The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1906-03-16
ted being sentenced to the Cantor.
workhouse.
THE DEFENSE RESTS.

| ly. In dramatic tones he declared that
the life OF the accused man, from ne IN
day of his birth, was subject to ex
posure to the world, now that he had
been charged with as serious a crime
as murder.
After the cross examination of Ste
vens was completed Mary Hess, and
Nellie Rublitz, two women, were call.
ed to testify regarding the barking of
the dog. which they say they distinct
ly heard. Barney Meuser, an Osna-
burg saloon keeper, testified to selling
Stevens and another man a drink.
Then the court stenographer was
questioned regarding the taking of
notes regarding the statements made
by Piero and Eizenzimmer soon after
the shooting. He wrote down his
own questions and answers. Cross
examined the stenographer said the
notes were not part of the coroner's
inquest and the statements were not
made under oath.
In rebuttal Prosecutor Upham in
troduced Edward Schirmer, of Park
ersburg, w. Va, one of several char
acter witnesses for the prosecution
He was not allowed to testify, and
the prosecution thereupon rested its
case, bringing it to a somewhat abrupt
and unexpected close.
1t was agreed that each side would
have two hours for final argument be-
fore the jury Assistant Prosecutor
Roscoe c. McCulloch made the first
part of the argument on behalf of the
state. He talked for nearly an hour
dealing most particularly on the evil
dence of Eizenzimmer and AL Piero,
the first men at the scene of the mur-
der. This evidence given at a time
when Stevens admitted he was per-
fectly sober should have much more
weight than the story of Stevens, who,
it had been shown, McCullocn said,
was in the workhouse, had been charg-
ed with former killing and numer-
Gus assaults of a grave character
His arraignment of Stevens charac.
ter was a severe one He declared
that Stevens was guilty of murder in
the first degree and that his act
was an atrocious one, as well as a
cold-blooded one.
MURDER COLD-BLOODED.
Il wonder if you men on this jury
can conceive of any thing more delib-
crate and cold-blooded than this kill
ing?" questioned McCulloch. Ste
vens, after the quarrel, went direct
ly to the shanty, got the loaded gun,
went out and shot down Burk in
cold blood, while Burk was appar
emily trying to get away Stevens
didn't tell all of this to the policemen
at the time OF his arrest. The rabbit
story was an after thought and is a
poor defense. 1t cannot excuse such
an atrocious act as this
Then McCulloch went into the past
police court record of Stevens for
the purpose of showing that he was
vicious and not peaceable and law
abiding. Therefore, he argued, Ste
vens' story could have little weight.
He severely scored Stevens and fire.
quently went over and tossed a bit OF
biting sarcasm and rebuke into the
face of the accused man, as he sat
there almost unmoVed.
Later McCulloch went into the other
side of the case and attempted to dis
cuss it's pathetic side. He told OF
Burk's aged mother and his five sis
ters, two of whom were in court in
mourning. He was cut off by objec
tons by Attorney Snyder on the
ground that these facts had not been
brought out in evidence. McCul.
was allowed to go free NAM there
was no telling how soon he might
commit similar crime, as his vicious
nature had been thoroughly shown by
MS police record and in the case at
oar. McCullocb's mSsterly address
wass filed with pathos in many
places and brought tears to the eyes
If Burk's two sisters who sat in the
court room.
SNYDER'S CLOSING ADDRESS.
In opening his closing address 10
The jury Jacob B. Snyder. one of the
attorneys for the defense, said he
would deal more with the facts in
he case than the law, which would |
be interpreted by the court. He laid
much emphasis on the declaration OF
Stevens to the police that it was not
murder Snyder admitted Stevens
record was not as good as it could
nave been but insisted that he could
not be sent to prison for the crimes
he may have committed in the past
Then he viciously attacked Burk's
declaring that his sof'
hands showed the character of a man
he was.
1t was not necessary for the jury
TO believe only such evidence given
by Stevens as may have been cor
roborated by other witnesses. He
said he did not care If they did not
believe anything else. Snyder refer
red in sarcastic terms TO the pres
ence in court in mourning of two of
Burk's sisters, denounced him as a \
so IonpEoanar and Vnicapobla hum