The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1884-10-23
FOR LIFE.
Averdlot Of Murder In the Second Degree
Against WarthOrst.
The Prisoner Sentenced For Life---motion
For a New Trial Over-Tuied---
An Appeal to be Taken to
the Supreme Court.

Shortly before @ o'clock Friday evening
knock was heard on the door OF the
Jury room In the Court House In which
the Jury In the Warth0rst case was de-
l~lberatiDg on u verdict. Bailih Hiak
answered the knock and WAS Informed
that the Jury had reached an agreement.
On receiving this information, no im-
mediately started out on a hunt for the
court and the attorneys Ia the case,
whom no loon succeeded In finding and
bringing into court.
No bell was rung calling the court TO-
gether. as II was thought advisable not
to do 30 In order TO avoid the rush Of
spectators into the room and the c0nse
Quent confusion incident thereto.
About 6:l0 Wartnorst, In the charge
OF Turnkey Weber, was brought into
court from the jail, AND shortly after
the door of the Jury room was unlocked
and the jury filed In.
Not more than thirty persons, the ma
jOrity Of whom were lawyers, were In
the room az this time.
When the jury waa asked by the
Deputy Clerk II they had agreed upon q
verdict, foreman Pontius arose, and 70.
plying they had, handed him their sealed
verdict, which he opened and read sub
stantially an follows;
eve, the jury, do h1d the
defendant, Frank Warthorst, not guilty
OF murder In the first degree az charged
In the indictment, but do lnd him
guilty Of murder In the second degree"
During the reading Of this verdict by the
Deputy Clerk, Warth0rst's face never
changed a muscle, and no sat In HIS
chair In the same unc0ncerned manner
that haa characterized HIM during the
entire five weeks OF the trial.
Al the request Of the defendants conn'
sel, the Jury was polled by the Deputy
Clerk and each man when asked II the
verdict Just given In was %truthfully his,
answered In the Affirmative. A motion
for q new trial was then I'll ID by defend
ants counsel, aud court adjourned until
8 o'clock this morning.
On the assembling OF court this morn.
Ing, the motion for a new trial was read
by Mr.. Day, OF counsel for The defence,
The grounds for a new trial. as set forth
In the motion, were stated TO DO errors
on the part Of the court In admitting
certain testimony for this State, and In
reference TO certain rulings In sustain.
ing tina objections OF the State 10 called
juror John A. Kingsbury, and 0yer.rul-
Ing the objections OF defence TO juror
Jacob Roger.
TIL motion for q new trial was over
ruled by the court, w%hereup0n Pf0secu.
tor Harter moved that the sentence OF
the law be passed upon the prisoner.
Warthorst was instructed TO stand up,
which no did, and when asked by tho
court whether or not no had anything to
say why sentence should not b 4 passed
upon him, replied In q low voice, "All |
have TO say Ia, I'm innocent OF the
crime Judge Pease then, In o CULVER
Ing voice and with m0istenet eyes, sem
tened the prisoner TO the penitentiary
for life at hard labor, none OF which is
to no solitary confinement
During the pr0n0unclng OF the sem
tence, which occupied about 10 minutes,
Warthorst exhibited not the slightest
emotion, and looked square In the face
Of Judge Pease, with a calm expression
OF, ~oOnntenance, not q muscle OF his
face changing. as he listened TO the
words that fell from the Judges lips
dooming him to life long imprison
ment,
II Warthorst Ia guilty OF the murder
OF Mrs. Kirkland, OF which there are
very grave doubts In the minds Of the
majority OF the people, both OF this city
and Massillon, then he possesses great
nerve, for not once, from the beginning
to the close Of the long trial, has he
shown q slgn Of uneasiness or guilt.
After Warth0rst was taken back TO
Jail last evening, no was visited In his
cell by his counsel, Messrs. Day, Parker
and Young, who asked him II no was
willing TO abandon further proceedings
and abide by the verdict OF the jury, or
20 on and appeal the case TO the gu.
preme Court. WarthOrst answered
them that no stated oil along that he
was Innocent, aud no still stuck by IL;
that no would rather get another trial
and run the chances OF being hung than
have II 40 II was. Gentlemen" he said,
'I'm Innocent, and will spend every
cent | have 10 prove myself 10. aud you
can 20 ahead and do what you think IL
proper" The case will therefore ba ap'
pealed TO the Supreme Court.
Mr.. Day Informed q DEMOCRAT report
or this morning that the case would DO
appealed 10 the Supreme Court just 40
quick M the law would allow.
The trial just concluded, has been the
longest ever held In Stark county, and
hna occuniad mat Ava Waeka.