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title: 'The Stark County Democrat. (Canton, Ohio) 1833-1912, February 22, 1907, WEEKLY EDITION, Image 1',
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TOIj. 74. NO. 15.
CANTON, OHrO. FRIDAY, FEBRUARY 22, 11)07.
ONE DOLLAR PER YEAH
LISBON G0UR1 ROOM RANG WITH
ATTORNEYS' ELOQUEN T APPEALS
Baohtei's Case Will Go to- the Jury This Morning
After Judge Hole Has Charge the Jury.
Welty ScoredMtie Directors.
JPHAfS VIVID SKETCH OF BLIGHTED HOMES
v (Staff Sjeclal.)
Lisbon, O., Feb. 20. la tho trial of
ex-Banker Bachtol, only one final
move, remains to be made. When
court convenes tomorrow morning
Judge Hole will charge the Jury and
the Jurymen will retire. It la predict
ed that the Jury win not remain out
long but those who are experienced in
the work of Juries know how futile
it Is to accurately estimate Just how
the little band of twelve will regard
the Issues, or whether they wllLspend
a long or short length of time In their
The arguments of the attorneys were
concluded Wednesday afternoon. Pros
ecutor Upham concluding the final ar
gument a few minutes after 5 o'clock.
Judge Hole then dismissed court.
RANG WITH ELOQUENCE.
Tho little court room at Lisbon
rang with eloquence today. It rang
with Stark county eloquence; with
eloquence and logic that tvouiu do It
self proud and vindicate its right to
be heard in any hall In the land. The
mental power of four men, equally
divided and focused upon two dividing
Issues, mental forces that could be
foU'ftS well as heard In tho working
out of the destinies of this lawsuit,
adroit charges and counter-charges
of argument, frequent sarcastic and
bitter arraignment loyal and logical
JleenseijUMollo'wed with the swift
"ajJTStereatlrig ;change of scene and
EentimonC which 'Becomes so, vitally
absorbing when the-play is for a stako
that represents either the life or the
liberty of man.
A. FAMILY GROUP.
Through the absorbing scone sat ex
Cashiar ' Bachtel, his face denoting
great interest and many times letting
slip the secret of the man that he
was almost constantly enduring men
tal pain. Baohtel was butressed for
tho ordeal by his wife and child, a
little girl less than two yearn old, and
by his sister, all of whom surrounded
the accused man, formlnga family
group, that seemed to utter Its quiet
defiance at the accusations that were
hurled from the lips of the statuesque
Upham, the lithe, ponetrating and
.often scathing Cralne.
Attorney Slddall's speech lasted for
over an hour.
' Attorney Cralne, when he confront
ed the Jury, seemed to have grasped
at a single handful!, all of the Im
portant points which tho state has
made. He seemed equally as well to
be aware of every weak spot In tho
armor of the defense and against
.these flaws he directed a fusilade that
often made Bachtel gazo at the Jury
with fear In his eyes and manner, it
seemed for awhle that Attorney
Cralne hardly thought he had time to
pause and be eloquent, so bent was
ho upon presenting to the Jury what
ha rafTurrinrl nit t.lm harrl. hiirp. facts
deduced from the evidence againsT
Bachtel. "I do not wish to neap cal
umny or vlturperation upon the head
of a prosecuted man," he said. "Tho
facts which the state has brought out
with poor or defective lumber is an
impossibility. Tho quality of the lum
ber determines tho value of tho build,
lug, no matter how much it is hidden
with paint. Let us glvo you a few
POINTERS ON LUMBER.
Come in and tell us what you want
CANTOIY LUMBER CO.;
W BOPP W gg
122 West Eighth Street, Canton, 0
Kino Imported Wlna, LlquoraandOlcart.
are lucid, and It seems to mo that
Just as they stand, they are very
weighty and most mightily convinc
ing. The main point at issue is, did
Cashier Bachtel make a false entry
and did he make a false report to the
auditor of the state, of Ohio, and if
so did he do these things wilfully and
knowingly.' These are tho basic prin
cipals of the case, and not only that,
they incorporate every issue in tho
case, and upon them, tho case must
stand or fall."
The attorney then rapidly enumerat
ed the evidence and applied each part
to its proper component part. Through
his entire argument he apportioned a
plentiful sprinkling of a skilled law
yer's logic. Only a few times did
Attorney Cralne assume the half trag
ic poso so common to attorneys In
such cases. Once he mentioned the
family of the accused. He spoke with
sympathy and feeling.
