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7 Pennsylvania
Lithuanian Men For The Gallows by
Jay Zane
Edited By: Laurel B. Schunk, Author, St. Kitt's Press
Copyright © 1998 by Jay Zane, Attorney at Law, and the Lithuanian
Global Genealogical Society, All Rights Reserved.
Dateline: 1899, Schuykill County, Pennsylvania
The Schuylkill County, Pennsylvania,
jury deliberated all night and returned the verdict of murder in the
first degree, convicting Michael Brozoskas, Andrew Koras, Anthony
Machulis, Joseph Kajinski, Peter Stenkawicz, Anthony Stenkawicz, and
John Stenkawicz of the brutal murder of fellow Lithuanian Joseph Rutkauskas.
These seven Lithuanian immigrants, who had worked as common laborers
or miners, were doomed to pay the ultimate penalty on the scaffold
and hang until dead for this dastardly deed on Saturday, November
25, 1899. Not since the days of the Molly McGuires in the mid-1870's
had the anthracite coal region heard of such a mass conviction by
a court of law.
The brutal and cowardly homicide
occurred on September 24, 1899, in the small mining patch of lower
William Penn Colliery, located near Shenandoah in the anthracite coal
fields of northeastern Pennsylvania. William Penn, founded in 1864,
was named by Samuel Griscam, a Quaker, after the founder of Pennsylvania.
When founded, the area was a vast mountain wilderness. However, after
the colliery was open and the miners began to arrive it, the wilderness
made way to the bleak coal refuse atmosphere and the "company
houses," which were quickly erected to accommodate the numerous
miners who worked below ground. These company houses were identical
in design and all painted red.
During the early period of
William Penn, the road system was extremely primitive. The only road
would often be under mud and water, making a trip to Shenandoah extremely
difficult. The railroad, however, which was used to haul the coal,
would stop and pick up passengers when the wagon road was unusable.
The train would pass regularly at the coal breaker, which was built
on the Philadelphia and Reading Railroad Company line, was among the
largest in the anthracite coal region. In 1893, it shipped 149,779
tons of coal dug from beneath the surface and transported it to provide
heat and power to the growing United States. Shenandoah was one of
the major cities in the anthracite coal region. It lacked the charm
and sophistication that Pottville, the county seat to the south, had.
It was located in a pocket between rugged mountains that contained
valuable coal. After the destructive fire of November 12, 1883, which
destroyed one-fourth of the city, Shenandoah was rebuilt with the
assistance of numerous immigrants who had settled there. By the 1890's,
over twenty distinct nationalities could be found in the town.
Joseph Rutkauskas, after
a hard day of labor, apparently had been sitting quietly with his
young wife and child. At about 7:30 p.m. the 34-year-old immigrant
heard noises outside and went to investigate. His sobbing widow
told the police that she accompanied him to the gate and heard a
voice say, "We mean to do him no real harm but only cut him
up." After that threat was made, her husband was taken by surprise
and struck down with an ax, his head nearly severed from his body
from the blows he took.
Warrants of arrest were quickly posted for a large group of young
men. Early evidence indicated that the murder was premeditated and
perpetrated without provocation. Rumors quickly circulated - the
responsibile group was a hoodlum gang from "the old country"
wanting to carry out the evil traditions they brought with them
to America.
Supposedly, the gang openly
defied the law and maintained a reign of terror in William Penn
for two to three years. Many of the wanted men worked in the William
Penn Colliery and Superintendent Michael Golden permitted the police
to enter the mines. Arrests were made without difficulty and twelve
men were brought to the County seat in Pottsville, creating a spectacle
and excitement as they left Shenandoah by train. A monstrous crowd
appeared at the "Pennsy" Station to see the young, muscular
fellows secured with handcuffs. To avoid attention in Pottsville,
the police took a few detours to the jail.
