The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1892-12-15

THREE FINGERED JACK
About 1o:45 o'clock the examination Of
Ellis was scommenced, His testimony was
substantially the same as the account
of the murder heretofore published, He
related how he came from his home at
Augusta, Carroll county, on business, and
not finding the man he wanted, conciud.
ed to remain over. He went to several
saloons, and about midnight went ibto
Simmons place. He testified that he
met Scotty Smith In Simmons' saloon and
they both went TO Greub's place. He hitch,
ed his horse and ihey went in. He sat
down at q table In the barroom and shuf-
fed q deck Of cards and said something
about getting up game. He then put the
cards in his pocket and went into another
room to hear the music. Smith aud Ober
nesser went along. This was the
fret time he had ever seen Obernesser.
When they got In where the music was
Scotty spoke to Obernesser about game.
Then Scotty and Obernesser went out by
the bar and he followed. Something more
was said by Scotty about game and
Obernesser said he would show him
game and he pulled revolver out OF his
pocket and shot Scotty. "Scotty f. q the
fioor and then he pointed the pistol at me
and shot me in the left breast. l said
what are you shooting me for and tried to
get his revolver and he gave II to me
u
my hands and went out aud fell down."
Witness said Smith did Dotdo anything to
OberDesser 10 provoke the assault.
Attorney Hsrter for the defense then
took the witness for cross examination.
He stuck pretty closely to his story. Mr..
Harter piled him vigorously with ques,
tions trying to get him to admit that
Smith had said something about doing
the kid,n meaning Obernesssr, but Ella
stoutly denied having heard anything Of
the kind. Mr.. Harter asked witness
II Scotty had not thrown bis arms around
one Of the girls in the saloon but said he
did not. He said he might have tickled ber
under the chin but he did not know, he
said that when Obernesser and Smith
were talking about game he could not
hear what was said, He did not hear
Smith say to him TO "plunk him for he Is
only kid,n meaning Ooernefser. Wit
ness testified upon cross examination
that Smith did not make rush at Ober-
nesser, nor In any way attack the defend.
ant in thisaction. He declared there was
no scheme on foot between him aud
Smith to get o erDesser into n game of
seven-up and "do" him with stacked
cards.
During the progress Of the cross examis
nation, nation Mr., Harter kept addressing 3e the
stand it no longer and he blurted out in-
dignantly' WY name is not Jack it's
John" "Whstm said Mr.. Harter, "Don't
they call you Three Fingered Jack ?"
"No sir, replied tie witnesr, "onIy the
newspapers called me that" Mr..
Harter began TO ask witness about
his character. Els admitted that he had
been indicted In 1873 in Columbian county
for shooting his brother Charles and was
| sentenced to tho penitentiary for life.
Upon being asked about being in the pen
| itentiary for burglary he refused to an :
| swer and the court ruled that he need not.
The examination Of Ellis was concluded
| by both sides at IL o'clock and the jury
| was then instructed by the court and sent
down TO the scene OF the tragedy under
| the care OF the sheriff and Coroner Open
| himer.
Stella Wilson was the lst witness
placed upon the stand at the Tuesday
| afternoon session in the Obernesser mur,
l der case. She told a very clear story and
made good witness. She had been with
! Oborneaser at the Sixth Avenue restau'
rant and Rpzenbrink's saloon early in
| the evening upon which the shooting
occurred. Also saw him later at Greub's
She was in the saloon when Smith
l and Ellis were there. Smith and Ober'
| nesser were talking of playing cards
Obernesser said he would play Il square
1 go me of seven up, seven points, ror 5C
l cents. Smith said to Ellie: "Go ahead
| don't let him bluff you, ne is only a kid.'
1 Then Obernesaer said: "Well I'm the
1 toughest kid you ever met" Smith said
"HOw will you prove you're the 'toughes
| kiu' l ever met?n and took a step toward
| Ooernesser. Obernesser said: II viii
show you," and pulled out his pistol suC
l shot Smith ana then turned end sho
| Els.
| On cross examination witness testified
| that she wes standing at all upstairs VIE
dow when Smith and Ellis came iuto thu
| saloon aud she heard one ask the othe
as they stood upon the steps, IL he had th1
| price of drinks. The other replied that il
that fellow was in there they would no
need any money. A game of cards wa
proposed and one of the men said tina
1 would get it started. She then came dowl
stairs as Ellis aud Smith entered thu
saloon. She also stated that she hearC
Smith or Els say, "Piuuk him, he is onI!
| kld.n
Jessie Keefer, who had been with SadiI
Wilson and Obernesser upon the night o
| the shooting, was placed upon the stand
but her testimony added nothing new I,
| what had already been obtained. To mos
of the questions put to her she answered
II don't know.n In fact Jessie's memor,
been drinking that night, and this proba
bly, was the cause of her failure TO re
member more clearly.
| Emily Downes, an Irish damsel with he
face closely shrouded in black veil tina
reached to the tip of her nose, made lot
of fun for the spectators when place'
upon the stand. She said she had los
her pocketbook on the night of the shoot
ing, ard had gone back to the Greub 50
loon to look for IL. In order to catch tn
thief she stretched herself up on tipto
and looked in at the transom to see II an
one had it. She saw Smith, Ellis and Ooer
nesser, but had nothing particularly ue'
to tell. She and Attorney Rice mad
lively time OF it in the cross -examinatio
that was productive OF much amusemen
for the spectators. When he asked he
what kind OF glass was in the saloon win
| dows she said, "Well, you was down, yo
could see for yourself." Upon bein
pressed for an answer, she said she didn
have to tell, that 1t was none OF her al
fairs nor his either. Finally, howeve
| she declared that "iE was some kind {
figgered slass.n Upon the point Of Sc
defense which the defendant will try
show, witness declared that "Smith didn
do nothin' al. him. meaning ObernesBe
Fred Seller was present at III
Greub saloon when the shoot!n
took place and no told his story whic
was substantially the same as the storie
told by previous Witnesses.
Frank Cole related the story of ii
! trsgt dy which coincided in all materil
points with the versions of other occupan
of the saloon at the TINA of tue shooting
, Frank Greub the man who was proprit
tor of the saloon in which the murder OF
CURED, was examined through an intel
prefer, he being unable to speak or ur
derstand English. Samuel Zerbe scte
as translator. He had nothing especial
a ! new to tell.
al Ernest Leitzinger, another Germs
: whose testimony rs Squired the services {
, the interpreter, to make it intelligiole
the court and jury, was the next witneI
: for tho state. He had seen the shootir