The Stark County Democrat. [volume], April 20, 1899, Image 2

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

Image provided by: Ohio History Connection, Columbus, OH

                
srmaes
v
X.u.-ii
vmmajsjirn
m... i wyr
."
gsnarrnnrsspyi
'fr
'Ml
' 4
ARGUMENT
Over the Admissibility of Testi
mony Consumes Time.
TOIEY WE
sit nrmmnvi
His Converdations With Mrs. George, as Her Attorney, Is Desired
By the State.
THE DEFENSE CLAIMS
After a Half Day's Adjournment tho Trial Proceeds Rumors That the State
Has Found New Witnesses Are Ailoat Defense Throws Ont a Sugges
tion Tint an Attempt to Prove an Alibi May be Made All
Burdock Burrs Do Not Grow In One Spot.
From Thursday's
Thee was a hunt of oxpectnnoy when
the nnruo of W. O. Werntz was colled.
Mr. Werntz U a lawyer, and It has bton
said that hs gave some testimony of a
fanaational sort beforo the grand jury.
Mr. Werntz was not In the court room
when first called. He entered the etnnd
at 0:10. In answer tn questions by Mr.
Pomerono, Mr. Werntz said:
"I havo known Mrs. George for three
years. I met her first in tho olllco of
Sterling & Werntz. Mr. Sterling and
I'were associated till the 3rd of last July.
Elnce that tlmo I have seen Mrs. George
a number of times. I remember tho
occasion of SBxton's death. I was In my
office. On Mondny of that week I saw
her twice, once at her residence and
again at my olllco. There was an at
tachment suit In behalf of Mrs. Flndlny
against Mrs. George. I had a talk with
Urs. George ntont Mr. Saxton at her
home that day."
"What was that converfatlonf" asked
the prosecutor.
"Iclilw a prlvllospV'sald Mr. Werntz.
Thon the question of a confidential
relation between attorney and client,
which had been anticipated, arose. Mr.
W city contendeJ that Mrs. George con
sulted wltress at that time about some
actions that were then pending. Mr.
Pomerene wanted to snow thnt the con
versation had a bearing on this case. He
said that they woLld claim that ther is
so such a thing as a confldo' tlal lolatlon
when a crime Is contemplated.
Witness was asked some questions In a
preliminary way. He said he was coun
sel for Mrs. George In tho attachment
case and In u peace proceeding pending
In probate oiurt, in whloh Mrs. Alt
house was tho complaining witness. Mr.
Welty crosfl-exnmlned Mr. Werntz con
cerning his professional relations with
Mrs. George. Mr Werntz sail ho was the
general attorney for Mrs. George nnd
thnt he was Interested as counsel In the
injunction oiee nnd In other cases at tho
time he talked with her, and the consul
tation was with reference to nil the
cases. There was no one present save tho
attorney and his client nt tho time of the
conversation.
The counsel for the stato then related
to tho court, not In the henrlng if tho
jury, what It wns expected to prove.
The admissibility of the testimony was
argued nt length. It wns stated by Mr.
Werntz, when he left tho grand jury
room, that ho had been naked by the
prosecutor concerning n conversation
with Mrs. Goorge, In which she Is alleged
to have suld thnt she would go to the
Althousa premises at some time nnd
-would make a dlstubance. It Is rnld
also th-t she told blra she had a revolver.
It was evldonco of this sort tint It wns
desired to admit and on which argument
was made.
On behalf of the defoneo Mr. Welty
arjued that whUever was said thero was
laid In connection with coses then pend
ing. These oases will to rrought into
this lawsuit es stowng th relations ot
Saxton and Mrs. George, and that, ac
cording to Mr. Welty, makes them a part
of this lnwsult. It was contended that
tho convocation sought to be in trod need
was a part of a general conversation that
was a privileged comunnlcatlon between
attorney and client, and that a portion of
tho conversation could not bs culled out
and used agnlust an accused without
giving tho whole conversion. The
etntoraent nlono might appear to lie dam
aging, )et whon taken with other conver
sation that took place would appear in
nnothor light. Of tho other conversa
tion there 1b no question. It was priv
ileged, Therefore tho qnestlon as to
Whether it wero fair to tako oat a small
portion ot the conversation was perti
nent. On the part of the statu it was chimed
thnt the defenso might bring oat as much
of tte conversation as it wantod, yet noed
, not bring out any of it.
Mr. Pomerono argued that it was not
privileged for a party to tell of a con
templated crlico. After the crime la
committed, and the party accused sees an
attorney and malum statements,, confes
sions or cot, with a tlow to employing the
attornoy, It is privileged.
Mr, Grant argued on behalf of tho
state also to show thnt the Intended
et&taments wore entirely admissible,
Ho read from authorities arguing that
fhoro can bo no privileged communion
tlon between ootiiuiel nnd client regard
Ing the proposed commission of a crime,
Tho polloltcr would become a party to the
crime or would have been deceived, lo
jwhlch owe the relation would not bo con-
"Mr, HeHi wm net feeling well, .and
ITN
THAT IT IS INCOMPETENT
and Friday's daily 1
Mr. Welty olnsed for tho
defenso on the
proposition.
