A December 1947 newspaper photograph (colorized) of William Riskis, 58-year-old miner of Reinerton, Schuylkill County, Pennsylvania, who was held at Pottsville and charged with the murder of fellow miner, Stanley “Stiney” Russelavage. The shooting occurred after Russelavage had allegedly covered Riskis’ clothing, including his underwear, with thistle burrs. After more than three years of pranks played on him by Russelavage, Riskis confronted Russelavage with a shot gun and fired two shots at him, resulting in his death.
The story of the killing and subsequent trial is told through newspapers of the time.
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From the Lykens Standard, December 5, 1947:
REINERTON MAN SHOT BY BUDDY BECAUSE OF PRANKS
Stiney Russelavage, 52, of Reinerton, is in the Pottsville Hospital with gunshot wounds of the legs, arms and back as the result of a shooting at Reinerton late Tuesday afternoon, William Riski, 59, of Reinerton, R. D., is being held in $3,000 bail. The condition of Russelagage is reported serious.
Pvt. Clyde Sorver, Pine Grove State Police, who investigated the shooting, said it was the result of pranks played by Russelavage on Riskis at the their place of employment, the Necho Coal Company at Donaldson. Russelavage is said to have covered the clothing of Riskis with thistle burrs while in the wash house at their work. This angered Riskis.
Riskis went to his home at Reinerton and waited for Russelavage to come home. As Russelavage came along almost in front of his home, Riskis fired two shots from a shot gun, Sorver said. Both shots struck Russelavage and felled him. The Dreisigacher ambulance from Tower City was summoned and russelavage was removed to the Pottsville Hospital.
Riskis submitted to arrest quietly and was taken before Squire LeRoy Kaufman at Tower City who set bail at $3,000.
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From the Hazleton Standard-Speaker, December 11, 1947:
“THISTLE BURR” SLAYER HELD
A 58-year old Reinerton miner was held without bail yesterday at Pottsville charged with murder in the thistle burr slaying of a fellow miner.
Justice of the Peace Leroy Kauffman ordered William Riskis, father of two, remanded to the Schuylkill County Jail to await Grand Jury action, probably in March.
Riskis was charged by Policeman Louis Buono with fatally shooting Stanley Russelavage, 52-year old American Legionnaire, as the outgrowth of a series of pranks.
State Policeman Clyde Sorver said that the shooting occurred last Tuesday after Russelavage had covered Riskis’ underwear and other clothing with thistle burrs. For three years previously, Sorver said, Russelavage had “teased” Riskis with numerous pranks.
At the time, said Sorver, Russelavage’s wounds were not thought to be serious, but he took a turn for the worse and died Tuesday night at Pottsville Hospital.
Russelavage, whose daughter Eva, is employed at Harrisburg, and Riskis worked at the Necho Coal Company, Donaldson, and had known each other for years.
Last Tuesday, Sorver said, Russelavage placed the thistle burrs on Riskis’ clothing while they were at the mine. He said that Riskis, angered, went home and waited for Russelavage to pass his house.
Sorver continued that Riskis fired one shot from outside his house, hitting Russelavage, who was across the street, in the body and legs. He then crossed the street and fired a charge into Russelavage’s back, the policeman said.
Then, said Sorver, Riskis re-entered his house and awaited the arrival of police.
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From the Lykens Standard, December 12, 1947:
REINERTON MINER JAILED IN SLAYING OF FRIEND
A 58-year-old Reinerton miner was held without bail Wednesday charged with murder in the thistle burr slaying of a fellow miner.
Justice of the Peace Leroy Kauffman, Tower City, ordered William Riskis, father of two, remanded to the Schuylkill County jail to await grand jury action, probably in March.
Riskis was charged by Policeman Louis Buono with fatally shooting Stanley Russelavage, 52-year-old American Legionaire, as the outgrowth of a series of pranks.
State Policeman Clyde Sorver said that the shooting occurred last Tuesday after Russelagave had covered Riskis’ underwear and other clothing with thistle burrs. For three years previously, Server said, Russelavage had “teased” Riskis with numerous pranks.
At the time, said Sorver, Russelavage wounds were not thought to be serious, but he took a turn for the worse and died last Tuesday night in the Pottsville Hospital.
Russelavage, whose daughter is employed in Harrisburg, and Riskis worked at the Necho Coal Company, Donaldson, and had known each other for years.
