The citizen. (Honesdale, Pa.) 1908-1914, 1912-01-24
GEORGE COT GUN
IN A SOAP CLUB
Tried 1t Out First Time
on mitchell Day"

PROMPTON CONSTABLE ARREST
ED HIM-HONESDALE SQUIRE
FINED HIM-BUT, OH JOY,
WAYNE co. JURY DIDN'T BE-
LIEVE HE SHOT ON SUNDAY!
The last case tried at January
term of Court, that of Common
wealth versus George Schlosky and
Andrew Novak, endicted for shoot
ing on Sunday, October 29, 1911, |
was opened Friday afternoon. These
Jurors were impaneled in the case:
Martin Fisher, farmer, Scott;
Fred Eldred, farmer, Lebanon; Geo. |
A. Goble, farmer, Paupack; c.. o.
Blake, farmer, Dyberry; NJ. A. Gill
pin, farmer, Sterling; Daniel Smith,
mason, Honesdale; John Dorbad,
laborer, Texas; Chas. Robson, farm
er, Damascus; David Scudder, farm
er, Oregon; Chas. Varcoe, farmer,
Clinton; Herbert Moore, farmer,
Salem; j. A. Hobbs, farmer, South
Canaan.
p. II. Iloff, Esq, attorney for the
defendants, entered a plea of not
guilty for his clients. In outlining
the case to the jury, District Attor-
ney NJ. E. Simons, in his opening
address, explained that the charge
against the two young men was that
of shooting in the borough of
Prompton on Sunday, October 29,
1911. Under the laws fPennsyl-
vania, he said, it is an offense to
shoot on Sunday. The charge was
preferred by w. McMullen, constable
of the borough of Prompton, and the
case brought before Squire Robert
A. Smith, Honesdale. The defendants
came before Squire Smith, were
convicted, sentenced and took an ap-
peal. The suit was brought under
the Act of 1878.
Attorney Iloff called the attention
of the Court to the fact that the
Justices transcript stated the action
was brought under the Act of 1903.
! District Attorney Simons stated that
! the offense was not an indictable
one, until there had been a hearing
and a conviction before Justice.
The Law, he said, doesn't give them
any right to enter bail until after a
hearing and conviction.
Squire Robert A. Smith was the
! first witness called by the prosecu-
ton. He swore that on October 81,
he read the charges to the defend
ants. They didn't make any reply
to them. They admitted they were
| shooting III IDe WOOuS OH
Under cross-examination, Squire
Smith swore that when he asked
| them if they had license, they said
they hadn't. They told him also that
they didn't belong in Wayne county.
| When asked whether the defend
ants pleaded not guilty, he answered
"No, sir" He went on with the
hearing because he wanted to know
whether the charges were correct.
q don't know what they 1.-THE de-
fendants) said. l guess they didn't
say anything at ALL"
w. McMullen, the next witness,
swore that he held the Office of con-
stable in Prompton last October.
He saw the defendants on October
2S, 20 and 80. They came in on the
7 o'clock evening train, October 2S.
He saw them about Paul Olszefski's.
He heard twelve or fourteen shots
fired on Sunday afternoon. He was
at the Justices Office on the 30th.
Squire Smith asked them if they
were guilty of the charge and they
acknowledged they was. They ac-
knowledged the charge. McMullen
couldn't tell what they were saying
because they spoke in their own
language. Paul Olszefski was there
as an interpreter. Under cross-ex-
animation he said he heard the
young men give their names to the
Squire as near as they could in Eug-
lish. McMullen said he lived about
$50 rods from Paul Olszefskrs. He
saw them on October 20. He didn't
see them any time on Sunday in the
woods. personally. He saw the flash
of their guns after dark.
ou,is DoIn.np
that he saw the defendants a few
times last October. He saw them
getting off the train on October 2S.
They had packages with them. He
didn't see them after they got off
the train and went down hill. He
heard shooting in little grove right
back of his house on Sunday towards
dusk. He saw the flash of the gun
but he couldn't tell who was shoot
ing.
Constable McMullen was recalled
to the stand and testified that one of
the defendants, Geo. Schlosky, could
understand English. At the hearing
when the Squire read the charge to
them, Paul OlsZefski said to them
he told them they'd better not go,
but they said they'd go anyway.
OlsZefski spoke to them in a foreign
language. The defendants didn't
have the money to pay the fine. Nc
Mullen arrested them at the station
in Prompton. He didn't search them.
He took the prisoners with him. He
found no game in their possession
when he arrested them on Monday,
October 30. They were on their way
to take the train for home.
Robert A. Smith, Jr., testified that
he attended the hearing in his faith
er's office. Constable Moran, Con-
stable McMullen, Chas. McMullen,
Paul Olszefski were also present on
that occasion. He read the charge to
| them for his father. Paul OlsZe-