davidaulloa/AmericanStories huggingface dataset:
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-03-23

timony and render an impartial ver-
dict?"
"It would have to be mighty strong
testimony" said Mr.. Paar.
'"Well, it would have to be mighty
strong testimony with any one. The
question is, do you feel you could rem
der an impartial verdict?"
II might"
Have you expressed your opinion?"
Yes sir. 1 think"
mo matter what you think. You
have both formed and expressed an
opinion and think you ought to be
excused"
Mr.. Paar departed and
CONRAD BRUMBAUGH
a Lake township farmer came to the
stand to have his qualifications tested
He lives about five miles from Green
town and had talked about the case and
had heard it talked about. Judge Bald
win took the inquiry up and the juror
stated that he had formed no opinion as
to the guilt or innocence of the accused
He qualified in other respects and en-
tered the jury box.
The defense excused John Bailey, of
Canton, peremptorily, and
ALFRED NICHOLS,
of Alliance, came forward in answer to
a call for him. He didn't know the de-
fendant and had no opinion about the
case. He entertained no notions
against capital punishment. He was
accepted. He is a plasterer.
Conrad Brumbaugh, of Lake, was ex-
cused peremptorily and
EDWIN ]. HAMILL,
of e. ]. .Heffelman, of
Canton, was called. Mr.. Hamill is a
Massillon man, and the hustle and con-
fusion in that great city has effected
his hearing. He was excused.
The statute provides that jury in a
first degree case shall be selected from
the first thirty-siX jurors who are pres
ent and answer to their names. While
it is true that 40 jurors responded for
this case, as soon as thirty-siX had been
examined or excused by the court for
cause, the panel is exhausted and a
new venire must be issued or a call
made from the bystanders. 1t is pro-
vided, however, that when one or the
other party to the lawsuit asks for a
special venire, it must be issued. The
defense asked for a special venire and
a recess was taken while it was being
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-03-23
STARR COUNTY DEMOCRAT, IDAY MARCH 49, 1900.
naustlng all but two of its challenges.
CHARLES S. COCK.

CtAHLES .. COCh,
Canton real estate. owner and insur-
ance agent, had not read enough about
the case to form an opinion and quail
fed in other respects. Mr.. Cock said
he had never heard any talk about the
case and had never read anything
about it. He stepped into the box.
Webster Lonas, of Bethlehem, was
excused by the defense, leaving but
one challenge for the defendant.
WILLIAM H. wYANT,
a Canton real estate and insurance
man, said, when he took the stand, that
he had served as regular Juror within
a year, but had not been called from
the bystanders. He had read the news
papers but had not heard any talk
about the case. He had formed no
opinion that would interfere with his
verdict. He went into the box.
DEFENSE CONTENT.
"Is the defendant now content?"
asked the court.
1.-THE defendant is content" said Mr..
Grant.
The court read a communication from
DR.. T. Clara Miller, stating that d. p.
Merwin, of Massillon, had erysipilas
and that he was liable to have an at
tack at any time. The court stated that
Mr. Merwin had not asked to be ex-
cused but that he was liable to be i'll
at any time. The court thought that
he ought to be excused.
Judge Baldwin thought it was unfor-
tunate that the case was not brought
UP sooner.
The court stated that he had certifl-
Gates concerning other Jurors, but they
had been excused peremptorily, saving
the court from calling attention to
them.
Mr.. Merwin being excused the panel
was still untitled and
T. b. LoUTzENHEIsER.
also real estate man, was called. He
had formed no opinion about the case.
He knew of no reason why he could not
serve. He was a called Juror, he said,
during this term. 1t turned out that
it was by a special venire. The defense
challenged, but the court overruled 1t,
and Mr.. Loutzenhouser went to the
jury box. He was at once excused per-
WILLIAM w. FIGLEY.
The defense had exhausted all of it's
challenges when w. w.
Figley was called. He is a retired far
mer. He had formed no opinions and
was not opposed to capital punishment.
He said he would require strong evil
dence Of circumstantial nature but he
could return verdict on circumstantial
evidence. He was admitted to the box.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-03-23
PROSECUTOR DAY
Presents the Case on Behalf of
the State and Reads the
Indictment.