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From the Lykens Standard, January 2, 1948:
DENY FREEDOM FOR REINERTON MAN HELD FOR MURDER
The habeas corpus petition of William “Bill” Riskis, 58, Reinerton, was dismissed on Monday by President Judge Cyrus M. Palmer, of the Schuylkill County Court, who ordered the petitioner remanded to the county prison to await the action of the March term Grand Jury on a murder charge. Riskis souglt to be released on bail by the petition and claimed it was not a first degree murder charge. He was represented at the hearing by Attorneys H. G. Stutzman and P. J. DeSantis. The Commonwealth was represented by District Attorney C. A. Whitehouse and Assistant District Attorney D. W. Bechtel.
Three witnesses were called for the Commonwealth and after their testimony had been presented the court then dismissed the petition.
Riskis is charged with wounding Stiney Russelavage, 52, Reinerton, twice on December 2 [1947] with a shot gun. The victim died on December 9 in the Pottsville Hospital. It is claimed that the shooting followed a series of pranks at the Necho Colliery, Donaldson, where both men were employed.
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From the Pottsville Republican, May 12, 1948:
RISKIS TRIAL
William Riskis, of Reinerton, on trial for his life in the thistle murder of Stiney Russelavage of Tower City, occupied the stand all morning Wednesday in courtroom of Judge Curran.
Riskis claimed that he did not understand all of the contents of his typed statement made at the Schuylkill Haven sub-station of the State Police on the night of the shooting. This followed similar refutation by Riskis on Tuesday afternoon. Riskis is not able to read, he claims.
A most emphatic denial was entered by the defendant to his alleged statement of “That’s how it happened,” as previously testified by officers and especially that part dealing with the manner in which he held the shot gun (at his shoulder) and the circumstances under which he fired the two shots.
The defendant was not certain as to the identity of the officer who took him from Schuylkill Haven to the office of the justice in Tower City, for arraignment. He denied that he rode with the police and said the trip was made with a relative from the office of the squire.
Denies He Laid in Wait
Continuing his denials he further denied making statements to Lewis D. Buono, chief county detective and prosecutor in the case during an interview in the county prison relative to him (Riskis) laying in wait for Russelavage on the day of the shooting, and that he pointed his gun at shoulder lever and purposely fired the second shot at Riskis.
Following his completion of direct examination by Attorneys H. G. Stutzman and P. J. DeSantis, defense counsel, Riskis was turned over to District Attorney Whitehouse and Robert M. Harris, first deputy district attorney.
During the cross-examination, Riskis admitted he rode home from work on the day of the shooting with Thomas Chupick, Tower City, but denied having made a threat that he’s shoot Russelavage. Chupick testified for the Commonwealth that riskis had made this statement.
Also denied by Riskis was that after asking for a knife, after he found his clothing spotted with burdock stickers in the shifting shanty at the Necho Coal Company, Donaldson, that he threatened to cut up Russelavage’s clothing and claimed he rejected an offer of a knife.
Refused Deposition Petition
Defense attorneys lost their move to have depositions taken in the Warne Hospital, Pottsville, from a defense witness who was injured and unable to appear in court.
The petition alleged that John Pornsica, Summit Station, could not be moved from the hospital and that his testimony was necessary and vital to the defense. The attending physician, defense counsel held, refused to permit the witness to be moved.
Pornisca’s name was brought into the trial during the presentation of testimony by the prosecution and identified as a co-worker of Riskis whose clothing was also covered with stickers as was those of Riskis. He has been a patient in the hospital for the last four weeks with several fractured ribs and a fractured leg.
District Attorney Whitehouse and his chief deputy, R. M. Harris countered the petition with the claim that there is no law authorizing the taking of depositions of witnessed who reside in the Commonwealth in a criminal case; and that it is fundamental in murder prosecutions that the defendant be present during the taking of all testimony or other trial proceedings and that it would be a fatal error to permit the taking of depositions in this litigation.
Judge Curran sustained the Commonwealth’s contention. The ruling means that the testimony of Pornisca will not be made a part of the case unless he appears in court.
Riskis was under cross examination by the Commonwealth up until a late hour this afternoon.
Riskis took the stand late Tuesday afternoon and returned this morning to give his version of the shooting.
