The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1886-11-04
WEBSTER MURDER TRIAL.
OompIete Text of Judge William R. Days
Charge
In This Celebrated Oase--The First Accur-
ate Publication of This Interest
ing and Masterly Legal
Document.

charged with the murder OF Ferry Har-
rington, held recently at Warren, Ohio,
was OneO of unusual interest and attract
ed universal attention throughout the
State of Ohio, II not the entire Union.
Webster was found guilty Of murder In
the first degree at both the first and Sec
Ond trials, and after each Of these con-
VictiOns slept within the walls of
the State Penitentisry at Columbus,
awaiting the execution Of the sentence
Of death by hanging, twice pronounced
upon him. The granting OF third
trial attracted the universal attention
to his case and the progress Of the trial
was eagerly watched day by day. Judge
Thayer, who presided over the trial, was
taken Ill early In the trial and Common
Pleas Judge william r. Day, Of Canton,
was called to the bench to fill Judge
Thayer's place.
The circumstances Of the murder,
Webster's three trials and his final ac-
Quittal were all chrOnicled In the DEMO
CRAT, as they successfully occurred, and
must be familiar to all readers Of this
paper.
The Warren papers published abridged
and garbled accounts Of Judge Days
4 charge to the jury, in which his language
was misquoted and he was seriously
misrepresented, no doubt unintentiOn-
billy, In legal sense. In response to
d general demand of the readers Of the
: DEMOCRAT and the legal fraternity of
the State, the complete and accurate
text Of Judge Days charge In this cele-
brated murder case ts here subjotned:
JUDGE DAYS CHARGE
GENTLEMEN OF THE JURY:
You have listened with patience and
care, which Che Importance of this In
VestigatiOn merits, to the testimony of
witnesses and the arguments of counsel.
It now remains for the Court to instruct
you upon the law of the case, before you
enter upon the deliberations which pre-
cede your verdict.
In all cases where persons are charged
with crime, the law presumes the Rc-
Cused to be innocent until his guilt Is
fully proven Ia. entering upon the in
Vestigation Of this case, the jury are to
presume the defendant innocent Of the
crimes charged in the indictment, and
this presumption remains with the de-
fendant In the examination Of every
fact and proposition necessary TO be es-
tablished, on the part Of the State. 1t Is
his shield and protection, until over
come by that measure Of proof which
cOnVinces the mind beyond the exis-
tence of a reasonable doubt.
In entering upon the investigation of
this case, under the testimony, 1t IL your
duty to lay aside any and all bias, preju
dice or suspicion that you or either of
you may have entertained against the
defendant, by reason of his arrest, In
dictment, former trials, or anything
connected with any former trial, and If |
In any manner, excep' from the testi
mony permitted to be given to you upon
this trial, you have any knowledge of |
any matter happening upon any former
trial, which will have tendency to bias |
or prejudice your minds for or against |
the defendant or the State In this trial, |
1t Is your duty to exclude 1t entirely |
from your minds, and try the defendant |
upon the testimony which you have heard |
upon this trial and the law as 1t shall /
now be given you In charge. Any
knowledge you may have of former YER
diets or decisions should have no weight
with you.
As to all matters of fact involved in
this case you are the judges. The prov
inees of the court and the jury in cases
of this character are distinctly defiaed /
and clearly separated. While 1t is the
duty of the court to decide all matters
Of law arising in the case, 1t is your duty
to pass upon and determine all matters \
OF fact. You should receive and apply
the law given you by the court. Having
instructed you as to the law which
should govern your deliberations and
determinations In the case, the court
has discharged Its duty. The court has
no right to Instruct you as to what 1t
may deem established as to any contrO-
Verted matter of fact. If in the course
of these instructions, or at any time dur
ing this trial, 1t should seem to you that
the court has intimated or expressed
any opinion upon such questions Of fact,
1t would be your duty In your delibera
tiOns to wholly exclude the same from
your minds.
The defendant, Lewis W. Webster. has
heretofore been indicted by the grand
jury of Ashtsbula county, Ohio, charged
with the crime Of murder. This indlct-
ment will be before you for your careful
examination and consideration, and you
should carefully read 1t upon your re-
tirement.
In the first count of the Indictment,
the defendant Is charged with murder
In the first degree, alleged to have been
committed on the 17th day Of December,
1884. in the State Of Ohio, In the county
Of Ashtabuls, and states In substance
that at said time and place, said Lewis
W. Webster, in the manner and form
and by the means therein mentioned,
did unlawfully, felOniOusly, purposely
and Of deliberated and premeditated
malice, kill and murder Perry Harring-
ton.
In the second count Of said indict-
ment, 1t is charged that on said 17th
day Of December, in the county of Ash
tabula, State Of Ohio, said Lewis W.
Webster, In the manner aud form and
by the means therein mentioned, did un-
lawfully, felOniOuslY and purposely and
In the attempt to parpetratea robbery,
kill and murder Perry Harrington.
In the third count of said Indictment,
1t Is charged that upon said 18th day Of
December, in the county Of Ashtabuls,
State Of Ohio, said Lewis W. Webster, In
the manner and form and by the means
therein mentioned, did unlawfully, fe-
lOniously and purpOsely whilst engaged
In peTpetrating burglary, kill and
murder said Perry Harrington.
Although this Indictment charges the
defendant, In each and every count /
thereof, with the crime OF murder In the
first degree, there are charged within
its provisions not only that off9nse, but
also the crimes of murder In the second
degree and granddaughter. Under the
law OF this State, under each and every
count or this Indictment you may con-
Wet the defendant, II the law and the
evidence warrant you In 80 doing, Of
murder In the first degree, murder in
the second degree or manslaughter. You /
NAV nonHiat him nf aithar nrina nhoun