Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1908-08-06

to the store and wanted to telephone to
Bethel for teams; couldn't get the tele'
phone for them and they swore; Jim Guy
ordered them out. Didn't see the fight
begin, but heard the noise and saw the
crowd running towards the quarry. Some
were yelling.
Lester Davis and Mr.. Dayis-Live In
the quarry locality. Sunday evening,
June 14th, was sitting outside the house
listening to Mr.. Johnson's graphophone;
heard noise and saw crowd OF men
come by our place in the road; it seemed
rs II one party was running away and the
other chasing; the first fellows had on
coats, the pursuers were in shirt sleeves;
there were seven or eight in the first
crowd, and six or seven in the last.
Mrs. Davis heard q voice say, ''Don't
strike me, Julius.''
Mike O'Gan. Frank subatka, George
Krahski. Martin Schmidt, George Kar-
minski, Valiant Levak, John Boknik-
all Poianders, were of the party that went
to Bodkavitch's on the Sunday, and re-
lated what has been stated as to what
was done there. They did not all leave
together as Mrs. Birdcsge stated, but in
groups at different times during the after
noon; there were only four left at the
last.
Judge Royal 7. Fiint-Expiained the
plan he had made from a survey of the
locality, showing houses, distances, etc.
John Albin--R Related the story OF the
Poles asking the Russians what they fol-
lowed them for; saw the Russians chase
the Poles; didn't see the man who was
killed, struck; saw them strike Big John I;
he ran into the woods; did not look back
to see who'the Russians were who were
running after US; we had no time to look
back.
Leon johnson and wife-Stafed in sub
stance the same as Mr.. and Mrs. Davis.
The Johnsons and Davises occupy q dou-
bic house together.
That closed the case of the state in
opening, and the defence ut once began.
Charles BatcheIder is defending, assisted
by wallsce y. Bstcheider.
The defence called the following wit
nesses to testify as to the reputation of
the respondents as peaceable citizens not
OF quarrelsome nature:-Henry w. Davis,
Mrs. Davis, Rev. T.. r. FELTON, and Mrs.
FELTON,, Addison Smith and Mrs. Smith.
James J. Bailey, Mr.. and Mrs. Charles
Newman, Willis Davis. John ID. Wheeler,
Rev. J. w. Miller, Alonzo II. Spooner
and Mrs. Spooner.
Some OF the witnesses stated Fl Poles
went mp the road towards Birdcage's that
Sunday and some appeared intoxicated.
Frank MilImnn-Lithusnian work ct
the quarry; was ct John Guys Sunday,
June IA; saw the Poles at Birdcage's and
saw them go away, about Q p. M; saw
them come back to near Birdcage's place.
Mrsa Birdcsge told them to go home and
asked what they wanted. Toney Menck
also told them to go home. Then the
Poles threw rocks towards the Russians
and when the Russians ran towards the
Polacks they ran away, and all were lost
to sight in the darkness; saw no striking
at all, only stone throwing by the Poles.
Joel Birdcage Told of the coming of
the Poles to his house as already related.
When the last OF them left the house
went to Guys store to get some tobacco;
while there heard shouting and went
outside and saw q crowd OF men running
but couldn't say who IL was About IL
ID. M, when / went for water, found
George Bardak, hurt and eroaning,. and
took him to my house as stated by Mrs.
Birdcage.
The four respondents-George Renal
ko, Toney Bulky and Joe Bulky and
Toney Menck-all testified in their own
behalf. In substance their story was that
they were at John Guys store, sitting
down smoking and behaving themselves.
The Poles left the Birdcage place about
s 80 or 8 p. m. and in about half an hour
returned. Mrs Bifdcage asked them
what they had come back for and they
said "None Of your business-we will
show you " hat we came back for.r Toney
Menck said to them, "Boys you had bet
ter 60 home" then they began to throw
stones, and Julius Menck, one of the two
Russians who ran away, demonstrated
with them Then they attacked Julius
and the respondents ran to his aid; the
Poles ct once ran away and the respond
ents chased them only enough to ensure
their retreat. All the respondents de-
MED having any sticks. and denied strik-
ing any person. roney Menck was
struck on the head with . stone.
The rebuttal consisted in showing that
respondents had been accustomed to visit
the Guy place and that il bore bad re-
putation for Q lawless place resorted to
by noisy men. The respondents showed
that ii was mostly English-speaking men
who made the noise at Guys, and not the
Russians, who all bore good regulations
in respect OF being non-users of intoxi-
cants.
Joseph Goldin OF Springfield, Mass,
was the interpreter for the state, Al
phonse volashs OF Cambridge was inter-
prefer for the respondents, and stood
Loyalty by them rs an aid in helping the
consultations with their counsel.
The arguments were concluded q little
after half past three Monday afternoon,
and after . short intermissicn, Judge
William H. Taylor, presiding Judge,
charged the jury. He defined murder in
the second degree as charged in the in
dictment, and mansiaughter; he said the
evidence would not warrant the jury In
finding that either Of the prisoners in
fiicted upon the deceased man, Bardak, the
blows OF which he died; in order to con-
vict the prisoners; the jury must ind
that there was concert of action among
all the Russians-the four on trial and
the two escaped-and that all acted with
. joint purpose; that unless the jury 80
found, there must be an scquittaL The
jury retired . little after five. About half
past eight the changing Of the court house
bell announced an agreement and in Q
few minutes . full house was in attend
ance, the guests Of the Inn being largely
/ T.