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

the county of Stark aforesaid, into a
dwelling house Of John Hartong did un-
| lawfully break and enter with intent
then and thereby the personal property
| OF the said John Hartong to steal, take
| and carry away, and the said William
Henderson at the same time, to W.
1897, In the county of Stark, aforesaid,
did unlawfully and by violence and by
putting the said John Hartong in fear
of, take from him money and personal
property belonging to the said John
Hartong, and thereby then and there
the said John Hartong did rob and the
money and personal property of the said
J John Hartong did steal and carry away
and that the said William Henderson
did take by violence and by putting the
said John Hartong in fear of the said
William Henderson, the money and
personal property of great value, with
the intent the said John Hartong to rob
and the moneys of the said John Har-
tong to take, steal and carry away,
and while perpetrating the said burglary
and while perpetrating or attempting
to perpetrate the said robbery, etc. The
balance of the count charges with bruis-
ing, beating, ETC., as charged in the
first count.
You will observe that the indict-
ment charges the same in each count,
so far as the injuries inflicted on John
Hartong are concerned, in each of the
three counts. To each count in this
Indictment the defendant, William Hem
derson, pleaded mot guilty." and this
material plea Of mot guilty" puts in is
sue every averment and allegation Of
the indictment and casts on the state
the burden of proving each and every
material allegation of the indictment
beyond the existence of a reasonable
doubt.
The law presumes the defendant to
be innocent of the crime charged in
the indictment and this presumption re-
mains with him in the examination of
every fact and proposition necessar '
to be established on the part of the
state. 1t is shield that the law throws
around him as a protection and 1t
remains with him until it is overcome
by positive proof, beyond the ex-
istence of a reasonable doubt.
The statute defining the crime which
he is charged with having committed,
reads in part as follows:
whoever purp4sely, and either o:
deliberate and pfemeditated malice, or
by means of poison, or in pIrpetrating
or attempting to perpetrate any rape,
arson, robbery or burglary, kills an
other, is guilty of murder in the first
degree and shall be punished by death,
unless the jury trying the accused
recommend mercy, in which case the
punishment shall be imprisonment In
the penitentiary during life"
The material allegations in the first
count Of the indictment are that Hen
derson, on or about the second day of
December, 1897, in the county of Stark,
and state Of Ohio, while perpetrating
or attempted to perpetrate burglary
at the house of John Hartong in said
county, caused the death of said John
Hartong in the manner and form and by
the means mentioned and described in
the indictment.
The material allegations contained Ia
the second count in the indictment are
that the said William Henderson did,
on or about the End day of December.
1897. in the county of Stark and state of
Ohio, and then and there unlawfully and
forcibly did make an assault and
then and there and by violence die take
from the person and against the will
of the said John Hartong, and there
by then and there the said John Har-
tong to rob and the money and person.
al property of the said John Hartong
to steal, take and carry away, and that
the said William Henderson did then
and there cause the death of the said
John Hartong in the manner and by the
means described in the Indictment.
The material allegations contained in
the third count are that the defendant
did, on or about the End day of Decem-
ber, 1897. while perpetrating or attempt
ing to perpetrate burglary at the house
of John Hartong, and while perpetrat-
ing or attempting to perpetrate the
crime of robbery did cause the death
of the said ] ohm Hartong, by wounds,
injuries and exposure inflicted upon
him in the manner and form and by the
means described in the indictment.
The statute describing the crime of
burglary, so far as / now call your at
tention to it, provides that whoever in
the night season breaks and enters any
dwelling house with intent to commit a
felony shall be imprisoned in the peni-
tentiary for not more than ten years
and not less than one year.
The statute describing the crime of
robbery provides that whoever steals
and takes from the person of another
anything Of value is guilty of robbery
and shall be imprisoned in the peni-
tentiary for not more than fifteen years
and not less than one year.
The state of Ohio in order to make
out its case against the defendant, must
show, first; that John Hartong was
so bruised, beaten, burned, fastened and
exposed on the night Of the End day Of
December, 1897, or on the morning of
the 3rd day of that month and that he
did, on the 9th day of that month, by
reason Of the beating and exposed con-
dition of him. lose his life. Second;
that William Henderson, either himself
or with other associates, while commit
ting burglary or committing robbery,
Or both, did cause the death of the said
John Hartong. Third; that in infiict-
ing the injuries and causing the fasten-
ing and exposure of the said John Har-
l.