"I wish every man who contem
plates wrong would think of his
friends, would think of his rolatlves,
his wife and his Innocent children,
before he proceeds further than the
mere contemplation. I wish heartily
that men would not do wrong. I
wish that men who hold positions of
trust would always hold themselves
worthy. I wish that when a man has
to suffer for his wrong-doing, that the
sufferings of his friends could bo com
muted. I wish that injustice could
more generally applied, but I hayent
time to argue these questions nor to
plead their Importance; I have ttniy
time to present the Issues of, this case,
wherein a man is charged with com
mitting a crime for which ho should
suffer if guilty." The argument of
Attorney Cralne did not conclude un
til every phase of the case seemed
to have been dwelt "upon to just the
RUBBISH IN CASE.
Attorney Welty, after a few pre
liminaries, said in part:
"There seems to be much extran
eous matter that has becomo connect
ed with this case that Is pure rubbish,
"When the Canton State bank was
started, the directors had-no more ex
perience In the banking business than
the members of this jury. But, they
Immediately became promoters. They
wero so closely cemented together that
not one of them could assert his own
"On the first day of buslnoss, be
foro the bank had fairly gained the
breath of life, they loaned more mon
ey than the law allowod. Soon after,
they said there must be no ovecdrafts.
And, upon tho day followlngeach one
of them overdrew his account. Not
withstanding all of this, they did
nothing criminal, except possibly,
when they closed the doors of tho
bunk. On .that day they needed men
of experience in the banking business,
but in the entire list of directors,
there was not one among them who
was such a man."
During tho progress of his argu
ment Attorney Welty frequently talk
ed 1 1n a way that was mystifying.
While his argument was clear and
open, he frequently alluded to some
of the directors of the bank in a man
ner so delicately sarcastic that a
listener could scarcely detect the sar
casm. As an Illustration, the attor
ney spoke of some of the directors as
being "honest" men. He thus spoke
of Zollinger and Pomereno, and even
of Brant, who he said was his partic
ular friend. Yet he emphasized the
word "honest" with a cynical cadence
that was as grimly humorous as It was
hard to notice.
MADE THE SCAPE GOAT.
Continuing, the attorney said: "As
for Bachtel, they never cast the sha
dow of a blame on him until after the
bank "failed. They waited until the
bank failed. They waited until tho
dark nours came before he was an
athematized and. condemned. Then
he was made the scape goat of them
all. 'Bachtel has the goods on him;
he Is the man' to suffer.' was tho ar
gument of theso directors."
After deviating to tho entire field
of testimony and elaborating upon the
alleged ill treatment of Bachtel, At
torney Welty said of Davis:
"Did not. each and every director
testify that he believed Davis and his
companies perfectly solvent? They
treated him the same as their other
creditors, and why shouldn't they?
It was to tholr Interest that Davis
should bo helped.
"Of Dr. Brant, I haven't a better
friend in the cly of Canton. Yet 1
say of him that his memory Is sadly
at fault. I ask him not to say tiiat
he Is not Interested In tho outcome
of the case. And It .IS tho same with
all of them. Gentlemen, If you were
defendants in a damage suit in which
$100,000 is claimed because of alleg
ed negligence on your part, as these
men are In the courts of Stark 6oun
ty, would you not bo interested?
"Did not tho whole board have faith
in Bachtel. Did they not select him
to succeed himself each year. Take,
for Instance, Atlee Pomerene, the
gentleman who made the grand stand
play on the witness stand, didn't he
vote for Bachtel? Yes, and he Is one
of the conscientious directors. Take
Zollinger as another honest director
and remember what he did to Bachtel
In the basement of the bank. Why
didn't Zollinger get mad when ho
voted a Hue of credit for himself that
was moro than the law allowed? That
is tho kind of directors the Canton
State bank had.
DID NOT DECEIVE.
''I claim that It hasnot been shown
that Bachtel wanted to deceive; that
ho had any intention of deceiving.
(Continued on Pago Four.)
Not Guilty to Charge of Receiving
Stolen Goods Gave Bail to
Appear March 2.
