The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-04-03
FAIR AND IMPARTIAL.
Judge McCarty Delivers The
Charge to the Jury At The
Afternoon Session.

The case Of Ohio against William
Henderson went to the jury Friday af-
ternoon, the charge of Judge McCarty
having been delivered at the opening
of the afternoon session. Judge Nc
Carly has presided in an able manner
during the trial of this case. He has
been courteous and obliging to counsel
and others whose duties made it incum-
bent that they be in attendance at the
trial and nothing was left undone to
make those duties as pleasant as is pos
sible, in the trial of q case entailing ar
duous work. Spectators have also been
accommodated as far as the facilities
of the court room admitted and none
was made to feel that he was intruding.
Many law points came up during the
progress of the trial, which called for an
immediate and correct opinion from the
court. These decisions were rendered
in clear and concise manner and with
out hesitation and ambiguity.
The charge of the court, delivered FRI.
day afternoon, was mastery eXposi-
ton of the law. 1t was well stated
charge, fair and impartial and called
for words Of favorable comment from
all who heard it. Judge McCarty, dur
ing the trial of the case, has well sus-
tained the high opinion he has held in
the public mind.
On the request of the prosecuting at
the jury in writing, SO that they may
have it in the jury room tor reference.
The court first stated the case from
the time of the Indictment to the pres
ent. The indictment was read and then
the court passed to the question uf pre-
sumption of innocence declaring that
presumption remains WITH defendant
till removed by the proof. The statute
was also quoted, The various crimes
entering into the indictment were dis
cussed bv the court.
The court stated that it was essential
to prove that the crime was committed
as the indictment AYERS, that the death
| resulted from the treatment accorded
Hartong, that 1t was done purposely
and that it occurred 1 n Stark county.
The court next reviewed the crime
as contended by the state, detailing the
condition in which John Hartong was
found. The claim of the state that the
defendant was at the church Of Isaac
Stripe, in the vicinity Of the Hartong
home was referred to.
| The court stated the argument Of the
defendant that he had no part in the
crime.
The court defined murder in the va
riCuS degrees, stating, that malice need
not be shown that the defendant dis
played depraved heart or an unusual
ueSree OF cruelty.
The question Of manslaughter was
gone into. The court said that IL Will
liam Henderson, with others, purposely
killed John Hartong, while engaged In
burglary, or robbing. the offense Is MUIR
der in the first degree.
The court stated that the purpose to
kill Is to be determined by the use oi
the means. The court said il the jury
A found the facts as the state claimed
and such acts as complained Of were
; manifestly fatal, the purpose to xii
might be inferred.
, ant participated In the preparation ol
. the crimef he was as guilty as tn,
: others, II he did not strike a blow. At
! tention was called to the age Of the de-
! cedent as an element In the case.
, AS to the testimony of identification
/ the court held that its value depended
, upon the opportunity for observation
} by the Witnesses II the defendant wa,
] recognized there 1t would be evidenc,
/ tending to show that defendant was II
+, the neighborhood of the crime the nigh
: 1t was committed.
I'll On the questions of confessions tn
court stated that they should be ac
I cepted with caution lest the languag
[ of the witness be substituted for tina
Y of the defendant and 1t might hav
: been imperfectly heard. The court ad
3 ded, however, that the confession, vol
g unfairly made might be most satisfac
g tory f
3 AS to the alibi the court stated tina
I | II was a proper defense and said tina
\ the alibi need not be proved beyond
0 reasonable doubt, but II evidence