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

toward Riley ana dld not call 10 MIN 10
stop. Stacy told us to get out as quick
as lightning.
Judge MoCarty, at this juncture ad-
journed court
Up to the time of adjournment, Funk
had demonstrated that he was good wit
ness. He could not be ratified by Judge
Day.
At 6 40 Tuesday morning, Mr.. Funk
was again called to the witness stand.
Judge Day continued by asking where
witness was going. He said: "I was
going to Buffalo, for work" Was in
Canton during the session Of grand jury,
to testify. Had since been working in a
nursery in Geneva; job secured by Riley's
father. Had kept in communication with
the Rileys ever since.
DIR. S. b. Post was called, and interro-
gated by Judge Baldwin. He held the
position Of Pennsylvania surgeon, locally,
at the time Mr.. Riley was shot. He was
called to examine Riley, and went out on
special engine and found the man lying
in the field, about 800 feet from the rail
road. The man was not conscious, but
was still living. The ball had gone in
straight direction. The man was brought
to DR.. Posts office, where treatment was
given him. Then DIR, Post turned him
over to the county officials and he was
taken to the in6rmary hospital, where
he lived for an hour. The death was the
result of the gunshot wound. On cross.
examination, nothing new was elected.
Coroner McQuate was next called. In
reply to questions asked by Prosecutor
Bow, he said: First saw Riley at in
Urinary after death, In hospital depart
ment. Held post mortem, assisted by
Drs. Smith and Evans. Then shipped 1t
home to Geneva, N. Y. There was no
cross examination.
william Riley, brother of deceased,
was called. Lived in Buffalo, N. Y. Was
at depot in Geneva when remains arrived
Casket opened at depot, and he recognized
them as his brother, aged 81 years. There
| was no cross examination.
| At this time, 9:15, the jury was allowed
to go to Stark siding to view the scene Of
the shooting. The jury, accompanied by
Deputy Sheriff Stone Freight Agent
Harry French and a News Democrat re-
porter, boarded the shifting engine and a
lat-car and was soon at the siding The
ground was water covered and sewed to
corn, at present, but at the time of the
shooting was freshly plowed. The jurors
viewed the gorunds, and located the points
in question, by the aid of a chart. Fifty
minutes were consumed in the trip.
Officer Stacy's wife and daughter occu
pied seats within the railing upon the
jury's return, and intently listened to the
testimony which was to decide whether or
not the husband and father was to be
separated from them as result Of the
law suit. Mrs. Stacy was dressed
in black and her countenance displayed
the worry which she was suffering.
DR.. A. V. Smith, one of the physicians
who held the post mortem, was the next
witness. He was questioned by Prose
cutor Bow. He had practiced medicine
sixteen years, He held post mortem the
18th Of April, 1895, the evening of the
young mans death. He opened the skull
in his examination, and found hole,
and ball at the base of the brain near
the left ear. Death was caused from a
bullet wound On cross-examination
nothing new was elicitod.
The prosecution then rested.
The witnesses for the defense were then
called and those present were sworn by
Clerk Coxen.
william Stallcup was the first witnss
Was merchant of Alliance for some
years. Knew Stacy. Staoy's reputation
was good. No cross-examination.
W. W. Cantine, lived in Alliance, sec,
retary and superintendent Mutual Life
Insurance Co. Lived in Alliance twenty
five years. Knew Stacy eight or nine
years. Stacy was marshal and policeman
Reputation Of Stacy was good.
Joseph W. Mcdonnell was called. Den
tist by profession, In Alliance City
clerk, recently elected. Knew Stacy ter
or twelve years. General reputation fol
peace aud quiet was good. No cross exam
ination.
Clerk o. M. Coxen was next called
Lived in Canton; was clerk Of courts and
once mayor of Alliance. Staoys reputa
tion was good. On oross-examination
said he had not lived in Alliance for six
years.
b. f. Weybrecht was the next witness
Lived in Alliance all his life; lumber
dealer for twenty years. Knew Stacy fol
twelve years past. Stacy's reputation was
good. No cross-examination.
Dr. j. V. Lewis said he lived in ALI
anoe praoticing physician in Alliance
twenty five years. Known Stacy foi
eighteen years. General reputation was
good.
James W. Hull said his business wal
telegraph manager Of the Western UnioI
for eighteen years Knew Mr.. Stacy fol
ten or twelve years as marshal and police
man. Witness was councilman during
part of the time, Stacy's reputation good
j. H. Sharer said he was in furnitur'
and undertaking business in Alliance
since the war. Known Stacy for thirty
years. Stacy's reputation was good