Jacob H. Fralley, charged with tho
reception of stolen g6ods, appeared
brjfore Mayor Turnbull Wednesday
morning for a preliminary arraign
ment. Assistant Prosecutor McCulloch
and Pollcer Prosecutor Day were also
Tho affidavit was lengthy and' en
tailed a description of all the silver-
.warp stolen from the. hom.e-t-Mi
Houser, of Akron, with tho reception
of which J'railey is directly charged.
After the reading of the affidavit Fral
ley entered a plea of not guilty. Tho
preliminary hearing was set for March
2, and the bond was fixed at $500,
which was furnished.
The reason for postponing the hear
ing for so long a -time Is that Attor
ney John C. Welty, who is to repre
sent Frailoy, is busy with the bank
trials at present and will not be able
to handle the case previous to that
From the present modo of proceed
ure it is apparent that the authorities
intend to handle one case at a time,
as no arrangements have yet been
made to investigate charges of police
protection which have been made
against former officials and officers.
Annual supper. First M. E. church.
Why go without your glasses fifteen
minutes just because you have broken
a lenso, when it can be replaced in
ten "minutes by us. Walter H. Deuble,
opp. court house.
Two bands at Olympla Rink toiflgfit.
500 Tapestry Curtains
In stripes, floral stripes, Bagdads,
Japanese, Ottoman, Gothic and pure
silk crinkle curtains; factory sale
ends today. The Klein & Heffelman
- Today le the Last Day
of the W. T. Smith & Son Mauufac
turorers' sale of rugs and, tapestry cur
talus; 2nd floor. The Klein & Hef
felman Co. v
"Tho Delmont," E. Tusc. & Piedmont
"P6p" Concert Sunday at Auditorium.
Fiala Military Band assisted by Mlsa
Nellie Elder, soprano. Sunday after
noou at 3:30. Admission 10c.
In a Hurry?
Take thru limited cars to Cleveland.
A Good Pop Concert
At Auditorium next Sunday afternoon,
3:30. Miss Nellie Elder, sweot voiced
soprano, and Flala's Miliary Band.
SEE SPECIAL ANNOUNCEMENT.
MacKenzle & Bell opening sale of
finest new Spring Muslins on page 3.
Graduate of the McCormlck Optical
college, with the Boyle Optical Co.,
201 W, Tusc. St.
A. J. Douds A Son. Dentists, Tel. 237.
- Limited cars, 'Canton to Cleveland.
SPENT ENTIRE DAY
ON STAND. ,
Jerome Treated Witness
Story of H'er Poses Told
by Witness Was Never
New York, Feb. 20. Evelyn Nesblt
Thaw spent the entire day under the
Are of the district attorney's cross
examination today in the Thaw mur
der trial. Mr. Jerome's questions,
while searching and varied, did not
appear to bring out admissions that
now seem damaging to the defendant's
case. It was established by the cross
examination however, that during a
great part of tho year 1902 Evelyn
iNesblt was receiving $25 a week from
Stanford White and the district at
torney tried repeatedly, though vain
lv. to cet the voune witness to ad
mit that there was an agreement that
she was to receive that sum every
week of that year when she was not
emnloved on the stace.
She Insisted that she did not know
of any such definite agreement. She
was told that a sum of money had
been deposited In a bank for nor. by
Stanford White and she could not re
member who told her or much about
tho details. To prove that Stanford
White had paid Mls3 Nesblt money
all through the year 1902, the district
attorney offered in evidence numerous
checks drawn upon tho Mercantile
Trust company in favor of Evelyn
Florence Nesblt, and got the witness
to identify the endorsements on them
ras having been made by her. Most
of' thorn were for $25 each, some for
?3Qf and ono or"Two for $50.
The district " attorney wanted to
know many things about the former
male acquaintances of little Mrs.
Thaw. He got her to say that she
and her mother had gone on a yacht
ing trip with the late James A. Gar
land, formerly editor of the mew Eng
land Magazine, and he then asked her
what she know about being named as
a co-respondent In the Garland di
vorce suit. This line of inquiry was
not allowed to proceed further, the
court sustaining Mr. Delmas' objec
tion. It appeared from the testimony
that the witness knew Garland before
she met White.