It wns but 11:10 when the argument
concluded, nnd In order ti glvo the conrt
tlmo to examine authorities cited, court
ndjonrind to 1 o'clock.
THURSDAY AFTERNOON,
Judge Taylor Decides the
Law
Point and the Case
Proceeds.
Judge Taylor proceeded, ot tho opon
ing of thi Thursday afternoon session of
court, to decide tho law point raised and
argued before the noon adjournment.
Tho authorities cited were dUcussed.
Tho court called attention to tho fact
that not only the attorneys for tho no
oused object to the admission of tho con
versation between the councl nnd client
In this case, but tho attorney, Mr.
Werntz, to whom tho alleged privileged
communication was given, asked to bo
permitted to withhold the testimony nnd
declined to Rive It until ordered to do so
by the conrt. The court held that, on
the ground of publio policy, the very
moment the question of the prospective
commission of a crime arose, the con
fidential relation ot attorney and client
cojsed to exist, no matter what thoy
wero talking about before that. The
court said tho stue was not obliged to
bring out nil of n conersntlnn In chief,
but If tho defense dpslres they may
bring It out. The claimed privilege of
the witness was denied, and the witness
was rt called to the stand. This was n
substantial victory for tho state.
Mr. Werntz wis Interrogated by Pros
ecutor Pomerono.
"Wlere was the conversation?"
"Out where sho lived, on West Tusca
rawas street, in a room on the second
floor."
"Did you have a conversation with her
abont litigation with Mr. Saxtonf"
"Yes sir."
"Did you tnlk about ether matters?"
"Yes sir."
"What did she say to youf"
"Wo talked ttbout the Althouso case.
She said she was going out to the Alt
housa place to raise hell with Saxtou, I
told tor not to do It, and she said she
wouldn't. She asked mo what she coald
do to got her goods from Saxtou."
"Was there anythlcg else fold about
Hax-onf"
"You mean about raising hell with
him?"
"Yes sir."
" That was all nt that time "
"Mrs. George said she bad a double
aotlon BS-oillbpr revolver and that she
had It in her trunk. She pointed to the
trunk. She sold she bad bought tho re
volver In Chicago."
"Did you Bee tor again that dayf"
"Yes sir j at my office."
"Did you havo any talk with her about
matters pertaining to pending suits?"
"Yes; wo talked about the oiso be
tween Saxton nnd Sample 0, George"
"What did she say she would do with
Saxton "
"I objeot," said Mr. Welty.
Tfco same relation existed as in the
morning, hut the court considered tho
question competent.
"She said," witness answered, "that
when the case ot Sample- 0. Georgo was
settled, there would elthor bo a funeral
or a wedding."
"Anything else?"
"YtHj sho asked whether It would
make any dltTereoco in the disposition of
tho case If ehejshould kill Stxton first.
I told ter that she would better wait till
tho enso wero settled. She said If she
did shoot him she would make n good job
of It and would glvo him nil the bnllets
sho had. Bhif asked me if I thought it
would be a good plan to take two revol
vers, throw one at his feet nnd shoot him
with tho other. I told her that with nil
the threats sho hid made sho could not
make out a oaio of self defense. She then
Inquired if it would not be n totter plan
to shoot him and throw the guu away,
I told her to let Saxton nlono, and thnt
if she did anything llto thnt sho would
just get more troublo on her hands than
she had thon. I told her she lind two
bright boys, and If the hadn't any ro
spect far Saxton she ought to havo for
the bahnoo uftho family."
While this testimony was fcelsg given,
BTABK COUNTY DEMOCRAT, THURSDAY, APRIL 20, U99
Mrs. George watched the witness In
tontly. Sho know thnt this was probably
the critical period of her trial, nnd that
her llfo or liberty might depend upon It.
Whon referenoe was made to her "two
bright boys" to whom sbo is greatly at
taohol sho lowerod hor head nnd her
drooping eyelids made her eyes appear to
be closoJ. This was but momentary,
nnd It cannot bo said that sho lost her
oomposuro on account of tho weight of
the evldenco itself. It wns by odds the
strongest piece ot ovldonce the stato has
produced.
"Did not Mrs. Georgo ay to you that
after tho dlvorco case was granted, Sax
ton had promised to marry her?"
"Yes sir." "Did she not say Sexton
had separated her from her husbandf"
" Yes sir."
"And had sooured her to go to Dakota
and get a divorce, and had got that
dlvprco and had paid for It?"
"Yes sir."
"Did she not say to you that Saxton
had agreed with her to dismiss tho in
junction proceodlngf"
"Yes sir; nnd sho did not know why It
wasn't done."
"Didn't sho say she and Saxton hod
agreed on all differences nnd ho hnd
agreed to dismiss oases against her?"
"Yes sir."