Plainly but neatly dressed in a dark suit, Riskis unfolded his story in a voice that was low and even. His wife and son listened attentively from their seats directly to the rear of defense table, while the widow and daughter of the victim listened to the major part of the recitation with bowed head.
Quitting his work on the day of the shooting, Riskis said he went into the wash-shanty just after 1 p. m. with Thomas Chupick, Tower City, his “buddy.” There were about 15 other fellows in the place. Riskis told how he went to the hook raised in the air in colliery-fashion, where his clothing had been placed, and then lowered the same.
Finds Thistles
He found that his outer shirt, a red woolen one spotted with stickers from the burdock plant and he started to pull them off, and then found that other stickers or thistles were on the inside of his underwear which had been stuffed inside of his trousers, as is the custom of miners at collieries.
The witness continued by saying that he told a fellow workman to go get the inside foreman, John Gottschall of Ashland, who came into the wash-shanty. Riskis said he called Gottschall’s attention to the condition of his clothing and said: “See this, what he done to my clothes.” Gottschall’s response was that he’d see Russelavage in the morning and have a talk with him.
Then Riskis said Herman Hoke, assistant in the wash-shanty and lamp man, came into the wash-shanty and started off with “This is a —- trick Russelavage pulled on you. Why does he do that? The first thing he always does is to do things to your clothes.” After quoting Hoke’s statements, Riskis added, “He was cursing about Russelavage – the poor man who’s dead now.”
Denies Intent to Shoot Him
Riskis vehemently denied that he told Hoke on the day of the shooting, in the wash-shanty, that he was going to hunt up Russelavage and tell him about placing the stickers in his clothing and if Russelavage punched him in the mouth he was going to shoot him. Hoke so testified as a Commonwealth witness last Saturday.
It was the story of Riskis that he left the wash-shanty about 2 p. m. on the afternoon of the shooting with Chupick, his buddy and rode to his home as usual with another fellow employee, Edward Morgan, Tower City. he reached his home about 2:20 p. m. Riskis denied, as claimed by the Commonwealth that while enroute home in the car that he said: “I’ve got a notion to get a gun and wait for him.”
Going into his home the defendant went to the kitchen stove and warmed himself for about 10 minutes, decided to change his underwear that had stickers in them and then he had to put on summer underwear because there was no other available. He washed and combed himself and returned to the kitchen.
While in the kitchen Riskis told of having heard a car pulling in across the street from his home and he looked out the window and saw Russelavage’s car in front of Moyer’s Tap Room. Taking a shot gun from a corner in the living room and a box of shells from the floor, from which he took out two shells, he then walked out on the front porch, down onto the steps to the walk. At this time russelavage was getting out of his car in front of the Moyer business place.
Then Russelavage turned from his position at the door of his car, which was closed, and faced the defendant who said he called out: “Stiney, what did you do to my clothing again?” Then Russelavage retorted with “What do you mean?” and Riskis said he retorted with: “You know. You put jaggers in my clothes.”
Gun Not Loaded
Russelavage, according to the defendant, called him a —– —— liar and then took a step towards him and he then placed a shell in the gun and shot towards the ground and saw dust fly along the side of Russelavage, and about two feet away. After the shot was fired Russelagave continued with his flow of curses and took another step in his direction and then he placed the second shell in the gun and “slammed” the weapon and the shell accidentally exploded, Riskis said, and he injured his hand slightly.
Following the discharge of the second shot Riskis testified that he went up the steps and shoved the gun in the front room of his home and walked to the home of his mother-in-law, two blocks away where Mrs. Riskis had been visiting, and told her what happened and then walked back to his home in company with his wife.
By this time, Riskis added, people were congregating across the street at Moyer’s and he then took his underwear which was spotted with the burdock stickers and showed it to the people there.
When State Troopers Clyde Sorver and Donald M. Ravena, Pine Grove detail, came to his home shortly after the shooting to make an investigation, riskis charged that he said, “I’m sorry sergeant, that this had to happen. Just look at my clothes.” Immediately following that statement the witness charged that Sorver said to him, “You should have used that part of the gun (pointing to the stock), the back part of it, on Russelavage.”
