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

rated the testimony Of DR.. March that
death was the result OF the bullet wound
In the bowels. Mr.. Harter endeayored 10
get evidence that would tend to show that
II an operation had been performed upon
Smith he might have lived, but the doctor
said he believed an operation would have
been fatal.
Officer Thomas Brisbin was called to
the stand and asked IL be knew where the
Greub saloon was. He said be did and he
was let go.
the saloon Ia evidence, and at six minutes
before 10 o'clock the State rested it's case.
The roll of the witnesses for the de-
fendant was called and the defense COM
menced their case by placing saloon
keeper George RiDzenbrink upon the
stand. Witness testified that he knew
Obernesser, and saw him in his saloon
upon the night OF the shooting. He had
| sold him liquor and he crank about fifteen
or twenty drinks of whisky.
Lille Lightheiser was the second wit
ness for the defendant. She said she saw
Obernesser on the night of the shooting
and drank with him. She drank black
berry and he drank whisky. She said he
was pretty full. On Hcross-examination
she said he did not seem to know what he
was about more than half the time.
DIR. j. II. Hudson was the next witness.
His testimony was short and had little
bearing on the case.
James Simpson, Thomas j. Roach,
Amos Il. Leslie, Abram II. Bear, David
Bollinger and Jesse Feaser, citizens of
near Robertsville, all testified that they
knew of John Ellis and that he was n liar
| They said they would not believe him
uuder oath.
Bert Stunp was nj xt upon the stand.
| He had seen Scott Smith after he was
| shot but had no new focts to relate.
Jonas Henry testified to having ex-
| amincd John Ellis while he was lying at
| the Bt. Wayne depot after he had been
shot. Witness said that while Els was
lyiug there he said my partner il over
there In that saloon, shot Dead" Witness
also declared that Ellis said: "He got the
drop on me-" With the testimony of
Henry, the defense rested and the state
commenced the examination of witnesses
| IN rebuttal.
Stella Wilson and Fred Seller were
called and testified that the time OF the
| shooting Smith had his coat on. This
completed the evidence in the case and
at IL :35 o'clock Judge Taylor called for
| the argument Of the counsel.
Prosecutor Bow on behalf of the state
| opened with a statement to the court in
| which he cited authorities upon the feat.
ures of malice, motive and premeditation
| as applied 20 the matter of the commission
| OF murder and asked the court 10 instruc
the jury upon these points. At noon ht
was ready to begin his appeal to the Jury
but court was adjourned for dinner unit
1 80 o'clock.
| SOUTHERN DETECTIVE IN COURT.
During the progress of the trial thil
morning Mr.. T. j. Coyne, chief of the
detective force of Newport, Kentucky
came into the court room
MIR. Coyne has known Obernesse
for over ten years and has arrested hin
for various offenses several times. He
was subpoened by the State to tell il
necessary what he knew OF tho character
OF the defendant. When he came int
the court room he went up to Prosecute
Bow, Sheriff Krider and other gentlemen
engaged in the case and shook hands ant
then turned and held out his right hand t
! Obsrn esser. Obernesser maintained tha
same stolid Indifference that has marke {
his conduct during the whole trial, anC
refused to shake the proffered hand o.
notice the chi, ( of detectives in any man
ner.
The GOODNESS Of the defendant in cour
while he ia being tried for his life is some
thing remarkable. He sits at good dis
tauce from his counsel and quetI.
munches the end of a tooth pick with al
much upconcern apparently as IL he wer,
merely visitor attending the proceeding
simply to kill time.
As we go TO press Prosecutor Bow ha
concluded an able argument and Mr.. Ric
is addressing the jury in the defendant
behalf.