The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1920-11-23
EVIDENCE AGAINST PAPPAS ''"
COMPLETED At NIGHT SESSION
HIGHLAND GREEK on TRIAL. FOE
LITE ON MURDER CHARGE.
Jury Secured with Ease and RAPID
ProKrsss II Made in Trial

The state last evening at 9:40 o'clock
in the case OF State vs. Gus lappaS. OF
R.chland, charged with numbering Joe
ViSocki. in the defendants pool room
a. R!Chiand on the evening OF Scpteln-
The ending Of the states case came
as a sudden surprise, as several more
witnesses were expected 10 be called,
The defense did not start It's case. ana
court WAS adjourned until this morning
at 80 o'clock.
The defense, according to Attorney
Frank y. o'kr'en. has seven or eight nm
rurtant witnesses 10 be called today.
and Il IS expected IN" trial WILL end be-
fore tonight
The trial last cv"u.ng was marked
with numerous CLASHES between counsel,
the CLIMAX coming wu'n the states at
tUrneys demanded the copies hcld hS
Mr. O'Bren OF testimony taken at the
preliminary hearing in the county jail
September l6th. II was shown the notes
were taken by I stcnUGrlpher employed
- Mr. UBrlvu tor IA" defense. ana the
original notes could not be presented,
"a they belonged 10 Mr.. O'Er:"n. How
ever, the defendants counsel agreed To
asked for. and II was presented. The
jurors were excluded from the room
daring the argument.
story Of Eyswitusss.
Tony Lackner, Il boy - years ca. EN-
ployed as Il motorman IN III" l;,Gnland
mine was tho first witness called iaSt
-vening. His testimony opened VIII
his telling OF his acquaintance with
NisoCki and how long he had lived in
ltichland. He told his story rs follows:
II went 10 the pool room on that sun
day morning. coming from Rr'dg"port
where I am staying. We Played pool al
morning. and then I went homo to din
ner. ! went back about | o'clock and Joe
was still there. We played pea pool I'M
Ill about 2 o'clock when We had 10 stop
rs Sunday school was going on next
We started playing again whom Sunday
school let out but Joe and l soon QUIT
AZ we had lost money. IN the evening
nhout seven o'clock, Joe was giving out
the pills to the other fellows VIII" were
plaYinE when We found the five pill
missing. The players all agreed the i've
hail was not in the playing. There. were
several in the game. among them oeInS
the Russian fellow. Frank. In the last
game played Frank drew the SiSnt
nil. and when h. made his hall lie
ranped on the floor. Indicating that ne
Ind made his pill. All the fellows looked
ri him, and no threw his pill on the Ia
hle. and there was the i've.
Joe told Frank that he was play
ing dirty and was crooked. and they
started TO scrap. Nick came over and
tried 10 put Joe out. and tore Juos col
lar and shirt They finally put him out.
md I was on the outside by that time
aS 7 didn't want 10 be IN tr"uhie. Joe
wanted To go BACK IN ana We lEIH4 "
stop him. telling him he would cause
trouble but no said no only wanted 70
40 in aud bring Nick out Tor tearing
has shirt. .
Gus went behind the counter and in
n few seconds came OUT with the gun.
Vie threw il above his head. and came
down firing. the bullet hitting joe IN
IN" face.
Il didn't go back in the pool room but
won't 10 tho tipplo and told Charlie 70
call \ doctor and the police. Joe was
fighting with Nick. and had SAID moth
ing TO Gus. Gus was standing seven OF
eight feet away. ~.
I'pou cross examination by Mr.. o.
Erirn, IaCkner said he did not see NICK
md V!soclii rolling around on the floor'
und did nor see n chair and billiard cue
broken in tho fight. He said Joe PICKED
Nm a bali OF the table hut dill not see
him throw it At anyone. II" SAID Joe was
curSiry and swearing when ne came our
s,,,1 sid he was going to get Nick and
fight him.
7 \ncrl Schilling. an electrician AZ
~. rirNlard mine WAS next called. he
,l,arly told his story and was severely
rrtlIrj by Mr.. O'Rren making several
conflicting statements.
started the nght. telling il the same a.
Iarkncr. III, told Of thu sCuttle between
Frank and the murdered man. He told
MS story rs follows: Joe declared
Frank was not playing tn" game falr'
and the argument started. stood IN the
door all the time, and saw Frank and