Highlights of important points brought out by testimony from witnesses for the Commonwealth, especially that of the state police, were denied entirely by Riskis on the stand. He denied that he told the state police the story of the shooting at the side of the house — that he had one shell in the gun and one in his right hand when he called to Russelavage – that he said he was “satisfied” following the shooting – that he picked up the empty shells following the shooting – and that any of the conversation took place outside of the house – and insisted the entire conversation occurred inside of his home.
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From the Pottsville Republican, May 13, 1948:
RISKIS TRIAL
Never in Trouble Before
Riskis was recalled to the witness stand this morning to testify that he had never been arrested before and had never been in any kind of trouble previous to the present shooting.
Defendant’s Son on Stand
Nineteen year old William Riskis Jr. was the most important witness called by the defense. He told how his father admitted State Troopers Clyde Sorver and Donald M. Ravena of the Pine Grove sub-station, and then admitted that he did the shooting. His father, according to the son, told the officers that “he was sorry that this had to happen.”
The son testified that is father ask the police to look at the burdocks in his clothing and described the tricks including the knotting of his underwear and placing of “jaggers” in his clothes when he was had been played on him while working at the Necho Coal Company. Young Riskis also said he father demonstrated the position of the shotgun, pointing downward, to the ground as he fired toward Russelavage, and that Trooper Sorver said, “You should have used the other end of the gun.”
Continuing the young man declared he took the shotgun after the shooting and a box of shells and ran down the alley to the home of a sister, a block and a half away, claiming he didn’t want the gun around the home.
Under cross examination the Commonwealth succeeded in having the witness change his story relative to the location of the box of shells and a conversation with his father, allegedly having taken place with Ralph Moyer on the porch of their home after the shooting.
The witness first denied telling Bruce S. Clayton, present clerk of courts and, at the time, assistant chief county detective, that he took the box of shells from the third floor of their home, where they were customarily kept. He also denied telling Clayton that he saw his father talking to Moyer on the porch of their home following the shooting.
When a statement was shown him, which he signed in the presence of Lewis D. Buono, chief county detective, the prosecutor of the case, and Clayton, the witness then admitted that he had declared in the statement he had seen his father and Moyer on the porch and had brought the box of shells from the third floor of the home.
Only one rebuttal is planned to be called by the prosecution, after which closing addresses will be made to the jury during Friday.
Defendant Finishes Testimony
All during the cross examination Wednesday afternoon Riskis denied what had been testified by witnesses for the prosecution. His original recitation on the stand was that when he went from his work at the Necho Coal Company, Donaldson, on the day of the shooting, he traveled in the car of a fellow workman and went through Tremont and out the state highway to his home. In changing this version he said he had been mistaken and actually went by the way of Good Springs, then up the mountain into Keffers.
He also insisted that he saw Russelavage arriving at Moyer’s Tap Room, across the street from his home, where the shooting took place, from the rear kitchen window in his abode as he was standing near a stove, from which point he had a good view of Moyer’s place, and denied he first saw Russelavage through a window in the front of his home as had been charged.
A complete and emphatic denial was entered by Riskis to the alleged statement made by him to Ralph Moyer, following the shooting. Moyer is a brother of the proprietor of the tap room and credited the defendant with saying “I suppose I’ll get the electric chair for this,” shortly after the shooting took place. The defendant insisted he made no such statement.
Riskis further insisted that he told the state police investigating the shooting and county detectives, that the shooting of Russelavage was accidental and not intentional. He was asked by District Attorney Whitehouse and R. M. Harris, chief deputy district attorney, to show just how he discharged the shotgun. The demonstration was given from the witness stand with Riskis being handed his gun, which is an exhibit of the Commonwealth in the case and two empty shells, which are also exhibits.
Demonstrates How He Shot
He placed one of the empty shells in the gun and then pointed the weapon downward. He was unable to say with any degree of certainty whether the hammer of the gun was cocked when the second shot was fired.
Another denial made by Riskis was that he told his wife, a few minutes after the shooting that: “I just committed murder. I shot Stiney Russelavage. He is up there dead.”
Continuing in making a complete denial of testimony against him, the defendant said he did not make any reference to the shooting as he passed Murray’s Service Station, nearby.
More Witnesses Called
Riskis was the first defense witness called and after he left the stand he was followed by two others during the Wednesday afternoon session.