"Did she say he had renewed his prom
lso of marriage?" ,.
"Yes sir." " " ""
"You knew sho had dismissed her suit
for breaoh of pronlse to marry ?"
"Yes sir; and sho wnntd blm to keep
his pnrt of tho agreement."
"What wero you tilklng about whon
she made use of tho statement ns to rais
ing hell nt tho Althouso homo?"
" We were talking about tho case Mrs.
Althousu had coaimeccod."
"What was her manner?"
"Sho seemed to bo enraged nnd Indig
nant and was much exolted. Sho said
Saxton hnd mnde her every prcmlso, but
had broken them all."
"Did she tell you he had turred her
out ot her home.?"
"Yes sir; ana that he had left her
without a cent."
"Klokedherout, had he?"
"Yes, she said he had kicked her out
of the block."
"Was she crying?"
"I do not know whether sho was or
not."
"Did she ask about her goods?"
"Ypsj sho said Saxton had them in
the blook and had kicked her out and had
refused to give her tho goods. Sho
wanted to find out if something conld
not be done about It. She said her
mother had given her some ot the
goods."
" Didn't she say to you that Saxton was
riding past ter home with Mrs. Alt-
house, on their wheels?"
"Yes sir."
"And thnt they would pass and re
pass?" "Yoaslr."
"Sho told you that Saxton hnd ruined
her homo nnd had alienated her affections
from her husband?"
"Yes sir."
" Didn't she say that Saxton was tho
only man living whom sho loved?"
"Yes fir j sho said she did love her
husband once, but Saxton had won her
affections from him."
"Wns sho crying nt that time."
"Yes, I believe she was."
"Broken down, wbb she?"
"Yes sir."
"Was sho angry then?"
"No, I think not."
"What sho said was more In sorrow
ttan in anger?"
The question wns objeoted to end tho
objection was sustained.
"Sho told you, didn't she, that Saxton
had beon nfter her for a year before sho
consented to go with him?"
"Yes sir."
"D1I she tell you of vnrious places they
had visited?"
"Yes sir; sbo said thoy bad bon nt
Sioux City, Iowa, nnd various places."
"Did she say they were in South Da
kota together?"
"Yes, she said thoy had been there "
"Did she say Saxton hnd hor oimo to
tho Soxton blook to llvo with him?"
"Yes sir; sho said he lived In her room
nt night nnd pirt of the dajtlmo."
"Did sto rny Saxton had sent her pros
onts before the divorce case was
granted?"
"Yes; and she said sho had sent somo
of them back. She said Stx'on was try
ing, from the time she wont into tho
blook, to separate her (rom her husband,
and that finally at Meyer's Lnko Casino
In 1880, henccompllshedher ruin."
"Wero not tho threats you told of
rondo at the time she was talking of the
fact you hne just related, of tho fact
that sho was without means, had not
enough to keap her over night, acd were
made while she was crying and oast
down."
"Yes sir."
"Was sho not very much excited ot
those times when sbo was talking nbout
her troubles?"
"Yes sir; she seemed ranch oxclted."
"And were not the threats made when
she was in that condition, and not when
she was calm?"
"Yes sir."
"Did sho not say about tho matters
that wero eettlcd nt tho Hotol Federle In
Allegheny thnt she had prualsed to re
turn to Saxton all letters nnd papers yon
or Mr. Sterling?"
"Yestlr."'
"Didn't sho suy that in tho Agreement
Saxton said ho would support -her from
that time till they were married and
would glvo to her sons property amount
ing to ea.ooa?"
"Yes sir; ho was" to give thorn both
18,000."
"And after tho case Sample O. George
had brought was ended, thoy wero to
bo rnarrltd?"
"Yea sir."
"Did she say he supported her?"
"Yes; she said he paid her board in
Cleveland for a year."
On re-aireot exmlnatlon wltaeM Mid
tr'rryi'v''jv'T
mi m i ani rm urn Tt tt n
Does Your
sr Head Achor
Are your ncrrc trcak ? Can't
m sleep well? ram in your
1 Bleep Tveu r xia in yuur
ik? lack cneriry? Appotlto
oacKr jj
poor?
Digestion uaur jjousor
i ? Ibeao aro bat somo of
pun
lfmnlcfl
tho results of constipation. If
tno contents oi ins ooweis uro not
removed from the body each
diT, as nature intended, poison
ous substances aro suro to bo ab
sorbed Into the blood, always
causing suffering and frequently
causing savere disease.
Thero U a coramon-tanso euro, i
Auecs
PILLS
Thxv ditto Insure &n easy and
natural movement of tho bowels.
rrlce,So.box. All druggists.
Ayor'a Saraaparllla
wUhthapHlswlUhastenrccovery.
Write the doctor Inst how yon are
suffering. Ton will reoelre the best
tntdtcil dTlce without eost.
Da. J, 0. ATEIl, Lowell, Man.
r.T.T.V..'rVT.T.T1
'
that tho oiso between Sample 0. George
nnd Saxtou wns settled on Wedrslay and
that Saxton died on Friday night.
