The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1892-11-24


dead and poured shot into their loath-
some carcasses as they were resting on
the bosom of the Prince of He'll"
Mr. Erwin then proceeded to dissect
the testimony of the prosecution, and
did it in the same cold, caustic and eye
plaring style that characterized bis
whole address.
He concluded by introducing ghnstly
picture of Critchlow's death if the jury
convicted him, his weeping wife and
four small children and the inability Of
the Jury to rectify the error they would
make ii they found him guilty. In a
sepulchral voice, he concluded: "Gen.
tlemen, there is my client; leave him
with you. But you, but you / leave
with your Cod" and with look Of
terror that cast a7gloom over the jury
box, he sat down, and turned his head
away as If TO avoid witnessing q great
calamity, if the jury failed to see it in
his light. Mr.. Erwin was congratulate.
ed by his associates.
The trial was opened yesterday morn
ing by calling the defendant as wit
ness. In answer to questions he said
that on July 6, between 1880 and $3.50 a.
m. he did not fire % hrearm of any
kind, and was not on the company's
ground; the same answer was given for
the time between 1890 and 12 IN. and
1880 and 4 p. IN. He identified the
clothes he had worn, The common
wealth did not ross-examlne, anu, after
short consultation, the counsel for the
defense offered the clothes in evidence.
Mrs. Critchlow followed as a witness.
On July 6, she said, she came home at a
o'clock and found her husband sleeping.
The defense then rested and the com
monwealth began to introduce evidence
in rebuttal. Henry Miniath. hardware
dealer in Homestead, was called. He
was at his store from 10 a. IN. to 1890 p.
IN. on July G. he had no recollection OF
Critchlow leaving gun there. An at
tempt was made to have him answer a
question as to whether any one left a
gun at the store that day, but the de-
Tense objer ed and sustained. g. Q.
Fawcett was called but did not answer,
and the prosecution rested.
Psints of Defense.
After sClnc little delay the points for
the defense were submitted. They were
of the usual order in the main. Par.
ticular force was laid on the question of
intent and on the assertion that where
it is certain that one or more persons
committed Il crime but an uncertainty
as to which Of them is guilty, all OF
them must I've acquitted.
Mr.. Patterson argued in reply to these
points. He could not see that they par.
ticularly referred to this case. Tie
principal question here was one of an
alibi, and ne Gil not see where this was
touched upon. If the assemblage OF
people on the river bank ON July wa:
for the purpose of committing murder
it made no difference who pulled the
trigger, all were guilty. In closing he
said he had confined himself to the
points submitted and did not speak OF
the claims as to the law advanced by
the defense in the opening. He noticed
that none Of these claims were incor
porated in the points, and if they were
stated in the addresses he hoped the
court would take care Of them.
This morning at $50 o'clock Thoma;
M. Marshall will begin the closing ad
dress for tho defense. He. will be limit
ed to two hours. District Attorney
Clarence Brrleigh will follow him anC
will also speak two hours. Judge Ken
| pedy's charge will then be made and the
| jury is likely to get the case about p
| IN. Unless there be more doubt in the:l
minds than seems to be, verdict vii
he reached this evening some time, ant
| the court will likely make arrangement
to receive it, for Judge Kennedy doe
not want to keep the jury tied up any
longer than necessary.
All the jurors not engaged in th'
Critchlow case were discharged yester
day. District Attorney Burleigh sale
| this had no special Significance, as there
would be no more jury trials this weei
owing TO Thanksgiving day. He alsc
said the result of the Critchlow cas-
would have no effect upon the othe
| Homestead cases, as they would bl
taken up one at time and tried. Owe
800 cases have been tried during th
nresent term Of the criminal court.