The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1884-09-25

uOnb remtulDbI bteinB pho uoionu"ns
while making the examination OF kirk.
lands house; Mrs, Warth0rat was about
there; when Coroner came, he, Dr. Kirk
land and myself made an examination
OF the body; performed the operation,
(The court was here interrupted by the
crashing strains OF q country band on
the Square Outalde. which had the effect
OF clearing the room OF spectators In
about two minutes. After the Wild
strains ceased the testimony was re-
6umed). The ball entered the left side
OF the lower lip, went backwards along
tho tongue and cut an artery, causing
death from hemorrhage; found the ball
In The transverse prOceasi the spinal
chord was not shattered, because inc
ball did not touch II; the ball was OF w
callbre; DR.. Leininger took out the ball
think the woman could speak after re-
celying the wound after receiving such
q wound o person would lose the power
of speech and consciousness In from ~
seconds TO o minute and half; have
had experience OF one person standing
close TO another and shooting OH pis'
tOl.
Cross.examinatiOn-lt Ia not true, 10
my recollection, that Warth0rat did not
come down for q half hour or an hour
after Pepper raped NJ the door OF his
house; no came down right away; the
tracks found by US on the road were
one barefoot and the other a shoe. The
remainder Of the r0ss'examination was
substantially the same ~ the direct ex'
animation.
Court here adjourned until 0 o'clock
this morning,
WILLIAM NEWSLETTER.
Reside at Massillon; was az Kirkland's
house about $3.50 q. m. on July "a, 1883;
went into the house; found Henry Ian.
don; Mrs. Land0n, and Mr.. Kirkland
here; left there before 0 o'clock; know
| the defendant; had conversation with
| him the morning after his arrest; saw
| him In his cell In the Jail; the turnkey,
| Louis Wagner, was present; asked him
| II he had anything TO say; he said no he
had nothing TO say, only he c0u ID prove
his innocence. HIS wife aud John Fnrr
could tell when he went TO bed; no said
he was surprised when the Marshal
| came into the saloon and arrested him;
| he said he couldn't have dCne the shoot
| Inc N no wanted TO ~ he had sold his
revolver to Win Davis; Mr.. David Kirk,
land, VIII Swihart and Mrs. Swihart, oil
| told him they didn't think II was him;
| asked him about the robbery at his
| house; no said his house had been robbed
and an opera glass and gold ring
| taken; no said he was not 80 hard up as
| to take his own jewelry and pawn u; he
| also said there were matches found all
over the house; no said II was very
warm that night, he slept up stairs,
| no In the front room and
his wife In the back room, and the door
| leading from this room into the hall
was locked, that matches were found
near this door NJ the head OF the staiIe;
| no said the matches found were common
ones and that he had none but parlor
matches In hie house; asked him what
he meant by common matches, II they
were those that are broken OH
from block; he said yes, those were
the matches that don't make any noise
when you light them; / asked him
| whether no and SlutZ had been together
that evening; no aaid no, they hadn't
been friends for three months.
Uross examination---Was near noon
when | was In jail to see Wart
horst; II was on Thursday Ia
| Septombe; II was the day
before hls examination; think 4,
was on tht Oh; | went t0 see Stulz in
jail at that time too.
MRS ELLEN MILAN,
Live In Masaillon; am wilO Of Jas. II,
McLaini on 81 Of July, 1888, lived mex
street south from Mr., Kirkland,
was at Mr KlrkRnd'e residence on N
81 Of July 1889; got there between 3
and 9 iu The morulug; Mrs. Y0al, Mr..
LanA0n, Mrs, Miller anu Nre Warth0r0t
were there; saw defendant llrat thHt
nlOrniog at his own gate; about hHlf a.
hour after got 10 Mrs, kirklande had
| conversation with the defendant; | said
| 10 him IL Is evident tic shooting wa
done from the top Of the porch, ~ | saw
lnger marks there; he said, "is that 20;
| his wife said, come IN aud see what has
been done 10 our h0ulp; he made
no inquiries about the sh00tingi
| went up TO the cast window on the
north part OF tho house; | noticed the
broken glass; think some one said the
window had boon pried open with Il
broom stick; noticed pine stick from
n tree; can't remember where the pine
stick was; noticed broken glase In The
window; the window was raiaed about
as high as the piece OF pine stick; Mr.
Warth0rst said come In and look ~ the
house; went into the sitting room; the
library table drawer was open In there
he picked up the opera glass case and
Warthorst said, Frank, supposed y0U
done this; no said, What would | b
doing there;" che said, III supposed You
were rummaging aronnd;" remember
seeing o pair Of pants In tho dining
room on o table; no lemark was mad,
by any person about the pants; oh
served no matches on the floor; II coulC
not have been much after o'clock a.
that time; went up stairs; was over a
Kirklands residence that morning.
| A decided sensation was created IL
court this morning by Miss Lizzie Ma
loneys story OF the murder Of Mre, Kirk
land. for which Frank Warthorst Ia nov
being tried. The following 10 the con
tinuation OF Mrs. Ellen McLain'a testi
mony:
| Cross examined--I was awakened b,
Mr.. Gates that morning who told M,
there had been shooting at Klrklands
II was very nearly two o'clock wheI
Gates came TO me; my husband locke,
at the clock and told me what time 1
was; did not aee Miss Maloney there
think | called Mr., Kirkland's attention
TO IL ilrst; had no previous acquaintanc
with Warthorst; had spoken 10 his wifi
before; don't know how tho shutter
were; did not 10 into the parlor tina
morning, nbaul-
JAMEs II. M'LAIN.
Live In Massillon; am husband OF Mr.
McLnin; was over 10 house OF Davl
, kirkland on July 81, 1883; got there