Ohio, B, 1872-1998, Undated

File With Ohio

Notice retrospe echve account of the
execution of a ‘Cristian Bachfel ' on

M-AA-33 at Ci “inion, Ohio. E| Videnily
a hew Contrrmann:

eee’
i

a

at pe ee
: hderinane

Hed

ee

= botssinated His Boon
oe ~ Companion,
dy | pose 2 Bole ‘Crime Was De-|
td aig of Danger In De-
‘ql .. fense’ of Truth.

co

Fi Daite History of all the Mur
a deers, Their Crimes.
te and duals; tes
a “Account. of: ‘the
Be at Hanging | in
He i, Shark County. :
% pnd iF nara
af jae MoRDEReas,
id bd ith of the Life ani Wander.
“ _ ings 0 of Gustave ob
: ‘4
ig i [ie
it, ne,
All * okt
1 hy

seis eet

oad

eon ee ST
Gia ith i <a ay

ii ; abet

fY MURDERERS.

REMARKABLE. TRIO OF
Pcie EVER KNOWN

i WW AMERICA.

sak an: Innocent:
Old Man, °

ane Just Shared With

“them His Hum ble
bunches 2:

Ag it Why, Joba ‘Samet

‘mbt, mend his Ways a little and be

AL Talent for Music,,
And a strong inelination for. its st
he} | was put under competent teachers,
whose instruction. he enjoyed. it of

‘the three years of his residence in thiat
‘city,

ys

the latter being his favorite iistrum nt
though he could play other instrume ts
He had. acquired a common educatfon,
ong that would haye. been sufficient for
many useful loccupations,: and: could
speak and write b both, Englis -and er-
tan quite well’ In expressing himself
regarding any: subject, he offen. 1 did 3 i
-@ succinct and direct: manner quit
‘markable in one 80 young. eos
Whilesin Chicago Ohbr.did: not. en

in: any regular: occupation;. but: | ved
; with rae! father and mother, and i led a a!

> h y “Gay Sortof a Life: <
In that. gay and wicked city. - Herd ul
| mausical, abilities were brought intoluse,
‘and. néarly every night he -was in: at-
tendance upon parties—German ies
of a harmless sort—in the capacity of a
musician. At these festivals he natur-
f ally enough learned to, drink | “begr/ and
wine and to’ be. rough and, perhaps
coarse in manner, but he was no ;by

_ Jan “means vicious, and 80 far. as’ is

known ‘ was never in any: trouble. Noe];
withstanding his: rather’ low. asspcia-
tions, and his lability to the. term pta-
tions that beset the young in all. large

cities, Ohr was not a bad’ sort of a| boy,
ahd there was n0.reason why he sljould
LOIne
‘a useful boy ‘and an: ‘honarable mar d

‘But aside from, all this—apart ‘and
separate and wholly different from the
testive | | parties, the - viciqus . compan-
ions, the, dangetous tippling—was a
habit and an appetite and! a poison that
‘entered the young man’ 8 life and mind
ahd Paeen a: | ay

| Never. ‘Showed ‘Him. Mercy,

Until he died on the scaffold, It 3
Pa on, hat-is as silent as an ate

perstig table, oe a an yersal in mer-
teat-be| it | said “of

our’ ‘sotiety and ‘our davon s the

“| ability to. read. Iti 18 ‘a danger that

lurks beneath the g guise of ‘usefulness
and pleasure, a death: tbat bt es be-

il nhdin the ehvering bf? oreathesala fail |

d had attained to. -cunsiderable
- profic ney ‘on the violin, and. te

at of Them Cruel Mur. |

traveled to Rochester, N. Y., by way, of
the Michigan Central ‘Railread | as

*beata,” stealing ridés the greater part | nate

of: ‘the way. Upon his arrival | at
Réchester he made the acquaintance of
@ sporting man named. Christian Har-

man, at. whose house’ he stayed far a

short time, In the meantime he made
the -acquaintagce of another: man, by
the name, of Dove, who employed him
to give hig son lessons. on the viol in,
and also introduced him to the proprie-

tor of Corinthian: Hall, a theat cal
building, wHo secured him a situa ion

to play the second violin in his orches-

tra: He continued at this about’
months and earned 810), Next he | en

gaged. to | drive on» the canal: from .

Rochester to Albany-. for. $30 and wade

they trip fn. “16 days. From Albany he

, down the Hudson to New York
City, by ~<steamer, © and. spent three
days swandering abgut the city,
but not mouking himse f known “to any
of hi3- former acquaintances, and then
‘returned by canal to Rochester, earning
$20 on the way. -He remained here 'this
time about six weeks, , working ‘tdost of
the. ‘time:in a shoe factory at- $4 per
-week, und teaching Mr, Love's son
musi¢ for his boarding. . ,

“From this place he returned to ‘Chica-
go. vith’ Christian. Harman, who was
‘going to attend thé races. . He stopped
at a German boarding house on Ran-
dolph street, ‘and remained in the. city
two w eeks. He Wasa a

‘ Anxious to Go Home |

To hig par ents*but felt ashamed to doso
In the evening he would go. and linger
about i in the neighborhood of his home
where he could see is parents, but
| avoided ‘being seen. by, any who mnight
recognize him. After two weeks, stay
a. the city he started glone to Leadv ville,

' He paid his railroad fareto Chey-
chad and most of th way from. there
traveled on foot.. “Hejonly remained in

a Leadville five days,/p aying thréa eve

‘pings in a saloon for Here all his
effects were stolen fr m. him except a
‘Tailroad ticket which he had to Dubuque
and from this point made his way back
to Chicago as a “beat.” Now he desired

very much to go bom but being gut of
money and in | clothing he was

misfortunes, his father soon: marrie.
again, and, it seers married unfortne
ly. -This was the crisis in the ify |

of young George ‘Mann, . and here, ny ~~

doubt, began the trouble and disconten
which are indirectly responsible for hi
death ° upon the gallows to-day.’ The
neighbors of the. Manns in Hudson

unite in decluring that- ‘while living |.

there the Mann family had a good Tepu}
tation, were industrious. and w orthy:
But the testimony is. also: unanimous
that Mann’s step-mother not | | only:].
allowed him to grow up without. prop-

er attention and training but ill-treated

rée| him in various ways. While at Hudson,

George . dz] |
l. Attend 2d. Sunday Schaol/ ” ;
And to show what-sort of a boy. he was
at that time, and what sort of a life [he |

was. leading, the fojlowing letter is

copied: . ? =f |
‘Hopson, Mareb 13, 1880.
GzorcE E. BALDWIN, Attorney: i
Dear Sir—Please accept my thanks:
for your interesting|: letter, which gaye
such a full account pf the case. I’reac
it to-da aon ‘of, the members of 'the
Mann family, who weré so relieved Ao.
know that rgedid not do the deed.
Poor boy... I feel the greatest syrapathy

”

oon him, and L am ‘confident that’ it: he [

had not fallen into bad company he

would not be where he is to-day. There |.

is a great deal of godd in him. ‘He was
always fond of the Church and Sap-
day-school; and while in od class Was
one of.the bes# of: boys: Nothing could’
keep him away from: services, But
the poor child. had no bringing up; be
was left while a: little one in the cruel
hands of a step-mother, who misused
and drove him from home. - His father
father. was an honest, hard working

‘ian, and seemed to be very fond of his

boys. He owned a nice little’ property
‘here, and they were apparently in good.
circumstances. “The. chief trouble was
the step-mother, whose, Janghage to
those children wassuch that one would
hardly believe a woman Could give
utterance to’ The. neighbors were
beartily glad when they moved away.
George Was a coular child=-entire ui
different from ‘his brothers. I havea
ways felt. such an interest in him. It'is:
terrible to think that trae iy cine
down like this in his outh; $his.
should be the end of his Goa Lan
may our efforts be of so young May.
eg life be. spared and e given him
reprieve. his character. | I- wish
that ‘distance were not so great,
that might sea George and havea
bear get on. with von about him. Tis

| How aa 1a Jona Wattmough: was Cra:

tl

ely Murdered at At liainea,

ty) following extinct trom the chat ge
of  Jadge Meyer to the. Jury: in the case
of Obr is a thorough. and impartial res re
yi w of- the crime. for which Obr . nd
Manon tonday suffer ‘the: death penalty:
You will carefully examine and weigh
all, the evidence and- circumstances
veloped | by it in the! casé, with a view
ve at @ correct conclusion upon t
Amportant issues, The State claims:

ing your attention,’
purposely, and of déliberate and premed-

beyond the existence of a rearonable
doubt, by the facta and el cumsta ces
established by the proof in the case, it

itated malice by the prisoner, is ae

.| claims, to which I now call your special

attention, in order that you may, ‘consider
and weigh each and eyery item in- ‘the

case, to determine if and how, far this

claim of the 8: ate; is sustained by, ‘the
proof. Lor ft

tiie State | “claims that the proot

| shows, as circumstantes ofa oriminating

‘character, . tending. to-fix guilt: pon the |

prisoner, among others, these facts:
‘That late in the night, between the 26th

and 27th days of [June last, between 11.
and 120’ clock ‘of the night, the prisoner

and George Mann, with. an elderly gena
eman, claimed by the State to have been
‘Joba Wattmough, the deceased, were first
“seen by John ‘Brunner, night ‘telegraph
operator at the Louisville station of the
‘Bittsbarg, Fu Wayne & Chisago. Railway,
‘being situate in the county of Stark, and

west ‘of Alliance station; that he first ‘saw

them on the track | of the railroad, sixor
seven rods east, of.the station, and walk«

ing toward ‘the station house; that then!
the prisoner, or Mann, | one of the two,.

! walked toward the coal house and beck-
oned the othen twa, who were still on the
track, to follow, him; that they started to
do so, when the operator went out of | the
station house and 6n the porch, where
there was a lamp. bnrning;: that’ these
three parties then ‘came up to the oper™
ator and one of them, either the prisoner
or Mann, asked the dperator what time
the first train would. ‘be going east, and

was informed that. 4 freight train would .

fg oe ee em afb to A ec eoe shat 1

ma | discovered to'have
amely: The kill ng

John Wattmough, was comin
“the direction ‘of ‘eald besa “

a walk and a ran, pre
and making his ‘Way as beat he coul hes
wards the nearest - 2 use, occupi

one Davis; that he.

no Article of clothing gn bia person but a.
shirt and a pelt of socks, and ried
pir of ssp ‘a, pair. of boots; ry
pair of end and: an old drab; Monch |
hat, on |the\ way dropping. ondof. the|

| boots, £ on arriving at. thi fence.
around p Davis lot} is strength failed

‘| him, and. he sank | down on the ground, 1"
but afterwards sore again, an Rot.

‘Up, and held himself

H tones, unable to go fi ther. . “That be} was.

‘head and side of raed head, and on:

struck | (or - beaten .b yan fron: railroad:
eoupllse- pi, bl pelos on contusions or bruises!
in part, ao

ated. wounds, | | bleeding copiously}; and.
‘that he-had' other wounds or, bruises on;
aod about his head of minor importance,”
‘atid his head and. were covered with .
blood. | ‘That his wounds were soon after’;

the injured: man was. carried. into the”
house of Davis and laid on a lounge,
where» shortly, before, 8 otelock ; in the
afternoon he died of these wo ads. | That.

scious, and remained unconscious’ ‘until’
she died, That meanwhile Manns d Ohbt.’
“were overtaken by officers in’ parsnit’ of
‘them, and arrested on. th failroad! track |
‘of the) rf Pittsburg, Ft ayne “& ‘Chicago .
Railway near. Beloit” “station, about six
‘miles east of Alliance, as they were haste
‘ily aking their way, eastward.” {| Puut. *
when. arrested, ‘Mann carried the red
bundle of’ the deceased, and had én ‘hie |.
, person. ‘the watch of. the deceased,, | which /

coat ; and Obr, the. prisoner, had. and.
; wore on * bis person the hat, pants: and
vest of the deceased; and bad furtber on:
- his person the coat ‘and pocket-book ate
the ‘de » with some money, thread”

—

skin, all belonging to the deceased ; ;. that

ing. to the decéased, Were “found | upon,

SS iti. ‘es

ateipped, bering 3

‘his forehead, on his

dressed by Dr Trossel ; and by; his orders ‘

before being carried away from the | fence | vis
and into the house he had become: uncon= 7

_ also a memorandum book, @ knife; pair ; ; 4
of scissors, a pair of nippers, all belodg- :

1p by holding to the: ‘

and ‘nepdles in it, aleo a spinning~ ook, acl
maguifying glass anda Piece of ébhamolss.

4

health and the “father draplo t. |icimeles Natiel ang ee a oe ,
cand Edition. P ome to ander upon phe wide world tine - and: safe matihuod — the >. | "7 bundis and Ob i a ars
‘ec — | When they. located at Chicago Gustave | alone: Without money He started from of these was indeed a calamity) Pas oni. iia a ag sae Sal erties Sot Sa Hpaeaae:
was in his thirteenth year. Havirg 3 Chicago “with two young meh,. and But to add fuel to the flame of his mes

e, at Settreent es a
ently staggering, Niners

part contused and Jacer< | ae

as!

‘on search, was found in the lining ' of his Sree Le


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LS oe
rab Ses biy Meta givin.
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Loe

ol a his first’ impulfe was to return and’ give

like returning; still he wandered on.
| progress, however, | was slow, for- he "as
2 captured’ on the second” or. third day, in

~ Jing himself relieved, and cheerfull

[The defegse set up the plea of insanity,

“ "who. returned a ¥erdict of “MURDER IN |

town the day before, and long before night
, overflowing and every available’ Space oc;

- a resting placd.and to while away. the time

town, There: were no lager beer & loons

: Right. At _ daylight the grounds! around

. cary to guard the déors, 80 eager was ‘the

eo: ut
ee

“verowd’ at the int of

. 2} County, ‘who. had 2 like j duty to Perform a
a short tne after: Le: om

part Ol @ ical Ol br cau, ne. ietit Ug HOUSE io
wander, he knew not whither. The enor-
mity’ of his crime soon occurred to him and

himself up; but resorting to his flask, he
nerved up to conti ue the flight; hen
‘oon after, hearing 4 lamib pleat, he’ thought.
it was the child crying and again he, felt
iHis

-Wayne ‘koufity; near ‘Wooster. “He gave
himself up. without“ariy resistance, express-
y return-
&l with his captors.

dle ‘was confined in the county jail, until
the session of the Supreme Court a‘ few
months after, when he had. his frial,! | His
attorney's were Harris and Mettalfi: The
Prosecution, on ‘the part of : ‘the State, was
conducted by’ Starkw eather and Jarvi is.

"and infidelity on the part of his wife, ‘nei-
‘ther of which were sustained by the jury,

THR FIRST DEGREE.” — -_ “|
” He was sentenced by Judge’ ‘Laie; to be |
lidnged on Friday, November 22d, 1833.
Those wha heard the sentence will nevel
forget: the impressive manner in which it
was delivered. As the day of execution
approached the country far and near was
-all excitement. Peoplecame flocking. into.

fall the taverns and Stable¢ were filled td

cupied. Hundreds. were: unable fo secure
would Promenade the s'rects or ‘crowd
some of the fanjbling hells, of which there,
were a: number, in different. ports of the

in those day 8, but stronger drinks | ‘were
“the order, arig they flowed quite free Ip. |
aap, To preserve order, and protect the prop-
erty ‘of citizens, the town council organized
-® patrol, who: were on duty through the

“the jail were bo crowded that it was neges-

_turiosity. to see the prisoner, : At that time |
‘there was no fence: around the jail, Fre-
quently wis it fecessary: to force. back the
bayonet, ‘in order |
Or egress-to the building.
=n addition the infantry, amd’ cavalry of
* ‘Stark; theré: Vos company. of fight horse
_ trom Portige “and one from>Tuscarawas
_ counties, _ Ceorge M. Webb: was Sheriff of,
“Stark ¢ county?’ "He’ Was assisted in the ne-
«cessary ‘Preparations: for the. execution by |
| George “Y. : Wallacé,” Sheriff of Portage

The prisorier’ was: taken ez the fait
ghosts 1}. ‘o'clock ‘a. Rm, dressed! i in: his.
shroud, ‘agégmipanied Hy bis spiritual ad-
‘visors, Rev Swazoy, Methodist, and | Rev, |’
/- Mortesmith; German Reformed, who walk:
ed beside hin» 7m the

“of the houses, far and near,. were covered

: |. young lawyer r of Canton, wrote and. pub-

_court, Sheriff. Altexrusé made prepara-

(1880. But the Governor 1e orieved ths

ment, for life, but albthese efforts haye

_happy.to find, in the ease of ritter of
the condemned, goodand sufficient

his convictions. ‘and duty. Even the

, well Foe dread: instrunient: of

The number of peopic who witnessed

the ‘execution was variously estimated at

from thirty to forty thousand. - The roofs

with ‘people: ' “Fogle’s- Hill” seemed alive,
mostly. with females. All the fence rails
within teach “were carried, there to supply.
seats, , as’ the ground was cold and, wet.
Thé Plain below was like a sea of faces,
and a small army in line for rexiew. Im-
mediately after. the body was lowered the
ord began to. dispegse and by;night the}
town Was again’ qhiet: | Hiram Griswold, a

lished a a life and confession of Bachtél, and
hundreds were sold for the benefit of his
children, |“

- The | parties bigaped in the ‘Ghithe
court, the jury, the sheriff, the attorneys—
have. all long since .paid tke debt of nature,
though there are several citizens of the
county, who will remember this first execu;
tion in Stark county. i

<-> +
THE GREAT TRACEDY. ~ -

‘The’ Way ‘of the | | Trangressor ‘Is
~ Hard, |

| In| pursuance of the sentence of. th e

Gustave Ohr and t

tions to: execute |
the’ ith day of May,

‘George Mann: on

sentence of the condemned until June
25th, ‘to-day. . In the meantime great }
efforts have béen madé to induce Goy-
erner Foéter to commute the sentences
of the doomed young men to ‘imprison-

been unay ailing... eae -

‘The Gov ernor, . upon, taking” the
executive office, laid +. own
tid rule.’ a, .. non-interfererice
with the sentetic of courts except for
most forcible reasons, _In the cases of
Ohr, Mann and Sainmet ‘the Governor
has thoroughly examined the testimony
and the affidavits—has sifted the mat-.
terin all its aspects and details, The
Governor, would -have been’ only too

, Reasons for Commutation.

- biter) thorough searegh __ he
had: “Deen. ‘unable to. discover. any
ground. ‘upon - which: he could reasona-
bly base a commutation. . The Gover-
hor hag’ been honest, attnntive and
‘sincere; ‘he has listened with tenderness
and with aching heart; but he has also:
been frm and immovable in defense of

‘friends of the. condemned find no fault
with Mr, Foster, their only. complaint |:
‘against him being that’ he has refused.
to gems, with’ their: demmadide for,
mercy,

t

“The Catiows. LS a a

Te sSépaiiog” for this. dread’ |
Shetit Altekruse built'a ‘gallows in the
eouttr corridor-of the county jails. The

seit ped pak a arides' |:

; request of his spiritual adv iser, Rev.

Lg platements,

aa

by Gustave Ohr, a few days ago, at the

M, Kuhns, It was written. 1 by onr, and,
nted verbatim: =
“arrived a Ft. , Wayne and-met. Mann
and Wa ugh coming down the rail:
‘Toad ‘track.; Mann asked me Ww hether I
drank liquor or not ;told him 1 did, and

| got some from hini but.didnot get |

toxicated. - Mann said that the old:
man. had. $100 or more and that we
should’ take it from him by force as he
had ‘tried it by, stealth; then made a
bargain to hit him with. something in

order to’ ‘enable ‘as to-take his money ;

away from, him; did: not intend to do
any more than. knock him insensible, |
nor did-¥ we intend to, take his: clothes

‘| but took them for reasons explained

hereafter; left the doctor’s son in Fort
Wayne because Mann said there was
too much of a crowd; then left-Fort
Wayne for Alliaace, ‘and while ¢ going
there stopped’ at some ‘out-of-the-way
‘station and went into a woods to sleep.
We ‘then wanted to strike old man.
Wattmough, but I had not the. -heart to
do it, « and arrived in Alliance June 27th,
1879, and stopped fora few hours; Mann
‘picked up @ car coupling-pin and put
it in his boat... Then we went to Webb's

sugar camp ‘ahd all laid down to sleep»
‘me and Mann staid awake so we could
do the job. When, -Wattmough was
asleep Mann got up and handed me the
coupling } pin.’ I got up, struck the old
man one blow, and I supposed he faint-
ed. I then pulled off his coat and vest
and was palling’ off: his: boots. so. as:to
pull off. his © pants,’ when her

} vived. Ls then - called” to “Mann |
“who: Was beside’ or behind, a treétand’
got him the coupling-pin and he. struck
jim, when Wattmoi igh grabbed Mann

‘around the leg and ried to defend him-.

self and called o it,
‘friends ?” He “mow not chavo seen us
when I struck the | tblow: ‘Tseatched
him, and. only found 13 cents;" but
on said». he: had - tore, 80 I
took oft: his. clothes = > to. enable
to get away from. the ‘Bcens of | the’
deed and search his ‘clothes ‘afterward;

“Where's my

when we fourid $5, which} we divided ;

tea and he (Mann), too his. “watch
ad I his clothes, ‘and Maan’ his bundle,

then Jefe the old sana spears around

The following confession. was made —

| inated in the ‘ansu

the: work of d

; cety bore

nl which were ‘ome small. -effects.:: We: ‘Medea it; Jerrola a ares

one Sn) ploaee ¢ to “ing it

soberners to the bold) i_
} " The Last | Night.
How the- culprits | assed their, last |.

night on earth is ft uly describ in

i: another column. The end “had { be]

reached at last, and at last. hope had to}
be given "up. ¥ The day of death, with |.
its -agonies unknown, its fears nde--
“Scribable, “its end undeterminable, was
‘at ‘hand. Eternity | yawned at the feet

of three whom fate i- cht off i in’ the .

spring of their youth-death, ‘thes eat

| receiver of all, had his hand. pon
Gustave Obr, George Mann and John |
‘Sammet. i ‘i:

wy fii,

and Te :
| {

Where Did: Man Originate?
Popular Sctence Monthly, |

‘The various writers and thinkers on
‘the subject of prehistoric man g
ally concede that the races of to-day.
have radiated over the globe from
some point’ in Asia, | Indeed, ‘the tra-
ditions of different nations lead to the
conclusion that. this. point of. diéper-
sion Was located inthe high central
regions of that country. There, ap-
parently; the dog, horse and ox were
first domesticated, and can at. the pres-
ent time be found in their natural,,
wild state. Hudson Tuttle says, in’
his “Arcana of Nature,” that “man or-.
iginated near the equator, where the
climate was better adapted to his de-
fenseless condition and food abundant.”
-This conclusion | seems to be based u
on the impressjon that the different:
zones of t
relative positions ‘now that they! have
always done, and. can hardly hold
good! in view of| recent pernlormpate. |

colorado, an almost unexplored coun-
try, comparatively, speaking, to the
scientific world’ Will be apt to change:
the logical reasonigs that have far
been advanced upon this interesting
subject, Senor |Altamirané; of ‘Mexi-
co, the best teo. scholar living,
claims the proof is conclusive that the
Aztecs did not come to’ Mexico :from:
Asia, as has long: ‘been universally. be:
lieved, but that) eee Riad were a race orig=

America, as old’ ag the ‘Asiatics’: ‘them-
‘selves, and that tha tha t country may even.
‘have been peopled from, this. . From -
the’ ruins rece tly ‘found, the most
northern of ay yet discovered, the.
t indications of mpro roved ‘architecture, |

erent ages, cin be.
traced in a contfnual ‘chain t Mexico, :
Where they culminate:in tmassive and
imposing structures, thus. giving some

“proof by: circumstantial ; ee to.

Altamirano’ 8 Teagoning. eee | aU omy

DAA Sa ty oer i? Ag “ Ece

. ‘US toot roar heart”: obs a. “consider-'|
ate father-to his son, for you, are go-

19773"

in now among &q s fascinati: rls.”
ad much ‘rather’ steal their y” shid
the Pe-meptoralsing young} man. |
|

7 '

its r ie

Donia somes ba
epeaki Or .& 80 & “ale
“him’ del Pensa

myhen he

a ;
* 7 ot IP od io? : Pd 4 5
ie ° tr. .

: ‘Grito Inspection of of Work | Solicited,
| Prices ona Live an and Let Live sale

nere-

earth occupy the ‘same |.

bmerged. parts of |:

ee im

REX BLOCK,

_Northeat Corner of aaa sure, i
NEW. FURNIT
Aphg & aad Hair Mate

IN EVERY STYLE, | |

MADE TO ORDER —

; OLD ¥ WOE

OF} ALL KINDS‘

Taonovennt sania [ab
RECONSTRUCTED, |
[*

_ March toms le chal

~ Mantels! Mantels |
YoOsTr & | KOO? Ss

Are making room fora splendid s assortment of

Marble, ond x ed l a
, Marbalized § ate, | a

4 |
= And ail of. the most roar inakee

of .
GRA T bo} a
tn the market, and our long “experience tn
his line of work, having'sold and set up. over
00 mantles in this city ofall styles,
.TOM $30 to $500, and h and’ every-
“them gives entire sa sfaction, shoul
verantes of good work and fair +
ture. In addition to our Cantan |

‘lave alao a large tradein a aloining to

febz7dém

hee *

wibe
36. we
OONS”

&
oh /0t J. H, CONE! in

pti

TAILO:
: fe . & = r “
: : c}aay/t op) i 5

iat Bier 9.- : ett
* ria / btabe, ahd = #%.-> 'e j

East. Seventh Ste, ‘i

7 |

mi Doors from ;

Abid es

ara

m

bts) 2

Le

Twill this: ‘Year,

t

a specialty’ of Suit: S
Sie, oO to ‘$28. 00, ae

|
“These. Gdo will

‘

‘| barn, out, “hoteen,
: orchard and vineyard,

if | [CISPORS

ging.}

|e

tel

Breed street. | ie th, 5

a ta ous offine ioe
‘| 7 tion w 8 gives at
| not forget this compacy BUT
conntlon 106 basbel Maaco
“T city or Davis’ ecnes, 8600 sal 4
4 felts afer, come

OL, 7 o 8*Ganton,

SALE.—A ve desirable p =
(GOR SALE - ‘A very aitnated on bh
var road, 1}4 miles south of the Publis tye.
minibe oiaces of @ two-story. frame hoon #
twining 5 ‘rooms, a good well and’

4, sores of. ry:
alt in

A ril ists Apply to ~
*etisua ge P PTW waits

SALE-Four relty ila in ta
the North

‘aaa
PO! R) ‘RENT. |

the &d w
se

carawas he Call atp

remiset : -
ee | Met es BP RNID

| ESAS

ied -by (Sherrick. & Miller,, Poss

ly in 9 desirable location: Also

erie eee ern promises ind eo.
febdtf

i
it Commercial ant

oy, Sth: “Book ket abe
rammar and

gee Motdn
J" reopened
metic, ‘ppelling,:
will be taught.
paid to penma
a ed ee

aD» Pais tat

LOS ss

oot ng stove by a yi
F not Cont

Preyer;and 53¥¢ Fi
when cool

[,ostaa “eGo

Gee lof ‘ot Robert
good tem per ¥

Ue ORDER YOUR i cout Fe"

eens TRODO, / Agetl. fe
mDEE x sand COR

Connotton. Valley,

1: ffice & and Yard on Fast: Niot
: f he ConnotjwaA Valley B naa,
We will deliver ‘out ‘Best Temp = Ra

“sacawawegeveeeet
at: vat... veowege naa: soey: & ‘Co's Be
tauue 2

Leave orders at WB Perking
opposite. ibe ee he s€{: Ci

Streets:

‘Stree

ckintey ‘s 0fle }

‘be vee ie

well rade’ ‘eid feibrned |e

and” will" give, aes: be

She MP 7-3 “ane

tion to the* rete
ona

ene
ele ene

+ he tty

snova Ty

ae } vr ; 4 ay

arse |

a Pame.. Gme. | Samples plet p Beeeaasyee
| ‘ ie
I :

| ia RENT Store room No en

RENT. The store reom ‘ornate

er: ae eae oe 0. candh
z RENT —Roome to let ornate

DA, ASB

‘A Iso special- pee ”

—— =|

4


UL6 B Ww 1 », i Tc Dail, - - - 3 weyers serps bee
Ba, yales SBIONL, FrabA Dai to, to prove. er — aud 46 worstos | phig it may do. on the natural and rea- asthe proof and the law will make ra grand jury> ‘found an indictment a aingt \. the conversion of a sinnef. Pray, there-
iy

oYel, opie i

: Baty Boyder. Peter Numay, James  Crimittals must, YY aaph Of Justice. our duty to datermi
pad onkle and Leo Sell., Hen- Circumstantial “e sfidisa 2 “bad, lneretore, bomen Bee inpees fed, nals: Ean rosidiéast and ag it Fon wf do you for the crime. You made frequent | fore, Bray earnestly, that you maybe tra: ©
f uman being, is. rgs m ,and bound | J. without. hesi tlon, efforts't ly converted, and that} ou ‘dje not't ed tk:

% prosecuting: attorney, was | always: baer’ g “Proper and 90 0h: to’ know the natural ‘coniequerices of his. whether in the honest discharge. of your © prevail ae him Dy spereuasi gens ot a hardened i impet ite t. ? iL in wees

z “by Win. R. Day, Esq. of | cient tc establish gui it and convict of owt voluntary’ adts. © Thus if onefvolan- duty you may have to pronouace by v0 : by threats; as you tried to prevail on thers oe ti peni en sinner, et. ne,

Of the witnesses in_ the case, either ot to . alse hope of, pardon, Teprieve or commu- |

orime 00 #0 bull verdict the guil
Lynch,’ ‘Day! &! Lynch; | Patna fe pase oe he tain attd tarily, ‘and ‘interitionally, with. loaded'| Ver 6 gu It or {nnocenoe ofthe pris, af tation, divert you from. the great work. bee”

aL Baldwin and. T., C,

le ‘gan or pistai, shogts another in @ vital oner.,. In either case, after honestly, dis~ appear as witnesses against’ you, or, li ap- f th
eens; of Canton, ‘and: ‘James | a nnd marked exeelen Ie "FTaoaa ex pé part The body, in such way, that deatt. charging your duty, you cannot be he Id pearing, to’ siippress the truth, and testify. tyes e* pre paration for. ‘eternity, .
eran ~ Esq... “of - Alliance, . put | fence has: ively ta Oe 3 woul ‘haturally: ‘result therefrom, ‘and responsible for ths consequences, hey | | falsely i in your favor. | ‘With him you found | are good use of jour: ‘time, Rewenanery.
i ttery effort. for the, defense,» TA cant . patted, tb bas lef. ia oyaaht deat is actually produced by it, the pre: mate creatures of the law... at all your: _efforté’ were in vain. ” Whatever | now is truly the aceeptable time: fer ef an r
f sumption. would be natural.and reasonas . . Evidence was introduced: on {beb ibe promises others may have ‘made to” FOR, conversion. ‘Let - me _entreat. you by. t

number of - witnesses were exain- “ing to'him ag the ey miley party, and he
it “ajdtity of whom were’for |. finds, bimself. ape pacisel 9. by. maid ely ‘ble that, he intended, to kilLb him. Hence, the prisonerjto prove his character be he, as an’ honest“ boy, stood firm and § uns | memory of that sainted mother, 0 f yourg,
- ' 5- ‘ .

circunistances- ~ marking ~ ; ifin the present case, | the fary find from | gqod for peace and quietness, Ine Onsid- ‘shak id lari | who’ stroye s9 indefatig ably-to rais¢ you i
Bloquent were made & ‘ en,? declar ng that he would do. his |». gadly- you. lp
Pi cuter Harter. Piss ws ‘Day ‘for |: rae ins Carta vale by the proof, that fhe. accused volontarily, | ering and weighing the: proof in tho case. duty, and tell the’ truth in the case.’ This ! the fear of God, and to instil into your: in->
id Messi Baldwin’ and Batisfactdry -e¢ifefice, Yndy ‘ofted prove | and intentionally, shot the deceased in a with aA,view to; correctly determine tt the firm resolutién of his he last anndunced to: ' fant heart. every sentiment ‘of piety, and:
at 3, ‘| the guilt of a priminal » witb a certainty | vital part of his body, with a pistol load- issue, it is due to the prisoner, th you who faught your infant lips to lisp eres |
Mit bite at the onclanee atleast equal tq that,resulting fromthe - éd with, powder and ball, in suck wise| take into consideration “the evident ce of you of thé evening before the daysett 108 $0 your “Hes! enly | F lier th ie ears he: |
tr 7 - ho -were - aven ather, that he m t.
ba By, OTL “March ° _ Sth, We Phopeut abd witaessed tha commission of that ‘a@eath would be thé natural result, | character. in connection with all th oth bet trata of ine cause, when he __. sit } bles you | and imate y u a od child; hte
low’ a. ‘verbatim’ ia yo the’ the'crime, ‘In'somh¥ tases bhretirnstantial | and the- deceased was thereby actually) er evidence in the-ease. and to giv him - moned to'appear as a witness for the State. | ‘the love she b by all that! t
is spt carge to the jary and the ‘seri: | evidence may beeveti thore satisfactory killed, the jury may well presume and/| a)} the benstit, which by reason th reof, You had long before. that evening formed -. vd othe you, y at) : good,
neil the accused, at which, time he- thandirect Sere et een Tg yore find, that the killing, was purposed and | he may in your judgment. be éntitled t the ‘horrid ‘design; that, if he. succumbed and sacred tet we entreat you, be: ‘penitent “
n between Wand: a fears of age. ene ponmesiad inks inva. pe ct clgeawes: intended by him. tbe sh You will give this evidence such weight not to.yotir. temptations; | you would make Latent i es ve God. | eaete
Thudge'h Meyer’s Charge.’ | - stances: £0 he to-preserve U~ semblance’ Wexe the KS Une own to pave and effect agin your opinion it may des away: with: his: testimony, by taking his |? *',temain® now) Dut. to pronounce the:
y Bee tn.» t h. hans lekrly proven been done by the accused of his deliber- life. : To th t’ end da If - formal sentence’ ‘ofthe law. That: sentence
1 Jatin: in the Sammetgrial a path. iapaeeres cle aye ‘ate. a d emeditated malice. What. {is | eee: nets hac Peake yourse s Sat _
U ‘Fa March Sth, »by- ible win q will never,, lie, - a It'remains bat to call your attention to with the instrument of death, the deadly. is, that you, John ar met, be taken hence’
pon Ftiday,, March 5 malice? hat is deliberate and premed- | revolver. . (to the jail of the cy , and there confined’

1
whilst, Witaeged detailing direct eyidence, ' the form’ of your. verdict, whatever | it Lt
ai Présbbating ° Attotnéy ‘Harter | i rhaps not 80 "credible, may have been itated malice? One of our most. eminent midy ba. OF Gonraé: if-yon shoul’ find ‘Baily ir . ie eet er Sarl adcea Vand safely ‘képt, in separate cell, _ until

Bble plea to the jury.. and was. dav Jadges has defined malice to be: “A will- , .
£ @: a S ad
ates ‘George E. Baldwin and | Paoreas are sien oemiay., fally, formed design to do another an ony ue San, = oie you wil ett day, after the shades of night had. crept | | Friday, the 25th day f June, 1880,. cand that ;
108 x, a4 ’ ply say. n: your: ver ic on the over the earth, and covered its. face with a; i on that day betwee the hours of WV oO! ‘clock

Meyer, who -pteaded~ earnestly t tesiify nniruthfally,. ‘Hence | eta ; lawful injury, whether such ‘design be ‘
’ testify, unfruthfally.., Hence if ig that in. y other hand, you find him guilty, you d''1! oc} _.
. Rie detepse, Wiliam R. Day made |. prosecutions for crime , etén thé highest prompted by deliberate hatred or revenge, will say in your verdict, ae, eed ‘mantle of obscurity, you by a specious pre- * a pane oclogk Fo pe be gtaken
ng arguinent for the State on | circumstantial evidenge is adtnitted and or by the hope of gain, or springs from! find bim guilty of murder in the tleat de- | *&* enticed the tinwary young inan to ac- ‘OC ANE ee by the “Sheriff “ot the =.
> The cotrt houst was crowd- suffices to sconyictofjcrime, : if is be oe bees wantonness. nS ned a beat gree, or of murder in the second di gree, company you.toa piace youdermed cufli- | couniy be han “edi byt the neck until ed
M afternoor! andthe most re- | chatacter 10. prove: “the ‘guilt, of tke pris-. regardless on 8 antsy 2s alin ata or of manslaughter only, But whatever ciently, secludedto be chosen as the thea- | bre ead, aad’ | God h 2 a
a attention was paid. to the | oner beyond theexistquce of all r reascner n miachiet. ea pal goes eid ated degree of crime the proof and ths law teF. Of your: dreadful crime; where: you your i. may ae ere ee
the Judge, Which was” as- fol- “ble doubt.” Suit, preven. ‘beyond esd premoedita a wae 9 0 The show him to be guilty of, it fs the Racred ‘might | commit ‘it . ahobserved! by’ man, uF ipoor, son ' rc ee
-Feasouable! doubt,” hen the: facts Tend eae Supreme Coa Tis ision ta that duty of the jury to find him guilty: pb’ that There, i in fancied security, but in’ ‘the sight | Pra j
ty tig Jury: fs Rredéaat | _ ircamstances .. Oren, . ‘exclude, every. Fadge. a mia: s “ degree. Thera can be no compromizing, |'of avenging heaven, you treacherously im- ‘hristopher ph or: ie ‘the’ viet f
Siren ¢ harged- by ~the' - toasonable .. penal of the sale . “To LSD deliberate and premed: no shrinking | from, an honest , discharge ‘braed your hands. in his innocent blood. - Christopher. Spubler “was: born near.)
: of haying “oor mitted one of } ae eo eect recon itated malice the intention to do.the inja- ic bald be hghis eprononae T Your revolver did the work of death, did it { Monroe, Mich., July 9th, Heed) and was:
a es fhishabl innoce t Zg r it Peay diye!
soa pis ae BOK ee LT mil emoy gal ltt Sree Ae ee 2 era ee ee etcan | ‘The jury retired at about 4 gelock |? "rma yaerachie ee cu ca ad | tee jin tm spent ee
ee on ti6 26th day. of} hw th refer eric bts eas a yras'done, thonigh it is not geiatzed (thet: ‘Saturday afternoon, and er 9 ret ock uathnely, slain by. you, died’a / most noble’ father died when’ he, was ¥e y.sm alt |
Fea nek ae ti before: is su eat 8 él rao é crow of outs: 3 wl
~*~ Seater ‘Jidua tact Serene of-our crimnal act, sigs se easiacd dasennaa what: be. ‘in ‘pell es aiid flied tie ou Hs EARt? | Hi rt remains le fhouldering ir ‘the - “paother. He. Irecetlved good oe
e ‘Sabie: ag orate er.,.0 ia | bitch reada as-followst i bape wae Fabéut 10 do, snd atend Sate do it fa ‘oth inside and ontnidbahes bar, Liealost us t his memory will live, and is wore at both English and | Gerhan schools, :
Se et by abbolin oadat! him! SY “Whososyer' /P rpocely, ‘and : “gither. : th haw wokis: | y thy to be: perpetuated by moi uments of" and was welll hiked’ by-his schoolmates:
ede dee ad PF iP P-- order to do harm. Tt 6 party has | to suffocation. . AS s00n: 83’ order Wis :
ie af: deliberasa “aga j . prem edi tated byt formed Wd Bd maliciously. ‘a marble.and brass:.’ By his” admirable con--| cn-account of his ge ial, war hearted
ya inh Be ota ma rt ftpaltes; or by means ai ng a or cn mn cy deli P “aud, premedit iba} ‘secured. the Sheriff brought: i duct in the: trying circumstances he: found disposition, iy ig eae eee
" Tice 4 ; Rerpetrating, a attempting , tc ft, beford he performs the sot, he | Prisoner, the jury filed into the b nd himself placed inyhe left'an example to the | In February, 1978, young § inka et:
ne ae ie ices Bec pi ert. Pe a ea Aa re panliks aye ae a iah degrees: tere us rata oe La Rar nn AGal ‘rising. ‘generation, Precious “and enhobling, his hoine and eto Massillon, this .
' ¢ ct,as follows: “‘ye do fin rthy of emal ahi Sgel cot Nie ty/ to kt ‘ay storé; for his.
= eit 7 159 | have bean. worthy of emulation. © county For, ne
2 Ro cls clea ON “ ay ins degree, aed: ebell ai che Ener ht oe chsed, John Sarhmet, guilty of- ae .He died the déath of a martyr: \His'| brother, .of - ‘the: firm of. Schworm. (& ie
, irate lron betwen hes potas hte: fon a: be Cbask As to the. proof, of deliberate and. pree|' |’ Murder in the First D agree, Be blood, eo cruelly shed, cried up to heaven | Spahler, grocers. While: there lie
yA , 80: ‘fax the chide ppl anne meditated malice: --‘This ia generally en Ancharye Sammet eis th dreid for judgment. against’ his! guilty. slayer. Aormed the acquaintance of. J lobn Samr..
“iq concerned, we may, yoad tt ieore: a tablished SYS: ofrddmetintial side HThe earth, hallowed by"his treasured Z| met, his murderer, and a ‘few other:
an 1 d ? apliberate Thges fy piay be how ‘ee my mains, is unwilling to be polluted bythe wild youths ' who had- many bad habite.-. 7
store a We 7 path ‘another whté ade by’ et 7 he Pn "| the ar iia present.” "as self-| touch of hie murderer, You. have. bid de."| from eontinually reading impure litera-_ os |
i gly fc murder 1 jn, the ares Aegrets Besa of paints nok pattie bere : Sonn vad meee were had teed ee sip * aatit bn br | ie December, 1878, “lated Sub \. |
taceesote aa Safe eed Fe ‘3 d shalt auifer death. a whtel wea used, pause, the, ‘death;, the 00 - : inder i rom Mount Sina ecomman jer Jett his haha stars wilt tie ioe, \
ped to yeu ee nia is The marate?| peat ioe ‘eelbe a of the ai fre = the } sing ype. * re ee lf to man: ioe ee kil,” and sitet i ‘tention of learning a trade, Cmulingto. N
fe} “ es ays . ectlo ig Ve Uae e ; ; °, d / ae ra my | }. tion a fe) ul te
¥ the ki thoes fa° : forming: ' as 2 sanc io e 60 ‘prom ,
' & apni Nac parpooek od ese sen bene be aGeoted, and tbe ; F, ; _Sammet, Bentenoed. ‘| ie “He that” smiteth aan so that Ke-die, secure, “ihe. situation he: -desred, kee
eeteanotaaneet “premeditated ‘elles, 1a flesigabdvor purpose for which ft wat:|' | On Saturday, stemmed Mere 2 ! the | sna purely. be. pat. t0 hapa bsied sina | he Heat. iat earl tani +f
; on to = patti & his {Grist whic ore given com ey |
pretty Wel mba ; har oy a te tate claims, | Pour} Feom was crowded 10 its pice Andf “ gi with C.’ A, Traphhgen ; af , his: livery:
J Oser iIn the present m8, Acity with spectators “all eager to ran} ment to m Whoso sheddeth / man’
or.in pho fire | th Pebinct ‘ebows that the pris- ff bymhan shall his foria | Stable, and also assisted in posting bills.
Byes phat De Pi al sentence ‘of John Saminet, the’ assilion ‘biped, is blood be shéd;, F held with his nears!
po er . itt ie dente Ti ats impudent, and. seé‘how he took it. "After the |i age ‘of God. made he'man.” You ) tm} con o . Spuhler
| preity) HaeeA OUT an thst roreey ied p teuben Dry, had received pen noe, of | Sy bid defiance to the law of God; and neds aka tenga ae me
to , an eEee ps ate! cd to, five |. ‘the; ‘echo of God's. law... Therefore, | Pany at
% urder in tt clas a you pre.co ademned b “heaven and, jive di th idsé who. ‘wished. a, well., v. tf.
rf? Pproo root she céga. warren lh and ah | Ar os a : 3 ode toed his inténtion, te! sit Dig
bs wpe AReOk p.. BIaHODs tr a ‘fo n please, ne er tet ahd mother in ‘the spring.of -1sgo. A fe
- ae, e. ‘inate wan pediea he fninjoys, Aga ths Realy, ve way. : “ee fe’ Working: for’ Mr. ds aphagen. nee
dbr in the firat degree, orif not proves - Ahbe | ereapgrommer: ie para: a A * T Sdonmet (| was, 4 continually |) follow |:
BBG awe Pith Oke gt Ce: SAL Sub rbd eens ok. ; CP ak File Bite TA Ae Ne Nee a A ie Mt fe! SA
a a 4 -& iP £3. Rees % : , rf Links we fe oi ;, t os “f yg 3 eee ee fete Fee ee: bs re aa} ies iy

ay ee ig wt} Bit tf She
ae t ns

ml ee 2 Af oh


eON
e-

hind if he did fot stop associating

Lf continuing his intimacy until afterstle |. ;

~

-

Te ee ek te a ar ne) ,
Fabel oad P
.

