The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1906-03-20
Final Statement.

Joseph J. Burk, his newly made friend,
must spend the remainder of his life
behind prison walls.
Their second degree murder verdict,
which means Imprisonment for life
was returned shortly after 4 o'clock
Thursday afternoon, after they had
been out since 11:2S o'clock Thursday
morning. There is no doubt the YER
dict was surprise to many who be-
lieved that the accused would not be
convicted of anything more serious
than manslaughter, for which he could
be sentenced to serve 20 years in the
penitentiaIy at Columbus.
A MAN OF NERVE.
Stevens, the man of nerve and re-
markable self-composure, sat notion
less as the verdict was read by Dep
uty Clerk Agler His face did not
rhange expression, and he did not even
bow his head. Bravely and courag-
eously he met his fate like the trained
soldier, he admitted on the stand, ne
has been for. several years AS he
walked from the court room, accom-
panied by the deputy sheriff, he NUT
Ltltu, DluTueT III -lDt second degree,
but made no comment at the time.
He did not smile; nor did he weep.
AS he looked the jurors square in the
eyes he did not falter and seemed
unmoved by the gravity Of the most
crucial situation in his long career,
punctuated as it has been with the
scenes of bloody battlefields and hun
dreds of dead soldiers. If there was
remorse in his soul it was inwardly
and no outwardly sign was visible.
But he did not feel and realize the
horror of the situation, he said after
wards, and his heart began to beat
radidly.
NEVER LOST HIS NERVE.
Stevens has seen both sides of life
the one with sunshine and the one
with rain. He has learned to main
tain stole demeanor that is moth
ing less than remarkable. During the
three days he was on trial he never
lost his nerve. Sphynx like he sat be-
side his counsel, with his eyes fixed
on every witness. Occasionally he
turned to pat his little son on the
cheek, only to return to his former
position to watch the progress of a
trial that meant either liberty or inn
prisonment for life.
He was unmoved by the black pic
ture of his past life which Prosecutor
Upham painted before the twelve men
who sealed his fate in a single SEN
tence, guilty of murder in the second
degree" And severe arraignment
il was that Stevens received. Few
men on the witness stand of Stark
county have undergone such a rigid
and unrelenting cross examination as
did this man, who admitted in open
court that he snuffed out with a deadly
weapon the life of human being
but in self defense.
A SCATHING ARRANGEMENT
For about an hour Prosecutor Up
ham stood before the jury and scath-
jngly arraigned Stevens as the cold
blooded murderer of Burk and appeal
ed to the jury to conceive, if they
could, of any killing more deliberate
and more cold-blooded than the slay-
ing of Burk. He declared in a loud
voice that Stevens could thank his
stars he was not indicted on a charge
of murder in the first degree, as he
felt sure he would have been had the
facts that come out on the trial been
disclosed before the grand jury.
CASE OF SELF-DEFENSE.
When court reconvened at $3.50
o'clock Thursday morning Attorney
Snyder continued his final argument
to the jury. In introduction he defined
the words purposely and maliciously.
Self preservation he said, was
the first law of nature He
claimed the facts justified the killing
and that the states theory was in
consistent. They sought to deny the
fact that Stevens was attacked and
In the next breath put this fact in the
foreground. Snyder attached much
Importance to the evidence of Coro-
ner March and the attending physi-
clan regarding the angle at which
the shot went into Burk body. This,
he said, indicated that Burk did not
grab the gun to prevent Stevens from
shooting him but to shoot Stevens.
Snyder said that because Stevens Kill
led Burk was no reason why he should
be charged with murder in the sec
Ond degree. He impressed on the
jury the statement alleged to have
been made by Burk generating Stev
ems from all blame.
POMERENES ARGUMENT.
In opening his final argument At
torney Pomerene brought up the ques-
tion of the different degrees of MUIR
der and of reasonable doubt, The
court said this would be covered in
the charge to the jury, Attorney
Pomerene also insisted that the pre-
ponderance of evidence must be on
the side of the prosecution in cases |
where the shooting is done in self-de |
fense. The court said it would so
charge.
Some killings, he said, were justi- |
fed where the life of the killer was
endangered. He quoted an authority |