The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-12-05


At 80 iasi ripht the Jury IL tie ,ase
of Anthony Tomashitski. charged with
the murder ~ David Thomas in the
Archibald 'nitc. or June :. last. went,
cut tn agree upon a verdict. and twenty
minutes later. through its foreman.
Colonel II. NJ. t;oics. returned "a verdict
nf not guilty. 1t establishes Il new roc
ord Tor a murder jury in tn" matter Of
l"ngth Of tim" for dclihcinlion.
rumashifsk was ovcrj"Nrd. ana
lu4hrd up To Colonel Iiuip- with tears
streaming from his eyes ana kissed his
Nand repeatedly. TIL" verdict was bet
ter than hc mad dared to hope.
fJlry T.. Harris. the foreman at the
Archibald mine. was til" first witness
ruiicd b. th" defense yesterday morn
ing. lIr knows tlI" defendant nud Wns
also acquainted With his victim. .An
"ttcnIpt was mad" to Sho" by the
Witness that Thomas. the deceased, Was
II very vicious fellow. Harris said
Yhunln, wns ia the lia!it nf anuoyins
the Foreigners employed in III" mM".
rs'"ciall% the I"land"rs.
.tphu Mcdonald, employed at tho
tre,bnlI -,ii that h" was present at
The rororct's inquest IN The Thomas
',S" ana Duni"l Morris told him he did
'pl, hltuW how 'ruumaS WAS Injured.
t..i hc wnt mut present. Morris tcsti-
i:d Tuesday l0l III" commonwealth
hat hc va. ~. eyewitness of Tnntts-
lifski'S tH'Hl assault o1l Thomas
\lGrrmun John i. Kelly was called
tu prov" THAT Thomas was utr;,igi.i
E"for" him nr It charge "f aggravated
assault aud battery preferred by Il Po-
'undcr. The case was settled 10y
Th"ma.s paving thn defendant S$5. This
evidence WAS a "p"cili" act and if adj
1nitt"tl would open the door to an IN.
>rStiaItiun -, 'hit churS" ana MI the
circumstances surrounding It, ON this
ground The evidence WAS rUlcd out
DESCElr;ED WOUNDS
Mrs .Antnncnu Iulu who ram the
boarding huuS" whor" tin" defendant
;trd his family livrd testified that she
"SnInined TumdHhfak wh"n h" return
ed home on tn" day h. assaulted
Thomas ana found his clothing rov-
eyed with oil. 81 burn nn the neck aud
= lump on tirn head TIL, wifi" OF the
prisoner gave similar testimony.
Steve GnlitS was called to Prov, that
Thomas had fractured his head by u
months in Il hospital in consequence
!'lt this testimony was ruled out ON til"
-in1c ground aS that OF .Aldcvuan
Eclly. This ruling also barred ont thu
testimony Of Thomas Morris. Il miner
n the Archibald. Who was caiicd to
show that pulander employed by
rim rs II lHboi"r had been assaulted
:,y Thomas.
rh" defendant. Archbnld Tomas
l:fski WAS called ia In" stand ut this
point. llc said ne was; born IN io-
land - years ago and came 10 thi.s
country ten years ago H.. has been
married siX years ANA has tWo chill
Nrll. On the morning Of June :, last
- was finishing loading his second car
wien David Thomas the runner. .;il,e
.nto the chamber and burned the back
~ his neck With his limo. The dtfrn-
dLnt protested ;u4l Thomas pchul
up II Slrug ana knocked hnn Go,yn with
=. Az l,c got to his feet hu saw Thorn.
as move s,s it to strike MIN again and
he picked uu the iron hundic OF II drill-
ing nrIchm" ma Ia lrulert himself
- strucl, Thomas over th" head with
HE WENT H,tMi..
'rpn.asnilSki said nc then started out
u! I'll" liiint ana went IunIa. IL lid
not tell his nlincl, D,.}',,. r.Nuus. that
lie had killed Thomas. .tS Evans tysti
ned Ice uid. ;ld hr dei,l"L Ihar DaUiri
Morris. Tho driver boy. Nas present
at the time TuutehH'ski declared thHt
Norris did mot ,,pl,. np 20 III" t.rr uf
The chanbe! uHtil Ms trouElt with |
Thomas w0S oyer. 'Tilr defendant WAS .
"rrss-examinel .iL lsIgth 10y Attorney
~. l.. Taylor. hut tnc story he ruid iu |
ms examination IN .lirl Was moi !
ai,aNc,.
Mas E"sprhlutn, 81 lurrcl4ni al p!d |
Forge, said h" has h"ru .",iui,iuten |
itn Tornarhi's!ii tor L !"tS tinlc tud /,
2lna ,lWays regarded llim as It quiet |
'nW auluiUG man IuIt ,irScd th" ,el- |,
r!murv int tH" uclrlls. ANA i,r. ". \. |
Pain" was called by me commonwealth +!
~ lyDu,r.i II" testified .nnI nr en- I,
a'nil."d ihr scar on TuluushIiSkia nccls |
ma found that il WAS no, cuiistd by u |
burn. Denis l;ochr. Il Keeper a the |
county Jail, testified that when Tom !
aS!rsH Was rr"eiv"d at The iail the !
.ltH following IA" assault ON Thomas !
tlrcl. MAS II" marks "f Violence ON his |
n"ad or neck.