7 ; ; ‘and the’ ‘wi [We aa ent towards cs Q ~Th TAT r he
me bia age ‘coalemeciog | to pce wen " | es sit Gham wie trap Paes got a ae" hes [he ANG WUUD
‘pérsuade him to testify|in hiw. favor’ ‘in ry. wa immediately e ght- feet long... This. trap. is |; ti ‘ai 2 Gust zy pen 1 OUR, ae raed adie
p burglary. case.’ Spul iér’s ‘eniployér ofa one: -horse wagon containing | the coffin, by two. hinged. pieces: of floor, 495 tt oe wit bE 555 od ets CAS RE be bev NA

ld hita (Spahler) a few. days ‘before

the murd urder, that’ he should discharge
with

“Wait intal
mes

_ Sammet. Chris’ replied,
next Wednesday; then the trial

. Off and ho will seither be cleared rigo

fo the pénitentiary, and then “I/will
' have have fothing™ more ta do with nit g! |

SK am a am & little afraid of him 1 new.”
Mi.

+!
”. spubler appeared ta ‘think: -that by
- treating Sammet awith kindness and

burglary trial “he “would not carry out

the terrible threats he had made. | But But |

. alas, his destroyer. was! firmly deter- |

mined to catry out his design, with a

- total disregard of the consequences, |.
The:Hon. Judge Meyers eloquent sen-
tence contains a more fitting eulogy of
‘poor Christopher Spuhler than any we
could give. His. remains, after the in- in-
_ quest had been held, were taken to the
-homeof his grief stricken mother, at.

‘. Monroe, Mich., for interment. This ac: |-

eunt of Spubler was written by obert |

Anderson, who, frome h his ig acquaint: nce:
‘withgSpuhler jand Sanimet, Was well

* qualified for, the work, . an toe

-2_s

THE FIRST HANGING |

In Stark ounty—The Crime | and Ex

cu ecution of Christian Bachtel, %

ot

+ ’ *,

ie will be’ forty: seven yeats next No-
vember since Christian Bachtel os Ne
on the? gallows, in Canton, the c me of
inurdey. Hé-was hung on Friday, Novem-
ber 22d, 1833. The first pabsie: xpeitten
in Stark county.

- The unfortunate. man- pales in the
southern part of Canton township, near
North Industry. He had a wife and three
children, was a day laborer, addicted to
habits of dissipation, and frequently | came.
. home intoxicated. As a natural Sorise-
guence, family trouble ensued. His wif
was an, industrious ahd economical’
man and could Ht bear’ his ruinous
duct, He came. “home: one night {n ill

t

: ~ mor, found. thit 7 no supper had been bre!

we

= : ~ wife had éarned, a fla
at part, ofa loaf of bread, he ler thy;house to

| pared for him, and that his wife had retired
ca for the night. She was. lying on thé bed;
with her babe, her face away from him’ and
‘apparently’ asleep. - After afew. angry

“words, with an axe helve he strnck her on
= “ the head, fracturing her skull.
; -

f pal was not dead, he struck her again.

ee an

She gaye
,an'audible moan, and thinking: that she |
| She.
died without a struggle. -.

cae The youngest, child, asleep by. her side,

‘did not awake. _ He took it up and placed
it wtth the other children i in anothe p bed.
“Laking ‘a ‘few ‘clothes, a little monty his

, wander, be knew tot whither, The efor:
mity of his crime soon n occurred to hima and

“2.9. Gui B*’ fern.9’ .*

a

of whisky and ,

4

1%

|

guarded” by. military. in’ front and: rear.

| The line of march wag. “along North street
to Market,up Marketto, Tuscarawas, down
Tuscarawas to Walnut,’ up . Walnut to ‘the, | @re
‘place of execution, near North street, ‘be-
etween Walnut and, Cherry.. There were
darge fields in that portion of the town and
‘but few houses, <The day was,cold. and.

‘windy, with fleeces of snaw in the atmos-,

phere, But notwithstanding the discomfort
but of doors, the excitement: ¢ ‘and. curiopty
pf the multitude was intense, ;

On arriving at the place of execution,
the infantry fermed,.a hollow ‘quare
around the gallows, the cay alry outside the
infantry, who kept back the crowd. There
was prayer and a sermon from the gallows,
bojh in Englich and German, after which

,the doomed man made a few remarks to

the crowd, warning them of the evil influ.
ence.of intoxicating drink and expressing
an ehtire willingnessto die. After bidding
an-affectionate farewell to his attendants,
-who then left the platform, Sheriff Webb
pinionéd his :hands behind him, tied his
ankles together, adjusted’ the rope about
his neck and drew the cap over his face.

‘ While Bach ’
form audibly pray! ‘ing, the Sheriff announc-.

‘ed, at regular intervals, the number of min-
utes h@ had to live, commencing at twenty»
repeating ev ery five minutes; until the last
five, when it was each minute. At the
expiration of the last; he’ announced i in a
loud and distinct voice, “Christian Bachtel,
your. time is up, and may. God ‘almighty
have . mercy on your soul,” then standing
at the head of the stairway, he pulled the
fulcrum. that supported one side of the
T platforin, and it fell with a crash that sent
a shiver “through the immense crowd,
Several female fainted. He drew up his
legs several: times, which, were the only
visible movements, The body hung about
twehty ‘minutes, when he was Jet down
and examined by Dr, Haddock, the sure
geon in attendance, and pronounced déad.
He was placed in the coffin, the rope with
him, taken by his brother,who hastily drove
out of town with the corpse, and Conveyed
itto his home in: Sugar Creek. tow nship,
where it Was interred and a large tree cut
and fell over his grave ‘to prevent an un-
timety resurrection. 7
There was a great. demand for portions
ofthe rope’ with which he ‘was hanged, ag
witlt-many it is reputed a sovereign reme-
dy ‘for headache, applied over the seat of
the pain. : George Toffer, a “well known
character of that day; i in anticipation * Cf
that demand, and with antye to business,
previously: supplied , himself with con-:

“ge able quantity of rope similar in ap-
pea rance fo that used, and cutting it, into

shall pieces, ¥epresenting them as parts of |

‘the griginal: TOPS used, ‘sold a saree quan-
tity ‘ 4, ‘

7 4

the execution: was variously estimated. at
from thirty to farty' thauceead 7

tel was standing on the plat-_

| terest! in: Mann 3

ered érself..

be taken to Massillon and prabably

‘buried on. Saturday, in the Rowland;

|

:,-,The number of “phorte. tho witnessed ;

7 Ah TY ¢ f°"

which eet in the middle and- fall in-
stant atthe the touch of a lever. The ropes

orrid r of the jail, and. aré about an
inch: and .a ;quarter; in diameter. ‘By
mere} touching a lever, 80 perfect is
the ¢) truction of this scaffold, the
trap drops instantly .and the eulpiite |

fallt> their death, © The gallows is af:

grim machine at best; anda terrible one
when used. for such dread and whole
sale purposes as. ‘to-day i in Canton,

Th arsday afternoon Sanimet called
the S:. Cloud by. telephone, and ordered
a breakfast for Friday, 25th, to consist
of fr. ed eggs, roast chicken’/and toast. .

George Baldwin, Esq., who was coun? |.
sel fr Mann, told a REPOSITORY repre-
sent stive jthat Governor Foster gave
the delegation an audience*of three
hours reviewed the whole matter with
them, and deeply impressed them with
his desire to do his whole duty, both to
just’ and to the law.

i Miss Meyer.

I lan inferview yesterday Miss Clem-

mie Meyer said: ‘1 don’t like the

notoriety Shis thing has brought upon

me, and I ont like t6°have my name
in the pape

“Why hive e you taken. such adeep in-

9”

_

- “Because he is a weak, sickly child;
ha3 no mother ‘and I don’t think he is
altogether right in his mind. I believe
if he! had not. been placed. on tnal
bef ore Obr.he would never have been
corvicted.. He never struck the fatal
bow,). Ever since the first of January
I hay excited myself in every way 1
knew how for that boy because he w as
bat.achild.”. rd

H Miss Meyer burst into. tears
and it was some time before she recov,
“There “is no more hope
now,” she resumed, “and we must pre-
pare for the worst.” + Then she called |
on several lady. 3 friends- for! flowers or |
Mann's funeral, and as they heard her.
story and promised to bring them many
of them wept bitterly. ; |

ae Fhe Bodies.) >
. Mann's body will remain in jail. to-

night and on Saturday: or Sunday will
be bined in the English Catholic |
Cemetery in, Canton.  Sammet’s body

will be given to his relatives, and will

buried: there tonight. Obt is to be

Ceme Pry east of the phe
, - —_~+@

‘onR's CONFESSION.”

aby Himself, being His Dy
ing § Statements re

Writ

h——~’

ded from the ceiling of the iz

F siderable amount, and to gain Possession |

‘| erate, so damning,s0 devoid of-palliating’ 4

On the eith day yf June. ‘st almost
one year ago, the pie of Canton and |
Stark county we g horrified by the in-
telligence that a crt uel murder had been |’
‘committed near. t town of Alliance.
There were- three tramps, two young
1 and penniless, and the other’ old and
possessed ofa small sum of toney and

agination the two oung tramps magni- | *
ified. this sum of} money . into acon

Noeeeey,

of this: they _ beat. unto death. their
companion, the old man with whom.
they had that. very morning broken
fast with the., humble lunch of cheese
and crackers which: his generosity had
Provided, ~

, On the. 25th of abveinberlaet the
people of the county were again horri-

John Sam met.h deliberately murder-
ed his companion, because the latter
would not agree to testify falsely in
Sammet’s favor. A murder so delib-

features 80 atrociqus, 80 malicious rarely

if any ‘crime o earth. ever deserved
the death punishment, this one did. |

Retribution. ;

These murderers were arrested, tric,
convicted and se tenced to pay the ex-
treme penalty known to the law. - To
day the final day « set for execution
of that dread sentence dawned. To
day was the day on which! J ohn Watt-
-mough and Christopher Spuhler, dead
but eloquent witnesses, were Ao. be
avenged. The law had declared that
three lives for two was a just atone-;
ment, and the day, of that atonement!
‘dawned, as if in ‘sympathy with; the
hearts of, the people, dark and ‘dteary
and with an air of sadness round about
the hours. About 5 o clock: this morn-
inga terrible storm of. thunder, light-
ning and “rain passed over . this | ‘city,
The. grandeur and awfulness of the
elements have rarely been. better” eXx-
-hibited. | It seemed as if the laws of
man and the laws of natute were work.
| ing together to make Black ‘Friday in
ima’ aday of terro hand agony to the
timid, anda time for sideration and
soberners to the bold. i

at

<.| SOHN BRE REX &

a common: silver watch, In their i im-

tied by the news that, in’ Massillon, | ©

ocsurs,and it has | ‘been justly said ° that

ott

ane Del ate ag. 368

Morcha 04

“gsm DERERS I
ea |

anes RCE 3

inate eet aie oe

. a eee

$9 EAST. TUSCARAWAS 81
99h: i “GATTO, | ‘OHIO. ;

4 Chi, Go:

~NEW HARNESS SHOP]

i,-5/'4
if

REED | &! & BAR
eI Haye opened a New .

HARNESS. SHOP

"At Xo, 34 Korth 2 Market Street, ‘In the e gid ‘
. Pietaker is rh as Jackson Hotel,and -
_ keep on large . stock of ;

arness, ‘Saddles, Whips, hho
And everything kept in a first=class shop.

atring done tn a rk
ere fan ts

navies beste rd and Re
re manike manner, :

:. om

|e ‘OLD DR, _JOBM popp’s “ail
Nervine and Tonio: Powders No} aL

A FAMILY MEDICINE

“¥oang nd middle “
Nervous Debili’ Ys witching of
Ringinj dn the Ears, 8 pecks before the Eyes,
ms,. Palpitation of: the Heart, Indigos:

ies Mace Hanoem eet ae
e. Sleep a ore bodings,
and Dr. Dodd's Powders. Lau fs

Old
weak body, and digestive organs disordered,
ing loss of appetite, impoverished blood,
Dr. Dodd’s-Powders and, you will {Seg Sethbis
i had renewed your age and taken anew Teaseot
ife,

Old and middle aged Men who have Kept 1 late
hours and have been improdent and violated the
laws ‘of health and natare u:.til the vigor of life is
gone, and you are prostrafed mentally and physt-
cally. and unable to attend to your business ar du-
ties of life, take Dr, Dedd’s Powders As yoq will
ne yourself men again.

scent Men’ an ‘Women’ with p: ale and hag ard
thin in flesh, broken down in min1 ar

Boddy

that less which

nervous. system, take Dr.
ree ne Tonic Powders and st:

brings om Melancholy, Fits, Insantt ay Pocsam ston
and an early death. ; They will give you b
strength, ang increase the flesh and bring 5 ‘bloom
of youth to the cheeks, tranquility to the mind, and
prodace soand and refreshing sleep. ‘

“Men sudWomen who are slaves to bse of Tovacco,
Liquor, Opium or Morphine, take Dg Dodd's
ders, they act as an antidote and will des =
appetite or taste for the nee of the above s
tants; which is ruinous to the nervous sys’ em). For
saleby Tonner & Co., Esgle Bl ck Drag ne OP:
posite Court House,

Price $1.00 per- Legere of si packages for
If you cannot get them of he druggists
the money to. Stevens &:Co,, Baltinso:
and fhey will be forwarded by mail or express

f MOTT, STEVE ‘8 & co *Proprie
as : : + Baltimo:

H.C. MEYNE|

‘PRACTICAL.,

(UPHOLSTERER |)

RK BLOCK,

| "phe daselnigne: © fo!

co |

Nags
‘| real entata, aa ee ,

4 \
| you.

| W: ‘Pastry cook and one be "
‘| be 8t..Cloud, il eater 5

Ladies eofering with
Hye. | |
» Heads} *

es wha are debilitated and nervoas, with |
4, cane |

ral

fad |

Pow- |

r Davi
.‘| aboye land, will point it oat to an
» ribs ett look at Me

_ gether with two founta,generator

Ae:

Northeast Corner of Public Sonare, |

1. H. CRUND,
Coun bis renun
fifth door west 8f ' ie Se Y
during the da ay and evening. © cae i
WANTED, ei
esa @ lad
1. ie Lndics td ch Cait Leas :
= 89, this eveaing. ss pce: te —

r ANTED-MONEY—
Aaeb te Y-1 Wink te
rate-‘per cent; gopd

june 23 2

TANTED—
dress P.O.
Tuscarawas

vent a- ‘eo0e" Wage ;
i

x 2,
‘street Or MT. ARES

ANTED=1 want th

WAS ta ae ak
i without onbt 1

brought: the best ou!

thiscity, Iam
city ‘selling this ; At If yore only yore

else and are not tenn wi
Siena me, mn age

57 EB.

Ik ow that _
| if ROBERT Prity fp!
_ Office and Yard East sane

ii TED—By. the’ Mille
W: mpany, Canton, ares aes |
ender, - , 14 nie

ANTED—Threo” as

ANTED—Partlea wana dar
W? wi enter work done sooner thea).
sontructors can,do at ay often
erat this so ea .

ANTED—Three c

rors Ba, Me Dise

be Jane 1@ Ar. uW cane

NVENTORS: bring or. send ¥
ENRY FISHE ih rete

}

fuinary
treet, Canton, Ohio.

=
FOR SALE,
See or t Jess than. oon cone :
Fe et Organi ‘aoe uire: s M4 b
vighth street. | =, ray ‘xen

| Janes lw? I _
' OR SALE or exOHANR-bocs Pape
Fens eee 2
r atruier Dp:
balldive. ‘For pat cola

; att BALE or EXCHANGE, » Kew dey beg
ors ‘make. Address Loc af
May lstl oy ff a fae

B BALE Fortysthree seres ‘(ale

Land, situated ih Canton To

joining ‘the west line of the e Unt t
very, only # minut from the tx.
House, Will subdivide inw1,2,8 Sort
tracts, or will sell the whole in one pol
d Smith, who. lives just parted

JOHN, sans

TOR BALE—A first clase Meat Yarter wl
og sau complete: mee pee Tea

aprizt nie |]

BALE—One of Tut's Arethe fot fa
Fountaid is, with two draaght

ood i Be

ei purtenances.: W Noe ;
pial hs Hf a,
ee + {1% Garton, ?

mer : Ye

- Hott a Fa nye
/ ae a

+ : donee ot) 7 :

< Cet he uf a ky oe ‘ ba > : vee — ono eermntan per: Sompamaeaare

ar <3}. Medes fists | ced: fs fost as ke ais hg Coe en eter crane et eee
' : . F - %s for. 8G isi ee |

aa ito renee | Apts :
zeates ty betore symps ae pe segues Rate |

wa 2 | good by

. tt “te top ie {
“Dawn ‘Was cansed: ‘about. eget M 2 Macn’s ie tal tnd p
=f if gendainhe eatin’ the), ad re
Ris Rs RAILWAY.” an “of Dea at _| {ast entered: the corridor. when ne five pa elligar fone the black ¢ caps d
a (ie Tt fa af

ae * 3
ES orld
Hy at Sy, lh

Tai * way to ‘her. r eraotions, and’ hada | Upon them,” jal ‘then stood back, ‘and ||
= : a sourmWARD, F Sy r : fit, : ~The boys surrounded her, sd pd | Obr cried - out, : painted

fs rhe artive -1050 z Good-bye all, a WHF | t.
Siew ae Ope The Youn’ Murderers Pass. Their [ee riggers hiro | ‘Sammet repeated this, and instantly ‘
“cs Greentown © ea amd" _ Last Night, Upon Earth, | [YOR to bide her: too evident terror and eorai en a, te wer) mes Ft
See Se erie Ce Is . misery, “Th + of Bamtber’ E ” a7
oes sik a “+ | attempt had ot ated ont, the fears ee Just wards ware the pres “to its wonderte don yield af on ee ;
ox, FORT WAYHE AnD |. bones and Ih =| del. rang out! its dread’ notes,*gna, |, VBich he had been constantly repeating, Hip eters ay, BS Pie
PPesicsc.aATLWAY. | det in cel oe Sided tatcacn boning ce uotice’| Sea Aiwerae | RAGE, Wagener Tyce ii

i pe .
ee cooare el Pep 1 dor and Jail Yard. a band playing, and the trainp end call | "e-s Sprung the Trap; ~< ||P are getting: We: therefore

oe | of the mil ary. sentinels, the scene wes “And with a. quick | ‘report! and hushed - Tequest you to call on your Ura t W. : 7 .
pA. a . | B. Foye and! get’ a bottle freé of cost | cee. §
au. one.of rarq excitement. and peculiarity, whisperings, the’ three boys, at 11:43) which . ey
Ee A ri me cae Ray of'tlon pcr ne; whole gang of jal prisoners. were sete to death, Qhr moved the mus- | of its wonderfal merite aoa Sarge ; hee
Pi. X es t | gaane e Y well worked. up. ~ Dae: Prisoner cles of “one leg after: he was down, and [* what one regular dollar size bo tle ill} ae
he P { 3. i a Despair = said “Y wish they'd A f bi ty that was all, Sammet did not moves |: do. For sale by i sy a
aM : oa BLOW UP THE JAIL-~° ibaa "| muscle, Mann continged’ tosquirm with | aes i ‘HL Barr. : fies Bh Ee
A. i, old and Neatly Successful Attempt Wi ‘3 his legs, and draw up Bis shoulders, Dra eH A / | eous and every way rellabl 2
P.M. th that cannon. Another remarked Conklin and SI the phys ; —— ys by. W, J §Cool..&! m
aM. |. usser e physicians We. Garsaiae What We say; ‘| « Sold Roo , &:

of Sam met te estapey ere: fire won't do any. good.” ets Dtop Mann, and the: ists general sf Hien BS
: ] y. pronounced him dead. . Mt: =
ie Ata little after 9 6 clock, ‘Rev % M in 8: minutes; His squirming, continued! | | mie that SHILOH'S, C IN| pat gia ; z

| Kabns, came to have a talk with Obr,| for about five minutes. Drs Johnso priv es ae
| Communion Ceremony i in the Cells and .remained until. after, ten. o'clock. and Schilling were the physicians fou’ pare: aa Oommen _ / Jerouie | y Bviornd Uniraraished Tinthy ce -

4D, MT. VEBNON & CO
FTuBUS BAILROAD. —

bay ;

CR i . ( . 2 § = :
f | usiLlon BRANCH. , , at One O'clock this Morning. goto 10:40 Adjutant: Smith. arrived from.| Obr, and they. pronounced? his’ heart, Cough, ~ Bronchitis, . half: wiweet Eupgeration, ‘is what thé lena! ey 2
oY Pts it ne ieee #1 i: .:,| Columbus, and when he failed to: make | beating — stopped - in 133 jg mins: the time, and relieve Croup, ¥ booping | orus Plaster intend 40 offer to the pa tis: Pat
aos en Age ara) | toy commutation bobojeeemed fo | ule ater "tha drop. Dre’ "Drani | cau ag cama atone: anaghon mors | ine taba the prepares ce
{-others. It will cure;where + pave -are.0o éd-in it,” oe eattizih

Bat evinced no grief. Ohr was valli Sammet, ‘and they pronounced’ hig hea

2 ) i |
B f° Clnge do: cn i i. Parting” Sceries With Friends| f ‘-GIVEUP Horg *...~ | and Portman were the physictans fo
eA fe

1 wie ‘ig pleasant ‘to .take,.: harmless! to the | soothin scinof the first,and the seed
panera ww. a and Relatives. , . > e~,| sagryvabont it and gave vent to His feel- still in 10 minutes after the drop.’ youngest child and we, tee what actionof | latter. To ee ‘
se | ° ~ 3 ‘| ing bya few harsh ¢ the: ¢ tir sth D _We. Bay. Price 10¢, 50¢, ¢, and 100. If tidaey ‘branchial, liver, lang, bowel and R fe
{no facturing establishments | “4 er ay.morn ng, w on the » lkwyer'a of his gitar. Sammet_ alked up and| At $1 minutes after. the drop, Obr was fa ame, use Shiloh’s Porous Plaster. < pain “and infiam mation, it- iaAnvaluahlé
gibare stopped work words, relatives and friendswf. tese condemned down the corridor with Mrs Simmonds, | cut down. | His neck was Pronounced, * Sold by. Tonner 4/Co., te Block, | ed aa emically pare, peel pepe ene
boys returned. from Columbus they could | Mann’s grandmother‘ again cried in a broken. Sammoet was cutdownten min-| DrugStore. {/ sg eb. 21 eod atid widely indorped. Pie ope
give, them ‘no ho 9 of commutati Th sf " ‘ 1 | Wo. For cule 8 E. J. ‘Cool's Fathi Dine, A
+ is 5 well supplied to~day | “with |- pe on.. The piteous manner. og utes later, and his neck was broke also, 2 Store, 31-8outh Market St, pe ies
ze the cra, ewepaper reports dreadful despair of dark doom for a times|. At & quarter of 12 the boys “turned in.” Three minutes later: Mann was cut-down |. zt is strange pry many people” will peer eres
ssemed to crush.th¢ ‘life from. the. _ boys,: Obr and ‘Sam met on Obr’s/bed, with Mr | and his neck ‘was also pronounced: prot gontine to suffer day after day with |. ey “Be. Wise in Tine, © See Oe ¥.. Pa .

2. ; ag Di Li
3 oe OS and ‘their megting ith’ the don; ;success~ | Snyder, of Massillon, , fanting them, and-| ken; Thus the execution was d duccess, tn, Sour Sion on General Debilvey'| fees isa fant well” show: by almost alt):

ag } fol pees Was. {= Mano bei tched. 10
bn éda ir dout © ies pg. ws ‘by | Miss Clemmy: snail and oe . for, o powhen rocutre. at our’ store at)
oe ee aw = : | SORROWFUL I THE ‘EXTREME. _ Méyet. | Mann and Sam et slept until i, fei’ Hy Po The End, Caras an 4 bar SHS pelt tzay free of cost ee eeeriaaes ~
gee ean a Bat by dioner tine ibe oye chered up |! #eeeh, when Father Vauinan, "| nde aug vodten wore out dv by’ | Brice tical "oe Come oF felieve them, | cas of Consumption, Aatbom Bean)
re co. ai monsiderably. | Owes sae MIRISPEEED COMMUNION: oe Deputy “Sheriff Card and assistants they” Sold. b your Drugi ist, - Tonner | & rescription ever ‘compounded. tre:
‘of citizens, made aa tof ; In the afternoon many friends and rel-| 7 thet 7 hope. ‘After this tenreaatcg | Wete laid ont'upon boardatin the corridor, Co., Eag} lock D Drug Store. ,. . _- | lieves, as. if by magic, all. soreness and:
“fisking that something extraordins tives visited them and helped to make ceremony Maan lay on hale bea’ a mt where they ‘will remain until night, at - <a _-.* | irritation of throat and lungs. ‘lt is. :
Sager weld bappen. 7 ee, avprosching doom less preying on ‘to sleep again, put Sania Uokableak least, | Samimet’s face’ is s little bldod- 7 WeHave a Speedy and positive. Cure gndeting end ast
i eI bsairany are tninere agi boys ork tee Fi bea the cel! cbathining et and pillow and lay himéelf- on‘the corn tte Be the cinta *PE " as a “. and/ V Head | Ashe. otis, aioe a bottle always on hand.; A few Ho :
of Connotton Valley coal and Rerosirorr. telephone,’ and appeared to | Tidor floor near the vestibule door. He| oO ends the great tragedy: RRH REMEDY. A nasal Injector | Beer fail to cine pt bal eough 0 Ye
i] inde is. their agent. : enjoy the wonders of. that m odern inven- remained there but a. short time, returns a) es Heroes: Pee tre ith exch bottle, eee et ee ‘ee : oot are RIGHT & Co. a
. Hon, Qhr’ and | Sammet with their ic to his cell at ‘about 15 minutes. to 2+  Thede young murderers} died herded, ets. - Sald by Tonner’ & Co: Ei F Wholesale & Reta Agents for: ae
sd doing irre vie at Ae | ourtaR any ZiTHER ; a we aide t a aoe ee federdieeerrd it murderers an so die. None of them } Block Drug Store... ohtaae “county. |. i ~ dece2d! ee:
7 in o: played for thé edification of the then waste. the few hours I have on. i Se
3 ad other pol ta.” nb: Telephone Exchange ofce, |. earth,” Glancing’ over into a *repérter's fortitude _ “of 3 ¢.,a _ Christian, but | The Attraction that Wins. , * Live ‘Long and be Happy. , - ‘
; Among the aflernoon visitors were ae ell,” ‘ghd thinking ‘him gl sep, hb sal a, all | exhibited‘ , wonderful and “Ey ery "person; no matter how pold or Why. ould not’ everyone livé ou

pe Valleley issued a proclamia:

he“el f sal about incredible. personal heroism. / No | indifferent, is susceptible. to the charms | their full’ allotted time, enjoy
ia mgdring e closing - i) oons

of female loveliness. ‘All. admire’ a’ healt and. be ha ? Sure
soldiers ever faced an honorable eath beautiful “woran, cheeks’ rosy. »with | no 3 u

Elizabeth: Sibila; (Sammet’s grand moth: ("t bet he'll’ -baye- lots about me: incto-
er) Mann's grandmother, 7 aoob Sammet ‘day’ 8 paper. . I wonder if the other boys

5 era Mtoday” ; and wife, of Massillon, Phillip Sammet, {aretaking itaseasyasIdo.” death mye thea, ss adnate health, ‘complexion, clear, white and | impure blood, weakiess f i Le oh ae
siderable excitement: prevailed! on | from Columbus, Mrs Winterhalter, Miss -At3 otclock gil the boys were sleeping; |" Pons See pure, untarnished by paints or powders, im OLE:
ennie Meyer, Mrs E Dannemiller, the | at 40 ‘clock they were still In dreamland, acon ous. every lady can py sens poner Sd :
ruts lant night, and it was midnight | latter three Indios of Canton, whd havé | Obr eal ry id hie Fee; pee : ° ‘Watch the REPOSITORY of Saturday ous, Every lady can perma- | th ; ueheral he rar
inthe crowd bad dispersed. he done much to” i hs oF morrow and Ps ey pert you tos | for further accounts of the’great triple Dupree {duties complexion by using ae gran ee i;
B tsp polite about twent = Fito! ALLEVIATE THE coNDITION bivE rou ian ub om rE : me tragedy. It will be interesting. Order | gable toilet preparation that has won its | ete, others,resort to ant valy coe
’ y n num ( om your extra copjes. ° .° / way into ar favor by merit alene. | tised nists beyern erment--. 7.“
4 ar oq.ual number of-citizens, are Of the. youths in their last hours, | Mrs |. At 4 they still, slept. | Rev. Vattman F One trial’ is sufficient, ag, thousauds ed liquors, onl themselvés} f tf aie
ub extra policemen today. 2 J Sibila and. family and Mr A Sibila and | came tb the jail ‘again | ttle before 5 |: All the: ‘hotels, boarding houses and. testify. a a time mewhat better, but | tar * : A
bite family, several of whom took their leave o'clock. ee | restaurants’ are” flowihg over with cus-|-: “Oil of Beuuty” is not. a paint, is awhile much w . Now, why eb e dl
Ty (inmotion Valley Railroad get ‘the of the boys for the last time... ah tere gs, tomers, 7 f. fut R healthful, deliciously fragrant, and Uni- |.this be sq?. It. is well: known. fat 4 oe ae eet
br : to, | | OUTSIDE [ForEs:./* ce tif : :, | versally ronounced “the queen of the | inteili ent portion of our co Pony ene ae
their engines of the Empire |The boyshad # good supper, los cream, | toilet table” Sold by John ©. Geiger, | that. Dr |Guysott’s Yellow Doe Mand 2."
od uppury. “Lt 1s the boss steam coal, oranges, etc, vie [Included in the bill of h . # IIa conkpantos stacked arma on| The photoa ad ketch o of the livcsof Opera House Drug Store Canton. pi Sarsapari la il surely remove’ all,"j°0-
ara abr family use. - | fare.; When |the’ Homeworth’ militia yet "i balls lawn, with headquarters | the condemned, (boys arp. for sale on the » mard&w ly ° | these disorders. ‘This inedicine is! the: ane
ft camp tothe. Fifth street side of the jail at art's hall, on North; Market street. streets, | f e- aca i . ids 3 deme a fs “wonderful discovery: of an emi i : age :

Haan N. a friodo's teams at al] | the ‘three: boyd peered’ ‘tHrough ° ‘the iron {. The Court House yard presonted a war- — a it If you.are troubled. with fever and French / physician, and’ has- proven ba ie
Berd | oy Aces to bd tha :.
auitte dey, ‘delivering Connotton bare--with r. interest,“and a large like pppearance last night." \ [Nearly aly ‘the saloons are open, in ague, dumb ague, billious fever, jaun-'| Self in ¢ tigusands of insta er know, i a ae

ied from: the Emuire mince, | crowd of pedple stood pi . tha outside of |": Adjatant General ‘Smith NEE: to | rect Qpposition to the proclamation of ‘the | dice, dyspepsia, or ‘any disease of the | best oot elie newt arifies to eff

ee I ee ag gd Et ommadtiinn’

eget ae Asi silat pt

P olen ie

tes for the great prize with man who
1, a4 bi tien from the humblest classés,
9; Ma vietsaght himself to read -and write
ee, ttehewas sixteen years of age, a
tha has pushed: himself -by: his-o iri
ttl to the-front rank. ‘both asa elt
<a> BA middastatesman.”

fas comment by: an old army, se

qa the ticket is the kind of tal

at ‘fo -eonfidenti: “circles, and ,of
wiih the people wit hear much mo

fore the. campaign. is. ended. .:The
hits show little of General: ‘Hancock's
mari. Hé has beeh 'so long an offi¢e
seket that he’ has, been careful to make
wlittle record as: possible, except in! a
fe. instances, where,: after” shrewd
‘tkhing by his’ Presidential trajners,
lehas passed before the country ad a
lm of liberty, and/.as an: indignant
=> i Wester against the
bit appointed to execute, and against
Winthority which he had sworn to

Sh : Tom 4 great, vantchy of sources, hole?!
=n @ %,Thaye been able to. gather some
(PR. het as to the Democratic Presidential
“P22. 4q Maine, which hgve_not appeared , lin
bak", Democratic press, and which will
ee ‘Wfind place in. the Democratic cam-

anh atom documents, Winfield Scott Han-
‘tek was born: in | Pennsylvania | of
areas who, if not wealthy, were - per-
“tattigtintdence for in those
Peirce dominion none but sons
Th men or of” persons of ‘considerable |
ingen BE ‘receive appointment |
West Point, ‘General Hancock went
Vir Gerjeral Grant ‘to’ Mexico, and j
When th they returned General Grant for-
‘atlerward is reported to have ¢on-
ered General Hancock with extreme
iy It js generally known among
soldiers and army men! that the
tal dislike of Grant to Hancock
ty Y amounted. to hatred.} After
Se rebellion Hancock: en-
beter rn his chreer as. an. “office
pow Upto that‘time he. Had | ‘not
Lape 6 Wany ability as a constitional
Polltea}

or Sectrell Any reputation as g
hig thinksr. No publie utterancd
o) ret’ ‘att ut any conclusign.
aga statesman, or was in| fart
more thar a soldier, but under

Aviey Johnson Hancock appeared:
rey of the” Andrew, Jobn n
2 hand from that time onward gen-
tio the ‘orders of his: supér-

pe
Ea One oe

& protest.| | at
his first and most: notable” ap

2 Was when he appeared in t
aa grote ‘his’ noted: lattet to
trish - Persons. thoroughly

Se Gendt Tancock’smo¥

me, say that they. ive
ta be level every word of al
uby!Judge o Bite
s bolitic acumen t bears}

Pane mpet all of his prontn-
be Deron lich he made bids
[ihe Democra ic} ; nomination, a

ws which he had |

mained a Upiion mari ko far

‘General Grant, he bore a ‘prominent
part.in the battles; of the Wilderness,
Spotsylvania Court. House and, North
Anna, the second battle of Cold Harbor,
and the operations arow - Petersburg,
until Juné 19th, when, his; wounds
|_| breaking out afresh, he. was for a short
rtime.on sick leave. He afterward re-

seyeral actions, until. Novembet: 26th,
when he was called to Washington to
organize thé First Corps of veterans, -

* After. the close. of . the war. ‘he WAS
placed. successively. ih.com of the
Middle Department, the Department « of
Missouri, of. Louisiana? a ’ Texas, of
Dakota, and of the Departin inent of the
East. He has his headquarters. on

National. Convention. of 1868 he rez
ceived 1441¢ votes for. the Presidential
nomination, «In: 187%, 1n- ‘the Natidnal
Convention of
ceived 75 votes for the: game’ ndéinina-
tion. -

Hancock, “in ” personal appearance, is
tall, well formed -and: very, handsome.
His height cannot be less than six feet
two inches, and he weighs fully 240.
His form towers above other men, and
he attracts attention by his.mere: looks
‘wherever he goes. -.His eyes are blue,
and have a beniga: t and mild expres-
sion. His manner is dignified and
knightly. - . His

of others. ,

‘cerned for the misfort
two children,

General. Hancock h
Russell Hancock and
Hancock. The latter died in New York,
of typhoid, fever, when 18 years of age.
Bhe was a young lady of ‘great promise,
Russell- Hancock, the - General's only
‘gon, is hving and: is a Coad in* Mis-
sissippi. Fe

7 AO Willian H. English?

Willian ‘He English, who. occupies
the second: place on: the Deniocratic
ticket,’ was born in’ ‘Seott county, Ind,
Abgust 27th, 1822,” He received a co's
lege education, and entered the profes
‘sion of law. when he was bot: ‘18 years
of age- “He was early drawn. into poli-.
tics and soon gave up his law practice,.
He ‘participated in: » politics,’ and early

-bater. - He ‘was elected to fhe State
| Legislature, when thé qualities he, dis-

} him fn the Speaker's chair, | ,in which he
‘acquitted himself so well that he was:
rewarded: ; with. a seat. in Gengress,

iwas. then 29 yours old... In 1853 he was
‘iemeles. to.Congress and served untll
‘In Congress his mostim portant

h was made in opposition ta the
Lécompton Comptomise.+ Retiring
from Congress ie retired ‘fram eftive
politicat life-and ‘turned his. attention

2 baa States. rights views, he yet; re-
ar as express-

hea wer shi waite 1
«Ee arms ‘Ss ae

“

eee ae ne “fi See aT |

eg ale HY

‘game- ‘party, he re-.

sympathies | are easily.
aroused, and hé becomes intensely con-.

da. Elizabeth

acquired the ) Teputation ‘ofa beady de+.|

played prom pted his associates to place |./

‘where he seryed, from: 1853, to 1801.’ Te |t

nking. | During” thie ‘war,-while |

sumed commana, and: participated.i in |.

