The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-05-15
The Celebrated Akron Case Resumes After
a Half Days Recess.
Judge Stewart Claimed That the Akron Newspaper Accounts
Were Predudced to the Prosecution-Mayor Young And
Attorney Rogers Nearly Come to Blows In
The Court Room
Especial to News-Democrat.)

Friday forenoon, as Judge Kohler was |
compelled to be absent attending the |
funeral service over the remains Of his |
sister. The afternoons session of COM |
mon pleas court was opened shortly |
after 1 o'clock. The CARRIER hearing |
was resumed as soon as the court was
opened. The jury was excused at once
on the application Of the prosecution,
while Judge e. w. Stuart protested be-
fore the court against the manner of
publishing reports and the comments
on the trial that have been circulated
in Akron.
The defense protested against the
introduction of the matter at this point
in the trial. but the court heard Judge
Stuart through his statement. Judge
Stuart claimed that the newspaper ac-
| counts were prejudiced to the prosecu-
tion.
The defense on the other hand claim
ed that the manner Of procedure on the
part Of Judge Stuart had been prejudi-
cial, and insisted that the matter be
discussed in its proper sphere.
PUBLICATION OF TESTIMONY.
The defense further protested against
the publication of the testimony in the
collateral inquiry. The prosecution in
sisted that both of the Akron dailies
had been guilty of fragrant miscon-
duct in publishing this testimony.
Prosecutor Wanamaker asked the court
to rebuke the action Of the press. The
prosecutor further stated that the pub
lication would surely reach the MEM
bers Of the jury and influence their de-
cision.
Senator Sieber claimed the action Of
the prosecution was a covert act
or scheme to prejudice the court.
Judge Kohler stated that he did not
"score" any one in the proceedings
of Thursday, and the stenographer's
notes would show that he had not. He
stated further that he would be COM
PEELED to caution the papers against a
repetition of an indiscreet example Of
publication of reports and comments on
the trial Of so important a case.
Mayor Young was then called upon
the stand. He was allowed to state to
the court his conversation with CARRIER
: in his private Office.
MAYOR YOUNG SAID:
"Garber said that was to use my legal
talents to influence McGarry to vote for
the reconsideration of the withdrawal
!. of the franchise resolution. He said !
: amount would be paid in coin. I told
him I did not want to give him my
: decision then but would meet him the
, next day.
IT met him the next day at II o'clock u
{ what was your attitude toward the
4 passage Of the franchise?" asked Judge
Stuart.
1T had been opposed to 1t from the
first"
did you tell Mr.. CARRIER so?"
!. 1T did"
! "Where?"
t "At the city clerks Office"
Senator Sieber asked in ross-exami'
nation:
"Who was present there?"
Richardson, McGarry, Isbell and
Paige"
do you not know that you never
talked to McGarry before you called
him up over the telephone?"
mo"
Mayor Young was allowed to leave
e the stand and then the court listened
to the final argument OF counsel or
e the matter of admitting the converse.
d tion between Young and CARRIER as evi'
e derce in the case. The argument wa:
opened by Attorney S. G.. Rogers.
ROGERS ARGUMENT.
He had prepared a strong argument
= to sustain his view of the matter. ant
= cited a large number Of authorities tt
. substantiate his argument.
He held that even II a person told tc
a an attorney hstory. without first EN-
= ploying him, tthe conversation should
be privileged.
1.-THE evidence all tends to show II
this case that Mayor Young drew thi!
man on, planned deliberately to draw
him into the meshes Of his net, and HI
did 1t by means of his profession.
HE did not even afterward inform
- this defendant that he would not act a!
his attorney. Even If he did not intent
to do wrong, he went altogether too fa
= in urging from this defendant the state
: ment upon which is based this who'll
prosecution.
"He anxiously and zealously sough
= CARRIER and in confidence secured hi
!, whole plan, for the purpose of expos
y ing him, and having him placed unde
!, arrest"
81 PROSECUTORS ARGUMENT.
- Prosecutor Wanamaker opened hi
h argument by stating that Mayor Youni
did not seek CARRIER, but that CARRIER
with the assistance of others, sough
!, out the mayor, and made the arrange
q ments for the meeting that took place
= During the course of the argument [
- very sensational scene occurred. Prose
!. cutor Wanamaker had just said: Sup
pose Mayor Young had accepted thi
$500" Here Attorney Rogers said
I"As he did in other instances"
At this Mayor Young, who ha'
been sitting in the jury box, was ol
his feet, roared you're a liar" ant
, made rush for the attorney.
= In an instant both men were on thei
= feet advancing toward one another
!, Prosecutor Wanamaker caught MI
;. Rogers by the arm. Other person
- promptly interefered and the clash wa