The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-04-03
THE CHARGE In FULL.
What Judge McCarty Said to the Jury
In the Case just Tried.
Legal Propositions That Were Involved In
The Case Are Lucidly Discussed by
The Court In His Charge to the
Jury.-A Great Docu-
ment.
GFrom Saturdays Daily.1

ltTom SATURDAY Dally.I
Gentlemen of the Jury:
This is the action of the State of Ohio
against William Henderson, who was
indicted by the grand jury of this coun-
ty at the September term of court. in
the year of our Lord 1899, for the crime
of murder in the first degree by killing
John Hartong, while perpetrating or
attempting to perpetrate the crime of
burglary and in perpetrating or at
tempting to perpetrate the crime of rob-
berry, and while perpetrating or az
tempting to perpetrate the crimes ,Of
burglary or robbery, or both burglary
and robbery.
The indictment in the first count
thereof, emitting the formal details,
charges one William Henderson, late Of
said county, on or about the End day of
December, 1897, in the county of Stark,
aforesaid, in the night season of the
same day, to wit: About the hour of
ii o'clock, p. m, at night, in the
county of Stark, at and into a certain
dwelling house of said John Hartong, so
situated in the county of Stark, did un-
lawfully break, enter and thereby the
personal property of the said John Har-
tong in said dwelling house did thereby
unlawfully take, steal and carry away,
and while perpetrating or attempting
to perpetrate the said burglary the said
William Henderson did with his fist
pound. bruise and wound the said John
Hartong on the sides, leg, back and
body of him, the said John Hartong,
and did with his feet kick, stamp and
wound the said John Hartong upon
the feet, legs, arms, head, back, side
and body of the said John Hartong, and
did with other instruments and weapons
the names and descriptions of which are
to the court unknown, did otherwise in
fiiet and unlawfully pound, bruise, beat,
strike and wound the said John Hartong
on the face, hands, legs, back and body
of the said John Hartong, and did un-
lawfully throw him. the said John Har-
tong, down upon the floor of his said
dwelling and choke and gag him, the
said John Hartong, and by tying a towel
golled up in his mouth, and by
ropes and cords SO tied SO
tight as to cut into the flesh of the
hands and wrists and with other ropes
tied his feet and legs together and tied
another rope around and about the neck
of the said John Hartong, and after
tying said ropes to the hands, feet and
around the neck of the said John Har
tong did fasten the same to the front
of his bed and did unlawfully and mali
ciously burn him, the said John Hartong
on the side. legs, feet and back of the
said John Hartong with lighted lamp
filled with oil, and a lighted can
die, and did then and there
unlawfully and maliciously leave the
said John Hartong lying upon the floor
of his said dwelling house, after hav-
ing so burned, bruised, wounded, chok-
ed and gagged him, almost naked and
without any covering and exposed to
the cold of winter, 1t being in the win
ter time, and at night. did leave him for
a long time, for about seven hours, and
the said John Hartong did thereafter,
on or about the 9th day Of December,
1897, by reason of the injuries and eX-
posures and the shock produced by said
injuries and exposure, die, and the said
William Henderson, by the manner
aforesaid, did unlawfully kill and mur-
der him, the said John Hartong, and the
jury cannot, for more definite informa-
tion, give more definite description of
the manner in which said John Hartong
was struck, beaten, wounded, bruised
(and burned, or the means whereby the
same was done.
And the count does further say that
while the said John Hartong was bruis-
ed, kicked, bound, burned and exposed
to the cold and otherwise mistreated the
said John Hartong, as aforesaid, with
the intent the said John Hartong to
unlawfully kill and murder, the grand
jury, as aforesaid, do say that the said
William Henderson did the said John
Hartong, in the manner and by the
means aforesaid, and while perpetrat-
ing or attempting to perpetrate a
burglary, ETC., did kill and murder the
said John Hartong, contrary to the
statutes In such cases provided.
The second count In the indictment
charges that one William Henderson, of
said county of Stark. on the second day
OF December, 1897, in the county of
Stark, aforesaid did thereby unlawfully
make an assault on one John Hartong
and attempt then and there by violence
and by putting the said John Hartons
in fear of and against the will of him,
the said John Hartong, did take money
and personal property of great value,
belonging to the said John Hartong and
then and there did steal, take and carry
away said money and personal property
of said John Hartong, and the said Will
liam Henderson did then and there take
and did unlawfulIy and by violence and
by putting the said John Hartong In
fear Of him. take the money and person.
al property of great value from the said
John Hartong. and with the intention
then and there the said John Hartong to
rob and the money to steal and carry
away, and while perpetrating or at
tempting to perpetrate robbery etc. The
balance charges with wounding, beat
ing, injuring and other language as
enlarged In first count.
The third co.nt In said indictment,
emitting the formal parts thereof.
charges that one William Henderson,
late OF said county. did. on the second