnse set up IS not justitiable homicide OF
self defense
Mr. Burke How do you know"
Mr.. Mclaughlin 'You told us in your
speech"
Mr. Burke then turned his attention to the
witness on the stand Mr.. Tosh, and after a
few questions dismissed him.
At this point counsel for defense made a
statement that inasmuch as many of the
witnesses for the defense had been sub
poenaed by the Commonwealth and as all
Others had been called, the defense there
fore rested its case.
The Commonwealth then called Little
Joe" in rebuttal, which was objected to on
the part of the defense but their objection
was Overruled and Little joe said he had
been shot in the back while running into
the entry of the house. He had been stand
ing in the gutter, and in reply to question
of Mr.. Burkes said he did not have stone
in his hand when he ran.
Commonwealth then submitted law points
to the court and their opinions on them.
At I130 Mr.. Bashore commenced his ad-
dress to the jury in behalf of the Common
wealth and closed at the adjournment for the
noon recess. When court opened at ? o'clock
Mr.. Burke made his opening plea for the
defense, laying great stress upon the testi-
mony of Noah Benjamin, who testified that
the murdered man followed the Italians ten
OF fifteen feet beyond his house; claiming
this started the riot. MI. Burke said the
commemorative own witnesses testified that
while Mike Minella was shooting Joseph
Zukuski was facing him, and it was impos-
sible, from the location of the wound caus-
ing death, for Minella to kill Zullusk.
II. o. Bechtel followed for the defense and
the closing speech was made by NJ p Nc
Laughlin for the commonwealth.
The case will 90 to the jury late this after
noon,