The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-05-22
THREE BURGLARS
ARE RELEASED.
Summit County Prosecutor Lets
Them Depart.
DIsGUsTED WITH THE JURY
Because They DID Not Find CARRIER Guilt,
When He Was on Trial For Al
legged Bribery-Created
Sensation.

Special to News-D Democrat.
Akron, May ia decided sensation
was created in common pleas court
Thursday by statement made to Judge
Kohler by Prosecutor r. NJ. Wanama-
ker.
The action, taken by the prosecutor,
Is the direct result Of the acquittal Of
Harvey c. CARRIER. In substance the
prosecutor said that the acquittal of
CARRIER led him to believe that 1t would
be next to impossible to bring about q
conviction with the present jury in the
box. where any circumstantial evil
dence was to be employed.
He asked the court to nolle three in
dictments found by the grand jury.
Those nollied were as follows: Curtis
Wilson, Harry Roberts and william
Mcleod, all charged with burglary.
In his statement tothe court previous
to the request that the indictments be
nollied, the prosecutor said:
"The jury has tried the strongest
criminal case that the state Of Ohio has
in Its court this term. I think I know
somewhat about the proof in the differ
ent criminal cases. have gone through
them all before the grand jury and
have carefully prepared them from time
to time, so that am thoroughly famil-
lar with the whole proof that the state
has In each and every case, and I can
assure your honor that the jury. having
decided-and assume that they acted
in good faith and in the exercise of their
best judgment-that the measure of
proof in the last case tried was INSULT
cient to warrant them in finding a ver-
dict of guilty, and I say to your honor,
in all frankness and in all boldness, and
in my duty to the people Of this county
as see 1t, that don't believe 1t would
be wise to proceed to trial with other
cases where know the proof is vastly
inferior to the case just tried.
"In the case just tried our testimony
was almost entirely direct, positive tes-
timony. There was hardly any circum-
stantial proof. And your honor is per-
fectly familiar as to how circumstantial
proof strikes the average layman,
whether he be in the jury box or out
Of 1t. In the case about to be tried
there Is not single witness that claims
to have seen or heard the criminal
transaction, and the state has nothing
more nor less than circumstantial proof.
True, the grand jury have returned in
dictments in these cases, but that Is no
presumption against these defendants.
I'VE will not find these remaining de-
PENDANTS having back Of them a great
company like the Central Union Tele-
phone company with all its servants
and employees and attorneys interest
ed in the defense. We will not have
back of these humble defendants yet
to be tried United States senators, con-
gressmen and judgs and men Of infiu-
ence politically scattered all over the
state and nation. We Will not have
back of these other defendants county
officials who feel obligated to them by
past favors, but the are men of hum
bl birth and unfortunate surroundings
and say now and here, with all fair
ness, fulness and candid honor, that,
after having taken counsel with emf
nent members of this bar, the testimo-
ny is so far inferior TO the case just
tried where verdict of not guilty has
has been rendered, that I don't hesi-
tate to recommend, in the interest of
justice, fair play and of the taxpayers
Of Summit county, a nolle of this case.
Judge Kohler, in passing on the re-
quest, said
II trust, Mr.. Prosecutor, your remarks
don't partake of any censure Of the jury
In this case. but here are twelve men
who have not anything to say, that
they have acted according to their oath
of office, I have not any doubt, accord
ing tothe best judgment, but as far as
these cases are concerned, will enter
nolles, leaving the responsibility with
you."
Opinion is divided as to the wisdom
Of the action Of the prosecutor. Wilson
was charged with burglarizing the con-
fectionery store Of e. J. Alderfer. 1t is
said that he had confessed to officers.
Roberts and McLoud were arrested
February 21. They were charged with
burglarizing Frank ]. Souers' saloon,
on North Howard street.