The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1881-07-14
JOE KLINE
ESCAPES THE HALTER BUT GETS PENI
TENTlARY FOR LIFE.
A Verdict Of Murder IN he Second Degrse Rendered
-SynOpSiS Of The Testimony for The De-
feHSe Motion for a NsU Trial
wa be Made.

Friday morning, Mr.. Frank Perdue, the sick
| juryman IN the Kline murder case, was able to
be In his place. and the testimony for the defense
began.
| DR. l.. sLUssER,
0mittlng the finding Of arsenic by a chemical
examination, the defense asked the doctor II
medical science could determine the existence
Of arsenic from those sympto The doctor an
sWered that medical science could not deter.
mine without the aid o. chemistry. The defense
then put hypothetical question -em brscinR the
findings Of the post mOrtem examination, and
the finding Of the 1OO.h part Of grain OF arsenic
in half OF the liver and kidneys OF the subject by
chemical anaysis-Asking II the finding Of arse.
nic would indicate that the symptoms Of the
subject Of the first case could be ascribed to the
arsenic. The doctor answered that they could be
ascrlbed to arsenlc but not outstanding the ind.
ing Of arsenic the symptoms might also have
been attributed to anything else. l might not
have suspected arsenic from the subjects sick.
ness Of the first dav. Ifarsenic had been admin
istered so frequently (aS the State supposed 1t
was administered to Kine) It would take some
time for The patient to recover and think post
mortem examination would have disclosed ira.
ces o'it
| Q IestiOn. Can medical science enable you to
determine what caused the death OF the subjectH
Yes narcotism or congestion Of the brain might
either Of them have produced death.
Question by the Court Does not narcotism
produce congestion Of the brain2 Yes, but there
may be congestion Of the brain without narcot.
ism. My opinion IS that death was caused by
narcOtlSm,
DIR. A, ". RTDENoUR.
DR.. Rldenour was asked whether, without the
chemical examination there was conclusive evil
dence Of arsenic poisoning In the case Of Simon
Kline. He answered that the appearance Of the
stomach would indicate arsenic, aud mlght indi.
cate other things; II large dose OF arsenic re.
mained in the stomach he would expect post
mortem examination to show that the stomach
and bowel tissues were partly destroyed, and
that the liver aud kidneys would not be much
cor rgested; the liver would only be more reddish.
He was asked as to what In his opinion produced
Simon Klines death. He answered that II he
was called to attend to the case at the time Of
death he would attribute the death to brain ie-
yer or narcotic effects. Would think from the
findings Of the post mortem examination, that
there were evidences OF sufficient disease Of the
brain to cause death Iu answer to the hypO.
thetosl question, propouuded to the other physi.
clans, he said: Medical science does not enable
me to determine the cause Of DEATH there Is moth.
ing inconsistent In the theory that he died by
morphine.
DIR. 7. CLARK MILLER.
In answer to the Hypothetical! question, EN-.
braclug the circumstances OF the first sickness,
the last and fatal attack, the death, the post NOR.
tenn examination and the chemical analysis, Dr.
Miller said medical science did not enable him
to determine the cause Of DEATH Do not know of
any poison that would produce the results OF ar.
senic Think apoplexy or uranic poisoning
might produce contraction Of the pupil OF the
eye and stupor. Can not determine definitely
MRS. E. LUTY.
Live in Allegheny City, have known Joe Kline
from the time he was a baby; knew him init
mstely while be lived In Pennsylvania; have
made three visits at their residence in Canton;the
last one a year before the time Of his mothers
death. never saw anything vicious about him.
He was kind to his father and mother.
The defense asked do you know whether
Mr.. Kline used opium during his life time and
up to the time Of the last visit7' The prosecu.
ton objected. The Court ruled that inasmuch as
no proof had been made that the deceased used
opium during his l'fetime; the testimony was In.
competent; that II testimony was introduced first
showing that 1t was used at .he time OF death,
then 1t would be admissible The defense ex-
cepted to the ruling OF the Court.
nj. -
Timothy Thomas, Frank Alexander, Rev. L NJ
Kuhns Charles sohlegel, Augustus Herbruck,
James Sell, Joseph A Meyer, Paul Ryder, Jas
Craig, Lewis Rgler, Benjamin Thomas, Mrs.
Elizabeth Duncan, Of Alliance; Samuel Oliver,
Rob'J L Ryder, Mrs. Elizabeth Hubert, Timothy
Thomas, jri Professor DAn'l Worley, VIM Glib,
Frank Werner, Simon Baker, Joseph Rlgler,
Henry Thomas Anna Thomas and John Trump
was heard Their testimony was mostly in rea
tion to the previous reputation borne by Joe
Kline and his peaCesble and orderly disposition.
The prosecution had Michr Thompson recalled.
He testified as follows; Was about the Kline
house on Wednesday before the death, to dinner,
but not after. I did not see Anna TIL ompson at
the house nor did See Joe vOmlt.
This concluded the testimony Saturday morn
ing and the prosecution rested the case At las
O'Clock Saturday afternoon Court was adjourned
until Monday morning.
Court convened Monday morning and the
pleas OF the attorneys began.
The opening argument was made for the State
J in the morning by Prosecuting Attorney Harter
he was followed by Anson Pease, Esq'r, Of Mas.
sillon, for the defense, who occupied the entire
afternoon.
Tuesday morning, George E, Baldwin made the
final plea for the defense. He spoke fvom a. m.
until after II o'clock, a. m. After his spec h
court adjourned until O'Clock in the afternoon,
At that time J.Parker, Esq'r, began the closing
argument for the State, He made an exhaustive
> review Of the testimony from beginning to end
and closed with the request that the jury would
weigh the testimony carefully and render yer.
dict accordingly. Mr.. Parker concluded his ar.
gument about 445 O'Clock, after which Judge
Meyer charged the jury. They retired to theil
room at about $40 o'clock. Kline remained un
charged during the charge, and after the jury
left their seats, appeared relieved. He is conf
dent Of being acquitted,and remarked to friend
rat after his acQuittal he proposed prosecuting
, the county for keeping him imprisoned so long
During the day the court room, within and with
out the railing, was well filed with auditors ThC
Stark county Bar was unusually well represent
, ed attorneys being in attendance from Allie nee
, Massillon and Canal Fulton, as we'll as those o
this city.
: Shortly before o'clock Wednesday afternoon
the ringing Of the Court bell announced that thu
, Jury had agreed upon verdict Within a few
minutes thereafter the Court room was fllet
with persons interested In the result. The roll o
jurors was called after which Jordan L Stanley
foreman of the jury, read the following verdict
:, I'VE find the defendant, Joseph A. Kline, guilt!
:, Of murder in the second degree and not guilty o
= murder In the first degree, as charged in the in
dtctment" buzz Of excitement passed through
the audience, and Joe Kline, who was sIttinl
- with blauched face and nervously Clasped hands
turned with flushed face to one Of his attorneys
>, George E, Baldwin, Esq, and began an earneG
- | conversation The verdict randered Ia In lepa