The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1884-09-25
THE WARTHORsT TRIAL.
STORY TOLD BY MISS LIZZIE MAL0NEY.
II Saw by the Flash OF the Pistol Frank
Warthorst."--FullD Details OF the
Fatsfui N ght ofMrs Kirk
lands Murder,

Court convened at 10 o'clock Monday
morning, The lateness OF train on the
Fort Wayne road prevented Mr.. Nc.
sweeney, who Ia assisting Prosecutor
harter, from reaching Canton this morn
ing ana court was consequently ad.
jonrned until 1880. o'clock this afternoon,
Following Ia the continuation OF tes-
tlmony Of Henry Landon, which was
given Saturday:
Observed the sash OF the broken win
dow and think would know II again;
(window shown TO witness and identified
by him az being the aamN); noticed that
limb had been cut from tree, and asked
Warthorst why no cut this limb out Of
the tree; he said, ITO put under tho
Windows" he did not say when he cut
IL the tree stood within or 8 feet OF
the window, In front of II; limb cut
from the tree within easy reach Of the
ground; WarthOrst, DR.. Roger, DR., Kirk
land aud myself next went into the
house; | first saw the defendant that
morning come out OF the back door Of
hi9 house, and 90 down to the prlvy at
the further end Of his lot towards South
street; That was before he and his wife
came out OF the front door; he went into
the prlYy; think he remained half q
minute; saw him come out, go back 10
the house and enter by the back door;
saw him 80 TO the prlyy q second time
from the back door Of his house, enter
the priyy again, remain no longer than
before, come out, 90 back TO his own
house and enter by the back door; the
next time | saw him he and
his wife came out the front
door few minutes after the
second time he went to the priyy; no one
Invited us into Warthorst's house; Wart-
horst led the way In; we went into the
front room; saw stubs OF burnt matches
lying on the floor, not TO exceed six; DR.,
Roger picked some up from the floor, and
] told him TO lot them alone; the defend.
ant said nothing about the matches; |
did not examine them. DR.. Roger said,
IL want 10 see what kind OF matches
they use" we went next to a back room
by door leading from the front room;
Warthorst took us TO center table In
this room and said he found the drawer
open; think DR.. kirkland asked him II
anything had been taken; he said moth.
Ing but an opera glass and agGrnet ring
that had been presented 10 him by his
mother; we next went into the east
room at the back end OF the house,
Mrs, Warth0rjt said, "They didn't take
anything here's our silverware," and
opened the cupboard; then Warthorst
picked up q pair OF pants which he
showed US and said the burglars had
searched the pockets; cannot say that
the pockets were turned inside out;
nothing said about whore tho pants
had been tho night before; think there
were no suspenders on them; then
went out OF the house aud went over TO
KirklaDde; this was about liye o'clock
IN the morning; Mrs. Warth0rst said,
They used my matches out Of my box
on the table," pointing to the box; she
also remarked 10 defendant, "YOu done
his last night TO scare me-" defendant
said, IL did not" went alone TO Kirk
land's house; saw defendant again about
Z o'clock that morning come out Of his
house and 70 down town; was about
Kirklands the most OF that day; saw
the defendant again NJ nearly dark that
evening near Peter Albrlght's house, did
not see him that day near his own or
Kirkland's house,
Cross.examined-B Burnett, the detec-
tive, was with me at Warthorsts house
In August looking ut the shutter; we ex.
amined III ho asked me to 80,
CHARLES HoEHN
testiled Live In Massillon; lived in
the Fourth ward In that city on July 81,
1883; am u driver OF a beer wagon for
Andrew BO0rner; know Frank Wart.
horst knew him on July 81, 1883; saw
him on that day In front Of Mr., B0ern.
or's bOttling works about u. H., In
company with Martin Henry; they went
into the b0ttling works and remained
about I've minutes; WarthOrst came out
alone and asked me II he could ride
with mo TO Fulton, TO which told him
yes; no said no had business to attend TO
there; wa left Masslllon about 6I5, and
got t0 Fulton between o and $3.50 u. M;
| asked Warthorst how Mrs. Kirkland
was killed, and he told me she was shot
from the p0rch no also said that some
burglars broke into his house that
night aud stole an opera glass; no said
they cut out window pane and broke
into the house; no also said there was
some silverware In q cupboard In the
next room, but they didn't take any
away, Warth0rat did not transact any
business In Canal Fulton; no helped me
take of beer and attend to my custom.
ers; no did II at two or three places;
stopped NJ seven places; he staid around
the wagon whileI was NJ other places;
no told me they were pounding 1ye or
ten minutes on his door the night be.
fore and no could not got awake; no said
he must have been chlorofOrmed or
something, the reason no didn't get
awake; We left Fulton about l0.30 a, m.
Warthorst came back with me; II Ia
about 8 or miles from Massillon TO
Fultonj we returned 10 Masslllon about
one o'clock; left Wrrth0rst at our stable
In the ith ward; went from Fulton
direct TO the stable In Massillon; do.
fendent WINS not away from me- NJ any
time we were nj Fulton; saw him again
nj .. m, that day NJ the east corner
Of nthe On "a House I'm MlssillOn,
alonei did not SEQ him again that day,
JOHN LIST.
Live on Oak street In Masslllon, the
same house that Warthorst family lived
In bought the house Of Otto Young;
have lived there since February last;
Mrs. Warlhorst lived there before did;
the north east window down stairs had
shutters on when moved there, with
the fasteniDgs on the inside; noticed u
cut In ono OF the shutters when was
there a week, the shutter Ia lust the
pnina noIv na n UNA whnn I frat ANU A.
the window sash taken from the north.
east window down stairs Is the same
now as II was when | llrst saw II.
MRS. ELIZABETH LIST,
Am the wife OF John List and live In
The Warthorst house; moved there bo.
tween last Christmas and New Years;
Mre. Warthorst lived there before US;
when we moved there tho lower north.
east window sash down stairs was cut;