The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1897-03-25
CLEMENCY
RECOMMENDED IN THE Essen
HAUER PERJURY CASE.
The Jury Came Close TO a Disagree
ment-Much sympathy For the
Defendant aud His Family
An Honest working Man.


Defendant aud His Family
An Honest working Man.
The case of Ohio VS.. Eisenhauer is on
trial today before Judge Taylor and a
jury. Eissnhauer was indicted for per
jury. Prosecuting Attorney Pomerene is
conducting the states case, with Attor-
neys c. T. Meyer and Ralph Amber for
the defense Several important witnesses
we're on the stand, including johnson,
the man in whose saloon was the trouble
which has resulted In this kind Of case
against Eisenhauer. Prosecuting
Attorney Bow was also witness and
his experience is such as to make him a
good one
"Are you acquainted with the saloon
of Mr. johnson and its surroundings"
asked Prost cutor Pomerene Of exPros-
ecutor Bow shortly after he took the
stand
"well, can't say that 1 am, particu
larly. I haven't been campaigning for
some time" replied the witness
This case will probably consume the
whole day and part Of tomorrow.
Winfield Prince tss brought suit to
recover $3.50 from Edith Prince for board.
John c. Mong and John c. Given are
plaintiffs. attorneys. The parties to the
suit are brother and sister.
The jury in the case Of Ohio VS.. John
f. Eisenhauer returned verdict of
guilty Of perjury as indicted by the grand
jury, at 9:55 Saturday morning in court
room No. 2, before Judge McCarty. The
testimony. in the case YVES concluded at
11:l5 Friday and argument commenced
at once, continuing until about O'Clock
when Judge TaJ lor made bis charge to
the jury and it retired. The first ballot
resulted in vote of sven to five for con-
victiGn. A later vote at about supper
time resulted in ti1, and this was the
condition Of affairs this morning after an
all night SESSION. Word was sent down
this morning that the jury could not
agree. Judge MoCaity requested that
they return to their deliberations for a
while longer, and as the general expScta-
tion Of those concerned was that the yer
dict would be acquitted If not disagree
met, there was surprise in the final
outcome. The hoIes Of the defendant
had been raised also, and when he heard
the verdict, he broke down and cried.
With the verdict the jury recommended
clemeDcy. A motion was Immediately
made for new trial and the judge was
asked to fix bond Judge Taylor, before
whGm the case was tried, Ieft for his
home last night, and Judge McCarty
did not feel justified in &C ing in the case,
and Eisenhauer was sent to the county
Jail tu await Judge Taylor's action Mon
day morning.
Eisenhauer has the sympathy of host
of friends. He has been found techni-
cally guilty of perjury, but he is evil
IDENTIFY a victim Of unfortunate circum
stances, coupled with ignorance Of the
law as the bistory of the case goes. 1t
is believed he was persuaded to swear to
certain things which he afterwards re.
Rretted and then tried to tight things.
Ei:enbauer, has been in the employ of
the G. G. 81 S. railroad in Canton, has an
interesting family residing at No. 1905
East Ninth street, and has always been
steady workman and good husband and
father. IL developed during the trial
that the very morning on which ne
stepped into Johnson's saloon, procured
a couple of cigars, and then got mixed
in the Sunday saloon opening case, he
was on his way to church. The offense
Of which Eisenhauer has been found
guilty is punishable by imprisonme Mt in
the penitentiary for not more than ten
nor less than three years.
Peter Swallen stands indicted for the
Same offense.
The case of ]: cob f. Hess VS.. the G. NJ.
K. Railway Co., on trial in court room
No. l. was unfinished at the hour of ad-
journment yesterday, and was continued
until Monday morning at $3.50, when it
will resume.
A motion for a new tIial has boen filed
n the case of Frank Daffener vs. The c.
c. & S. railroad for damages.
The case of Frank Daffner vs. John
W. Wardwell, receiver for the G. e. & S.
Railway Company, was submitted to the
jury at 10 80 Thursday morning Dsffner
sues for S25, 900 for the loss of an arm
The jury in this case returned a ver-
dict at 2 80 O'Clock. 1t awards Daffner
81, 900 damages, one Of the largest YER
diets ever given in the Common Pleas
court Of Stark county.
In room No. 2, before Judge Tay lor,
Wednesday afternoon, Foster & Babcook
VS.. John Bush, was the title of trial of
short duration. The action was brought
to rec )ver 500 alleged due on note.
The jury was ont ten minutes and re-
turned a verdict for the amount for
plsintiif.
Tne jury came in yesterday with YER
dict of not guilty in the Barnes case
This was evidently a pleasant surprise
to the prisoner at the bar, and after he
had been dismissed he thanked the jury
for their consideration. John M Myers
represented the defendant, who had been
indicted by tie last grand jury and
Prnsecntinp Attorney Pomerene ranra-