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

menus maze Dy FUNK on bno stanu. lJe-
MED conversation stated by Funk to have
taken place between himself and Funk.
Stacy did not tell men to get out as quick
as lightning. Did not state to Stacy that
he would not have to put him under ar
rest Funk gave fictitious name, but
the note on which Me name was placed
was lost. On oross-examination, was
asked by Judge Baldwin, II the other
men gave names. Said no, but they
showed him union cards, but did not
notice names, handing them back. He
took Funk's name because he (Funk)
claimed to know Riley but Funk gave
fictitious name. Mr.. Wier said he knew
the name was not Funk, but could not
tell what 1t was. Did not tell the men to
get away as "quick as lightning" nor
did Staoy-in his hearing.
John Stillwell was next called, Lived
in Alliance and was maohinist For.
merly mayor of Alliance. Stacy was
marshal during his term, and had known
him for twenty years. Reputation of
Stacy was good.
James Barnes, of Canton, was called
Said he was Canton policeman. Lived
in this city six years. Said he was famil-
lar with q 3S-calibre revolver. Had exper.
ience with firearms and revolvers; more
familiar with 32 2.calibre than 3S-calibre.
The question as to whether a man 10
yards off could be hit IL aimed at with a
3S.oalibre Smith g. Wesson revolver, was
objected to by the prosecution because the
witness was not an expert in the use of
a revolver Counsel for defense stated
that they wished to prove that this was
chance shot, and that It was not likely
that man could be hit at such distance
unless by accident. He wanted to prove
that Riley was not purposely fired at.
The court then adjourned until
O'Clock.
At O'Clock, when court convened,
Officer Barnes again took the witness
stand. After fur ther argument Of the
objection It was sustained by Judge Nc
Carty. A few more questions were asked
and Mr. Barnes was excused.
Ex-Officer Harding, of Canton, was next
called When asked as to his business,
said he was out of a job just at present.
Had used 3s-oalibre revolver; had been
at the scene OF the accident and had shot
at target $50 feet from the railroad
He tried to hit the target, but when asked
If he succeeded, the question was object
ed to and sustained by the judge, who said
he did not just now think that such testi-
mony was competent. He said he
might change his decision before the case
progressed much further.
j. H. Webber section boss of the Penn
sylvania lines between mile posts 81 and
100, between Canton and Louisville, was
next called. Had been employed as such
three years, and remembered the shooting
affray. Was near Stark siding at time Of
shooting, but did not see shooting At
tention was called when he stepped around
from behind the train, and then saw
Stacy going toward an object in the field.
Talked to Stacy when he came back,
immediately after the shooting, and then
as train No. was coming, Stacy got on
to come to Canton, witness going to the
injured man and bathing his head in
water. Witness asked Riley if he wanted
anything, and Riley said, Nothing but
doctor" On ross-examipation, witness
said he was familiar with surroundings,
and found the injured man about twenty
feet from the stump where he was shot.
He was assisted in moving the man to a
higher elevation by man named Kellar.
George Kellar of Louisville, section
hand in the Pennsylvanias employ, stat
ed that he saw Riley at Stark siding
shortly after the shooting, and assisted in
making him comfortable.
Officer Stacy then took the stand and
was subjected to careful and rigid ex,
animation. In answer to questions by the
attorneys, he told the jury that he was
born aud raised in Mahoning county and
lived in Alliance fifteen years, and had
served as polioem an and marshal. After
having spent five years in the South, he
returned to Alliance and after serving as
marshal, was employed as railroad officer,
being commissioned by the governor OF
Ohio He went to Stark siding on the
fateful day in company with Officer Wier
at the orders of W. B. Hubbard, to arrest
: tramps on the company's train. About
10 ;20 in the morning, first section of a
freight train came along, and Officer
Wier arrested two tramps. On the second
section was Riley and his companion,
Funk. He walked up to them and asked
them to come off the car. Riley jumped
off on the opposite side of the train and
Funk stayed where he was. Stacy got
: up on the car, and calling to Riley tc
stop, then fired his revolver into the
ground. Riley continued running and
Stacy fired again. Just then, Riley
turned to the right and stumbled. Stacy
said he did not shoot to kill, and thought
he shot far enough away to avoid hitting
Riley. He used 3S-calibre revolver, AMI
1t was produced In evidence He had
owned 1t about month, and was not al
expert He went to where Riley wai
lying and found that he had been hit.
Placing the mans head upJn dry
ground, he went back to- Wier and told
him ha had accideatally HIT the man Az