Prisoners included Michael Brozoskas, Joseph Kajinski, Adam Romanaitis,
Matthew Bubnis, Rollas Bubnis, Anthony Machulis, Charles Shutchas,
Andrew Koras, Peter Stenkawicz, Anthony Stenkawicz, and John Stenkawicz
-- all charged with capital homicide. Also arrested for public drunkenness
and disorderly conduct were George Yudinskas, Joseph Urban, and
John Lokitus. All were Lithuanian immigrants, a number of them no
strangers to the inside of a jail cell.
The town-folk soon learned
Romanaitis had recently been released from the county prison after
serving a year for assault and battery with intent to kill. Machulis
had also been convicted of a crime of violence. "Hooligans!"
"Criminals!" thought the gentry population, now trying
to come to grips with the waves of eastern European immigrants flooding
into the coal region. The crime, it was said, was one of the most
brutal in the criminal history of the county, and it was thought
that many of these eastern Europeans were uncivilized savages.
On September 27, a solemn
high funeral mass was held at St. George's Lithuanian Catholic Church
in Shenandoah for the deceased, which was attended by many. While
the funeral was taking place, rumors persisted there were organized
gangs of thugs wandering the county's numerous mining hamlets. The
rumors would not go away. The family of the deceased requested the
dead man's name be printed as "Rutkowski," and the press
obliged.
The trial began in November
of that year. The nine men accused of fiendish, cold-blooded murder
were represented by a passionate attorney, The Commonwealth of Pennsylvania
by the County's District Attorney. The two Bubnis brothers were
able to have their case severed from the others and would have a
separate trial in January 1900.
The first witness for the prosecution was the victim's boarder,
who resided in the same house in the area of William Penn, known
as "The Block of Blazes." The origin of this nickname
is unknown. The boarder emphatically testified that he saw Rollas
Bubnis strike the fatal blow with the ax while he heard Koras yell,
"Give it to him."
A neighbor of the deceased testified that he hid behind a fence
when he saw the large unruly crowd gather in front of Rutkauskas'
house. "I could not see but I heard Koras say, 'Give it to
that bullfrog,’" the witness told the crowded courtroom.
On cross-examination the witness defined a large crowd as 6 or 7,
and that all the accused, except for Bubnis, were laughing among
themselves. He denied seeing many of the defendants at the scene.
The next neighbor to testify was a woman who remembered looking
out her window to see all the defendants outside except Shutchis
and Romanaitis. She claimed the crowd was unruly. Then, a pistol
was fired, stones hurled. "I heard Peter Stenkawicz yell towards
the house, 'Was it you, bullfrog, that hit my brother?’"
the witness calmly testified. She was followed by another woman,
who identified Rollas Bubnis as the individual with an ax in his
hand.
Without a doubt, the most dramatic witness was the young widow.
She arose from the audience dressed in deep black mourning garb
and slowly took the witness stand. Her faint voice trembled as she
identified herself. Everyone in the packed Courtroom felt sympathy
and sorrow. Although she was unable to identify her husband's murderer,
she testified the three Stenkawicz men and Machulis were present.
Despite the testimony, there was little said about any organized
gangs. Were the rumors true or false? Only time would tell.
A witness named Peter Chunas
testified that earlier that evening he saw many of the defendants
leaving Bender's Bar, one of many saloons frequented by miners.
According to Chunas, the accused were very unruly. “I heard
drunken voices stating that ‘meat will be cheap tonight,’
and I also heard talk about the ‘Zukas.’"
Chunas was followed by a female witness who stated that when she
heard a gunshot, she ran outside of her house to get her boy. On
the way back home she saw a fight on the Rutkauskas porch. "I
saw a woman come out of the house and drag one of the men back inside,"
she told the Court. “I then heard loud cries of ‘Murder!’"
However, she saw no actual attack on the victim and was only able
to say that she saw the defendants nearby.
"Today there will be 'Zukas' on toast," Enoch Mochnis
told an attentive jury, "that is what I heard Machulas say
as a group of inebriated men walked towards Bender's Bar . . . later
I saw them leave the bar in a single file and march towards the
home of Frank Wylonis, yelling out, 'come out you, Zukas King .