Besides getting the jury the case was
stated for both the state and the de-
Tense and one witness was examined at
the Tuesday afternoon session. The
matter of securing a plat of the
premises that will be acceptable under
the law is not an easy one, as the build
ing in which the crime was committed
has been moved and the interior ar
rangement is hardly the same as when
1t stood on the old site. Each item
in the plat raust therefore lie proved
by testimony, which is tedious at best,
but which Is necessary under circum-
stances. Therefore the case did not
get along so fast as 1t otherwise would.
Prosecutor Day, in presenting the
case on the part of the state, first read
the statute covering the case, reading
section 6S08 of the Revised Statutes de-
fining murder which Is committed while
attempting robbery or burglary The
prosecutor then read the indictment in
the case to the Jury. The prosecutor
read with fine Infection, and made the
indictment a very blood curdling docu-
ment both by its contents and the
manner OF reading 1t. During the pro-
gress of the reading several of the
Jurors eyed the prisoner closely, but
they could get no satisfaction. While
he showed lively interest in the read
ing he did not change countenance. He
had probably read the indictment be-
fore and was not surprised at what
was read. He leaned back and rocked
In his chair and seemed at ease during
the entire arraigpment. The various
counts in the indictment covered sub
stantially the same ground, taking in
the burglary, the assault, or several
assaults, that somebody committed on
the night In question.
NARRATING THE CASE.
After the reading of the indictment
Mr. Day. proceeded TO present the states
case. He told of the date of the crime
and where II was committed. He called
attention TO the location OF the little
house In which John Hartong lived.
half the distance between the Valley
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-03-23
DANIEI. PAAR.

q well known Canton man, a blacksmith
by trade, had a decided opinion about
the case and said that It would take a
great deal Of testimony to remove his
opinion. Mr.. Pomerene made no chal-
lenge but turned the juror over to the
court.
Notwithstanding your opinion" said
the court, "eould you listen 10 the tes-
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-03-23

challenge, and Lew Smith, of Tuscara-
was township, was chI(la1Sel by Mr.,
Grant, necessitating theh calling of an
other Juror.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-03-23
AFTERNOON SESSION.
Attorneys Still Dissatisfied
With the Jury and Ex-
amining New Men.

There was the usual crowd at the af-
ternoon session of the court Tuesday,
when William Henderson again came
in to answer to the charge of murder.
Juror George c. Harvey was not pres
ent and delay was occasioned on that
account. The attorneys put in the time
passing pleasantries and Henderson,
an interested listener, smiled frequently
at the sallies. Juror Harvey was only
ten minutes late and matters were soon
ready to go ahead. The state at once
excused George Gross, of Canton, and
WILLIAM MACKENZIE,
a Canton merchant, was called. He re-
sides in North Cleveland avenue, and
has been in business in Canton about
II years. He had no relations among
the lawyers in the case and had no law
suits that would interfere. He had not
talked about the case and had no inter-
est in the outcome Of the case. He did
not think well Of circumstantial evil
dence but believed that he could ac-
cept such evidence If it were strong
enough. He qualified satisfactorily
and was seated.
The defense now excused Alfred Mich
OILS, of Alliance. and
GEoRGEC. LINDSAY.
of Canton, a harness dealer, was called.
He was not opposed to capital punish
ment and would accept circumstantial
evidence as proper evidence. Mr.. Lind
say was called by special venire in the
George case, but did not serve. H was
accepted.
The defendant still had six peremp-
tory challenges to exercise, and Geo.
:. Harvey was excused.
WILLIAM LICHTENwALTER,
a printer, Of Canton. was called. He
had been summoned with an M. be-
tween the William and the Lichtenwal-
ter, but he said there was no M in his
name. Judge McCarty said he was the
juror he had in mind. He had seen
the papers but hadn't read the accounts.
He was not opposed to capital punish
ment and could find a man guilty
Of capital crime on circumstantial ev-
idence alone. He took a seat in the
jury box.
The defense excused Enos II. Bro
sius and
JOHN r. POYSER
was called. Mr.. Poyser will be rs years
of age at his next birthday. There was
no challenge on that account, but Mr.,
Poyser said he could not bring In a
verdict of guilty in a capital case on cir
cumstantial evidence alone, and the
state challenged him for cause.
DANIEL LENKER,
another Canton man, retired business
man, was next called. He had no scru-
Piles against capital punishment nor
was he opposed to verdict on circum-
stantial evidence. Mr.. Lenker having
qualified, filled the twelfth seat, and
the court asked IL the defendant were
now content. The defense excused Al
fred Young.
DANIEL s. BLUM,
barber. in Canton. employed at the
Barnett house shop. was called and
interrogated by Mr.. Day. He quail
fed.
The defense then challenged Loren u.
stoner, Of Tuscarawas township. ex-
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-03-23

