The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1891-07-30

When court opened this morning the |
crowd in attendance was the smallest at
any time since the trial of the famous case
was commenced. There was not lady
present at the opening of court. II is hard
to- say whether they were ashamed to
again come into the court room, or wheth.
er they were aware there would be no
racy testimony. Later in the morning
one or two women came in, but did not
remain any great length of time.
DIR. Maxwell was not present when court
opened, but soon entered with his aged
mother leaning on his arm, and took
seat beside his brother, Rev. Maxwell.
| Mr.. and Mrs. Aaron Bordner soon came
| in and took the seats they have occupied
since the commencement of the case.
Mr.. Welty addressed the court, on the
question argued yesterday, for short
time.
Mr.. Pomerene followed for the defense
and made an able argument in support
| of his position. He held the evidence was
competent and that it would greatly bene-
| fit the defendant. He cited many au-
thorities to sustain his position.
Judge Critchfleld then spoke at some
length on the testimony. He gave many
authorities in support of his position.
Mr.. Welty again spoke for the State,
going over the different authorities at
some length.
II is evident the defense think they will
gain big victory in case the point is de-
cided in their favor. 1t will then allow
DIR. Maxwell to take the stand IL he de-
/ o,,I .tt 49, ha t,,rxy ota atap mt
made to him by the Bordner girl.
AFTERNOON SESSION.
A large crowd was In attendance this
afternoon, in fact, much larger than the
one this morning. A number of women
were present, one of them having q little
baby In her arms. Two young boys evil
IDENTIFY about sixteen years of age were
present with little girl about years old.
Mr.. and Mrs. Aaron Bordner were pres
ent. The mother of the defendant was
not In attendance this afternoon. At the
opening Of court Mr.. Welty continued his
argument. He spoke at some length and
reviewed the arguments made by the de.
! fendant's attorneys. Mr.. Welty said the
girls lips were sealed by the aci
| of this defendant and that she wat
not present to contradict any state
ment that might be made. He said
IL alleged statements made by the girl
were allowed to go in evidence II would
put premium on perjury, as 1t would bt
an easy matter to get people to swear tc
, different things that she had told them
) | whether true or not. He said that so per
sons out of 100, IL they testified as to con
versations with the girl, would not b,
willing to so testify, IL the girl was aliv'
y and well and in court.
Judge Taylor said the court would no
:, give its views until the evidence wa
sought to be introduced. 1t Is of cours,
y impossible TO say which side the court will
favor.
THE WITNESSES SWORN.
Judge Taylor suggested that the viii
nesses for the defense be sworn. Thi
/, was done by Clerk o. M. Coxen.
d The first witness called was
y EDWARD swANK,
}, who was on the stand when the argumen
a Of the question was announced. twill b
= remembered that the argument starte
u over alleged statements made by Lilli
\. Bordner to the witness. The questio
'i asked yesterday was whether decease
asked him to open the car window 80 ths
she could throw up. Judge Taylor helt
that on cross examination II was prope
for the defense TO show the girls cond
" " ton as the State had gone into II. Th
T. Judge said the witness could answer, bI
ly this decision would be no indication {
+ what might be expected regarding oths
9, statements made by the girl.
~ The witness answered that she did n,
ask him to raise the window. He also sal
he did not tell j. s. Hudson that 81
-, wanted him to raise the window. l WI
- in a law Office In the cassidy block, la
March and talked regarding the case, b.