The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1898-01-06

william DePeyster, clean shaven but I
wearing look more worried than at any
time since his trial began, was brought
into court at 10 o'clock Monday morning.
He had q notion during the trial, that
the jury might decide to believe his story |
in its entirety and accept his plea of self |
defense in toto, but that notion had been |
dispelled by the verdict Of manslaughter
and it's attendant probability of a high |
sentence. Mr.. Shields was not present,
but Mr.. welty looked after the interests
of the defense. He had given notice of
an intention to file a motion for new
trial, but that was merely matter OF
form and It was not generally Expected
that the motion would be filed. 1t is
well known that the state would not have
objected seriously to new trial, Prosecu-
tor Pomerene feeling confident of higher
verdict If the case came up again.
There was long season Of consultation
after the defendant was brought into
court. Whether to file the motion and
run the chances Of getting what was ask
ed for was laid bare to ,DePeyster. He
mig hit not fare so well next time. Mr..
welty consulted with him. forl half an
hour, and then there was a consultation
with Prosecutor Pom irene. Judge Tay-
lor had said that he would not pass sem
tence until the motion for a new trial had
been filed or the defendant had waived
his right to file 1t. This brought the
matter to an issue. Mr.. II. G. Nighman,
representing the family, from which De-
Peyster had become somewhat estranged
owing to his bad conduct, was taken in
to consultation with Mr.. Welty and the
defendant, and the matter was thorough
ly discussed. Judge Baldwin, represent
ing Mr.. Shields, who is still suffering
from the accident which befell him, was
also called into consultation
At IL o'clock it was practically decided
that the right to file the motion should
be waived and that defendant would
contend no further but accept such SEN
tence as the court might have inastore for
him.
"Are you satishedP" Mr.. Welty was
heard to ask DePeyster.
The defendant nodded.
"It must be from your own free will
and be entirely voluntary"
"Iam satisfied" said DePeyster.
Mr.. welty addressed the court and
stated that the motion for new trial
would not bs filed.
Prosecutor Pomerene then moved for
sentence. He said he had no recon-
me ndation to make except to leave the
whole question to the courts Judgment
Mr. Welty then addressed the court and
eloquently pleaded for his client. He
said that tbs defendant had hai fan
trial, that no fairer judge ever weighed IN
the balance the various elements in any
casa more justly than did the court II
this case. He spoke of William D3Pey
st RS previous good character up to th'
time he met Mollie Doyle.
"In finding this man guilty of man
slaughter, said Mr. Welty, ,'the jury
must have believed that what he did, h'
did with the absence of premeditation
deliberation, purpose or malice. lt wa'
but the fruits of midnight debauch-i
drunken brawl This defendant wa
once q man of upright character, born
poor but honest parents, and was in earl!
years deprived of the counsel and advice
of father, his guidance being only th'
prayers of his mother. He battled TO
years successfully until he met the un
fortunate woman for the taking of who's,
life hu has Just been tried. Tbs defend
ant was doing WRONG no the Iime OF th'
death OF his wife, and should suffer fo
his own / regret that Mr.. Shields Il
unable 10 be present. We have iabore'
together as best we could. We have fel
our inability to serve the interests of thi
defendant, but what we have done w
have done conscientiously. We knew TIN
court wanted only the TRUTH and this de
fendant early assured us and assures u
now that what he has said about tn
transactions of that night, is true. Thi
man is not the ordinary criminal. HI
has been unfortunate in his association
and his habits When he shall hav
served his sentence he will profit by hi
experience, and will go forth and begi
the battle over again, as an honest, VI
right citizen. ask the court to tempe
, Justice with mercy and not disoourag
Z this man entirely. Let the light of hop
! shine and let the future have n bright
. ness in it. When he leaves his prison ce
1 he can return to that mother whose lii
= hope may be spared for the reunion"
! Judge Baldwin, on behalf Of Nj
Q Shields, voiced that oounse's sentiment
and added touching plea to that of M
o Welty. He said that he knew that Wi
liam DePeyster originally had no though
of ever drawing drop of blood from an
Il body. He knew his father and his fan
70 lily, and they were honorable, uprigl
- people.
n Prosecutor Pomerene said that h