The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1897-12-02

term 1895, the January term 1896, and
the May term 1896, trial not being had
until June 1885, more than year after
the indictment.
OvERRULED.
Judge McCarty, in passing upon the
motion, said that It was true that the de-
fendant had rights, but the state also
had rights and he thought sufficient
length of time had elapsed to prepare
the defense. The crime with which de-
Tenant is charged is not bailable hence
1t cannot be made tenable ground for
continuance that he is in Jail and unable
to assist in gathering evidence. That
would be just as true five years from
now as it is now, for under this indict-
ment the defendant cannot be released on
bail. The court said that the law con-
templated speedy trial not an imme-
date or summary trial, but within such
time as counsel can reasonably ask to
prepare. He thought that time had
elapsed. He said the Stacy case had
probably been postponed by consent of all
the case at bar at any rate.
COUNSEL WITHDRAW.
Judge McCarty was about to overrule
the motion for continuance, and had
already stated that the trial might possi-
bly, be postponed two weeks longer, by
consent and as had been suggested, when
Attorney McCarty arose and said:
owe cannot safely go to trial at the
time the case is set We have not time
in which to prepare our defense and do
justice to our client. If this case is to
be hurried to trial in this way, so far
as am concerned am not prepared
to go on with the case. l cannot go to
trial and will not Here Mr.. McCarty
brought some papers down on the table
with n bang. II desire to withdraw
from the case, " he added as he sat down.
And, if the court please" said Attor-
ney Upham, rising, "I desire to with
draw from the case also
VERY well, very WE'LL" said Judge
McCarty, without the slightest perturba-
tion, and without hesitating a moment
added, II will appoint Mr.. Shields and
Mr.. Welty to defend the accused"
That settled the DePeyster case, so far
as Messrs. Upham and McCarty are con-
cerned. They had fought vigorously in
the preliminary stages, but are now COM
pletely out. The fee in the case is 800 to
each attorney, which others will now get.
Messrs. Shields and Welty were in the
court room, and Mr. Welty first rose, say
ing that he desired at all times to obey
the wishes Of the court, but that he was
not certain whether he could undertake
the trial of the case. 1t would be neces-
sary to arrange several matters that con-
flict, but he would consider and do the
best he could under the circumstances.
Mr.. Shields also arose and stated that
he did not know that he could arrange
other conflicting cases, but would do
whatever could be done in that direction.
He asked the court, as did Mr. Welty, for
a brief time in which to consider. He
stated that he did not want to antagonize |
the court in any way and would do his
duty in the premises.
A MILD ROAST.
Judge McCarty then turned his atten-
tion to the situation of the case. He re-
viewed the proceedings thus far and |
stated that Judge Taylor had appointed
Attorneys Upham and McCarty, and |
that motions had been heard. He said |
that now the attorneys mentioned "stub-
bornly say they will not try the case" at |
such time as he and Judge Taylor think
it ought to be tried. He asserted that
mo new duties had been imposed upon
them, and intimated little something
about bad taste.
JOUR NAL ENTRY.
a journal entry made in the case today
states that a motion for continuance of
the case until the January term of 1898
having been overruled, Attorneys A. NJ.
McCarty and c. c. Upham refuse to con-
iuct the case, and are excused by the
court. The date Of the beginning of the
case is changed from December 6 to De-
'ember 13, at 10 o'clock, and Attorneys
K. 5. Shields and John c. Welty are ap-
pointed to take charge of the case.
WILL ACCEPT.
Messrs. Shields and Welty have had a
conference during the day and it is
earned that they have definitely decided
% accept the case without demur, though
1t considerable sacrifice. They will
make for DePeyster the very best de-
ense that is possible.