OCVEuUlLU—ALS pieal sFA@uUu YE Ib 44
by which, upon the false count 6f. the
e'ectoral votes of two States, the candi-
date defeated at the polls was déclared
to be President, and -for the first time
in; American history the ‘will of the
people was set aside under a threat of
military violence, struck & deadly blow
at our system’ of representative Goy-

ment.’ . The Democratic party. to

preserve the country ‘from ‘the horrors:

of a civil war. ‘submi ted. for the timein

people ‘of the Union tha
dressed the conscience of a

Governor’s Island. In the Democratic |-

y

y

ing himself determined aha e Myabail Lin- servi

+ 4 Ny

firm and-patiiotic fi ththat’ *the people
would punish this. ime in 1880.. This
issue, precedes and d arfs. every other.
It imposes a more red a ity upon the
if ever~ ad-

ation of] -

ss ry

ool

freemen.

Fighth—We execralé the course of
this Administration, | in making places
in the Civil Service & yeward for polifi-
cal crime, and demand a reform by stat-
ute which shall make it forever impos-
sible for the defeated candidate to bribe
his way to the seat ofa usurpef by
billeting villians upon the people.

Ninth—The resolution of Samuel J.
Tilden not again to be a candidate for
the exalted place to which he was elect-
ed by a majority of his countrymen, and |
from which he was, excluded. by the
Republican party, is‘ received by the
Democrats of the, United States with

sensibility ; and they declare ther confi-.
dence in his wisdom, patriotism and‘

integrity, nnshake ‘by the assaults of a
cominon enemy, and they further assure
him that he is follawed into the retire-.
ment he has chose h for himself by, the
sympathy. and respect of his fellow citi-
zens, Who” regard him as one, who by
-elevatingthe standards of public moral-
ity’ and adorning ae purifying the
public service, merits t the. lasting grati-

| tade of his country ad his party.

‘Tenth—F ree: ships ‘and a thiving
chance for American commerce on the
Seas and of the land. ' No discrimi na-

\ ting lines,’ corporations or: monepolies-

:Eleventh—Aj nendment,. of the Burl-
ingame Treaty, No Chinese immigra-
tion except for travel, therein and
foreign commer “and therein. care-
fully, guarded «

Twelfth—Public money, and publie
credit. for » public purposes solely, and
public land foract lal settlersy. Cai

“Phirteenth—Thp ~ Democfatic. fal
is the friend of | bor and of the labor-
ing man, and pledges’ itself’ to protect
him alike against the cormorants ace

the commune. °

Fourteenth—We
country upon the
a Democratie “Cd
duced the publie
009 year; upd

resperit at bh
peeeres jad, and
prumse.o Such
‘jetrarion of -th

congratulate, the

agres&’ which has re-

expenditure Si
a ‘the continuation of

ebangé in the admis-
= Government as

“honesty. and ihrift of |

e. and, the National |
aboye. alt upon U8,

BYU VAIO UMIEU Witle CLLLILY between

them and with serious diserepanty be
tween their: statements. |
othe: died guilty of a willful: an ‘per:
sistent misrepresentation, and as am-
‘et 80 forcibly expressed . t..F iday
‘morning, “one or the other was bound
to take the wrong road.” , If seems that
proper influence, exerted’ timely ight
have induced concessions ‘from_one or
the: other. - There was no possi bility
of one or the other or both being 1 is-
taken. One was honest and upright,
the other was false. Ong died con-
scious: ‘of having maintained the .truth
at all-times, the other weet died

with alie upon his lips. -
Thosq: who have. watched th cases

-| from beginning to’ end have no hesi-

tency in declaring thet the ons who
died in the midst of mi represehtation,
was Mann. Indeed, all. the evidence
seems to be conducive to that’ conclu-

sion. : If Gustive Ohr told {fhe truth in |--
the Cleveland Herald says: “It is to the |

this particular he deserves credit’ for 80
doing, it was his duty to tell the’ truth,
to fear nor favor none, to do justice to
everybody and to his own soul. Af -

did this, and the probabilities. ‘are that
in this particular - ‘he did, al neuer to

-him for it. aw

Lifeis Sweet. of

But ‘we must remember that George
Mann) ‘loved life, and. had pes .of
saving it; havyjng committ himself
té the innécence hypothesis,’ he could
do nothing else but maintain it’ upon
that¢laim he based his hope for- com-
B tation. Once committed to that pre-
“tention, either through thepro ptings
of his own mind or at theanggestion. of.
advisers, he could well do nothing be-
side stick to it.. It'was the only; course.
open to him, and that he adbereh to it
to the last, and died a man, is to-his
credit. Life is sweet, and George Mann
loved his life as wel] as anybody.
He} fought. for: it in the only
F Way. | which ‘promised encouragement.
He is dead. They are all dead, and pub-
lic opinion can afford to be charitable

with the memory of them all. aed ©

In ‘dying George ‘Mann,. Gast: ve Ohr
and Johu Sammet exhibited a
or -courage, or indifference, or uncon-
‘sciousnes® that was never befo -equal- |
lel by} murderers so young, if indeed of
any age. They were weaker, Wednes-
day night, and ‘Thursday evening than |)
they were 1, Friday morning. ‘Thelr |,
hopes ‘were blasted, death lared at
they” did. not | flinch.

‘nos wailing ) . and
of se If-passession,

them, brit —
There. was
mouning, bo Poss’

eral hours’ each: ‘Thursday night. —All
- | dtd somethings | the next mere: All
talked” in? their usual tone ‘af voice,
Tye. were three: boys in yearsand age,
bat ure Wits it fortiandes || Ea

. Facing Death. |

atk 1 hee
port ' the) dred seaf

s = Oiee

lic} mo pent the agony of ‘hich pen cannot

Ee A : doueribe, w

hence, fact ind; rt

~ One.-or » the

heartl

ness, |.

ng ghysicat Weakness, They lept sev- | /

my.

Se eS SN

sew eee

plishment. ,

Through all théne: tryin beni the
Sheriff. ‘hag’ been the ga 3 calm, uns
rufiled gentleman, courteohs ahd oblig: |
ing to‘all, always ready, nt‘con-

Sistent, _Priviléges: and. favors, but
| always. _ready-t

‘carefully. guard the |
interésts-of theta Ww and te safety” of
his ‘trust. ra

In this work. the Sheritt has had s0
valuable assistance. Deputy Sh

right man in the: right: place, and has’
through: it. all been Mr. Altekruse’s
trusty and trusted lieatenant. | Mr.

Richard. Powell, of Massillon, ha’ also
proved himself’ an invaluable assistant,
and desery es great praise for his faith-
fulness | and courtesy. Others | of. the
Sheriff’s “assistants, includirig “Lewy,”

the a

Governor Foster.
‘Ia 4n editorial upon the execution

eredit of Governor Foster that. he: re-

mained obdurate to all these. _appeals.
His ‘invariable ans wer’ was that: ‘the

law must take its couse. - The- “crimi-

nals were fully and fairly: ‘tried. ” - No:
pretense to the. contrary yas offered.

Their ae? was undeniable and clearly

proven. | | The only plea presented for

interference was their. youth. But
that youth did not pve the commis-
sion of the crime. Nor did it lead them

to respect: the: age and’ helplessness of.
their Peping Victim. Nor was there

any trait of: youthfulness: in the. fero-

cious brytality of the deed or the utter

their subsequel _con-

duct. Being old enough to commit so
foul a me @;. they were old enough. to

suffer the legal penalty, - ‘Governor
Foster vill have the approval of every

rightminded person ‘1n/ his determiria-.
tion to let the law take its course.”

oy Exeéution motes:

The drop was 614 feet. . ?

‘The: REPOSITORY’ of Friday had an
immense sale.‘ * Ee hoe

‘Samet was the coolest man) during
the morning hours..: oN

tApeab a a dozen newspaper den wit

nessed the hanging. .

The Cleveland and Pittsburg Seporters
found | the REPOSITORY. a eon con-
yenien ..

' Two én fainted while the | boys were

about six weeks, and will, be open toin:'
spectio on certain days. Le ee
The leveland : ‘and PittsLurg. news-

paper en were surprised nt ‘THE RE-
POSITORY enterprise, and were protuss.
in set compliments. -. ;°

| ‘The| gallows, which ‘was’ bailt by |
 & Son, of. Cleveland, was per-

fect: of the Matlices: were. here
yeste Yy, a3 ‘spectators. eee

Ts

-

|'John.”
a the telephone. that Mrs. Allen need not”

riff}
Card has every way proven himself. the |

Key, have done well their pargs. | ic;

| | same thi 1g myself, an

eye westasca

geseceiuoe prepared
the r noosés and placed on the black « caps:
Sammet. w -.to talk through the *
-REPOsITORY. ‘telephone, | ‘and. wan
Mrs. Allen‘to play a tune for him, “jus
“one ‘last tune,” he said. © But. hfs atte

make it any longer th 18 neces:

sammet then ‘called | through

*

e | play, doing so in’ a clea? Yoice. .
; Ser INC Perea hier e = 4 °

At We Couldn’ t Haye a Beiter Hang:
ing Than That We'd—?-
~. St. Louis, Jane 26. Hayden Bient

‘Mo., ‘yesterday afternoon,’ in’ the pres-
ence of a large crowd. This is the man

wife to kill themselves ata certain hour,
but who was prevented! from. carrying - :
out his part of the arrangement by offi-/

gorge a heavy dose of morphine. }
wife was more successful, ‘she ha ye
‘shot herself with a. pistol, as W: ia
ported from Kansas City’at: the t me,
Brown ascended: the. seaffol é
Pp. w., and after. religious.
Rev. Mr. Ellington, of the, Methodist
Church, be stepped forwa
quite as h td the ¢t iw in attend- :
ance. Ha said: “Lf you Avil keep alla.
‘minute lL will talk to you. in regard ti

my poor, dead’ child-wife. ' To every
ild ‘I want to say >

“man, Wo an! and
that I -have nothing against) youand |
hope that! you ‘AML “haye. forgiven me.:
May God ihave mercy to-day. on me and:
all of, you. stand today on the gales
lows to. pay/the penal y ff my crime.

nize, I Ww int to. say, I
‘out here t day drunk.

you ike’ where T°
.am: »/
He asked to be buiried
and held n-his hand a boquet and asked. .
if there was.a lady that would see that -
it was
hands.
will doi ” Many hands, were raised by’
the women ‘and the chy. “Here, here,”

came frum every quarter. Brown aske
ed all the reJatives of his: wife.
were present to raise their hands in to-
ken of orgiveness. One of the ‘dead
woman’ as
ed her hand. ‘Brown ‘said “Thank-God, ~
‘there is'one.”| ‘The culprit then stepped
on the rap, the. bl]
the TO adjusted, the: ‘trap was sprung,

was br ken he died in mi hien ten aft

‘Peo le Wondered i, the bons meait mid au shin: :

Gants hurried him away, saying, = o

a LL ONLY ONE! Caen

who murdered his wife’s mother overs :*
year ago, was hanged at’ Huntsville. -

To the young, many ~ of whom I recog: Ay
ii them riding® i

Sich his wite:

who attempted suicide’ in the: ‘jail at...
ansas City, some nights ; ago. in accord- =
| ance with a plan between himself and

_cers, who by choking forced him to aixt _

‘and mude ya

‘

Ihave donethe:: .

t “on his. wife's dear little. 7
es want,” he gaid, “to! see who

eho”. - :
sisters were, present and rais- ~
ack Gap’ was pat. on. =

wn’s soul was launched on. the 2 i
wee ternity at, 1.28 P. mM, His ‘neck | ae

clits

Colas ois Rrapeler “©

- ~—_ s * be 4 a
‘ +

at

Ly [O72 Pee

.

seb acs
PIATOR.

October 48872, po

oa or meena
ee ee. he ST

D'FANCIES. |.

wh theé DispatTen 1”

MO i mts Panne ee A oes
ee . he . Py
obs,

ements of sermons,

urged for at the fol-

sanpheeclonts sonnsrers DOO WE
LPN OB... ee creer Ne *.
tri¢tly (venevo ent

rates, ear

Mearns dey -
‘

“at will please take
subsertpiions to be
This rulets necer-

Lr all papers dellvs |. &
my-earriers every | \ \
n-all-casce, when |W

{o°me for three
er WI be stopped
ry can sottle their
eet, from #o'clock
u the eventing, and
all promptly every
_D. BARKER,
-TuK% DISPATCH.

‘erment.)
‘Mn County,
Gut;

on.

cement.)
in County,
NON,
ship.

or Lancaster to-

was. noticed to
ures of Colonel

net at Deshler
aks to the Ger-

leredSsome ex-
r of Long and
lock this morn-

Masonic guests
they tendered
Blount, a testi-

Richly de-

' of George K.
igh and Town
he reception of
‘for Cincinnati
‘ity his perma-
aken pass-nge
ill stop overa

wons Who were
: af the recent
jes jn this city,
last evening.

caining the re-
lisecription and
-red murderer,
the ‘police and
cities through-

y Business In-

JON BARCLAY.

; ROSA

—_—

THE GALOWS CLAIMS 178 VICTIM!

HIS SHORT SPEECH.

Kull Particulars of the Event

Our renders have not forgotten the
heartless, cold-blooded and unprovoked
murder of Garner by Barclay; how he
conceived and matured his plans, the
testimony on his trial, the story told by
himself in his confession, and his letter
to Meadley. * They well remember, too,
the verdict of the court and the sentence
it pronounced —‘ John Barclay, on the
4th day of October you shall be hung by
the neck uutil:you are dead.’ The last
act in the terrible drama has been enact-
ed to-day.

A large crowd collected in front of the
jail at an early hour, but only those to
the number of about sixty, Who were so
unfortunate as to have tickets, were ad-
mitted to gee the last gasp of Barclay.
The gallows was erected at the farther
end of the prisoners’ apartment of the
jail, and is a very neatly constructed but
gloomy Jooking structure, being nearly
16 feet In helght, 6 feet square width,
with G.feet dead fall, On a balcony en-
circling the prison cells, chairs were ar-
ranged to nccommodate reporters and
members of the press, affording every
opportunity of seeing for the Jast time
the animated form of John Barclay on
earth. rf

“At on early hour.this morning, Revs.
Moore and McNulty, of the Wesley
(Episcopnlian) Churehies of this city nes
companied by Mr. Rusk,an exnorves jw.
Mrs. Lewis and De Son, visited the jail
and held impressive services constantly
until the condemned man was led from
his cell to the seaffold. /

At 10 A. M. the rite of baptism, by
sprinkling, was administered; singing
and praying was then again resumed,

it ig the best

Rerelay appeared visibly nflected at

‘Vcharge by the Sheriff. ~~

multed by tte slow process of atrangula-

tion. 7
Drs. Denig, D. Hialderman and G. W.

| Maris'were immediately in attendabce.'

‘The usual medical appliances weré used
to detect symptoms of life, but not until
twelve. minutes after bis: fall was life
pronounced extinct. “Five minutes Jater
the corpse was cutdown andand taken in

ee

MASONIC.

Concluding Musiness of the Grand Bodies
—Ofticers Hlected.

~ fhe Grand Chapter, Royal Arch Ma-
sons of Ohio, concluded {ts business yes-
terday, aud adjourned to meet in Toledo

‘Hon the first Tuesday In September, 1873.
me fvove dE Grand..Commandery,--- Knights.
‘Templar, selected the same place and

time for the next. meeting, and elected
the following named-officers for the en-
suing term:

Sir Enoch ‘IT. Carson, of Cincinnatl,
Right Eminent Grand Commander.

Sir Charles C. Kiefer, of Dayton, Very
Eminent Deputy Grand Commander.

Sir John Wesley. Lewis, of Lancaster,
Very Eminent Grand Generalissimo.

Sir David Atwater, of Massillon,
Eminent Grand Captain General.

Sir.Juucius B. Curtis,of Mt. Vernon,
Very Eminent Grand-Senior Warden.

Sir Leander Burdeck, of Toledo, Very

Eminent Grand Junior Warden.

Sir Lafayette Van Clove, of Cincin-

nati, Very Eminent Grand Prelate.

Sir Peter Thatcher, of Cleveland, Very

Eminent Grand Treasurer.

Sir James Nesbitt, of Troy, Very Emi-

nent Grand Recorder. .

Sir Justin S. Wilson, of Urbana, Very

Eminent Grgnd Standard Bearer.
Sir Brentoh D. Babcock, of Cleveland,
Eminent Grand Sword Bearer.
Sir Jo. F. Culbertson, of Columbus,
Eminent Grand Warder. +
Sir Jacob Randall, of Waynesville,
Eminent Grand Guard.

The Couacil of High Priests conferred
the order of Priesthood on thirty-one ap-
plicants.

The Grand Chapter sclected the follow-
ing additional officers to those elected on
Wednesday :
Georgetown, was yesterday re-elected
Ix. Gr. Treasurer, and James Nesbitt,
of Troy, was re-elected Ix. Gr. Secre-
tary.

Nhe three grand bodies returned a vote
of thanks to the City Council for the free
use of the City Hall.

or oo

LOCAL NOTICES.

Homr AGAIN.—Having been absent
from the city for the past two weeks, our
Photograph Gallery, corner High and
Town street (remember the place), was
necessarily, closed, but not ‘for good,”’
as many supposed. Tho Gallery Is again
open, and we are ready to wait on those
whom our style of Photographs ‘sults.
We also copy and enlarge all kinds of

OLUW pause wn, - er Pe Se 2a : °

India Ink or Water Colors, by \ tT fr
Miller, tho well known artist, who col-
ored the pictures of the ' Little Laugh-

ing Girl’ and the ‘Little One in the

Bowl,” exhibited by us at our late
County Fair.
ocl-1t

1

Gro. R. Evuiorr & Co.
ee tlie AI mei —* “

Very

Flavius J. Phillips, of Ne

ST. LOUIS FAIRI

ROUND TRIP TICKETS FROM

INDIANAPOLIS OR CINCINNATI

GOOD OVER EITHER THE

VANDALIA LINE

INDIANAPOLIS AND ST. LOUIS,

—-AT THE—*.

| : ————~Ratotfrom Rate from
/ indoap'ls Cincin'ti

Kansas City and return via Mo.,

Pacific or Bt, Lols, Kansas Pa

UHIU ANU MISSISSIPL KauRoaDS, |

Following Unprecedented. Low Rates: 7

&
; on cenemieromt - ene

* To Tho Pubdite. revi
Itina well known fact ‘that the Ree},
publicans have always'claimed for them-| PEQE
selves to be the representatives of all the)
morality.and decency-In-the.communt- ak entean
ty; and that, they always selected thelr | Treasure:
candidates for office for thelr virtues {n | Prosecut!,
these respects, How. about their candl- par reabaet
date for Infirmary -Director. He keeps alecrincied,
a.whiyky shop open every day and night|
through the week, “and for fear of not, Proiaia
having accommodated all, he keeps his Auditor.|
mill grinding Sundays too. Is it possible | Treasure,
that the people of Franklin county will pd ath
support a man for County Infirmary Di- aed
rector who is making paupers every day |.
> 4 9 A? YER. , f
by salting whisky? A TAX PAY ER, | wy yeiPl
sept25-te ° 4a By you
area 6 ce eae ae you for!
— Noweyrer Pianos in the world than-| prosecul
Decker Bros’. . ——~eet2-eod 1 w— | dence £0
ite atten stent -— a pee at  aelaateaiae ith | Db
Coa, wood and kindlings promptly Tevelect
delivered by Geo. VanDeusen, No. 129 ment on!
North High street. sopl7-tf Aoee|
MITCHAMORE, revere
’ . Two },
. . ; . feonnder
' _ | Treasury
The Leading Cigarist, |eson
J to be- th
P or ther
Wo. 3 South High Street, |fonvan
2 NTE icy miet you.
BRANCHI_No., I Postomice Arcade, your ap
COLUMBUS O.| Angn
GRAND JOINT Eps. }
. y ‘ian
, . coming!
e
Eps, })
3 of JAE
nden';
; voter
: oblige
TO THE ey
= ae na [Oa
foam
.
WES TY hes
, ' ec n

nomead mie = 7 rh
ED. p|
INCLUDING THE PRIVILEGE OF VISITING THE eee
Probate
;
—

oat


agi bodes ja this city,
‘ homes Jost evening.
ter containing the re-

d the discription and
ho alleged murderer,

sent to tho «police and
he large cities through-

‘rankio Business In-
is that it Ja the best
nat has ever been con-
y. The course Is very
uplete. Life scholar-
arses ~ Open day-and

this morning, Willlam
drunk and disorderly,
‘d,  Willlam Kinney,
tly, fined $10; commit-
mn, from Cincinnati,
ty daysin jail. John
1$1; committed. 7
‘RMAN, of Jefferson
tally received a fatal
last while crossing &

The guu was dis-
load entered his arm,
| from which death
urs,

ion Business Colleges,
‘incipal cities of the
uch in this ‘city, near
‘rof High and Broad,
very handsome cur-
lonly in the business
mnstitutes uw very pop-
ivertising enterprise.
d to be secured by the
(idence of the people
es, and the National
ic will pay on demand
unds. The institution
lit, and well managed
tronage at all hours.
ness manager, “ Mr.

Sells Brothers’ Circus
ic popular Columbus
1: bas been making an
rough the Western
iome ogain on Friday
‘ber 11 and 12, This
on has recelved a per-
ver it has gone, and
: people of Columbus
id--in- extending the
ne.

Excursion.—Eexcur-
st will remember the
offered by the Vanda-
s & St. Louis, and the
iSRailroads. Persons
»y this line will be al-
a of vistting|the Bt.
1 Columbusf tickets
ed for Indianapolls
ntral,the old relfable
For further particue,
de to our advertising
wing gentlemen rep-
t lines: C. C, Cobb,
Agent Ind{fanapolls
Mo,; ¥. Van Dusen,
gent Ohio & Missis-
cinnatl, Ohfo; Chas.
1 Passenger Agent
souls, Mo,

wan

Ol LAO. V¥ Osage y

~ mw ee Beh oe ony
(I plscopnlian) Churcliew of this city nen
companied by Mr. Rusk an @xnorvel suse
Mrs. Lewis and De Son, visited the jail
and held impressive services constantly
until the condemned man was led from

his cell to-the scaffold.

BLOOPE BANG MCINUEY,

As Barclay stéod on the platform, ina

-At_10_A, M. the rite of baptism, by
sprinkling, was administered; singing
and praying was then again resumed.
Barclay appeared visibly affected at
times, but never lost the stolid'Indiffer-
ence, whether natural or affected, that
he had assumed since his conviction.

Sherif! Thompson made his appearance,
and after reading the indictment, find-
ing,’ sentence and. instructions of the
court to the Sheriff,-the prisoner was
taken from his apartment to the scaffold.
As he passed the cells of his fellow pris-
oners he‘gave them’a hearty and fare-
Well.shake of the hand. He mounted
the scaffold with’ a steady step, accom-
panied. by his attending ministers-dnd
Sheriff Thompson and Deputy Sarber.

neat suit of black, with cleanly shaven
face, he looked more the gentleman than
the confirmed criminal he confessed
himself to be. <A few tears were stand-
ing in his eyes from the religious excite-
ment of the morning, but otherwise he
was even more calm and collected than
those who occupied the reporters’ seats
or were Jn the audience below.

Many who have witnessed former exe-
cutions asserted that he was the pluckiest
man that ever mounted a scaffold; but
whether so or not, his abandonment and
indifference surprised all those who had
known him in the past.

After the reading of a portion of the
scriptures by Rev. R. R. McNulty, and
prayer by Rev. Mr. Moore, Sheriff
Thompson asked Barclay whether ho
had anything to say. The condemned
man advanced to the front of the dead-
fall, and spoke as follows:

“GENTLEMEN:—L[ am guilty of a‘hor-
rible crime, and you are here to witness
the-execution, which is enforced upon
me—and now I commend you to your
Heavenly Father, and trust and hope
that you will fulfill His law. My love to
you all, Beware of rum. God bless
you. Good-bye.”

He then shook hands with all on the
platform, advanced on to the trap door
again, and awaited the adjustment of
the fatal noose. Deputy Sarber quickly
pinioned his limbs so tightly that Bar-
clay could scarcely stand erect. He look-
ed at the audience,smiled and said some-
thing,which was inaudible to our report-
er. The rope was about his neck in an
instant, aud the black cap pulled over
His eyes.

That instant the stillness of death per-

vaded every part of the room, even the

prisoners who were securely locked tn
their cells, sat on their coarse wooden
seaty us dum as, munoimles. - Sheriff
Thompson then stationed himself in the
rear of the gallows, placed his hand upon
the lever at 11 minutes before 12 m™.,
sprung the trap, and Barclay was hurled
into eternity, his animated bedy dangling
between heaven and earth. But the
rope had slipped and the vertebra of the

neck was not dislocated, and death re-

At twenty-five) minutes of twelve

lexclusively. at J. M. Ellfott’s. —

lever before made,

open, and we are ready lo wall on those
whom our style of Photographs ‘sults.
We ulso copy and enlarge all kinds of

OLU Perens enw me 0 Aten ens bon
India Ink or Water Colord; by Mr, 2° 4P.
Miller, tho well known artist, who col-
ored the pictures of the Little Laugh-
ing Cirl’’-and-the—'' Little.One in the
Bowl,” exhibited _by_us_at_our_late
County Fair.
ocl-lt |

CONSUMERS should use from one-fourth
to one-half less of Dooley's than of other
Yeast or Baking Powders. It is put up
tall weight. — —- a

Gro. R. Exvvrorr & Co.

Venn

Sirabow (or Rembrandt) photos, at J.
M. Iliott’s gallery, 95 South High
street, sep29-5t

Bring your Old Pictures to J. M. Et-
Liorr if you wish them copied. We
have no solicitors.

Visrr J. M. Elliott's Mammoth Photo-
graph and Ferrotype Gallery, in Johnson
Building, 95 South High street 829-5t

A. No. lartistemployed on Ferrotypes
829-56

Mrs. A. H. SELLS has just returned
from New York with a full stock of MIL-
LINERY AND FANCY Goons, and Is ready
to receive orders at No. 90 South Third
strect, . opposite Firat Presbyterian
Church. ‘Opening, Friday andSaturday,
this week. ol-lw

a

Ger some of Elliott’s new style Photo-
grapbs—they are splend!d. No. 95 South
High street. sep29-5t.

MILLINERY OPENING.—Saturday, Oct.
5th, with a very choice selection of im-
ported French-pattern Bonnets, new
shades Velvets, Silks, Ribbons, French
Flowers, I'eathers, Fancy Goods, Jewel-
ry, &c., &c. Please call and examine at
Mrs. H, PhimprTon’s, No. 132 South High
street. octl-4t

Tire peculiar qualities of the Decker
patent Piano Forte: Ist. Extraordinary
volume of tone; 2d. Evenness through-
out the scale; 3d. Excellentsinging qual-
ity; 4th. Richness and brilllancy; 5th.
Superb action; 6th. The power of stand-
ing in tone much longer than any plano
oct2-eodlw

> a

> <a
Five HuNDRED THOUSAND.—600,000
Bottles~of -GREEN’sS AUGUST FLOWER
has been sold in this State in three
months. We only ask you to go to any
drug store in Columbus and get a Bottle
Irce of Charge, or a regular size at 75
cents.. very ‘Bottle warranted to cure
Dyspepsia or Liver Complaint, Sick-
headache, Costiveness, Heartburn, Wa-
terbrash, Sour Stomach, Indigestion,
Impure Blood, and all diseases caused by
Impure Blood, or deranged Stomach and
Liver. Try it. Use Dr. A Boschee’s
German Syrup for consumption.
marl2-lyeod.

Miss Frazey will open on Thursday,
Friday and Saturday, October 8rd, 4thand
5th, an* Elegant assortment of Fall and
Winter Trimmings, with many Choice
Noveltics in Fancy Goods, ready made
underwear, elegant Kid Gloves, &c., at
Ladics, Trimming Store, 39 N. High st.

Columbus, Ohlo. sept2s-1w

INDIANAPOLIS AND ot: LUUloy

—oR—" Se

—-AT fHE—\

Following Unprecedented: Low Rates

!
I J indpap'is Cinein’ti
Kausas City and return via Mo.,
Pacific or St. Louls, Kansas -
city and Northern Ratiway....#15 00
St. Joseph and return via Mo, :
Pacific or St, Louis, Kansas
City and Northern Railway a
und Kansas City, St. Jo. and .«- +».

Leavenworth and return via

Pacific or 8t. Louts, Kansas
City and Northern Railway secens

Atchison and return vise Mo, ra-
cifilc or Bt. Lien Kansas City

and Northern Hastway..eco- 16 09
Luwrence fand return via Mo.
Pacitihx St, Louis, Kansas

City aYid Northern Railway
and Kansas Pacific Railway...
copes and return via Mo. Pa-
cific or St. Louis, Kansas City
and Northern Kailway and
Kansas Pacific Railway............
Junetion City and return via Mo,
Pacific or St. Louis, Kansas ,
City and Northern Railway,
and Kansas Pacific Railway, or
via Mo. Pacific and Mo., Kan-
sas and ‘Texas Rallway,.......00.601.48 22,00
Wichita and. return via Mo, Pa-
cific or Bt. Louis, Kankas City
“and Northern Kailway, & At-
* ehison, Topeka and Santa Fe,, 26 (0
Baxter Springs and return via
Mo. Pacific or St. Louis, Kan-
‘gas City and Northern Kail-
way, and Mo. River, Fort
Boot And Gull Ry Ru..cccssessceeseee ws
Fort Scott: and return via Mo.
- Pacifio or St. Louis, Kansas
~City and Northern Ratiway, —-—-
and Mo. River, Fort Scott anc
Gulf Kk. R., or via, Mo. Pacific
and’ Mo. Kansas and Texas
Railway... eee
Humboldt and return vin Mo,
Pacific and Mo, Kansas and
Sexas Railway,or via Mo. Pa-
cific or St. Louls, Kansas City
and ‘Northern Railway, and
Leavenworth, Lawrence and
Galveston RK
Neosho Falls and return via Mo,
Pacific and Mo. Kansas and ;
Texas Ratlway..iscccscccresseeseresere 22 00 ' 23 00
Seneca and return via Atlantic
and Pacific Railway... cer coe 21 25 (BB
Passengers will notethat either going or com-
ing, they have the privilege of three routes to
St. Louis, two from Indianupoljs and one from
Cincinnati, and two routes from St. Louis to
Kansas City. They can go and return by the
same route,or go by one and return by the other,
on the same ticket—except jhat ticket issued
from Cincinnatt will not retarn by Indianapolis.

15 60"

eu

>>
wow

ov

22 00°

20 CO

_ TEE ,
Great Annual Fair
"AT ST. LOUIS, .

Which passengers buying tickets have the op-
portunity of visiting, will be neld from

GOING WEST

Tickets will be good from Indianapolis or Cin-
cinnati, to St, Louis via elther the Indianapolis
and St. Louis Railroad, the Vandalia Line orthe

to 12th, and from St. Louis to points of deat!
tion over the routes as above specified, up to ete
including October lth, P

° , pin

RETURNING EAST
Tickets will be godd“up'te and {nolnding No-
vember 15th, over the routes as above specified
with privilege of either the Ohtoand Missiasipp{
Railway. Vandalia Line or Indianapolis and
St. Louls Railroad, from 8t. Louis to Indiana po-
lisor Cincinnati, » yhoo baie ie
5 ‘ 2 Cc. ©O. COBB,

General Peasenger Agent, Indlanapols and St,
— Louis Railroad, 8t, Louls, Missourl--—_ re P

OF, VAN DUSEN,

Goneral Passenger Agent, 0. & M. R. t
nati, Otto. ger Agent, 0. & R, Ctpcine

OHIU ANU “MISSISSIPI ~KAURoADS,
Rate front Rate from | |
$17.00 |
__Couneil Bluffa R. Brvtcninrrre 16.0017 00 |

——1T $0

18 00
18 75]

20 00 |.

October 3d.to 12th, 72.]

Ohio and Missiaai ppt Railway, from October 7th | :

Q)

outs, Mo,

General Passenger Agent, Vandatla Line, 8t, |,
. . ’ t St aes

+d

1
wi
his
CHARLES E, FOLLETT, | | 1,


Case of John Darclay

Columbus | Ohio (3/2

ae

| to Chair After Lausche
NSALER

vLAIM
Declines to Intervene

ly Kees Wide boca eit Lorei- es SR le cet iii : sii i
i AER ATESE SS RR E Erild
a ‘ ye: Pe oe 2
"eae Harold A. Beach, 23, died in: Rea miele EN SMES SIGE Eh ge oeATa

5 aici’ oa ths electric CMMP™at 8:10 last;
night for the kitchen-knife kill-'

& Kip ing of Sheila Ann Tuley.
; ; | The psychopath who enticed
“e Rae eight-year-old Sheila to an alley
we here with a quarter the night of
a NS ‘Jan, 1, 1948, and fatally stabbed
: Cae ‘her when she screamed, died mum-
bling prayers, his voice shaking.
= _ Beach went to the execution ;
‘chamber at Ohio Penitentiary a
with a wooden crucifix in his
hands, following Rev. Cc. V. Lucier,
prison chaplain, at 8:03, the Asso- Ca,
ciated Press reported from Colum- <—

bus.
ae Wd : Father Lucier comforted the
: ; slayer while prison guards buckled
the leather restraining straps and
hooded, his face with the black

i mask.

‘Then Warden. Ralph Ww. Alvis ( >
gave the signal. A current of 1,950
volts threw the chubby, short body |

hard against the straps.

Given Catholic Rites

_» Forty seconds later the voltage
was cut to 500, 10 seconds later it! Seacoast ras sao edad vais d A Ae
was brought back up to 1,950 volts. ; dive Tur cai Saee ASSES AN Fa

5
\

gt Baa tie Tigi POoe et oy 4
Ld I EEE Ras Sa RE Sibel Snel P pe, és, ,
‘ REELING tn PORTMAN ee

vy and then it was turned off.
Father Lucier administered final’

_ Catholic rites.
State Representative John J.; |

a Sue Gallagher (D.-Cuyahoga) was| |
; among the small group of newspa-! |

permen, prison guards and Cleve-) aes

land law officers who watched the: : .

: electrocution. - |
Me Le ; Gallagher said he wanted to get
“ ee at first-hand knowledge of capital}
‘ punishment. He said he would ask)
the Legislature to abolish it in a)
pill to be introduced next week. |
aed Deputy Sheriffs James McHugh
43 poe and Frank Snyder, among the first
> ‘to investigate the child’s death,
“also watched Beach die.
Clemency Bid Falls
ee A last bid. for Gov. Frank J. |
“| Pagusche’s clemency failed yester-
| day when the governor concurr |
_with-the state pardon and parole
- | board, which advised that he should: |
i not stop the execution. The board |

| went over Beach's case on the re-

quest of the youth's mother, hie

: last outside visitor in death row.

y ‘The mother, Mrs. Evelyn Beach

pM ingshe Moos Be ay eds Kimball, had.done what she prom-
EGR I a ie EA OSES ised on the night of last March 11,
es when, at a room at the Y. W. CLA. ee een eT, ene

here, she said she would “stick by Gis Scr asn proc trk CSTR Ml ott eas Ele
him” as reporters told her of the a Plies : :


Ae
BEACH, Harold, white, 23, electrocuted Ohio (Cuyahoga) on 22199.

"Baltimore, January 13, 1948 (AP) = A slender filling station attendant who likes to
play the trumpet told Baltimore police last night he killed eight-year-b@iSheila Ann
Tuley with a kitchen knife in Cleveland New Year's Day when she resisted his advances,
'She began to scream and I lost my head,' Harold Beach, Jrey 23, recounted in a

police headquarters room filled with detectives and newspapermen, The little girl's
body, thedress torn and covered with blood, was found on a neighbor's porch, less than
a block from her house, She had disappeared earlier in the day while on her way to a
drugstore to get cigarettes for her father, Edward J. Tuley,.

"Captain of Detectives Henry J. Kriss said Beach, a bespectacled 1)0-pounder who stands
five feet four, was arrested yesterday while changing a tire at a filling station
where he had worked since coming to Baltimore Saturday, Cleveland detectives were here
to fly Bim back to Ohio sometime during the day, He said he was willing to sign papers
waiving extradition, Tuley, a 3l-year-old mechanist, said in Cleveland when told that
Beach had confessed, ‘If it is at all possible, I want to witness his executionees
Several days ago I was quoted in the papers as saying that I hoped the individual who
killed my child died as horrible a death as she did, If this man is the killer, that
still goes,' Kriss said Brach gave the following details: Around 1 pem, on New Year's
Day, Beach left home to see some friends, failed to find them, and went to a motion
picttre show, It was a double feature = XXX 'Savage Love' and 'Native Bride,!

"He then returned home, took a kitchen knife, and once more walked out. He met Sheila
Ann on 12)th St., on the way to a drugstore to get cigarettes for her father, He gave
her a quarter, took her up an alley and into a backyard, After the stabbing EXX - 'I
struck her in the back near the ribs! = he put the knife in his raincoat pocket, ran
home and washed the wéapon, Later that night he returned to the alley to see if he
could 'help' the girl. She was gone. She evidently had managed to crawl to the porch
from the backyard, An investigation into Beach's whereabouts was started on information
supplied by one of his Cleveland neighbors, who reported the disappeared the day after
the slaying."

COMMERCIAL DESPATCH, C,lumbus, Mississippi, January 13, 1918 (1:2&3).

"Cleveland, Jan. 3 (AP). = The knife-pierced body of a blonde, eight-year-old East Side
girl who disappeared while on an errand for her father, was found late Thursday night
on a neighbor's porch, less than a block from her home, Detective Lieut. Peter Kekic
identified the victim as Sheila Ann Tyley, daughter of a 3li-year-old machine grinder,
Kekic said that what appeared to be stab wounds from both a knife and an ice pick were
found on Sheila's back and head, He said that Sheila's clothes were torn and stained
and that blood from her face was meared on her hands and a nearby window, The body
also bore several bruises, Kekic reported, Edward J, Tuley, Shelia's father, was
searching the neighborhood for the child when he happened upon the scene, shortly after
Ce James Endicott had sommoned police, Police said Endicott told them he found the
body on his front upon returning with his wife and two children from an overnight visit
at nearby Mentor, Ohio. Tuley arrived while police investigatéd, He became hysterical
at sight of the child's green coat, white sweater and navy blue skirt. Police said they
were investigating footprints and a tire track found near the Endicott home, However,
they said tonfirmation of an earlier theory is that a sex maniac may have slain the
youngster would have to await corroboration by the coroner,” COMERCIAL DESPATCH,

Columbus, Mississippi, January , 198 (9/5&6.)

*

Mrs. Kimball testifiea ror aim: +
| fell down a flight of stairs and
ie ‘landed right on him when he was |
‘oie | just 15 days old.” “He set fires. : fe
once in his plate at the dinner ta- ,
ble, once in the clothes «leset”
She sat among hissing spectators
at the trial, and once was put out
* : “ A of the courtroom by Common Fleas
S es fy ie s Judge Samuel H. Silbert for puret-' :
Khoa a oa a ; ing out “He's lying! He's lying aw-
M sis Ve tS ate full” in the course of a speech by od
% ; “... \Gounty Prosecutor Frank T. Cul-: Bs
ah nS. litan. |

It was the father of Beach, Harold
V., a garageman here, to whom the
Napanock Institution for Defective
Delinquents of New York State
paroled the youth after he served
five years there for a homosexual
; crime involving an 11-year-old Wil-
OM ae : liamson (N. Y.) boy.
eo ea RSI ANAS reel ie a eee SN P Parole meant a new suit, $10 and maid
EOE ie aes eee a ticket here, a promise to work in 5
Fa his father’s garage and to submit to isha attached euaipiet wit issvgeces ;
his father’s supervision of his home Re Sas ee SALA RMONI gE Rhee
‘ tina and social life.
He bowled with his father and
a: friends Sundays. He went to visit
mid a oat jwith his father. But some nights he
; ; lranged along streets lit by the neon
signs of taverns. On the murder
z night he set out with a broad-
Mig se Royce ‘bladed kitchen knife in his trench
~ po Netty leoat pocket “to get a woman or
TH: Santa teat else.”

The girl was sent out after dark
by her father, Fdward J. Tuley, 32,
from their home at 1333 E. 124th
| Street, for cigarettes, shaving cream : 7
‘and a comic book. a
\"She ended that errand crawling, ; : Pig
‘blinded, upon the porch of C. James oh Ras €
[Enmnces® at 1318 E. 124th Place, at ;
the end of Thompson Court N. E.,
ithe alley where she dropped the
killer’s bait, the 95-cent piece.

; There were seven slit wounds in
ms Binh jher back and_ head. The = fatal
! ;wound pierced her skull and jabbed

into her brain in an area controll-

ei sight—and life.