Edgar Moyer, Tower City, who was emploiyed by the Necho Coal company, testified he drove Riskis from the colliery to his home on the afternoon of the shooting, and that Thomas Chupick, Tower City, was also a passenger in the car. Moyer said he heard riskis say, “He’s not there,” indicating Moyer’s tap room when they approached the place. He heard no other conversation between Chupick and Riskis. Chupick had testified for the prosecution that riskis made a threat in the car enroute home to shoot Russelavage.
Elmer Lemke, Tower City, brother-in-law of Russelavage, said he saw Riskis in the office of Squire Leroy Kaufman, Tower City, following the hearing on the evening of December 2, 1947, and that Riskis rode in his car back to his (Riskis) home, and later Lemke stated he assisted the state police in making measurements at the scene of the shooting by holding the tape.
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From the Pottsville Republican, May 14, 1948:
RISKIS JURY MAY PICK ONE OF FIVE VERDICTS
Prosecution Asks First Degree As Thistle Murder Case Ends
Judge James J. Curran shortly after 4 o’clock this afternoon in reaching the end of his charge to a jury of nine men and three women presiding to pass judgment on William “Bill” Riskis, 58, Reinerton, on a charge of murder, [stated that] there were five verdicts [from which they could select] one.
District Attorney C. A. Whitehouse in closing this afternoon for the prosecution asked the jury to find riskis guilty of murder in the first degree but did not stress… the penalty of death… for shooting his fellow miner, Stiney Russelavage, Tower City.District Attorney Whithouse asked the jury to decide whether the penalty should be death in the electric chair or life imprisonment.
Attorney Howard G. Stutzman, who spoke to the jury this morning… [spoke] over 90 minutes in closing for his client, urged the jurors to [decide] that Riskis was not guilty because there was no premeditation proven. He [claimed] the fatality was the result of an accident.
Judge Curran reviewed the testimony of the witnesses for both sides and then went into the explanation of the various verdicts. He said that if the jurors were satisfied that the case was one of murder in the first degree they could set the penalty at death or life imprisonment. He further said that if they decided that it was murder in the second degree, they could so find. This verdict would carry a term of 10 to 20 years. Voluntary manslaughter was another verdict the jurors could return which has a prison term ranging from 6 to 12 years attached. The other verdict could be an absolute acquittal.
At the conclusion of the charge of the court today, and when the jury is about to retire to deliberate on its verdict, the court will excuse John Griffiths, 73, Tamaqua, the only remaining alternate juror. Alternate Juror No. 1, Mrs. Edith Scherr, St. Clair, became Juror No. 10 when Daniel Weaver, Tamaqua, was excused because of illness, on Friday of last week.
All during the trial the jurors have been quartered in the dormitories on the top floor of the court house annex and have been provided with their meals from the county prison by Warden Walter H. Scheipe, as well as lunches each evening at 9:30.
Spectacular Closing
The trial ended spectacularly after a witness for the defense had been brought into the courtroom from the Warne Hospital, Pottsville, on a stretcher, accompanied by a nurse and tow male attendants. The witness was John Pornsica, Summit Station, who worked with Riskis and Russelavage at the Necho Coal Company, Donaldson. A month ago, Pornisca suffered a fractured leg, fractures of numerous ribs and other injuries in a fall of top at the Indian Head Coal Company Mine. He was brought to court in a hospital ambulance. Florence Miller, Pottsville, a registered nurse was in charge of the patient and was assisted by Jimmy Torpey, ambulance driver and David Kimmel.
The stretcher was placed in front of the bench and jury box. The witness was in court 35 minutes.
The witness gave hiss testimony in broken English and related of having been in the wash shanty at the Necho Coal Company, December 2, with Riskis, when the clothing of Riskis was found to be covered with burdock stickers. Pornisca said his clothing also was covered and that it was he who went for the inside foreman, John Gottschall, at the request of Riskis, to complain.
He said that after Gottschall left the wash shanty he heard Herman Hoke, lamp man and shower room assistant say to Riskis: “Stiney don this. It’s too much. It’s too much. I wouldn’t stand it no more.” Hoke, a Commonwealth witness, who admittedhe placed the stickers in the clothing of Riskis, denied making those statements under cross-examination.
Pornisca denied he heard Riskis say to Hoke, “I’m going to give Stiney a talking to and if he pucks me, I’ll shoot him.” Pornisca followed this statement explaining that he was to busy picking the stickers from his clothing.
