The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1879-12-18
CHARGE OF THE COURT
IN THE CASE OF THE STATE OF
OHIO VS.. GUSTAVE OHR,
Indictment for Murder In the First Degree.

ant, Gustave Ohr, jointly with one
George Mann, is charged in the indict-
ment with the commission of one of the
most heinous crimes known to our law.
The charge is substantially:
l. That he, said Gustave Ohr, and one
George Mann, on the 9th day of June,
1879, at the county of Stark, did unlaw-
fully and maliciously make an assault
upon the person of John Whattmaugh,
and then and there, with intent to
purposely and of deliberate and premed-
itated malice to kill and murder him,
said John Whattmaugh, with certain
iron pin, commonly called coupling
pin, in and upon the head, face and neck,
did beat, strike and bruise; thereby CIV
ing him, said John Whattmaugh, upon
his head, face and neck several mortal
wounds, bruises and injuries, of which
mortal wounds, bruises and injuries, he
afterwards, on the same day, died.
2. That on the same 9th day of June,
1879, in said county of Stark, said Gus
tave Ohr, and one George Mann, unlaw-
fully and feloniously did make an assault
upon the said John Whattmaugh with
intent to forcibly' and violently and by
putting him in fear,to steal and rob from
him his money and personal property,
and then and there did unlawfully, and
feloniously, by force and violence and
by putting him in fear, steal, rob and
take from him his money and personal
property, particularly mentioned and
described in the second count of the
indictment, and of the value also therein
stated), and then and there, whilst so
being engaged in said robbery, and in
perpetrating or attempting to perpetrate
the same, with certain iron pin, COM
monty called coupling pin, did unlaw-
fully and feloniously beat and strike him.
said John Whattmaugh upon his head,
face and neck, with intent him to I'M
lawfully and pnrposely to kill and muir
der, thereby giving him upon his head,
face and neck several mortal wounds,
bruises and injuries of which said mortal
wounds, bruises and injuries, he, said
John Whattmaugh, afterwards, on the
same day, died. 4a
The charge made in each of these two
counts of the indictment, against the ac-
cused, Gustave Ohr, is that of murder in
the first degree, Both counts, however,
charge him with numbering one and the
same person, namely, John Whattmaugh,
the difference between the two being
simply this, that in the first count it is
charged that he killed and murdered
him purposely, and of deliberate and
premeditated malice, whilstin the second
count it is charged that he killed and
murdered him purposely, whilst engaged
in perpetrating, or attempting to perpe-
trate, robbery against his person.
To these several charges the defendant
pleads that he is not guilty. To try the
issues thus raised, and to determine them
by the facts as developed by the evil
dence and by the law, as the Court will
give it to you, &C.,
Gentlemen of the Jury, you have been
lawfully empaneled aud solemnly sworn.
The trust thus imposed upon you is one
. of the highest and most responsible
which can be conferred by the lawfully
constituted authorities of the State. It's
sacred trust, and to be executed Loyalty
and conscientiously, because, upon the
due and proper observance and enforce
ment of the law depends the security
depends the happiness of the citizen, no
less than the welfare and prosperity of the
people as nation, nay, the very exist
ence of Government itself Sanctity of
the law is the foundation upon which
civilized society reposes. Where that is
wanting, where the law has lost its sane
ton, where private rights and public
laws are violated with impunity, anarchy
and barbarism are the inevitable conse-
quences. This truth I deem it my duty
to forcibly impress upon the minds of
the jury, because it would be criminal to
shut our eyes Charged as we are with
the duty, you as well as the Court, of
faithfully enforcing and administering
the law, to the state Of lawlessness
which is rapidly spreading over our
country, once so noted as a country of
law and order. 1t is the duty of Courts
and Juries, particularly, within their re-
speCtive spheres of official action, by a
faithful, impartial conscientious and
fearless observance and enforcement of
the law, to check this onward course of
decadepce and dissolution, and ''set bar
rier to the torrent of crime which threat.
ems to overwhelm us as people. In this
patriotic and holy endeavor, especially
in the administration of the criminal
laws of the State, in the trial of persons
accused of crimes and offenses, a duty
equally sacred and important deyolves
upon Court and Jury alike: the duty of
seeing that the rights of the accused be
scrupulously respected, and he be adj
judged guilty only if his guilt be legally
established by the proof, and under the
requirements of the law: that is to saw,
to carefully guard, that the accused be
not convicted of the crime with which
he stands charged unless his guilt be es-
tablished by the proofs, by that degree
of certainty required by criminal law to
work conviction, lest an unwarranted
zeal to suppress crime lead us to injustice
and visit the innocent with the punish
ment denounced by the law against the
guilty
Under the solemn obligations of your
oaths you owe, therefore, duties to the
State and you owe duties to the prisoner.