The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1906-03-16

nun. WlIneSS SAID stevens advised
him to get physician. He told of
carrying Burk into the shanty. Ste
vens and AL. Piero helped hold up
the body. Witness said Stevens in
sisted on Burk making a statement
generating him from blame. This
Burk refused to do.
DID NOT BLAME STEVENS.
Al. Piero, the next witness, told
practically the same story. He said
that while Burk lay on the ground
suffering great agony, Stevens came
up, took Burk by the shoulders and
pulled him around, facing him three
times. He wanted BurlS to exonerate
him. Finally Burk said, MY God, can't
you let me rest; you know it was not
your fault" Piero said that after
Burk had been taken into the shanty
and made as comfortable as possible,
Stevens was asked why he did the
shooting. Stevens said: "He ran me
out into the field with the axe and l
came into the shanty, got the gun and
killed him. :.
al OItINE1 > in 11lIl.e
There was a tilt during the after
noon between Prosecutor Upham and
Attorney Pomerene regarding the ad-
mission of a note book of Witness
Piero,. which contained certain declar-
atoms made by Burk and Stevens.
Upham objected to the book being ad-
mitted on the ground that it was
intended to impress certain things
strongly on the minds of the Jurors.
If this is admitted it will establish a
dangerous precedent" declared Up
ham. ut will enable any person to
make memorandum on occasions
like this to make his evidence stronger
and more forceful and effective than
that OF other witnesses who might re-
ly entirely upon their memory"
The court reserved decision on the
question for the time being. Much
that the book contains had already got
into the record.
DR.. James Fraunfelter, who attended
Burk, told of the victims death. He
said Burks death was due to a shot
gun wound in the abdomen. The wit
ness said Stevens said he did the
shooting in self defense and that it
was not a murder.
FOUGHT FOR GUN.
Stevens said they were saving with
a cross-cut saw. They had some trou-
BILE and Burk, he said, grabbed up an
axe and chased him. Then ,Burk ran
into small shed and got gun. Af-
terwards he went out. They met short
ly. Stevens said Burk grabbed the
gun, compelling him to shoot to save
Stevens expressed the opin-
ion that Burk would kill him if he
did not kill Burk. Stevens stood over
Burk and endeavored to get him to
explain about the shooting. Burk
would not say anything about the
cause of the shooting. He merely said
he was member of lodge of Eagles
and gave the number of his lodge.
Afterwards he died.
SHOT AT CLOSE RANGE.
On cross examination DR.. t'raunfeI-
.er said he believed the gun was held
low and fired at an angle He
Jaw no gun powder marks on Burk's
He could not say how close
he gun was to Burk when il was
The witness thought it
'ould not have been more than
DOT from Burk's body. Stevens SEEM
ID to be most anxious to convince
hose around Burk's bedside, including
he witness, that the shooting was
lone in self defense. Stevens ap-
reared to be under the influence of al
,ohol.
A POLICEMAN'S STORY.
Henry Piero, who arrested Stevens,
vas next called. He told of sending
he body in an ambulance. After ar
esting Stevens they walked over to
where Burk had been laying. Ste
ems told of the quarrel. He said
3urk uttered an oath and declared