Under cross-examination Pornsica admitted he did not hear the conversation between Riskis and Gottschall as he got dressed and went home.
More Character Witnesses
Ten persons were called Thursday as character witnesses for Riskis. They included Squire John G. Trout, Tower City; Russel Shadle, Tower City; Squire A. A. Unger, Reinerton; Prof. Elmer Keiser; and Rep. Ivan C. Watkins.
Rebuttal Witness
Robert Murray, Tower City, called by the Commonwealth to rebut the testimony of Riskis that as he (Riskis) passed Murray’s Gas Station after the shooting that he heard Riskis say: “I shot Stiney Russelavage,” was excused and his testimony stricken from the record. Murray said that he was not certain whether he heard the defendant make that statement.
Will Wait for Verdict
Judge Curran will wait until 10 o’clock this evening for the jurors to reach a verdict and if they fail to agree at that time they will be ordered to bed and will resume their deliberations on Saturday with Judge Curran available to receive the verdict as soon as it is reached.
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From the Pottsville Republican, May 15, 1948:
FIND RISKIS GUILTY OF MANSLAUGHTER: SENTENCE DELAYED
William Riskis, 58, of Reinerton, was convicted of voluntary manslaughter Friday evening in the thistle slaying of Stiney Russelavage, 52, of Tower City, with a recommendation of mercy attached, by a jury that deliberated about an hour. Judge James J. Curran, who presided over the trial that covered 12 days, received the verdict three hours after the case was placed in the hands of the jurors. The charge of Judge Curran was concluded at 4:31 Friday afternoon.
A voluntary manslaughter verdict carries a fine of up to $6,000 or imprisonment up to 12 years or both, or any fraction of either or both. Ordinarily a sentence in this type of case is 6 to 12 years with the minimum being one-half of the maximum. If the sentence is in excess of two years the court has no jurisdiction in granting a parole as that authority rests with the Pennsylvania Parole Board. Recommendation of mercy by the jury may soften the sentence.
When court was convened, the foreman, Andrew Kostishak, of Frackville, handed the verdict slip to Clerk of the Courts Bruce Clayton who turned it over to Judge Curran.
Jury Polled
Howard G. Stutzman and Paris J. DeSantis, defense attorneys, stood to the right of the jury with their client alongside of them, and asked that the jury be polled, which application was granted. Clerk of Courts the inquired of each juror how they found and each juror answered in turn – “guilty of manslaughter with the recommendation of the court.”
Motion for New Trial
Upon completion of the poll, defense counsel entered their motion for a new trial and arrest of judgment with Judge Curran counsel four days time to file their written reasons. The defendant was then remanded to prison.
The earliest that the motion for the new trial can be argued is October.
Asks for Bail
Following the discharge of the jury, with thanks of the court, Attorneys Stutzman and DeSantis appeared before Judge Curran in chambers at the court house and sked to have their client admitted to bail. District Attorney C. A. Whitehouse, who with his chief deputy, Robert M. Harris obtained the conviction, stated this morning that he has not been officially notified that defense counsel made the application and that he intends to oppose the release the Riskis on bail pending the disposition of the motion for a new trial.
After defense counsel asked for the release of their client under bail Judge Curran informed them that he was not in a position at the time to act on the same and directed that the motion be made on Monday morning.
Jurors That Served
Members of the jury that returned the verdict were: Andrew Kostishak, Frackville, foreman; Mrs. James Daley, Glen Carbon; Robert Woodford, Duncott; Edward Kear, Schuylkill Haven; Mrs. Loretta Tanner, Mahanoy City; Joseph Engle, Frackville; Charles Roeder, Schuylkill Haven; Harry C. Schmidt, 522 E. Arch Street, Pottsville. These jurors were all from the regular panel. The following jurors were from the the special panel brought in to complete the jury: William Moll, Frackville; Mrs. Edith Scherr, St. Clair; Herbert Frost, Frackville; and Theodore Boyer, St. Clair. John Griffiths, 73, Tamaqua, who was the alternate juror and sat all through the trial, was excused at the conclusion of the charge of court as the jury retired to start their deliberations. Mrs. Scherr was No. 1 alternate and took the place of No. 10 juror, Daniel Weaver, Tamaqua, who was excused on Friday of last week because of his ill health.
