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

You will remember all Of It, weigh IL all,
consider and apply 1t all, and from It ALL
In the light of the instructions I have
given you, determine the guilt or the
innocence of the accused.
Ordinarily the purpose to kill Is to
be gathered or deduced from the cir
cumstances under which the killing is
done. If the instrument used in in
ticting the wounds, the manner Of twin.
John Hartong, bruising, burning and
beating, and leaving him in the condi-
tion In which he was left with the door
| to his room fastened so that It could
not be opened from the inside, and he
so tied that he could not loosen him
self. If these facts were done, and well
done. wllfully and in a manner obvi-
ously calculated to destroy life-you
may infer the purpose TO kill by the use
| of such means.
1t is a general principle that what a
person does willfuly, he intends to do,
and intends the natural consequences of
his voluntary acts.
The presence of intent or purpose,
4 however, Is question of fact to be de-
termined by the jury from considera-
ton of all of the evidence and circum-
| stances on the subject
III the testimony shows that several
persons had associated together for the
purpose Of robbing John Hartong, or
burglarizing his residence or both, and
one of the said several par ties. while
all are engaged in the common design,
Intentionally killed the said John Har-
tong In furtherance of their common
purpose, all are equally guilty, though
the others had not previously consented
| trh III
done in the execution of common
purpose, and was natural and probable
result of the attempt to rob the said Jno.
| Hartong or to burglarize his said resi-
dence.
And the fact that the testimony tends
to show that others associated with the
defendant for the purpose of burglariz-
ing the residence of John Hartong and
of robbing him, or both, and while the
other parties to said burglary and rob-
berry have not been indicted or tried
for the offense, will furnish no reason
why the defendant should not be con-
Ivicted and punished for the offense if the
evidence satisfies you beyond the ex-
istence of a reasonable doubt that he
was one of the parties actually partici-
patng in that crime.
IL the testimony shows that the de-
fendant, William Henderson, assisted
in perpetrating or attempting to perpe-
trate the robbery of John Hartong, or
assisted in perpetrating or attempting
| to perpetrate the burglary of his resi-
| dence, as alleged, or assisted in perpe-
trating or attempting to perpetrate both
the said burglary and the robbery as
| alleged, and that the said defendant
knew that death would be the natural
and probable result of the violence used,
and exposure to which the said decedent
was subjected, If such was the case,
In the preparation or the attempt to
perpetrate the crime or crimes before
stated; say to you as matter of law
that the said defendant will be pre-
sumed to have purposely killed the said
John Hartong, provided death ensued al
or about the time stated in the indict-
ment as a result of the violence used
upon him and the exposure to which
he was subjected.
1t is claimed that John Hartong was
at the time of the alleged homicide Sc or
81 years of age, or thereabouts. If that
was his age, 1t is claimed that accord
ing to the course of nature he could
not be expected to have the vigor of
earlier manhood, and would not be
expected to recover from the injuries
the state claims were inflicted on him
so readily as persons in the prime of life
or in the full vigor of manhood. Yet
IL the injuries and exposure inflicted up
on him to which he was subjected
brought about the death of John Har-
tong at any earlier period than it would
have occurred by the course of nature,
or from other causes, it would be the
killing of a human being-a homicide.
The state has offered some testimony
on its behalf tending to show that the
defendant was in the neighborhood of
the place where the alleged homicide
was committed intending thereby to
show the proximity of the defendant to
the crime: and in this connection the
state has offered testimony of certain
witnesses tending to show that the de-
fendant was at meeting at the hall Of
Isaac Stripe, where religious services
were about to be held, in the neighbor-
hood of where John Hartong lived This
testimony consists to some extent of
what the state claims is an identifica-
ton of the defendant as one of a num-
ber of persons who came to this meet
ing. The value of this identification
depends upon the opportunity of the
WllHeSScS WIlO 10 l1dl TACT TO
make reliable observation of the
person of the accused; and in. deter
mining what weight should be to this
testimony you will consider the capa-
city of the witnesses to make such
observation as to the appearance of
the defendant; and taking into the ac-
count all that the witnesses said on
that subject and determine from the
whole of it whether the defendant is
shown by the testimony to have been at
that meeting on that evening. If the
defendant was at that meeting on that
occasion that would be evidence tend
ing to show that he was in the neighbor-
hood of the alleged homicide on the
night that the homicide was commit
ted. You will determine how this Is
from the proof.
1t is claimed on the part of the state