The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-12-26
I ] N
CASElvOW.UPT TO
GRAND !. / JURY


HEARING BEFORE
JUSTICE {. S. AMOS
on Tuesday afternoon at three
o'clock Mike Tonkoyick, George Ton
koyick, Pete Tonkoylck and Matt Ton.
koyick were given their preliminary
hearing before Justice E. s. Amos for
Sthe murder Of Stone Gayco, who was
ahots In "a fight that occurred on Chat.
{ ham Hill near Harrington early Sat.
urdays morning. After the fight Gay
eo was removed to Cook Hospital
where he died the next morning. The
StrantS charging the Tonkoyicks with
wit anu battery was dismissed and
er charging them with murder
Forn out by. Joe Deitz.
smith, of Pennington. was the
tness introduced by the State.
dstliat he was called to Chat
early Saturday morning and
pyco at the George MEMS
house, suffering from bull.
the bullet entering about
floating RIB. The witness
)ei~ound but was unable to
sblli He saw that the man
critical condition and sent
3ok's Hospital. George MEMS
hiinIto the hospital.
}al5 Hall. Of Cooks Hospital
ssnext witness for the State.
XII sail that he was present at
$eratioa performed on Gayco at
hospital and in his opinion the
slied Of loss Of blood, peritonitIs
shock, that the, combination OF
fNkese three things was the Immediate
cause Of Gasco's death. The primary
cause OF death was "a bullet wound.
The ball entered. the left side near. the
s53third Rib nnli assed through the liver
anlaniade three holes in the large In
testines.. The abdominal cavity was
about one;thlrl full OF blood and that
Speritonitlsi had already set In and that
the patient was very, much shocked.
y Attorney Leeds for the defense press.
ed DrSs Hall for a direct answer Of
Sone OF the three things that he
Il named was the immediate cause OF
death. The witness stated that either
q the loss Of blood or the Inflammation
of the portion was sufficient in itself
4 to cause death.
George MEMS, proprietor Of the
boarding house where Gayco took his
meals, stated that the defendants
came to his house on the night Of the
fight and that the alteration started
over the lifting, Of a beer barrel with
one hand. Mike Tonkoyick wagerel
\ ten dollars that he could lift the bar.
rel higher than Gayco could. Gayco
said that he did not have that much
n money but that he would put up Il,
cents. The test OF strength was maj. =
~ and Gayco won. The fight grew out OF
Mikes defeat. The witness stated
e9rh OF the defendants told Gayco
& 5that they recognized him and that his
u mother would be crying over him be.
fore morning. The men left Menis
house and 1T was only few minutes
Until FIVE shots were fred by Pete
I Tonkoyich. The men then moved out
the road and 1t was but few minutes
until another shot was fired and fol.
lowing It the form of Gayco was car.
ried to Menis' house. K
Mike Kolish was the next witness
y examined. His evidence was corrobo.
Srative and accumulative to the testI.
mony adduced by Menls. He said that
7 Mike was at his house and wanted to
Il do some cutting.
Charles Menis was then examined
His evidence in the main corroborat.
ed the statements OF George MEMS. anil
Mike Kolish. In addition to what the
other witnesses testified Charles
MEMS heard Mike Tonkoyich tell Pete
,59 after he had shot the five times to load
up the gun again for he wanted to do
some shooting.
Constable C. W. Walker who served
the warrant told the Justice how
George Tonkoyich tried to made his
escape by running out a front door
and was caught by the officer and how
Mike Tonkoyich had crawled under a
Got and covered himself with feather
1 tick.
After the introduction Of the testl.
mony Of these witnesses the State
Erested.
The defendants were the only wilt.
{nesses on their side. Mike Tonko:
;yich alone could speak English. He