History of Case
It was the contention of the prosecution that Riskis became incensed at Russelavage, with whom he worked at the Necho Coal Company, Donaldson, because he blamed Russelavage for putting burdock stickers in his underwear and other clothing on December 2, 1947 and made threats to shoot him. Two hours later Riskis fired two shots at Russelagave as the latter stepped out of his car to go into a tap room across the street from the home of the defendant. Riskis, the Commmonwealth alleged, laid in wait for the victim.
The defense denied that Riskis laid in wait and claimed that the shooting was accidental. The first shot, fired from a .28 gauge shotgun, from across the street in Reinerton, was for the purpose of scaring Russelavage, and the second one resulted from the gun being accidentally discharged, was the contention of the defense.
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From the Pottsville Republican, August 26, 1948:
PREPARE MOVE FOR NEW TRIAL
Judge James J. Curran today ordered the official court stenographer in the trial of William Riskis, Tower City, for the killing of Stiney Russelavage, Tower City, to transcribe the testimony taken at the trial.
The court’s order was on petition of Attorney H. G. Stutzman, who defended Riskis. Asking that testimony be transcribed is the usual preliminary to a request that a motion for a new trial be placed on the argument list. Typewritten testimony is referred to by the attorneys in their argument.
Riskis was found guilty of manslaughter by a jury at the May term of criminal court. His sentence was deferred pending disposal of Stutzman’s motion for a new trial but a manslaughter conviction carries a sentence of from six to twelve years.
Riskis, during his defense at the trial, testified that Russelavage had played practical jokes on him over a period of years. This was climaxed, the Commonwealth charged, with the fatal shooting of Russelavage in front of his home.
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From the Pottsville Republican, June 20, 1949:
NEW TRIAL DENIED STICKER SLAYING
The motion for a new trial of William Riskis, Reinerton, convicted of manslaughter in the fatal shooting of Stiney Russelavage, Tower City, December 2, 1947, was denied by Judge Curran today and Riskis was directed to appear for sentence Monday, July 25. The defendant has been in prison since his arrest.
At his trial the Commonwealth produced witnesses to show that Riskis became angry on finding stickers in his clothing at the wash house of the Necho Coal Company, near Donaldson, blamed Russelavage and made threats that he would shoot him.
Subsequent testimony showed that Riskis went to his home, procured a shotgun and two shells, saw Russelavage stop his car at a business place opposite the Riskis home, and shot him as he was getting out of the car.
Russelavage died in the Pottsville Hospital, December 9, 1947, after making a statement identifying Riskis as the man who shot him.
Attorney Howard G. Stutzman, in moving for a new trial and arrrest of judgment, had argued that the court erred in admitting Russelavage’s dying statement as evidence.
Judge Curran ruled that Russelavage’s statement, given with the knowledge that he knew he was dying, was admissible.
Riskis’ counsel had also contended that on the facts developed at the trial a verdict of manslaughter was not indicated. Of this Judge Curran said “We agree that under the facts the jury might well have founded the defendant guilty of the more serious offense of murder. However, under the law, a verdict of manslaughter was properly within the province of the jury and must be sustained.”
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From the Shendoah Herald, July 25, 1949:
COUNTY SLAYER SENT TO PRISON
COURT HOUSE, POTTSVILLE, July 25 [1949] — William Riskis, 59, Porter Township, convicted of voluntary manslaughter for the shotgun slaying of his fellow worker, Stiney Russelavage, Tower City, was today sentenced by Judge James J. Curran to serve not less than five years or more than ten years.
Riskis was convicted by District Attorney C. A. Whitehouse and his first deputy, Robert M. Harris, May 14, 1948. Motion for a new trial was immediately filed which was subsequently refused and the prisoner ordered to appear today for sentence. Riskis took the jail term without comment or emotion. Members of his family, together with the widow and relatives of the victim, were present when sentence was pronounced.
The fatal shooting followed months of taunts and practical jokes played upon Riskis by Russellavage and others at the Necho Colliery, Donaldson. Evidence was produced at the trial that Riskis lay in wait for his victim and shot him as he got out of his automobile across the street from the home of the slayer, on December 2, 1947.
The trial was the first murder trial in the county since 1944.
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The photograph of William Riskis was from the Associated Press wire service and published in the Hazleton Standard-Speaker, December 11, 1947.
News articles from Newspapers.com.
Corrections and additional information should be added as comments to this post.