. . are you bullfrogs going to fight tonight . . .' " Finally,
the jury was getting a glimpse into the gang life of a certain element
of the Lithuanian immigrant population present in the anthracite
coal fields.
The constable of William
Penn was sworn in and testified the Village of William Penn had
two competing factions: the Bubnis-Koras gang and the Wylonis gang
with Frank Wylonis as the leader. The Bubnis-Koras gang was also
known as the Propenokas gang and the Wylonis gang was known as the
Zukas gang.
"What does the term bullfrog mean among your countrymen?"
the District Attorney asked the next witness, John Muldaizas. It
was explained bullfrong was a word of utter contempt, only used
in anger and used frequently between the warring factions of the
Zukas Propenokis, two Lithuanian factions that appeared to have
an inborn hatred for one another. Muldaizas informed the Court the
dead man had belonged to the Zukas clan while all of the defendants
belonged to the Propenokis clan. Both clans were from Lithuania
but from different provinces.
Additional witnesses testified these bitter feelings were transplanted
from Europe and, in fact, increased in intensity. Newspapers told
their readers the bitter feelings of the Zukas and Propenokis were
stronger in America than in "Russia-Poland."
During the prosecution,
the District Attorney wanted to prove the victim was a member of
the Zukas, Bullfrog gang, the defendants members of the rival Propenokis
gang. The motive: gang rivalry or gang revenge - clear and simple,
according to the Commonwealth's advocate. Muldaizas tried to explain
to the jury that Rutkauskas was a member of the Zukas crowd while
the defendants were from the opposing group. These groups were from
different areas of the old country.
The defense counsel objected to this line of questioning, "There
is nothing relevant in this testimony . . . so what if the men were
from different areas of Lithuania?" Frank Zuberinski testified
that earlier he heard Machulas saying that "meat will be cheap
after tonight as we will kill a bullfrog Zukas . . . much bologna
on the streets tonight. Let the Zukas come out." On cross-examination
he admitted to being a Zukas. Frank Wylonis, another witness, testified
to being a Zukas. In fact, he was the leader of the Zukas faction.
He had heard Koras shout outside of his window, "Come down
the stairs, you big bullfrog! I will make bologna out of you and
sell you for ten cents a pound."
The defendants’ testimonies conflicted with one another,
which did not help their case. In fact, one defendant's alibi changed
four times while on the witness stand. All denied responsibility
for the horrible death but all admitted to consuming large quantities
of whiskey and alcohol that evening, all so drunk that accurate
recollections were almost impossible. However, one thing was obvious
from the testimony of the defendants: all fingers pointed to Rollas
Bubnis as the one who may have done the deed. [I said may as none
could positively state they witnessed the homicide.]
Defendant Peter Stenkawicz testified most coherently, stating,
"We were walking from Bender's bar when Frank Wylonis stuck
his head out of his window yelling, 'Here comes Koras the big Indian
with his monkey’ . . . he meant Usnokis, his buddy that was
with him. I went around the crowd with Usnokis' hat asking for pennies
for the “little monkey.” We then asked Wylonis to come
outside, but he didn't want to. We kept up the fun as we went along
the street, stopping at every gate, asking for pennies for the monkey.
Later on Zuberinski and my brother started a fight, and my brother
was beaten with a club. Zuberinski ran into the dead man's yard,
but Rutkauskas put him out and told him to fight in the street.
I don't know who struck him down though . . . I was trying to help
my brother . . . I am a cousin of Mrs. Rutkauskas, and I have friends
that are Zukas and Propenokas."
Defendant Koras disputed the fact that he was a Propenokas. He
testified he was from a province in Europe called "Waver"
[which may be a misspelling due to his thick accent], which was
nearer to the Zukas province than the Propenokas province.
Repeatedly, defense witnesses wholeheartedly agreed that all of
the defendants were extremely intoxicated, but the murder could
have been done by another person rather than by one of those charged
with the crime. One defendant swore the deed was done by an unknown
assailant standing in the victim's yard. As there was so much commotion
going on, it was impossible to say for sure.