The defendant hal now an opportu-
nifty TO exercise aaothsr peremliory
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-03-23
SCENE OF THE MURDER.


left
ng a a the time o the urder)
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-03-23
The Henderson Case Moving Along In Salts
factory Manner.
PROSECUTOR DAY STATES THE CASE TO THE JURY

He Describes the Manner In Which the Crime Was Committed
and How the Murdered Man Was Found-The
First Witness Called.
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1900-02-01
In MemOrjam.
Contributed by a Friend

Contributed by Friend.
Hannah III. Brown, youngest daughter of
John w. Brown, died at the residence Of her
sister, Mrs. a. f. Gibson, in Function,
January 70, 1900, and was buried the 18th
beside her brother John, in the Bonafeld
graveyard.
Miss Hannah was born al Mt. Savage,
Md, and came to Tunnelton in the sixties,
with the rest Of the family, where she has
since resided with her father, whose careful
housekeeper she has been for number Of
years. She was of kind and loving dis
position, and although great sufferer, be-
ing an invalid for some years, she was never
heard o complain Of her lot, but was frank
and cheerful 10 the last, saying that al
though her body was suffering her "heart
was merry and that she was prepared and
willing TO die if IL was Gods will and that
she wanted all her friends 10 meet her in
Heaven
She was greatly loved by her friends and
companions for her kind and gentle DISPOSE
ton and loving words Of counsel and good
will She was watched over and cared for
by them in her illness and everything pos
sible that could be was done 20 alleviate her
suffering and smooth her pathway to the
grave.
The funeral services we're conducted by
the NJ +. Pastor, Rev. J. ]. White, after
VIII ch the remains we're followed to the grave
by large number Of friends, who will re-
member what sweet look Of content and
rest was on her face as she lay in her casket
among profuson Of flowers, the last sad
gift Of her many loving friends. BY her
life and in her death she has surely taught
us that cit is not all Of life to live nor all Of
death to die" Let us be like her.
She leaves behild her venerable father,
who now Is in his eighties; also three
brothers and two sisters namely, Herbert,
who lives in Arizona, Alfred and George. ]. 4,
who live in Tunuelton, and Mrs. Annie
liecrmans, no lives in Pennsylvania and
Elizabeth, wife 81 a. r. Gibson who also
lives in Function. TO these we extend our
sympathy.
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1900-02-01
fstIll anotberl
NIooN.EYE.


