The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1896-06-11
SHOT TO KILL
ACCORDING TO THE PARTNER
OF JAMES RILEY.
officer wier, However, Asserts That
Riiey's Partner Told of Conversa'
tious and Actions That Didn't
Occur-The Case Against Stacy

hC 1hoN ~ sk"sho' DNs.~S
The case of Ohio vs. Thomas NJ. Stacy,
charged with manslaughter, was COM
nenced In common pleas court room No.
1, before Judge McCarty, Monday morn
ing. The forenoon was spent in impanel
ing jury, the venire being exhausted
after eleven jurors had been selected. A
special venire of four men was chosen
and ELI Miller was placed in the box as
the twelfth juror. Mr.. Miller was object
ed to by the defense because 1t was
thought he might be q little prejudioed
against Mr.. Pomerene, one of the counsel
for defendant, owing to a controversy
between the two over the result Of for
mer case at law. After an argument be-
tween Judge Day for the defense and
Judge Baldwin for the plaitiff, Mr..
Miller was excused by Judge McCarty.
Mr.. Dan Blum was next called, but
was excuesd because Of the illness Of his
wife. The others on the venire were not
to be found, and four more were chosen.
The attorneys in the case are Prose-
cutor Bow and Judge Baldwin for the
State, and Atlee Pomerene and Judge
Day for the defense.
1t will be rememb bered that Officer
Stacy, in endeavoring to arrest train
jumper at Stark Siding April 13, 1885,
shot and killed the man, whose name was
James Riley. 1t was claimed to have
been entirely accidental, the officer hav-
ing stated that he shot to the right Of the
escaping man, merely to frighten him.
Stacy was indicted for manslaughter, by
the grand jury at the May term Of 1895.
The penalty for the offense with which
Officer Stacy is charged Is not less than
one nor more than twenty years i'm
prisonment in the penitentiary.
At gals o'clock the jury had been Sc
cured, as follows:
Lafayette Swigert, Samuel Ruffner, A.
]. Rohn, John B. Deweese, G. NJ welty,
f. G. Benskin, Phillip Vending, Byron
Bowman, F. ], Wagner, G. A. Rex, Fred
H. Snyder, W. B. Shanafelt.
Prosecutor Bow then proceeded with
the statement Of tho case.
Atlee Pomerene, one of the counsel for
the defense, stated the facts as they had
been presented to him and said the defense
would be accidental homicide. He said
the defense expected to prove that Riley
shot, and that it would have been impos-
sible to hit man that distance away with
a revolver. Witnesses for the State were
then sworn. The first called was Officer
Wier, who was with Stacy at the time OF
the accident. He stated he was an officer
for the Pennsylvania company and also
gave the facts as they have been stated in
these columns.
W. e. Keyes, of Crestline, flagman,
on the freight train, was the next wistness
called. His testimony was as follows
Was on freight train at Stark Siding
ON April 13, '95. Saw Stacy at siding.
Have known him for four or five years.
Saw a man who was supposed to have
been shot, lying in field. Was sitting in
cupola of caboose when heard shot.
Heard section man say Stacy shot @
man. Went to rear end of caboose Saw g
man lying in field on his back. Only
heard one shot. When train started Stacy
came along. asked him where he shot
the man. He said In the back Of the head
1 asked him II the man would die. He
said he didn't know and that he was com
ing to Canton to get the patrol. Or
crosse zamination, witness said his atten
tion was first attracted by hearing shot
Only heard one shot. Was very windy
and had been all morning. Had rainet
the night before and the ground wal
account of wind.
Frank e. Nixon, also Of Crestline, an
a brakeman on the train, was next called
Hs testified as follows: Have been in thu
employ os the company for seven or elght
years. Was on top of train at the siding.
Saw Stacy alongside of the track. About
ten minutes later again saw Stacy. HI
was walking across the field. Saw him
turn man yer and then he came back
Heard two shots before Stacy went over
to the man. 1t was about one minute be
tween shots. Heard no call before thu
shots were fired. Saw Stacy when HI
came back. He said he had hit the man
Saw man running at the time of thu
second shot Saw him stumble and fal
about the same time heard the secont
shot. On GROSS examination but little
was elected except what had been gon'
over In direct examination.
Henry Funk was the next witness
called and he proved a very interesting
one. Funk Is German, and came Il
this country in 1889. He was one Of tn
tourists with Riley at the time of tn
shooting His testimony was as follows
/ met Riley in Chicago two or three day
before we left Left Chicago with Rile!
and went to Fort Wayne. From there WI
came to Crestline, then to Mansfield, ant
next to Canton. Came to the siding IL
an open car. Riley and / were to0ethe
on the same car. Stacy came along-sid
of tho car was going to jump OIL, ant
Stacy pulled a revolver and told me no
TO Jump. Stacy called to Riley to stop
Riley kept on running. Stacy ther
grasped my arm and said: "Look at tn
faiIc,v run and then he fred hi