In his closing remarks to
the jury, the defense attorney provided a summary of events . .
.
+ The men were celebrating . . .
+ They had certainly drunk too much alcohol, but they were laughing
and joking and meant no harm + Frank Wylonis, the Zukas leader,
had insulted them and instigated fighting . . .
+ No one had been threatened . . .
But, what had really happened according to the District Attorney
was: Rollas Bubnis took advantage of the drunken celebration and
struck Joseph Rutkowski. It was stated that Bubnis held a grudge
against him since Rutkowski had had him arrested five weeks earlier
for disorderly conduct at a wedding.
The jury had little difficulty
in returning a unanimous verdict: guilty of murder in the first
degree against all except Charles Shutchas and Adam Romanaitis,
who were found not guilty and released. After the first ballot eight
jurors were in favor of first degree murder, three for second degree
and one for voluntary manslaughter. It was dramatic when each juror
was individually polled as to each of the seven condemned men; it
was the largest conviction in the history of the county.
The seven Lithuanian immigrants
were immediately handcuffed and escorted back to prison while their
attorney announced he would file a motion for a new trial. Koras
yelled out as he was led away, "If I am hanged on the scaffold,
I will die an innocent man." The press immediately proclaimed
the verdict would have a wholesome effect throughout the county
by making those "foreigners" think twice before indulging
in the debauchery they were accustomed to. Never in the history
of the County had so many men been convicted of first-degree murder
- not even during the dark days of the Molly Maguires when five
men were convicted and subsequently hung. Many lawyers who followed
the trial professed their surprise and believed a new trial would
be granted as none of the men were actually seen doing any violence
towards the deceased.
The jubilant District Attorney
saw things differently: "The jury believed that they were all
accessories before the fact and therefore just as guilty as if they
each swung the ax. Justice has been served." But, according
to three Judges of the County which granted the seven men a new
trial on April 30, 1900, justice had not been served. In his motion
for a new trail, the defense counsel argued, "These men are
of foreign birth, strangers in a strange land who are entitled to
the same protection as though they were native born." The new
trial for the condemned men would commence in a few weeks. Would
these Lithuanian immigrants be saved from the noose, or would they
join the Bubnis brothers on the scaffold? Friends of Andrew Koras
announced a fund-raiser to gather the money necessary for an appeal,
estimated at $1500.
In early January 1900, the
homicide case against Matt Bubnis and Rollas Bubnis began in earnest.
The two, young dark-skinned Lithuanian brothers remained close throughout
the proceedings. Rollas was only 19-years old, his brother 26. They
would converse between one another in both English and their native
Lithuanian language. With the exception of defendant Koras, the
two Bubnis brothers appeared to be the most intelligent.
The defense in the second
trial focused on the one alleged eyewitness, Frank Duchas. It was
argued Duchas was biased against the defendants and possibly could
have committed the murder himself or was covering up the identity
of the real killer. Counsel for the defense was determined to prove
Frank Duchas was at the bottom of all the trouble and Rollas Bubnis
was an innocent man. His eloquent opening statement caused quite
a sensation, one of the most dramatic in the history of Schuylkill
County court proceedings.
During the second trial,
the testimony of the witnesses did not vary a great deal from the
first trial. When Frank Duchas was on the stand, the defense attempted
to impeach him by insinuating that somehow Duchas was involved in
the homicide. Questions by the defense as to his romantic involvement
with Mrs. Rutkowski, the young widow who was his landlady, were
objected to by the prosecution; the objections were sustained. The
testimony of Frank Duchas was damning to the defense, as he positively
identified Rollas Bubnis as the assailant and the others as in the
vicinity. He stated he was within ten feet of the victim at the
time of the murder and there was no doubt as to who he saw. He was
asked to point out which of the defendants he saw strike Rutkauskas.
All eyes in the courtroom turned to the defense table as Duchas
pointed his outstretched hand at Rollas Bubnis. At the first trial,
he was uncertain who the actual killer was, even though he was only
three feet away. Duchas also gave somewhat of an explanation of
the two Lithuanian factions. He told the court that Zukas were men
from a certain county in Poland while the other faction were men
from the part of Lithuania attached to Germany.
