The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1896-06-11

Prosecutor Bow resumed his argument
at $3.50. Continuing in his argument,
commenced Tuesday, he said:
"The theory of the defense was that II
was an accident. The theory of the plain
tiff, while 1t conceded the shooting acci-
dental, held that the revolver was dead
'ly weapon, loaded, and Stacy shot toward
the man and in a most careless and reck-
less manner, and killed him, which con-
stituted manslaughter.
He cited various cases where accident
had been alleged, but where man
slaughter, nevertheless, had been found.
"was it not carelessness and negligence
in Stacy to shoot at man only six feet
to the right when the man was running
and staggering from side to side, as he
says was the casep" AS to Mr. Stacys
character the prosecution had not ques-
toned ;but when he began to make ar
rests, as in this occasion, he took too much
liberty in using his weapon "I care not
what theory is advanced. the revolver was
pointed toward Riley and he was shot
and killed. Stacy has been indicted by the
grand jury, and the responsibility Of the
case now rests with the jury" said the
prosecutor, in his closing remarks to the
jury.
Attorney Pomerene then commenced
his argument in behalf of the defense.
Said hA. hn ~.
to be no question but that Riley was vio-
lating the statute when he was riding and
trespassing on property of the Pennsyl-
vania railroad, nor that an officer had a
right to arrest such violator of the law"
He called the attention OF the court to
the statute, which says, in substance,
that weapon may be used in selt.defense
or by an officer in performance Of his Off
cial duty. A private citizen has no right
to point revolver CT fire IL, but an officer
comes within different provision of
the statute when in discharge Of official
duty, and he Is not violating the law
when he points or fires revolver. Turn
ing TO the jury, Attorney Pomerene re-
viewed the facts ofthe case from the stand
point of the defense, claiming that 1t
was an accident He cited the testimony
of Funk, as oomparedwith that of other
witnesses, placing some stress upon
Funk's remarks as 60 Staoy's alleged bad
language, and the general demeapor of
Stacy and the genteel language he appar
emily uses at all times. He questioned
the testimony of Funk as unreliable, and
that 1t was not verified by other witnesses.
Even the elements were against
Stacy. II do not see how any other posi-
tion can be taken by the jury than that 1t
was purely accidental, nor how any &c.
countability can be attached to Mr. Stacy.
Let us put ourselves In Stacy's place,
with such man as Funk, the only
eliminating witness who has uttered a
syllable against us, as against the testi.
mony of such men as Stacy, wier, Nixon
and Webber in Stacy's favor. Can you
say that Stacy is guilty beyond question
of doubt" Said Mr.. Pomerene: "Now
gentlemen, can you, as jurors, say that
this man Stacy, with his character, shall
fill felon's cellP I do not believe it."
At these closing remarks to the jury
Mrs. Stacy and her two daughters, who
occupied seats within the bar, were moved
to tears at the terrible anticipation of @
broken family circle under such unfor
tunate circumstances.
Judge Day, for defense, followed
Mr.. Pomerene, citing the duty of al
officer such as Mr.. Stacy. He gave the
requirements necessary referring to gOot
character before such an appointment
shall be made by the governor of Ohio
Said Judge Day: "It is not unlawful
for an officer to carry a revolver; not un
lawful for him to produce revolver II
pursuance of his duties; not unlawful fo
him to fire revolver In his efforts Il
make an arrest and bring a man TO jus
tioe." He did not maintain that an Off
Ger could shoot an escaping man, but h,
did maintain that he could shoot to in
timidate. After citing few cases which
he asked the judge to mention in hi
charge to the jury he addressed tn,
balance Of his remarks to the gentlemen
of the jury, stating that Stacy was limo
cent of an offense such as charged by tn,
state. He said there was to be no doub
in the jury's mind as to the defendant
guilt; that the state must prove conclu
sively that the defendant was guilty a
charged, In the course of the remarks, q
this time, and referring to Judge Bald
win, Judge Day said: 81 confess NOR
fear of the eloquenoe of the learned gentle
man (Baldwin) to follow me, than d
for the facts Of the testimony that he will
present." Referring to the testimon.
Of Funk, Judge Day said, 81 do not be
lieve his statements" He spoke of tn
custom of asking witnesses their ocoupa
tion, etc., to ascertain their character
Said he, "What Is Funk's characterY H
cleaned spittoons and washed glasses in
Baltimore saloon; went to St. Louis an,
followed the same profession, and late
graduated to the grand army Of hoboe
and tramps. Is his story to be acoredite
for reliability" The counsel, in closing
asked the jury to consider the unrelia
bility of the testimony furnished b.
Funk, as compared to that of reputabl
witnesses. He had known Stacy for years