"Did jou dlsouss the penalty with
hor If sho shoid kill Saxton?"
"Sho asked mo nbout that beforo tho
other conversation but I cannot lecnto
tho lint"."
"What was 8 Id?"
"rhe stittod that If sbo wouldn't get
more than ten years at tho penltonltary
shewculd kill him."
Witness located tho date of tho two
conversation s he had dotalled r.B Septem
ber 10. Tho denth of Saxton occurred
October 7.
"At this third Interview did she tell
you of her troubles?"
"Sho did. Sho went over the whole
story."
"Was sho excited about it?"
"Yes sir."
"Was sho always excited when Bho
reolted these troubles?"
"Yes, sho was always oxclted nnd
nervous."
"She would becomo excited and nervous
when talking of Suxton's treatment of
her?"
"Yes sir."
"Wns not her eon Howard with her
when she wont to see you nt one time,
and did sbo not say to you that she and
ber son had nothing to live upon?"
"Yes sir, sho said thnt."
"In speaking of these matters didn't
sho further say to you that Saxton got
some person to take her to Munslleld and
get her arrested?"
"Yes; sho told mo that In ono of the
oinversatlons."
"What did she say as to that?"
"She said he hired a doteotlve to tako
her to Masslllon. There was a note
there for her to go on to Mansfield, where
n friend would meet ber, nnd that the
detcctlvo went along nnd lnsteid of tak
ing Cor to a hotel took hor tu a houso of
prostitution. As scon as they got in
there the police arrested them nnd she
had tn put up ber wjtah to got out of
town."
, "Didn't she say th.it Saxton had
acknowledged that he promoted this
trnusaotlon?'
"I do not reiuomber that."
"How long did she soy to lumolned in
this houbo of prostitution?" asked Pros
eoutor Pomerene.
"She said they had just stepped Into
tho door and n it wns closed a man
stepped up and told her to consider her
self under arrest. She said It was all
done ns quick as that."
"When Fho said ho would 'take ton
yoars for killing Saxton, didn't sho also
say that she had suffered everything but
death at his hands?"
"Yes sir."
MItS. MARY FINDLAY
Buys Mr. Ocorgo Told Her Hho Would Fill
Huxtou so Full of I. end Ho Would
Stand Htlfl.
Mrs. Mary FIndlay was called and in
terrogated by Mr. Grant. Witness laid
she knew Mrs. George, wbo had called ot
her house to seouro furnished rooms.
Sbo cccuplod tho rojms for two yoars and
three ironths. Sho occupied the south
sldo of the house.
" Did you have oonvtrsntlons with her
about George D. Saxton?"
"Yes sir; in September or October,
1807. She said, 'Just wait until the Sam
ple George case is s ttled, and I'll go to
see Saxton. I will nsk Motor Hlco to go
with mo to Saxton's olllco. I'm going
to nsk Saxton if he is going to do any
thing for me, and if ho Is not, I will
shoot I lna so full of load he will stand
stiff.' I said, 'Mrs. George, you mustn't
do thut, or you will go to the penlten
try. She said, 'Oh, what's a year or
two.' She sold she wanted to seo Harry
Clark. I wanted to know why, and
sho said she wanted him to get her n re
volver. Sho said bo went to Ghloago
often and Bhe wantod ono that wob self
noting, Sho said it Clark wouldn't got
her one, sho would got onq from Mayor
Hlco. Sbo said 'He's got lots of them.'
I told her I believed Saxton was going to
marry that Mrs. Althousa. Sho asld she
would go to him and ask him what he
would do for tor, and if ho wouldn't
marry her thero would bo a funeral, I
asled ber if sho woiild shoot herself after
sho shot Saxton, and she said no. I told
her it was customary to do that. She
said sho would not go behind his bade
but would go right to his fnco nnd let
people know wbo did it. At another
tlmo sho Bald" of Saxton, 'Just wait, I nra
not through with hi m yet. I ought to
have shot him long ago, when he went
bnok on Ma promise to marry me.' "
",Dld you havo any other convoretlon
with hor about Baxtoil?"
"Yea; she said tbatllho was out at the
Althouso reiidonoa one time and was
waiting for Saxton. It was in the even
ing, and ftr stte bad waited a whllo
Saxtou catM along. As be turned to go
Ii
into tho houso sbo went up to him nnd
asked him to give her rovolve'r bnok to
her. Sho enld If ho didn't sho could got
lots more like it. Sho nover toll mo
how Saxton got It from hor."
" Were there any more conversations?" j
"Yes; wo talkod about BytonfflBiy
kltohen ono day. Sho rtjdTthatshe had
been out to the Althouso '.reatdenoavatch-
log for Saxton and tlmtflhe
came along
nnd was about to enter tmvhomo when
sho stepped up to him nnd said, 'Seo
here, you aro not going In there tonight.'