As You don't know, Do You" failed To get
his transcript transmitted last week. I will
endeayor TO give You a few items.
B. +. Miller Is shoemaking at TunHelton.
Protracted meeting Is progressing nicely at
Camp Ground.
o. A. Miller returned last Friday from a trip
up in Harrison county
Charles watkins, OF Tunuolton was calling
on the fair sex sunday night
Sam Greaser, Of Grafton, II been home the
past week visiting his parents.
Miss OttIe squires returned from Kingwood
tuesday,, with a case OF measles.
Fred Barlow and G. IS. Bergman have been
digiug lime the past three weeks.
q. T.. Borlmans school has been closed for
two weeks on account of measles.
Char es Trickett and clyde coney attended
the bail Monday night In Borgmans Hall.
j. W. Myers and ". shafTer took in the oyster
supper at Tom Garlitzs' Wednesday night.
Lawyer }. II s. Barlow. Of Grafton. was
calling on relatives here last Wednesday.
a. NJ. Lynch left last Friday for Amos, w
Va on a visit 20 his sisters at that place
Quite number Of the young people attended
the ball at Function last Tuesday night n week
}. d. Weaver u preparing TO move frors hi.
home place, on the Grant property near town.
Miss Jennie Cassidy. Of Kingwood, was visit
ing here parents bore from Saturday until Mon
dag.
Fred Evans got bruised upa little at Irons
Coal Mines last week. owing TO tw5 cars run
ming together.
=. A. bergman gave dance Monday night
IN his hall All report very nice time. but
owing to the extreme cold weather the crowd
was small.
Charles banks has made a purchase Of "A new
saw mill and Is setting Il up on the laud Of Mrs
Mary Riley, where lie will have saw ng 10
some time.
LUCINDA.
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1900-02-01
zinns Chanel
SELDOM SEEN.

Correspondence OF The Argus.
Master Clarance linn is fighting with the
measles.
Jim Sharpes has returned from the oil
fields at Springfield, w. Va.
]. S. linn, of Morgantown, was visiting
his parents, Mr. and Mrs. G. II. Zinn.
Mrs. G.. II. Zinn has been suffering with
a tomaeh trouble, but is better at this time.
Miss Bessie Jones has returned from Johns
town, where she was visiting he father, who
was veryill.
Casper Born and Lloyd Znn have pur-
chased fifty acres Of land from Mr. Henry
Huddleson.
Frank Plantrich has gone to Enterprise,
Harrison county, to work in the mines. We
wish him success.
The school at this place will begin again
Monday. II has been closed two weeks on
account of measles.
The meeting at this place closed last Sun.
day night with five conversions and three
accessions to the ch1rch. Rev. J. J. Phil.
lips is great revivalist and an earnest
christian man.
WATER LILLY.
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1900-02-01
Rohr

OLD HARRY.

Correspondence of The Argus.
Cold, colder, coolest.
Mrs Elizabeth Shaffer Is still on the sick
list.
Some of the school lads are having a tussel
with the measles.
Jacob Gale has been on the sick list for
some time, but is able to I've out again.
Calvin Groves and a. y. Taylor were at
Morgantown last Thursday ON business.
Some of our farmers anticipate going to
kingwood TO attend the farmers institute.
Mrs. Enoch Repper, aud Mrs. ID. II.
Savage were visiting friends here last week.
Bert Cress has a contract of furnishing
jenkins & Hartley four thousand feet of
piling.
George Hunter and Phil Mclean, of Poin,
Marion, were here last week trying to buy
lumber.
Almost cold enough to freeze the single
gold standard out of existence by the Isih
of February.
Mrs. J l.. Moore has been visiting hel
daughter, Mrs. Allen Spahr, of Portland dis
triet, for the past two weeks.
SELDOM SEEN.
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1900-02-01
OUR COUNTY NEWS. |



