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

The case Of the state Of Ohio against
RikIian DePeyster was one Of the most
antsrestins legal battles that has evel
hsen fought in Stark county. With at
&,rneys able and alert, both sides were
sell taken care Of A verdict has been
zVmrhed, and it is not straining point tc
say chat IL is generally satisfactory, and
abcss who heard the case through, with
very few exceptions, felt all along that II
Nsas proper manslaughter case. Pro
Becutor Pomerene contended with vigor
for the maximum verdict, but it Is
an open secret that he did not feel salts
Giesi that first degree would be reached
hsrause Of the lack of evidence of pre-
Baeditation. His case primarily was one
of second degree, and the defense, which
xAs one Of the best and most ably pre-
sented In the history of Stark coun ty
courts, susceeded in getting it only a
match below that But that notch is a
victory. The circumstances Indicated
drunken row, sudden quarrel, death
Fssaltfng.
The jury retired about 3 O'Clock Friday
afternoon and began its deliberations.
No ballot was taken for time, and then
d was agreed to vote on the question OF
first degree murder. The vote was taken
.ETst It was found that the jury was unit
ON the question that there was no first
degree case here. The twelve men cast
.their votes against first degree.
Then came discussion and u careful
weighing of the evidence. Supper time
arrived and no ballot had been taken on
second degree, but after supper the bal
boting and discussion began in earnest.
Eleven ballots were taken on the second
degree proposition. There were on the
FIRST ballot four votes for second degree
and eight votes for "a lesser degree. On
che second ballot there were three votes
for second degree and nine against. The
third ballot was not taken until about s
O'Clock, and then the forces lined upaor
a saruggle casting the same vote as had
heen cast on the first ballot, four for sec
and degree and eight against it,
Ii looked now as if the jury was not
going to agree for some time. The four
who were contending for second degree
were set upon by the other eight jurors
and the argument was warm and clever.
The four who were holding out for sec
ond degree were J. b. Oyler, the Canal
Fulton jaweler, A. r. Hanna, the princi-
pal Of the Roach school at Massilon,
Jeremiah Shearer the Osnaburg town
shin farmer, and Silas A. Conrad, the
NIassilIon merchant and capitalist. Mr.,
Conrad was leading the second degree
men and argued strong. The fourth bal
lot was taken, but it was still four for
ssscond degree and eight against. The
III On, sixth, seventh, eighth and ninth
ballots saw no change, and there was eX-
tensive discussion between the votes. On
the tenth ballot Messrs. Oyler, Hanna
and Shearcr came over with the majority,
shs vote standing eleven against second
degree and one for it, The one who
stood out was Mr.. Conrad, but on the
next ballot he came over and the vote
stood twelve against second degree. 1t
was soon over then, and at ten minutes
40 ? O clock ballot was taken on man
slaughter and the twelve men voted for
sSat degree Of crime as fitting this case.
The court and the attorneys were
sailed, the defendant was brought in, and
shortly before O'Clock Saturday morn
ing the verdict was received.
of course the defense took the usual
caution and gave notice of an intention
90 file a motion for IA new trial, but it is
generally understood that the sentence
of the court will end this case.