The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1906-03-16
FATE OF STEVENS
Continued from Page One)

ground that it was incompetent. The
court held that 1t could be shown
what reputation Burk had for peace
ableness, but not by any declarations
made by the dead man. Anything
told by others might be introduced
to show the general reputation or
Burk. Then Attorney Pomerene re-
peated the question.
What, if anything, was said by
Burk on Sunday regarding his repu-
tation for peace and quiet?" Pomer-
enc asked.
The question was ruled out for the
present.
ATTACK BURK'S CHARACTER.
BY Stevens evidence on this subject
the defense expects to show, accord
ing to Attorney Pomerene, that Burk
said he had never been shot, that it
was a wonder he had not been, as
he had been implicated in number
of fights, that he had been arrested
several times for being implicated in
scrapes and that he was a bad man
when under the influence of drink.
Stevens told of going to Osnaburg
with Burk. Then they had a drink OF
Whiskey. They also brought some
back home, together with some meat
and coffee. On their return they HAD
breakfast. Later Burk picked up the
axe and sledge and Stevens a cross
cut saw. They then proceeded to the
log. Then they began to saw.
"Eizenzimmer called to me and told
all IN, Sc
lot, continued Stevens. "Burk want
ed drink. He said he would quit
il he didn't get it. Burk said, you're
no good son of a -. Do you think
I'm a common mucker like your
said no sir Then he said he would
kill me with an axe l said, "a big man
like you wouldn't hit little man like
me with an axe. would you? Burk
said yes, | would, you - -
Then he picked up the axe. / went
TO the house to get the bride for the
mule, which had got into another
mans lot. At the same time | got the
gun and five cartridges. Eizenzimmer
was in the house at the time Then
j went out to the stump to get my
mules bride / was not excited at
that time and was not under the in
fiuence of liquor. Later / started to
go for the mule
STOPPED BY BURK
"Burk was coming out the lane
when l first saw him, after getting
the gun. He came up to me and
says, Frank, where are you going
with that gun?' | told him / was 60
ing after the mule and then going
hunting. He grabbed the gun. / said.
don't touch that Joe, it has load |
in it, He said, want a load in it;
] am going to kill you. You're a no
would not give me a drink ] said
don't do that, Joe, you can haye all
the whiskey that is left He said, III |
kill you anyway. You are no good |
- - -.
I'm the scuffle l got down on my
Bnees. When / thought he was about |
TO get the gun from me | pulled the |
trigger. Burk turned around once and |
fell on the ground. / said, didn't |
want to hurt you joe Burk said, i
know it was not your fault. It was
booze, booze. Don't let me die here
like a dog"
Stevens said he was not angered at
the time and had never used bad
word" against Burk Afterwards ne
and ,Piero and EiZenzimmer carried
Burk into the shanty. There Burk,
according to Stevens, again said he
tStevens) was not to blame. After
,yla SNF I
Stevens got it for him and later a
drink of whiskey. Then Stevens ask
ed Burk to tell how the shooting hap
pened as there were no witnesses.
Burk said, 1T was my fault, Frank,
you were not to blame. If / had not
taken hold of the gun it would not have
happened"
Afterwards the physician and Police
man Piero arrived. Stevens could not i
remember much he said to them, as
he was badly intoxicated He said the
whiskey took effect in few minutes.
Everybody was asking him questions, he
said. Stevens could not remember
saying, lin there lies the - -
- -" pointing to where Burk
iay. Witness denied telling Eizenzim-
mer he would not allow anybody to
run him off the premises with an axe.
STEVENS DENIES INTENT.
Witness was asked concerning his
talk with Al Piero. He denied saying
he chased me with an axe and |
went and got the gun and shot him."
Witness said his remark had not been
properly understood.
Then the cross examination was TAX
en- up by Prosecutor Upham. Stevens
said he first went into Bailey's place
with Burk and got a drink of beer
Then they went to livery stable,
and later to Kennedy's place, where
they had another drink. Again they
stopped at wholesale liquor house
and later went out to Eizenzimmer's