Through defendants' testimony, it was learned September 24 had
been Matt Bubnis' twenty-sixth birthday, and the brothers had purchased
a keg of beer and a gallon of whiskey to celebrate. They started
to drink at 12:30 PM and finished at 1:30 PM. They then went to
Bender's Bar to continue the celebration with friends. Rollas, who
had arrived in the United States in 1897, was the youngest among
the group of so-called Propenokis and was clearly the most intoxicated.
Attorney Seltzer gave a powerful closing address to the jury on
behalf of his client, Rollas Bubnis. He referred to the words of
Pontius Pilate . . . "I FIND NO EVIL IN THIS MAN" as the
rabble shouted: "CRUCIFY HIM" . . . He brought up other
interesting points to create the reasonable doubt necessary to acquit
including testimony from several that one of the men in the street
brawl near the deceased victim's home - that a Mr. Zuberinski also
had a billy club or ax with him. Seltzer hammered home one point:
all were highly intoxicated, enough to impair any formation of intent.
And, Rollas Bubnis was not only intoxicated, he was also "gloriously
the drunkest of the lot."
More than three months in
solitary confinement in narrow prison cells, with the possibility
of death by hanging, had telling effects on the two Bubnis brothers.
Rollas had lost more than twenty pounds over the months. They were
anxious to get the trial over with. At approximately 7:00 PM on
a cold January 10, 1900, they would get their wish: the jury of
twelve men came into court and rendered their verdict: Rollas Bubnis
was guilty of murder in the first degree. Because little evidence
was presented as to his involvement, Matthew was acquitted. In fact,
the testimony, if believed, indicated Matthew acted as a peacemaker.
Matthew was immediately released and went home to William Penn.
Rollas was handcuffed and led away to a solitary confinement cell
in the prison immediately behind the Courthouse to await sentencing.
He would join his other condemned fellow countrymen sitting on death
row.
In June of 1900, Rollas
Bubnis stood before the Judge and without a tremor, listened to
his death sentence ". . . You will hang by the neck until you
are dead, Mr. Bubnis . . .," Judge Marr calmly proclaimed.
Nearly everyone in the packed courtroom stood up when the defendant
was led out of the courtroom to his small prison cell.
Seltzer promised a swift appeal. His earlier motion for a new trial
had been dismissed by the Court. He was still confident his post-trial
motions would lead to a new trial and save the immigrant defendant
from the scaffold. Seltzer was convinced Frank Duchas was having
an affair with Mrs. Rutkauskas and committed the murder. He had
even presented a sworn affidavit that the widow and Duchas had been
seen together in her bedroom and Duchas had threatened to kill Joseph
Rutkauskas. Although Seltzer firmly believed this, the Court did
not; Rollas Bubnis would be doomed unless an appeal was successful.
On February 26, counsel
for the original seven condemned men spoke for an hour pleading
to the Court for a new trial. The District Attorney argued the "gang"
had agreed to kill a Zukas that night - that they became intoxicated
and killed Joseph Rutkauskas, a known Zukas - that they kept their
promise to make bologna out of a Zukas. "No new trial was warranted
as justice demanded that these seven join Rollas Bubnis on the gallows,"
argued the impassioned district attorney.
The Court viewed it differently and granted a new trial to the
seven in late April 1900. This good news was promptly conveyed to
the prisoners who had been living in solitary confinement since
September. They were overjoyed, eager to prove their innocence.
The May criminal term would be overshadowed by the retrial. Incidentally,
the order granting a new trial was entered by three judges but without
any opinion whatsoever as to the basis of the order. Anyone familiar
with American jurisprudence could see the obvious errors. How could
the original jury really believe beyond any reasonable doubt that
all these men knowingly conspired in advance to kill Joseph Rutkauskas?
Was this more of a case involving a drunken group of men out of
control?
