The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1899-04-20
THURSDAY AFTERNOON,
Judge Taylor Decides the Law
Point and the Case
Proceeds.

| Judge Taylor proceeded, at the open
ing of this Thursday afternoon session Of
court, to decide the law point raised and
argued before the noon adjournment
| The authorities cited were discussed
The court called attention to the fact
that not only the attorneys for the ac'
cused object to the admission of the con
versation between the council and client
in this case, but the attorney, Mr.,
Werntz, to whom the alleged privileged
communication was given, asked to be
permitted to withhold the testimony and
declined to give it until ordered to do SC
by the court. The court held that, on
the ground Of public policy, the very
moment the question Of the prospective
commission Of a crime arose, the con-
hdential relation Of attorney and client
ceased to exist, no matter what they
were talking about before that. The
court said the sta5e was not obliged to
bring out all of conversation in chief,
but if the defense desires they may
bring it out. The claimed privilege of
the witness was denied, and the witness
WAS recalled to the stand. This was a
substantial victory for the state.
Mr.. werntz was Intercepted by Pros
ecutor PomereDe.
"Wte ere was the Conversations
"out where she lived, on West Tusca-
rawas street, in room on the second
floor"
"Did you have a conversation with her
about litigation with Mr.. Saxton?"
Eyes sir.''
"Did you talk about other mattersH"
eyes SIR"
"Whst did she say to your"
"We talked about the Althouse case.
She said she was going out to the Alt
house place to raise hell with Saxton.
{ old Ter not to do it, and she said she
wouldn't. She asked me what she could
do to get her goods from Saxton."
"Was there anything else said about
Sax onY"
"You mean about raising hell with
himY"
Eyes sir"
"That was all at that time
"Mrs. George said she had double
action 8S-clliber revolver and that she
had 1t in her trunk. She pointed to the
trunk. She said she had bought the re-
vOlver in Chicago"
"Did you see her again that dayT'
eyes sir; at my office"
"Did you have any talk with her about
matters pertaining to pending suits?"
Eyes; we talked about the case be.
tween Saxton and Sample O. George"
"what did she say she would do with
Saxton "
81 object" said Mr.. Welty.
TIE same relation existed as in the
morning, hut the court considered the
question competent
"She said," witness answered, "that
when the case of Sample O. George was
settled, there would either be funeral
or a wedding"
"Anything elseH'
eyes; she asked whether it would
make any difference in the disposition OF
the case il she should kill Saxtcn first
told ter that she would better wait til
the case we're settled. She said if shC
did shoot him she would make a good jot
of it and would give him all the bnlleti
she had. She asked me II 1 thought II
would be a good plan to take two Teyol
vers, throw one at his feet and shoot hiu
with the other. / told her that with al
the threats she had made she could no
make out a case of self defense. She thei
inquired if it would not be better plar
to shoot him and throw the guu away
told her TO let Saxton alone, and tina
II she did anything like that she woul'
just get more trouble on her hands thar
she had then. told her she had tw'
bright boys, and II she hadn't any re
spect for Saxton she ought to have 70
the balance Of the family"
| While this testimony was beiOg given