The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1882-03-09
LIFE IN rHE BALANOE.
Trial OF t. j, Rice 10 Murder In the First
Degree.

L
Trial of t. j. Rice 10 Murder in the First
| Degree.
OF late years it appears that term of
| court in Stark county is not complete
| unless there appears on the docket one
or more cases having upon them the
| broad red stain Of murder, and when
residents of the county jail to furnish
the necessary sensational article, a con-
Venlent tramp is always at hand to keep
up the crimson panorama. The present
case, although presenting no special
feature out of the ordinary character, is
of sufficient interest to fill the Court
House moderately full each day with a
crowd of morbid curiosity seekers, whose
greatest enjoyment, next to deadly
railway smash up or boiler explosion,
Is to witness fellow being fighting for
his life in a murder trial. Perhaps,
owing to the youth of the criminals and
the age of their victim, the trial of Ohr
and Mann for the murder of John Wat
mough several years ago "dTew" larger
crowds, but the tramp element is the
same in both cases, the present one
being assisted by the presence of alcohol
which is responsible for many hOmi-
eide. Over seventy names were called
before jury was obtained, which con-
slstS OF the following persons: John
HOWenStine, James FlOhr, Ephraim
Earnst, Jacob Elcher and G. A. Schrais-
huhn, Canton; Job Haney, Lawrence tp;
John Cameron and Jacob Schmachten-
berger, Paris; Joseph Grant, Lexington
township; Samuel Young, Plain town
ship; John Linn, Bethlehem township,
and Joseph FredeIi k, Washington town
ship, and the case was opened by Prose-
cutOr Henry Harter on Thursday after
noon. The court adjourned early so as
TO allow the jury to visit the scene of
the affair beyond the East Creek. On
Friday morning
WILLIAM DEVICES
Testified as follows: | am son of W.
B. Devices, the halter. On the 8th day
of last August, Caesar POrtman, George
Devices, Harvey Pence, George BOOp and
Ed. Messner were with me, at the East
Creek swimming, near the Ft. Wayne
railroad bridge. After coming out from
our swim and starting home, we stopped
a moment to play ball, just south of the
railroad. l then started again for home,
going towards the bridge; Rice, the de-
fendant, passed my companions and
myself. There was an unknown man
on the bridge abutment as we ap-
preached. Reaching the bridge l turned
around and saw Rice kneeling on
another unknown man who had been
lying under tree near the creek. The
only wrestling, but then POTtman said,
''See, he is going to stab" L looked
around again and saw Rice close a
pocket knife and put it in his pocket.
Then Rice got up and began kicking the
assailed man, after which he left him; /;
but when, theTeupOn, the deceased arose
to his feet and ran about two hundred
feet. Rice turned, overlook him, threw
him down and kicked him about the
fpn kI,n Il
ceased, the aSSailed man got up and
walked up to the bridge and half way
across, when he fell down and then
crawled the remaining part of the way
across. Blood was squirting out from
his left breast. Rice upon leaving his
man, walked down to the weeds at the
creek bank and then up to the bridge.
across it and up the railroad track to
Roland street. There he gave himself
up to Messrs. LOutZenheizer and Strei-
ber. heard Rice say to these men as
he walked up town, that he wanted
them to show him the Mayors office. He
also said to them that he met the man
he had been fighting with that morning
that they had gone together to house
to beg some "chuck" (fOOd, the deceased
| going into the house to get the food
while he (Rice) waited outside; that the
deceased instead of getting food, stole
some clothes, was apprehended by wO-
men on the premises and ran away.
| WhereupOn the women came out to him
| (Rice) and charged him with being con-
nected with the affair. The witness
| then identified a photograph of the man
| who was killed. did not notice where
the man who had been standing on the
/ bridge abutment went to. During the
| fight there was another man lying on
the grass, whom l did not know; neither
Of these two interfered with the fight.
| Caesar POrtman testified substantially
the same. Coroner Cock described the
wound over the heart made by knife.
Marshal Rigler testified that Rice told
| him after his arrest, that he (Rice) and
| the deceased came up town to get some
thing to eat, he waiting outside and the
| other going in. At one place, his partner
| jumped the back fence, and soon after
the woman came out and said some
| clothes were stolen and accused him as
being a partner. This made him mad
and he hunted for the other fellow in
order "tO put it to him." He found him
near the railroad bridge. He said he
had no knife, but the other fellow had,
and he may have kicked it into him. He
said they had been drinking alcohol to-
gether and got pretty full.
Several other witnesses were on the
stand but their evidence was simply cor
rObOrative and is not reproduced. The
defense rested their case on Saturday
afternoon. On Monday afternoon, Mr..
George E. Baldwin, associate counsel for
the State, opened the argument, and in
mastery address, which at time waxed
eloquent in dramatic intensity, described
in lurid cOlOrs, the murder and its
brutality. He was followed by John M.
Myers, Esq, and Judge Frease for the
defense, and the case closed by Prose-
cutOr Henry Harter on Tuesday evening.
The Judge charged the jury on Wednes-
day morning, and they retired at half
past nine to find verdict. After being
out about two hours and a quater they re-
turned with verdict of murder in the
second degree, which means life i'm
prisOnment.