Ho tbrnod nnd inndo an lndooent re
mark, and trlod to pass on into tho
houso. She said sho held cnto bis arm
nnd fnld, 'Georgo, you como homo with
mo tonight.' All at onoe ho tnriiod and
walked away, towards the Duobor works.
Sho wont right along. Ho tried ovory
way to get rid of her, but sho stayed
right with him. Ho poked his umbrella
at hor oyos and pushod her off tho sldo
walk, but sho would not lot blm alone.
Thoy took a long walk In this way and
finally enmo to Ninth street, near Mar
ket. Sho said sho said to him ob thoy
were walking along Market street,
Goorge, do you remember when we used
to go walking along horo, having a good
time?' Ho mndo no reply and thoy
walked on toward tho Saxton blook. Sbo
did not go In as thero was nn Injunction
against ber, but ho wont in and left
her."
"Did she say nnythlog about a letter
sho had written him?"
"Yes; she tnlkod about a letter thnt
sho had beon arrested for sending
through tho ronlls. I read of the arrest
in the papers. I asked her if she had
written such a letter ond she said Bho
bad and that It was not a decent ono. Sho
said she was taken beforo Mr. Folger at
MaBslUon nnd that sho pleaded not
guilty. I told hor that Saxton knew her
handwriting, but sho said they would
have to provo first that sho wrote the
letter."
Tho cross-examination was conducted
by Mr. Welty.
" You are mod nt Mrs. Goorge, aren't
you?"wai nsked.
"No; I hnvo nothing against her."
"You do not speak, do you?"
;'I would speak to hor if Bho wo aid
speak to me."
"You wero the cause of all tho troublo
wo wero talking about a whllo ago,
weren't you? Didn't you bring an
action against Mrs. George?"
"Yes sir."
"You rented rooms to her, didn't
you?"
"Yes sir."
" You know Saxton went there to seo
her?"
"No sir; he didn't como to seo her."
" Well, who did he come to see then?"
Tbo witness averted her eyes nnd did
not answer.
"Did hn como to soo you?"
"Yes sir."
"Oh, I beg your pardon," said Mr.
Welty, and tho crowd laughed.
"Snxton paid Mrs. George's board at
your ho a ee, didn't he?"
"He did tho first year."
"Havo you had your testimony In tbis
case wrlttou down?"
, "No Bir.'r
"Hasn't It beon written down for
you?"
"rvoslr."
"Haven't you talkod with anyone
about this case?"
"No sir; only Mr. Grant aekod a few
questions to mo and I answered them."
"Whon wa& that?"
"Last night."
Mrs. Mary FIndlay was recalled to the
stand Friday morning for further cross
examination by Mr. Welty.
"You have talked ovor this caso slnoe
yon were on tho stand yesterday?" asked
Mr. Welty.
"No sir; I didn't tnlk It oil ovor,"
said Mre. FIndlay.
"Hasn't aoyono been to Bee jou about
it nt your home?"
"No sir."
"Wasn't Mr. Grant at your house last
night?"
"No sir; bo didn't como in."
"Well, wasn't ho there?"
"Yes sir; and so was Nowton Goorgo,
spying around "
" Yes, ho was tbore; but Grant was there
too?"
"Ho only came to the door."
"Didn't be go into tho houso and
didn't you pull down the blinds?"
"No sir; Mr. Grant camo down to tell
me to go tp Mr. Pomoreno's olllco."
"Did you go?"
"Yes sir."
"Talked it ovor there?"
No; Mr. Pomerono just told me to
answer questloni and not get exolted"
"That was all?"
"Well, wo talkod a little, but not
muoh."
"Did you talk to Mrs. Grable In tho
witness roim and say that MrB, George
(calling her avllo name) owed you three
woeks rent nnd you would get even with
hor?"
"No sir."
"Didn't you say that Mr. Grant told
you what to say on tho witness stand?"
"No sir, I didn't."
Witness was further Interrogated nbout
proceedings In Squire Robertson's court
in whloh she said MrB. Georgo wus a lady
nnd that Bhe novor knew anything
wrong about her. On
she went on her bond.
Ination wns sonrohlng
headway was made.
the ether hand,
Tho cross-oxam-
and considerable
Witness, it was
claimed, hnd sold since tho shooting, that
if Mrs. Georgo had a revolver sho didn't
know it and she would have found it out
if she had ono.
For frost bitos, burns, Indolent sores,
eczema, skin diseaso, nnd especially
piles. DeWltt's Witch Uozol Halve
stands first and best. Lookout for dis
honest people who try to Imitate and
counterfeit it. It's their endorsement of
a good article. Worthless goods are not
Imitated. Get DeWltt's Witch Hazel
Salve. E. O. Millet', East End Plmrm.,
1H8U a. xuorwa ps., nmx r. suanav
felt k Co,, W. TaaearAWM St., Flfhw'u
drag store. 486 X. Tuwmrhm Ut.
SOLDIER "COMM"
Loft a Dying Message to Ills Parents
Whose Whereabouts Aro
Unkuown.