'

+ Ink blot tests, X rays of Beach's

head and long interviews with

psychiatrists brought up a turmoil

ee ee ee ae of testimony on his mental status. ‘, eee

\ aa al eM Pielaatyy | Looking at ink blots, he saw

many sex symbols. X rays showed ans eaighdetcoass psp

ino permanent old injuries. PENTRU AS AMR ge SE Fe NE AS bok

. | Alienists and psychologists fixed ” 7

‘his mental age at 1113 years, his
emotional age at 6.

- Child or Man?

This was what Defense Attorneys
| Jesse W. Woods and Walter Booth
drummed upon: “A child emotion-
vally, how could he form a criminal

2 gM aeeve . lintent to kill?”

\ Ne A | They latched his case to the case
ng of John Harvey Haley, 15, of
‘Canton, who got a new trial in the
| United States Supreme Court. But
| police had questioned that boy for
‘five hours in relays. Beach, caught
in Baltimore on a tip by one of his
‘bowling league partners, Dwight
: te /Bible, 18915 Elm Avenue, East
Sv ibd aewticcnaah ‘Cleveland, admitted his crime al-

od : “gate most immediately. ~ es Hine

; sac tee fe The verdict of seven women and UGE AG, Pee vane FS
tt Ee : five men, arrived at in three hours Penieaeet ee it Ce aS i

sy Jand two minutes, held in the Court
loft Appeals, and the Ohio Suoreme
Court decided pet to review the
case because it did not bring any
chalienge under constitutional law
The date set by the appellate court
Feb. 2, was left the death date.

vee
\

a EIR ste cB eaRi eee Rann Lemna Beach went his 100-foot “mile”
a % CHAN Dees ‘after a fried chicken dinner &
ial Po x : rayers. am § Slt Wao Go ne 5s f
9 <9 . We an Ei eat Sete

7. i
a OA

a S
at


>

eee ie

PN REAR EERE 4 por

REET PEP ae ip EEE

Algae ALL

LR

RRMA, Leeson!

Hh

REFUSES MERCY
X KILLING
AFTER 3.HOUR DEBATE

Sentence to Come Tuesday; 23-Year-Old Slayerof
Sheila Ann Tuley Has Smile for Photographer,
Mumbles ‘Nothing to Say’ at Judge's Bench;
Defense to Seek New Trial ,

. " _phalM DEALERS

’ “BY TODD. SIMON
The death chair for Harald A Beach, killer of Sheila

Ann Tuley, 8, was the verdict handed in by his murder

jury .at 9:40 last night.

’
=

Three hours and two minutes was what it took the seven
women and five men of the panel to decide that Beach, who:
will be 23 tomorrow, must pay the ultimate penalty. for his

alley sex killing..

Common Pleas Judge Samuel H. Silbert deferred bseeeenensy

Beach until Tuesday.

Walter Booth, defending attorney,
told the court he would file a mo
tion for a new trial immediately. nd
will be allowed to argue that mo-
tion Tuesday.

Execution cannot be before June

19, at the end of 100 days. .
Woods Request Ignored \.

The finding threw out of ‘ac-
count entirely the clash which
arose between Booth and his co-
counsel, Jesse W. Woods. Booth
had asked for a first-degree mercy
verdict. Woods, startled by that,
asked a second-degree verdict.

John A. Brower, the juror who
sat in Chair No. 2, was elected
foreman in the first minutes of
deliberation. He had been the last
permanent juror seated in the
week-long fight over the panel.

Brower, a Cleveland Graphite
Bronze Co. machinist, lives at 8000
Korman Avenue N. E. He has two
small children.

* Thirty ons witnessed the
stern conclusion of the long trial.
Two main actors in the legal |
drama, Mrs. Evelyn Beach, ‘the;
mothér; and Woods, one of his
Jawyers, were not there. Char-
women and janitorial workers
drifted in to hear the verdict read.

Calls Verdict Just

County Prosecutor Frank T. Cul-
litan made this statement: “Without
j elation, I think it is a fair and just

verdict.” i

Extra guards stood and sat.
around the prisoner. Sheriff Joseph,
M. Sweeney was among them.

The verdict was reached at 8: 51.)
But the jury was kept in its room
until 9:38, when Judge Silbert had
returned.. Meanwhile Victor - De’
Marco, assistant county prosecutor,
was called from Cleveland-Marshall
Law School, whefe he was teaching
a class in criminal law. Cullitan
was summoned from a dinner.

Beach, who had been brought!
down from his solitary, ever-)
guarded cell, sat 30 minutes at the,
trial table. He smoked, whistled and!
jiggled in his chair nervously, ringed
by reporters and deputies.

' Loud table pounding and high|
voices sounded down the stairs from
the jury room while the jurors
weighed the evidence, which had}
been piling up—psychiatric —
mony and plain folk testimony—for!
two weeks.

The jurors were given coffee and
sandwiches in a room across the
vestibule from their chamber at
7:34 p.m. They returned to their
debate at 8:15.

Four ballots were taken. On the
first they all agreed on first-degree
murder. On the second, two women
held out for mercy. On the third,
one woman held out for mercy.

The fourth ballot brought a unan-
fmous vote for a first-degree mur-
der verdict without any mercy rec-!

mmendation. That means the

ah Debate Is Lively

'!judge must sentence Beach to ae,

> chair.

Miss Helen Stark and Mrs. Max.
ine Chapman, jurors, «said their!
only question’ had** been - about,
‘Beach's sanity. They said that was}
,Cleared up for them as soon as

they heard psychiatrists’ definitions| |

of “psychopathic personality.”

which was the way they ty
Beach. |
e

. Jurors said there was “quit '
bit of stré: uous argument” in the
Jury chamber, but “never any ill

Shute esis gue ky

angeress

pth weesbhyt. Sea peua Fs

Bi

‘ke

eeatee

PREIS OSMAN PY oH eR ROI CA pp SEE EIR ois CCRT


insanity plea failed,
- Considered hint anything by
shopathiss atk i Lage

ig
Boing. Roe tis
3A <cleme

en, pa

War.
+ Nellie}.

iii The® exception wrence.

Goldsby, killed P

(Eugene. Dy Stinchcomb:o; .)
rowded rush-hour bus ‘at E, 105th

Stree

Re ped
be

ms) and
stn

CF
None) , ‘*)

murder;
sheld: out.
one“woma

n ies
“Baid)
3) beens

fiat
man Hads'to’ him,
him oh ‘Adelbert Road

Sn hina tna

4
Ong ne house.

{ 8elo-and Harry’

{tothe time. when we take’ all’ our
rth defectives,, ou }
a

tinged bye
Fadia! and 't

¢,Thd jurors: took: the
upstairs chamber ‘above th
offices at about. $:85 ‘p,’

‘ ald g00d-by ta,

thi
' di Clevela: ghis;
Ce Hilt,

a
el,

To

+ ab: the -foottot the

ane
We i sIn:e
them,‘Beach's middie inl iad had
be ‘changed ‘trom iE 24
2 Then!Beach, was <
by Deputy: Shoritrs: 3.

#all,who cannot

“Thats might

«Hof ,our ination,
se. twould lose our

It took

| Then st gave-u
ing Sis’ main. bulwark in‘a
“mental: rotardation,"; 3); Rataty
ty Next Jit’ tried ,f0 : Uae the new

United States Supreme ‘Court’ ver.

" + 9701) WO0E) F141

Beach: was

‘Therefore,;
t fai ‘Hale:

: phe
Lt shoulde

“then, bounced
ihe fae op ;

barges "Asked.
) take ‘the stand in one
esmoayiheitsken o"

tor Ie: wi
ie

asked for: ext:
Sion# obt e887; The:
dude ere ‘prope
evi voluntarily, ‘buts
edit got! by,7of.
th that,

themielves. and.
Sha rabiedite Na ok

strengthen th
in, mw, way,

Beach),
Pp the. hope

dict\in. the Canton’: (0,),
aley! ys. Obio.: Haley,” as
nvicted on’ his murder’co

PUNKS examined Bea
Dts, al. G.

hella’ Weng: 1: utc}

er father it
‘resident: >,
124th ‘Street! ;
er purse a: note listing» %
id.a “comic book" fae
e;purchases,:

and Mrs, ;
t,) whai live there,’
dives Sheila's: school.
Boverly, ee eae
AMS Isto.12-Po}) interviewed
SCores” of! persons,: many’ of ijthem::;
sick ot “eames inithe
Perverts,’ youths.
rds) and \n

boss

Oss, Ieee nn ra
oe J AN-#12-Beach: Was fourid:

efing ina ‘Baltimore:

id Ec)

udge,'; left ith
as’ appointed to:

tou detec
ie Was qu
and ‘then

-~¢) She sata
fat the trial

iamson.(N, ¥):boy,
Parole’ meant,a new suit, $10.
ticket here; ‘apromise to work
_ his father’s garage and to submi
‘his. father’s supervision of bis hq
7 ‘and social life.) idee pes
Litt He) bowled’ with hig’ father’:

“¢ ee triends “Sundays He;'went ito’

with his father; But sonig nigh
Fanged along streets lit by the

Y She ended’ that. errand. ictaw

“}bhlinded: upon the porch’ of /C,
“JEndgicott. at 1319° BE,

he ‘end of; Tho

i. There were sevens
her: back # and. heads
©; Wound pierced her skal

24 ae baie raat
ing; sight—and. life;
“Ink blot tests, X° rays’ of bac
~ {head and ong & interviews:
“psychiatrists brought; up: ast
sjof testimony. on-his men

°> Looking’ at ink

f “levelana. jadinit ted: is
hi mbostiimmediatelys |

}
i


uae °

(cd oe Fron. First Page)
One said: “We knev’ we had a
serious job to do, and we weren't
taking it lightly. We had opinions,
and we all expressed them.”

Judge Silbert thanked the jurors
for their service.

“You were courageous jurors who
deserve the thanks of the commu-
nity for a fair trial.” he said.

Smiles for Camera

Beach, during all the polling of
the jury, looked straight forward,
never turning his head in the di-
rection of the panel which had con-
demned him to death. F

After he had heard his fate, the
expressionless Beach was led out
of the courtroom. A photographer
requested him to turn around for a
“shot.”

Beach flashed his usual vapid
smile once more.

Booth said he had not yet de-
cided if he would appeal the case.
He said Beach wanted him to.

The judge told Beach, “Harold,
step forward,” after the jury had
been polled.

Booth stepped up beside the client,
for whose defense he was appoint-
ed by the court. Beside Beach,
Booth is a towering figure.

Moves for New Trial
“T wish to move for a new trial,”
he said.
“Have you anything to say?” the
judge asked Beach.

In a nearly inaudible voice,
Beach replied: “Nothing to say.” He
spoke out of the side of his mouth.

Beach was ringed by reporters,
photographers, radio and television
men.

One radio station set up a wire
recorder in the courtroom, blew a
fuse, replaced the fuse and then
was ruled out of the courtroom by
Judge Silbert as soon as the judge
came to court to receive the ver-
dict.

Takes Case at 5:55 p. m.

The jurors took the case to their
upstairs chamber above the judge's
offices at about 5:55 p. m.

They said good-by to the tw® al-
ternates, Arthur D. Brown, 855
Montford Road, Cleveland Heights,
and Fred C. Hill, 9701 Kirkwood
Avenue N. W., at the foot of the
steps.

Meanwhile, Henry G. Primosch,

was given in court by Dr. Harry
A. Lipson, defense psychiatrist.

“Ten-second Lipson would have
us believe that
for that short time—10 or 15 sec-,
onds—and then sane again,” Culli-
tan said sarcastically, “I never
heard of such a proposition. It Is;
ridiculous.”

Otherwise, he said, the experts
agreed Beach was not insane,

“I don't doubt that most of the
men who people our jails are
psychopathic and that their records
as boys were bad,” the prosecutor
said, “But that does not excuse
them from the responsibility of
obeying the law—from accusation,
from prosecution, from execution of
their just punishment.”

Calls Killing Deliberate

Cullitan ended by saying Beach
was fully deliberate in his knifing
of Sheila.

Woods, in his final statement,
called Beach “an unwanted boy
who needed someone to love him.”

“He needed love, and he didn't
have it,” Woods said so quietly that
the court stenographer had to move
up to the jury box rail to follow

im

“Perhaps it is popular to say:

‘Away with him! Crucify him!’
“But if you do that we may come

to the time when we take all our

each was insanej

JOHN

A. BROWER, machine
operator at the Cleveland Graph-
ite Bronze Co. whe was fore-
man of the jury that convicted
Harold A. Beach of first-degree
murder in the slaying of Sheila
Ann Tuley.

Four psychiatrists and one psy-
chologist, an expert on ink biot
testing, examined Beach. They were
Drs, Royal G. Grossman and Wil-

mental defectives. our aged people !frid M. Gill, called by the court,
and all who cannot take care of,;and Drs. Edward M. Zucker and
themselves and put them in a gas Lipson, defense psychiatrists, and

chamber, in an incinerator.

“That might strengthen the fiber
of our nation, in a way. But we
would lose our souls.”

It took nearly three weeks to try
Beach for the murder which
aroused the city after Sheila's body
was first found on the night of Jan.
1. This was one of the longest
trials in the history of the county
court. :

It took a week to get a jury. The
defense yielded its front trench in
opening statements. It admitted it
could not prove Beach insane.
Then it gave up the hope of mak-
ing its main bulwark in a plea of
“mental retardation.”

Next it tried to use the new
United States Supreme Court ver-
dict\in the Canton (0.) case of
Haley vs. Ohio. Haley was a boy
of 15, convicted on his murder con-
fession.

'Dr. Marguerite Hertz, defense psy-
tchologist.
j - Case Summarized

{ Events of the case may be
isketched as follows:

JAN. 1—At 7:30 p. m. Sheila went
out to get cigarettes for her father
jand toothpaste for another resident
‘of her home at 1333 E. 124th Street.
She had in her purse a note listing
‘these items and a “comic book” and
money for the purchases.

; JAN. 1—About 11 p. m. she was
found on a porch at 1318 E. 124th
Place, dead, stabbed seven times in
back and head, by Mr. and Mrs.
‘C, James Endicott, who live there.
In that home lives Sheila's school-
mate, Beverly, 7.

fF SAM. 1 to 12—Police interviewed
scores of persons, many of them
,mentally sick or feeble. in the area.
Known perverts, youths with bad
records and men on whom tips

here, with, a signed confession
taken In Baltimore. He gave an-
other confession here to Detective
Arthur Willard.

He was charged, arraigned in
Municipal Court, where he waived
examination, was indicted for first-
degree murder and went on tri
Feb. 24.

.
4

ARR is Stig Rik

4

Map Se a6 eR Sy ak Be sent nr Bit a ippeindraen es ta
: ae Pi, wae Ree Tee anced crysis bien,
/ deputy court clerk, borrowed a re- Mental Age in Plea were turned in were questioned. nae SS

wg:

| Porter's pen to fix up an error on

jan answer and then bounced up the
| steps between his guards.
| Tuleys Last to Leave

Mr. and Mrs. Edward J. Tuley,
Sheila’s parents, who had sat in the

Woods and Booth argued that JAN. 11—Suspicion turned to

ground that he would have had to
cross-examine members of a union
he represented. David E. Clarke,
former municipal judge, left the
case when he was appointed to a

last row of seats for spectators al)
day, were the last to leave the
courtroom. Tuley had sat with his
arm around his wife part of the
time.

Judge Silbert’s were the final of-
ficial words to the murder panel.
His charge included discussions of
the law on first and second degree
murder, insanity as a defense and
grounds of acquittal.

But he also charged the jurors
on what weight they should put
on attempts to escape or flee jus-
‘tice, on failure to take the stand
in one's own defense, on confes-
sions and on psychopathic ten-
dencies.,

“If there was flight, and you ‘ind
the defendant fled away to avoid
apprehension or to avoid conflict
with the law,” the judge sald, “you
may consider that along with other
facts as evidence of consciousness
of guilt.

Extra Charges Asked

“Failure to take the stand in one's
own defense may be taken into ac-
count, and the prosecutor is with-
in his rights to comment on that
fact.”

Walter Booth, defense attorney,
asked for extra charges on confes-

sions obtained under duress. The
judge said confessions were proper
evidence if given voluntarily, but

_ hot to be considered if got by of-

fers of hope or threats that would
produce fear,

“Being a psychopath {is no de-
fense, generally,” said Judge Sil-
bert. “Rut where the defendant is
in your judgment a psychopath you
can take that into consideration in
deciding if he could premeditate
the crime.”

Last to speak before the judgg's
charge was County Prosecutor Qul-
litan, summing up the state's vjéwa.

He poohpoohed the theory Which

federal post.

there, he was questioned for about
an hour and then confessed. Cleve-
land police were called. They
checked items of the oral confes-
sion, then set out for Baltimore.
JAN, 13—Beach was returned

& a f \the five unsigned verdicts. In each| Beach was mentally only about 11,/Beach when he failed to show up

ee ee j ‘of them, Beach's middle initial had| Therefore, he was even less able at a bowling date. The tip on this

& = to be changed from “E” to “A.” than Haley to withstand police was telephoned to Deputy Inspec-

Ea y | “Then Beach was taken upstairs) Quizzing. They were overruled. |tor Michael J. Blackwell, who re-

=. ‘by Deputy Sheriffs James Coladan-| They are expected to go to high-jlayed it to Detective Lieutenant

ta gelo and Harry Lance. er courts on the Haley case spring-|David E. Kerr, homicide squad

5. “How do you feel about it now?”) board. boss.

; la reporter asked him. Two lawyers, first appointed by| JAN. 12—Beach was found work-

= / |" Beach shrugged his shoulders as|J¥dge Silbert, dropped out of the/ing in a Baltimore filling station.

af case. Dan W. Duffy quit on the|Taken to detective headquarters 5

Sab wyany td oly NERD tanditad Rafa ee Ua PSLe


Mes

se license “t6* preve rit’ "at , a é : nee : dat bmise ut: ther! b chisel teychinttists,
picmney: ne Kole tn ‘of ; Rua cles sect inak aa) Ne ; ve Ms mis AAA Lineiners is Det Mareuerital Hertrodaten
78 Baltimore house . . saceaicichanmasiate , . ares ee ai en unpesi


was clear, ac
» Farber,. one -of
“tried every appes
death pentence that chung over}

‘was kllied ‘Dee 81195)

-‘{n a Euclid ‘Avenue rooming house},
T because he gave Rossa’ break: He %
= Jet Ross Jead' him 2 dere to show,

3, with: :
ree ae plates, with ‘its. ‘hood igone.} /.7
‘Ross Jed him ‘to, the top: of’ the
3 rooming “house stairs: and ‘then
whirled arid’ shot , him,: Ross! ‘said
he warned Haas. to put his hands
up, but: that. Haas reached for' his
service. revolver® instead..;/+:
} %* From then until nine ‘days
*) Ross fled atid ‘shot and stole: his) °;)
‘way. through; West: es ar aod,
Pennsyly the:

‘when.
bt ested he. ietended to: bear! can,
sa pee: f_ pains esate
rivers
inva charger

i sien Mee eho

‘J. Baker,-sr, tried’ every 6
peal. .; They said Haas, by not tak:
ing’, ares directly sto the’ hearest

the (
ane: che arte Ney HI
tye Pah RG ee at

aa tis angth patson ik

by the the sates electric chair.’
=: His body was taken immediate’
toa Columbus funeral home.!; His,
faailly made the arrange

a visit their son,}
fson;' a>World War, Divete
;.who sh

slide aunts ©

crime-cdreer when a teen-age boy. rren.
\That: was. where .he‘ was :wanted is nt
ifor a burglary—and therefore for

i, inj h hi Stowe went .
* tthe way. of all who have murdered/erns'b
» {policemen _here— except one — in} » ‘tle pulled ‘a

“finding” th ew. 6
Count f entirely. the:

counsel, Jesse: W.

verdict, v vir eral ee
Récohd-degree: ve ;
1A. Mcomee ih aj

Felurned.! 3 eanwlies
Mareo, | assistant -county. t
was, called from ‘Cleveland

poole whet :

Mint tables THSs are
¢ | Jiggled in his chair fiervously, ri
at reporters: end deputi

“up. iv

e iy en :
Ross’ steptathers’ ‘Malcolm’ Gus-|¢azo. and Ross drove here and, pu
up at the ‘rooming: hi

vat 8120

e

Nahe.
apes

“Woods, Boosh} 7
“shad asked ‘for.'a fitst-degreé. mercy ry

=) One’'sald: “We ne
serious; jab 46. do, ‘and’

HJ taking itsehtlyWe h

and wefall expressed them?
ud ‘eilte aiked th

4 photosrap! phers,

duriug! ‘ir

i AB ack, pollin of
24 the jury; ‘looked: mralahe forward,

never turning ia: head “in ‘the ‘di-

-}rection ofthe pahel which. chad
“{ dermned shim: to death sc /¥iic%:
‘vAlter be had! heard'h

expressionless;

‘Jot-the courtroom; ‘A’ Acerieree ee
;{tequested him to turn around £

hot.”

Reach,*\flashe
smile once \more, :
* Booth ‘sald’ peihed hot: syetides|
cided: if he would: appeul, the, case, |-

'|He: sald, Beach wanted, hi

«*The'sjudge told’: Beach, = “Ha:
after, th

ne

jrecorderin ‘the

fuse; ‘replaced \ the 1e

was) ruled ‘out
udge ‘Silbe:

er-1 "It took. c
i4 defense, yielded: i

pot::excuse
them: “‘from:;: he * reapontibilitge of
e] obeying’ the.
from prosecu from’ execution.o
their’ just « ‘punishment,’

That? Paiieht: Strengthen: the
ours ee “n'a, way. 4B
ld nls”,

rt thes mired che: which
arolised ‘the elty! after. Sheila's body}
was first found (0) @ hightof Jani}2

; ithe’ ‘longest
iors of the pats

J). opening

¢ ‘deputy: coli

‘Tporter’s “pen

the; five Sonia ved

4 could’. ‘no

Then it gav

oe

a
leach was mentally: only:

h
ieee Awa

Phy}
ropped : “si ;
Case.) Dan sWy, Duffy © quit’ on’ the

cross-examine members o
jhe *represented., ‘David ..E.* Clarke,
former!!! munlelpal: Judgelett+
case: when he was appointed

AES
ert e-final
telat words “to" he, Thurder ‘Panel,
Hig charge’ included ‘discussions: of |
the law 'on' first and
murder, i ge mca
Grounds ‘of? ale chee

yu
pape "or: “fi
‘take: the

L post

from! accusation,]

: jother. ‘confession here to Detective |
Arthur Willard, * ;
He {was charged, arralgn
Municipal Court; where he wa
examination,’ was indicted for
Petey cry murder and went’ on *

~ Four “psy:
chologist, ¢ an’ expert; on? ink. ‘blot

ome jtesting, examined Beach, They were:: Ag :

Drsi;: Royal:G,: Grenson and ;Wil.
$rd2) Ms Gil

¢.2:30 BS mh Btelawiere: °
to: get’ cigarettes for her father,’
and, toothpaste ‘for:
of-her home. at 1333 EB. 124th Streets
She’ had! in’ her. purse & note 'Usting.

:Pl
up? the hope jof :mak-}
Jng= its, nals aula n ia ‘plea ofl

|

3 these items and ay Ycormnic ook! and

pack: ‘and: head, ‘by, “Mr; : ahd: Mrs,
James, Endicott,: who’ live’.thera;

ix: ‘that: home: livés ‘Sh

thate,: Beveriys. 7.

A peta

ae Mhany.“ of {them

sick’ or feeble: in the’ area.
Known peryerts,:youths:with
tecords.: Sind iimen

12Beath: was ‘foun Mock"

JA te
the ing in‘ 4 Baltiniore ‘filling ‘station.
Taken: es tdetectives Mesduaciers 4
ground that. he, would have -had’ toj there,

@ Was, questioned | et bout *

‘unionjan hour and then fonfe 1. Clove-; »
land: “police alled! v
the cheered item

Th ey
tthe, ‘oral’ cone.
t ‘out’ for. phos

fae Forty seconds later: thes

‘as cut 10. 500, 10 ‘seconds 1
as brought back: up’ to’ 1,950
nd then it; was turned. oft
‘Father Lucier:administ

Cuthale reac Jo

¥

) Gallagher. Peek ice

Gallagher said he

{first-hand '!'knowled ot 4

unishment., He said
the Legislature’.to ‘abolish i at
‘pill'to be introduced next w
Deputy? Sheriffs, James /Mq

Fra
Lsueche's. elemency:; failed {
day. when, the governor;
withthe state

pardon ‘and;
+) board; which advised that he

not. stop the execution:-The.

>t went over. Beach's: case

quest of . the |-youth’s “7

ey, Jast outside visitor ini dea

mother, Mrz. Evelyn:

\ fo The
-} Kimball,’ had, done what-she

ised ‘on the. night: of, last ro

; fell, if ‘a cflight <0

landed right. on him Shien
Just 1. days old.”

ine Phil

Hog out “He’ oe Si Hi
full”; in’ the course

fin Prosecutor Frank,
ita Lf

Ure Noe cag
Parole meant’a ed:
ticket here,.a, promist:to)
bis father’ ‘3. garage, and to:
this. father’s supervision Be
‘and? social life 7G: we 4

friends: Sundays: Hi
‘y with his-father; » But s

{Ps te
anda comic book.’ Uy ms;
Shetended, that! ‘eryand ¢
blinded, upon the porch’
Endicott a 1318), Eatin d
“the end’ of: Thompson:
“ithe alley) Avh: nae te

many "8cX symbo
no sitet arn ary ee ,
wAlienists “and peyeh Oldgi
his, mental’ age’ a by ae

this was: what
( {Jesse W». Woods:
drummed upon:


: ; aes wane Sean oe BERR ER ee NE Go iy YN tag Seen s oF ate Lora ee tiga Sty Mie a pike tes We SON 7
124th Place to Superior and then down “short, maybe only five feet one, but . have been made by the spokes of a inches taller; which makes him about
: hompson Avenue in both directions --huskily built. He was about. thirty -bicycle wheel or by the wire basket on & . five feet.” () Si eet Stee ee
ted ™urasug from 124th Place. They found noth- ~ years old. He wore blue denim over- bicycle’s handlebars.” ts Se pees ae. SON said, “That sounds

jng more, no more blood at all.. That all pants, he had on a. greasy brown. ..”. Kerr said, “Anything else?” ~ > -* child himself.” — ar Ns se poume

was the end of the trail, that spot on _ leather jacket and a workingman’s -.” . “Not from me. But the Coroner's got “It does.” ‘Then, after a moment,”

the stone at the mouth of Thompson. heavy, rundown shoes.*. — .. -some stuff bearing on this.” — ; “There's one possible exception. If he.»
Kerr said, “We need ‘more men.” “Would you know him if you saw him’ Kerr thanked him and called Coroner stabbed her in the back as she was

; Gerber. Gerber said, “It wasn’t a hit running away from him, he would have —

sy

like he was a

* al Bar ce

> evidence > They went back to their squad car, © again?”
wn broke, 3 where Captain Joe Skala and Patrol- “Tl never forget that face.” and run accident. Couldn't have béen.” . used long, swinging motions with the .
oe man Hugh Corrigan of the Fifth Dis- Markham agreed to go to Central “How can you be so sure?” knife that would have produced an up- ~
Homicide # trict were Waiting for Kerr. They had Station to give a forma) statement and Gerber explained. When a person is ward thrust regardless of his height.”
1] arrived oS in tow a man with a story to tell. to help an artist draw a sketch of the struck by a car the impact causes a “That’s true.” ae?
Xerr, with % He was Harry J. Markham and he rough _ stranger. Detective Willard hemorrhage of the brain on the side of “But in that)case the holes in her |
d to back- ~4 , lived a few blocks farther east. The took him down. the skull opposite the point of impact, sweater and coat and undershirt should
the Endi- previous night he had left his home for Who was the stranger? Was he the due to the great force with which the have been bigger, more open and
he Bertil- the drug store at almost exactly the murderer? The timing was right, brain is hurled against the opposite in- jagged, than the wounds in her flesh.
the blood same time Sheila had. He found it though it meant that Sheila had been ner wall of the skull. But Sheila had But they weren’t. The wounds on her
ame type ) closed. He went on down Superior killed more immediately after leaving suffered a brain hemorrhage at the back were of exactly the same size as
direction — Avenue and reached the intersection her home than they previously had point of the wound, behind the ear. the slits in her clothes. Of course,”
vho made «= of East 124th Street, her street, at 8 thought. And the man had come from Gerber added, “this is theoretical, it
1 sidewalk “5 p.m. : the right direction, the direction of MOREOVER, even her white sweater isn't hard and fast.” ;
lave been That was about five minutes after 124th and Thompson Avenue. was not dirty. Microscopic analy- “Sure. How about the time?”
aided by she should have reached it. Out of the Kerr talked it over with Inspector sis revealed tiny fragments of glass “She lived for about two hours after
rack them shadows on 124th Street came a man, Blackwell. Blackwell didn’t recognize clinging to it but they were so fine that she was stabbed. Then after she died
: hurrying along with his right hand in the little tough as a local resident but they might have been blown through another two hours passed pefore the

his pocket. He was roughly dressed, he said he’d search his records and the air unseen and could be found on body was found.” ao
Kerr calculated rapidly. That meant ~

» the side- wearing a brown leather jacket and a arrange to have the description read at anybody's clothing. This same glisten-
re spots it dirty chauffeur's cap, and he had a every roll-call. ; ing silt had been found on the surface she must have been seized and stabbed
een lifted — strip of adhesive pasted over his right The short-wave in Kerr’s car of the clay loam in the neighborhood; very soon after leaving her home, at
jirectly in - eye. He was hurrying, with his head crackled out, telling him, in code, to jt looked like powdered sugar and was about 8 p. m. -
ee down, and he didn’t see Markham. _ call the Hit-Skip Detail and the just about as useful to the investigation Gerber asked, “Have you found the
yne, about But Markham saw him, and Mark- Coroner. This was what he’d been 4s powdered sugar. And Sheila's shoes place where she was attacked?”

«d to Wil- ham stopped, afraid. The man looked waiting for. * were still on her feet, whereas in a great “Not yet.” : 3
together, tough. Markham accidentally scuffed Over the phone Lieutenant James many fatal auto-pedestrian accidents “Tf you like. I'll send some men out
came to | his shoe and the man looked directly Basta told him, “We've checked out the victim's shoes are knocked off by the and collect dirt samples around the

lirty alley ie at him. “I thought sure he was going that headlamp glass for you. sudden and violent contraction and ex- neighborhood. We might be able to
‘enue, just ‘¥ to hold me up,” Markham recalled. “What did you find out? ; pansion of the foot muscles. match them with the dirt on her knees.”
erior. At nG “He had a wild look in his eye. He Basta said the glass and the lamp rim Gerber said, “She was stabbed to “Pine.”
illard saw was one of the meanest-looking men I came from a Chevrolet. Moreover, death. The fatal wound is two and a Kerr hung up. Well, at least they
Blood. ever saw. I thought sure he was go- searching the scene, his men also had half inches deep. The weapon had a_ could forget about a hit-run theory.
een killed ing to hold me up. discovered a hubcap, a windshield- heavy, wide blade tapering to a fine Not a traffic accident but a slasher had
case, the “f : wiper blade and another headlamp rim, point.” killed her.
nother al- Bor the man didn’t. He lowered his and all these had come from a Plym- “Like a bayonet?” Why?
-out mur- head quickly, as though in hiding, cuth. Therefore it seemed likely that “Exactly. Here’s something else. “It could have been a psycho,” Kerr
of struggle and hurried away. ; the smashup had involved two auto- The wounds were delivered with an up- muttered. “Or it could have been a
one there } Kerr said, “You didn’t see the little mobiles, not acarandachild. And the ward thrust.” juvenile gang.”
id it, too, J girl?” spots on the pavement that looked like “How tall was Sheila?” He talked it over with Inspector
made by “No.” : blood had proved, upon laboratory “Forty-seven inches.” Blackwell. The Inspector said that iy
1 walking “Where did this man come from?” analysis, to be paint. Kerr said slowly, “Whoever stabbed recent months he had been concerne
. “From 124th Street. from the direc- Basta ended, “So we're pretty sure her couldn't be very tall himself. Not about delinquent juveniles, gangs of
young toughs who roamed through the

eG ga, ue _ tion of Thompson Alley.” she wasn’t killed in this way. But one if he stabbed with an upward thrust.”
“Can you describe him?” of my men, Henry Schroeder, says the “That’s probably right. He couldn't neighborhood though they didn't live

Markham said the man was very wounds in her back and neck could have been much more than thirteen there.

ray,
looks
stains

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Indianapolis 4, Ind. —— a a a a a

5

4 ing two

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Spectators and photographers at
the spot where Sheila was knifed

serted. Fear was as thick as the drizzly
fog that swept in off Lake Erie.

The police felt the public pressure.
They were working day and night, do-
ing double-shift duty. All furloughs
were canceled, every man who could be
spared was put on the case. Detectives
worked sixteen hours a day.

And then one morning Detective Wil-
lard walked in and told his chief, Kerr,
“We've got a confession.”

Kerr could tell by Willard’s face he
didn’t think much of it. “Is it any
good?”’

“1 don’t know. He’s a screwball. You
want to talk to him?”

Kerr did. They brought him in, a
ragged, unkempt man—and, Kerr
noted, a little man, barely over five feet.
Kerr told him to sit down but he re-
mained standing, his face expression-
less as a child's.

Kerr asked Willard, “Where did you
get him?”

“He’s got a record and we found him
on the street.” Willard handed Kerr a
sheet of paper. The man had spent
twenty years of his life in prison.

Kerr asked him, “Why did you do it?”

He said without expression, “They
told me to.”

“Who told you to?”

“They did.”

“Who are they?”

He gestured vaguely. “I don’t know.”

“What did you stab her with?”

“A chisel. A big, sharp chisel.”

Willard whispered to Kerr, “He told
me a screwdriver.”

Kerr asked the man, “Where is the
chisel now?”

“In my pocket.” He fumbled in his
pocket, then cried wildly, “They stole
it from me! They’re always stealing
from me!”

Kerr said, “Take him away.”

They had to convince him that his
chisel was in his cell before he’d go
peaceably.

When he was gone Kerr said, “He’s
stir-crazy. He’d confess the torso
murders if we asked him. Is there any
direct evidence on him?”

Willard hesitated. “There's this:
He’s got a sweater and we found three
hairs on it that sure didn’t come from

his head. They look like Sheila’s.
About the right color. We sent them
to the lab.”

Hair comparison isn't enough to get a
conviction on. But it’s strong evidence
that the police are on the right track.
If the hair indicated this man was
guilty, the detectives would find other
evidence if they had to turn the town
upside down.

KERR said, “Hold him at least till you
get the laboratory report.” He put
on his hat. “I’m going back out to the
Tuley neighborhood.”

He couldn’t sit still. And the neigh-
borhood, he saw as he parked his car,
was full of other detectives who couldn’t
sit still.

They were everywhere interviewing
every resident, visiting taverns and
bowling alleys and movies and drug
stores, checking everything.

They were looking mainly for leads
on screwballs. But Kerr also told them,
“Pind out if anyone living around here
left town suddenly just after the crime.
Especially anyone who’s considered
odd.”

They were trying everything, leaving
nothing undone. Blackwell had
questioned a score of psychos. None
was turned loose till he was proved in-
nocent. And the work went on.

Kerr had developed a theory of his
own. He started by trying to figure out
why a psycho would have killed Sheila.
Apparently she hadn't cried out, for the
people living there had heard nothing.
Why, then, kill? Could it have been
because she knew him? Had she recog-
nized him and spoken his name?

It seemed possible. So Kerr tried to
find out who knew her. But this was a
tremendous job. Almost everybody in
the neighborhood knew her; she was
one of the best-liked children around.

None the less, the Homicide chief kept
at it, plodding from one street to an-
other, eliminating from a list of all
residents those who hadn't known her.

When he finished this, he had several
score names left. He checked these—
did any have prior criminal records,
were any considered somewhat odd by
neighbors?

And a housewife told him hesitantly,
“T don’t like to say this but there’s a
man who rooms down the street that
I’ve never quite trusted.”

“What’s his name?”

“Alvin Staley.”

“What about him?”

“Well, nothing, really. Except that
he acts funny. He'll be walking along
and talking to himself. And I've
noticed that he seems especially fond
of children. He’s always taking one of
the neighborhood children up_ to
Superior Avenue and buying her candy
or gum. He looks harmless and real

friendly and maybe he just likes
children. But—”
Her voice trailed off. And Kerr

thanked her and hurried to the house
where Alvin Staley lived.

Staley was a factory worker. Kerr
saw at once that he was a big, powerful
man—he didn’t at all resemble the
short man seen near the crime scene.

But Kerr questioned him. Hard.
And he seemed to resent being
questioned. He said, “I can’t under-

stand why you've come to me.”

Kerr said, “Because we're checking
everybody. Where were you New
Year's night?”

He said he’d been in his rooming-
house all evening. He said he’d eaten
dinner at the home of friends—he
furnished their names—and he'd re-
turned to his rooming-house about 7:30

ge eine sntemadi 8 oa

ee

and stayed there till about 8:30, when
he went outside and saw Sheila’s father
begin the search for her.

By that time, the detectives figured,
she already had been stabbed. The
critical period was between 7:50 and
8:15. During this time Staley said he
was in his rooming-house.

He admitted he knew little Sheila,
knew her well. But he denied being
implicated in her death in any way. He
was indignant at the very suggestion.

Kerr took him down to Central Sta-
tion “just for routine,” and told De-
tective Willard, “I want him checked
thoroughly. Everything.”

“Right away,” Willard said. “I've got
a report here that the hairs on that ex-
con’s sweater do not match Sheila’s.”

“Turn him over to the psychiatrists,
tell them we’re through with him. But
get this checkup on Staley started first.”

Willard got to work.

Inspector Blackwell called. He told
Kerr, “We’ve just about wound up
questioning all the men with records.”

“No results?”

“No. Not so far.”

“How about juveniles?”

“Nothing on them either. We've
picked up a number but they’ve all
turned out to be clean.”

KERR told him about Alvin Staley.
Blackwell said, ‘‘We don’t have any-
thing on him here in the District.”

“We'll check him out.”

“Good. Here’s something else. I’ve
got a line on a fellow named Beach,
Howard Beach, who might be promis-
ing. He hasn’t been seen since right
after the crime. He hangs out in a
bowling alley usually but he hasn't been
around since the killing. We don’t have
an address for him yet.”

“Keep after him. Any trace of the
weapon?”

“Not a thing. I’ve got men searching
— and rubbish heaps and vacant
ots.”

“I think I’ll ask the Mayor to send out
the sewer cleaners. The killer may have
thrown his knife down a sewer.”

“Good idea.”

Kerr hung up and called Police Chief
George J. Matowitz, who promised to
relay the request to Mayor Thomas
Burke. The public pressure on the case
was becoming enormous and Chief
Matowitz said he planned to take di-
rect charge of the investigation.

Surely they were trying everything.
Public opinion was clamoring for a
solution. But what could they do that
they were not doing?

Kerr, red-eyed from lack of sleep,
shuffled reports, studied diagrams,
studied a large-scale map showing the
location of every one of 115 families
in the neighborhood. His phone kept
ringing, detectives with new reports,
mostly reports of new failures.

But Willard care in, a tall, slender
man with bright eyes, and he said,
“We've got something on your Alvin
Staley. He’s lying.”

Kerr sat up straight at his desk.
“Let’s have it.”

Willard had sent several Homicide
Squad detectives to check on Staley.
First they had talked to the family
with whom he'd claimed he'd dined.
Members of this family said they hadn’t
seen him that night.

Next they made a fast canvass of
bars and drug stores on Superior Ave-
nue. They found three places he’d
visited between 5 and 7:30 p. m.

Next they interviewed the other

(Continued on Page 47)
7


He said he would put several teams
of detectives on the task of rounding
them up. He also would go through
his files and get a line on men with
records for similar knifings and pull
them in. And he would send other of-
ficers through the neighborhood ask-
ing residents about “queer” characters.
This would take time but it might pro-
duce results.

ERR said, “If you get a line this way

on anybody who answers the de-

scription of the short, tough guy Mark-
ham saw, he might be our man.”

Blackwell nodded. “Nothing on him
so far. If we only knew where she was
stabbed it would help a lot. It might
tell us whether the man lives close
by. If he was on foot, chances are he
lives around here. But since we haven’t
found the scene of the stabbing yet,
I'm beginning to wonder if she might
not have been lured into a car and
killed there.”

It was possible. Kerr said he and
his men would concentrate on trying to
find the murder spot.

To do so Kerr made up his mind to
try to trace Sheila's progress from the
time she left home at 7:50 p. m.

