The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1920-11-24

Term of court. Attorney Frank \.
UBrien. counsel for the accused. did not
close his case until after the state Iau
completed its rebuttal argument reserr-
INK this right by agreement with the
states attorneys. Prosecutor ID. 4; NC
kec and his assistant, Carl &. Bachman
with S. y. Boyce acting as special coun-
sci.
/ Tho feature of the evening session
was the test imony OF tho dcfenuant
placed on the stand by his own attorney
nj the opening Of court. lie was sun
jrctrd to II stiff examination III when
every detail Of the shooting WIS lhor-
oughiy gone over by Attorney O'Brien
which lasted for forty minutes. after
which Prosecutor Mexico began the cross
examination. For 50 minutcS the state y
chief counsel directed questions AT MN
d which wer" transmitted through the
court interpreter, Mrs. Peter Marines
During this time while undergoing the
strictest examination heard in Iocai
court room for years, the defendant
stood up admirably under the strain
emerging from III" grilling without a
single point of his story even shaken.
Following its rcbuttal argument IN
which IL attempted To prove that NiSockl
was sober At the time when he WAS shot
falling sisnally, although .Anccll Schil-
ling, states star. was recalled along
with other witnesses. the state rested Its
case with the defense Immediately tol-
lowing suit.
! Following the Conpletion OF testimony
both state and drtclSc attorneys asked
the court In act upon instructions TO tho
jury which will be- finally decided upon
this morning. Immediately after the In
StructionS arc given TO the jury the ar
guments will be made. Assistant Prose
cutor Bachmann will speak first. follow
ed by Attorney Boyce. Councillor
O'Brien will follow with the defense ar
gumentS, while Prosecutor Mckee viii
clos, the case An hour and n half to
the side is the time allotted for argu-
mcnt
The principal instruction of the court
10 the jury as agreed upon last Is as
follows:
= The court instructs the jury that
where homicide il proven, the defendant
is presumed TO be guilty of second de-
gree murder. The state must accept
the burden Of proof to rails the charge
to first degree murder while to reduce
the charge TO manslaughtcr the defense
. must present the proof. Where ScH-iC-
/ Tense enters into the argument the dc,
| Tense must show that the accused had
! reason to fear for his life or was IN
history Of Crime.
| Pappas, the prisoner. il charged with
having on September 18th Shot ana
killed Joe Eisocki. I Warwood Pole. in
| the formers pool room at Richland H.
! lowing AN alteration between the de-
ceased and Pappas partner. NICK S'ilTr, :.
| The state alleges that the accused sh"'
! Yisocki without proYocation. deliberate.
| Is. and with knowledge of the result oil
! his shot The defense, however states
! that after having oluffed Garrl cold
the deceased approached Pappas win a
! long fence pal!nG tucked udcrneath ms
! left arm. and three pool balls in his LETT
land holding one ball in his upraiScd
, right hand. After throwing one ba !;
! which the accused says barely missed
! his head, Vicocki dared Pappas TO shoot.
n
, second time. Ficocki again dared Inc
| Creek to fire. pappaS declares that rear
! inv cor his own lifc, and intcndlhe nnly
| 10 wound the Pole, he hred the KAUAI
| shot. -, soo,oa cra,k
| ,spsYking, however, little or II" English.
| III. has been prominently connected WIN
a number OF small businesses here ~.
Wheeling and vicinity and has Il tainily
cnmposed OF wife and flre ch!!drch'
He is about IS years OF age ,,,
The polo whom he killed was siightlS
younger than ne and LETT "luo"-u
mother and one brother
Tho defendant himself took the stahu
ot tho opening OF last nights session
/ and for over an hour anu MI 80
| SUBJECTED to a stiff eXamihA tioh, ~"
/ ~ The hands of the state ami from nus
a. no attorney. After Il cursory cNamlna-
lion in which the defense fixed ON? 'ne
nosition of the various FURNISHINGS II.
| the pool room. The next, at the request
of Attorney ORrien, began tne sto'y o.
! tho shooting. He stated that ne Has
! ~ king coffee when he noticed troupe
' lie told his partner. CARR TO put
! ocki out OF the room and OF me io'1 az
return after having been e5ectcu: rrcd
the fight after the deceased Fe'u' "'N
"joe returned after he had been 9ut
/ for about three minutes ana Braooeu
! cue with which he struck my pTisncti
| Someone broke the stick anu
was Ae"" Tsns Of Shooting.
| "I, WAS but moment until ne re
,urned carving i fence paling. swear
; ing horribly and threatening my PMt
ner's life. lie stopped by thG tirst Poi
0" '!Hy partner stood still. friGhten"di
! SILLY by Joes' rage: oraereu ~
and he threw hall at me, Just snaS, UNI
NV head. l pulled out my gun and said
o., ont or IN shoot" He threatened
arain and fearing for my life rred
~ was afraid to stay in the pool room
because OF Joe's friends. ana kho"ins
that | had shot only in self defense anu am.
then not wanting to XIII. l started lor
police headquarters ana WAS atFc"'ou '''
the way down.
Prosecutor Mckee then took the VII,
ness for cross examination. lie el'Iieuu
from the witness that hall an houI
eiapscd from the time the trouble began
unth the shooting. Tho states atlorncy
tailed. however to prove that Ihp.StE
knew that yea POOL ,r wns oI the accused
stated that the first indication OF troun.e
was the fight over the pool gl!e ~
tween Visockl and Russian fFahk
Further questioning tailed To open
nm other avenues of information on '"r
night. ..o, that the
nroscrutor's records show that PappaH
alleged that Nick aad struck Joe. ia ~,
pas calmly denied kno"teuS cttnncnt
STATEMENTS on grounds or cNcltel,1,sm.'
I%mrthrr questions elected the follow
e was excited because l knew l haa
hi Joe and had probably k''I nSi,dren ,,
whSt | said and did / do not know;
IN. "no Won know what happened bet
ter now than them" asked Mckee. Mckee: 7
yes" answered Pappa*. beca@se
bavc since collected my feelings, ,,o
i'" Attorney O'Brirn asked to have b snt
.xn,ninaiion stopped. demanding thh'
IN" Interpreter used then be prooucor
rhe objection TO the record was o'''
ruled. a. continuation OF
,,,a,a examination finally adHl.I
t .nS hal yisocki had turned upon s" ,ho
o crI when forced tc, by reason o. '"'
Iatter's attempt to throw MN vIsocki?"
.yvby were you alIaIo Oh
n sked Prosecutor Mchec' -v man
ASH Ill VAS acting like n crazy me- 49,
I'D r. one Of the balls he nag IN No
AND AN had struck me 1t woulu
k'! M%hy md did you yet in the n s1i Nick
uho vas so scared he c"u'o "e'''''
sneak nor move. ,.t,r whom YOU
sh". h',m wos looking at me with pool