The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-11-15
Ohio vs.. Siddall.


the attorneys on both sides signifying |
their readiness to proceed with the case
r. s. Shields, Prosecutor, John McSwee-
ney, Of Wooster, and Lynch q Day, ap-
pesred In behalf of the State, and Judge |
O. A, Stacey, of Adrain, Mich, Ed. 8.
Meyer, T. O. Meyer, and j. j. Parker, for
the defense.
The following jurors were duly empan-
neled and sworn: VIM. Putt, JAG, Lock
hart and Marion Martin, Lawrence w.
Stangbury and VIM. Maxhelmer, Tus-
Oarawss, A. w. Goshorn and J. o. Sifert,
Bethlehem Isaac Welty, Sugar Creek;
]. C,l Parks, James Sanford, Leonard
stapdA and B. D. Henline, Pike.
Court then adjourned until
THURSDAY MORNING.
Prosecutor Shields, in opening the case,
said: That the defendant wag charged
wlthgnlawfulIy killing Matthew Mcclure
in February last; that defendant and
Mcclure boarded at Ogden House, in
Cautou; that Mcclure was Government
stOre.keepsr, and was in poor health, be-
ing afflicted with heart disease; in the
morning, al Ogden House, defendant came
down to breakfast earlier than usual, so
as to cause attention, and there met Nc
Clure and accosted him, demanding an
apology from him; Mcclure stated that
he had done nothing for which to apollo
gise, whereupon Siddsll struck Mcclure
beneath the eye, a sttGggle ensdbd, they
fell together, and defendant then beat
Mcclure in the face; Mr.. Rothacker and
others interfsred, Siddall at the same
time making threats to shoot them and
drawing revolver from his pocket; Nc
Clure then arose, approached Siddall and
said to him "Doc, you ought not to have
struck me. You know that 1 have one
foot in the grave already" Defendant
replied: eyes, know that you have one
foot in the grave, and I'll put the other
there for you" Mcclure soon showed
signs of dissolution, and in a few moments
was:dead.
heIProsecutor said also, that the State
expects to show that Siddall knew Of the
state of McClure's health, and knew how
dangerous any excitement would be to
him.
Gen. E. s. Meyer, opened for defense,
and in substance, said: that there was
nothing in the indictment to show that
Mcclure was killed in personal encoun-
ter with Siddall; that defendant knew
nothing of McClure's state of health; that
Siddall roomed at his Office on Public
Square and took his meals at Ogden
House; that on the morning he went there
10 earlier than was his custom; that the
encounter took place as above described,
but that the particulars of it were some
what different than as narrated by the
Prosecutor; that Mcclure showed fight,
was not knocked down, asked one Of the
bystanders for a gun, and, not getting it,
he raised chair and threatened Siddall;
that at this time the latter was being held
by several parties and drew from his
pocket pistol to defend himself That
the conversation that followed was not
exactly as stated by the Prosecutor. That
Mcclure then went to wash room, wash
ed his hands and face, combed his hair,
then came out into the Office and made
threats against defendant, and shortly
after dropped dead; that Siddall was filed
with remorse and Immediately surrender
ed himself to the officers that there has
been great malice in this prosecution;
that an indictment was brought in by
special grand jury only four days after
the occurrence; that an effort was made
to charge him, defendant, with murder in
first degree, but failed; the proof will
show that defendant had always sustained
a good character for peace; had come to
Canton at an early age, acquired compe-
.tence, and possessed the good will and
respect of all.
The defence further expect to show that |
MoClure's health was such that he was
likely to die at any time, without any
foreign cause, and that he could have
lived but short time longer; that Siddall |
inflicted on him only the chastiaement |
common among men, and is not guilty Of
manslaughter as charged in the indict-
ment.
TESTIMONY FOR STATE.
Mr. A. L. Rothacker is keeper of the
Ogden House, and has been over three
years; has known the defendant for six
years knew Mcclure three or four years;
was in Canton February 26th, 1877, the
date of the killing; came down stairs that
morning about half-past six; deceased
was boarder in Ogden House at the time !
and roomed. on third floor; the defendant |
took his meals at Ogden House and lodg-
ed elsewhere; he was dentist; saw de- |
fendant on morning of the 28th sitting in |
office. When 1 came out from breakfast |
defendant was sitting on north side of |
counter, facing west; was leaning against |
counter; there plan of Ogden House |
office is submitted to witness), when 1 |
came into the office 1 took toothpick, |
then spoke to Siddall, and took seat by |
door to billiard room; the porter, Charles
Hemminger was in the Office sitting near
the stove; passed the morning with Sid.
dali. 1 saw deceased that morning, first
coming down the stairs, about 10 minutes
after'I had entered; he had overcoat and |
muffler on his arm, and a pair of fur
gauntlets in his hand he appeared to no |