The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-11-22
DAMAGING EVIDENCE.


all evening, and there was big crowd in
front Of Koras' boarding house. Then
five of them left the crowd and
crossed the street to Rutkofski's fence. They
were not there two minutes till heard the
sound of blow struck and a man ran by my
fence and around tho corner of Lutsskas'
lot. Then saw the two Bubnis brothers.
and one of them, the one with a light hat on,
lit match and examined his brothers
clothes. He looked all over them. l knew
they were the Bubnis brothers. Before the
blOw was struck and, as the crowd passed
near my gate, one of them struck an axe, OF
a pick, on a stone and made the fire fly /
was at the window of my house, which is a
few doors from the house that Joseph Rut-
kOfsky, the dead man, lived in The witness
identified the photographs and pointed out
the course taken by the man who ran away.
On cross-examination she said the men
evidently had been drinking. Mrs. Grow
made a good, clear witness
Lewis SchwOenter was the next witness
He said he saw all the defendants on the
evening Of Sunday, September oath, EXCEPT
Skutches and Romanaits. He also saw the
Bubnis brothers. ROLLS Bubnis came along
and, taking an axe from under his coat
sv ung it in the air with both hands and
bringing it down on a rock made TIE fire fly,
saying This is tho kind of an instrument
/. you fellows should have" Pete Stenkawicz
{ came up to me- looked into my face aud
ndl' AItlloi DuNNgt anu MulktN away
O. Did you hear any shots tred3
A. Yes. Brozosky fired the first shot; he
also fired some shots while near Koras' house.
Cross-examined He fred into the ground.
Redirect RutkOfski did not go out until
after the stones were thrown and the shots
flied
Cross-examined. O. They did not talk as if
they intended to kill anybody did they?
A. No, they didn't.
Joseph Cachinsky testified that he was
near the school house that evening when he
saw Skutches at MutalviCz's house drinking.
He pulled out hammer with handle Is
inches long and inch thick and said, THE
Zukas are no good they're all bull frogs "
Then got scared and said, "Good-by, butty'
and went out. Later | saw them in a crowd
: and Koras caught me by the shoulder and
! said, "Zukas, are you going to hold up with
US to-day 2'' Anthony Machuls walked up to
/ me; he had something under his coat, aud
told koras to let me GO Joe Suchinski said
z Come along with us" Some one in the
crowd had long stick. don't know if it
was John Stenkawicz or Matt. (Toml Bub-
f mis- They said 'Zukas bull frogs. come out
of the house, " and then Mike BrozOskes fred
four shots.
T Q. Did they say what they'd do if they
came out of the house,
f A. Yes, said they'd make bologna out of
them
Q Are you a Zukas2
A. Well, belong to just the same thing.
EnOch MOchnis: He saw Andrew Koras.
Tom and ROLLS Bubnis John and Peter
Stenkawicz, Anthony Machulis, Joseph Suck
inski of tie defendants and Joe Urban and
George Norkas, who are not defendants.
They were going toward Bender's about six
o'clock and Machulis said To-day there's S
going to be bologna out of the Zukas"
When they came out of Bender's they saw
Frank BOlonis at his house and said Come
out, Zukas king, and wen make bologna out
! of " They then n tnxy rd Rttf-
! kOfskis house.
Cross-examined O. You are Zukas?
A. Yes.
Q. Yet they didn't try to hit your
A. They might have tried to hit me had
not ran into the house.
John Lutzkas sworn
Before the killing saw all the defendants
and the Bubnis brothers on the road.
Q. Did you see men at the gate?
A. There were four or five there.
To other questions he answered Zugur-
enski started to chase Stenkawicz and chased
him near my gate; then l shut the door and
went in. Some one said: THE Zukas are
beating the PaprenOkss." heard the blow
struck and saw the Stenkewcz's there
Cross-examined There were other men in
the crowd saw beside the defendants. Some
were looking on. Peter Stenkawicz yelled to
the crowd What are you doing and my
brothers getting licked"
+ Redirect: Q. Did you hear Anthony
hdCuullb say as ne passed VINO SUfuCk Une
blow that killed Rutkotski?
D Objection overruled.
A. Yes Anthony Machulis said that ROLLS
Bubnis did it,
Re-cross-examined @. Were any of the
defendants doing anything to RutkOfski
A. don't know. l only heard what was
going on.
John Zukuskl testified that he saw all the
defendants but Skutchis and Romanaits that
that evening, about six o'clock. He was
sitting on the porch when the crowd came
1 from Benders The witnesses evidence was
merely corroboration of the other witnesses
J, who saw tire crowd on their way to the Rut-
kOfski house
The court then allowed the Common wealth
a period for private consultation with Mr..
Bender and several witnesses The defend
ants and thesr attorneys also retired to = side
DOM for consultation
Joseph Peters, constable of VIM Penn, and
the prosecutor in the case was the first wit
tness called after the recess, which lasted
n twenty minutes, ending at 10 o'clock.
The defense asked an offer and the District
Attorney said he desired to prove that ami
mostly existed between the Zukas and the
Paprinokas factions and that Frank Balonis
was the leader of the Zukss faction
y, Mr.. Wbitehouse took part in this argument
and laid stress upon the fact that Bubnis
called the crowd back and directed them
10 towards the RutkOfski house when they were
q going in another direction; and also spoke of
the quarrel between Stenkawage brothers
: and Zuberniski.
y y Mr.. Knittle replied and said that, unless it
, could be shown that conspiracy existed be-
= tween the defendants and ROLLS Bubnis for
Z at least five weeks before September Gath,
the evidence was not admissible
A The court allowed the offer, except as to
: the threat alleged to have been made by
! Bubnis five minutes before the killing.
The witness said that Romanaitis and
Skutchs belonged to the Andrew Koras
gang and the others to the Frank Bolonis
! gang. He did not know whether the names
i Zukas and PaprinOkas were applied gener-
ally to the factions.
THE COMMONWEALTH RESTS.
John Meldazis was called at two o'clock to
explain the term bull frog" and said il was
a term o contempt used only by person in
anger.
e The Commonwealth here rested its case
and II. o. Bechte Esq, one of the counsel
? for the defense, moved that verdict of not
: guilty be directed as TO Charles Skutches
0 and Adam ROmanaitis for the reason that no
evidence connected them with the killing.
The Commonwealth objected and Judge
i Henning said I'VE will take no action at this
time"
Counsel for the defense then asked for a
mol pros as to Skutchis and ROmanaitis, on
the same grounds.
The Commonwealth again objected and
the court made the same ruling.
DEFENCE OPENS.
- ~ ~ IL A.