For the third time in seven months, a trial for the murder of Joseph
Rutkauskas would take place in mid-May. The third trial did not
attract the large crowds as the earlier two had. The first witness
was the widow of the murdered man, her sorrowful face hidden behind
her long black veil. When she began to speak, she pulled back her
veil and told the story of her widowhood while tears trickled down
her checks. Again she was unable to identify the assailant, her
testimony mirrored those given in her other two appearances in Court.
Besides the young widow, another dramatic witness would be Thomas
Valitas, who testified that he heard defendant Koras state that
if he found a Zukas "we would kill him because when I command
my children, they must obey. There was only half of my party there
that time . . . next time I would have more on hand . . . I am the
king of the Propenokas." As Valitas told his story in Lithuanian,
it was translated into English and the pale-faced widow wept bitterly.
Anthony Machulsky, the first defendant to testify, dramatically
took the stand. "I swear that I had nothing to do with the
murder committed by Rollas Bubnis, " the trembling witness
stated in his native tongue. "I never conspired to kill Rutkauskas
or any other Zukas. Koras earlier in the evening had talked of killing
an Englishman, but I was drinking heavily and did not know if he
was just talking silly."
The finger of guilt was now shifting to Koras as well as Rollas
Bubnis. Jacob Schmidt, a local villager, testified he had been out
walking on that fateful night when Andrew Koras grabbed him by the
coat and asked, "Are you a Propenokas or Zukas?" Then,
Schmidt claimed, someone else yelled out, "Leave him alone
as he is a Dutchman or Englishman and we don't kill a Dutchman or
Englishman today . . . we want a Zukas. Then," Schmidt continued,
""Frank Koras said, 'We will catch us Frank Wylonis as
he is a stout fellow and we will make bologna out of him' . . .
everyone around Koras started to laugh."
Again, Wylonis testified to the same facts as before. He attempted
to explain the Zukas and Propenokis clans to the jury. "These
refer to counties in our native land. They are alike as they are
all Lithuanians in the Russia-Poland lands. I am Lithuanian and
also the Zukas leader here. There is no Zukas county in Lithuania
or Poland; they all come from the same area of our native land."
A map was given to him, but Wylonis, an uneducated man, was unable
to locate what parts of the "old country" he referred
to.
Joseph Shutchas testified that he was neither a Zukas or Propenokis
but that he lived about six miles from those clans in the old country.
Where he came from he was known as a "Capsis," as each
parish had a nickname.
Local newspapers gave the
re-trial considerable coverage. An article in Pottsville Republican
read: "Whatever may be the final termination of the William
Penn murder trial now in progress, the echo of its effect and warning
will ring in the ears of Lithuanian immigrants now in America and
those arriving in this country...for the next quarter of century.
It is a noticeable fact that since last September when the murder
occurred there have been very few christening or wedding festivities
in the county . . ."
During the retrial, it was obvious the stress was taking a toll
on all the defendants. Anthony Stenkawicz was believed to have gone
mad. He never raised his head during the proceedings and simply
looked at the floor and smiled.
"First degree or nothing," the District Attorney pleaded
to the jury in his closing remarks, "a conspiracy to kill was
proven beyond a reasonable doubt that the defendants did, with Rollas
Bubnis, agree to kill a Zukas that night and the loathsome deed
was carried out."
While the jury was deliberating the verdict, the press reported
the defendants waited in agonizing suspense. "It will be many
years before we see such a cowering group suffer such suspense that
no pen can adequately describe . . . seven men sitting in a row
. . . strangers on an alien shore, ignorant of the language and
the institutions of the country which gave them three times the
liberty than Russia gave them . . . " was one reporter's description.
The wrath of the press was directed at Koras who came across as
the huge, menacing chieftain of a clan of lowbrow kinsmen. The most
sympathy was directed towards the three Stenkawicz brothers, who
had broken their mother's heart as she awaited hearing of their
fate back in Lithuania. Anthony, of course, had suffered an apparent
mental breakdown and was the most pitiful of the lot.
