The citizen. (Honesdale, Pa.) 1908-1914, 1912-01-24

er-in-law. On the whole of that
Sunday the defendants were around
and about Paul Olszefsk's house.
They weren't in the woods at all,
and had no gun. They went out on
MitchelPs Day, and shot at mark the
same being miners holiday.
Geo. Schlosky, one of the defend
ants, took the stand in his own be-
half, and testified that he lived at
Simpson, Lackawanna county. He |
was at Paul OlsZefski's on Mitchell 7
Day. He came there Saturday |
evening on the last train, and stayed |
there over Sunday. He didn't do
any shooting on Sunday. He and /
the other fellow with him were un-
der the trees, resting and around the
house. His brother was there, and
his brothers wife was there too. He
didn't shoot in the woods on Sun
day. He shot once or twice at a
piece of paper, mark, on Monday.
The other fellow (Novak) was with
him. He said he didn't know how
old he was.
When cross-examined by District
Attorney NJ. f. Simons Schlosky said
he didn't hear any shooting Sunday
afternoon. Il shot on Monday. /
wasn't out on Sunday. He admitted
being told by Olszefski of the charge
against him; and also that Olszefski
told him not to shoot on Sunday.
"Novak didn't have his hand on the
gun while we were at Paul Olsze-
fskfs. | had it. | got the gun in a
soap club. 1t came to Prompton by
freight. | got in Saturday night.
That was the first | ever saw it, /
carried the gun at the station Mon
/ day. The gun was left here. Novak
didn't have no gun"
Mrs. Mary Fitzgerald was called to
/ the stand and testified that she has
/ been living in Prompton for the past
ten years. She saw Schlosky and
| Novak at Olszefski's on Sunday, Oct.
| 20.
Cross-examined by District Attor-
ney M. E. Simons the witness stated
that on Sunday, October 29, she was
doing the housework, getting dinner
and taking care of the children.
/ The defendants were wrestling and
I playing around the house. The gun
was in the house in the back kitchen.
She didn't hear any shots fired that
day. One gun was all they had. The
defendants were in jail, Tuesday.
!
gun was left here Tin Honesdale)
She was cooking in the kitchen, Sun
day. The defendants didn't go into
the kitchen all day, Sunday.
Geo. Novak, the other defendant
in the case, was called to the stand.
He was unable to speak English, and
John Schlosky was sworn as inter-
prefer. He admitted that he was
arrested on Mitchell Day. He was at
Paul Olszefski's house over Sunday
Neither he nor George Schlosky went
out shooting on Sunday. He hadn't
a gun in his hands, Monday at all
Geo. Schlosky didn't shoot on Sun.
day. On Monday, Geo. Schlosky shot
at mark right behind the house. He
put up a paper and shot at mark.
John Schlosky testined that his
home was at Simpson. He and his
wife, two of his brothers and George
Novak spent Sunday with the boys
in the house, and in playing with the
small children in the house. He
heard gun shots on Monday. but not
on Sunday. Under cross-examina-
ton, he said that he didn't see the
i. gun on Saturday or Sunday.
The defense rested.
In rebuttal District Attorney ST.
mons recalled w. McMullen. He
said he saw the defendants in the
woods with guns, Monday, or rather
he saw four fellows with two guns
and these two defendants were part
of the party.
Cross-examined by Attorney Iloff
he said that these four people had
; two guns. He saw them shooting a.
mark. He didn't see them shoot or
, Sunday.
, Court adjourned at $50 p. m.
: Court was convened Saturday
morning at 8 o'clock, when Attorney
lloff addressed the jury in behalf Of
his clients, the closing argument fol
, the Commonwealth being made by
the District Attorney. The Judge
, charged the jury, and the case wa!
, given into their hands at 1926 a. m
AT 1885 a. m, the Jury filed into
the Court Room to ask the Judge g
, question. One of the jurymen asked
the Court if the costs in the case
, could be divided between the Com
monwealth and the defendant. The
Court replied that they could not
They left the room, and nine min
/, utes later returned with a verdic
placing the costs on Constable Me
vi ullSu' lie JuuSe lulOIHeu lneH
that 1--WE shall be obliged to strike
off the costs against the constable
The policy of the Law is not to place
the costs on the Constable" The
Court also called their attention tC
the fact that they had neglected tC
name the prosecutor in their verdict
and told them they would have tC
go back again. The Constable ;
! said the Court, made this prosecu
tion as constable of the borough o,
, Prompton.
At twenty-three minutes pas
twelve the jury came in for the thirC
and last time. Their verdict wa.
Not Guilty" and the prosecutor wa:
ordered to pay one-half of the cost.
and the defendant the other half.
Judge Searle said he regretted tC
be obliged to take the verdict
Hunting in Wayne county," he said
, has become very common on sun
days. Foreigners come over here
fpg la al 1g,Vr