He talked with her parents. Grief-
stricken though they were, they did
their best to. help. They said Sheila
could have taken one of two routes to
the drug store. She could have walked
up East 124th Street on which she
lived to Superior Avenue and past the
Ambassador Theater to the drug store.
Or she could have taken a short-cut
through alleys and a vacant lot.

Kerr hadn't known about this short-
cut. The father took him outside and
showed it to him. It led through an

6

Bests. Slee

alley and across a vacant courtyard be-
hind the theater and through a break
in a fence and a narrow gangway and
thence up a driveway to Superior Ave-
nue and the drug store. Superior Ave-
nue was well lit but this route through
back lots would have been black as ink
at night. Anybody could have way-
laid her there.

Kerr and his men searched the route
with minute care. Coroner Gerber
came out and gathered soil samples.
Had she taken this short-cut to mur-
der?

They could find no evidence of it.
Though they searched for hours they
found nothing. And the soil samples

didn’t match the dirt scraped from her.

knees.

“And yet,” Kerr said stubbornly,
“I’m sure she never got as far as Su-
perior Avenue. If she had, she would
have seen that the drug store was
closed and she would have gone to the
one across the street. But she didn’t.
Nobody on Superior saw her. She
didn’t get there.”

So she must have been grabbed
somewhere along the block and a half
on East 124th Street between her home
and Superior, only a minute or two
after she left home.

The best bet was that she’d been
approached at the mouth of Thompson
Avenue. Kerr sent his men_ into
Thompson Avenue with orders to in-
spect every inch of it. It was like an
alley—ramshackle garages, dirt, piles
of rubbish, Christmas trees discarded
with tinsel on their dried needles. Near
the alley’s mouth were garbage cans
and as the officers approached huge,
fat rats scrambled away. It must have
been a fearsome place at night.

aN

ee ck jc oh

,

,

Detectives Harold Boyette and Ar-
thur Pagel worked their way along the
south edge of -the alley. It was lined
by garages and fences with locked
gates. If the crime had occurred in
this alley it must have been in the alley
itself, not in a lot off it. But though
they made their way the half block to
124th Place, where the Endicotts lived,
they found nothing—no blood, no sign
of a struggle, no weapon. Nothing.

They crossed 124th Place and went
on. Other men were working the other
side of the alley; some were trying back
yards off it.

OYETTE said, “Wait a minute,” and

stopped. Between two garages was a
fence and there was a break in the
fence; a person could crawl through
into the back yard beyond.

“A good place,” Pagel muttered.

They squeezed through. They were
in a narrow areaway between two gar-
ages. At first they saw nothing.

But as they peered closer they noticed
scuff-marks on the ground. And then
Boyette exclaimed, “Look here!” and
pointed. Blood spattered the wall of a
garage.

This was where Sheila had been
stabbed.

They brought Kerr. And_ they
searched that area as they had searched

y Blond, blue-eyed, vivacious Sheila
~ when she was friend and favorite of everyone who knew her

sh ae

Ann Tuley as she looked

at the scene. No weapon. No other

clues at all.

The people who lived there had heard 4
nothing, which substantiated Kerr's“
idea that Sheila had gone there wil- &
lingly, lured by a quarter, that she =

hadn't been dragged there.

So now they knew the scene. Kerr”

felt sure it meant two things: That the
murderer was a psychopath and that he
lived near by. ;

Of course, it still was possible that

some other juvenile had committed the ~

crime. So the police kept after kid
gangs. But they concentrated on

psychos—men with prior records, men 2

the residents considered queer. :

Inspector Blackwell discovered that

about fifteen inmates of a neighboring
mental institution had been paroled to
go home for Christmas and had not re-
turned. Immediately he ordered them
picked up. And a further check of the
hospital records disclosed that a man
who lived in the neighborhood had
escaped from the hospital two days be-
fore the crime. Blackwell sent a team
of detectives out looking for him.

Another squad came in, bringing two
women. “We've been canvassing for
screwballs,” said one of the detectives,
“and these two ladies saw one just a
few days ago.”

The women declared that while they
were walking down Superior Avenue
they had been approached by a man.
They had hurried away and he had
followed them. They had seen a police-
man directing traffic and went up to
him. As they did so, the man dis-
appeared in the crowd.

Blackwell asked them to describe the
man. They described the same five-
foot, tough-looking man with adhesive
on his face that Markham had seen
emerging onto Superior from the direc-
tion of Thompson Avenue just after
Sheila had been stabbed.

Blackwell and Kerr put two teams of
detectives out hunting him.

TRE lockup was filling. A steady

stream of unkempt men shuffled in
and out of the Homicide office at Cen-
tral Station, men dirty and disheveled,
men with prior records, men who
should have been in institutions. One
by one they were questioned and locked
up till their stories were checked. As
the list of them lengthened and Cleve-
land discovered how many fearsome
characters it had been harboring, a
great public outcry arose. Why were
these men allowed to roam the streets?

And as day passed day, a pall of terror
dropped over the neighborhood where
Sheila had died. The streets were de-

The knife used to kill
Sheila Ann, reproduced
here in its actual size

few spots. This time they got results:
they found a quarter. And Kerr said,
“It was a psycho all right. He must
have offered her a quarter to come
here with him.”

They called Coroner Gerber and he
hurried out with his specialists. Later
he announced that soil samples from
this spot matched the dirt on Sheila's
knees. The officers sawed out the
bloodstained section of the garage and
chemists proved -the blood was of
Sheila's type.

But the officers found nothing else

*


e resi au is
ual conver
n of the eas
is friend if Rig
ig his car

yy he disappeared on a Tuesday. Well,

‘saw him that night.” f

“agoston’s frank statement took the
cers by surprise. And it was with

aief that Stout heard it.

*“Why didn’t you tell us this before?”

ye patrolman questioned.

“['d sort of forgotten which night it
as I'd seen him. Even when I'd seen
in the papers that he’d disappeared
wnat Tuesday night, it still didn’t strike
me right away.”

“Tell us about that night,” Gours

/O days seek:
other owners”
id examining
. while other
the canvasg:
no Balliet.
.y Dodge led:
inding towns:
of them could
he car they %
it looked agg
it: That they
vas someone™
. but alreadys

aid.

“There isn’t much to tell. I went
into a taproom up the main road and
ere was Balliet at the bar. We had
few drinks and then we went out
Miogether. I left Balliet off on the road
ghere he could take a bus. I'd have
driven him all the way to Pond Hill,
put I was in a hurry to get home be-
tause I’d promised to loan someone
my car.”

Stout cut him off with a wave of his
hand. “Who’d you promise to lend
your car to?”

Agoston looked at Stout hard. Then,
ina determined voice, “I just can’t tell
you, Hurley.”

“Why?”

“I just can’t. I promised and I can’t

go back on my word.”

“Russ Balliet was a fine man,” Stout

MAsaid evenly, ‘and we've got every rea-

Ason to believe he’s been killed. You

don’t want to hide his killer, do you,

Shiney?”

Agoston shook his head nervously.

41 just don’t want to get no one in

trouble.” ;

“This fellow.” Stout said, trying a

parerent tack. “Did he borrow your
ear?”

Agoston nodded.

“Did he return it the same night?”

“Tt was there the next morning. Out-

side the house.”

“Was it Dave Pappas?” Gours asked.

Agoston stared at the Trooper, and

Mhis look was one of complete surprise.

“Was it?” Gours insisted.

“I can't say. Honest, I can’t.”

Patrolman Stout decided to let the

matter rest there for a while. There

would be time enough to question

“existed, why:
The search 3

g nationwide4
gone out for®
information ~
ae. Evidently=
that person %

two lead,
rs, - Br
1our of each®
effect of an

n the right
“This fellow
.y-six Dodge
it’s more he

the thing,
town. With-
Si‘ too.. Just<;
at it and no
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that guy left
is something
g like homi- <2
1e boys send

or Gours’ re- ©
ied Agoston 4
. the Trooper
1 in Blooms- «3
the seigee of 3 x
ips the bar- 4
stake about am — Die by the
would have
on. # ;
‘eturned, his -#
ling his ela- “2 roomers at Staley’s rooming-house.
- SBA Two of them had seen him come in at
7:30 p.m. At 7:50—precisely the time
that Sheila had left home—he got up
and announced he was going to bed.
™ But he returned to the room at 8:10,
fully clothed. And in the interim they
Shad heard a door slam somewhere in
4 the house.
Mm Kerr's face was set. “Bring him in.
4 We'll both talk to him.”
‘4 ©6©So they went to work on him. They
4 began easily, asking him to repeat his
|story of his movements. He did so
‘i with some impatience.

When he had finished Kerr said, “In
other words, you claim you did not
‘| leave the rooming-house after half-
+ j past seven that night?”

; “Correct.”
4 Kerr said to Willard, “Tell him what

he really did.”

And then it began. At first Staley
replied indignantly, then he got stub-
born and clammed up, then he became
excited and finally he said, “Well,
al come to think of it, I guess I didn’t eat

the same -& with my friends, I ate in a bar. And
's story still now I remember something else too—
Agoston was at about ten minutes to eight I went
ntirely, then out on the back porch and drank a bot-
ul attention tle of beer. But I didn’t leave the
Porch, I swear I didn’t.”

w suddenly
um what he

ne t?2
all,” Gours »
has his car, as
‘e after sold 23
ourg, for in- 3

FOR hours they hammered away at

him. He admitted what they already

rea proved. But he didn’t budge from

Ne story that he hadn’t left the room-

“8-house porch after 7:30; he didn’t

. : tae ie. in his steadfast declaration that

tg ‘Bf, bad nothing to do with Sheila's
something I eath.

It's about : wineck him up again,” said Kerr and

- the papers. = oe sent him away. The officers

¢ Mt out to Kerr’s car and roared off.

: ites

Shiney further about it. He walked
over to Agoston’s car. He looked at it,
ran his hands over the paint. He
walked around it, peered inside. Then
back to the front again: He rubbed his
chin refiectively, looked at Agoston,
then back at the car again. ~

“Shiney,” he called.

Agoston walked over, followed by
Gours.

“Shiney,” Stout said, “did you ever
have a new windshield put on your
car?”

Agoston shook his head.

“You sure?” Stout asked.

“Of course I’m sure, Hurley.”

Stout said softly, “You're lying. You
know that, don’t you, Shiney?”

“You're crazy!” Agoston shouted. “I
know what I’ve had done to this car! I
never had any windshield put on it!”

“Tet me show you something,
Shiney,” Stout said. “This is only a
little thing, but it’s enough to prove
you're lying about the windshield. And
if you’re lying about that, then it’s a
good bet: you’re lying about a lot of
other things.”

pie it pointed to a small oval insig-
nia on the upper left-hand corner
of the windshield.

“That’s the safety glass trade-mark,
Shiney,” the patrolman said. “Every
car has one. And if you know anything
about automobiles, Shiney, then you
know that this insignia should be on
the bottom. That’s the way they al-
ways come out of the factory. Always,
Shiney.” He paused, as if to let the
point sink in. “Yours is on the upper
left-hand side. That’s proof enough
that someone outside of the manufac-
turer put in this glass.”

Agoston’s face showed no emotion.

“Still not convinced, Shiney?” Stout
asked. ‘Then look at this.” He pointed
to the State inspection tag on the win-
dow. “When they changed your wind-
shield, Shiney, they did as good a job as
they could putting back this tag. But
it involved removing it from the old
window and pasting it back on. If you
look close, Shiney, you can see the dif-
ferent fragments. What was wrong
with the windshield? A bullet hole?”

Christmas Lights

At Staley’s rooming-house they stopped
and went inside and talked to the
landlady.

She showed them Staley’s room and
they took it to pieces. No weapon.
They asked if he had any belongings
anywhere else in the house. She said
she didn’t think so, but another room-
er remembered that Staley kept his
toolbox out in the garage. They found
it, opened it. In it was a two-bladed
knife. And one of the blades bore
dark stains.

RIM-FACED, they rushed back
downtown and sent the knife to

the laboratory.

Kerr found a message on his desk:
Call Inspector Blackwell. He did.

And Blackwell said he, too, had a
suspect who looked good—Howard
Beach, the youth who hadn't been seen
since the crime. ‘

The lead on him had come from
Dwight Bible and his brother, Richard,
and their roommate, James J. Cassidy.
Dwight had known Beach for several
months, had visited in Beach’s home.
They bowled in the same league once a
week; Beach never missed a night.

But he had missed on the Sunday
after the murder. His fellow bowlers
had inquired and learned he'd left
town. He was a little fellow, only a bit
more than five feet tall, and he an-
swered the rest of the description of
the man whom Markham had seen
near the scene of the crime.

Inspector Blackwell said, “We talked
to his father. A nice fellow. He said
the boy left the house the day after
the murder, to go skating, but he hasn’t
come back. And his father found out
he had packed some clothes and taken
them with him.” ;

But Agoston wouldn’t say a word, not
even at Headquarters where they took
him immediately. Seeing that they
couldn’t get anywhere with the man
unless they had more. evidence, Stout
and Gours went to his home. There, in
a clothes closet, they announced later,
they found a German-make revolver
and a shoulder holster. At the bottom
of the closet, in a pair of bloodstained
shoes, they found two clips. One clip
held seven bullets; only five were in the
second. And the closet yielded still
more evidence: A pair of pants and an
overcoat, bloodstained.

EFORE they confronted Agoston
with this evidence, the officers had
the car examined by State Police lab-
oratory technicians. Removing the slip
covers, the technicians found a bullet
hole in the front seat—and more blood.
The bullet, which had gone entirely
through the seat, was found on the floor
in back, embedded in a tiny crevass.

Agoston broke down completely when
he saw the bloodstained items. Some-
thing seemed to snap in his brain and
furiously he fought the officers who
tried to restrain him. The frenzy over
and panting heavily, he made a com-
plete confession to the crime, accord-
ing to police.

Agoston had been deeply in debt, offi-
cials quoted him as saying. He had been
out with Balliet once and the car salles-
man had become drunk; and so Agos-
ton, pretending that he wanted to sell
his car, thought that he could get Bal-
liet drunk again and then steal the
money the salesman was supposed to
bring with him to close the deal. Agos-
ton said that Balliet had visited him
early Tuesday evening and that they
had closed the deal. Balliet, however,
said that he could not give him the
money until he was certain about the
car’s condition and he asked Agoston
to lend it to him for a while. He would
be back later that night and finish the
transaction. Putting the dealers’ tags
on the car, Balliet then drove home.
That was when he met Dave Pappas
and the date he referred to undoubtedly
had been with Agoston—and not with
a girl, as the officers had assumed.

(Continued from Page 7)

“any idea where he might have
gone?”

“Maybe to Baltimore. His father and
mother were divorced and the father
says the mother lives in Baltimore and
the boy might have gone there to visit
her. She’s remarried and the father
doesn’t know her new name or address.
The father says the boy was in an in-
stitution of some kind in New York
until about a year ago. We're trying to
trace it.”

“Fine,” said Kerr. But he couldn’t
get Staley out of his mind, Staley and
the stained knife. He told Blackwell
about it, andthe Inspector said,
“Sounds good. Let me know how you
make out. Anything we can do?”

“Not right now.”

There wasn’t much anyone could do
then. Kerr hung up, and he and Wil-
lard sat there waiting. Waiting for the
laboratory report on that knife of
Staley’s. They talked little. Were they
getting close? Or—

The phone rang. It was Coroner
Gerber. ‘My chemist, Mary Cowan,
tested that knife.”

“ >”

“Jt’s not blood. It’s iron rust.”

Kerr hung up slowly without even
thanking him. He told Willard. Wil-
lard said, “Well, now what?”

Kerr said stubbornly, “Let’s go back
out to Staley’s house.”

They went, and they searched it
again, hardly knowing what they were
looking for. Maybe a garment with
some of Sheila’s hair on it, maybe erotic
literature. Anything that might point
a finger of guilt toward Staley.

But they found nothing.

They went back to Headquarters.
Kerr said, “Let’s see if he'll take a lie-
detector test. If he won't—”

Agoston told the officers, they said,

that when Balliet returned that night,
they went to the taproom where Agos-

ton hoped he could get the salesman -

drunk. But Balliet remained sober.
Outside, on an isolated road, Agoston
said he shot Balliet in the stomach, ac-
cording to police. The shot didn’t kill
Balliet and he struggled with Agoston,
both of them falling out of the car.
Agoston then said he would take Balliet
to the hosptial. On the way, Agoston
claimed, Balliet began fighting again,
and this time he shot him through the
head.

After robbing the dead man, Agoston
told how he drove to the Mifflinville
Bridge and how, at the second span, he
shoved the body beneath the guard
rail and into the Susquehanna.

The next day, after putting his own :

tags back on the car, Agoston noticed
that there was a bullet hole in the front
windshield. He punched a hammer
through it and then drove to Wilkes-
Barre where he bought slip covers, put-
ting them on himself, and then ordered
a new windshield. And that was that.

Agoston had confessed—and yet the
case still was not closed.

The officers wanted the body before
they went to trial.

Weeks passed, and then months. Still
no sign of the body.

TH police wondered about the con-
fession.

And then on March 18, 1948—three
months after Balliet had disappeared—
three rivermen on a sand barge found
the body floating in the Susquehanna,
about fifteen miles south of Lancaster,
Pennsylvania. In three months, the
body had drifted 145 miles. The autop-
sy revealed two bullet holes in the body.

On May 11 a jury deliberated eight
hours and then brought back a verdict
of guilty of murder in the first degree.
Agoston was sentenced to die in the
electric chair. ;

His attorney announced that he

would appeal the verdict.

The names of Dave Pappas and Viv-
ian Cornell are fictitious.

; Read It First In
OFFICIAL DETECTIVE STORIES

But he did. Readily. And he sailed
through it with flying colors. The
machine proved that he was telling the
truth: He knew nothing whatsoever
about Sheila Ann Tuley’s: murder. He
was released. No charge had been
placed against him at any time; he was
simply a completely innocent bystander
drawn by ill chance into a vast police
investigation.

And Kerr and Willard looked at each
other across Kerr’s desk, knowing that
they were almost finished. Speaking
absently, Willard tolled off one by one
the names of the suspects that had
looked hot only to be proved innocent.
Kerr listened disconsolately.

The phone rang. It was Inspector
Blackwell, and there was an edge to his
voice.

“We're getting a line on Beach. He
looks hotter than ever.”

“Yes?”

“HE WAS in an institution in New
York all right—an institution for
mentally defective delinquents. He
went there for an offense. against an
eleven-year-old boy.” :

Kerr whistled.

Blackwell said, “You want to take
over?”

“Gladly.”
Blackwell furnished names and
addresses. Kerr called in Sergeant

Theodore Carlson, Detectives Robert
Schottke, Joseph McManamon and
Frank Dimperio and sent them out to
interview Beach’s father. He himself

tried to verify Beach’s prior record at
the New York institution.

He telephoned the institution and
substantiated the record and learned
that Beach's behavior there had not
The institution superin-

47

been good.

ep

See sores


in no way dis-

s our blond sus-
<ekic.

> can make sure
:well grimly.
ody were taken.
feeling of rage

re girl was piti-

irned over, and
was examined.

Ae

take the blood run
ad talk in whispers
ting unconcerned
: he illustrates the
‘e that pierced the
ting, young victim.

There was a small puncture in the
back of it that looked like a bullet
hole.

“Say, here’s another one!” ex-
claimed Blackwell, pointing.

There was not only one more—
there were six more similar punc-
tures scattered down the back of
the girl’s winter coat. But no blood
oozed from four of them.

“Not bullet holes,” a lab man
declared. “They look more like re-

peated jabs from a sharp knife.”

-“That brings our blond suspect
back in again,” said Blackwell at
once. “The way it looks now, this
girl was chased up here. As she ran,

her assailant kept jabbing her with

a knife.”

“Those women whom the blond
fellow chased didn’t mention ‘any
knife,” said Kekic. :

“Doesn’t mean he didn’t have |
one. It was night-time, and I dare-—

DEATH ALLEY: It was in this forbidding thoroughfare that Shiela Ann was driven
to her doom. Slayer confessed he had taken her through hole in board (right).

Even these veteran detectives, used to callous killers, have never met one more
hardened than this smiling slayer (center). Detective Arthur Willard (left) and
Lieut. David E. Kerr (right) listen with horror to his casual recital of the crime.

say they didn’t look back as they
fled.”

Kekic turned to Detective John
Sullivan. ‘Have some men mingle
with that crowd of neighbors out
front. Tell: them that a girl was
killed and inquire if anybody heard
or saw anything.” ,

Going down the steps, Sullivan
was nearly knocked over by a lab
man. The Jab man came up to Kekic,
breathless. “Chief, there’s a blood
spot out front on the sidewalk,” he
said fast. “And another spot a few
feet away. And in front of the house
next door, there’s another spot.
Your men are hot on the trail.”

“Toward where?”

“An alley a few doors from here.”

“Okay, take her down,” said
Kekic to the stretcher bearers.

But before they could make a
move, there was a commotion on
the porch steps. Kekic turned and
saw a man struggling with two zone
ear policemen.

“Man here says his daughter's
been missing all evening,” one of

. them called up.

“Tet him up here!” said Black-
well.

The man hurried onto the porch.

“My God—it’s Shiela Ann!” he
gasped. He dropped to his knees and
burst into hysterical weeping.

“Who's Shiela Ann?” Kekic asked

gently. :
' “My daughter! I sent her to the
store four hours ago. I’ve been out
all evening looking for her!” He
stared back at the body. “But who
would have hurt you, who could
have hurt you, angel?” he sobbed.
“God, how will I tell her
mother... .”

It was several minutes before the
distraught father could be ques-
tioned further. Brokenly, he said
then that his name was Edward J.
Tuley. and that the Tuley home was
only one block away.

“Does this alley near here open
into your street?” asked Blackwell.

“Yes, it ends there,” said Tuley.
“I’ve been up and down it a dozen
times tonight, looking for her.”

Shiela Ann, he went on, had left
the house at 7:50 Pp. M. At 8:20, he
had gone out looking for her. He
had learned then that the corner
store was closed because of the
holiday. He had gone to all other
stores in the neighborhood. She
had been to none of them.

The father was taken down to a
zone car, and detectives assigned to
accompany him home were in-
structed to start digging for facts
from the Tuley house. If necessary.
they were to awaken every neigh-
bor on the Tuley street.

“We can’t neglect the possibility

39

GMA TT OS age


8

TELEPHONE TIP from a friend of
DEPUTY INSPECTOR MICHAEL J.
BLACKWELL (above) furnished the
lead that helped to crack the case open.

that somebody saw the girl after
she went out,” Kekic told them.
“We've got to find out when she
was last seen alive, and where.”

The body was sent then to the
morgue for an immediate autopsy,
and Kekiec and Blackwell, after
learning from lab men there were
no clues of any kind in the vicinity
of the porch, hurried toward the
alley. :

Detectives at the alley’s entrance
pointed to a large stone a few feet
in from the sidewalk.

“We haven’t found another blood
spot beyond this stone,” said one.

KILLER’S KNIFE: After careful: examination and measurements, Coroner Gerber
declared it was exactly the kind of knife which inflicted wounds on victim’s body.

a Ma akrs ticle,
Hipby begea 2 |

‘
tHyptrd yi bec ahi
t pabhredy trad

it

--babushka,”

There were. several. bloodstains
on the stone, but it was much too
large to have been used as the in+
strument of death. .

“Maybe she stumbled here, and
that’s all there is to it,” said Kekic.
“Perhaps she fell, hit her head on
the stone, and crawled in a semi-
conscious condition to the Horton
porch.”

“The stone couldn’t have made
those punctures in her coat and
Blackwell: reminded
him. ‘What might have happened,
though, is that she was being chased
up the alley, stumbled on the stone
here, and was set upon by her as-
sailant.”

us AND down the.alley, de-
tectives were stepping care-
fully with flashlights. The alley was
a bleak, narrow lane lined with
garbage cans, boarded fences, and
private garages. The penetrating
ray of a mobile unit searchlight lit
up its entire dismal length.

Kekic called out an order, and
the searchlight and the detectives’
flashes blinked out. For a moment,

. there was absolute silence as Kekic

and Blackwell accustomed their
eyes to the pitch-darkness which
enveloped them.

“Okay,” Kekic called out, and all
the lights clicked on again. He
turned to Blackwell. “This, in it-
self, is a crime,” he said bitterly. “If
I had my way, every alley in the
city would either be Jit up at night
or boarded up—so that girls couldn’t
take short-cuts through them.”

Zone cars and detectives scouring
the neighborhood were reporting
back. So far, not a single suspicious

|

me iW

Hades
| ' ats

character had been seen on the
streets, and no trace was found of
the blond youth with the scar on
his cheek. Detective Sullivan,
though, was waiting with two
neighbors.

One of them said that he’d heard
a girl moaning about 9:30 Pp. Mm. “I
live here on the corner of the alley,”
he said. “I heard the moaning again
about fifteen minutes later. I looked
out both times, but I saw nothing.”

Another neighbor who lived a
few doors up from thé alley, claimed
that his dog started barking about
8:30 Pp. M. ‘“He’s ordinarily quiet at
night, but he kept barking at the
door,” he said. “I finally went out
on the porch and took a look. There
wasn’t a soul around.”

“Whatever happened took place
in this alley!” said Kekic emphati-
cally. Abruptly, he bent down to
peer at a small cluster of glass frag-

» ments a few feet away from the

bloodied stone. He picked up one of
them and exclaimed, ‘Don’t tell me
we're loitering here with a hit-and-
run case to solve!”

He held up the piece of glass. It
was a fragment of shattered head-
lamp glass, and it looked freshly
broken.

“For the girl’s sake, I certainly
hope you're right,” said Blackwell,
staring.

Excitement increased when a de-
tective stated that he had kicked a
hub cap to one side when he first
stepped into the alley. “It was right
near the stone,” he added.

Kekic called out to the lab men,
“Get busy here as you would on a
hit-and-run case. We’re going to the
morgue!” (Continued on page 56)


58

hustled into the detective bureau for
further grilling by homicide men.
Meanwhile, the two women who had
been molested were asked again to
come to the station. They complied
with the police request, and zone cars
were sent for them.

Kerr then told Blackwell about the
pale-faced confessor, Jay Wright, and
his feeble-minded son. ;

“Gosh, you ought to be excited,” ex-
claimed Blackwell.

“T know, but somehow I can’t be,”
said Kerr. “Maybe I’m just over-
worked and can’t see straight, but he
doesn’t strike me as the killer.”

“But what about those knives—with
blood on them.”

“T know. But do you know how
many other suspects since Thursday,
have béen picked up with knives with
similar stains? At least twenty of
them. And it always turns out to be
either animal blood, or their own. I’m
waiting for the report on that now.”

A short while later, Police Chief
George J. Matowitz walked into Kerr’s
office, accompanied by _ Inspector
Charles O. Nevel and Deputy In-
spector Kurt R. Gloeckner.

“Is this Shiela Ann Tuley case a
murder or is it a hit-and-run killing?”
he asked Kerr without preliminaries.

“Pm convinced that it’s murder,
chief,” said Kerr firmly.

‘ “A good many of the high-ranking
men in the department are not sure,”
said Matowitz. He looked at Black-
well. “Are you sure?” :

“Yes—it’s murder, I’m sure,” said
Blackwell.

“I feel that it is, too,” said Matowitz.
“But we can’t dare overlook anything.
This kind of case, when there isn’t a

single known witness, no real clues,-

and no apparent motive, goes cold fast
and stays cold. I’ve talked to your
Wright suspect, and he doesn’t sound
so hot. How about the Akron one?”

“He doesn’t make much sense,” said
Kerr. “Those braggers crop up every
time there’s a sensational murder.
Some kind of guilt complex behind it.
They get an emotional release confess-
ing to something they didn’t do.”

“T know. And this blond suspect?”

“The women should be here any
minute to look at him.”

But the two women, upon viewing
the youth, declared emphatically that
he was not the one who’d molested
them. The molester was shorter, they
said, and he’d had an insane kind of
leer on his face. And it most certainly
had been a scar on his cheek—not a
scratch. They were both positive about
the scar.

The youth, nonetheless, was kept in
custody. “Tell us who your girl friend
is and her address. If she really
scratched you, we might let you go,”
Blackwell informed him.

This he refused to do, and detec-
tives were sent out to try to locate the
girl through questioning of the youth’s
friends. :

“oe Akron suspect was brought in
shortly before 11 p.m. He was sul-
len, reeked of alcohol, and appeared
to be in a mood that defied grilling.

“lve got a hangover,” he snapped.
“T don’t feel like talking.”

“I didn’t expect you would,” said
Kerr wearily. “But aiter you’ve been
kept awake a tew days and nights,
like I and a lot of other men around
here, you might be willing to loosen
up a bit—if only to get a little sleep.”
He turned to detectives. “Take him
out and grill him.” :

Wright, meanwhile, had stubbornly
refused to sign the brief, unadorned
confession he’d made. ‘

Later that night, the final analysis
of the bloodstains on Wright’s numer-
ous knives came through:

“Not human blood,” it read. “Knives
pronetly used to cut meat or fowl.

tains in, house and on trousers not
human.” Fass Ze

The father and son .were turned

over to county psychiatrists for mental .

tests, and a good many detectives that
evening felt discouraged now that al-
most all their early leads had been
dissipated.

That night, a big searchlight was.
driven through the neighborhood of
the killing. It was directed on the
ground —on front lawns, backyards,
and up and down the alley—in a des-
perate effort to pick up a glint of some
weapon missed by daylight searchers.
A knife hastily buried, it was rea-
soned, might not have been thor-
oughly covered. The searchlight’s ray
might quickly point it out. But the
ray disclosed nothing. :

Fluorescent powder then was dusted
about the neighborhood, and a minute
search was made for more blood-spots
through the use of ultra-violet rays.
No further spots were found.

Next day, detectives were sent with
ladders into the neighborhood with
instructions to inspect every garage
top and every oe in another of
the ceaseless efforts to locate the mur-
der weapon. They did not find it.

Samples of soil that afternoon were
taken from every lawn in the vicinity
and from the alley, so that detectives
could be sure the mud smudges on‘the
girl’s clothing really came from the
neighborhood. Reports confirmed the
fact that the mud had come from the
alley. ;

By now, hundreds of calls were
coming in at Central Station from
citizens demanding action. To all calls,
detectives replied wearily, “If you can
think of anything we haven’t done, let
us know.” :

Others, more understanding of the,
situation, called in with tips. Many of
them were ridiculous, but every one
had to be checked. A reward of $5000
had been posted by the Cleveland
Press for information leading to the
arrest and conviction of the killer, and
many of the tipsters were hitting in
the dark, hoping to stumble on the

“Couldn't | claim fraud? | just found
out her father's gun wasn't loaded!"

solution to the outrageous crime.

But who had killed Shiela Ann
Tuley? And why? The Akron suspect,
examined by psychiatrists, was found
to be a pathological liar. Witnesses
were located in Akron who stated he
could not possibly have been in Cleve-
land at the time Shiela Ann was slain.

O* LY ‘the youth with the scratch én”

his cheek was left, although at
no time of the day or night was the
detective bureau empty of suspects.
These suspects, in the main, were rou-
tine pickups. Few of them were prom-
ising enough to be held for more than
‘an hour. But the youth with the
scratched cheek had “clammed” up
completely, and efforts to locate his
girl friend had been unsuccessful.
On Thursday, January 8, seven days
after the slaying, the parents of Shiela
Ann Tuley broadcast an appeal to the
heart of Cleveland.

“Someone knows what happened to-

our daughter. Until someone tells, no
‘girl on the streets of Cleveland is safe
after dark. We have suffered. But it
is not for us alone we want this help.
... If someone is hiding a friend, or
a parent a son, he must carry a terrible
guilt himself—the guilt for the next
victim.

“We sit here, hour after hour, and
ask ourselves: ‘Why? Why? Why
would any human being want to hide
this thing?”

The rewards mounted to $7000, and
dozens of detectives were held in the
detective bureau to handle the tips
which poured in following the broad-

cast.

“l’m beginning to feel it’s the only
way we're going to solve this case,”
said Kerr to Inspector Blackwell.

_“If we don’t slip up on one of the
tips,” added Blackwell. “We’ve got
the entire city alerted on the blond
outh with the scar on his cheek. If
e shows his face, somebody is bound
to call us.”

“If he hasn’t skipped out of town,” -

frowned Kerr. “Another thing, we’re
not at all certain he’s the killer.”

By Sunday afternoon, 600 tips had
been received and checked, and two
more psychopaths had “confessed” to
the killing.

_ Then a call came in that sent detec-
tives racing to a house on Superior
Avenue.. The girl friend of the youth

with the scratched cheek had called .

in herself. Somebody had told her:
about his arrest, and she was worried.
Why were the police holding him?

At the same time, Inspector Black-
well was getting a tip on the tele-
phone at his home. All that day, he
had been taking calls relayed to him
from his office in the Fifth District,
but this one was from a friend of his,
and it looked good. He called Kerr
immediately at headquarters.

“IT just got a call on a 23-year-old
blond youth who’s been missing from
his home since the day after the mur-
der,” he said. “My tipster is a friend
of mine and he’s a reliable fellow. The
youth’s name is Harold Beach, Jr.
Here’s the address.” :

Kerr took it down. “That’s the same
street on which those two women
were molested,” he observed.

“Yes, and the fellow who called me
said that Beach had an odd habit of
roaming the streets late at night. Said
he sometimes went for a walk from
one end of the city to the other.”

“T’ll check on him right away,” said
Kerr, He hung up and called in De-
tectives Joseph McManamon and

Frank Dimperio. | be
check,” he said, givin

The girl friend of
cheek suspect was m
detectives who’d hurr
a thorough tongue-la:

“Tf I -want to scratch
face, I’ll scratch his
hotly: “She was a sli
hair and a pert nose
tives watched her al
he should tell you st:
I don’t know. I don
bit nice of him. But:
holding him?”

“We think maybe
body,” a detective re

“Him?” She bur:
“And Yll bet he hi
much to think otk
Why, all he does is
fashioned Jesse Jar
just a big bragger,
that I said so!”

At the Beach hom
Manamon and Dimrp
in by the youth’s fc
in trouble?” he ask«

“We're just che
whereabouts,” said
you know where he

“l’m not sure, bu
he went to Baltir
mother.” am

“Why a suspicion

“Well, I’ve only
me since last Ma
from his mother, a
her in Baltimore.
when he—”

HE father paus'
embarrassment
“If you are checki
some reason, you
his record.”
- The detectives
mean in Baltimore
“You evidently «
tell you anyway,
uietly. “My son
the Napanuch Re
York for five year:
a crime against nat

“A sex crime?”

inwardly excited.

“Yes.’ :

“What time dic

night of January

“No, my present
of the house all
late.”

“And the next d

“He was with wu:
in the evening. F
going skating and
we noticed that
under his arm. ¥
and discovered he
clothing, and we
back. He’d been
time he might si
leave.”

The father cou
mother’s address
had remarried, a!
correspondence b

A scar on his
about an inch lor

Back at headq
and Dimperio r
Kerr.

“Now we're
exclaimed Kerr.
and put a long-
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It was 2:45 a.m. before the coroner,
Dr. Samuel R. Gerber, was ready to
announce his findings.

“Pm afraid your hit-and-run theory
is out,” he said then. “She died from
a lacerated brain—from a knife sete
There are seven punctures in her hea
and back, and they’re -all from the
same instrument—a_sharp-pointed
knife, I’d say.”

“How about sharp-pointed glass
can | fragments?” asked Blackwell.

““Couldn’t have inflicted seven
ls wounds all exactly alike,” the coroner
and | replied.

Kekic and Blackwell exchanged
worried glances. “Was she—” began
be | Kekic grimly. :

“No. There are only the wounds. A
few minor discolorations on her knees,
perhaps from crawling or being

dif-

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She was not attacked, you say. What
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The coroner grimaced. ‘There are
psychopaths who kill just for the sake
of killing,” he said, shuddering. “But
you mustn’t overlook the possibility
that her assailant was frightened away

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Y TO Before daybreak, thirty detectives

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By morning, when Detective Lieu-
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and officially took over the case, the
detective bureau was crowded with
whimpering, protesting suspects.
Headquarters detectives were grilling
them in relays. Others were dashing
out in teams to check up on alibis.

The newspapers carried the story
under screaming headlines. And all of
them, despite the coroner’s findings,
posed the question:

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CLEVELAND'S
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(Continued from page 41)

told them. “She could have been
jabbed playfully or maliciously by a
juvenile out with a Christmas set of
bow and arrows or a Bowie knife. Or,
and this is my own personal theory,
she could have been prodded into that
alley by a psychopath with a knife. The
only deep wound is in her brain. The
others were light stabs which barely
drew blood.” :

The entire squad then, with Kerr
and other high-ranking detectives,
proceeded to the neighborhood of the
killing. For three days, they combed
through the district, retracing their
steps many times. But they didn’t un-
earth a single clue or ferret out a sin-
gle “hot” suspect.

The two women annoyed by the
blond youth with the scar on his
cheek were cooperating courageously
They viewed many of the suspects in
the police lineup—but they failed to
identify the youth who had attempted
to attack them. A description of this
suspect had been sent out to police
over five states. The newspapers had
published his description, too, and nu-
merous tips on his possible identity
and whereabouts had poured in.
had ‘been investigated and_ found
groundless. By nightfall on Sunday,
January 4, more than 400 suspects,
not including scores of teenage neigh-
borhood “toughs” had been grilled
for hours and released. :

All mental institutions in Ohio and
neighboring states had been checked
for escapes. In the county, fourteen
mental cases who had been released on
holiday passes were quickly checked
and eliminated.

So matters stood about 6 P.M. on
Sunday as Kerr, weary from lack of
sleep during the 60 hours he had
been on the case, cruised slowly down
one of the streets not far from the

porch on which the girl’s body was_

found.

Police Captain Joseph Skala was in
charge of a detail of policemen who
were making a house-to-house can-
vass of backyards-and rubbish piles,
in search of a possible murder weapon.

Kerr was passing one of these
houses being checked when a detec-
tive signaled to him. Kerr stopped the
car, got out, and mounted the porch.

“Something queer here,” said the
detective.

He pressed the doorbell. His finger
was still on the button when the door
curtain parted and a pale-faced man
with deep-set eyes peered out at them.

“No,” the man said, forming the
word with his lips. He immediately
disappeared.

“He's been doing that for five min-
utes,” said the detective.

“Ring him again,” said Kerr.

The detective did so, and Kerr
pulled out his service pistol. The face
reappeared.

“Open up!” Kerr shouted.

The door opened. :

“Step out here,” ordered Kerr, hol-
stering his pistol.

The man stepped out.

“What do you mean no?” demanded

Kerr.

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The detective did so, and Kerr pulled
out his service pistol. The face reappeared.

“Open up!” Kerr shouted.

The door opened.

“Step out here,” ordered Kerr, holster-
ing his pistol.

The. man stepped out.

“What do you mean ‘no’?” demanded
Kerr.

“I mean no, I did not kill that girl, y.
the man calmly replied. “I would not do
a thing like that.”

“Who said you did?” asked Kerr.

~“That’s why you’re here, isn’t it? To
arrest me?”

Kerr stepped past the man and was
about to enter the house when he realized
that he had no search warrant.

“Go on,” said the man softly. “I don’t
mind at all.”

In the kitchen, Kerr came upon. an
emaciated youth wearing thick, bifocal
glasses. He was sitting on the floor, strok-
ing a cat. The youth looked up at Kerr
and grinned. “In there,” he said, pointing
into a bedroom.

Kerr stepped:into it and stared at the

esse 2a,

bed. On it lay a wide assortment of

knives. There was even a bayonet there.

Kerr hurried back to the porch, but
before he was able to say a word, the man
smiled and said, “May I put my coat on
before we go?”

“Go where?” asked Kerr.

“To the station. But when we get there,
I will not utter a word.”

Both he and the emaciated youth were
taken at once to Central Station and put
into separate rooms and grilled.

The youth, it was quickly found out,

could not answer a single question intelli-
gently. He looked about 18, but he could
not even give his name. When asked, “Are
you alive?” he replied, “I eat breakfast.”

The pale-faced man sat on a chair in
Kerr’s office and said nothing. Papers in
the house, though, including letters from
the youth’s mother, identified the father
of the youth. His name was Jay Wright.
He was unemployed, and he and his son
lived in the house on relief. _

His fingerprints were taken, but there
was no record on him in the Bertillon
Bureau.

To all questions, he would calmly blink
his eyes and tap lightly on Kerr’s desk
with his fingertips.

The knives, meanwhile, had been rushed

to the laboratory for microscopic exami-
nation. No blood stains had been visible
on them, but a report was quickly rushed
to Kerr via the telephone.

“There are traces of blood on every
one. of these knives!” was the electrify-
ing news. —

A lab man phoned in a few minutes
later from a two-way radio car parked out
in front of the Wright house. “There are
bloodstains in a closet, under the bed, and
on a pair of old trousers, ” he reported.

Word of the “hot” arrest had spread
like wildfire through the station, and
Shortly after, Kerr received many phone
Calls congratulating him. “Don’t con-
gratulate me yet,” he said irritably. “All

I have here is a fawn-eyed man who .

might be the one we’re after. Or it might
be his son. Or it could be that neither one
is implicated in this case.”

