The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1884-10-23

fendant seen that morning. Was no
recognized by Miss Mallory ThaJ isa
fact for you 10 determine. Anu Whlle
IL is claimed by the state that they DO
not rely upon that fact alone, IL neVer>
| theless is u factor in the case and one
| that you should not pass by without
fully and clearly determining for your
selves. That Ia an important iacI'
Did this witness see thai manf 10 de'
teTmine whether she saw Ihht man, IL
il sand that there was n little light IN
this room, and that the night was dark.
The testimony discl0ses mat, or tends
TO Disclose IL. First, had she the ops
p%Ortunity OF seeingp Was she IN such u
| condition of mind aa to recognize hlm
IL ahe had seen himY Testimony has
been given upon the part OF thedetenst,
IN this connection, that one could not
be seen under BuCh circumstances ab ~
is described by the witness, Miss Ma
l0ny. If you should liud that was 30,
that would put an end 10 that part OF
| the inquiry. But II upon q careful exS
animation Of the testimony IN That res
gard you lnd, from the clear proof,
without "A reasonable doubt, that by The
light Of that discharged pistol, stand
ing 40 this witness did, at The angie
that she describes; II you are satisfied,
| say, by the proof, and 1t Is only by the
light of this proof that you "A know
anything about this case; II you lind
| that she could have seen-if there was
10 physical object In the way OF her
seeing that face, and that by The blaze
or discharge of that pistol sufficient
| light was furnished 10 see that man,
you will regard that circumstance and
In it-frOm it-determine whether She
saw HIM or not,
And ia this connection, | may per-
| haps as we'll dispose OF another feature
OF this case started by the detente, "
IL claimed, M against this theory, upon
the part of the defense, not only
that his face could not have been
seen by tne bl 10 or discharge,
but that tho statement or MISE
Mallory 10 entirely inconsistent with
her acts aud statements, and the facts
connected with the case subsequently
To the shooting Of this woman, aud IN
this. that she did not disclose the Cir
CumstanCG that she recognized the III
diyldual until some days, or weeks, Or
months after the transaction, IL tins
were ~, IL would 90 Il serious consider
alton 10 determine what credlt, II any,
should be gwen her testimony In that
regard. The lawdOes not favor courts
81 not favor the manufacturing OF tes-
umOn!-the trumplng up-the after
Thought Of the case 10 40 10 make II ~
the supposed situation, Hence ~ N OF
The highest importance that you look To
me surroundings, look TO the ilrcum-
stance under which this transaction
WAS had. That claim having been
made in that way by the defendant,
permitted testimony 10 be gwen upon
the part Of the state 10 the ellecJ that
within u very lew minutes-perhaps a
minute, you have the testimony
snail not tell YOU whether II was Il min
ute or Two minutes, or an h0ur-but II
Ia claimed by the state that within 4
minute or two, or "A lew inmates after
the shooting OF this woman, upon In
curry having been made by Mr.. kirk
land, or perhaps something said To him
by his dying wiie, that the question
was answered by Miss Mallory That at
waa that leRd over there" AT another
Time, and within perhaps a few minutes
after that, referring W IL again down
stars, and at subsequent times ana on
several occasions OF that day, 1t IL said
that Bhe said 10 different persons,
friends OF the family, those In sympathy
with them in this terrible affair, that II
WIS Warthorst, that 1t was the defend
am; persisted in that, | say this ls
| claimed by the state, You have heard
the testimOny. That testimony was
given ara allowed before YOU for the
purpose of d~lspr09inP, II " could be
| disprOved, the fact that her statement
Was q fabricated one. Was given
iOr the purpose OF tending
10 establish on the part
OF the State that the story was not
| originated by her after the transaction,
| But " was permitted to DO gwen for
The purpose, aud the purp0se only, OF
| CurrObOrating her abatement 30 ~ that
she would have the right In one view 10
explain, " she made statements 10 any.
body else different from that, and II u
| caution had been given to her not TO
say anything about this, abe would have
| the right TO say In explanation Of her
sta empnts at,erward, II she made any,
why she made them She had the
| iitht, and the State had the right, 70
Tend 10 show and satisfy you that The
atory was not u fabricated one; that It
grew up with her from the time that
thp nlsh WAS seen, and that during all
those hours, continuing through the
day aud for u day or two thereafter, II
waa frequently referred to 10y her
friends. she claiming all the time that
u was Frank Wafthorst, Now, | will
SAY TO YOU that these witnesses that
have been called 30 numer0usly, seven
or eight times perhaps, | don't remem-
her the number, who have testified that
she did make that statement to them
n IN not substantive testimony 10 show
The fact that abe did make ". II Is tes-
limDny only 10 tend to show-to corobN
| crate her In this, that she did not fabri.
cate the story after the transaction. II
Ia said that she made different states
ments TO different persons, aud notably
those to the Coroner, Mr., L%eininger,
ard TO other witnesses. | will not stop
TO name them, they are fresh In your
recollection, and they say that the
statement made by her TO them Ia 30
entirely different from the statement
made here upon the stand, and tn the
friends TO whom she had made u differ.
| emit statement, that her credibility 10
Involved, and that you should not place
reliance upon II. That rs q cir.
cumstance, gentlemen, for you ~
consider. But l will say TO you
If you And that II is u fact that she did
see Frank Warthorst NJ that window,
IL matters but little what statements
she made To other parties in that re-
gard. IL goes only 10 the question OF
her cledibillty II YOU are satisfied, as
"a fact, looking AT all this testimony In
that connection, that she did see Frank
W~arthOrst, IL matters but little, ~ far
M this Ia concerned, what statement
she made to other parties. And If II
should tun out IN y0ul minds that she
had made these statements oOlher par
ties, nOlaDly to Miss Snull, and to 9th
ers, whether made under such cifCum.