The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1892-12-15
RESURRECTED.
Prosecutor Bow Springs n Sur
prise on the Defense
IN THE PERSON OF THREE FINGERED
JAcK"WHoM THE DEFENSE HAD
ON HIS DEATH BED

nesoer trial Monday morning, the case
proceeded rapidly In the afternoon and |
before an adjournment was taken, the |
jury had been secured and sworn in and |
all the preliminary steps taken ready for |
the introduction of evidence this morning.
The court room was filled with people all
afternoon but there was very little of an
exciting nature in the proceedings OF the
court. There was no little commotion,
however, for few seconds when the
alarm of flre was sent in, and when the
uows was brought into the court room that
the Ill was burning, II caused quite SEN
satlun for u few moments. A few min
utes before the alarm sounded the electric
light in the court room began suddenly to
flicker and sputter and juot as the fire
oell rang couple OF messengers nnrried
into the room and informed Sheriff Krider
that tho jAil was on fire. In moment
all was confusion. The first impulse of
the Sheriff was to 90, but he had only ta-
ken about two Dteps when he collected
himself and remembered that n trial was
in progress and he had prisoner in his
keeping and he stopped and attended 10
his prisoner that he might not get away.
The excitement lasted but q moment,
and tho case went on without further in
terruption.
SECURING THE JURY.
The securing of q jury was undertaken
about 2:30 O'Clock. Aaaron Shelton wac
the first called of tho special venire and
he waB accepted by the state as was the
second, Jacob Sweriz. W. z. Mcfarland
was called but excused on account OF
sickness. Thomas Turnbull was the
fourth man sworn but be was opposed to
capital punishment and was therefore let
go. Henry Sucker was the third juror to
be accepted by the state. A fourth man
was found acceptable to the state in the
person of Alexander Cowan. Henry
Reichard was called but he was opposed
to capital punishment and was told TO
stand aside, I. G.. Iollerton was against
the death penalty and he was likewise not
acceptable. The fifth juryman found who
was qualified TO serve in the estimation OF
the state was Lewis Conrad. Erenk Shlote
was examined and allowed to keep his
chair as n Juror. E. B. Gibson was the
seventh mnn allowed to remain in the
jurybox. William Lehnis was called next
but was opposed to capital punishment
and hence not qualified to serve. Louis
Sliker was opposed to capital punish
ment and had also formed an opinion
hence he was dismissed. John II. New
house said he had formed an opinion but
he thought he could be fair 30 he was
allowed to stay. William II, Kaufman
was called and was accepted as the ninth
| juryman. Alexander Lamott. Henry b.
| johnson and w. Myers were called and
accepted by the court and the box was
| then full.
The defendants counsel peremtorily
challenged juryman johnson and he was
dismissed and Charles A. Bsrtoletts called
| and accepted. Henry Sucker was next
challenged by the defense and in bis
| stead John Cans YVES called and told to
! take his seat. Alexander Lemott was
| challenged by the defense and after his
retirement Martin Bucher was brought up
for cx animation but he declared he was
| opposed to capital punishment and he
| was let 20. A. Lowman was placed on
the stand but he said he could not hear
and was acc ccordiDgIy dismissed. William
| Chain being called was found satisfactory
| to the court but was challenged perempa
| torily by the defense. George Richert
| was called but he had formed an opinion
and he was retired. John Rhiuear was
| examined and found acceptable but was
| challenged by the defense. Stephen
| scbeIl shared the same fate. John Long
| said he could not understand Engieh
very well but both sides seemed 10 think
he would do and he WAS allowed to
remain. Alexander Cowau was chnllenGr
ed peremp.orily by the defense and Joseph
Schilling was called but let 20 because ne
had formed an opinion. Jacob Yost said
the fellow was not guilty. $50 am l."
said Judge Taylor. MIR. Yost
| however escaped because of sickness.
James Simpson, George FlatiDg aud
Henry Baker had ali formed an opinion
on the case and we're not eligible to serve.
Ira p. Bryan was accepted by the court
but peremptorily challenged by the prose-
cution after the defense had signified
| satisfaction with the jury os completed.
Henry Krider was called but peremptorily
| challenged by the defense. Gediah Kelley
was the last man on the venire but he
| was acceptable TO both sides and DO the
jury was completed without u new venire,
THE JURORS.
The Jury was completed at ten minutes
before five o'clock, it having taken just
two hours and twenty minutes to I'LL the
box and the twelve men who will decide
| whether Robert Obernesser shall live OF
die are as follows:
Aaron Skelton, Pike township.
| Jacob Swartz, Canton.
Lewis Conrad, Paris township.
Franklin Shlote, Louisville.
e B. Gibson, Marlboro.
John IL. Newhouse, Marlboro.
William Ii. Kauffmsp, Canton.
John Long, Alliance.
John W. Myers. lawrence township.
Charles A. Bertolette, Nimishiller
township.
John Cans, Lexington township.
Gediah Kelley, Canton.
been called and all material witnesses
found present the jury was sworn in anC
the case commenced.
PRESENTING THE CASE.
Prosecutor Bow opened on behalf o
the state by reading the indictment o
the grand Jury charging Ohernesser will
murder In the fret degree committed
upon Scott Smith. He then stated the cas-
and declared that he intended to shov
that the murder OF Smith was willful ant
premeditated and without excuse or prov
} ocalion by any overt act on the part o
either Smith or Ellis the other victim o
Obernesser's pistol shots.
Attorney Rice for the defendant stated
their case to the jury and said that the
expected TO hhow that the shooting o
Smith and Ells was In self defense ant
: that the attack of Smith and Ellis upoI
Obernesser was In persuance OF form
uluted plan upon the part of them.
After the case had been placed befor
the jury the court admolished all in tn
. | jury box to be careful and not talk o
discuss the case or read the papers or d
anything else that might bias their mindi
and court adjourned until o'clock today
TUESDAY MORNING SESSION.
At9 o'clock this morning court opene
= with the room crowded with spectator.
, The jurymen were all called to take thei
places and then the State's witnesse
were called. About 80 o'clock when tn
, State was ready to begin on their wit
) nesses the defense, court and spectator
were treated to a surprise. The fir
name on the list OF witnesses for the pro-
, ecution was that of John Ellis, commonl
known aa Three Fingered Jack. He wa
, | supposed to be awey down in Caro-
: county on his deathbed but when hi
name was called the back door OF th
. court room opened and John ELS lik
+ Bauquo's ghost appeared and quietly too
| hs. "A an