The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1884-09-25
THE WARTHORsT TRIAL.
THE EVIDENCE OFFERED BY THE STATE,
Testimony Of DIR. kirkland, Mr.. and Mrs,
Daniel Miller aud Henry Landon In
Fuli---Court AdJourns TIN
Monday Morning,

by all GLASSES OF people III hlreauy hpphr'
ent In this case, and the court room was
crowded with spectators yesterday after
noon, Immediately after the assem-.
bling OF the jury In their seats, the wit
nessea on the part OF the State were
sworn, sent into the ante rooms and the
hearing OF testimony commenced, The
first witness called was
DR., AUGUSTUS LRININGER,
who testified In substance:
Am physician OF three and 0ne-half
years practice; am Coroner OF Stark
county; was Coroner IN July, 1883; was
called TO Masslllon on July 81 of that
year TO the Kirkland residence on Oak
street. arriving there about 1890 u. N. (,
went upstairs 10 the front room and
found Mrs. Kirkland lying dead on a bed
facing tho street; mado an examination
OF the body; found a bullet hole on the
left side OF the lower lip; on further ex,
animation found that the ball had
passed backwards, assuring the upper
part OF the tongue and lodging In the
spinal column; found the ball lmbedded
there; have Ii with me- (ball produced
and passed TO the jury for examinations
the ball Is Of 32 callbTe; on examina-
tl0n found that death was caused by the
Shatterilg Of the spinal chord by the
ball; would say that death occurred that
same day, Here DR.. Leininger went
out and brought In q skull by which he
described to the jury the course OF the
bullet Continuing his testimony, the
Doctor said: The bullet in passing
through the skull cut the yertabrae art
org aud removed u tooth from the lower
Jaw; In seyerng tho artery, death took
place almost instantane0usly from hem
0rrhage; Dr. Roger and Dr.. kirkland
assisted mo In making the examina
ti0n; left the Kirkland house about D.
M; went over TO the WaTth0rst residence
about III u, ul., saw two or three ladies'
David Kirkland and Frank Shepley In
the front room OF the Kirkland resi-
dence; found some burnt matches at
WaTth0ratg house and brought them
away (matcheR shown aud identilled)
picked them up IN tho room near the
door leading to the street; Mr.. Shepley
picked up one or two; Identified piece
OF shlngle shown him as that given by
DR.. Kirkland some weeks after the MUIR
der.
Cross examined-A person IL not con.
sciOus after receiving such shock AZ
Mrs. Kirkland did; consciousness IL lost
at once by the shattering OF the spinal
chord; death Is produced NJ once by the
shock aud the wound.
Re-examined-DOn't think q person
could speak after receiving such u wound
as Mrs. Kirkland did; don't think the
effects OF wound of this kind differs In
Its effects In different persons; think
the rule IL absolute; q shock Of this kind
often has the effect OF stopping q hem.
0rrhage.
DAVID K. KIRKLAND
testified; Reside In Massillon have
lived there since 1861; lived there In |
1888; lived on Oak street l5 years; on
July ID, 1885, family was composed of |
myself, my wife, Mary Emma Kirkland, |
my nephew, Sherman Kirkland, 8 years |
old, aud Miss Lizzie MalOney; Miss |
Mal0ney had been member of the |
family two or three weeks; IL neice of |
my wife; Is from Albion ludlana;On the
night OF July "a aud the morning Of |
July 81 Emma Swihart, my daughter,
her husband, William Swihart, and their
two children, Emma and Eddie, aged 3
and years, were NJ my house; wife and
myself intended going TO Crestlne on
July 81 to attend funeral; requested
Swlhart and his wife 10 stay at my
house until our return; retired a little
after 10 O'Clock that night; was tho last
one In the house TO 10 to bed; found the
lower window NJ the south end Of house
open about two feet In the morning;
the curtain on the window was up the
same distancei there were shutters on
the window; one Of these was open di.
rectly over u slantlng cellar door; first
saw the window open at daylight; did
not notice II before going 10 bod; all the
other windows In the lower part OF the
house were closed the windows over the
porch were open about one foot all
night; the curtains on the windows
were upj there were no distractions be
fore the windows; the northeast window
was cl0sedi the window over the pOrticO
was open about two and on0.half feet;
the blinds were open and the curtain
up;a stick held the window up; the
onst window and shutters were both
closed; there were two beds In the front
room aud two In the back room; a lamp,
burning low, was on stand near u
door leading from the front 10 the back
room; an alarm clock set at quarter TO
three, stood on bureau In the back
room; the bed In the northeast corner
was occupied by my wife and Miss Ma
loney; the other bed In the same room
was occupied by Mrs. Swlhart and her
Two year'old child; the bed In the north.
east corner OF tho back room wrs 0Ccu.
pied by myself and nephew, Sher,
man kirklandj the other bed on
tho south side, occupied by
MIR. Swlhart and his little boy; was
aroused about o'clock by the report OF
u pistol; thought the house was struck
by lightning; heard screaming In the
front room; ran In aud asked what was
wrong; saw my wife lying on the llOor,
with her head 10 tho south towards tho
door and her feet towards tho window,
about four feet frOm it; aho fell back
wards aud lay on her back, she said, "a
man NJ the window shot me" and re.
peated II raised her up by the neck and
shoulders and asked her II she recOg.
nized anybodyi she couldn't speak, but
made an Affirmative motion with her
head; her last words. In whisper, were.
II am bleeding 10 DEATH" was still on
my knees holding her when she died
the blood was gushing from her mouth
and some OF Y fell on my arm; Mrs.
Swihart and Miss Maloney were IN the
room when went I'M Mas Maloney
was In sitting posture on tho foot Of
the bedj when my wife spoke did not In. ,
dicate from which window she was shot,
directly after the shot was fred some
nelRhbors came In; when the doctors
csme about u half.hour after the occur.
renee they picked my wife up aud laid
ner on THO bed; the doctors were Kirk.
hno and Roger; the former is q
nephew OF mine; Mrs. Daniel
Miller was tho Fret lady that came, aud
MRS: James Peacock came next; old Mrs,
bwihart and the persons named came {