The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1897-11-18
CHANGE OF Venue.
ATTORNEYS FOR DE PEYSTER
MAKE INTIMATION
That They Msy Ask That the Case be
Sent to Another County for Trial
Myers Case Argued on
Motion.

When common pleas court opened Mon
day morning Judge McCarty passed
upon the notion previously argued, to
quash the Indictment for murder in the
case of Ohio VS.. William DePeyster. The
grounds for the motion were alleged in
sufllciency of the indictment in not partic-
ularizing as to the kind of oil used where
by Mollie DePeyster was set on fire and
burned to death, the kind of lamp, and
other details. The court overruled the
motion. Attorneys Upham and McCarty
for defendant noted exceptions and de-
clare their intention to file demurrer
upon the same grounds.
At the order of the court, Sheriff Doll
brought DePeyster in for arraignment.
County Clerk Casselman read the indict-
ment while DePeyster stood up.
"To the Indictment" said Judge Nc
Carly, "what do you say, guilty or not
guilty?"
"Not guilty" replied DePeyster in a
firm voice.
"And to each count, what do you say?"
inquired the Judge.
"Not guilty," responded DePeyster.
Prosecuting Attorney Pomerene then
moved that the case be assigned for trial
at the earliest possible time. He quoted
the statutes which require that n special
jury be drawn fifteen days previous to
the day on which the case is assigned.
Judge McCarty then set the trial for Mon
day, December 8, just three weeks from
today.
ave shall ask the court for a con.
tinuance, said Attorney Upham, address,
ing the court, ''as we cannot prepare for
trial on so short notice"
"Well, 1 want to say to the attorneys
for the defense that this court will not
permit of a continuance in this case un-
less the motion for such continuance sets
forth the best of causes why it should be
granted"
"If the court please" began Mr.. Up
ham, but he was interrupted by the court
with the remark that he was mot ready
to hear the motion at this time"
Il was just going to say" persisted
Attorney Upham, THAT continuances
have been had from time to time in other
cases, the Dangeleisen, the Getz case and
others / might name
"That does not bear upon this case, sir.
Courts are disposed to be too slow in
such cases as the one at bar, and propose
to have no unnecessary delays in the case.
You will, therefore, be ready for trial
December g."
Attorneys Upham and McCarty turned
around from the court and made a few
remarks to counsel within hearing, that
they proposed, if it We're found neces-
timating that the court might be pre-
judiced. The remarks were not made,
however, in the hearing of Judge Nc
Carty, and whether such a motion will be
interposed is only a matter for con lecture.
The attorneys urged as grounds for con-
tinuance that newspaper publications had
influenced the public mind and they de-
sired to wait until the details were for
gotten. Prosecutor Pomerene said that
he could not see how that had anything to
do with the case. 81 am not the Weyler
of Canton" said he, "to exercise a
censorship over the press.
THE MYERS CASE.
In the case of Ohio vs. John N. Myers
for embezzlement and larceny a motion
was argued today to have the states at
torney set out the particular items in the
embezzlements alleged. Virgil p. Kline
and Welty 81 Albaugh represented the
defendant.
JURY ORDERED.
In the case Of John G. Clapper ct al. VS..
The Commissioners of Stark and Wayne
counties, to open n drain ditch, the mo-
tion to dismiss was overruled in probate
court. A jury has been ordered drawn
and they will report for hearing of the
case next Monday morning at o'clock.
WON A BIG SUIT.
The Wrought Iron Bridge Company, of
Canton, won suit for s15, ,O23.22 against
James B. Glow & Son, of Newcomerston,
Saturday. The action was brought to re-
cover the sum named for iorn furnished
the defendants, upon which payment was
refused by reason of an alleged failure to
deliver same as agreed. Attorney @. c.
Bow represented the plaintiff.
DAMAGES ASKED.
Beulah b. Hartman has sued B. Dan
nemiller g. Co. for SO, 500 alleged dam
ages by reason of defendant serving a
writ of attachment upon plaintiffs S goods.
1t is alleged that the attachment was
served wrongfully. j. L. Smith filed the
petition.
NEW CASES.
Some time ago Mary Ann West COM
menced a suit for 80, 900 damages against
the City of Canton for alleged permanent
injuries sustained by falling ON defec-
tive plank walk on the west side, of South
Market street. The case was withdrawn
today and a new one filed in which the
sum asked for is $40, 150 it being contended