Would this jury be different
from the first and save the seven from the gallows that awaited
them? On May 26, after twenty hours of deliberations, the jury returned
its verdict. People rushed to the courtroom to hear the verdict.
The suspense for all was overwhelming. The few minutes waiting for
the court bailiff to read the jury verdict seemed like hours. Koras
was found guilty of murder in the second degree while the other
six were convicted of manslaughter. At no time during the deliberations
did followers of the proceedings believe that anyone would be convicted
of murder in the first degree due to the lack of sufficient credible
evidence.
While the verdicts were being read, the defendants expressed every
anxious emotion. Koras showed his great disappointment that he was
singled out for the higher grade of homicide, for although he would
not hang, he would face long confinement in the Eastern Pennsylvania
Penitentiary. He shouted out, "I might as well hang as I am
innocent of the crime!" The pitiful Anthony Stenkawicz was
apparently indifferent to the verdict and simply smiled while his
two brothers showed their relief. Quickly, the thoughts of many
turned to the fate of Rollas Bubnis, once one of eight Lithuanian
immigrants sentenced to hang, but now the only one doomed to this
fate.
It would be difficult to express the feelings that went through
the mind of Rollas Bubnis as he heard the verdict while awaiting
his appeal to be heard by the Pennsylvania Supreme Court. The twenty-two-year-old
Lithuanian peasant sat alone in his narrow cell in the shadow of
the Schuylkill County gallows which loomed before him day after
day. When first arrested he was a muscular young man, but as the
months dragged on he deteriorated mentally as well as physically.
His solitary confinement cell had been stripped of all possessions
except for an old mattress on the cold stone floor. He not only
thought about himself but openly worried about his father, a widower,
whom he had left in Lithuania a few years ago with hopes of bettering
himself in the new world. When they bid each other farewell in Suwalki,
a Russian-occupied Lithuanian province, did either have any idea
of the fate that Rollas would meet?
"Oyez! Oyez! Oyez!" the court crier bellowed. The Honorable
Justices of the Pennsylvania Supreme Court, on January 7, 1901,
handed down several opinions in open session. It was not the news
that Rollas Bubnis was hoping to hear. The judgment of the lower
court was sustained, the appeal dismissed. Bubnis now await the
date of his execution. The Supreme Court held evidence was sufficient
that eleven members of a Lithuanian gang called the Propreonokus
included the prisoner. This gang had made threats against a rival
gang member prior to his death; the prisoner had been seen with
an ax in his possession before the violent killing. The deceased
victim had been a member of a rival Lithuanian gang, the Zukas.
The judgment of the lower court was affirmed and the record remitted
for the purpose of execution.
Only one question remained:
when would Bubnis hang from a rope until he was pronounced dead?
The condemned prisioner quickly received the bad news. Governor
Stone signed a death warrant establishing April 17, 1901 as the
execution date. When Sheriff Beddall, accompanied by Lithuanian
priest Rev. Kaminski, read Bubnis the warrant, he held up briefly
but then soon broke down in tears.
Time was running out fast. The defense counsel had one last avenue
to save Bubnis from the gallows. An application for a pardon was
hastily filed. It would be a long shot, but there were no other
channels open. Would this have a different result? Only what very
little time was left would tell.
Bubnis' daily routine of asking the guards "Any news yet?"
would continue for weeks. Many local attorneys and county officials
took up the cause of Bubnis and wrote support letters for the condemned
immigrant to the Board of Pardons. W.D. Seltzer, his lawyer throughout
the case, told the Board that Bubnis' ignominious death on the scaffold
would be nothing less of a judicial murder.
In his argument, Seltzer
focused on new evidence - the Commonwealth's star witness had been
an intimate companion of the widow both prior to and after the death
of her husband. Duchas had been a boarder at the victim's home.
The victim had been informed that his wife had been caught in their
bedroom! Rutkauskas and Duchas had a physical altercation and Rutkauskas
ordered all boarders to leave his home. All left but Duchas, as
Mrs. Rutkauskas stated that if Frank Duchas left, then she would
leave too. Duchas remained and subsequently made threats to kill
Rutkauskas.
