The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1897-12-23
LIFE OR DEATH.
A JURY WILL DECIDE WHICH 1T
SHALL BIZ,
The court aud Attorneys Now BusiIy
Engaged In Securing the Twelve
Men TO ID cree the Fate of
william DePeyster.

Men 20 ID cree the Fate of
William DePeyster.
In common pleas court, before Judge
Taylor Monday morning, began the in
quiry into the death of Mollie DePeyster,
known in a certain more or less question
able locality as Mollie Doyle. The in
quiry Is aslo case of life or death for
William DePeyster, who is accused of the
murder of his wife. The circumstances
leading to this law suit are yet somewhat
fresh in the public mind, but sufficient
length Of time has elapsed to somewhat
cloud the details.
The body of Mollie DePeyster, charred
and mutilated beyond description, was
found, Sunday morning, October TO- 1897,
In the yard in the rear Of the DePeyster
home, 422 Southh Gerry street. The flesh
and shred Of dress were still. .smolder-
ing, and the sight was an awful one. Her
clothing had, in some manner caught fire,
and she ran into the yard fell beside the
fence, and burned to death. The dead
woman lay there, a darkened, blistered
mass Of human flesh. The right hand
supported the burned, bruised head, while
the other grasped the quivering flesh
over her heart. The limbs were drawn
up in horrible oontortions and the face
WAS burned beyond recognition. Every
stitch of clothing was burned from her
body except her stockings.
Officers were sumomned and searched
the house. In the kitchen they found q
broken lamp. Pieces of glass +, were
strewn about the floor. The burner of
the lamp and the wick were not found.
There were great blotches of oil over the
floor, and quantity was found on the
side of the doorway, through which the
burning woman made her way into the
yard. In corner an oil can with the
screw W cap removed was found.
1t was said that DePeyster and his wife
had been quarreling all night, and that,
with other circumstances, was made the
basis for his arrest. The coroner and
Prosecutor Pomerene made investiga-
tions and the police were untirlng In their
efforts to get at the facts. DePeyster
was held in the county jail until Tues
day, October 12, when preliminary hear
ing was had before acting mayor j. II.
Robertson. Attorney G.. G. Upham ap-
for AL Nn taG in
defense was offered and defendant was
bound over to court. Judge McCarty
called a special grand jury and 1t conven-
ed October IS. After hearing several
cases and going exhaustively into the De-
Peyster case, an Indictment was returned
October 25, charging William DePeyster
with murder in the first degree. De-
Peyster was arraigned shortly thereafter,
pleaded not guilty, and Judge Taylor as
signed Attorneys G. G. Upham and A.
NJ. McCarty to defend him. They inter
posed two or three motions which Judge
McCarty ovorruled, one of the motions
being for continuance. On November
30 the continuance motion came up for
hearing before Judge McCarty and was
overruled. Messrs. Upham and Nc
Carty, claiming they could not well go
on with the case with such brief prepara-
ton, voluntarily withdrew, after lively
scene in the court room. Judge Nc
Carty at once assigned Attorneys John
G. Welty and r. S. Shields to defend De-
Peyster. The case at this time had been
set for December 8, but was postponed
until Monday, December 20, to give the
newly appointed attorneys opportunity
to prepare their defense.
WAITING FOR THE PANEL.
There was no space available for late
comers when the trial opened in court
room No. 2, before Judge Taylor.
Prosecutor Pomerene sat alone at the
table reserved for the state, and DePeys.
ter and his attorneys, Messrs. Shields and
Welty, occupied places at the defense
table. DePeysters confinement has re-
lieved his complexion of that 1orid hue
that betokens odd hours and not always
wholesome liquids, and he appeared
really a handsome man. He was clean.
ly shaven, wore neatly laundered linen
and black necktie. His suit of black
clothing is neat fitting and looks as II il
had good care. His appearance was not
unfavorable for his side of the case when
the trial opened. The defense said they
were ready for trial, and Bailiff Henry
Holman called the list of thirty seven
jurors from which it was hoped to secure
a jury of twelve men to well and truly
try the defendant, Several of those
drawn did not respond, but as they were
mostly from the east end of the county
opportunity was given them to get in on
the morning train, the court waiting fol-
them. 1t was necessary to have the full
complement of thirty-six before proceed
ing. George G. Witzeman, j. b. Olyel
and j. W. Rayl were absent, the othel
thirty -four being present. The reason
the odd juror was drawn was because on,
man who was originally drawn was dead
and two men were subsequently drawn II
his place, the two being S. A. Conrad, o
Massillon, and William Fravel, of Cam
ton. This was the situation at 9:4
o'clock, and a further delay was had. A
1910 Mr.. Witzeman arrived, leaving tn