The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-11-21
WOOSTERCASE
SET FOR TRIAL
Attorney A. J. Thomas viii be Tried
In Stark County on Perjury
Case.
Change of Venue From
Wayne County is
Gre nted.
Once Convicted and SENTENCED
Once CONVICTED and SENTENCED
Prosecuting Attorney Wey-
gandt Appeared Before
Judge Harter Tussday--
Comes Up Next Term.

On cndnge OF venue from wooster,
Wayne county, the perjury case
against A. j. Thomas will be
tried in the Stark county courts. Pros
ecuting Attorney W. E. Weygandt, Of
Wooster, was in Canton on Tuesday
and in the afternoon of that day had
a conference with Judge Henry W.
Harter with reference to fixing a time
for the trial. After the matter was
discussed, the case was continued un-
til next term of court.
The history of the case is an inter
esting one. A. ]. Thomas is an at.
torney of Wooster who has achieved
distinction in certain lines. In April
1891 he was indicted for perjury by
the grand jury. When the case came
up for hearing he was found guilty
and sentenced to years in the peni-
tentiary. The case was carried to the
circuit court and new trial was or
dered. A motion for change of venue
was granted and the case sent over
to Stark county.
The charge against Thomas is that
he swore falsely in a case which was
on trial in the Wayne county courts.
In the case was implicated Mrs. Sar-
al Smell. the woman who was sent
over to Stark county for trial In 1895
from Wooster upon the charge OF at
tempted murder. She was acquitted
after an exciting trial.
The circumstances which led to her
arrest were of mature rivaling fic-
ton. Her son-in-law, Bert Mackey,
had his life insured for $4,000 pay
able to Mrs. Smell at his death. He
was discouragingly healthy. One James
Virgins and character known as
Dr. Brown, a chum of Virgins, were
on familiar terms with Mrs. Smell, it
was claimed. These two men enticed
Mackey to a lonely spot and Wig
gins shot him from behind. The men
thought he was dead, but he recovered
and upon his evidence the assailants
were arrested and convicted. Wig
gins got 20 years in the pen and Brown
and the former has applied for a par
don.
There was no very strong evidence
connecting Mrs. Smell with the mur-
der except that she was the benefc-
iary in the life insurance policy and
was known to be friendly with Wig
gins.
Mrs. Smell was quite wealthy. She
owned 1872 acres of land and house
and lot in Wooster. 1t is claimed that
her brother, Thomas Mowry, with the
aid OF Thomas. by representing to her
that she might lose her money If she
did not transfer IL to the brother in
duced the old lady to sign three cog
noyit notes aggregating in amount
10000. Soon after these notes were
sent, one to Stark county and two to
another county and judgment taken
Mrs. Smell saw the scheme to de-
fraud her and told the story of the
securing of the notes. She contested
the payment of them.
When the case came up for trial
Attorney Thomas denied on the wit
ness stand that he had anything to
do with the making of the notes. 1t
was claimed that he perjured himself
and he was indicted by the grand
Jury.
When he came into the Jurisdiction
Uf the Stark county courts he was
under $500 bond, but Judge Harter
raised the amount TO $500.
Thomas was at one time disbarred
from practicing law by the common
pleas court, but later was reinstated
by the circuit court.
Attorney Atlee l'omerene. ex-prose-
cutting attorney of this county will as
sist Prosecutor Weygandt In the case
when it comes up for hearing.