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

properly. Every body heard aud saw "A
great deal, lL ~ one Of the elements,
I.almOat, of the human mlnd,
10 grasp quickly ana largely,
| and greatly enlarge, You are TO place
yourselves IN. the circumstances 81
| those people on that morning, ana
through that day, and through the subs
| seauent DAYS, ana look ut all the proof
and SAY whether from IL all you are
satisfied that Miss Mallory saw this per>
son at the window; because ~ all has
reference and value TO that fact.
Leaving that circumstance on going
To Othersin the case, | propose TO fol-
low out this direct testimony that ] am
now speaking of. IL Ia claimed by cers
tain Conversations OF this defendant
with the witness, Mrs. Monroe, that
while the statements made 10 her were
not such AZ amounted IN themselves 10
~ confession, yet they say upon the part
of the State that they are such declar-
atiOns as point TO who was the gullty
party. In like manner, ! Will call your
attention TO the statement made DN
Young CHASER In the jail, Were any
such statement made 10 himY IL Is
claiu.ed by the State these amount 70 u
confession taken together-taken undef
the circumstances, that IL IL 4 conits-
sion In substance OF the quit OF thls
man. You will carefully consider all
these circumstances, and l VIII nave
occasion hereafter to speak TO you with
regard TO the effect vi impeaching tes-
timony.
Passing then this direct testimony
and | do lot undertake 10 call your at
tentiOn to all of II, only TO such parts
az seem TO force themselves upon my
mind ut this moment, and for The purN
pose of guiding you, II you needed any
guide, In the course OF your examina
ZION that you SHOULD pursue.
It's claimed in addition TO this direct
testimony, of which | have spoken
briefly, that there are clrcumsl ancts
such as when carefully examined work
conviction. / have already SAID
10 you that ciTcumstantial evidence
IA often, and IN nearly Hll
criminal trials, res0rted 10 Of necessity,
and that In investigating II you Should
look at IL with care and give no circum'
stance any undue weight, but give "
nevertheless all the weight that the
surrounding circumstances seem 10 IN
dictate IL is entitled 10. And IN TINS
clas OF testimony, notably this claim
that on the night of this terrible murS
der there wls II burglary committed IN
the house OF WarthOrat, the defendant,
IL IA claimed upon the part OF the state,
and they have given testimony before
Won tending To show that The burglary
was fabricated that is, that y Is no
burglary; that IL was hut an effort, az
they clam, Of the defendant after
shooting tins woman AZ that WINDOW
either after or before-sometlme mat
night, that this building OF the defend
ant, these rooms, these windows, th0ae
shutters or shutter, were 80 tempered
with as to easily direct the attention OF
the inquiring public In that direction,
to show that the bErglary had been
committed In his house, and that there
fore the greater presumption would
arise, first, that whoever committed
this terrible crime was the party who
committed that burglary, and nexl, The
presumption, IL ~ clalmed, would arise
in this case that II could not DO the de-
PENDANT, because the evidences OF lhe
burglary having been committed In hle
house would rebut the idea chat he had
committed any oiiense in the adjoining
house. This in substance and eject
was the aim Of the defendant, as Ia
claimed upon the part Of the State,
Now, u good deal OF TESTIMONY has
been heard by you IN regard 10 TINS
part OF the case, and " IL worthy OF
your highest and most careful consld I
alton. A good deal Of the testimony IN
that regard might be regmde d M
trivial and trlllDg in one sense,
IN another sense, depending enlirel,
upon how you look NJ II, II would
he Of the highest importance,
Ordinarily IL would make litlle
difference whether the window was
broken In or out. Ordinarily men per
haps would hardly stop to enquire, IN
an ordinary burglary, whether that
glass was broken from the outside or
from the inside, and II That were The
only circumstance, and u STOOD alone,
you might give " much weight or you
might not. | am not fixing the weights
for you, but IL ~ a matter for you 10
determine In this branch Of tn
case, and becomes important IN
my Judgment, whether that window
was broken from the inside or from the
out, Would an ordinary burglar 90 lns
side of a house and break out, Is thu
inquiry. IL IL said that this shutter
gives evidence of having been Cut on
the inside. Would an ordinary burglar
20 ia the inside OF a house and cus M
| IL Ia for you TO determine upon thls
| shutter whether IL IL cut from tie IN
side or outside. IL is claimed by the
| state IL is unnatural. IL Is claimed by
| tie State that they produced testimony
tending TO show that this window was
broken from the inside, and much eX'
pert testimony has been had upon THAT
subject by both sides. You are to give
that expert testimony full considers
ton. Ga both II il entitled to your
candid Judgment. You should be fully
satisfied from oil this testimony that
that burglary was feigned.
Another instance Is referred ID upon
The part of the State that u certain KIM
OF matches, called IN the testimony par
lvr matches, were p~r0iusely distributed
through the house. The only circumN
stances connected with that perhaps
w0uil W, first, ~ IL claimed that THESE
parlOr matches were u Kind exactly that
were found upon that table IN that
mouse at that time. That, II 10 claimed
by the State, Is followed up by showing
That an inLimaJl0n WAS gwen 10 Wars
LhOrsJ that u burglar would not USE
that kind OF matches, and II Ii claimed
by the State that thereupon these parlor
matches That were sLrewn around were
gathered up and that u common match
nas substituted Ia its place. WHAT do
you Say upon the u slimOy now That
isp For as | have SAID you have nU
know ledge OF TINS case but what you
gather rom the Testimony. The State
,ply, upon this feature Of The case, upon
the testimony OF this young NewsJet-
ler, Lhe reporter, and IRON oller Wit
ntsses who they Say saw lirBt The parl0r
matches and subsequently 10 that The
| uh.a,oa 40 Tim putlnr mutnh mud IN.