Peter Kopka in Court on Charge of Manslaughter

January 23, 1922, Monday
The Bay City Times Tribune, Bay City, Michigan


PETER KOPKA IN COURT ON CHARGE OF MANSLAUGHTER

Examination Adjourned Until 2 O’clock; Five Witnesses Heard.

The examination of Peter Kopka, charged with manslaughter in connection with the death of Frank Heranda, Pinconning township farmer, was started in Justice of the Peace Robert L. King’s court this morning and was adjourned at noon after five witnesses had been questioned, to be resumed at 2 o’clock this afternoon.

The case grew out of an altercation between the defendant and Heranda in which it is alleged that Kopka kicked the deceased in the abdomen, acute peritonitis setting in and causing death. The altercation took place at the home of John Dolney in Mt. Forest township, where a dance at which liquor flowed is said to have taken place.

Dr. Walter Lenehan, Pinconning village physician, was the first witness called by the prosecution which was in charge of Assistant Prosecuting Attorney Selwyn Lambert. Dr. Lenehan testified that death of Heranda had been caused by acute peritonitis due to some external force. He told of performing an autopsy, at which time he found bruises and marks on the abdomen caused by some external force, although not being able to say just what the marks were caused from.

Dr. Dumond was next called and corroborated the testimony of the first witness with the exception that he said that the skin was not punctured as was stated by Dr. Lenehan.

William Miller, one of the members of the dancing party, told of the altercation between Heranda and John Dolney and of how Kopka, brother of the defendant had taken the part of Dolney and had in company with two other members of the party put Heranda out. He stated that Heranda came back again and it was while Andrew was putting him out again that he said that he saw Peter kick him in the abdomen, driving him off the porch onto the ground where he lay a minute. He also stated that Heranda came back again and after first smashing a glass in the door, he apparently was not injured, telling this in answer to a question put by defense counsel. Mr. Miller stated that Heranda had been drinking and said “He had quite a load and was breaking up the other dancers and Mr. Dolney wanted him to stop his dancing.”

William Powell, another of the members of the party told just about the same story that Mr. Miller did, with the exception that he added that he heard Heranda tell Andrew Kopka that he would fill him full of holes, this being after he had been kicked by Peter. He also stated, in answer to a question put by Mr. Lane, that Heranda was a quarrelsome fellow when he was drinking and added that Heranda had a “good load” at the dance. He also said Peter and Frank were friends, having come to the dance together.

Ambrose Dolney, brother of the owner of the home where the dance was held, told of the fight but stated that it was the third time that Heranda came into the house after being ejected that he saw Peter Kopka raise his foot at him but stated that he did not see the blow land and that Heranda did not fall off of the porch as stated by the first two witnesses. He also told of taking Heranda to his home and in answer to a question put by counsel for the defense said that Heranda did not seem to be injured by the blow said to have been dealt by Kopka. Mr. Dolney also said that Heranda had been drinking and had more than enough for his own good and told of Peter and Andrew Kopka carrying the man to a car in which he was taken to the home of his sister.

The examination was then adjourned until 2 o’clock this afternoon.