The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1888-04-05
CURIOUS MURDER CASE:

"What year did you go to Ohio ?"
81 went out there i'll 1899. After l
settled at GAINESVILLE had the principal
criminal practice through all this series
of counties around there. But this
kind of practice was not very cJngenial
to me, and | lost my health somewhat
through the last case took up, which
is the case l speak of where | lost my
temper"
"EIow was that?"
AFTER | had been practicing some
time I made a final resolution to let
criminal practice alone and take up
civil cases only. But | had friend by
the name of Ward, who was a Catholic
and he became involved in a trial for
murder. The case may not be known
to you. and was a curious one. Ward
was a man of high temper and Strong
prejudices, but he was also strong
friend, and had been my firm supporter.
He had brought up young woman
as his ward, who was expected to in
herlt his considerable property. She
made the error of marrying Protestant
NOT an error as far as his religious
bias Went-but he was Incorporate and
went on sprees His method was when
he came home tipsy to go down the
alley in GAINESVILLE to his barn or stable,
which was adjoining to the old mans
house. His wife knew his habits and
used to 90 out to the stable and take
care of him. They had child. The
mother one day heard her husband re-
turn down the alley, and she laid her
child upon a bench near where the fire
was burning and went out to her huS-
band. The old man was also listening
and heard the child cry loudly. The
supposition is the child had wakened or
gotten off the seat, walked toward the
fire and fell into it. The old man rush
ed into the house, took the child off the
fire, tore its burning clothes from it
and laid it upon the seat. He then
rushed out to get physician. The
mother was also running into the house
mad encountered her guardian rushing
out. Thereupon the idea was started
that the old man
HAD THROWN THE CHILD INTO THE
FIRE.
He had unquestionably been hostile
to his ward marrying a Protestant, by
which she also took up the Protestant
tenets, and it was shown on the trial he
said he would rather have seen her dead
than marry outside the fold. Now. at
that time the Known othings were in
their power. Itwas toward the close
of the year 1856, just after the nomina.
ton of a Known othing President and
in the midst of the excitement of a
Presidential election. The old man was
taken the same afternoon and LODGED
in Jail. lived in the country, outside
of GAINESVILLE, and Wards wife was the
first person to bring me the news of heI
husbands incarceration and the terri.
BILE charge brought against him. knew
he was incapable of such crime, but |
told her could not embark in a mur.
der trial. | told her THAI O'Neill 81 Ball
my associates, would make her husband
excellent counsel. She finally made
me promise to supervise the trial. if
l did not try the case. So | sat incoTrt
when the trial came on, and as Won Der.
celVe, there was no testimony but that
of the old man himself that he had
heard the child scream, had taken ii
from the tire and was on his way head.
long to find doctor, when the mother
OF the child, coming up from the stable
saw him running, and she Jumped to
the conclusion, like others, that he had
a grievance against her offspring.
The Judge in the case made a ruling
which might have been fatal to the life
of the client. Itwas to the effect that
no Catholic could testify favorably to
the old man, because that testimony
might have religious motive. and the
court wanted the character of the wifi.
ness established as to his other oualif-
cations to be believed. In short the
ruling was to take away the rights of
the witness, as a Catholic, in favor of
his Catholic friend.
FELT so OUTRAGED
that [ said to the Judge that 1 would
never again come into a court over
which he presided. In the recess the
members of the bar concluded to make
| a protest to the Judge i'm their nrivo+o