Since there was no eyewitness to the murder, did this not create
a reasonable doubt as to who swung the ax? Did not a witness testify
that she saw a scuffle on the Rutkauskas porch and saw a woman pull
a man into her house? Could this have been Frank Duchas being pulled
back into the house after he struck the fatal blow? With this drunken
crowd outside could he have the perfect cover? Instead of a gang
fight, could the murder have been born from a lover’s triangle?
The facts were presented to the board. One defendant had signed
an affidavit that Duchas paid him $25 to point the finger at Bubnis.
A letter from two of the jurors indicated they now had reasonable
doubt as to the first degree conviction based on the intimacy between
the widow and the star witness and requested clemency for the convict.
At the conclusion of his hour-long argument, the members of the
Pardon Board told the impassioned Seltzer that he had set forth
a compelling case and that the sentence would be commuted from death
to life imprisonment. In fact. the Board congratulated the defense
counsel for one of the best presentations ever given. It was indicated
that additional clemency could come later after a more thorough
investigation.
Although he believed his client innocent of the charge of homicide,
Attorney Seltzer was pleased, he had saved a human life. When Bubnis
received the news through an interpreter, he simply smiled and expressed
joy and then lay down to rest on his straw mattress. On April 12,
1901, Bubnis was removed to the Eastern Pennsylvania Penitentiary
to spend out the rest of his life. The night before, he was paid
a farewell visit by Attorney Seltzer, who told him to keep hope
alive. Jail officials called him a model prisoner and were sorry
that he could not stay in the county jail, which was his preference.
A large crowd waved good-bye to Rollas Bubnis as the Philadelphia
& Reading "Flyer" pulled away from the station.
On August 27, 1900, the
widow of Joseph Rutkauskas and her boarder, Frank Duchas, the prosecution's
star witness, were quietly married and began a new life together.
EPILOGUE Only one hundred years ago, a brutal
murder occurred and eight Lithuanian immigrants were sentenced to
death. I am unaware of any other mass death penalty conviction in
the history of the United States of this magnitude. This sad story
has been forgotten with the passage of time. Only one book that
I could find [The Slav Invasion and the Mine Workers by Frank Julian
Warne, J.B. Lippincott Company (1904)] mentions the saga of the
Zukas-Propenokis rivalry.
The author discussed the increasing criminal activity of the foreign
element in the coal regions of eastern Pennsylvania, which alarmed
the native population. He stated, "This William Penn murder
case, in which a man named Rutskowski was killed, is of interest
here, in that it brought to the attention of the authorities the
existence of two societies among the Slavs - the Zukes and the Propenokis
- who are indirectly responsible for the crime. They are not secret
societies, like the Molly Maguires, organized particularly for murder,
but crime is rather an indirect result. The real object is social,
in itself harmless enough, but through them is preserved and not
infrequently intensified the personal jealousies and hatreds bred
in Continental Europe, and which now and then are given scope for
exercise through the society. Usually the Zukes and Propenokis are
composed of members of the same race coming to the coal-fields from
the same geographical unit or neighborhood in Europe. Not infrequently
crime is traced to feuds between these societies . . ."
It was this small mention of the feud that led me to research the
Archives of the Pottsville Republican and Shenandoah Evening Herald,
two major daily papers in Schuylkill County, which gave substantial
coverage to the murder and subsequent trials. What is to be learned
from this story? Should it have been forgotten as an embarrassment
to a nationality? No, history is history and one must accept the
good with the bad. Certainly the population that was attracted to
the dangerous mining occupation had many individuals prone to over-consumption
of alcohol, which in turn led to criminal activity. The large influx
of young single males without the assistance of an extended family
structure led to "hooliganism" and worse. In reading the
story one can almost think of other "down and out" ethnic
groups that may make the news for a larger portion of criminal behavior.
Perhaps by reading this story you will leave behind any perception
that one ethnic group has a moral superiority over another. There
is good in all ethnic groups as well as bad in all ethnic groups.
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