Postmaster Froase has received n lot-
tTfwSlolfjlollows. With itwns enclosed
iTdylng mjBaago of a young Boldier bud-
posou io do nameu uonroy nna who
wab thought to havo lived within a few
miles ot Canton. Inquiry has beon
mndo by Assistant Pontmaater Cool of
Captains Fiehor and Yost and other
officers and soldiers from Oanton who
wiro at Santiago. None of thorn know
of any soldier by auch name. It is
thought poBslblo that the Indistinct
wordB of the dying man may have bson
misunderstood Oanton for Kenton, 0.
The lotter follows:
Elttannlng, Pa,, April 11, 1800.
Postmaster, Canton, Ohio:
Dear air: Thooncloaod letter contains
a message to tho parents of a young
soldier named "Oonroy" who dlod in
the battlo of Santiago do Cube, or rather
died some tlmo after tho battle from
wounds rocelved thero. It was not
until two days after tho battlo that ho
was accidentally found, wonnded. Ho
bad crawled out of the line ol battlo to
some vines for safety, whore ho was ac
cidentally found by a gunner of tho
battleship Texas in whose presence ho
dlod, beforo he could bo gotten to
moJical aid. Ho was burled by the
Bailor to whom he ontrasted his dying
message to his paroate, wheeo names ore
"Oonro)" nnd he said lived nbout tbrio
milo from Canton. The gunnor having
gone to Manila, I wns entrusted to, if
possible, deliver the message of tho dy
ing soldier to his rerents. As I am a
stranger to them nnd do not know
thoir address, will yon kindly assist me
in an act of friendship to the dead
soldier's parents. Please finish tho nd
dross on tho lotter as you think best.
Yon may bo ablo to learn of somo of the
soldier boys around Canton to whom
this meesAgo belongs. Respectfully
yours, R. M. MUNSON,
Armstrong, Co.,
Elttannlng, Pa.
P. 8. I do not know tho regiment to
which ho belonged.
DAYID MILLER DEAD,
Relatives and friends ot David Miller
were pained to hear of bis death at 7
o'clock, Tuesday evening at his late
residence, 820 Marion street. Four
months ago he suffered a paralytic
stroke, from which he never recovered,
the immodiato cause of bin death being
heart failure. He Is survived by his
wlfo, Amanda, and six children; John
A., of Denver; David 0., . II., Harry
L., Mra. Jennie Folk, of this city, and
Frances Miller, of Howenstine. Bix
chlldron ot the original family of twelve
paesed away boforo their father. The
deceased was CO years of age and a na
tive of Pike township, Stark county.
Until tho tlmo of his death ho was a
steward in the Simpson M. E. church
and he could be found at all Its ser
vicer actively engaged in working for
its best interests. Years; go he served
as an agent for 0. Aultinan & Co., but
of late he has been acting as agont on
general lines. Funeral sorvices from
the Simpson M. E. church at 0 a, m.,
Friday morning. Interment at Ashbury
chapel on the Bolivar road.
BREAOH OF PROMISE.
Dora F Nell commonced suit against
Grant Ballard for alleged breach of
promise. Tho plaintiff nllegos that the
dofondant promised to marry her in tho
early spring not later than April 1, 1890.
When the tlmo arrived she alleges that
she was ready and willing to bo married
and she requested defondent to fulfill
his promise but he noglectod to perform
bis part of tbo agreement. For this
negloct she asks damages in the sum of
5,000. Attorneys Wo'.ty & Albaogb
fllod the petition.
BOUND OVER.
Louis (Deacon) Weaver was given a
hearing before Justice Kelgnor Wednes
day on n charge of taking trust proper
ty ont of tho county and disponing of
It. Weaver was found guilty mid wee
bound over to Common Pleas court. In
default ot ball in tho turn of $100, he
was committed to jail. The oxtrome
penalty in cases of this bind is (500 and
coats or throe months imprisonment or
both. .
Deafness Cannot be Cnred
By local applications, as thoy cannot
reach the diseased portion of tho oar.
There Is only ono way to cure deafness,
and that Is by constitutional remedies.
Deafness is caused by an inflamed con
dition ot the mucous lining of the Eusta
chian Tube. When thio tubo gets ln
(lamod you havo n rumbling sound or
Imptrleot hoaring, and when it is en.
tlreiy closed clearness 18 tno result, and
unleBs the inflammation can be taken
out and tho tubo restorod to Its normal
condition,' hearing will be destroyed
iorever; nine cases out of ten aro cau'ed
by catarrh, which Is nothing but an in
flamed condition of tho mucous surfaces.
We will give ono hundrod dollars tor
any case of deafness (caused by catarrh)
that oannot be enrod by Hall's Catarrh
Cure. Bend for cliculars free.
, F.J. OHENL.Y & CO., Toledo, O.
Spold by druggists, 76c.
STONEMETZ-FRANK.
Lillie Frank and lionjttmln Btonemelz
wero united In marriage by Justice
Robertson at his office Tuoady morning.