Kerr was replying in this vein to a

oe mk ADAse a tepeey Areerese Yes

and tapped ‘him on the arm. “I’ve decided
to say something,” he said quietly.

Kerr hung up. “Go ahead,” he said.

“T did it.” ;

“Howe”

“TI stabbed her.”

“Where at?”

“In that alley.”

“Why?”

“T don’t know. I don’t remember why.”

“You will sign a statement to that ef-
fect?” asked Kerr, eyeing Wright tensely.

“T will sign to what I said. I will say
nothing further.”

While detectives dug in and were en-
deavoring to entice Wright into elaborat-
ing on his confession and newspaper re-
porters were rushing to telephones, a
phone call came in from police in Akron,
Ohio.

“We've got your man!” the chief there
declared. “Had an eight-inch knife on
him, and he’s ready to confess.”

_ “Tell me more,” said Kerr.

“He’s 39, name’s Robert Tinnel. Occu-

pation, cook for railroad gangs. We picked

him-up here in a cheap rooming-house,

after a report came in he was bragging
about assaults on Cleveland women. We
investigated and learned from Baltimore
& Ohio Railroad detectives that he was

heard telling men in a railroad camp that.

he was the ‘guy they’re looking for in
Cleveland.’ Tells us he left Cleveland last
Thursday night about midnight.”

Inspector Martin Blecke and Captain
John Fleming left at once to pick up the
Akron man. Scarcely had they left the
Detective Bureau when another amazing
call came in to top off the sudden explo-
sion of “breaks” in the case. It was from
Blackwell. ;

“I’m bringing a fellow in who’s the
hottest suspect I’ve questioned yet,” he
said.

- “Why is he?” Kerr asked, noting this
new bit of information.

“Two knives in-his bedroom, and he’s
got a long scratch on his face. ‘Further-
more, he was out roaming the streets the
night of the killing. r

“Bring him in,” said Kerr.

“You don’t sound excited,” Blackwell
observed.

“He'll have to confess to excite me at
this moment,” said Kerr wearily. “We’ve

- got two’ confessions coming through si-

multaneously.”

The suspect picked up by Blackwell
was presently in Kerr’s office, and Kerr
sat up a little at sight of him. He was a
diminutive blond youth.

“How did you get that scratch?” Kerr
asked at once, eyeing the youth carefully.

“A car ran over me.”

“That’s not funny,”
swer my question.”

“Well, my girlfriend did it.”

“You know what I think,” said Black-
well suddenly. He bent down and looked
into the youth’s face. “That scratch he’s
got could look like a Scar at night. You’re
the fellow, I bet, who molested those two
women out in the Penelope Thomas neigh-
borhood.”

“Me?” cried the youth. “Hey, don’t
pin anything like that on me! My girl
wouldn’t speak to me.”

“You know why you're here, don’t
you?”

said Kerr. ‘“An-

a er Aaa Eee Sener Beeee

“How. come then,” asked Blackwell,
“you became upset at being accused of
molesting two women. Apparently, being
accused of murdering a girl doesn’t seem
to embarrass you?”

“Because my girl friend would laugh at
that, but she’d probably believe it about
the two women. That’s how she is.”

“After those two women look at you,”
said Kerr, “you might have a different
story.”

“Like fun I will!”

._ “What’s your girlfriend’s name and
address?”

He refused to divulge it and was hustled
into the Detective Bureau for further
grilling by homicide men. Meanwhile the
two women who had been molested were
asked again to come to the station. They
complied with the police request, and
zone cars were sent for them.

Kerr then told Blackwell about the
pale-faced confessor, Jay Wright, and his
feeble-minded son.

“Gosh, you ought to be excited,” ex
claimed Blackwell.

“T know, but somehow I can’t be,” said
Kerr. “Maybe I’m just overworked and

‘can’t see straight, but he doesn’t strike

me as the killer.”

“But what about those knives—with
blood on them.”

“T know. But do you know how many
other suspects since Thursday have béen
picked up with knives with similar stains?
At least 20 of them. And it always turns
out to be either animal blood or their
own. Pm waiting for the report on that
now.’

A short while later, Police Chief George
J. Matowitz walked into Kerr’s office, ac-
companied by Inspector Charles O. Nevel
and Deputy a. 80 Kurt R. Gloeckner.

“Is this Penelope Thomas case a mur-
der: or is it a hit-and-run killing?” he
asked Kerr without preliminaries.

. “I’m convinced that it’s murder chief,”
said Kerr firmly.

“A good many of the high- sanking men
in the department are not sure,” said
Matowitz. He looked at Blackwell. “Are
you sure?” .

“Yes—it’s ° murder, I'm sure,’
Blackwell.

“I feel that it is, too,” said Matowitz.
“But we can’t dare overlook anything.
This kind of case, when there isn’t a
single known witness, no real clues, and
no apparent motive, goes cold fast and

said

stays cold. I’ve talked to your Wright

suspect, and he doesn’t sound so hot.
How about the Akron one?”

“He doesn’t make much sense,’ > said
Kerr. “Those braggers crop up everytime
there’s a sensational murder. Some kind
of guilt complex behind it. They get an
emotional release confessing to something
they didn’t do.”

“I know. And this blond suspect?”

“The women should be here any minute
to look at him.”

But the two women, upon viewing the
youth, declared emphatically that he was
not the one who’d molested them. The
molester was shorter, they said, and he’d
had an insane kind ‘of leer on his face.
And it most certainly had been a scar on
his cheek—not a scratch. They were both
positive about the scar.

The youth, nonetheless, was kept in

43


a

Detectives Arthur Willard (left) and David Kerr (right) listen with horror to killer’s casual recital of his crime.

THE FIEND IN THE ALLEY

continued

unlock the door. Just then I saw the figure lying there.
I didn’t have the key, and I called to my son to hurry
up with it. Then I stepped to the bay window. I bent
down to get a close look, and my heart jumped. I could
hear my wife coming, and I hurried to the porch rail
and told her to take my daughter to the side door. I
got the front door open, hurried in, and telephoned the
police.”

Police technicians had swarmed onto the porch and
were already dusting for fingerprints. Others were set-
ting up cameras. Still others were going over the ice-
coated front yard and sidewalk, in search of clues. Another
had rushed onto the porch with a powerful mobile unit
searchlight, and its bright glare focused on the girl’s
body. ;

The first thing noted was that the girl’s clothing was
in no way disarranged.

“Sort of eliminates our blond suspect,” commented
Kekic with obvious relief.

“Only the coroner can make sure of that,” said Black-
well grimly.

Pictures of the body were taken. As he looked on, a
feeling of rage came over Kekic. The girl was pitifully
young.

The body was tutned over, and then the babushka

The coat worn by the slayer is being examined by Coroner
S. S. Gerber. Telltale bloodstains confirmed killer’s story.

was examined. There was a small puncture in the back
of it that looked like a bullet hole.
“Say, here’s another one!” exclaimed Blackwell, point-

ing.
There was not only one more—there were six more

similar punctures scattered down the back of the girl’s

winter coat. But no blood oozed from four of them.

“Not bullet holes,” a lab man declared. “They look

more like jabs from a knife.”
“That brings our blond suspect back in again,” said
Blackwell at once. “The way if? looks now, this girl was


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A phone tip from a friend of Deputy Inspector Blackwell
(above) furnished the lead that helped to break the case.

chased up here. As she ran, her assailant kept jabbing
her with a knife.”

“Those women whom the blond fellow chased didn’t
mention any knife,” said Kekic.

‘“Doesn’t mean he didn’t have one. It was night time,
and I daresay they didn’t look back as they fled.”

Kekic turned to Detective John Sullivan. “Have some
men mingle with that crowd of neighbors out front. Tell
them that a girl was killed and inquire if anybody

eard or saw anything.”

Going down the steps, Sullivan was nearly knocked
over by a lab man. The lab man came up to Kekic,
breathless. “Chief, there’s a blood spot out front on
the sidewalk,” he said fast. “And another spot a few
feet away.’ And in front of the house next door, there’s
another spot. Your men are hot on the trail.”

“Toward where?”

“An alley a few doors from here.” :

“Okay, take her down,” said Kekic to the stretcher
bearers.

But before they could make a move there was a com-
motion on the porch steps. Kekic turned and saw a man
pushing past two zone car policemen.

“Man here says his friend’s daughter has been missing
all evening,” one of them called up.

“Let him up here!” said Blackwell. :

The man hurried onto the porch.

“My God—it’s Penny!” he gasped after glimpsing
the face of the dead girl.

“Who’s Penny?” Kekic asked gently.

“Penelope Thomas. She was sent to the store four
* hours ago. We’ve been out all evening looking for her!”

He stared back at the body. ‘But who could have hurt
her, who could have done this?” he asked. “God, how
will I break this news . . .”

It was several minutes before the distraught man could
be questioned further. Brokenly, he said that he had oe
been visiting the Thomas home which was only one block ee,
away. Penelope, he went on, had left the house at 7:50 es Cro. ma

©. At 8:20, they became uneasy and had gone out The leering, unconcerned. killer smiles as he illustrates the

oking for her. They learned (Continued on page 42) way he held the knife that pierced the brain of his victim.

19


42

riENU
IN THE
ALLEY

Continued from page (9

then the corner store was closed because
of the holiday. They had gone to all
other stores in the neighborhood. She had
been to none of them.

“Does this alley near here open into
the street where the girl lived?” asked
Blackwell.

“Yes, it ends there,” the man said.
“T’ve been up and down it a dozen times
tonight, looking for her.”

The man was taken down to a zone
car, and detectives assigned to accompany
him were instructed to start digging for
facts from the house where the girl lived.
If necessary, they were to awaken every
neighbor on the street.

“We can’t neglect the possibility that
somebody saw the girl after she went
out,” Kekic told them. “We’ve got to find

out when she was last seen alive, and-

where.” .

The body was sent then to the morgue
for an immediate autopsy, and Kekic and
Blackwell, after learning from lab men
there were no clues of any kind in the
vicinity. of the porch, hurried toward the
alley.

Detectives at the alley’s entrance point-
ed to a large stone a few feet in from the
sidewalk.

“We haven’t found another blood spot
beyond this stone,” said one.

There were several bloodstains on the

‘stone, but it was much too large to have

been used as the instrument of death.
“Maybe she stumbled here, and that’s
all there is to it,” said Kekic. “Perhaps
she fell, hit her head on the stone, and
crawled in a semi-conscious condition to
the Horton porch.”
- “The stone couldn’t have made those
punctures in her coat and babushka,”
Blackwell reminded him. “What might
have happened, though, is that she was
being chased up the alley, stumbled on
the stone here, and was set upon by her
assailant.” :

? and down the alley, detectives were
stepping carefully with flashlights. The
alley was a bleak narrow lane lined with
garbage cans, boarded fences, and private
garages. The penetrating ray of a mobile
unit searchlight lit up its entire dismal
length.

Kekic ‘called out an order, and the
searchlight and the detectives’ flashes
blinked out. For a moment, there was
absolute silence as Kekic and Blackwell
accustomed their eyes to the pitch-dark-
ness which enveloped them.

“Okay,” Kekic called’ out, and all the
lights clicked on again. He turned to

Blackwell. “This, in itself, is a crime,”
he, said bitterly. “If I had my way, every
alley in the city would either be lit up at
night or boarded up so that girls couldn’t

‘take’ short cuts through them.”

Zone cars and detectives scouring the

SE Ae et at CR Ae OR

not a single suspicious character had been
seen on the streets, and no trace was
found of the blond youth with the scar
on his cheek. Detective Sullivan, though,
was waiting with two neighbors.

One of them said that he’d heard a girl
moaning about 9:30 p.m..“‘I live here on
the corner of the alley,” he said. “I heard
the moaning again about 15 minutes later.
I looked out both times, but I saw noth-
ing.”

Another neighbor who lived a few
doors up from the alley, claimed that his
dog started barking about 8:30 p.m. “He’s
ordinarily quiet at night, but he kept
barking at the door,” he said. “I finally
went out on the porch and took a look.
There wasn’t a soul around.”

“Whatever happened took place in this
alley!” said Kekic emphatically. Abruptly,
he bent down to peer at a small cluster
of glass fragments a few feet away from
the bloodied stone. He picked up one of
them and exclaimed, “Don’t tell me we’re
loitering here with a hit-and-run case to
solve !”

He held up the piece of glass. It was a
fragment of shattered headlamp glass, and
it looked freshly broken. es,

“For the girl’s sake, I certainly hope
you're right,” said Blackwell, staring.

Excitement increased when a detective
stated that he had kicked a hub cap to
one side when he first stepped into the
alley. “It was right near the stone,” he
added.

Kekic called out to the lab men, “Get
busy here as you would on a hit-and-run
case..We’re going to the morgue!”

It was 2:45 a.M. before the coroner, .

Dr. Samuel R. Gerber, was ready to an-
nounce his findings.

“T’m afraid your hit-and-run theory is
out,” he said then. “She died from a
lacerated brain—from a knife stab. There
are seven wounds in her head and back,
and they’re all from the same instrument
—a sharp-pointed knife, I’d say.”

“How about sharp-pointed glass frag-
ments?” asked Blackwell.

“Couldn’t have inflicted seven wounds
all exactly alike,” the coroner replied.

Kekic and Blackwell exchanged wor-

ried glances. “Was she——” began_Kekic

grimly.

“No. There are only the wounds. A few
minor discolorations on her knees, per-
haps from ‘crawling or being dragged to
where she was found, but there’s no evi-
dence that she struggled with an assail-
ant.”

“T don’t understand it then,” said Black-
well. “She wasn’t robbed of: the small

-amount of money in her purse. She was

not sexually molested, you say. What then
was the motive?” ,

The coroner grimaced. “There are psy-
chopaths who kill just for the sake of
killing,” he said, shuddering. “But you
mustn’t overlook the possibility that her
assailant was frightened away when she
fell and began to moan. It’s very possible
he was chasing her.”

Before daybreak, 30 detectives had

been assigned to the case. They were given ©

a list of all known morons and psycho-

‘paths residing in the Fifth District, with

orders to round them up for questioning
at Central Station. ;
By morning, when Detective. Lieuten-

was crowded with whimpering, protesting ~

suspects. Headquarters detectives were
grilling them in relays. Others were dash-
ing out in teams to check up on alibis.

The newspapers carried the story under
screaming headlines. And all of them, de-
spite the coroner’s findings, posed the
question:

“Was Penelope Thomas stalked and
killed by a psychopath . . . or was she
the victim of a hit-and-run motorist?”

IEUTENANT Kerr’s first move was to
instruct his 20-man homicide squad to
plug doggedly in pursuit of all possibili-
ties. “She could even have been run down
by a bicycle,” he told them. “She could
have been jabbed playfully or maliciously
by a juvenile out with a Christmas set of
bow and arrows or a Bowie knife. Or, and
this is my own personal theory, she could
have been prodded into that alley by a
psychopath with a knife. The only deep
wound is in her brain. The others were
light stabs which barely drew blood.”

The entire squad then, with Kerr and
other high-ranking detectives, proceeded
to the neighborhood of the killing. For
three days, they combed through the dis-
trict, retracing their steps many times.
But they didn’t unearth a single clue or
ferret out a single “hot” suspect.

The two women molested by the blond
youth with the scar on his cheek were co-
operating courageously. They viewed
many of the suspects in the police lineup
—but they failed to identify the youth
who had attempted to molest them. A de-
scription of this suspect had been sent
out to police over five states. The news-
papers had published his description, too,
and numerous tips on his possible identity
and whereabouts had poured in. All had
been investigated and found groundless.
By nightfall on Sunday, January 4, more
than 400 suspects, not including scores of
teen-age neighborhood “toughs”, had been
grilled for hours and released.

All mental institutions in Ohio and
neighboring states had been checked for
escapes. In the county, 14 mental cases
who had been released on holiday passes
were quickly checked and eliminated,

So matters stood about 6 P.M. on Sun-
day as Kerr, weary from lack of sleep
during the sixty hours he had been on the
case, cruised slowly down one of the
streets not far from the porch on which
the girl’s body was found.

- Police Captain Joseph Skala was in
charge of a detail of policemen who were
making a house-to-house canvass of back-
yards and rubbish piles, in search of a
possible murder weapon.

Kerr was passing one of these houses
being checked when a detective signaled
to him. Kerr stopped the car, got out, and
mounted the porch. -

“Something queer here,” said the de-
tective.

He pressed the door bell. His finger was
still on the button when the door curtain
parted and a pale-faced man with deep-
-set eyes peered out at them.

“No,” the man said, forming the word
with his lips. He immediately disappeared.

“He’s been doing that for five minutes,”

“said the detective.

oN


Ff .*

q
f

Bpecial Correspondence Ohio State Journs nal}:

Pee Mz. Vunnon, Dee. Bis 1877.

‘The all-absorbing i of so: iver eon ar :

here tt ‘thie Wxecution of W. 5 Bargin

whic ‘take pleas bicarloat ow, fo th

oe

der of Thomes J, McBride, on, ite

of last Jane, Tt is the talk ji in ithe bus’
nese places; at. the tele, in bh
circle, 6a ‘the “stees
ever men or women meet. Nathicg e!

seems to encompass the mind 69 much ag

this onetheme, .The country people | have |

BBs §

éought the . infection, end Mapy ‘writ!

be in town to-morrow, | although nor ie |

wparcely have the remoteat hope. of wit-

fiéssing the exeention; | The paisnes are!
‘Hinited—the Press | ‘gang, doctore, mini |

ters and a few others, being the fare

—the law forbidding the attend anna oe
the pell-mell crowd, who luxuriate in a.

morbid enriosity to see’ the horrible.

Ole

ha, Am: phot eh

STATE TooRVAd

WHE MURDER. | |

'n this connection it may be proper to
give a short account of the murder, it be-
ing fresh in the minda of most people
must pre clude an extended | notices. | The
murdered man was Thomas J. McBride,
juntor member of the firm of T. J, McBride
Son, lessees of the Rergin House, He
wes thirtyfive years old,:and had a wife

Pa RG ABIES aOR TS

visiting at Newark, , On Wednesday
morning | ‘preceding the murder, Bergin
went into the office of the hotel, some-
what intoxicated, and asked the clerk for
aroom, and waa advised to go home and

sleop, at which Bergin took his. departure
and. waa seen no more that: night. About
seven o'clock Friday morning Bergin
again mede his appearance at the office of
the hotel and entered into conversation
with Mr. Mc cBride, claiming that he; hed |
sa catchel or valise in’ the hotel, which he
Mr. McBride informed him that
he knew nothing abont it, but as soon ag
‘he alerk arose he would attend to it,
| Rergin becarne inaulting, when McBride
went up to the clerk’s room. and made
inqniry in reference to the satchel. The

ANE A SORE OF RES SEEN BEF OED

desired.

whet the man who had charge of the bag-
gage came in they would look it up. Ber-
gin became very disagreeable and. went
away making some angry threats, —
About half an ‘hour sfter Bergin re-
turned to the hotel. .. McBride was reiting
iin a chair on the! outbide: of the north
door, on the pavement, engaged in conver-
sation. Bergin entered at the east door,
walked through to the north door, drew s
pistol from his pocket, took deliberate
aim at MeBride’s head and fired the fatal
shot, af the samme time exclaiming,
“There, take that!’”? The ball entered the
right side of the head, about one inch
shove the ear, Bergin was at once ar-

(2 - ‘E77

;

and two children, who at the’ time were |

latter : enid he knew nothing abontit. Mc.
Sride informed Bergin of thia, but said.


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agtet Pad a ain nae ee fEAAS TS Sa Ao EE


11-23-98—
OHIO:

In Columbus, the Ohio Supreme Court on Monday set Feb. 19 as the new
execution date for a man considered closest to becoming the 1st
person executed in the state since 1963,

But more legal maneuvering could again put off the execution of
Wilford Lee Berry, the death row inmate dubbed "the Volunteer”
because he wants to die rather than spend his life in prison.

it is the 2nd time a date has been set for Berry's execution for the
murder of a Cleveland baker during a 1989 robbery.

On March 3, Berty was on his way to the execution chamber at the
Southem Ohio Correctional Facility in Lucasville when the U.S.
Supreme Court ordered that the execution be stopped.

But on Nov. 9, the high court refused to hear an appeal by members of
Berry's family, allowing the new date to be set.

Attorney General Betty Montgomery has pushed for an end to Berry’s
appeals, saying he is competent to decide his own fate. She had no
comment about the new date, her office said.

Greg Meyers, chief of the death-penalty section of the Ohio Public
Defender's office, said he has to meet with other lawyers to decide
how to proceed.

His office already has asked a federal judge to revew new evidence

that Berry suffered brain damage in a prison beating. The office also

has not decided whether to ask the U.S. Supreme Court to reconsider its
Nov. 9 ruling.

Govy.-elect Bob Taft would have the power to stop the execution, but
supports the death penalty. A spokesman said Taft would review the
case closely before deciding whether to step in.

"He realizes this is one of the most serious issues he will deal with
in this administration,” spokesman Brett Buérck said.

Berry, 36, was sentenced to die for shooting Cleveland baker Charles
Mitroff. Berry was imprisoned at the Mansfield Correctional
institution until last year, when he was beaten during a death row
uprising. Now he is in a state prison hospital in Columbus,

(source: Associated Press)
o>

Saturday November 23, 1886 America Online: Gajba33

Page: 4

é

Nov. 9, 1998-—
OHIO:

A death row prisoner who wants to wave his appeals and be executed
may finally get his wish.

The U.S. Supreme Court on Monday refused to hear an appeal filed for
Wilford Lee Berry, allowing a new execution date to be set.

Berry is nicknamed "The Volunteer" because he says he would rather die
than spend the rest of his life in prison. He was headed to the

execution chamber at the Southern Ohio Correctional Facility in
Lucasville last March when the U.S. Supreme Court agreed to a delay.

Ohio has not executed anyone since 1963.

The court's refusal Monday lets stand a May decision by the U.S. 6th
Circuit Court of Appeals that said Berry is competent to decide
whether to drop his appeals and be executed, said Greg Meyers, a
lawyer in the state public defender’s office.

“{t clearly opens the door for the Ohio Supreme Court to reschedule
what may well be Wilford's final execution date,” Meyers said, |

However, there are 2 ways the execution could be stopped.

Meyers has asked a federal judge to review new evidence that Beny
suffered brain damage in a prison beating. And the public defenders
office has 25 days to ask the U.S. Supreme Court for reconsideration,
Meyers said that decision has not been made,

The appeal was filed by Beny's mother, Jennie Franklin, and his sister,
Elaine Quigley, who argue that Berry is mentally Ill and not competent
to decide his fate. The public defender's office represents the family.

"We're letting Wilford Berry choose his own punishment. {t's really
like court-assisted suicide,” Meyers said. — |

The state argues that Berry is competent and has a right to decide to
die. The attorney general's office has asked the Ohio Supreme Court to
set a ew execution date, spokesman Chris Davey said.

In August, the appeals court in Cincinnati found no reason to
reconsider its earlier ruling, but it later agreed to wait for the U.S.
Supreme Court decision.

Bery has been in a state prison hospital in Columbus since he was
beaten in September 1997 during a death row uprising at the Mansfield
Correctional Institution.

He was sentenced to die for shooting Cleveland baker Charles Mitroff
during a robbery in 1989.

Meyers wants the judge to review photos from the prison beating that he
believes backs up the contention Berry suffered brain damage and is not

"Saturday November 8, 1986 America Online: Galbe33

Page: 1

%
,

competent to drop his appeals.

U.S. District Judge Algenon Marbley, who agreed-in April to allow the
appeals court to rule before holding a competency hearing, now must
decide if he still has jurisdiction in the case, Meyers said.

(source: Akron Beacon Joumal)
>>

“ ' eameenieeneuenenemie’
Saturday November 9, 1996 America Online: Galba33 Page: 2


11-24-98~

OHIO:

Deciding the fate of a death-row inmate who claims he wants to die
could be one of Bob Taft's 1st and hardest decisions as governor.

The Ohio Supreme Court on Monday set Feb. 19 as the new execution
date for Wilford Lee Berry, who has been nicknamed "the Volunteer"
because he has said he wants to die rather than spend his life in
prison.

More legal maneuvering again could delay the execution of Berry for
the murder of a Cleveland baker during a 1989 robbery. Ohio hasn't
executed anyone since 1963.

Taft, a death-penalty supporter who will be swom in as governor on
Jan. 11, will haye the final say because he can either stop Berry's
execution or allow it to proceed. A spokesman for Taft's transition
team said the new govemor will decide whether to grant clemency on a
case-by-case basis.

"Govemor Taft is going to conduct a thoughtful review of the facts in
this case and...make a decision based on the individual circumstances,”
spokesman Brett Buerck said Monday.

“He realizes this is one of the most serious issues he will deal with
in this administration.”

Berry on March 3 was on his way to the execution chamber at the Southem
Ohio Correctional Facility in Lucasville when the U.S. Supreme Court
ordered that the execution be stopped.

But on Nov. 9, the court refused to hear an appeal by members of Berry's
family, allowing the new date to be sat.

Ohio Attorney General Betty Montgomery has pushed for an end to Berry’s
appeals. A spokesman said the next move would be up to the Ohio public
defender's office, which has filed appeals on behalf of Berry's family.

"The...options available to the public defender are shrinking,"
spokesman Todd Boyer said.

Greg Meyers, chief of the agency's death-penalty section, said he has
to meet with other lawyers to decide how to proceed.

His office has asked a federal judge to review new evidence that Berry
suffered brain damage in a prison beating. The office also hasnt
decided whether to ask the U.S. Supreme Court to reconsider its Nov. 9
ruling. ’

Beny, 36, was sentenced to die for shooting Cleveland baker Charles
Mitroff. He was imprisoned at the Mansfield Correctional Institution
until last year, when he was beaten during a death row uprising.
Beny now is in a state prison hospital in Columbus.

(source: Akron Beacon Joumal)

Sunday November 24,1996 America Online: Gatba33

Page: 4

Berry gets more time

Execution delayed; legal fight goes on

By Bob Dreitzler
Dispatch Staff Reporter

March 4, 1998

LUCASVILLE, Ohio -- Wilford Berry learned the U.S. Supreme Court temporarily had spared
his life when a state van bringing him to the death house here turned around on Rt. 23
yesterday and headed back to Columbus.

Berry, 35, was about 35 miles and less than two hours from his scheduled 9 p.m. execution by
lethal injection for the 1989 slaying of Cleveland baker Charles J. Mitroff Jr.

After a last meal of lasagna, garlic bread,
strawberry shortcake and coffee, Berry was being
moved from the Corrections Medical Facility
south of Columbus. He was just south of
Chillicothe en route to the death house at the
Southern Ohio Correctional Facility when the
Supreme Court issued its one-line reprieve just
after 7 p.m.

There is an Alternative’
"If he hasn't been told, he's being told now to the Death — .
because they'll be turning the van around," said | 2g
Joe Andrews, spokesman for the Ohio : ]
Department of Rehabilitation and Correction, Mike Munden / Dispatch
shortly after prison officials received word of the
Supreme Court action.

Pete Ryder of Dayton expresses his
opinion about capital punishment

outside the Southern Ohio Correctional
Lt. John Born of the State Highway Patrol said the Facility. Opponents and oronn ents a

van had been a little more than halfway through the death penalty will have to delay their

the journey. vigils since the U.S. Supreme Court gave

; condemned killer Wilford Berry a
The Supreme Court action allows for continued reprieve.

legal wrangling in federal appeals court over

Berry's fate, setting back his execution by at least three months. Berry has asked to be executed
and has given up his right to appeal, but his family and the state Public Defender's Office say
he is mentally incompetent and continue to appeal on his behalf.

"It just keeps the wounds open," said Dick Bowler, husband of Mitroff's sister, Eleanor, when
he heard of the delay. "My wife is torn up about it."

"T can understand why people don't want him to die, because anybody with a normal
conscience who sees a living human being doesn't want that person to die," Bowler, of
Independence, Ohio, said last night.

"But they forget about Chuck because he is dead and buried and in the ground and can't talk.
So we have to speak up for him."

Andrews said he took the telephone call announcing the execution was off at 7:12 p.m..in
prison warden Stephen J. Huffman's office.

Prison officials treated the announcement as "business as usual," Andrews said.

"We were anticipating it could go either way, so I don't think it was a surprise to anybody,"
Andrews said.

He did not know whether Berry would continue to stay at the Corrections Medical Center
during the next few months or would be returned to Death Row at the Mansfield Correctional
Institution.

Berry was removed from Mansfield after he was severely beaten by fellow inmates during a
riot Sept. 5.

Only a handful of death-penalty opponents and proponents demonstrated last night in front of
the prison before the execution was halted.

The first to arrive, shortly before 6 p.m., were Jana Schroeder and Pete Ryder of Dayton. Both
are members of the Ohioans To Stop Executions coalition.

Schroeder said she heads the Ohio Criminal Justice program for the American Friends Service
Committee.

She said she was relieved and happy that the execution was postponed but was concerned that
the stay is temporary.

Andrews said Cindy Yost of the Ohio Public Defender's Office was prepared to witness the
execution on behalf of Berry's family along with his mother, Jennifer Franklin, and sister
Elaine Quigley.

-Mitroff's family had decided not to attend but had designated three police detectives who
participated in the investigation to witness Berry's death on its behalf. |

Whatever Judge Marbley decides

| ~ today, his will not be the final word

THE CINCINNATI ENQUIRER

4 Fripaye FEBRUARY 27, 7998

on Mr. Berry’s competence. Both
sides have promised to appeal the
Columbus judge’s ruling, meaning
the legal wrangling will continue at
least until Tuesday night, when Mr.
- Berry is scheduled to be strapped to
| the lethal injection gurney in Mie s
"death house in Lucasville.*: 4% =
Twice. already, courts, i Ohio
~ have rejected arguments ‘that the
35-year-old, with a documented his-
tory. of schizophrenia, delusions and
_ suicide attempts, is incompetent.
‘But the Office of the Ohio a
_ Defender is attacking that finding on;
‘ tw@- fronts. They claim the Ohio '
Supteme Court used the wrong stan-'
dar in evaluating Mr. Berry. They

algo say Mr. Berry’s mental condition |

FIN OHIO)
‘Volunteer’.
execution.
opposed.

| BY KRISTEN DELGUZZI =
and SANDY THEIS
The Cincinnati Enquirer

“Wilford Lee Berry is on the cusp
of history.

But before the Cleveland killer
can go down in the books as the first
prisoner executed in a generation in
Ohio, the courts first must resolve an
issue that has lingered since the day
in-14995 when Mr. Berry decided to
waive years of appeals and proceed
to the death chamber.

Is he, as his now-fired attorneys
contend, too mentally ill to elect
death; or is he, as the state attorney
géneral argues, making a reasoned
choice to die rather than live on
déath row? :

U.S. District Court Judge Algenon
Marbley will — at least indirectly —
anger that question today, when he
decides whether to
grant a defense re-
quest to postpone
the execution to.
permit psychiatrists
to examine ’Mr. Ber-
ry’s mental health.
im» At. issue is Mr.
ati pe
: LED 0 forgo his appeals

W. Berry... To be legally com-

Patent he must comprehend the na-

ture and. Sonpequences, of, tis. deci-
Py sions ees oe
_ He also must Caderstana the pun-

fees ishment and the reasons behind it —.

pe in, other words, that he will be exe-
| “cuted because he killed his boss,

| - _ baker Charles Mitroff Jr during a -
"robbery in 1989.'If he is unable to
make the connection between his
| : crime and his punishment, he cannot
| j >» be executed.

PRI ARIE line es

siceonagdhshictacattionrn netlist sats dialigs wi ane

| | hagtworsened since he was beaten to »

' the brink of death by fellow death
row. inmates in September. ~~

‘His status has been evaluated’ in
thepast year, with a majority of the
ie saying. - was. pee

ut: % are 2
AA person “who, was on “the border
|a uple of months ago or. weeks ago:
| sap cross the line (to incompe-
| tefice) on the eve of the execution,”
said Richard Bonnie, a law professor
and director of the Institute of Law,
Psychiatry and Public acy at the
| University of, Virginia. vr: Se ie
The competence areument is
cofamon in cases where condemned
, pris soners volunteer for execution by
; waiving their appeals — five volun-
, teers across_the -country. have been
" executed this year — but it generally
‘is not effective, said Richard Dieter,
' executive director of the Death Pen-
alty Information Center. .

At least twice, though, inmates
have been judged incompetent after
| federal courts delayed executions on
| questions of competency, said Mr.
| Dieter, whose Washington-based
| group opposes capital punishment.
' One such case was in Florida, but the
' inmate now is premetiees and await-
| ing execution again, « Fi
Beyond the court Abatiles, Mr.

| Berry’ s case is reigniting debate over
| the wisdom, of executing the mentally

}

\The debate ay not ee ‘as

“retarded. Eleven of the 38 states that”

execution of the mentally retarded.
' But no state has specific guidelines

forbidding death. eee as the

i mentally ill. -

; “Mental retardafiod is easier th

quantify,” Mr. Dieter’ said. “Mental
' illness is an undefined term. .' Besoin

ion.””"* us

| tal illness can be mild depression
‘Still, prisoners’ rights groups, ‘Capi-
tal punishment opponents and mental
health experts are lobbying Ohio Gov.
, George. Voinovich to grant clemency.
l“We -<. believe it would be cruel,
E alma gad barbaric to carry out the

cause a suicidal man. refuses to appeal
his death sentence,” said Velma Beale,
| president of the Ohio Chapter of the
' National Alliance for the Mentally Ill.

much attention — or as much action |
— as the execution of the mentally

have capital ‘punishment prohibit the

death’ penalty in this case _simply- be-’


“ SATURDAY, FEBRUARY 28, 1998

Berry’s _

}
j

execution
stayed —

~ State fights judge's _
ruling on ‘Volunteer’

By Randy Ludiow. »iakseeeith

Post Ohio Bureau Aa ae tae ee eee ee

COLUMBUS — The state fought late Fri-
| day night to be allowed to proceed with the
; execution of Wilford Berry Jr., the first exe-..
__cution in Ohio in 35 years. sje Fat as
Attorney General Betty
| Montgomery filed an emer-
_ gency appeal with the 6th-|.
US. Circuit Court of Ap-
peals in Cincinnati, seeking f
to vacate a federal judge’s
| stay of execution issued just
: hours earlier.:*’ Rr

sas ra

| Berry, who shot to death
a Cleveland baker at +s

| point-blank...range,., was... Wilford .

' Scheduled to die by lethal in--. Berry =

"jection at 9 p.m., Tuesday, in the death. _ Si:
‘chamber of the Southern Ohio Correctional .

_ Facility. It would be Ohio’s first execution — oe
| since 1963... SH ROC ROMs BOOT RRS
| But US. District Judge Algenon Marbley
{ on Friday ruled the Ohio Supreme Court. «..

misapplied federal law in determining Berry ~

was mentally competent to drop his appeals..
Berry has said he wants to be executed, earn-
_ing him the nickname of “The Volunteer.”
| <The Columbus judge’s ruling marked a> ~
, victory for the Ohio public defender’s office, -
which had filed a “next friend” appeal on be-
half of Berry’s mother and sister that con-’ ..
tended he is mentally incompetent...
"However, Berry's desire to die for the 1989
ese = please see BERRY, 5A

We age

Berry:

From Page 1A “
murder. of his employer, Cleve-'
land baker Charles Mitroff Jr.,
still could be fulfilled on sched-..
ule if the appeals court grants —
the attorney general’s request

' for the emergency order to va- ©

sd
4

a ee CaaS Oe Re ae
|

i cater.

The three-judge federal ap-

' peals panel,could rule Monday. «

| The losing side could file anoth- »

| er appeal with the U.S. Supreme ~

| “There is very little, if any evi- -

' dence Wilford Berry is incapable :

' of making decisions for himself :

|... We don’t even think it’s a
close call,” said:Ohio Assistant
Attorney General Mark Weaver,
Ms. Montgomery’s spokesman."

“And, we think on review the ©

Sixth Circuit and U.S, Supreme \:_
Court will agree;”. Weaver added.*

‘Greg Meyers, chief of the" ""
Dhio public defender’s death
penalty section, criticized the
state’s quick appeal." *
| seye think no harm could pos:

' sibly come from a short delay to
review the case,” said Meyers, .
“but the harm would be irrevers-:
ible if Wilford Berry is execut-
ed.” SIL

. No inmate in Ohio has been.

’ executed since capital punish- » °
ment was reinstated in 1981.
Ohio’s last execution occurred in +

H 1963. wha ben} “ky glen ie teen ss bi

| “There are 175 men on death”
row, including 42 from Hamilton
County... sar Re

,  Marbley said the Ohio Su-

‘ preme Court, which found unan-

‘imously Berry was competent

despite his mental illness, failed
to properly follow U.S. Supreme

Court guidelines in determining “

whether to grant a condemned -
man’s death wish: Lis
wets igo apts 7. Slag Oa. > ee %, A ver
“The United ‘States Supreme’
Court has demonstrated that x
caution is required when mental

competency is at issue in a capi:

tal case,” Marbley said. 45%

».«, Weaver d
* preme Court, noting the U.S. Su-

_. The Ohio Supreme Court’s er-

Tors in applying the law led two”

court-appointed psychiatrists to
not properly examine Berry, he
ruled, The U.S. Constitution for-
bids the execution of insane pris-
oners. FN ints Nt TS. ae ‘
efended the Ohio Su-
preme Court has allowed state:
courts to reasonably vary from ._
its rulings on competency. 5

«= Marbley did not rule on Ber- |

ry’s competency — he will do so:
Jater if his decision is not re-..

“versed — but said there was *>
“enough meaningful evidence of:

incompetency” to justify further

federal court reviews. rp 4 00%
. Berry, 35, has a long criminal ‘

» yecord and has been hospitalized

for hallucinations and repeated —
suicide attempts. His scheduled
execution had renewed debate .
over the death penalty, with
many opponents claiming exe" |
cuting a mentally ill man repre- ©

“sents “state-assisted suicide.”

Gov. George Voinovich, who
was urged by a unanimous Ohio
Parole Board to reject clemency

“for Berry, still has not decided ~
whether to spare the inmate or

allow him to die through a heart-

_ stopping IV drip at Lucasville.

Berry, who shot Mitroff in the

head with a sawed-off rifle as he
__ crawled toward Berry for help,

‘was arrested in Kenton County,.

_ Ky., after being stopped for a

traffic violation. i =

..,, Nationwide, 59 “volunteers” ;
© ‘have been put to death after **..”

waiving appeals that could have
extended their stay on death row
for more than a decade. =.
Among 38 states with the®" =
death penalty, Ohio is one of
nine that have not yet staged an
execution since capital punish:
_ment was reinstated in the mid- .
1970s to early 19808."
*. Berry, who was severely beat-
en in a riot last year at Mans-S"" +


506 CIRCUIT COURTS OF OHIO.

Edward Blair v. The State of Ohio.

was asleep; that Shoemaker, came to him and shook him to
cee whether he was asleep or not, and that then they went a >=
~ short distance and got into a corner and held a conference to-
gether, and in the course of the conference they referred to the
fact that Blair was a penitentiary bird andthey could put this —

erime upon him.
Ques. by the Court.—Did you ask Stoops or Shoemaker any-
thing about that? (Mr. Long) A. No, sir. :
Thereupon the court sustained the objection, to which de-
fendant excepted.
It is claimed that this weng to the effect that Stoops and
Shoemaker had conspired together to put this crime upon
Blair. It appears to us that the objection was properly sus-
tained. The inquiry is as to what occurred at the time.
What occurred at the time taken in connection with what it
was stated by counsel that they expected to prove by this wit-.
ness, would include what acts were done and what was said by ~
Shoemaker and Stoops, or cither of them. Counsel for Blair
stated that it was proposed to prove that while this witness
was in the cell, one of them came to him and shook him to as--
certain if he was asleep, and that they then talked together.
That was an act, and aside from the conversation between
Stoops and Shoemaker is immaterial. There is no rule better
cettled than that the party who offers testimony, before he can”
claim anything against the action of the court in excluding it, —
must state what he expects to prove. What should have been
proved was, that if these parties were combining together to.
put this crime upon Blair, what was said by Shoemaker and:
what was said by Stoops, that is, what was their conycrsation,
providing it was otherwise admissible. It is claimed that in
the course of the conference, or in some portion of the conver
sation, they referred to the fact that Blair was a penitentiary,
bird and they could put this crime upon him. This state:
ment by counsel of what they expected to prove, does not go
on and state that they expected to prove what Stoops said or
what Shoemaker said. In addition, no conversation between

ae

CIRCUIT COURTS OF OHIO.

