The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1890-06-26

NlnNnun llthh court lNlh Wl'llNNfl ~
.eolrl room, 40 usual, being tull OF Hpeo"'
Tho defence produeed Dr. J., slusaer as
~ eXpert on alcoholism, lls testimony
taFas a. folloWHl Am retired phyhlolhp
have prhotIccd medicine Forever 10 years
have had practice in mental liheaheh Tor
~ years, II h conceded 10y aU pliyhlClhnA
who have given the mniierAny Cohsldera'
ton, that with certain Individuals hlcuhol'
Ia stltnulauls h1 disturb the mind that
aiicy arc unconscious ot what they do un'
1er tho Influence ~ IL, temporarily they
afo Insane Certain forms ~ alcoholism
lsr.ther homnoldnl Or suicidal, Wlcn the
VietIm either Kills some one ur kills Nlm'
self while in this condition,
On account ot the latenesh ~ the hour
ycaierday afternoon Judge Pooee cnntin'
ned uutIl thia morning Ills charge W lhe
inry In the Popp case, ou
The morning the court room was illled
-sdth eager listeners, The charge was
written one, and was read 10y Mr, o.
Bow Ia q loud and clear voice, Inc de'
fendant, Popp, was seated short dlh,,
dance away with hla attorneys, ionch hnd
gludsOu, he said "a a reporter that he
was unnerved, he said that his attorneys
tad done all that was possible 20 DO Tor
him, His father and brother made him
Vlalt the other day, ile has a somewhat
sioWncaat and dlapalring look, and now
fully recognizes the enormily OF hts
crime.
jim substance the Charge read 40 'ollowai
Gentlemen 0f the luryj Tho defendant
Henry pOpp, IN here upon an Indictment
~ che grand Jury of this county, charging
liim with having on the second day OF
APRIL 1890, uulawiully, putpoHoly, and Of
deliberate and premedlihted malice taken
the lifc of one Mnriz Grcthor, 10y striking
him with knife upon hla neck, aud
q. F.lt
upon che said MorW Gfcihof, the said
Grcthcr died
This 10 IN lrlcf the substance Of the In.
silctmcnt. This indictment will loo before
YOU and 20 which you can refer for full
statement Of the 0ilonse 40 therein chnrg.
ed. he then read the statute nnd anidi /
call your attention especially to the charge
Of murder in the first degree 40 given IN
this section of the statute, that Ia ease
,on trial Il will be- for the Jury 20 determine
under the proof IN this case 40 10 the de-
gree Of the oltCuac committed by tho do-
PENDANT, II you should ilnd that he oOW-
united any oliouse, lnyour investigation
in this case under the proof Il Will be- your
duty 10 ind first, n Moriti Grelhcr dead
second, was his lie taken hy the doiCnd'
nnt hy cutting him In the throat with a
knife substantially aa stated In The indlct'
mcnti third, was this killing committed Ia |
thg county on or about tho time |
stated In the indictment, fourth, " you |
fnd that the defendant took the life OF |
GrothCr, what IN the degree Of the ollcneo |
committed hy him under The crcum'
stances Of this case
uc furhcrfnidi Toconsttuto the crime
OF murder In the first degree, whom the |
purpose to mulciOugly XIII with |
reconciliation aud dolibCraiion N |
Found, the louglh Of time be. |
3Woon the design was formed and |
aud ita execution IL immntorial, II i |
pot time that constitutes distinctive DIFF |
florence between
MURDER ~ rE FIRST pGoME
and murdcrlu the second degree, but the
actual circumstances OF such purpose
malice, dclihrrAtion aud promeditNtlon |
constitute the crime Of murder In the first |
degree, Il matters not how short the
time, " the party has turned Il over In his |
mind, weighed and doliboraiod upon H. |
The law prceumca that u man iniouds |
10 do that which he docs, and II you ind, |
undor the direction here given, that the |
defendant inflicted u mortal wound upon |
Moriu Grothcr, such aa charged IN the In. |
dictmcnt thereby using deadly weapon, |
to-wit, a knife, that the same was used IN |
manner purpoacly calculated 20 destroy |
life, you may infer the Intent or purpose |
10 kll from the use Of such a weapon, II |
does lawfully hc intended 90 do, and In |
tends the natural and reasonable conaO. |
quoncCs OF his voluntary nctr, unless the |
circumstances are such ua 20 iudi |
cate the absence OF such intont |
The law 1xos no time during which pre-
meditation and dclibCration shall take |
place. II Ia not necessary 90 bo any par.
doular length OF time, but you must be
Gatailod from the proof nsalrondy stated, |
and 10 the extent stated, that the dcfond- |
ant had formed the purpose TO kill In his |
mind had dclborntcd and reelected upon |
u, and II IN sufficient although evidently u |
short time had elapsed after such purpose |
was formed and the act or killing was |
done, " the same was deliberate and pre- |
mcditated by the defendant,
MALICE.
Malice signifies the wilfull design TO do
another unlawful Injury by hatred or ro-
pongo or express from the wantonnoss or |
siopraylty OF the heart, dlsrcgarding oil |
social and moral duties and fatally bent
on mischief.
Evident intoxcotlon OF the defendant |
nt the timo OF committing the act for
which he IN indicted may be admitted as II
circumstance proper to bo taken into con-
aldcration by the Jury, and should have
ita Just weight In determining the malice
of intent. So " the accused was 80 drunk
as 10 not know what ho was doing, the
Tact Of intoxichtion may DO given In ovl.
dence for what II Ia worth 10 show that he
did not intend at the timo 10 do what he
did do. Drunkenness IN no excuse for
,rime. Crime, when all the aota
OF hand and mind actually existed
is not less criminal whom com.
mitted by person intoxicated. A
drunken malice Ia as dangerous and may
be quite ~. wicked M 0 sober malice.
1ntoKcntion II ensily simulated, II Ia
often voluntarily induced for the sole pur-
pose Of norving u wicked heart TO the
ciumncss requisite for tho commission of
A@rime solely prompted or as an excuse
for such crime.
The charge then referred 20 the evidence |
given by witnesses as 20 tho intoxicated |
condition OF the defendant and that N |
Grcther, for the sole protection OF his |
properly elected Popp from his promises |
mnd thereby invoked the anger OF the de- |
4endant, that should also be taken into |
consideration by the jury.
porr rs FOUND GUILTY.
Tbo jury retired Immediately after the
charge was delivered, at 1880 o'clock this
auorning, and the crowds that were IN at
audanco flqd out OF the court room, dis
ecugalng the probable verdict Il was the
general opinion that verdict OF murder
Ia tho first degree would be returned. AZ
noon II was rumorcd on the streets that
dhe Jury stood 10 Tor conviction In tho iirst
.JeQroe and for the second degree.
At2s30 o'clock, after being out for four
hours the Jury announced that Il had
agreed upon verdict. Court was immo.
aiiately opened and the prisoner was
drought In. The expression IN the faces
uT the jurors indicated the nature Of the
uordict
The foreman handed the verdict 10
allork OF Courts Coxen who read as fol-
Aows:
eve. the jury in the caso Of the State Of