Tbo couple will rosido on tho BtoriomeU
farm near Hartvllle,
Dcnnty ! blood Dcop,
Clean blood means a clean skin. No
beauty without it, Cascarets, Candy Cathar
tic clean your blood and keen it clean, by
stirring up tho Uty liver ond driving all im
purities from the body. Begin today to
btnish pimples, boilsjjilotches, b)a;kheads,
and that sickly bilious complexion by taking
Caseareti, bwuty for ten cents. All drug.
gU, MtlUutioo auoranUwd, 10c, toe, 60a.
"TAWHliiV .
Assignee's Sale ot Real
Estate.
In pnrsnanco of an order of tho Probata
Conrt of Stark County, Ohio, I will odor for
salo, at pnblio sale, on
Saturday, April 29tli, 1099.
nt 1 o'clock p. m at tho door of tho conrt
bouse, in tho city of Canton, Ohio, tho follow
ing described real estate, frco of tho Inchouto
dower of Emma A. Williams, wlfo of William
8. Williams, sltnato in tho city of Canton,
county of Stark and Stato of Ohio, to-wlt:
Being part of tho northeast and northwest
quarters of section No. 4, township No. 10,
raneo 8, boglnnlng for tho samo at tho Inter
section of tho north lino of Lako street
with tho west lino of Cleveland avenue;
thonco northwardly alonir tho west lino of
Clovoland avonuo, about 530 feet, to Myers'
addition to tho said city of Canton; thonco
westwardly along tho south lino of Myors' ad
dition and parallol with Lako street, abont 700
feet, to an rtlloy and the cast lino of W. S.
Williams addition to tho said city of Canton;
thence sonthwardly along tbo cast lino of said
addition 400 8 10 foot to tho north lino of Lako
street; thenco castwardly along tho north lino
of Lakp street about 075 feet to tho placo of
beginning, (excepting ono and one-half acroa
horotoforo conveyed to Philip Webber and
others, for a moro particular description of
which seo records), containing nino and seven
ty, j'x hundredths acres, moro or less, which
said nlno and seventy-six hundredths aero
tract, excepting tho ono and ono-half acres
abovo mentioned, Is subdivided Into lots, ap
praised and numbered for identification, as
follows :
Tho Williams' family homostcad, No.
1217 North Clovoland avenue, In tho city
of Oanton, 170 feet fronting on North Clovo
land avenue, 131 foct In roar, 200 foot deep.
Appraised at f 13,500.
Six lota immediately north of said homo
stead, fronting on North Cleveland avonuo,
numbered 2, 3, 4, 6, 0 and 7, each 00 feet
front and rear, 200 feet deep. Appralsodat
f3,000.00cach.
A tract of land In tho rear of said abovo
described six lots, fronting on North Clovcland
avonuo, north of Lako street andcait of tho
alloy along Webber Bros.' land, subdivided
Into il4 lots, abutting on a 40 ft. proposed
street, rnrning through tho center, 44 410
foct wide, appraised, as follows : Lota nnm
bcred 8, 0, 20 nnd 21, at ?2S0.00 each; lots
nmted 10' " ls' 18' 14' 10 10 17, 18 nnd
10 nt J325.0O each.
Scvou lots on Worloy avonuo, oxtondod,
numborcd 22, S3, 21, 25, 20, 87 and 28, 44 4-10
foct Iront nnd 100 feet deep, with a 20 foot
alloy nt tho sonth and west sldo thereof.
Appraised at $500.00 each.
Lota numbered 4333, 4330, 4337, 4338, 4330.
4310,4311,4312, 4313, 4314, 43J5, 4340,4347
and 4318, 44 4-10 feet front and 110 foct deep,
in WllllamS. Williams' fourth addition to tho
city of Canton. Appraised at f 350.00 each.
Onotbrco cornered lot, No. 20, Immediately
west of tho said Williams family homestead,
on West Lako street, 101 foct front.
Appraised nt $1,000.00.
Ono lot, No, 80, immediately west of tho
said above described thrco cornered lot, on
West Lako street, 45 foot front, 150 feet deep.
Apnralscdiat (1,000.00.
One lot, No. 31, Immcdla'oly west of said
abovo described lot numbered 80, on Woat
Lako street, 100 feet front, 150 foct deep.
Appraised at $2,300.00.
Ono lot, No. 32, immediately west of said
abovo described lot numbered 81, on West
Lako street, 150 feet front, 150 foct deep, with
a 20 foot alloy at tho west side of said lot.
Appralsod nt$3,450.00.
Ono lot. No. 33, west of said abovo described'
20 foot alloy and Immediately cast of Worloy
avonuo, oxtended, on West Lako strcot, 150'
feci front, 150 foot doop. Appraised at
$3,450.00. ,
Ono lot, No. 34, Immediately west of
Worloy avonao, extended, on West Lako'
street, 100 feet front, 150 feet deep, with a 20'
foot alley at tho west sldo of said lot. Ap
praised at $3,080.00.
