Montour American. (Danville, Pa.) 1866-1920, 1903-10-01
MRS. NOLINOSKI
ON TRIAL

I day morning. The charge is inyolun-
I tary manslaughter The defendant
/ pleaded not guilty.
/ Great difficulty was experienced in
obtaining a jury Each man called
was placed under oath and examined
individually The greater number had
formed an opinion and were not clear
as to whether or not they could be
wholly governed by the evidence, The
prerogative of challenging was ex-
/ ercised to the fullest Long before
noon the vcnire was exhausted The
/ Sheriff then at the Courts direction
began to pick men out Of the audi
ence. These were challenged and at
noon the jury box was still two men
short When court Ieconyened at 2
O'Clock the Sheriff was provided with
long list of names which he had sell
ected from the street These in turn
were exhausted before the jury box
was full The sheriff again fell back
upon the audience in the court room
and thus jury was finally secured,
| but not until seventy-four men had
been called and examined occupying
over four hours The twelve men Sc
| lected to try the case are as follows:
John Ritter, Rush Yerrick, J. A.
Cromis, David McCarty, Charles A.
Shultz, Richard Metherill, John Brud-
er, Jr., Charles W. Martz, Jacob Hum
mer, John Marshall, George Tillson
and DR. l. G. Barber.
S. P Wolverton, Jr,. representing
the P. q r. railway Company, . is as
sociated with the Commonwealth in
the case. The defendant is represent
ed by Hon. H. NJ Hinckley and Will
lam Kase West
| The facts of this case are fresh in
the minds of our readers On the
morning of August 2Gth James Nc.
Elwee, a brakeman on the P & K. rail
way was badly injured by being struck
on the head by a lump of coal presum
| ably thrown from the car by some one
| stealing coal. The brakeman was re-
moved to the Hospital where on the
same day he died, Mrs. Mary Moli-
noski was arrested and bound over to
court charged with trespassing on
the grounds of the 2. & r. Railway
| Company and with stealing coal there
from, whereby she injured an employe
by striking him on the head with a
lump of coal. "
Station Agent Philip Foust was the
first witness. He identified a large
chunk of coal as the one recovered on
the spot where the man was hurt. Its
weight ne testified was G213 pounds.
Robert Farley testified as to blood
spots upon the coal.
Frank Hile, engineer OF the pusher
belonging to McEIwee's train, thought
he recognized the defendant as the
woman who ran back along the train
and told him not to start, as man
had been struck by coal.
Charles Frehafer of Mausdale was
riding into town on the pusher. He
testified that tie defendant came run
ming with her hands up and exclaim-
ed that she couldn't help it. y
James Lake was one of the first to
| arrive at the side of the injured man
and helped to carry him to the Farm
crs' Hotel
Fred Becker, - years old, identified
Mrs. Molinoski. He saw her on the
car throwing off coal afterward saw
McElwec lying at the foot of the bank
opposite the car Mrs Molinoski was
| on.
| William O'Brien, another boy, testif
ed, but he saw nothing important
Mrs. Bookmiller who lives near
where the accident occurred, saw Mrs.
Molinoski on the car holding her hands
up; did not hear her speak. She help
ed to wash the wounds of the brake
man.
Mrs. John McCartin was also wit
ness.
Anthony Schott, landlord of the
Farmers Hotel, also testified, He
helped to carry the injured man down
to his hotel and summoned medi cal
aid.
DR.. p. c. Ncwbakcr, the physician
called to attend McElwee, was wit
ness. He found McEIwee conscious
although dazed, He thought the man
might be seriously hurt and he advis-
ed that he be removed to the William
port Hospital. In Dr. Newbaker's
opinion the injury was sufficient to
cause death.
| DR.. r. f. Trainer, coroner OF Viii
Transport, testified He held a post
norton. The skull was found fractur
ed and membrane Of the brain torn.
A clot of blood was pressing on the
brain. Death in his opinion was caus-
ed bv violent blow The operation,
ne felt, was justified as the only pos
sible means OF saving the mans life
Justice J. p Bare, the committing
magistrate, testified The defendant
admitted, he said, that she had been
on the car and rolled off chunks of
coal. but did not see any one passing
below-that if she struck the brake
man on any one it was purely without
any intent on her part.
Last evening the Commonwealth
rested. Mrs Molinoski will be put on
the stand this morning in her own de
/ E,,,a,