The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-04-03

the case of Ohio against William Hen
derson was nearing the end. Ex-Prose-
cutor Pomerene had commenced his
argument on behalf of the state and
had cited some points of law to the
jury. His argument was the last in
the great case. He confined his atten-
tlon to the law and had not concluded
that oranch of his argument when time
for adjournment arrived. He quoted
from some OF the same authorities that
counsel for the defers had used In
their argument to the court and had
some new and further light to offer on
the points of law that are considered
germane to this issue.
Judge Baldwin concluded, at about 3
o'clock, one of the most eloquent ad-
dresses that has been heard in the
Stark county courts. He had worked
hard in the case and with his co-coun-
sci had left no stone unturned tlat
would be of benefit to the defendant, in
the way of proof of his innocence. 1t
was not the fault of Judge Baldwin and
Mr.. Grant that the cause of their client
was a despe rate one. They were ap-
pointed by the court and whatever the
verdict 1t may be said with every ele-
ment of truthfulness that no two men
at this bar or any other could could
have put up better defense, all things
considered. There was not much testi-
mony that they could use, asloe from
the alibi testimony, and after all was
said and done 1t was possible to RELY
only on that and the law with reference
to intent and purpose. 1t was situa-
tion that called for oratory of the sort
that moves mems minds and Hender-
son had the right kind of lawyers for
that sort of work.. Certainly the case
for the defense was ably handled
throughout. IL the state gets what 1t
contends for 1t will not be the fault Of
counsel for the accused but 1t will be
because the state put up an impregna-
BILE case. Judge Baldwin's argument
during the latter part of the afternoon
was most forceful.
II don't know whether thosep young
men at Greentown did this deed or not
said Judge Baldwin. "They say they
didn't. But there is evidence here in
this case that the old man said he
knew it was some of his neighbors, for
they knew him and called him by name.
I know there have been some accusa-
tions made on this stand about some
people and they haven't been denied"
Besides the charge OF Judge Day, IN
the matter Of the unreliability of con
versations, Judge Baldwin. also cited the
charge of judge McCarty in the Smell
case, certified to this county for trial.
from Wayne county.
The matter Of identifying stranger
was touched upon and the difficulties
surrounding such Identification was
discussed at length. Counsel conten6ed
that Mrs. Gates had tho assistance of IA
4. L. Z. a.
aid in Identifying Henderson.
81 know that Mrs. Gates is an evange-
list and that she gives to the world the
doctrine of the gospel and peace and
am glad she is doing that good work.
If she has thrown about Isaac Stripe
the influence of religion and made him
a better man, I am glad. She has ac-
complished great work. But when she
comes on the stand here she does not
say she had photograph till 1t was
brought out. She ought to have been
honest enough to have told that she was
aided in her Identification by the photo
graph and not by the recollection of
the man.
Judge Baldwin said 1t meant nothing
that these men were looking for
Walters and Byerly. There was moth
ing in the case, 1t was asserted, that
they wanted to see Byerly and Walters
for an unlawful purpose.
'"rhe state did not bring witnesses
to show that four men did not call on
Byerly and Walters that night" said
Judge Baldwin. There Is nothing In
the proof to show that they didn't
The presumption Is that they did"
"You must not use the fact that there
is prejudice in Canton against this man
If there is such prejudice. If there is
a prevailing opinion in this city that
there is a gang of evil doers operating
here, you must not use that. If there Is
such condition. I know that proper
vigilence on the part Of the authorities
should be exercised and the evil doers
should be brought to justice. 1t was q
henious crime that was committed but
you can't visit punishment on this poCI
man because of the conditions outside
of this case. I don't care what the
evangelist and Isaac Stripe say, Will
liam Henderson was not at Greentowr
that night, in the light Of this proof
This crime calls out for vengeance, but
1t must not be visited on the innocent
"If William Henderson made the
statements 1T Is said were made he Is
more Of an idiot than a criminal.
don't believe those statements and
don't think you do"
Judge Baldwin said that he was sorry
that Al. Winnett brought his wife into
the case. He knew that she would moi
have been in except for the influence
of her husband. He said the ingenious
mind of Winnett was ever present in the
case against Henderson. He. thought 4
strange that she would come in just al
the moment when Henderson was con
Tossing to the two wretches, Winnet
and Moster.''
"Why, If these stories are true Bill
Henderson must have gone around th'
county finding people to confess to. HI
must have stopped people everywhere
and said: come over here a minute.
want to make confession Gentle
men. Nobody ever claimed Bill Hen