The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-04-22
STORY OF THE DEFENSE.

STORY OF THE DEFENSE.
Attorney Ballentine opened for the
defense. 1t would be shown, he said,
that the blow which killed Rotoski was
inflicted by Michael Fisher and not the
defendant. a few character witnesses
were sworn and they testified to the de-
fendant's reputation as a law-abiding
citizen.
Warden Thomas JAY Of the county
Jail, testified that the defendant had
two ugly cuts above the forehead and
was bruised on the sides and back
when he was brought to prison.
County Detective Leysnon was put
on the stand to tell why Michael Fisher
an important factor in the case, was
not present. Mr.. Leyshon said he had
a subpoena for him and endeavored to
find him, but was unsuccessful. Fisher
has skipped out
The defendant was next put upon the
stand. He cannot talk English and his
testimony was interpreted by Martin
Woyshner. He weighs 165 pounds and
is an able bodied young man for one
who will not be 20 years old until next
October He presents a peaceable ap-
pearance and was dressed in neat suit
of blue clothes.
He came to this country from Russian
Poland three years and seven months
ago and lived in Pittsburg, Wilkes
Barre and Archibald. To the latter
place he came in November 1895 He
worked in the breaker and on the day
OF the murder there was no work. On
that morning he was at Valvoskie's
house. Michael Fisher and Joseph Ca
poso were there and they drank q pint
of whisky, several quarts Of beer and
Rfterward got a, keg of beer. They
were ,indulging, in the contents Of the
keg when Rotoski came in about 2
o'clock. Rotoski's wife was after him
to go home. and Michael Fisher tried
to prevent him from going with her.
Rotoski and Michael Fisher began
quarreling. The defendant tried to
separate them and was struck In the
face for his efforts at peacemaking.
WHY HE LIFTED THE CHAIR.
He said ne lifted the chair to ward off
the blows which We're aimed at him.
Michael Fisher in the affray, struck
Rotoski on the head with fiatirc., or
was covered with blood and his under
shirt that he wore on that day spat-
tered with his own blood was offered
in evidence. The defense then rested,
County Detective Leyshon was called
in rebuttal. He swore that the defend
ant told him the day after the murder
that the cuts he had We're received in
fight out in the yard after Rotoski
was fatally wounded.
Attorney w. Gaylord Thomas made
the closing plea for the defense and
maintained that 1t was not the de-
fendant who struck the fatal blow.
District Attorney Jones went over
the evidence and in concluding he
urged the jury to show by their verdict
| that human life is sacred and no man
has right to take it.
Judge Edwards began his charge to
the jury a few minutes before 3
o'clock. The law, he says. holds human
| life most sacred, and no one Is allowed
to take 1t unless under the most ex-
| ceptional circumstances. In the case
| on trial he instructed the jury that they
| could not find the defendant guilty Of
murder of the first degree. The law
and the evidence did not warrant such
"a conviction.
NO FIRST DEGREE VERDICT.
He then explained the difference the
| law makes between manslaughter and
murder. As he took AWAY FROM the
jury the consideration of murder of
theafirst degree, and the defendant was
charged In the indictment with two
| counts, murder and manslaughter,
the verdic. must be either murder of
the second degree or voluntary man
slaughter.
Judge Edwards said 1t was his duty
| to instruct the jury on q few general
! principles of law. One Of these prin-
feature in England and America, is
that every defendant is presumed in
nocent until he Is proven guilty; an
other Is that the burden Of proof is on
the commonwealth. and the defendant
must be proven guilty beyond a rea-
sonable doubt. The defense offered
/ evidence to prove that Michael Fisher
had sruck Rotoski with q flatiron be-
fore Charles Fisher struck him with
the case, Judge Edwards said that If
the jury believed that the two Fishers
aided and abetted each other in a
common purpose to infiict bodily harm
on the deceased, and that his death
was the result Of such common pur-
pose. then he would be guilty the
same as II the blow he struck with
the chair was the one which resulted
in death. The jury retired to deliberate
shortest murder case on record In this
county. -.
VERDICT OF NOT GUILTY.
At 7.30 last evening the Jury in the
Fisher murder case brought In g. ver-
dict Of acquittal. Judge Edwards had
told the jury when he gave the case
into their hands that If they should not
agree until after court adjourned he
would come to the court house at 7.3O
and receive the verdict then II they
had agreed.
Court Messenger A. s. Newton turned
on the lights In the main room at 7.20;
o few -minutes,later Deputy Warden +.
]. Price led the defendant in hand
cuffed, and q little later Attorneys w.
Gaylord Thomas and G. c. Ballentine
who defended him, made their appear
ance. Besides those, only Deputy
Clerk Of the Courts r. p. Daniels and
few citizens were present when Judge
Edwards came upon the bench.
The jury filed from their room into