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


discussed the law to some extent at
the opening of court Friday morning.
Mr. Pomerene was in good voice ana
made a profound impression on his
hearers. In discussing points of law he
was clear in his interpretations ana
clever in presenting it. The state dld
not pay so much attention to the law
as the defense, as the state was not in
the extremity in which the defense
found itself. There was no need Tor
reaching out for every technlcallty.
The law, so far as the state was con-
Cerned, seemed plain and fairly, meet
ing the issue involved Mr.. Pomerene
referred in his legal argument to the
Bender case and said, in one reference:
"W J. Piero was the star witness tor
the alibi in that case"
Mr.. Pomerene turned to the jury and
referred to the pleas that had been made
on behalf of the defendant. He said the
attorneys had done their duty for their
client and If he was convicted 1t would
not be their fault. No blame could at
tach to them. The eloquent and i'm
passloned plea of Judge Baldwin was
referred to and Mr.. Pomerene said:
"He was moved to tears as he told of
the situation of his client but l would
that ! could picture the awful condition
in the Hartong home that night as
counsel for accused have depicted the
present extremity of this defendant
The history of the crime was painted
by Mr. Pomerene in manner that held
the audience and the jurors. The he
nious offense was pictured to the jury
as few orators can set 1t forth. Mr..
Pomerene told it in all of its horrible
details The brutal treatment old man
Hartong received afforded an opportu-
nifty for the eloquent assistant counsel
for the state and be rose to the occasion
I .l I'D tnt no
was purpose to kill present as the per-
petrators of the crime had shown no
regard for human life.
Nov" said Mr.. Pomerene, there is
the crime and there is no question as
to the intent to kill. The next thing
is to discover who did it. There sits one
of the men, right there" and Mr.. Pom
creme pointed to the defendant
Henderson flushed a little and seemed
somewhat uneasy, but made no great
demonstration of feeling, whatever his
feelings We're. 1t was a dramatic con-
clusion to a concise picture of ter
rlble crime.
THE IDENTIFICATION.
Mr.. Pomerene took up the testimony
concerning the identification of the pris-
oner by Isaac Stripe, Belle Gates and
Abraham Faust. He contended that
the Identification was complete.
"They insist" said Mr.. Pomerene,
that these witnesses do not remember
the face of Henderson after lapse
of two years. Let US see. Four men
enter the house of worship conducted by
Isaac Stripe. lie has a quarrel with
two of them, one the defendant at bar.
Four men are seen walking toward the
home Of John Hartong. John Hartong
said that there were three men inside
of the house and one on the outside.
To-, hot lima
villagers are shocked by the awful
crime that had taken place. Do you
net sunpose that the features of the men
who were at the church that night, in
the light of subsequent events, would
be indelibly stamped on the tablets of
the memories of those who had seen
them?"
Mir. Pomerene next referred to one Of
the links in the chain of circumstantial
evidence, the
HUNDRED DOLLAR BILL.
Counsel has said that John Hartong
was blind that night and could not see
the bill to identify it. Well, what did
he do when they handed 1t to him? He
turned 1t over in his hanc and examined
IL. He asked If that y, Isn't Lincoln's
picture on it. He examined the creases
that had been made by his constantly
having il about him. Then he said: 1t
is my bill Do blind men act in that
fashion,"
1--WE trace this same BILL" Mr.. Pom
creme said, directly to the hands of
William Henderson, when he took it to
Minerva Blatt TO get it changed"
Mr. Pomerene said that the same bill
was traced back to Charles b. Sim
mons saloon. "They talk of the black
ness of Black Pete" said Mr.. Pom
creme. He was the bartender of your
nd har
tender at the place this defendant fire.
quented."
"And II Is said that William Hender-
son was at Simmons place on that
night. That was the kind of a place
that Henderson frequented. They say
he went to the Theatre Comique. Is
that a place of worship? They say he
was at the saloon of Annanias Piero.
Is that a Saints Rest? Travel with
Brother Grant to the northern lights
or go under the green sod and where
will you find a single witness that has
.denied the truth of the statement of
Minerva Blatt. Do you, gentlemen,
have any doubt that the bill that Hen
derson had that night was the bill that
once belonged to John Hartong?
never heard of Billy Henderson having
many 500 bills. 1 hope he has enough
to pay his counsel. never heard of him
having any money legitimately."
Mr.. Pomerene continued: "They
wanted to know why we didn't ferret
out this crime. Why for two weeks we
have been ferreting 1t out. And we
have ferreted 1t out"
Mr.. Pomerene next took up the sub
ject of the dying declarations and re-
viewed the testimony that had been
adduced along that line. The testimony
of o. p. Shanafelt was read to the jury
1t was clear recital of what hap
pened that night, as told by John Har-
tong to the relato-
The recital made horrible picture
but 1t made no effect on the defendant
Henderson paid no attention. He had
PICKED UP A PAPER
and MAS looking at It. lie seemed much
interested but whether he read or JUS,