The little witness was asked many
questions about how she came to
know Ted Marks, the vaudeville agent,
and George W. Lederer and she an
swered with freedom and apparent
frankness. Nothing In the testimony
Illuminated the object with which
these questions were asked. The dis
trict attorney introduced several pho
tos of the witness in costume and got
her to identify them. Several of
them were taken she said, when Stan
ford White was present. In these pho
tos she appears either In evening
dress or in a kimona. The apparent
object of showing these photos to the
jury was to let them see that there
was a time when she did not weay
the childish garb with which she ap
peared at the trial. Mr. Jerome aked
her about the costumes in which she
had posed (or various artists. She
told him thnt she had sometimes
worn draperies and pretty low cut
gowns but had never posed In Immod
estly scanty attire. There was a mo
ment of tensity when the district at
torney betrayed apparently by acci
dent, that some of the questions he
was asking Mrs. Thaw were based up
on Information received from her,
mother, Mrs. Holman.
"Is it not true," asked Jerome, con
sulting a paper ho held In his hand,
"that there was a man in New York
applying for a divorce, James A. Gar
land, and 'I was constantly, quarrel
ling with my daughter?' "
But Delmas was up like a flash to
head off this statement of the moth
er of the witness. He insisted that
it was improper to inform the jury
that Mrs. Holman was making this
statement when the fact was not in
evidence. The district attorney end
ed the incident by stating that it was
an inadvertence on his part. All the
same, nobody thereafter had any
doubt that Mrs. Holman had done ev
erything she could to upset the case
of her son-in-law, short of actually
appearing in court.'
Some llnht on the feelinc between
Eyolyn Nesblt Thaw and her mother
was shed when Mr. Jerome asked tho
witness if she had not been very un
ruly in the spring of 1901 Just after
she had come to Now York, and if hor
mother had rot '.uck to her in spite
"No, indee'd," declared the witness,
with the first Indication of temper
that she has displayed since she first
appeared ns a witness.
What Thaw thinks of Mrs. Holman
has been sufficiently Indicated by cer
tain parts of letters of his that have
already been placed in evidence. The
district attorney seldom showed any
acerbity or approach to harshness In
his handling of young Mrs. Thaw. His
questions were nearly all addressed
with an Impersonal air.
Mrs: Thaw indicated the possession
of a pretty good forgettery on most
points not covered by her on her di
rect examination. She probably said:
"I don't remember" more man a hun
dred times during the day. Even
when Jerome ondeavored by the pro
cess of elimination to get her down
some where near exact dates or per
iods he met with slight success. This
was particularly true of the night in
volved In the most critical part of tho
terrible tale she told the jury the first
day she took the stand. The district
attorney got the witness to say that
the night of her alleged ruin by Stan
ford White in the West Twenty
fourth street apartment was the next
one after she posed for several photos
in the East Twenty-second street stu
dio. But tnat did not help him much,
for he couldn't by any means get
her even to be certain of the month
in which it took place. She thought
it was September or October, 1901, but
she could not be positive it was not
November though she was certain it
wasn't December. She had no Idea
what day of the week it was, nor
whther there were two performances
of "Florodora" at the Casino that day
or only one.
On the statements she made in her
direct examination, however, the little
witness' memory could not have been
better. Several times she corrected
Mr. Jerome In his statements of things
she had said in that story.
'.'Now about that day in tho East
Twenty-second street studio, when Mr.
White had luncheon sent in?" be
gan the district attorney.
"Oh, I didn't jsay luncheon I said
food," corrected tho witness naively.
11 POSTAL CARD
Got John E. Palmer Into Trouble
With the Postal Authorities.
John E. Palmer, well known in this
city, was takep to Cleveland at 4:35
yesterday afternoon to appear before
the federal court on a charge of vio
lating the postal regulation. He was
arrested at noon at the reque3t of tho
postal authorities by Patrolman Rohn.
Later Deputy United States Marshal
Schwenlner of Cleveland took h'm to
Palmer sent a postal card to a wo
man living on Ninth street whose
name could not be learned, requesting
paymen: fo" his services in hanging
wail paper. He alleges that according
to the agreenlent he was to get his
money as soon as the work was com
pleted but after making several fruit
less trips, sent a postal demanding
What the language was has not
been given out, but the woman took
tho card to the local postal authorities
and they at once took action with the
result that an indictment was found
against Palmer by the federal grand
Hoke Smith Named.
Washington, Feb. 20. Hoke Smith,
governor-elect of Georgia, was tonight
placed in the field as an alternative
caudidate for the presidency at a
banquet in his honor at tho Shoreham
by Representatives Bartlett Lee and
Hardwick of Georgia.
Annual dinner. First M. E. church.
