Democratic Northwest. [volume] (Napoleon, Ohio) 1869-1894, 1892-05-12

don't think he IL the person tnat We met.
"Nou in all this testimony We must reooIect that
there was great number Of people who saw the
person who did The shooting. not only on the
morning that the shooting was done, but large
number say they saw that same Individual, without
doubt, on the night before.
'There was Della Roberts, q modest little lady,
whose testimony, Al least, strongly impressed me,
who says she saw this individual walking up psst
her fathers furniture store very near the bank on
the night before, and that the person impressed
her. She had distinct recollection OF his general
appearance; there was no excitement then, nobody
was scared then, and she says that Frank Van
Loon was the man she saw. And 1t was very
important to show that Frank van Loon was about
that place, about these premises Abont the time,
just before the time this murder was committed.
"Not only Della Roberts, but Mr.. stAlter, the
marshal Of the village, saw a man sitting on a
railroad tie the night Of the 7th, reading a news
paper, and he positively identifies Frank Van
Loon as the man. He had been marshal Of the viii
lage, and a person sitting there naturally would
attract the attention Of man who had heen accus-
toned to looking after violators OF the law or per-
sons who might be suspicious Of doing these
things and it would be very reasonable for him to
observe him closely.
"Mr. Gesells and his man saw him at his barn.
1t is true that Mr.. Geses has been contadicted in
one particular, but he identifies positively Frank
Van Loon as ( he man he saw st those times
"There is another witness who impressed me
very st ropgly as man who would have an oppor-
tunity and would be likely to have improved that
opportunity to carefully observe the man orindi-
vidual Cnoua ,,r, the MI hofora
shooting, who afterward did the work, and re-
member, at least, his general appearance and be
impressed with 1t so that be would be able to
| recognize the again. Irefcr to that man who
is the night vatchman at the factory do not
remember now his name.
"But whoever killed william Van Denmark came
into that factory the night before with chicken In
his hand before the decspitation CT 1t, cut the
chickens head off In his presence, skinned 1t,
roasted it at his FIRE and ate that chicken all up in
his presence.
"The man was hungry; evidently must have,
| been very hungry to have accomplished that feat
but the circumstances of his having done ali those
things in his presence would be some thing to
impress itself on the mind an0 m emory of the per-
son who saw it.
/
do not propose to review all the testimony of the
witnesses who claim to have seen this man the
next day at the time OF the shooting, or before or
after, for 1t is fresh in the memory Of everybody
nor Of what host have identified Frank Van Loon
as the man, positively, but will say If this verdict
had to stand or fall on Identification alone, | do
not believe could permit it to stand and rest
easy afterwards.
"But it does not. I say that 1 would not feel
like permitting it to stand under these cireum-
stances, for this reason: We all know how apt
people to be mistaken in attempting 10 identify
individuals. But If that Identification Is backed
up by facts and circumstances, why then 1t be-
comes very valuable testimony, without any.
question. As it happens, we are not left in that
position in this case. As it happens this court is
not compelled to let this mans life be forfeited on
as dangerous testimony as that. There is a streak
of evidence Qf may be permitted to use the term)
running through this case, urdlsturbcd by any
testimony tending to contradict it, that fixes the
crime of murder of old man Van Denmark at Column
bus Grove on the Sth of August inst, to my mind
to certainty, coupled with the Identification by
SO many witnesses, upon Frank Van Loon.
"Every one VINO testified on the subject, whose
attention was called to the subject while testify
ing, with barely one exception, describes the
peculiar black cap, worn by the man who murdered
William Van Demark railroad brakeman cap.
'Thst black CAP was on the stranger who killed
the chicken and ate it in the factory, was on the
stra niger who walked past the furniture store the
night before, was on the stranger who was at
DeSelle's barn, was on the stranger who sat the
railroad tie reading newspaper, was on the
stranger in Crawford's store where he got the
reyolvers and declared himself "second Jesse
James and Bark Robber." was On The stranger
who went into the bank and shot Mr.. Maple twice
and then shot VIM Van Demark, was on the
stranger who ran down the alley and out into the
cornGed; that black cap, peculiar because it was a
railroad brak.man's cap, was on the man who
stopped at that witnesses some six miles south Of
Columbus Grove and got drink of water, and
was on the head ofthe stranger who ran into the
corrdeld from the neiehbol's next south when so
closely pursued by persons with pitchfcrks.
ave lose that In the cornfeld for minute But
that night q brown mare, "A years old, was taken
from pasture field securely enclosed, taken out
through the fences and the fences afterwards put
up or out through the gateway: tina. mare was
ridden by somebody on the main line to Bihaa, in
Union county.
IA sifaf sty was seen wi that black cap, or one
like it, OH hat brown mare along the road to
Bih,lir, Ia ULion county, and the next we hear Of
that ack cap 1t turns up where he goes at mid
nig't. August eth, to Frank Van Looms COUSINS
and ol tie head Of Frank Van Loon.
THAT black cap, to my notion, is the witnest
that fixes III there wr, nothing else except thii
idcnticntion) the witness that fixes The identi:!
of frsnk Van Loon with the man who murdered
= VIM. Van DemaIk. What has become of that blacl
CAPT
SIT has been trace d to he head Of the murderer
Why is that cap no. in co urt 80 that the wine sse
, could see and ray If that the cap that was oi
, tie Cd VI Frank Van Loon?
at has tcen found that the same kind of a cal
a was on the head Of Frank Van Loon. What has be
: come y I It? 1t is mysterious to me.
a "It might be that Frank Van Loon can explai
1t, this court carnOt. Not q word of testimony ha
been offered to dispute any of the facts have re
= cited.
A "These things entirely unexplained. as I ha
Il said, show chain CT circumstances that convince
me more than beyond a reasonable doubt, tbs
n convinces me that one actor in the whirlwind
n wrath, murder and robbery is the man that arrive
# at midnight on the 9th of August at his cousin
,s Frank Van Loon. This would be enough If thel
20 were nothing else to convince me that that jul
" hav been wronged when it was stated that Il
verdict was against the evidence.
10 "Where is the evidence that before the 9Th day
A. August FIR ank Van Loon had any such thing as
d revolvers How does II come that on the 9th,
ia midnight, with that peculiar cap on his head th
he is found in possession Of one? Ifthcre is not
,r ing suspicious in that how does 1t come that wht
he gave 1t 10 his brother inaw he made that pecl
IA lar request that his brother naw should not te
" any one where he got 1t.
"a peculiar request. that this thing, which
w. knew II he was guilty, must be one of the links