Edward Blair v. The State of Ohio.

the two was enquired for. Aside from that there is another
objection. The State is not tobe bound by any conversation
that was had between Stoops and Shoemaker. If the plaintiff
in error was desirous of ascertaining what that conversation
was, he could have inquired of Stoops or Shoemaker, or both.
They were both witnesses, sworn and examined in this case
prior to the calling of this witness Day. They were witnesses
for the State, and the plaintiff in error had ample opportunity
and should have asked them concerning the conversation
sought to be proved, and should have fixed the time and place,
and called their attention directly to the conversation, and
thus have laida foundation for impeachment, or Contradiction
if they denied it. Nothing of this kind was done.

It is claimed that the verdict “ guilty of murder in the first
degree,” is not sustained by the evidence.

1, Because the evidence on behalf of the state was almost
solely the testimony of accomplices.

2. Because the evidence tending to provean alibi, was suf-
ficient to create a reasonable doubt of the defendant’s guilt,
when taken in consideration with the other testimony in the
case. |

A very brief review of the facts will show how unwarranted
these claims are.

The record discloses that Arthur Henry, the murdered
man, was killed at Hartsburg, the place of his residence, on

-the night of March 17th, 1890. That for some time prior to

that Blair, who was an eseaped convict from the Ohio peni-
tentiary, was stopping with Shoemaker, some two miles from
Hartsburg, under the assumed name of J. H. Hill. Stoops
was at the same place. On the evening in question, the three,

Blair, Stoops and Shoemaker,, went to Hartsburg—evidently

to burglarize a store. The party arrived at Hartsburg about
eight o’clock. Arthur Henry was the express agent in the
village, and also engaged in the store with his father-in-law,
A. H. Marey. Blair discovered through the window that
Marey and Henry had the money taken in during the day


508 CIRCUIT COURTS OF OHIO.

Edward Blair z. The State of Ohio.

amounting to near $100. This he concluded to have. It
was in Henry’s possession.

Marcy and Henry lived together, and went to their resi-
dence after counting the money and closing up the store.
Upon the solicitation of Stoops, under the pretense of pur-
chasing some goods, Henry returned to the store, unlocked it,
and walked in, followed by Blair. After pdssing some dis-
tance through the store, Henry attempted to strike a light,
when Blair, drawing his revolver, demanded his money.
Henry attempting to resist the demand was shot and killed by
Blair. The three retreated to Shoemaker’s, where Blair at-
tempted to hide his revolver by putting it in the stove. On
the night of the 18th of March, Blair left the neighborhood.

That Blair and J. H. Hill is the same person is not in dis-
pute. In making his retreat from the store Blair lost his
hat. When found it was proved to be similar to the one that

-had been worn by J. H. Hill. Three men answering thede- .

scription of Blair, Shoemaker and Stoops were seen approach-

ing Hartsburg a short time before the murder, and the tracks:

of three persons were found in the field across which they re-
treated. If human testimony is to be believed, Blair was at
Shoemaker’s and in the vicinity-of Hartsburg on the 17th of
March, 1890. On the afternoon of that day Blair, known as
Hill, visited a young lady named Ewing, who resided with
her mother and step-father, named Pendergrast. The 17th
of March was St. Patrick’s day, and because it was St. Pat-
rick’s day, Blair furnished Pendegrast money to buy whisky

and beer. This fixes the date, for in the language of the wit-.
ness “no true Irishman ever forgets St. Patrick’s day.” Inv
addition to this Blair visited the same young lady the day ©

following, being the 18th, and upon the rough paper with

which the cabin was lined, left his farewell tokens of affection

dated March 18th, 1890, ee signed J. H. Hill. a
If the testimony of Stoops and Shoemaker was uncorrobor

ated, it would not be in the province of this court to disturb ©

the verdict—nor would it do so. The evidence of these ac

CIRCUIT COURTS OF OHIO. 509

Lydia Devere v. The State of Ohio.

complices, however, is very fully corroborated. Some of the
corroborating circumstanees I have mentioned.

The defendant sought to prove that on the 17th of March,
1890, he was at East Monroe, in Highland county. The wit-
nesses called to prove this were either close relatives, or of
unsavory reputation, or both. ‘Two of the witnesses were
criminals from the Ohio penitentiary, and one from the High-
land county jail. The bad reputation of all, or nearly all of
defendant’s witnesses was established by what appears at least
to be good reputable persons. No jury would have been war-
ranted in believing the testimony by which it was sought to
prove that Edward Blair was elsewhere than at Hartsburg on
the night of the 17th of March, 1890. .

We find no error in the record.

The judgment of the court below is attirmed.

Long & Long, attorneys for plaintiff in error.

John P. Bailey, prosecuting attorney, and A. V. Watts
for the state.

(Sixth Cireuit—Lueas Co., O., Circuit Court—September Term, 1890.)
BeroreE ScriBpNER, Haynes anp BentTLey, JJ.

LyprA DEVERE tv. THE SratE oF OHIO.

1. Objection to an indictment containing two counts, on the ground that
each count charges an offense different and distinct from that charged
in the other, is not available for a defendant when made fur the first
time by a motion in arrest of judgment.

2. On the trial upon an indictment for forgery, material evidence regard -
ing the defendant’s dealings with notes and documents relevant to _
the issue, and which are, at the time of the trial, presumably in the
possession of the defendant, and which she has had due previous no-
tice to produce at the trial, will not be excluded on the ground that the
notes and documents themselves have not been produced and offered in
evidence.

3. ‘The general rule that the evidence must be contined to the issue, and
that inquiry into facts entirely collateral and leading to a controversy
over matters altogether foreign to the case before the court cannot be
permitted, applied.


aS es
oe tes = * ee
iSPHE-W 14 TO DIE }} |
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as aig te
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oo ‘Deminia  Chemblin pa
fT: Benigno bie
q ~~
i \N
Porth - Aer Solan
ar the
Rarding

: \
F OURTEEN murderers await th:
ell to death tn’the electric chair
at th¢ Penitestiary. The first is con.
demned td die Feb, 24, and the tast
May 6.02 —--
Tweare, scheduled to “go” this
week.. bot’ Friday Morning. Two
other? are. doomed to die March },
and #0 -more sre comdemned --to
death March 3. That makes Six exe.
cuttors in-efgnr gars i Fi a:

HERE is a tesson fur Youth tn
— Cin pictdres above, ~ A Wesson
Also fuer Mirldie Age.—for att men.

* Crime. may seem aliuring from a

{X. C. Sty end WK. Pannér ak
Payroil robbers at Cevelani lire.
ol, 190.

EDWARD MOFFITT. 2% ag
Akron. will die Marci 24 for the
murder of his wife.

GEORGK BUSH, a8, negen of
Youngstown. will de Agri! 1. fur the
murder of Lucta Lee.

} “STEVE. MAVRBREY. ~-Memate,
23, of Youngstown, wot due AMPr.. 24,
for the murder of Steta Kern.

JAMES CONWELIL 72, negra ef
Columbus, will go to the chur Aprt!

‘2261 /2/¢

20 for Kiling Mrs. Georgia Watson
distance, But the reward of ¢rime . 2 : ‘ Aged 2.498. Cheese ava Kiet
fos ee cnt ane trwve Farry hn ide dwer olka A nda Paxton int... same er:me.
: = - ie Valter Vrid) James B manda ?: '

ine toes for ancrn a for igs : = 2 . fe. a “ —s . —— CHARLES MARKOVITCIT, 36. af:
i pange some for another, Many of | after Thursday midnight—for kitt- WALTER WRIGUT. 3s, of Steu-] Froid Detectives Lewis Schroeder Youngstown, will die April 7! fer
them killed for money, ing John W. Newman and Louise benville. will die on the sume night | @nd- Augustus Leng. —---—--~ --- compticity in the murder of stetta

Doyle.

as Bland for - Killing . Marry Cum.

SAMUEL PURPERA of Cleveland | Korn.

ARTHUR TWARDING, ss, negro, | Mins. Se:: ‘Ss perhaps the most interesting tn. Pi ateatcriged ring ane Se am |
of Tuledo, will be electricuted on the} LEROY TYLER CS: negro, of |. ; ‘ teveland will die ¢ i270 for par. |
: cae Teh ee : ot mat t zx ue_ to h PS —— " ~ :
~ enttecs— of —murda Timurdce oe pan nin —foe-the-t Seanestow—wiF osetia ope re nae ane mo Purpese or |
i Sev ‘ murder ul Puticemijoebeam i. oloresd girl, ceMe SOUts . “Tf tthe Sly-Fanner murders.
F pellet of these condemned men he ome “ er eS et Janis Years old tntil Feb. 27, and he waa! yours VAIDEN, 26. negra, ef Ca
. : ¢ : —— JOUN BURKE, Vadis Metcuire,
2}. ROY__CHAMBLIN, aged 27, of

. : noc 16 when the murder for which tumbus, will wie May 3 fer the mur:

HARRY LLAND, zs. uf Ponicrof, j 23, vf Toledo, will ga%to the chair [he wili die wus ‘committed, He is
Will die Meareh ot for the murder @2fon the same night with Tyler for sentenced to meet death on March
George Washington HKeegle. participating in the murder of Ratt. 10 for complicity in the murder of

Ti ty YN : 7 '

ee,

Poetemouth, will £9 to the chair

Ger of Charles D. Raker, a ¢tum.
Friday morning—juat a few minutcr

bie insurince coliectar, Pec it. f-
2923.


any

verted tn 1934 “at: Ruty

,

o] a ht eT ras
Renuary: ang iy~:

M1 folng to ‘take me'ho

2 ve?
ow
me.* 7

_ SHAKES PREACHER'S HAND.
Ho enw Rev. @ Cc McKibben of

Columbus among the apecta
Phook huads with him.
hat-ta

tors and

C Wr ht He ry Bland”: -"Te my attarney-*-hereT:
preted. : ary
red ’

TR rry.Bland of Pomeroy-and Wate fo -S.-E- O'Grady of —Weitsvitte - step
Lage TMAH of Wellavitle were’ eles Th Rime es WERE shook hands
cys Shed: in the Ohio. Penitentiary *

EM8y -Weanasuay, |

*

: 7 i Rland Wed free. Four ®pplica-} ment to O'Grady,

“and teil her jus: ;
ox slectilclty req atehig y= how} feel, a,

° f frlotes to administer, ‘Were necen an co thet; | Walter,7 said
REPL Wright was declared dead | O'Grady, "
: Se ee L KX. Duty
ered the death cham. | 0¢ Wellsvitie, whom he-had~ asked
" Bland seem ad to +0, he Present, and anid: . - ‘
. at of—the-—entire—ay-|

Tm giad you camo Over to see mo!

es : ate ale . ir ok ae 4 eel 5 --
FSi Ware to Dhace him in the chalr, Rus] - Wright wan then strapped In the
sis there anyone

cS we: dg
“Oe

nds =F =the leave the Inetitution Leos use ar

‘- IFF__ -reguiations, She }

eae TE Te “It's an over,” -
: i few hours

Her Epa

ry nen I was In fais t

‘ 7) Tene you » to ten |

tee may net mords de - were thas}. OT
ets eet — ean .

aD te eee Pt oe d Ven or

the

aes pi ‘ y Urn Ina Ste B
“atid turned ‘hing - We FADS e owner, ald seadiriratind
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e F d pasa e ol ASCO pee
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zr estonrieted mag |" te daivaie
BIO IE te ae ee tn aed a

paged ee Ge. {| HO may eltness =nn “electrieution,
eo pare cel dt sarden Thomng’ of the Qhio Pen |
”“ . .° lillie Py h

UaesJa nip r
wekvacate Co et of Mrs. J. OF Date
 gctaph som revetled that hits ge be preseeaass sowie aercatgnt
at geome oe ee, hate ree pearly: Wednesday af’ Waller Writes
Ego heh peat ee ~ 4. fand Marry “1, Bland. t-" > ;
‘ Attra the with’ tbe same Teault. Tha emmeritine one
, 4 COMME tria) wes eticcguet il Ave doc: | aay; that she
dees imaklAg “an ans mination ‘ang | joking ine
wroesabeing Biand dead. cle! ig ;
“Spe sich an

— =

ees

Colum SUS, Un


‘ban rd Adolph ( Ohi was. ‘bora ih thee
Kingdom | of Bava

Ret {9 this. country by his parents

ba to/lntant, passing his first ‘annie.
wyon the ocean, | and: landing ‘in
ft York a few days afterward. - Hig:

ab djed“in “New; York ‘City in the
MING, bat the family continued to.
tls there until 1874, the mother in.
; ® Béantims’ having married Mfr.
PiiThomas, a machinist of Brook-:
: R Charles Ermest> Qhr, an. elder’
; tof Gustave, still resides in that

; | baad iishipping: clerk ‘for: a whole-
' wedle Arm, ° | 4

PE Whool..in the old’ Academy: of
¥ my Also took lessohs on the violin
& Professor John! Lang, Gustave
at boy of good disposition, quick
Te ‘eat att Me hed and

ai]

Bas ey every bit a3” good
ands of 58 who have
9) int ns pseful -manboods | All
ities of 4 new country ‘and.

Paths
mints 8 Were.at Lis feet, the roads
teva hin, but he mi
m8 all and finally: evitered : upon
ns ‘pathway, that, led himto ao:
& be Precipice... |
ew? York ‘ Ohr ‘altpaded | ‘night
wand, 'thete learned the) cigar’
Ee eae which ha: worked, for
Te s In the métrepolig, he did
from thousand, of others. of
boys, who- work duy-times |
me: ‘education

Ot else visit low. places ¢
rat New, York _js-full (of }4
weit variety, and ‘sensational.
Ma the young man Was |

: i ngudane, and it is probabl
Meth. _ Were’ sown seeds, whic
hewhere, and tinally, in:

¥ TN

Soke Time of His Youth ©
Atgg tte fruit: eo

hes

Where they, ‘refnsined
he. at herdi ng echool

ne

thi
He gt ma, . From: Connecticut
me Mie} higan, bat’ only re-

v8 Ashort time, they. went
AYE soon! after wan to}
BYE Cinse of: these frequent
“|

FS the? ‘porn health ot the

a in fancy gern :

‘Theodord Ohr, Bn. engraver by, |

Ville in New York Gustave: attend- |.

} awakened a désire to
: | éyen in the paths iy ch his ideals have

f ri parents in Chic

Feely
ates 1] years he ‘movéd with
ea a ‘and se ttled

at ee ee eee te py ee ~* paces wore

and pleasure, a death, tbat bi les be-

sneath the ebyering of grea a Pell
‘that lives in the: ive of he pvent
‘scourge and ‘curse of the.

Hain
Obr- was. sensational literata ;
counts of crimes and lventures ressed
d painted in bril-

f “yellow colorei variety, —

heroes ‘who en pa

wickedness as brigands,

rates, desperadoes, | robbers ‘agsas-
ins, and who‘ are! “pictured _ great
characters atid as happy mo whom |
tok w isto envy. |. hese heroes have
itigrobable and, almost imposs|ble ad-
tures, perform! |. wonderful’ -féats,
eee pes, are beloved

by fair. maidens, grow rich, enjoy. lust
and luxury, and never. meet with a re-
-Veage which, they dp not turn ta ‘advan-
tage in a- giorious’ anner, ara never
overtaken’ by. justice. from, whose
ate they do not nally Teap, and _
4 tf i. oad Ee Never—Die.. 4 : [ pole
These. creatures. f'. the; {magina-
i ot | some apelin, | whose

—

t 6 | real. The. iopty

nstantly pereses 6)
ahorbid over his hum
quiet, and obscurity}:

ible ‘boys. who
life! of toil
Se achue aptoridas

haye, ‘trodden. .He |broods over his

beget and his bal ilities, | ks he
his opportunity, esitates, Tesol ves,

the iptaats,’ and if

{br tng- hj back the, chances are th ‘that

ere ma Y. months. his

bligh

| his own words, tt.
v nturg instllled
sh of: ‘pensa-
him to leave
and to igo: “Upon:
aa) ramp.” * To tram he was we ee
patted, to leave. Chicag was a
is of option’ wit of He ba had.

‘Olin, ' According
is | ‘the longing for
into dun by the. per
et jgnal literature. ‘that

“{rkends and relatives. ith’) hehaa p
hu 1ome-and from wh . he: could: have
slag ted ‘assistance had

fot it, Buthe- | |
ne # Wanted to
robber, ' or at
he knew tut éxactly| wl
F ett Uhicazo | in, the su amér ‘of ig78in-
F nding to tramp,to New York City.

Thias wes, the swful | risa in his life
r! storm |

ut their ‘object fn" Ynd’ 19°

bik

s-* +}

7s har tl Bad oat have | OF

eo ie4 : ? a §
, fs 4 Bg 3° t if. 2
‘ t aed eI } Sah 39x
oes ae é 4 SM lesj ee BPS Te
ee 2: ° ee ‘ TiLH 15 i
z . as Ee, peo “4 bt ol
HF 7 Xs ae ows +r AYO,
224 gsie #
tts ae ’
5 J f ‘ i 3 H i ‘
3 ” if fos 3

be’ stood! in:

Caen

r two ride

tien nary reader as- |
sume the habiliment of the ludictous, | |
but to boys such as w 7 oung

years * ago they walk in thé. Ainery,

ich. trash becomes
d “fn him 45

d hands do not z “ |
ie ihe Be ite ars
/Such- was the ‘exper: ence of Gustave

murs 3 kl abet
as a of
> * ’

very, much to go home, but being out of
money and in tagged clothing he was

| ashamed, though he often lingered near con

| his ‘parents’ dwelling. for a shor time,
undecided what to. do. ;. But hi pridé
kept hin from maki g himself known
to his relatives, a Q ally, meeting 4
young man who. inter going East,
he started with hite [Up the Pittsburg,
‘Fort Wayne and. ey ‘Railroad, |
stealing rides and tram ping, until they
arrived at Fort Wayne, ;Ind: | ‘Thus,
after.a most remark Ie: dare} - fora
bay but 16- years. of! age, ‘young Obr at
| Fort Wayne met the): influence’ which
Was destined to lead imti hy.
To His fats.

Fields d 96%
So far as is, known,. ither ‘by his con-
fessfon_ or the history: of others, Ohr
had been guilty of n rime before his
appearance at Fort Wayne, and | pong
a tramp, and. inevitably hardda ped by
his experience, was n me any tneans a
vicious and murderous Abenais i.
Short ¢ Sketch of the ‘Life of

Geotg

also gome doubt’ as! £0" his age; during
| his” incarceration in the, ‘Stark County
Jail he claimed to be:'17, but Neg? téati-
fies that before - the’  parder Mann |
,claitied to be 19. Be this ax it may, he}
was @ young man at thé time of his’ ar
rest: Mann’s fathet and. mo
tled at Hudson, on the _bedutifal river,
by that: riame, and ‘began. to |p rispers

Mani * father: Was; 2° borate der by
ort his earnings and avingd suf
po he Ee pte nn home in that
When: George was: ‘about three
sept ; Pity pr
i be “taotner bat : Sl:
anal hero, was ‘the  begi

les, < To be pate ofa aire
care and triihing—thoso: tender
of powectal Anences jwbick do |

Jon a farm near Stanw

fred with his step-mother, in an ie -
| Left - his: father’s house, resolved t to
| tramp it back to New York City. Here.
‘| was the. fatal step in George Mann’s
Doe life tA reasonably good boy, without
a bad habits or associations, he fell into al.

sto ome
thorities, and according Goa
wad bora pnd sorortins ¥( There’ is

that, the ‘distance were not so great,
that I might see George. and havea
versation with you about him. Iis
grandmother talks of taking) the trip
thie Tast-of this month. < It wi

poor boy , to see hpr, Fina
Andrews, a lawyer-of this city, has
drawn up a petition. It has been si cn
‘by the. most prominent men of Hu
—among them man professional Thpn.-

secured all the names, it is to be senfto
| the daughters of Mr. Andrews, -who
are now Visiting in Columbus.,~ They
will present, it vo the Governor in per-
on, If there are an further develop-
ments in the case, I should be h happ |
hear from you. Thanking 4:
for your prompt and kind rep i t am, .
"Yours sincerely, | |||
gud MARY PARTON.
/ About three years ago Mann's father, |)
‘tired of the life of a mechanic in‘a city,
écided to remove to the Far West and
me a farmer. © George, -who had
‘gone to school some, and worked in a
tailor’s shop a while in Hudson, went
with his father and mother. Being the
youngest boy he was thought too young
to~leave them. One of his brothers
Went along also, another: remained in
‘Hudson; where he is a fisherman, and

| the third is a barber in New York City.

The Mann family, thus reduced, settled
, Leavenworth
| county, Kan. - Here were all the advan
tages of alifein anew country open to
young Mann, advantages which have
been and are being s0 well improved by

"| thousands,, but he was ‘discontented |:

with his humble lot, dnd, after i a quar-

u I-Starred Moment.

‘trap set for him hylfate and was lost.’ |
if life and death have ‘their morals |,

., their. warnings, . which - argto0 |

‘oh ious to require mention. meatal
“About five weeks after leat eca-

| tur, LL, George struck up an. acquaint- }

ance ‘with _, an. old. man, evidently. al
tramp like himself, and the ill-assorted
pair. journeyed eastward together. ‘The
old. man had‘a ‘little money, and - the
agreement. ‘between, the - two wus that
thé young@r was to, help the older in
‘atesliog free rides” on Ireight,, trains,
ete., and in return was to receive fayors
in the way of food and money. | Arriv-
ing at Ft Wayne, Ind, ‘the other actor
in the dread tragedy—Gustave Obr,—
‘appears upon the-scene, and. the great
crime is here born by” circumstances;
fate and wickedness, te attain matarity,
B. Low. days later in Stark county.

- The condemnet. boys entertained the
oud of curious ones on Fith etrest tort
night witha pumbéer of songs. W yether
their light-hearledesa. Was gsn ed or.

West ess i 13;
Seco
orem Crates i -
7 - 4 j > folk

ili do. ‘this

It 18 not yetconipleted. When we have

“ ‘whilst a frel; bt

srted-

‘pot wes a anestien: debate among t the. :

the first train would be going east, and.
was informed that.a freight train would
be due at 2 o'clock in the morning; that
ethey then concluded to stay, and wait for,

t train, and came on the porch and
“gtayed with the o rator until 20’ ‘clock,
“when the train arrived; that whilst all
‘were present the old gentleman related

the operator that he resided in the east, | -
that he was" re spinner, by occu pas

tion, and had left
search of em] oy nent, but ha ing found
hone, he was on his way home east; { that.
here one of: th e other two, either the pris-
| oner or Mann, site there was 8 factory’ Rt
Chicago, and if he vhed .been there, he
could have found vm ployment. One’ of
them sald, either, Gx or Mann, that he
‘lived at Chitago. ‘One, that “at the time:
they, called Obr; bat, ‘resuming; the old
‘man said he met. the. boys at Fe Wayne,
and they jb bad. agreed together, that the

boys would go wi ih him! on his journée: aa)

Bee him/through fely, and help bini to
get on off troins, he agreeing to buy their
provisions, | Further that he had walked
from Chicago to to Ft Wayne, where he met
the boys, That ix thig conversation they
said they had: been ‘put off the express”
truln that night at Lotisville, Further,
that the old} man iad « bundle with: ‘him,
and when the train arrived, about 2
o’clovk in the night, one of these ‘boys.
ald to: him: Pap,’ let me carry your,
bundle for you;”. ‘that then the three went |
‘on the train between cars, and the train.
started east, | That about 6 o'clock the |
next morning the three were seen about
the railroad w ng tank near. Alliance,
in ‘engine' was taking @
‘supply. of Mann. having, an iron,
‘railroad co ppltng pin. concealed under
his coat, which, as he stooped to pass uns
der a water pipe, where he and the priss
_oner were then together was seen to fall:
to the ground tr r his coat; thia
“out vf the presence Jot h eold man, ‘That
next. the ithr “ ‘were seen about; “6
o'clock in he morning at @ grocery storé.
kept by a ck pane a short distance
from the ring tank, whére. the old
‘man: vouplel& and. ‘paid.. for a' pound of
“cracker#,. which ‘were put up for him ing
“paper. bag,: That one of the boys, ‘elsher
the prisons or Mann, ‘gald tohim: "Pap,
won't you. uy ‘ds some cheese, too?
that the old man then bought and paid
fora pound. of cheese, which was wraps
ped upin beper Be him. ‘That the three
then left , and were seen by neve
eral ' persons w king in the direction, of
Webb’a- pal and sugar-camp, & abort
distance from Alliaties; the old man
‘Tying his red bundle, and either thé ‘:
fendant or. Menon carrying the ‘paper bun-
die. | That on of the! way they were
observed by @ witness whom they parsed,
to walk the sidewa!k, the old man

ae thirty or forty. foot ahead of the other two
ST, .

end these two: ‘walking closely

end conversing | tugether. in alow one of

voloo or whisper, * The’ no: abot 2

o’elook in. ) iorning, the r
wall

omé and gor 6 wéestin |

And

siso &B memorandum book,a kulle,.a Pale
of scissors, a pair of nippers, all belo
ing. to the deceased, Were found, apne
their persons; the officers being | inablo-
;‘|. to testify distinctly} on, the pezacn” of,
which of them the were, found, H That. fs,
| shortly after the oe in the forenoon, :

Frond

ey

a eg
Pe 8
%

| parties visiting and) seaching the | grove |
(Web je grove), d iso vered in the grove,”
| near, al te ‘Bugar-camip, a. posed
; about; iweit feet ‘long and , twelve. to

14 inches wide, one end resting ous little-
: knoll, the other on level ground; dnd

about four’ feet from’ ite upper end, ony
one side, a. spot of) blood and traces of a
streamlet’ of blood, -where blood. ha
‘flown’ and trickled down on the groucd”.
below, whére it: had forme a clotias thick’!
‘asa thumb, on elther| side and on ‘the |
ground around; about two foot from the :
“blood and clot of blood was foudd the,’
h vy iron railroad coupling pin, which:
Mahn was, seen to’ have concealed. on bis ©.

are ed

ote 7% e
Por vonar
~

re owt

“
ce Sr fe ole

ase a
<

Fe
®
re
=
ey
Bi
8

a.
‘eo

rs

:&.
°

3B,
ons
-P

3

Be:
a+

ae

o

end. “That close to the ‘upper oe of.
the board entioned, and running croass
wi , there..\ Fr

\cheese, untouched, and.
“ttl” donvecl hae paper wrapping, That -
‘shortly afterwards, son thé same fafiodod. | |
Aloxe to a tree, from three fo four feet * |
from the bloody’ Voard,a shoe buckle was A |
foand, which on ‘examipatfon afterwards. |
made, was discoyered: to be an act. { ont
counterpart fab ckle on one. -the. ~
shoes, that: aon then wore;: and at was |
‘fou nd *hat o | his other shoe the- buckle:
wai ‘Valasing, + with | ‘traces | on: ‘the:
shoe that the tbuckle hed bebn Te- |
cently worn 0 ‘on it, ‘and that the leathér. of :
the shoe where it had been fastened had’
| been freshly torn, “That about the'eame oe we
time; on! | furiher tearch in tha! grove, : fee
there was a o fouls in the brush a palr -

of pants ‘pete ging 4 the prisoner ‘Obr, .' i bs
end! ‘word by him'when first’ sean: thas
morning; rman the next day,''w

Our and Man were still soativedlin
lockup at/A Hance, and when ‘Obr was
requested by|the officer, in ‘Maun’s press’
ence; to take off the clothing beloaylog
to thé dose ‘that, he wore on ‘bis pers: rel
son, and top 1¢ 00 hisown, he proceeded: °:

-to do #0, and put on his own. : pants, bat‘ «.
when | he ‘care to the veut he “eald ‘Mang’
bad his own, oD, apd that the vest found’
with the brage wateb case in, the ‘pocket.
‘was ‘Man's ‘vest, and’ said thet Mena” be:
pat’ ight, | ' Ohrs: on,” : aad
Ji’ was ‘better: ‘than
eft his He where ie wi
ze ain admit

4 oe

a esd
bis oni,” ;

These! are aiong | ‘thé inore uate

Jin

erred metanesa which thd Stats. cca
rel een hes ; and Sie toes 3 ; ta
intof ‘clrotimstanded


othe ators SD

ay enter
a reo
a sit

jaa Sh'the vicinity; and many of
Gens ‘agsém bled’. at the spot. |.
ard gmith’ ‘wag the firston the |
end SA the poor boy fallin the
ee bE
os _ Almost Instantly, ed
j utter a word.’ - The coroner

“yet one

ae put before he. arrived.
ggers bad arrested John~ Sam t
be verb murder: and. ‘cong
Revécity prigom. | tt
CL careful. ‘examination ‘ot wit-
he Coroner , returned a verdict
om ny as’ follows:’ “That, the |
1 Christopher Spuhler, came to |;
ma from the effects of a ‘wound |'
a bullet, shot: from’ a pist

a stag hearing, t ‘before ‘the Mayor |.
pei ptill stronger circumstan- |
} idence. “Was. ‘produced and the }:
ai; remanded 10 jail, without
ing his incarceration, ‘Sam
7 aA tah for burglary and dartéeny
ees Curing tid October ey and |’
~veomanding the absénce of

the Murdered Witness;

oe

4
die -otber, ‘evidence - was. brought
ggteien tly: strong to -prove ‘his |:
find the jury returned a verdict in
pegisote With the evidencé; the
afte Meyer. sentencéd “bim
peter fot Hive years.” t.
Be! aS ae

THE TRIAL, |

fr.

fesassiD Convicted ent Sentenced
ta be Hangetl’ * at uh
uy he January tena. 1880; vot court, |
home was brought. back from the”
ye etary, vand thé grand- jaty,,
is at i st composed 6f the following
; William _ Dannemiller,” fore- |
a} 4 Yicholas Draine; Andrew. Ham-:
Thomas Crowl, “Alexandér, Mi;
fix hn Coy, Franklin Speiget, |
mel. Meizer, Noah Seaman,Josephy |
f Calvin Reed, Willian} ‘Coffee 4
ighits / Miller. and Isaac. * ‘Kanagas
{atrue bill against him’ for'n mur-
Bike first degree _
iayebraany 1 13th the case was ‘calle, 4
wher exhausting a p&nnel of. thirty-
es ' 4 full petit jary was teached!
+33 2d, and the trial ‘commehced.
aetna deere rhe.

—*

8
ity Beyder. Peter Nurhai, James |

TY ROOT AS to ect oT

“of the’ ede boy“und |. ‘6
6 distinctly bear rd by “the 5

+3

ymedne sach ‘ veaséaatle’ doubt. as might,

Monrs Hall, Jani 65 mie Frank Bair, ]

: pains 80, ana tbetitelly the, duty of the court |

lof criminal law,’ which'are to serve as

your guide in: tone deli berstipoatp deter”

| mine the issue go

fraught wi
| eeplsbieh tok fetitoiag ‘aidaly! the the
} guilt or innocence of,

the appalling cre of whlch be sande
| eodeabent: Satbac ta
-taind,. that : the ssccuaed , by
| the faw ‘to be Tondeent, Cadi he ¢ gait
is eatablished by the proof, It is incum.

_ bent on the Btate, before ff can dak hfs con-

‘vot Jolin Samimet.”” At tia” i viction, to prove. bis. guilt, Wotil- his

guilt be sb established the proof,'the
‘ socused is not ‘called | upon to proye hig
‘immboered, of thal fs presnnted, as I Lave
stated, until he is -proyenguilty.... -
Next, the guilt: of the apcuséd:mnat be
proven beyond the existence ofa reason
able doubt before the Jery’ can find hint

of, the accused be eatablictied by that dex
gree, “of certain y. “which | we: call. ‘moral
| ceftataty. and: fq expressed, by tha legal:
axiom at ‘the galt ine the. acoused moust.
be proven, beyond, the existenop of B rea-"
‘sonable donbt,. It. does" not mean proof’
: beyond all or alt ‘manner of Aonbt, hot all.
‘reasonable: doubt: on}
jenbaiet doubt which, -paalance, inight,
‘ unrdason ab ‘clang tA; ta avoid: the.
discharge “ot. HY. noplesaast,. Mies It,

‘peihaps “rensip in’ ihe honest, enquiring.
“nhind ofa: Saror after ‘faithfally’ and ¢ eons”
‘aclentiously’ considering and weighing all
the factd and ‘ciredinstandas’ | se |

ar |

and established ‘by the proof,
| In this gonnect{on,'T may fart

‘aple dopbt, and. what, evidenod {s require |
‘ed to establish subh' ‘prof, that't it. can be!
| proven By. circumstantial § evidence! ag well,
iavy DY’ dinsct evidence?’ -Oriines, espe,
‘elally-thosé of a heinous character, such”
as-murder, being mele com mijied in in:

i ee se S|

‘Ae

ppbeses, direct ericenee idgno rove guilt isnot :
often witainablerat a'were {t rot that cine
panda (arf :

Lost borat
mbabeays scgalite Be VERY of ‘Justice,

tt} ara lare

Ito call your sttention to thove prisetples | th

guilty.” Of (course, - every. ingredient

or elémeri 4 Yet ‘the ‘orime ~ ii)

‘ mitust~/ be - prove hee

degree of certainty proo  shosld
ee tinal dit * the ead ee fe criminal

pein berm tgs or 1 hemmatical

c eay ty 988 Dever mena hence can-'
f- note “ean ir nist! reqaii All tha the }

tate cay and d ‘does req ied Weegee tai

rf It’. ‘ceeds not a. 4 i

r Ob- 7
serve as to proof of. guilt ‘beyond reason-:

ba eelaoik Ses ot yi,

hs) Marder. In the. ‘first Segr00, J have
oma” Js (he killing of another, purposely
of deliberate: and premeditated noe
ér in the’ second degre’
be eps to be the, killing’ of enether,
, screen: and maliciously. As inj mur,
er tne/dest the first degree, 80 in m ler o1
second degreé, thé Billing’ ‘must be
purposed and’ malicious, but ‘isnot res
| quired to be, of deliberate or premedite,
ted MInalice, aa in murder of. the. first, de-
gree, Manslaughter is the unlawfal kill
ing of another If the killing be unldwe
fal it amounts to manslaughter, whether
or not it be purposed, or) whether or not
At be malicious; except that if the ‘Aitling

be both purposéd and malicious, then, as
| Ihave already gtated;.it is murder in the

second degreé, and not manslayghter,, If
the k ng be unlawfol and ‘purposed,
but not malicidus, it is mansfadghfer, and

if it be. oe and malicious, but not
pu
I will ‘how call your ‘attention: ‘i the
considération of the élements of the crime
of murder ia the Grat degree, as charged
‘In the indictment in this causé, . In order
to sustain the charge as Bet: out in.thé in-
dictment, and 'to warrant & ‘con vVict{on for
murdéf: in the first degree, the proof
must establish beyond, reasonable doubt,
eed the accased shot and killed the de-
| Christopher - -Spubler; that he 0
killed Tea ise purposely; and that peso kill-
ed him of deliberate and emedituted
hHalices | ec je

at 4

258-3

_ Passing by for the Present. the ‘obec
yation$, I desire to submit respecting tHe
act of killing and the proof required to es-

'to the pel doratn of ‘the other elements | 8
of. murder in the first degree, . purposed

ted malive. Pet |
‘<

| First, the proof must’ show, {hat the
acoused: purposely . killed. the decezased
ee that is, that he intend to -kill
him a the time he caused his eath: “AS
to. ‘how purpose or fntantls
be, and ordinarily is pro ved, I,may say.
in the language of an ‘eminent Judge o!
our old Supreme durt, (Wright's Rep.
392,) ‘The pur
general, is proved By the circumstances,
by. what, the party does, the manner of in-
flicting the wounds, the instrument used,
and its “tendenéy fo deatroy life, if palpa~
bly calculated to. take lifes? dec. 0.121)

, From, .spcb,,,and, ike elroumetances,..a
.| Jory: ay. well presume and fing, that the
party’ did purpose or intend to take life.

| it is manslaughter, in the same manner |

pher Spuhler? |

' killing, and of deliberate and premedita:

to kill ‘may,

se or intent! to. kill,-in’
‘| and [have already said, that the pur;

‘to Xill, and that ‘the killing. was done of

This it may‘do:. on thé natural and rea-
|; sonable’ ground thét pyery, acoountabls.

Anduce ie desocade “athed not |t6 tks
against ‘Dink, tn‘ thabicasd,: pr-te tes i
falncly in his, Sammet's; favot, anda
bis refusing to dq-so, and stating that by

monld: sppear on Ahe, trial of th

and testify to what ‘be knew: in 1 e4
the prisoner, uttered threata against him
and. ‘formed { the :
on sev asions in the presence. of
witnesses declared with oaths snd img |

precations, that: ‘he would ‘fll the: ml

peased..- That © ‘he’ ‘purchased. a revoly
and ‘procured cartridges: to carry out h

‘déathly, design; and that on the evént
before the: expected triat he enticed “the |;

deceased to accompany him tothe pleae |,
where’ the unfortunate: youth was 4ben
sbot and killed:. If thesefacta. be clearly | ¢

‘proven, asthe State claims they are, by

the eyidence before you, they might well

authorize the jory to. find that the k

ing, if, proyed to have been done. a
i

‘prisoner, was’ purposed by him, and

his “\eliberate .and premeditated ma
The prigoner, however, denies that the
facts mentioned are {rue,or that they areal
all established: by the proof,:. It is for’
jury to determine what “the proof. isin
this, asin all other respects, and‘ fo!

their conclusions from the facts whichthey.
tind to be established by the’ proof.

Finally, there remains to. bé onsidi r
ed, the great and important question re ‘|
sented by the, issue, Did the accused in
fact shoot and kill the deceased, Chris alt

The. evidence offered by the Btate,

prove that it was in fact the prisoner that,

shot and: killed the deceased, is olre my
stantial, yoluminousand most im portan

After the searching discussion, of couse

of both sides, ] deem it unnecessa
récapitulate the facts claimed to be prov+.
ed either on the one tide or on the other
You will not fail to consider, | sift” an
weigh all thé evidence in the case, An ory

‘der to arrived at correct conclusion er”
epecting this issue. dg
sablish the same, I will provéed, at once |

You are the ju

of pil matters''and quéstions of fact pres:
On the partiof the | |
Coart, and as amatter of law,-I can ‘only.

ted iby the issue.

say, that a'series of facts, ky chain of. cir
cumstances, such as may have 4na tera
tendency to prove the guilt of the pr

er, and to point him out as the party } bb
did the dreadful act of shooting and kil :
ing the deceased; “such a concatenation

‘of . facta, or chain of circumstances, f
\ fairly and gatiafactgrily established by the
proof, may well suffice to prove, “beyond
that it was thd ad-"

@ reasonable. doubt, '
cusbd- that did the shooting aod killin

detiberaté and premeditated malice,

in‘like, manner be proved by circumeta +

tial evidence. o. ¥ rts
You will darefaniy’ cotisider

‘and wel

-all the testimony - before _you,: and faiths

fully and impartially détermine the iss uw

‘esthe ‘proof and the law ‘will make

your duty to ‘attermine’ 4t. You will do
this faeelecele and withont hesitation.

A tin, delivered the 1

‘a cle pEN: igh
sive macnef,. mace fe ;
following‘ sehtence: chee
“John San
A tithe more.

ne my duty,

an ‘tw Thonths sin
‘as Juc ge of this Stet
séiitence ’ you to be imprisoned i in the pene,
Aentiary of e State, fora term: of years
for. the crime” of burglary and larceny, ot.
F which you had
facts in that! case showed a degree of: guilt.
on your, pai more than ordinary in, such *
; |icabes.. ‘It appeared | from- the. proof, that”
‘after. you had o a short time before commit-
ited another, ‘bufglary, you solicited and j im-
Wiebe a ‘number of young men of the
of Mastillon, your associates, among

Tee

imarauding , expeditions; ‘utging that enter- |
 |'prises of that character could be success ful-
ly carried out, : “you” had already demé6n-
‘stated, without. anger of detection, Like
‘a fallen. angel you. had become a tempter,
| seeking to seduce your young. aggociates
| into crime. "Fortunately your sinister, ef--
forts prove ed cunay ailing. They ‘showed,
|| ‘however, a ptecocity for crime on your.
‘part formerly: “unknown ‘in out four.
Commencing, as yes did, the battle of life ,
in a spirit of wreckless lawlessness, in the:
‘natura? order of things, it was ta expected,

or later. come. to. a tragicgl. end on, ‘the

| scaffold, |. a is

| Accordingly, t to- -day it has Leconte my |
duty to announce to’ you that inglorious but.
well merited doom. ' ‘By a jury of your’!
country you have been’ fairly convicted of.
the murder of that same Christopher Spuh-_
Jer. Warranted, as it was, by clear and
| convincing proof, to’ find, that: jury foiing
that’ you killed ‘him purposely, and’ of de-
liberate and premeditated malice; hence
that ‘you ‘are guilty. of murder in’ the first
degrec—a crime so heinous and wicked
that he who commits it, the law ‘deniands,' |:
shall suffer death. _Who was Christopher
Spuhler, ‘whose. blood you murderously. |.
shed? o was a poor, unprotected;. per-

haps: neglected otphan | boy, one of your

sociates 1 somewhat y ounger in 'y ears than.
\Fouteate “Why did you slay him?; You
had ineficetun tempted him ‘to’ join Fp
in-your crime. * Heknew you had commit-
ted the burglary of which you were accus-
ed; he knew that you had planned it, and
knew, ‘from jour ‘unsolicited statements,
that you had successfully carried out your

lan; and he-had seen parcels of: the booty
which you had succeeded to, capture on the
occasion, and which you had exhibited to.

im. ‘At the call of the officers of the law, |’
{epséaink: his’ duty ‘to. appear, and he. did
appear; before the grand jury, to testify to”
‘the facts ke knew in the matter. © The }.
( |.grand jury found an “indictment
you for ithe crime. . You made sriqunt
eg a et fae hie hye nersuasion and

Pica peta at cone mata fate foment hae =

I “Ti

1 Unhappy 3 fone: rae 4

en duly ‘convicted: The: ! }

them a Christopher Spuhler, to join youir :

thata life of crime so begun, must goon r

against, |*

‘the syne natioan& nde
ithe pestilential ty

: “ered, literature, hich | fdr the most ¥

s. y than direst contagion, against the:
csdgedition: of: which; every household: |
‘of, the land shou! be diligently gnarded by
a sanitary.cardo sand other dpfensive: reg-
ulations most riz dly enfor id» for Woe: to:
"y Us as. a peoplet if the seed: ‘evil thus.
“sown broadcast,|be. ‘suffered to take ‘Foot,

grow up: jand bring! forth! Its: deadly ~ ”

‘fruit. ~ Some there is of it which ig already”

1 of the knights e fant of the rising genera-
tion, armed with, rey ov er ‘andwwrith dag ery.