I. D. Lovett's Lease Expires March 1.
Negotiations failed to secure a
large room near center of city. A rap
Id sale must eusue on pianos, play
ers, etc. ' Wo must get our large
stock into small temporary quarters
by March 1. I. D. Lovett, the Audito
rium, Canton, O. Open till 8 p". m.
Two bands at Olympla Rink tonight.
With Each Upright Piano
A handsome music cabinet fieo at
The Klein & Heffelman Feb. sale of
21 meals $3.50. "The Delmont."
Direct from the Factory.
500 tapestry curtains and beautiful
line of rugs, factory salo ends to
day. The Klein & Heffelman Co.
Flala's Military Band
and Miss Nellie Elder at Pop concert
Sunday afternoon. Admission 10c.
, Opou day and night, "The Delmont."
LATE OHIO SPECIALS
Columbus Though RoyKnabenshua
and other aeronauts offered their ser
vices, the state board of agriculture
decided not to have any airship
flights at state fair this year.
Dennlson James Brandon, aged
citizen of We3t Chester, committed
suicide by hanging himself in barn.
Poor health said to be cause Left
an obituary in his own handwriting
prepared just before he took his life
Xenia Robert F. Douglas, member
of Greene county bar, prominent In
Democratic circles in sixth district,
died suddenly of heart failure follow
ing fall on ice in which left leg was
broken a week ago.
Elyria Rich aunt in Dover, Eng
land, died recently and left Mm E. S.
Carter,, -s? this city, legacy of $14,000.
She has received first installment
and will receive yearly income for
DEMENTED MAN HAS
CANTON BANK BOOK
Cleveland, O., Feb. 20. A man sup
posed to be demented and who gave
the name of Albert Laine, called at
Lakeside hospital today and' said lie
was looking for his sweetheart. He
also asked that he be given treat
ment. Nothing wrong could be found
with him, except his mind. He had
$950 and a gold watch in his posses
sion besides two bank books, one of a
Detroit bank and the other on a Can
ton, O., bank. First he said he stay
ed in Detroit and later he said Can
ton. The police are holding him in
the hope of locating his rolatlves.
SKEELES REFUSED OFFER
The mayor, city solicitor, city engi
neer. Attorney Piero, Contractor John
Skeeles, met with the board o'f public
service Wednesday morning to adjust
the East North street trouble, the
property owners claiming a rebate due
them on the contract price. Piero,
who is representing them, claims that
inasmuch as the contract wtf. not com
pleted on time and shale prices were
charged for the excavation of ground,
a considerable rebate is due.
After the discussion the board made
'Skeeles a verbal offer of $50C31 for
the work which is $445.85- less than
the amount ho claims, and the offer
was refused. Tho board will now
send him a voucher for the amount,
and unloss Skeeles accepts It he will
bo obliged to bring suit In which case
a counter suit will be brought by the
city on the above grounds.
Damage Case Settled.
Mlllersbure, Feb. 20. Tho case of
Harry Murray vs. the railroad com
pany, which has been tried twice with
$4000 and $8000 verdicts reversed in
the supreme court, has been settled
by the company paying $3500. Murray
lost a leg at Orrvllle some three years
Liverpool The steamer Teutonic
and other liners scheduled to sail
have been unable to leave port on ac
count of the Severe storm that pre
vails. Milwaukee Fritzi Scheff, famous
commedienne and singer, very ill with
grip at West Baden. Ind.
Hear Miss Nellie Elder
The soprano who made such a
big hit iu "Pinafore." At the Sunday
Pop concert, Auditorium.
Dinner, Supper and Bazaar.
For a good turkey dinner go to the
First Methodist church Washington s
birthday, Feb. 22. Dinner 50c S ip
Store rooms for rent; phone 103.
-"Hirer of Office and Store Fix
? A all kinds of Fne Woodwork
4 J3 South Market Street.
Stark Phone 149.
as added forty new large rooms,
lew furniture, steam heat, electric
light, baths, telephone, hot and
cold running water In each room.
Rooms, $ I to $ 1 .50 per Day-
Single Rooms, $3.50 per
Double Rooms, with bath,
$5.00 per Week.
BAR AND CAFE
Service now uuiurpnisable. Uiulneu
Men's Lunch from 11 A. M. to 2:30 1. 51.
240 E, Tusc. Sti w. i. uiwiiuKcuit,