Correspondence OF the Argus
Oke. Feather went 10 MorgantoWn last
week to work.
Oval capPe,t sold fine horse to oke.
Feather last week.
Harry Ringer me, with very painful
aeeiden, last week, while cutting OFT log.
The log broke aud threw him, cutting his
arm in two places.
Our farmers arc pstientienty waiting for
shedding snow to finish hauling lime and
coal. They expec, to make the smoke dy
from nearly every farm this spring. They
say money makes the mare go and lime
makes the grass grow.
Milroy Sypolt aud MIR Johnson, of Penn
sylvania, were in this neighborhood looking
after coal, las, week, but met with poor
success, as we don't propose to be caught
with chat anymore. Anyone wanting coal,
and having the money to pay for IL. come
this way. We have the coal.
We expected two weddings to report ere
this. but we fear the boys will put il off till
the harvest is passed and the summer is
ended and they are not mated. Then will
the girls say. would have gathered thee
unto my arms as hen gathereth her chicks
aud We would not.
OLD HARRY.
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1900-02-01
Howesville

Correspondence of The Argus,
sam Greaser, OF Grafton. was home on a
short vacation.
{. \. Bergman made lying trip to Gsaf-
ton ono day this week.
Miss Sophia wesRog has gone to Grafton,
where Sac will remain for awhile.
There WAS social hop at Borgmans Hail
Monday evening OF this week,
Charlie Watkins, of runnelton, was call.
ing on tn fai' sex, Sunday last.
Joseph Brailor, who has been digging coal
at Function, was home over Sunday.
Mrs. Charles Morris. OF Tunuelton, is
visiting her many friends Of this place.
Clyde conlcy, Of Hingwood, spcn, sat
urday and Sunday with Frederick Barlow,
i.iss Bit,on, who has been working over
near Uniontown, Pa, came home Sunday.
Ma. Lynch, eft Saturday for Amos, w.
Va, where he expects To remain for awhile.
The townsville school has been closed
ON account of the measles. The teacher and
most of his pupils had a mssle with them
the past week.
One OF our prominent young men was
calling ON his best girl Sunday night and
he made his stay unusually long. The horse
broke loose aud he had to walk some three
or four miles home. He says lac will take
his mothers advice not to stay out late at
nights.
Quite crowd went from this place to a
ball at Function last Tuesday night Those
who attended from here were Misses Ella
Barlow, Rosa Bromhal, Matilda Borgman,
Ella Lynch, Alice Richards aud May Swear
ingen, and Messrs. V. T.. Cooke, Walter
Myers, NJ. A. Lynch aud Adam Ridenour.
All report a good time.
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1900-02-01
broom another corrosnondonl.

From another correspondent.
Mr. Editor, we will give you few items
if you will give us space in your paper.
Our schools are progressing nicely.
Free silver is what we want, and not SO
much talk, if you please.
Walter Myers took in the oyster supper
aud dance over ON the pike and didn't get
back until Inc next day.
Miss Agnes Myers. who has been very in
for the past two OF three weeks, is able to be
out again, except she has the measles.
Quite a crowd from here attended the ball
at Function last week, and all report a
good time except Vincent Cooke, who got
Lynehed.
Our literary society is progressing nicely
and the Reporter" is away ahead. Our
assistant editor was taking great interest in
the queries at first, but by asking the in
correct answer of one of them one night, he
says never mind the the queries
We think one of the worst things com
community can bc afflicted with is gossip.
per that is always talking and tattling some
thing about their neighbors. and we are
bothered quite good deal here in this
neighborhood' with one or two. They al
ways keep up confusion, and if theil
tongues had been in COW bell the bel
would have been worn out, just as we are
no. We think word to the wise is suiii
Gent, and we do think if they just pay strict
attention TO their prayers, and don't take W
so much of their time in scornfully using
their neighbors, they will find they are put
ting in their time TO better use, and we
hope, Mr.. Tattler, you will read this anc
stop right where you are aud don't be SC
laxative.
| No.. LIZ.
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1900-02-01
Law Library Sale.
WATER Lilly.

