The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1904-06-10

ton was done with. When they went
to Quigley's house they found him,
Tiney and another woman there Nor
tensen went up to the accused man
and told him he was under arrest
Under arrest?" Quigley blurted;
what for?"
That's not necessary" Mortensen
continued Put on your coat and hat. f"
An hour or two later the same Off
GERS went back to the house with a
search warrant and it was then that
1iney gave Mortensen the description
of the gun. This description has been
practically what has held the two per-
sons. She said she was not lucky
enough to own a macintosh. Pros
ecutor Day then gave Roach the gun
found at the scene OF the murder and
asked him whether or not the descrip-
tion given by the witness was similar
in detail with the gun. Krichbaum
objected to the form of the question,
and also that the testimony would
lead more to conclusion when 1t was
only matter of probabilities being
dealt with. Day replied that 1t was
merely done to refresh the recollections
of the witness. He thought 1t was
clearly competent and that it went to
the very gist Of the matter from the
fact that the defense argued so strid-
emily against it. The court decided
that the question, in the way 1t was put
was incompetent.
On cross examination Piero put the
question of whether, when Mortensen
showed his gun to Tiney, she said
mo, this does not look like the gun. II
koach answered that she said 1t was
not as large gun. He said he could
not remember her saying anything
like that although he would not swear
to it,
did she also say her gun was dark
one?' Piero again inquired. II do not
remember her saying that, either,
Roach said.
William and Howard Taylor, broth
ers of the deceased. were next placed
In the witness box. Both said that
when they were talking to Quigley re-
garding the murder he remarked that
he did not know anything of the affair
until he saw it in the papers next
morning. The state then rested.
Krichbaum arose to his feet, and
with his voice growing more impas.
stoned every moment, said: "Tht
state has now rested and we of the de.
fense do not see where it would be
justifable to bind the defendants ovei
upon the strength of testimony shown
We have been ready to hear reasons
why they ought not be discharged
the court that crime was committed
and that there Is probable reason fol
the further confinement of these de.
PENDANTS. The state has not ever
shown that crime was done and this
Is the first thing that should be taken
into consideration. The first thing We
have is the gentleman lying in front
of Caldwells store. Then we have
hearsay testimony and later the stole.
ism of Taylor when he was told he was
about TO die. Are all these things
sufficient to hold these defendants
Things which are merely conjectures
1t is currently known that Quigley
had served term in the penitentiary
and If this thing had not happened
he would no more have been arrested
for the murder than you or /; and
undertake to say that there Is no court
in Christendom that would take away
his liberty upon such provocation.
when 1t comes down to solid ground
Taylor's second wife has a chance to
be more guilty than this couple, and
she has been let go, throwing the
blame on these two defendants. The
relationship existing between the two
boys, Taylor and Quigley, was of the
best. Taylor treated Quigley like q
brother and stood by him when al
most all others had turned against
him. Were Quigleys actions like those
of murderer when he saw Taylor
stretched out in the police headquart-
ers just about ready to enter the long
sleep in the narrow house? Quigley
begged him to speak but all of nc
avail. And then to think that Quig-
ley should have been his slayer but
about an hour before. What motive
would he have to kill the man? II
your honor wants to find a probability
In this case you must find a probable
motive. / tell you this bastard deed
Was done from jealousy, not robbery
II sprung Whence are born the emo
tions of fiends. And then is there
anything inconsistent with the tele-
gram business? Quigley was about the
only man in Canton who knew any
thing at all of Taylor's personalities
He knew Taylor had friends and rela-
tives in Pittsburg. He went to the
telegraph Office, was excited-and for
that, is he going to pinned?"
Turning straight to the mayor
Krichbaum conunued "If you love