The Hocking sentinel. [volume] (Logan, Ohio) 1871-1906, 1894-10-04
The Sax Case.

A very interesting criminal case
was tried last week before our Court.
1t was case coming out OF the recent
railroad strike.
During the time the strike was at
its hight the Railroad Company EN-
ployed new yard crew to do the
work in and about the Logan yards.
Although everything was quiet and
orderly there is no doubt that the old
men were not kindly disposed to-
ward the new. and new employees
were suspicious and seary.
On July 13, the new men were
doing some work at or near the
Hayden brick works, during which
time some of the old employees and
others assembled near by.
Among the new employees was
one Harry Sax, who, Immediately
after the work was finished and as the
train was moving away, and while
standing Oh the moving train, fired
single shot from a pistol, as 1t Is
alledged, at the crowd.
On the same day an affidavit was
sworn out before Esq. McBroom. and
Sax was arrested and brought before
the Justice and being asked to plead
to the charge, said charge being in
the words following, viz: Zone Harry
Sax with certain pistol, then and
there loaded with gunpowder and one
leaden ball which he Sax in his right
band then and there held one I. L.
Johnston did unlawfully, mahciously,
purposely shoot at with intent to
wound.
To this charge Sax pleaded guilty
and in default Of bail was sent to Jail
and was subsequently released on
bail.
At this September term, Sax was
indicted in two counts the first for
shooting at Johnston with intent to
kill, and the second count charging
him with shooting at said Johnston
with intent to wound. In both counts
the Indictment charged that the pistol
was loaded with gunpowder and ONE
LEADEN BULLET.
Cn the trial of the case, the pros
ecution adduced testimony tending to
prove that Sax fired the pistol as al
lodged, but failed to adduce any
testimony tending to prove that the
pistol fired was loaded with leaden
bali, except the confession of guilt
made before the justice which was
proved and the state rested.
Thereupon DIR. Burhaus, of Counsel
for the defuse interposed a demurrer
to the evidence which demurrer was
argued at length.
The deiendents counsel citing the
text books generally, the ~ o. S. II.
23O. S. r and Sd Gin. Cir. CT. Re-
port. There were no citations by the
prosecution, and the Court after full
and thorough investigation Of ali the
authorities cited and the law gener
ally decided that the law is that the
body of the crime, cannot be proved
alone by the confession of the accused
but must be corroberated by other
testimony.
By force of the above cited de-
cisions of the Supreme Court, which
must be taken as the law, there was
no other course left than for the court
to order the jury to return q verdict of
not guilty and order the discharge of
the pr soner, which was done.
Another case which grew out of
the excitement, incident to the Z. r.
Strike was that in which four parties
named Pannybaker, Linton, Charles
Barnecut and George Henry were
jointly indicted for an assault on one
John estenhaver.
Two of the accused viz Barn ecut
and Henry. the only two found, were
placed on trial on Wednesday.
TheD facts disclosed by the testi
mony are briefly as follows.
Westenhaver was an anti-striker
and the four parties named in the in
dictment were strikers.
On the night of Aug. IA Westen-
haver reported at the depot, for work,
for next day, at about 8 p. m. as he
came away from the depot, he claims
he was followed by the four accused
parties from Ed Prices saloon to the
corner of Main and Walnut SITS.
! Of the four parties accused he
knew only the two on trial, and saw
Barnecut only near Prices but saw
and recognized Geo. Henry when near
the Rempel House, two squares fro m
point of attack, but not after.
! When crossing Walnut Street going