The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1879-12-18

on VIII carefully examine ana Welgn
all the evidence and circumstances de-
veloped by it in the case, with view to
arrive at correct conclusions upon these
issues. The State claims that
every element or ingredient part consti-
tuting the crime of murder in the first
degree, as charged in the first count of
the indictment, to which l have been
calling your attention, namely: the kill
ing purposely, and of deliberate and pre-
meditated malice by the prisoner, pro-
we'd beyond the existence of reasonable
doubt, by the facts and circumstances es-
tablished by the proof in the case, as it
claims, to which l will now call your
special attention, in order that you may
consider and weigh each and every item
of the evidence given to you in the case,
to determine if and how far this claim of
the State is sustained by the proof
The State claims that the proof shows,
as circumstances of eliminating char
acter, tending to fix guilt upon the pris-
oner, among other, these facts:
That late in the night, between the
26th and 9th days of June last, between
II and II o'clock of the night, the pris.
oner and George Mann, with an elderly
gentleman, claimed by the State to have
been John Whattmaugh, the deceased,
were first seen by James Drummer, night
telegraph operator at the Louisville sta
ton of the P. Ft w. & G. R'y, being sit
uate in the county of Stark, and west of
Alliance station; that he first saw them
on the track of the railroad six or seven
rods east of the station, and walking to-
wards the station house; that then the
prisoner or Mann, one of the two, walked
towards the coal house and beckoned
the other two, who were still on the
track, to fellow him; that they started to
do so, when the operator went out. of the
station house and on the porch, where
there was a lamp burning that these
three parties then came up to the oper-
ator, and one of them, either the prisoner
or Mann, asked the operator what time
the first train would be going east, and
was informed that freight train would
be due at o'clock in the morning; that
they then concluded to stay and wait for
that train, and came on the porch and
stayed with the operator until about
o'clock, when the train arrived; that
whilst all were present the old gentle
man related to the operator that he resi-
ded in the east; that he was wooden
spinner by occupation, and had left his
home and gone west in search of en-
ployment, but having found none, he
was on his way home east; that here one
of the other two, either the prisoner or
Mann, said there was factory at Chica-
go, and if he had been there he could
have found employment. One of them
said, either 0hr or Mann, that he lived
at Chicago. One, that at the time they
called Ohr; that, resuming, the old man
said he had met the boys at Ft Wayne
and they had agreed together that the
boys would go with him on his journey
see him get through safely, and help him
to get on and off trains, he agreeing to
buy their provisions. Further, that he
had walked from Chicago to TT Wayne,
where he met the boys. That in this
conversation they said they had been
put off the express train that night at
Louisville. Further; that the old man
had bundle with him, and when the
train arrived, about 2 o'clock in the
night, one of these boys said to him:
"Pap, let me carry your bundle for you;''
that then the three went on board the
train between two cars and the train
started east. That about o'clock the
next morning the three were seen about
the railroad watering tank near Alliance,
whilst freight train was taking sup
ply Of water, Mann having an iron, rail-
road coupling pin concealed under his
coat, which, as he stopped to pass in un-
der water pipe, where he and the pris-
oner were then together was seen to fall
to the ground from under his coat; this
out of the presence of the old man. That
next the three we're seen about 6 o'clock
in the morning at grocery store kept
by Mrs, Hunter, short distance from
said watering tank, where the old man
bought and paid for a pound of crackers,
which were put up for him in a paper
bag. That one Of the boys, either the
prisoner or Mann, said to him: "Pap
won't you buy us some cheese, too?''
And that the old man then bought and
paid for pound of cheese, which was
wrapt up in paper for him. That the
three then left together, and were seen
by several persons walking in the direc-
ton of Webbs grove and sugar-camp, a
short distance from Alliance; the old
man carrying his red bundle, and either
the defendant or Mann carrying the pa
per bundle. That on part of the way
they were observed by a witness whom
they passed, to walk along the sidewalk,
the old man 80 or 40 feet ahead of the
other two, and these two walking closely
together, and Conversing together in a
low tone of voice or whisper, That next
about o'clock in the morning, the pris.
oner and Mann were seen walking away
from the direction of said Webb's grove
and in a southeasterly direction; that
they walked away hastily, Mann carry.
ing a red bundle and 0hr carrying coat
in his arm. That at the same time the
old man, John Whattmaugh, was seer
coming from the direction of said grove
at a rate between a walk and a run, pres
emily staggering, and making his way al
best he could towards the nearest house
occupied by one Davis; that he was stript
having no article of clothing on his per
son but shirt and a pair of socks, anC
carried under his arm a pair of boots, {
pair of suspenders and an old drat
slouch hat, on the way dropping one O
the boots. That on arriving at the fence
around the Davis lot his strength faileC
him, and he sank down to the ground
but afterwards recovered again, and go
up. and held himself up by holding tC
the fence, unable to go farther. That he
was found to have on his forehead, or
his head and side of the head, and OF
the neck, at the base of the brain, five
dangerous, most serious wounds, appar
emily inflicted with heavy, blunt in
plement, such as would be produced by
being struck or beaten with an iron, rail
road coupling-pin, being contusions OIL
bruises in part, and in part confused anC
lacerated wounds, bleeding copiously
and that he had other wounds or bruises