The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-11-25
SEVEN MEN
CONVICTED
OF the Murder of Joseph RutkOfskl at
VIM. Penn.
MURDER IN THE FIRST DEGREE
Was the Verdict OF The Jury as TO All the
Defendants, Except skutches and
Romanaitis, Who Were Acquitted.
An Exciting Closing Episode.

! hOmanaltlsi VINO were Acquitted,
An Exciting Closing Episode.
Pottsville. Nov 25 Few persons BESIDES
the officers were IN court room No this
morning at $40 o'clock when the verdict Of
! Guilty OF murder 10 the first degree" was
rendered as to seven Of the defendants An
drew Koras John, Anthony aud Peter Stenk.
awicz, Anthony Matchuis, Mike, Brozoskes
aud Joseph sucbinski, tor the killing Of
Joseph Rutkofski at VIM. Penn on the even
ing of September "a, 1899.
verdict Of not guilty was rendered as to
Charles Skutches and Adam Romanitis.
COURT SCENE.
An exciting episode marked the closing of
District Attorney Beehte's spec, h yesterday
afternoon
A. D Knutle. Esq, one Of the counsel for
the defendants, repeatedly charged the Dis
trct Attorney with misquotiug the evidence
to the jury and the Latter retort,d with
equal spirit.
At last Mr.. Kuittle arose and protested
against the manner of the speaker and Mr..
Bechtel replied that Mr.. Knittle had no right
to interfere with his speech The court or.
dered the latter to sit down. Mr. Knittle
persisted in rebuking the District Attorney
and again arose.
Judge Henning. letting his gayel fall on
the desk. warned Mr.. Knittle for the last
time to sit down. Mr.. Bnittle stood facing
the court a moment as il protesting silently,
and then dropped into his chair. Mr.. Bechtel
then proceeded with his address to the jury.
The speech was a beautiful and impressive
effort
THE COURT CHARGE.
Judge HenniDg began his charge to the
jury at $3.50 O'Clock and made most able re-
view of the evidence aud law pertaining to
the case. He said that if the jury believed
the defendants acted as part of conspiracy
and, as conspirato-s, aided OF abetted to kill
Joseph Rutkofski they should convict them
of murder in the first degree. He defined the
crime OF murder in the second degree and the
crime of manslaughter.
POINTS RULED on.
On the points submitted by the defense the
court ruled as follows: The first, second and
third points were confirmed.
As to the fourth point Judge Henning
said Declarations and threats amount to
nothing, unless carried out"
The fifth point was confirmed aud on the
sixth he said 1T makes no difference what
any precedent common purpose was il they
really did act in concert
The court affirmed the seventh and eighth
points, and on the ninth said Even if they
had no knowledge of an intent of the Bubnis'
to kill Rutkofski, but had knowledge of the
intention to kill one of his class-the Zukas-
then they were as guilty as the principals" ."
As to the tenth point he said at they
| hud o. hand in diraafiuey fbah h1nxrr
aided, counseed, abetted, planned, agreed OF
, considered, with the Bubnis' to kill either a
Zukas or Rutkofski, they were equally
! guilty"
! On the eleventh point the court said III
! there were threats made against class-a
/ Zukas. for instance and these defendants
i acted in concert with the Bubnis,' they were
q equally liable with the principals"
+ The twelfth and thirteenth points were
q affirmed, and on the fourteenth the court
r said If the words by evidence so con
4 elusive as to exclude any reasonable supposi
, ton of innocence mean evidence so conclu,
sive as to leave no reasonable doubt as to hi.
guilt we affirm this point. The fifteenth
= point is affirmed"
! Judge fleming ordered verdcts of moi
guilty as to Charles Skutchas and AGam
Romanaitis, two of the defendants, in ac,
cordance with the motion of the District At
: tOrney, the evidence not connecting them
them with the murder.
THE JURY RETIREs.
= Judge Hennng left orders to send for hin
: in the event Of the jury agreeing at any
+. time during the evening
The jury retired at 5:55 and. after eating
E supper prepared for them by order of the
fhaNr ste rta Cd IN vol
4 detail.
VERDICT AGREED UPON,
At 2 a. m. the jury had agreed npon yer
dict and then took a nap until O'Clock thi
: merning, when breakfast was served and th,
S court was notified.
e AT $50 o'clock the jury was in court room
: No. q District Attorney Bechtel, Attorney
Knittle, Sheriff Toole aud Deputy Clerk o
the Courts Duffy had remained at the cour
house all night. The eleven defendants wert
brought into court and took the same chair
= they had occupied during the trial
" Court Crer Graever opened the court ant
G Deputy Clerk Duffy asked the jury foreman
I if a verdict had been agreed upon. Tn,
!. latter handed over the all-important pape
S and it was transferred to Judge Henning
II opened and read.
$ Attorney Knittle moved that the jury b.
polled and each juror was in accord with tn
verdict.
Mr.. Knittle then made motion in arres
of judgment and for new trial, the reason
to be filed later.
d HOW THE JURY STOOD.
y 1t is understood that on the first ballot tn
r jury stood; for first degree, for second de
n gree ard for voluntary manslaughter. Ol
e the second ballot they stood for first dc
IS gree and for second degree. Ballots wer
taken once every hour, the results changin
O. at times, and on the ballot next to the las
> the jury stood: II for first degiee and 70
second degree. At2 a. m. the ballot wa
unanimous for verdict of first degree.
2, The seven condemned prisoners were take
.