The public sale of the law library and
Office furniture Of the late Henry Clay Hyde,
took place last Thursday and most of the
property sold very well, some of the books
selling for as much as new ones Of the same
kind while others went very low, but on the
whole, it was very good sale, the proceeds
amounting to nearly $500. Charley Craig
was the auciioneer and o. f. Morton clerk
The sale was in charge Of p. J. Crogan, the
Administrator and was held az the law Office
Of w. G.. Brown. The latter purchased
more than any one else and a. ID. bowman
from Rowlesburg, was the second heaviest
buyer, while State Supt. Of Schools Trot,er
came in good third. All sums under $40
was cash and over that six months with in
terest and good security. Among the bid
ders from distance, were II. l.. Swishcr,
Of Morgantown; J. x. Troter, Of Charles
ton; G.. w. Johnston, Of Parkeysbug; A. d.
Bowman, Of Rowlesburg, and Mr.. Hawkcr
our attorney from Fairmont and J. II. S.
Barlow, Of Grafton. Several bids
were sent in by mail
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1900-02-01
Beware Of Ointments for Catarrh that
Contain Mercury

as mercury will surely destroy the sense Of
smell aud completely derangc the whole sys-
tenn when entering it through The mucous
surfaces. Such articles should never be
used except on prescriptions from reputable
physicians, as the damage they will do is ten
fold % the good you can possibly derive
from them. Halls Calarfh Cure, manufac-
tured by y. J. Cheney & CO.., Toledo, O.,
contains no mercury. and is taken internally,
acting directly upon the blood and mucous
surfaces Of the system. In buying Halls
Catarh Cure be sure you get the genuine.
u IS taken internally, aud made IN Toledo,
Ohio, by + ]. Cheney q Co. Testimonials
free.
Sold by Druggists price 7sc. per bottle.
Hall Family Pills are the best
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1900-02-01
Marriage Licenses.

Felix y won25 and bessie T. Jefors q.
Former native Of Preston. latter born in
Mineral county
Ralph Haslip % ard Ethol Fraloy -
Former resident q Grafton. Taylor county,
bride 'rcstonian.
Elisha = Boiyard q and Lora Shaw 81.
Both native Prostoniane.
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1900-02-01
Administrators Notice.

All parties having claims against the es-
tate n The late Samuel " Martin, are here.
by notified 10 present the same to the under
signed for settlement, and persons indebted
to the estate must come forward az once and
settle in order TO save costs.
CYRUS II. MARTIN, Admir-,
Kingwood, w. Va.
Feb. ,, 1900. a..
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1900-02-01
COMMISSIONERS NOTICE.
CoM1IssIoNER's OFFICE.
Kingwood, w. Va, Jan. IS, T0oo

tOMMl5hiDNkk > OFFICEt
Kingwood w. Va, Jan. ~ Tooo.
p. J. rrogan' Trustee 81.
!. G. RaIphsnyder ct al.
The above entitled chancery Cause. by
decree OF the Circuit Court Of Preston coun.
ty. made therein on the nth day ofDecem.
Der a. ID 1890 having been referred 10 the
undersigned Commissioner IN Chancery,
with tho following directions. 20 ascertain
and report the real estate owned by the
defendant. I. =. Ralphsnyder, the state and
condition Of the title thereto. tina liens and
charges thereon, their amounts, character,
prloriies aud 10 whom owing: and that ne
report any other pertinent matter which
may be deemed so by himself or required
by tho parties or any OF them.
The parties TO said cause. 20 wit, p l.
CrOgan. trustee, plaintiff and I. g. Ralph.
snyder Leroy Shaw, trustee, and lanes A.
Brown, defendants. will therefore take no.
tico. that on the 10Th day Of February, A ID
1000 at my Office In Klnewood, Preston
county, West Virginia, | shall proceed to
execute said decree.
Given under my hand this 18th day OF
January A. y. 1000
J. w. WATSON. Commissioned.
10 90 4tss.6s.