The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1901-11-22
Attempt to Convict Him
Of larson Failed.
STATE LOST IT'S CASE
yinsling and Brown Failed TO
Lay the Burning Of Q Barn
Near Massillon to
Neighbor's Door.
.Massillon, November 81.

iMassillon, November 21.
The case Of the state against Charles
Mauger on the charge of arson, con "
spmed the entire forenoon of Wednes-
day in Mayor Wise's court. TIE case
was called at o'clock and was con-
tinued until 6, when the defendant
was dismissed by the mayor after the
testimony of two principal witnesses
of the state had been impeached by at
least six witnesses who testified that
they would not believe them Nv der
oath.
Mauger, who lives near Genoa, was
charged with having set fire 10 and
burned an old wooden structure tina.
was classed as barn-though II could
hardly be called one-belongng to
Frank Yingling, peculiar appearing
pessimist living about one miie east
of Massillon near Canton-Massillon
electric road. The dilapidated 'hanty,
together with some stacks Of un-
threshed wheat, was destroyed by fre
between 2 and o'clock Saturday
morning.
There were several witnesses. Tncy,
however, were all summoned by the
defense with the exception of three
Frank Yingling, George Brown, who
lives with Yingling, and Mrs. Elizabeth
Eaag, who lives west of Yinglings
house near the Massillon corporate
limits. ,
George Brown was the first witness
called by the state. He told story to
the effect that Charles Mauger awak-
eped him and Yingling from their sleep
sometime after midnight of Friday. or
rather Saturday morning, and that he
called Yingling and asked him to admit
him to the house as he was cold.
Not being admitted. according to the
testimony, Mauger went toward the
barn, making the threat as he went,
"I'll fix you, Frank"
CONTRADICTED HIMSELF.
Continuing his testimony and on
oross-eXamination the witness made
several contradictions, first, by saying
that he saw Mauger crawl over the
gate and later saw him on his way
toward the barn, and then closed by
saying that he was in bed all the time
until he saw the blaze and, therefore,
Gid not sec Mauger at all.
Frank Yingling was next called. He
testified practically to Browns Story
and was likewise tangled uD. Mrs
Haag closed the testimony 'or the
prosecution, saying that she saw the
blaze first at about 3:15 o'clock Sat
urday morning when it seemed to be
well under way.
A recess was then taken for few
minutes. The attorney for the defense
changed his plans. AS the te; imiony
OF the state had been so ragged, the
defense decided that an impeachment
o. the two principal witnesses of the
state would be attempted, which
pl owed successful.
fense was Charles Mist, who said he
and Charles Mauger left George Kinks
saloon in Massillon Friday night about
o. a little before IL O'Clock and that
Mauger left him at his (Nist's) gate
or East Main street near the oil stl eet
car stable. Mist asked Mauger to stay
all night, but he declined the invi.
tation with thanks, saying as he did
so that he had to work Saturday and
wanted to hurry home.
Then "Aylor" Hyman, bartender at
George Kinks saloon, testified that
Mauger left with Mr.. Mist about ~
o'clock Friday night, and corroboratcd
Nist's testimony. Philip Harmon, di
rector for the Marine band, testified
that Mauger had left him after the
regular meeting Of the band for the
past four weeks perfectly sober, not
withstanding the fact that Mauger had
called at his house in an intoxicated
state four weeks prior with his bass
horn and attempted to play tine
This story was knocked out when
Nauger, himself, was called. He give
a straightforward recital of his where
abouts and his doings Friday night by
practically repeating the story of Mr..
Mist.
MAUGER'S STORY.
Continuing his testimony, Maugor
told of yelling at the crossing In front
CT Yingling's house. He admitted that
he mentioned Yingling's name in re-
peating his yells having said: "FraLk
Y'ngling, are you asleep?" He then
related his visit at Yingling's house
about month ago and told of rlaying
"'Home Sweet Home" while Yingling
danced what Attorney Wilson .er,eed
the bare Dance" as he danced In his
bare feet. The defendant closed Lis
testimony by declaring that wsilc
tartly intoxicated Friday night. he did
not set fire to the shanty or even stcp
upon Yingling's property.
Then the impeaching witnesses were
called and one after the other testi-
fled that they had good reason TO know
10th George Brown and Franz Ying-
liIg as to their character for truth
and veracity, and that they would not