The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-12-11

VI tllG UuIOlE.
Simon Ncrushas, of North Scranton,
| was put on trial before Judge r. w.
Archibald in court room No. yester-
day on the charge of killing John
Miskus, in March. 1896. The killing Is
alleged to have been done with an axe
at the residence of Miskus, on Lloyd
street. 1t is the theory of the COM
monwealth that after the killing tht.
body was carried along North Main
avenue to Tripp's crossing and there
placed close TO the Delaware. Lacka-
wanna and Western tracks to make 1t
appear he was killed by a railroad
train. This was done at night and the
next morning the body of Missus was
found by men who were on their way
to work.
Charles Miller, Mrs. Niskus' brother
and John Gersko were arrested at the
time, but released because of lack of
evidence against them. They are now
in the Indian territory.
Last summer Andrew Miller caused
Nerushas' arrest and produced a man
named Andrew Gordon, who said he
was passing the Miskus residence on
the night of the killing and through
a partly open door saw Nerushas hit
Niskus on the head with an axe.
Upon this showing before Alderman
Fidler. who conducted the preliminary
hearing, Nerusllas was committed on
Aug. 3 to await trial. He has been in
custody ever since. He was defended
yesterday by Attorneys Taylor &
Lewis and Attorney c. w. Dawson
was private counsel for the prosecu
ton. assisting Assistant District At
torney w. Gaylord Thomas in the trial
of the case.
JURY SELECTED.
The work of selecting q jury was
taken up about 1890 and at noon nine
jurors had been obtained. At 2.15
o'clock the twelve good men and true
were in the box. They are:
Lance Depew, brakeman Madison.
Martin Donnelly. gentleman. scranton.
II. 7. Davis. MINER Taylor.
y. NJ. Ecke druggist. scranton.
q. S. Griffin, farmer, South Abingdon.
William Hall, ir painter, Dunmore.
Jane, J. Kelly laborer, Jessup.
Joseph Leonard. clerk, Scranton.
Eugene Noack, farmer, Madison.
Charles Rhicl, hotel clerk, Scranton.
flcuelWh "lisoll Coai Inspector,
The jury was drawn in the main
court room, before Judge j. p. Kelly
and was then sent into No. 2, where
the trial was proceeded with.
Nerusllas is a pale. rather good
looking man. and is So years of age
He is Il man of fine physique and
great strength ana was Vor several
years the agent for breweries and bot
tling establishments. He WAS neatly
attired yesterday in Il blud serge suit
and his face ceanly shaved. with the
exception of his upper lip. which was
ornamented by a dark brown NOUS
tache. worn rather short 1t is not
his first appearance in the criminal
court.
He denies the killing and charges
that it is Il spite action against him
on the part of Miller and Gordon,
who, he says, have been enemies Of
his for Il long time. The opening ad-
dress to the jury for the common
wealth was made by Attorney Daw-
son.
He recitad the facts to be- proved.
and called thu Jurors attention to the
gravity of the charge and their duties
in the case.
FIRST WITNESS.
Dr. I4ongstreet was the first witness
called, and stated that on the morn
ing of March Is. 1896. he, as coroner,
was called to Tlipp's crossing and
found the body of Miskus lying under
the culvert with his head crushed. The
doctor stated that from the position
Of the body as 1t lay on the snow,
and from evidence of tracks of two
persons in the snow, he surmised that
there had been foul play.
He described in detail the situation
on the ground. the condition of the
snow, and gave it as his opinion that
death had been instantaneous and had
resulted from a blow inflicted by Il
blunt instrument. the frontal bone of
the forehead having been crushad
down about an inch and a half.
The body had apparently been
,..rown into the .culvert through the
opening at the sides, as there We're
no evidences of the body having been
thrown from the railroad track above
there having been tracks from the
lane leading from Main avenue, up to
the opening-and it could not have
fallen through the ties over the cul-
vert, as they We're too close together
to admit the body.
The doctor caused the arrest Of
John Gersko, one of the bystanders
during the examination, who seemed
10 be endeavoring to wash blood from
his hands, and whose clothing was
smeared with blood. On cross eXami-
nation the doctor stated that the de-
ceased might have been dead from
three to ten hours, or probably lon
ger.