The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1899-11-28
BACK AGAIN TO THE PEN
He Will Probably BE Taken In Few
Days.
BOTH SIDES WANTED TRIAL
Judge McCarty Thought 1t Was Too Late
to Begin This TERM Robert Day
viii Prosecute the Case, Now
"A New Jury Must BE
Sppurad

Another hitch has occurred in the
Henderson murder case and the whole
trial has been declared off until the next
term of count. At o'clock Saturday
morning Judge McCarty had Hender-
son, his attorneys and Prosecutor Pom
erere sent Tor and su n roned to court
room No. /. TIE judge then stated that
upon his own motion he desired to
bring up this cause and postpone it till
next term of couit. This action was
taken by tie court upon his own re-
sponsibility. Both Mr.. Pomerene for
the state and Mr.. Baldwin and Mr..
Grant for Henderson were ready to go
on to trial. Judge McCarty, however,
has been working quite faithfully for
several weeks and he felt that he did
not like to take uD such an important
case so late in the term for fear it would
run over into the next term. Further,
If the Henderson case were called on
the 18th inst IL would probably take up
the entire holiday season. There is no
appeal from the action Of the court on
this matter and the Henderson trial
goes over to the next term. This begins
January s. On the same day Prosecu-
tor Pomerene goes out of office and
Robert Day, of Massillon, will take up
the duties Of the office. 1t will there
fore devolve upon Mr.. Day to take
charge of the case at that time Mr..
Pomerene will be thrust entirely out
of the proceedings which he has worked
so faithfully to bring to an issue in
court, by constant and diligent effort
for two years, unless the court con-
cludes to appoint him to assist Mr..
Day in the matter. The court will have
the power to do this If he SO chooses.
Mr.. Day happened to be in the court
room Saturday morning when the case
was continued. He stated to a News
Democrat representative that he had
had no intimation previously that the
case would go over. He said that now
that 1t had, he would of necessity have
to assume the responsibility of the
states case. He did not know yet
whether arrangements would be made
to give him assistance. Prosecutor
Pomerene and Mr.. Day met and the
former told Mr.. Day that ne would go
all over the case with him and give him
such light on the matter as he has, at
any time Mr.. Day would arrange a
meeting.
Judge McCarty called the case up Fri
day evening and would have postponed
1T then, but Mr.. Day was not present.
This was the first intimation any one
haNhad of a postponement.
The sheriff has been, notified to stop
the service on the jury. A new jury
will have to be drawn, when the case is
assigned next term.
1t has been discovered that some of
the jury drawn Friday could not be Sc
cured in any event. Down in Sugar
Creek there are three missing. Web
ster Schlichter and William Parks are
dead and Robert Pherson is out of the
county.
After the case had been continued
Judge Baldwin had talk with Hender-
son. The prisoner did not like it. He
wanted to be tried at once.
Prosecutor Pomerene called the
courts attention to the matter of re-
turning Henderson to the penitentiary.
The law says the court may order the
prisoner back to the penitentiary. The
prosecutor suggested that the Jail was
not very secure and Judge McCarty
said he would take the matter up later.