The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-03-20

the matter in a general way during the
argument.
After the motion challenging the ar
ray of the jurors had been disposed of
Judge McCarty ordered Bailiff Haupt-
fuer to call the roll of jurors. This was
done. When the name of Jacob Duprez
was announced, there was no response
and Judge McCarty stated that he had
a certificate from a physician stating
that Mr.. Duprez was i'll and was not
able to attend court. The name was
passed.
All the other jurors answered to
their names and when the responses
were all in Judge McCarty ordered that
court be adjourned to 1 o'clock, which
order was complied with.
MONDAY AFTERNOON.
Dell F. Rickard, of Alliance, gro
ceryfnan, was called promptly at /
o'clock, being the first juryman called
in the case. The lobby was again crowd
ed, a number of women being among
the spectators. Much interest was
taken in the selection of the jury. Ow-
ing to the fact that the murder is of re-
mote date and that the story of 1t was
printed piecemeal, owing to the fact
that the victim of the crime lived
week before passing away and that it
seemed at one time that he might get
well, it has been thought there would
not be much difficulty in securing
jury.
Clerk Thomas Casselman admins
tered the oath to Mr.. Rickard and he
was inquired of by Mr.. Pomerene, on
behalf of the state. The juror got along
very we'll till he arrived at the "circum-
stantial evidence stage of the inquiry.
He said that he did not believe that he
could return a verdict Of guilty on cir
cumstantial evidence but finally amend
ed it by saying that If the evidence
were convincing he could return a ver-
dict of guilty. After some urther in
quiry the juror was considered quail
fled and took his seat in the jury box.
1t was evident that the "circumstantial
evidence" test and the capitol punish
ment' inquiry would be the stumbling
block in the selection of jury, though
the matter started off well with the
acceptance, temporarily at least, of the
first Juror called.
CHALLENGE FOR CAUSE.
Daniel H. Wallace, a merchant of
Canton, qualified in every way except
in the fact that he had served on a jury
within IL months, which is ground for
. challenge. He was a juror, called from
the bystanders, in the case Of Ohio
against Patrick Moran. He was eX-
cused on challenge from the state.
GOT ANOTHER.
John A. Essig, q Jackson township
farmer, was called and interrogated by
Mr.. Pomerene. He was not opposed to
capital punishment in proper case
and would render verdict on circum-
stantial evidence if it were strong
enough. Having qualified on other mat
ters he took his seat in the jury box.
ANOTHER ACCEPTED.
George Gross, a carpenter, residing
at 1908 East Fifth street, was called and
interrogated by Prosecutor Day.
Are you opposed to capital punish
ment?" asked Prosecutor Day.
Its owing to who it is" said the
prospective juror.
What do you mean by that?"
II would vote to execute him If he
We're guilty"
you live next door to Henderson's
mother, do you not?"
II live in that neighborhood'
Have you ever talked with her about
this case?"
mo sir. didn't know that she was
this fellows mother"
"Do you know the defendant"
mo sir. never spoke to him."
"Did you talk with his mother about
this case?"
mo sir, we never talked about the
case"
"Have you talked with counsel about
the case?"
mo SIR"
Mr. Gross took his seat t. the jury
box.
At 2:S5 o'clock 10 out Of the IL jury
men had been selected.
HENRY II. SNYDER,
of Tuscarawas township, a farmer and
township trustee, was next called. He
said it would require very direct evil
dence of a circumstantial nature to
make him vote for conviction. He was
not opposed to capital punishment, and
qualified in other ways. He took his
seat in the jury box.
NORMAN II. CHANCE,
a well known Canton man, residing in
North Cleveland avenue, was called. He
was not opposed to capital punishment
and would render verdict on circum-
stantial evidence alone, If it were clear
and convincing. Mr.. Chance said he
had neither formed nor expressed an
opinion about this case.
us Mr.. Grant your attorney" was
asked.
''He has been but is not now" an
swered Mr. Chance. |