Said lots numbered 20, 30, 31, 32, 33 nnd 34,
respectively, having a 20 foot alloy on tho
north sldo thereof.
Lota numbered 4331, 4332, 4333, and 4334;
65 foct front on West Lako street, 150 toot
deep, in W. 8. Williams' 4th addition to tho
city of Canton. Appraised at $1,000.00 each.
Also 47 43 100 acres of land. Iwlntr imrt nt
section 32, township 11, ofrnngo 8, In Plain
township, Stark connty, Ohio, on which ls
situated tho Brick Plant of William S. Wil
liams. Appraised nt $28,000 00.
Said brick plant nnd land will bo offered as
a whole and separately, tbo 7 57-100 acres of
land, sltnato immedintoly cast of tho west
branch of tho Nlmlshilllcn Creek, Including
buildings, engine, tools, kilns, &c, being np
praised at $10,000.00. nnd tho 30 0M00 acros
or land, situato Immediately west of tho west
branch of tho Nimlsliillon Crook, being ap
praised at $12,000.00.
For a moro particular description of said
abovo described lots numbered 2 to 31, see plat
In tbo Law Olllco of Baldwin &ShIoIds, Can
ton, Ohio.
TEHMS OF SALE.
One-third cash on day of salo, ono-thlrd in
ono year and one-third in two years from day
ot sain, respectively. D-forred payment to
bear interest from the day of salo, and to bo
secured by mortgago on the premises sold.
B. S. SHIELDS,
Assignco In trust for tho benefit
of tho creditors of Wm. S.
Williams.
Baldwin Si Shields, Att'ys. 20w4
Assignee's Sale.
In pnrsnanco of an order of tho Probato
Court of Stark county, Ohio, I will Oder for
salo, at public auction, on tho 13th day of May,
1800, at 1 o'clock ii. m.. on tho promises. No. 231
E. Seventh street, Canton, Ohio, tho following
described real cstato, situato in tho county of
Stark, and stato of Ohio, to-wit :
Situato In tho city of Canton, county of Stark
and stato of.Ohio, and known as part of lot
No. 75. in said city of Canton, Ohio. Begin
ning for tho samo 33 feet west of tho southeast
corner of said lot on tho sonth lino thoroof:
thenco north parallel with tho cast lino of said
lot ono hundred and thirteen (113) feet:
thenco west parallol with llio south lino of
said lot nineteen (10) feet and nine (0) lnchoa
thonco sonth parallol with tbo cast lino of said
lot thirteen (13) feet; thenco west parallel
with tho south lino of said lot two and ono
half (2) feet; thenco sonth parallol with tbo
east line of said lot ono hundred (100) feet to
tho south lino of said lot: thonco cast, parallel
with tho north lino of said lot twentytwo (22)
feet and three (3) inches to tho placo of begin
ning, togethor with all tho appurtenances,
rights and privileges thcronnto belonging, in
cluding a. certain party wall agrccmont tnado
and entered Into by and between Morris W.
Millor, Harvey H. Miller nnd wlfo and said
Tho Democrat Publishing Company, May
2Uth, 1801, which said agreement is recorded
In tho Deed Records of Stark county, Ohio,
vo!nmo277, pago 40-43, inclusive; also a cer
tain othor party wall agreement mado and en
tered into by and between tho said Tho Demo
crat Publishing Company and Sarah Koons,
Danlul Koons, John Koons, Mary A. Koons
and Edward II, Koons, datod July 15th, 1801,
and recorded in Docd Itecords of Stork county,
volurno , page ,
Appralsod at $12,000,00.
Terms of sale: One-third cash lu hand, ono
thlrd luobe year and ono-thlrd In two yoars
fiom the data oi salo, with interest; al pay
ments to bo secured by mortgago upon the
premises sold.
JOHN O. HABMONY.
Assignee in trust for tbo boneflt
of tho creditors of tho Demo
crat Publishing Co,
CASE, MONNOT & WIIITACHE,
Attorneys for Assignee.
Notice of Appointraom.
Tbo undersigned has boon duly appointed
administrator ot tho cstato of William
Shcatsloy. late ot Stark County, 0 deceased.
Dated the 2tU day or March, 1801
day or March, 1800.
VALENTINE MONO,
Administrator
Od
Notloo for 1'urolo.
Notlco Is hereby given that Franklin J,
Miller. 501, a prisoner now confined In tho
Ohio Btato Reformatory, baa been recommend
ed to tho board by tho superintendent and
rbnnlnln as worthy of consideration for parolo.
Said application will bo for homing on and
after April 18, 1800.
FOR BALE Carriages, Wagons and Bug
glos, wbolctalo and retail. Largest
atock and lowest prices over oilorud in Stark
county. Como and see us and bo convinced.
A few second-band lobs chaap,
OANTON VJUIIGLK CO.,
S0 to aiOSoutb Cherry 8tnt,
nuurMtf Cwadta DAJWMttlUer'St
O . "1
l
Vi
ri -at r -
a
w
ii
It
.11
ni