; ga forth i in search of adventure, and do the®

heroic. deeds. ‘of : lawless
‘whilst the rising young’ wom an, full of the’,
perverse notion# of a’ sickly sentimentality,”

‘and even’ ta every: effort ‘she ist ab

4 et

hg crime. °° | | x
. The cant before us. fhustrates t the thtinity” >
of attendant on ‘these false teachings. A life -
Of reckless adv enture and lawlessness must’,
‘ lead to the gallows. ‘Let all take, warning. '
| BY the dread, ‘fate which now bahappily
awaits you. Your days i in the land ‘will be

-~

‘ow, and in field, the earth will be réceding’
from you, and” ‘you ‘will’ pass, through ‘the.

“mortal ‘soll of: yours, nce the beaistifil jm:
“age: of God,’ now deformed |

9 you to make” your preparations. ,
your death on the
| s ae ‘the offended majesty of the human:
} Ww;

x

‘submit to ‘it with resi nation.

r ‘about the violated. law of God? y 2
‘The pardon of heaven i can only ©

tain. by sincere repentance The. God

.the conversion of | a. sinnet.. Pray, “there-

b |
!

, a ee, Bay omer Wa eet

mercy and goodness bas ‘polemnly” prom :
‘ised that hé willnot déspis¢ a “humble, con- x
. trite, penitent heart} and-he, has assured ur.
that there is. great rejoicing i in heave over.

| rigening.”: ' Alrendy wet may. behold sore

“and cfime;. Pay

:

sg te

jfurni es the: intellectual: the of or
ee ca; a scourge to| our. country, te ty

£.

naté than guilty, entitled’ to her sympathy...

af
v

eo

by, ea and: ‘
“crime, will be summoned before the ‘dread '
‘Judge of, the Universe, to: meet the accisa- *
tions of your slain. victim. | May. you be.
prepared. to. ‘meet the changes OF ‘that 7
‘day f (Make) good use, I ‘admonish, you, i. Sear
the time’ which the: law metcifilly a accords: oor
By |
gallows: you eqn only:

‘fore, pray. earnestly, t that you may, be’ frie

jy converted, and that you die not. the deatk - ~
‘ fet alma

‘make im his. behalf, ; to save him | from’ ‘
the punishment which the Jaw afiagt Rati A

nig

shadows ‘of the ‘valley of. death.’ That i im- -

few and ate numbered. “When the. voice po :
of the merry harvester is ‘heard i in’meéad- .

“6
a
re

and éven then, ‘the atonement of your’ “5
crime will only be complete, ifyou acknowl: *
‘edge: the. justness of your judgment, ‘and. |
How ther

is ready to behold, even in criminals. of the ae
| worst dye, the fallen hero, more mh


Pe ea ee ee ere
: v "

Sees —— Seer ee
fe " xypu in your delibdrationson the evidence
ia the case, and. ib weighing ‘and ‘giving |
effect bo! ‘the same, that the - Spaig.ctalng E

existed ‘between Obr
plot formed and agreed.
tween them to kill‘o i
- gacugh, for. the pur;

P

> ia cafryin gut of the project ‘ag: i
: OE St rae? ihe es of; [a-often” su ies
: “thé other, tho, gaine abit
"flrs Qomb 16 |Bimselt, bed be ola! bé in
Malt respect” héld ‘rbagooslbie ” ter" the good of por unit to hear and goderstand,
. nd paid attention to the
> VT Will now ‘call your attention to énothd pame at ‘the time, and they made an im-
- ar-class of evidendd oftdtéd™ ‘by the ‘State’ pression o
for the Burpose Of sto wing tHe prisoners member
- guilt, ‘being ‘fa’ thé ‘whthre of ‘direct evi-|. a written mem randum of the same, and
“dence eS ‘padad | thé: declarations: of.thé’ their statements are credible and ecréd{ted
b tmbell, whoo? at’ fhe point, of by the jury! sugh' confestions are entitled’
death. "adh décldrations are called Ayn:
declarations ; ‘add' they: ‘can be’ bedelv-:- furnish proof: of a smore satisfactory and -
“itn ‘evidience’ tend if pane that the cotvjncing.

; damé, as for bi ‘own-acta, in &) chy casé, °°

nentlyor boy die? th she rei "asin
& yer are of imparidingy aes ‘is | that!
taken ‘by the law to supply the | place of an domi te of of

. oath in! othér ‘chaes} ahd.‘to bea ‘test'df.
© truth, of an! ‘obligation on the conscience

of the» tHath, Yat! ‘Yeasé ad. binding ag
‘effectual ag'tho! sofemn. ‘obligations ‘ot

 ‘oathe They are, how ver, t6 be foil

. With great gaution, considering ‘that: the
_ are- made - “inthe absence” OF ‘the |.

Hee ry (doferidanty{end that as’ tq this evidence |
‘defendant’ ts nécessarily” fags «

ented ot the right of cross-exam ination,
__ that great test of.truth; and they ate not:
admitted 4s; ériiter @ to! the Jary , until
_ Bftar Te Cp thas, rearefhily “ examined |
the samé,’ 4 a

- japiguaness | of Jm pending - nna’ certain
death? The Court in this casé haying

‘made the’ paual’ examinhtlon; ddmitied L

» these declarations in’ evidence before you,,
and it fe now: your ‘daty, to condider’ tha
‘game as evidence.” ‘Suéeh declarations,

when made in’ the fall: gonsclousnéss of’ terrible f
"impending! speedy, and gertaln-deathy are. _ having een, drn iri: Lancashire, Eng-
and, in| ithe | year, 1820, | For: ‘severak
is to hig death he had been
dy Pay where
> the. ‘business : of: fixing
iddins al i other machitiery‘ for’ weay-
2st, May," ‘1878, ° he'left.
Potialle Pp ia for: a trip to- ‘the * “West,
isit friénds at Kewanee; ‘TH,
ani: pe ri ly} .to “find ”
j ‘intention! it he. taut work,
RO.) West - also

at Ke wanee,,
ip efforts to fd etapl yment
1 suffer an ignomifrious’ déatht.: Selftpreser: |
: Haying but littig money’
) g0 the. cheapest WYpos-
8 i ipg,. the,, railroad, track and
i stealing rides when possible

/ ordjnarily entitled’ to great” tes pect. and |

considerati th! “You will carefully’ Gone)
etder ‘the darhé In view “of ‘ail: otHer‘e vi j
_ dence in’ ‘thie ase, give’ them such’ welght. |
- adhdieftect 4 head lin ‘your fodgeient? hey are
“ reasonably ebtitléd to. ‘Ir {s cA med by

» the State’ that’ the ‘proaf shows ittiat this.
‘det Intellipible- words the’ ‘deceased had

strength tq utter, befdrethe éntered into'a

: at of ‘absolute uneondciousn 8, end- |!

A ing in death, wera~ ‘sibstah tial! ; when'|
ked what had oocutréed: “1 bh eo héén

+ hlédared ‘and tobbéd2”” OWS x

+ together eled 1 togettign set -sevérpl ‘days.
. Thy other two'murdered mé/an robbéd |

' nhe’ot' ny: stothea,’ my’ ‘indhey,” my bun=}
“dle, ‘and ‘all D tied. re ay! ici willed tort

+ io" fof @ ry: K Week re euaigete:

‘Te ig: bor you to Med atite Otat tx ibe

thet ¥ were
fear; ‘beca _

ned through, duress or.
feasions, ifthey were 80 |
ned, are not to be consid=

i a sod? ep portuel ;
what’ was sald, and - the defense.
tp. "ihe: same at the time,» :
ad understand what was. witnesses, and-able- argue oy- “fhe: '

J y kept the same in their - counsel on both sides, t

3 da, eyebilik, Degeiabeh0t mae ok

. ing” "hin “6
- of bis money, clothes and ‘personal prop- ;
es vertys, Now, if the Jory find, this. to be
fe ~ txne, and that such a plot ‘was agreed upon } : .
. Between them, then tt will consider what-

Peis ever xt as dohe by one of them, in the

‘of ‘the other; in farthérange, Or. ‘do now

mind and

“After: the’ éxamination of about, 30.

out about 35 minutes, brought i in n the

; Bicting the fread-punl shment. |

nounce the- sentencé of. the Jaw,.which | is,
eh howler! A.

ben

ee areal ear ‘and
and wefghed with great
wilere the: witnesses: had a

a be tf" “48

aution;. + w®

their minds, and they re-
same, or when fresh, made

ai eration and. welght, ahd |

atl re tatbe oe: mind ©

x

Po Jadged them id'be {n* taet“|'y

i dying ‘deal tations, | ‘made ih” the ‘gone, wd ¢ p4 over! the. ‘country; and’ amid

ia sand influences, in want, -
aos) peneaneenensis of all kinds.

ttmough, the vicHin: of this
ime, was aman ‘aged. 50 years, 4

years pre v10

reside ot ‘Philadelphi

et ployment.

‘Jon ne he! attivec

AYrivinge:

IE Dread~ Verdict: =~
Of f murder ia the first: ee ind ‘the |.

young ‘prisoner wis taken’ back to his
cell to await the: ‘sentencé of the'court.

: Medntime his companion in crime, Ohr,

/was preparing forthe ordeal of a trial,

which! came ‘on almost’ immediately.
Mann wag found guilty on Saturday éye-
ning and on the following Tuesday the

trial of Ohr began, ‘The following, are |:

the’ names: of: ‘the: ‘jurymeén: . s ytloy:
sng 7 {forenian),- 0. ‘Freeman, R: Z:

ihe ch had eats Uriah’ ’ Binhold,’

the: defense evidences: Tho 5 Metinty and’ cr Ernst |

Obr, tefore: he left: the:
mother and step-father in
Chicago, in| th ‘mouttitot ’ - Augdst,' 1878,
Waa boy fii
and quiet. ark

dod reputation: f6r, peace: his Fase Wi R: Day a@nd Tous M.

1c) ‘course Bvideri¢e orcug
ays! to be donsideredi ‘in-
ith all the other: factd in’ the |
we bight: tos be given toli¢ ig a
" bd de rosined in th¢ sound 'dis-

of the j ty! Et 4d, however,’ dvix
dent that such bvidedos inast be less sat-
\sfactor th n nen eh
to near the ti
idterval, ity

| Scheefer, Esqrs., for the State,‘ and

Messrs, Jc Fo Parker; FC. Meyet and
ee ameg Mi: ‘Ammermagn, : Esqts; for the
defenie,, and | the: able~ and thorough:
charge of Judge’ ‘Meyer, they retired to
their room onthe 13th of December,
and after an absehoa of 16 Hours brought

asi meri tl baae  S , rye
porhicides: «In the:
stb] great changes’ naay
eted. in} ths character af the

‘| Terrible ‘Decisios: g. cian |
pa that Gustave Ohr was guilty at
‘the crime of mutder in the drat degree, | >
Ohr ‘heard the, awful | words ‘with his
usual calmness, yand returned to his cell.
pwitht steady step. sae eb cn

- The Dealt Sentence Passed. #

Anat a fair’ trial Sui have been iegally’
convicted of one of the most grevious: ‘vio-
lations of the laws of God and man. You
haye wantonly ¢ shed fuman blood, and the |
earth - has raise its.’ yoicé | in sncashtion
against you, and refuses to be - ‘longer | trod<:
den. upon by the bloody feet of the mur:
‘dérers, it rd fuses a habitation ur asylum‘
to him. who Has. risen in rebellion against
the laws” of heaven and earth; and has the
blood'of a! iarderdusly. slain brother ‘on
hig soul. ‘The man’who has repndisted the

‘i: sacred, obligati ions, the thes. and instincts of

humanity, an committed the horrid crime
of which’ y you hdye been ‘Cohvicted, is, justly
doomed, by the lawg of God and inan, to.

vation,’ the aféty ahd! péfice of orgaptzed
uma ‘éociety, all, require ite Th pmaute
Aerer who ’ xioleatty, torn.open | e por.

“pelin. mnOintatecn tees 08 th Cie tl hed i.) og

until: Friday, the 7th dz
on-that day, betweer
) clock’ N. we and’?
‘You be taken'anddondiicted by thg ‘Sheriff ,

of the county, ‘from’ hence to the place’ gt

execution} and by, hi there hanged by; the |
néck: unfil “you. are. déad, and ‘may God |
have mercy | on out, poor souls, sa '

On the. last day, ot December. ‘J. udge |
Meyer heard the m otiong of counsel. for .

new trials in the cases’ ‘of both Mann

and’ Ohr,’ and’ a very | large’ crowd of ° ‘
1] spectators, ‘many’ OF theth ladies, were,

| present.’ .-* by
'- The motion in’ jeotge Mann's’ ‘case

"| Messrs,’* Baldwin ; ‘ana’ ‘Lewis. © The f,
{ main "reason being the : alleged intoxi

| tion of Lewig Pende, one of the j jurors)"
which it was claimed’ ‘Oeeurred | during’
the ‘proceddings of the trial; thid ctiarge
was substantiated ‘by the affidavits of

several ‘pérsdis, who: claimed to have

seen the said Perc under’ thé. influence |

of ‘liquor® ‘while’ the. jury were | “at
AHtiance’ viewing 1e scene Of the mur,
dér,” vs i if 4 oe ot

The ep cating Attorney, assisted ||
by Mr.’ W. Be, Day, ag attorneys for,the.
State, | produced counter _ ‘affidavits |

signed pe Pénce mself and. the bal-'
ance of tHe ji jurymen, ‘also the. YJandlord.
with hor) he ‘boarded during | this |.
trifl, all | denying t the’ ‘charge of, intoxi- |

cation on the ‘part ‘of. ‘Pence, and 4 ‘cited
eases of ‘sitoilar nature in defense of

“bo pb

trial.’ ons ; , i ao
i udge Meyer, after “Patiently listen-
ing te the’ ‘arguments, of thé counsel,

beth’ for and against | the: motion, re-/
viewed ‘and / ‘carefully,’ ‘considered the
‘matter in‘all its bearings, and came to
the conclusion t lat he was morally and:..
legally “justified } in’ overruling’ the.

econ, which he did, and the _

Rite Last Rr y of. Light. Tad.
And the hope th had inspired the boy
Mann: passed ‘away forever, and left);

hima poor, weak and weeping: mortal, f

‘waiting to‘hear his doom! crit of. [phe

The motion in the Obr case} then ar

ghek by: bis: attdrney,i Mr:- Parker, the

: principal {reason jsedigned: being’ that
_ Sine | the: tridl; or perhaps: ‘while:ithe

trial was in progitas; they. had been ‘ad«

*. It ‘now remains \fér me to formally an: |

: consideration the gees thay
and that in mneting out ott to: tem “hess

takenr be
hee conf cea

ee P. Ms eel ae 7

’ ‘|

a

circumstances,

| age..of. ‘the’ | offender,

per it with mercy. .’
Ohr was then 0

‘|Fel plié

s age

fae gt ‘the so

‘eharge of thig  painfel “duty ‘until it

(bis hands: in “thé iblood * ‘ofa broths,

was” first argued! by” his’ Attorneys, ‘|, solely’ and’ siitiply' tor’ the’ ‘piikpose

plunder, ‘and’ as he uttered thé ‘last 86h

asad spectacle, indéed, and ia thd’ rigid
of all that‘is’ good’ ‘on, ‘eatth,"'we‘Hiépe

down that the Sheriff had to’ aaciat I hit |
on. ‘the way to his cell.” ae AE

ice Jail, a
‘alvaitting Death, ire i

; Ohr and wiakin’ hays. been the ‘ice fet

-much curiosity and interest, . hideh

+ the. discrepancy detween, the e dcequnts its,
of ‘their crime the.“ een nigt, 01 on}

, good terns ‘with. ooh 0

-prisonment’. they ° al

‘representative, while, adniitting thet.

that class of reading had beeu the

of his bécomihi amufferer, maint:

‘that 1t’¢ould not! hutt/ hin’ then} tn

two acta he expected! to die’ pst ‘the’

galloWwe, ‘and i ait io ete: ue

he’ uttered a’ We ge
‘Wa rning to oy .

Not to ‘iduled | the sean for 86

ad, that. he take into}!

J udge Meyer, cake stern Lt
and unfaltering in-tlie discharge of Afs | |
‘duty, and! 'gedmingly a Haterof Wrofig 2
doers, had not procéetied far’ itt Tete’ dis- fin

| became'apparent’ to'all ‘present that. Me pis |
“had a: Adart: that” would’ not! let Hith-| «
‘calmly read. the” ‘doom’ of : ta! fellow, ae
met}‘évén though ‘thé’ ‘eondetitied’ bad
‘had violated all law; huidan and’ divine,
and coolly “and” prénied ftatedi}aipped

‘tence, dmay ‘God have’ inercy. on eit |
poor souls” he burst into tears. | Té'

that the citizens of this city, ‘and sotinty
“may never have octas{on to ‘crowd! ‘out: ||
temple oft fusticd ote owitneds | another |’
scénesuch as!that.:' Ohr' while: receiv! | ¢

‘ing his ‘sentence’ ‘stood the sathe uncon: | 2
| earned - “being, '! while’ Mann wept Coty. Ret

_tinually: After: Judge: Meyer’ had
‘finished, the: prisoners’ were taken: back |)
rt jail; Manh: having bééome so-bréker |

bus," Lene ee
three'years

‘During’ tiete: ‘sigtsnment in ‘tie |

Hane Wes 188 3 YS

4 ntil bof’ the» ‘imaginary heroes of wht
within a few, “week: S| vere quite bitter:

toward ¢ each | other.

PREMBE VES. | that even. as; hey. had.dgne iivshe im
‘with music and by reading, -Obr és.

, ‘pecially.’ He clung to his fatal. habit of
| readirig highly-sensational Stories, and.
‘in an interview . ‘with 2! EPOSITORY,

bling- and. ¢

bei

| met acquired § ieee bree 10

gen toa 4]

i rant
sharé of vf

jivet ere = 4! eine
and this is the ait eat Bn
has ever: com eon ik 6 i
Aléd fvhén tie Was but:
here Ww ste tilat ene
who boday: sufterétthe: on
in early life’ wert de eprived

here F vitae As

rite

O, b xe ze i
‘of ‘hig’ relatives Vrs ie ais and
lived. ith hisgr randi ther, withy
rt a4 ‘ving at Gib tine

‘dér. ¥

Wega} IB sit .
‘tis said'th 5 ‘Siulme
‘| early life beca oldie ota
sal of ! “aly itr
4% Sensa ister Lain
‘and from thig ROUREE MBA th 4,
which Jed-tdihis"déwntatl?2 2 Twn

seem that in: tracing 1@ the Career of hg }

réad—herdes wt ho: niaké rid a pe
and a pastime—he. became. conte

of a. chetp Writer, and on ‘hea
could do inta grim reality, He beguheg
the: ‘perpetration of sévetalsimot AS ? be
ses, little thefts, ete., and these wert
beginnings ‘of. evil! whlell » 4G destin a
to overwhelnr him: He, tui 01
came a wild youn cos nd
a great part. of his cato

quaintances W

boy of abou si
cery store

| £ af -e@ wle’-. PS ees are Pee nw

@ ad es

#5007 + stealin rides when possible, Arriving Lhd) Wied Lu PLUgiesD, LUCY LAU oe ary Zo ve oy seems Soe Crew rise eye yes | uel acyuiled Sul eo
+ | “Tris for you to determine what is the : &. { § tals of eternit and thrust 4 in; untimely and i! iss Ss dd, iar d {Hil Gd SULIG LUUUEL GS UVa Sp ae
al 3 . . pdosty. and what weight ‘the’ facts estab~" | at Decatur he. made the acquaintayce unpréparéd, ne ‘brother sata -by ht ut a fed, that ons: of — ‘Jurors, Tost | ical parent . i = et rion ed inn to 0 his

Net -Ltshed by it aré EntitYed toas I fave’ stat- | ofa young tramp named Mann, ay a derous hand, muet be. conscious those We ‘Ream, had exp pressed. an opinion: in| “As? & day for the sedition! ap-| It was | |. te 5 : 4
> N+ ed, considering thé dread ‘and‘awfal siti | fateful chance acquaintance it turned’ portals: in. ajar: for -hink,-and! caiinot tegard: ta: the guilt of .the defendant» ‘proached™ all arrangements. were made | D.

So F $ { hy Re get
oe uation, in which, it is clafmed; by the | oat: to be} Later, ‘at Ft. Wayne the close } Obryon: thé strehgth. of «what. he hadi{, by * Sheriff ‘Altekruse. Mattice ‘& Son; of | ‘ a ate lite!
| f "State; these words wete uttered, if, they | pair of tramps ‘was incre by” he | his’ oe meat sn Hy ig at beard during the progress of thé Mann Cleveland, professional gallows- “makers, for Chis 5 uhler whit tagit
Pe i were uttered; ‘by thé ‘nian just about pases | te be 21 te png Chance ; F ae -L Just fetribut onl Fie teat 40, fa mel trial, hei having’ ard a portion: ‘Of! the, were ) employed to make’: a ‘gallows’ fter | aig
: 4 at “7 > _ Ss \e
> ; i ‘ *> og pla joe tite tf cab, Bad cane To 4 trio, lard at “Atiiance a3 we thye justice of man is: concerned, it: is: my duty, Prosecuting Atta rind and also a ef es eal pe Fi ts rittdet ue nin 8 timg ‘in. ‘Lagat 187, "
Spo pags ‘wilh-yow ‘edll your ‘sents to still related abo @, it was, red el te a. “pair. on‘this sad and solemn secasion, | to judi- |. the. athdavits, oat a ae producing all’ was iniidd ‘ready: for é dreaded got y Ung ts and twaoth ie 3
ET a) ahothée dass Of testiniony fatroddckd'on | ONCE indre by a feartulerime, In this | cially announce {6.yoli from this judgment tending; to confit nthe eit irl event. But-on thé tirst wy May, six: companions, dnd: the four stay ty
His the part ‘oY the Blate’ for thé parBode), of qrime | Salted man. ‘avhose, hair , Was seat. |: Myiduty is, under the sacred obliga= | Park r labored: A eee be in-aers eh days before the date bet fa or ‘the’ oe carriage - Tor! ‘Cantons ‘to’ ‘have SY oe
_ ‘.  / proving the gullt of the’ actused: Ttnéad silyery,wi the frogt ¢ of ine winters, tions which jare insevérably connected with th i i Enestly in:defense of, tion, ‘Govertior Foster’ fssuba nm, © ey time.” On ‘their way. ‘they: wet :
“* Geolaratlons ‘and sonfetslone, whic arey guilty .of ho, greater | Of aqaest .the' position I: occupy aa’ Judge, of this | @ motion and cited cases oats © | garden of Chris,/ Volver, “and 9 Sigg
t. - =F claimed to have been. tnade by’ ‘him; ac-' humanity than poyerty,and 9 af nok Court, to aint nhounce to you, the. sentence, of bature together: nth the opinions andy i A Reprieve, _ iF met’s ‘suggésti fe they ‘stop ed) Siew
“1 ef knowledging bis guilt.’ 7 Ht Sefctatmied by | ment of his murdereis save one, ot ge the law, which-is; thatlaé a pdnighnient for sGecislone, ofthe jpouria with fegard to “For | both” the..; condemned , “until «what they ¢omld find, ‘The gate
Sa ‘the - “State: ‘that © the proof! shows,: that drosity and. kindness, was, beate ‘the crimé ¥ ; have eon ihitted Sd dak them, =: the. |, 25th Ansty that, all: three] | “hot ih user hat day. Per ee
:e ot ~_ the eeqused whilet in the lockup at Alli</ death in cold blood by th treache su die of the’ 5 aifold the’ td P ald " Messrs, Shields and Day, fn behalt of of Stark’, / eounty’s ‘young. ‘murder ee oon was clos and le
ie “ation ‘on the @by following the day’ of the | objects of. his charity@ Th ugh brui ign nintous deat the State, offered| afidayites ténding to | ers might Swing on the same, day.., Phe} But | ote eS RY

~
Mande
emerge by

2: ‘ofa murder Bi May ou. yillingly.accept cof enti
bo bmaildd ¥6ldntAriy stated) substattials and mangled | unto death, and stripped of | ; yo y:2ccept | show that .{he. story; of Mr.. Ream’s | following ig ,is.a copy, of the d ument | fet .
i tg ‘te “one: witness,’ editér and. pub- | nearly all his clothing, ‘the ‘unfortunate wif bumas unishinent. 5 You owe this to having. ‘axpressed ; - - a2; | opinion’ that | which ‘avon ant Mann seven Beks | fF, Sam ot Dia Not sion ee
_ s. Maher’ ‘of a” 'dewepaper™ at ‘Alliance,’ on | nan ‘Was | permittéd to, stagger’ a few. |. € offende 4 jesty, Of the law; you owe, ‘would, orshould in any way disqualify more bf] Nigot i ity eyd ‘elarens fort at. ~H6, ‘foredd an’. enka
ee ’ being told ‘that the pérsoh accused WHA + rods and testify in fainting Janguage ta |! jit toa crue y abused human. society, 50 |'him gs a jurop..in the: case:.was made. baer bai gaat by staisiseretal sboxes, of cleus So
27 © <i bim! of the: diane," dbase him, Ont, of the enormity of the assault: upon him. |i See bam justice «ig concerned, your -up by the persons, making the affidavits RRR ace aap Re ue Avrnonity wen 00 bis ea ee eient ¥
bent “Rélng thé one that did’ the deed: “His murdet was a vic f alone can ‘sufficiently.atone, (the’gre- fo urpose urin Q y aR fetal was arrests ed! ter, a
pf fos ote “MeTeAg: trag;.1° did: 26 ‘Wa’ had “both not for revenge. * Apdtt h ss boot Law vigue wrong | you baye,done.: . This atone- for rey renee ith ae w telal | Charis op rb; Fone ner, 3 «said State, \' ‘trial pnd rele: “bail. “Tenbapee*
a "agreed? !(o. KIL! the ~ old | axel ‘bat fearfully and amply ato But ‘who ment, however, only ‘becomes full and per= the affidavit of thejurpman aeons fl i er aa rele id || an effort. on, ra of; the, aceon
oe Beers wai isd aot i vignheatpaces shalk gay* ‘that that atone Seat was ‘thot fect, if not j eritorious, when the unfortu-. placing» himself. right; as far. as. the-t ¢ Whereas, at the’ “Obtbe? term, ° is, ¢‘tix” the evide cea pint ¥
Rvs ann,’ weaken just and deserved, ‘sinte “Veebweance is nate offend: Fecognizes, the justnéss of his} of tiie/Dourt of Common Fleas of i} which’ ‘is well} described i the Ss
meh Awa when’ ‘told that! ‘this was avery grave’ ine” saith the L ra, ie judgment, and: willingly atcepta’thé death: ‘charges were concerned, ‘and cited cases | COUSY, In Bitld ie gre désorge Blan ‘of: Judge. Sliver, ‘printed. ere ee
: pats gfe iid ea shen be careful | what he | mine, poy / >. °. bimpoesed upgn hinyby’ the law, in éxpiation Serre all having ‘a tendency Was convicted o of nee ctiaje cue a ‘This .
re , he! add “I realize ‘the eltuation’ ey ale fi. > see pis crime : show that t g, of thej it sent
an 8 € een Srepared for the worst; that'on ee fis crime. < ‘Then, he! i indeed justified, should not be diy xan te hee said Court fa the nent of: ‘deat, viciousness a rt ts
| 7” lpteerentag of the dey of the hoaltdide: Bick TRIALS, ; at } 80;far. ag re q Human daw. 2290 7) dssigned by tie os cots leven ORE Ae jetw'een: thet ‘Ofil1, J Saat tee [pe
go "also in the l6kup at Alltance, the deoasied He La Sp pt in arr! a i iesot ) tegard: to the offended if they werd trag. ~My hid : Tih day of 4 SET Ag aS ae. Bo the Pestle : ‘T
1 7). woltiitdrlly stated,” to! adothér’ witness, rressors -in ‘the Giutches of | s me of ‘human justice is ivatis- |!) 4 tter th: beg nent wy the jearned | aw meieas (01 sattstuctory reagoris, th fed
:.  cotdéer Berlin, fn‘ the’ prison’ with ‘hina; if A eee etapve hf test ail: | Let this'solemn moménttim-| counsel upo ak Fe determined that the said genténee |. pte | bop
2 > te Bad as wish you" yee those people ‘ : Prins : 08, - ie sebron jon dey bays, hearts | the sole} Judge fer Mex xed b hie it | ted ak th time | How. 2n 33
it away from t e window. They need not 5 Viren | Eee ae Ser 3 Or ealed truth of the’ Eternal, the | ‘prehensi Perna by virt 5 Bie: RARE 4 sol
+ Ac Malas ting the other man’ (ue on Af ore nh the’ tnt. day ‘of! Ja 6, 1819, Oh gommon Judge of ue all,! that ‘aii humble; aeeeh vexed aut vested in the! : 10r, ihe auihouly ane Oosipagion, ons Sl
Btu } who w as also-in the rere, b cht! the 7 4 ét _contrite anéipenitent: Heatt- ‘He will Hot ‘Reading fro oar oat oe the: Bitty’ of tle ae | noe ae ij Bi Py eae on a, te :
a: “dood 4 ged Filled tho od nga rere{ brougl Fail of | despise; butitwil iad merey andor <- | th simitan ‘cages hee ‘b.deci hereby: ditects that, ithe} exeua: ‘Bbhttoe: i :
: conn , and ‘placed td | bells in the esq with HL rary give: Jf sim: Peaeirteclt si which Suabled:) to tion of ae ap nea. 4 oresaitl., be -{Spuhler- 2 3 ‘
t yer tied, atid” Were! im diately in- Let: He aiod ye tabiet eh f proper: hout pena thé) 2otht Of SUe,| ‘1896, 880; the pe x
Asie ig cond, sedi |S bee oe ROVE See me’ twdrobniit you. to improve the| | onw ¥;/DEEW ed he*houts of °71' | for 4
ie ea S a A | Repository “At that time nelthért ‘fy days allotted spa to been’ earth, to ah a ryou wil proéeed to ex | defense of t ,
ah) ecpbiacepabed, tbe, one eid Lacmnéa to Gb AWlake’ Of the | Comme tecantiled bo: Hist toy-make your | 2 sirihied by law aaless otherwise lawtany (Of nis life af the, ctl
: Sete Pap ‘peace: with }Hilinz.. If you Offer’ to: Hin! th | dire eu. R % 2 ae a ' Spuhler’ haying béen-2
Fe light. withta: penftentand contrite heart acknowl: | | In ‘the taittinouly, ‘wherect ’ have unto assoviation’y ith evil-¢ pai

rit ‘edging yours réat eng: youd abath ou = subscribed my ‘naniéandl-tausedt' the rujning his _charactery/™a tans

3 jn golinyouthfet atys th atoteth rents ay | great seal of the State of) Ohio!to be |ihis determi ation to /; fo EES
; fended human’ 5 a Hi i ato Caunne bet ae ats Scans Wy) ole He ma
; hee | te hs ee dioaiasa nod of the Ut lst ‘ : ob yarglary,

Rawes'

OF eit ens
° By the! Governor; ig Ms, a
pagl ae oO Gate kt wal wbGT ER, . a Ps
he dopument for Oh is reetsely pte eons thi|
slilar; except the. name.:|') | eZ)
Great ‘and almost: ‘pneeasing: afforts
. eee nase an fn yion: Governor female [
Pesta dh ofS esnslet fal aa eh ‘
A bommutetia ‘BenteKoad! | ks be e; had cuore «
| Oentann’-and Ohr,. babs withony avail i casera ie
‘oe. 7 a iar at hia coun Be eB otitions were signed by large nutnbere | 9 12 0 VI “hat fabel ee
atteria fair . iit sand oF peéple, many sre al; ‘appeals.were out of ho. Wy: rt oy
.¥ bh |

mon TO 338 pA,
miingly &. —
2 «Ve tor piers ¢ rr
fy caus aie fe Attics b

~~

Fo of YY Bn em

seal ay | nen ata bo ete Vol a aeie aoe
Eases ment!| Yous Wapiti tak any Wecks tors, tie |

chovse pay? Alena WBidapt a, lore par |
z: aa "a ‘Hicutarty tid'you hg ! impressively teaching |.

Tey Gres

ig is.

ee eel | 4i-O Bs
je. terrible hak the “a tions oly Writ, “Re-. “abled if th thie
ae egy Ot} DBE gti oI4 PBEEG Yh he. bad an me Pala Ba the Governor's flerte
aire ean aed dpe’ sug in the day. of. ‘sentence: shou plaiae ‘pron d. aug ae ¢ Syero enlisted, and | short be
ay ai of] and bs Se out ai jh RX (ie dee eect | eee chi pae «i low, but distingt tone |, Tie pressur / ‘known. ta the art of wel t together tg the Fa volean®
dealing | De December, is79; thé'trial’ of Mindat’ bez] the thouas and” femnplatons 3 ‘siderable’ emo rr ba, iat phot ne? sate eae te th claned wit, | nut street, at-the tg

be onght to. béar_in, fayor, of t | BU and clr

Timinals, 4 Byg. ‘the, Governor, jadher. alts 5 grandujottier’s yer be

to “| 'ces go to show that.t ii sorte

‘the., Gubernatorial chair,—that | 4envored & make bis Yak

| gcpseenteness. of yusta.ahenie nat he eee
Aside, except for basa

gous . ‘neasons/—ha de terminedhy sr ) ‘used
Lapnet hem, acai: a nae eH a

eof or ahmed) eid “aed | FO4E
ty cbuld be fouiid, and when’ face
aq attast been fotuied'it wats | bo:
lloWas! Hirand Fos titeey? WM Mieate
a mmers. roti af ; *

ee ee ee


_. Three Souls Sent to...
“ Ean ‘

th
‘

mt |
Esl 1 Desiription of the: ‘Gallows

-; Beenes, the- Outing Down,
7 And the Eid.

2, At an ly hour this orning: a
eo :eurious crowd gathered around the jail,
# +". and those. entitled “to: admission began
='"5* . ta knock for: “admigsion, At 8 o'clock
.-'the REPOSITORY rter took posses-
~ "sion of his, cell anfl:;took out his pencil,
It-wasa ‘strange ‘seene. and one which

The Early Morning.

‘even a greedy. press pes never to |:
_aealiy Witness in Stark ¢ unty,
‘Sammet. . é

J ohh Sammet was. ‘awake this morn-

_ ing at about 7:30, after ‘about six hours

a es “‘ot-sleep, and’ after washing himself was

ae - J eonsidersbly refreshed. In’ about half

‘an hour his, breakfast came over from

the 8t.Cloud, which! he ate with relish.

. | After breakfast he smoked cigarettes,

. walked around the corridor, and was in

oe fe good: spies considering the ciroumt-
ls tOhr. | he. ae

7 ‘Gustave Obr slept well for about four

‘hours, and was up & little after: four

_ ‘He did not care for ‘breakfast, and then

spent some time ‘conversing: with. the

‘other prisoners. At about .e

Rey, Kuhns called in, and the’ two Spent

__ some time together in- couversation.

. 2? Rey, Snead came in about half an hour

net ~ Sptterward, and rémained until the exe-

a ai

ee ae cation was over. Vy

ei; wer nn. 48 Hei
ee Peg “George's Mais Spats rather restless last.
ee hf might jut , Sectired some sleep during the.

- Miss Meyers was ‘with. bim:
= mam ts Mamba shé retired for’a
hort. rest, Hana did} not eat eee

aera Raton cell, and talked with |
oy tho-Ra ive RY’ representative con~|
5 ee, the dreaded 61 events. of. the day, -
~ yc +» Bie was ag cool as “ever i sore 2
ea CT conversed ri

=. Mente of, the day; said he pb
eet ere ier ‘and: was: he sth

ies satisfied to die, since it-was “necessary

ae , CVRD Dbeth) Warrahte! EP C4 td
ad ore 8:40 o’clock.- Sheriff ;  Altekruse’
- caed i Gustave i into his Gell forthe
‘endiz to:bimy the’ <Beath |

a lente which indicated that he didnot |
oe ‘He é06n dis-

aq bein” “ag algina Wi,

wy
a

of Miss |

ighto’clock

“About. eg eee Sammet. caine ie

ig Bt

Dauillery, vo tanec asCiusTru &Y was

said county, and iets confined and
safely ‘kept: in a‘cell until Friday, the
25th \day of June, in the year of our
Lord one: th jusand eight hundred and
eig ty, and on that: day, ween the
hours’ of [eleven . o'clock A. M. and 1

o'clock P."M., be taken and: ‘conducted by

| the Sheriff of said county, from thence |

td the: placa. of executioh, and by said.
Sheriff thet! -and there HANGED BY.

‘THE NECK UNTIL HE BE DEAD.

You are therefor8, by the authority of
the State of Ohio, heteby. commandéd

T to carry said| judgment ‘and sentence in-
to fexecution, and of this. writ, with

your doings thereon, make due return.

| Witness. Jo

‘Court and, t e Seal hereof, at the city~
of Canton; “this, 14th day of June, A. D.
1880. ie 7: JOHN T. Hays, Clerk.

/ 4 (Miss Meyer. -

: ‘Meyergreturned to Mann’s cell
at.abouk 9:20, and her entrance was ‘the
| Sel of heart-rending scene, | Mrs.
‘Mann, a’ white-huired lady of nervous

temperament, broke down viprpraee
and that opened the flood-gates of te

‘Miss Meyer retained herself possession.

-Obr was. standing by, hnd he was ini-
portuned to clear Mann’s “record in re-

gard to act participation in th /mur-
der Ohr said he had told the'truth,
anil the whole truth; and. that while

| willing. to exonerate: ‘any body e could.

“he could Bay nothing more than he had

‘said. At this Mann broke gat sobbing

aud’ in sae
9s es “Oh Lord ~ 7

I didn’t, do} itt, Oh- a kes you know 1

didn’t do it! Don’t you, Lord?” Obr:

Was pressed by Mann’s/ ‘aunt, Mis. Sim-

monds. to. ‘ghange 1 hig: ‘story in regard
'B ;

to: Mann’ : participation, but. he
declined: - te: do. ~“Cotming ~~ into
-the-Repository cell, Ohr said: “I cant

‘tell aflie myself to exonerate anybody.”
And hefsoon added, as the moans of

‘Mann‘s voic came wafting across the
4 corridor, ‘ ie a aye “5 t ¥ . 4

© ies | an Die Like a Man:
‘And [dont s | why he cant.!. !

ae

Fsillon, ai tryman of Ohi’s, remained’
h Gustave's cell... - This: morning: Ohr
dictated two letters,one in German‘t
his friends at Chicago, and“one “to h
Pfather in New York, ‘bid ing. him 1200 |
wer pres ee

\ At9 O'clock Rey! Father ‘Kuhn’ ana
Rev. Fath r Berlet, of. Massillon, and
Rev: Fat epretaa of Massillon, |.
Lcame to Mgnn and : unmet. :Sammet
ras ext the Mine in the REPostTory* cell.
(the orié shown inthe cut of the Ral,
lows, directiy opposite the- Thost easty
“ward rope. Father Kuhn aaid:): | =
7 hat | obn, youthave a duty to your rele,
tives to perform during the ‘next fow: i
| hours , and] don’t want you to fajL”..
J Jo vi Pash -that he woiild.
= An
ot 8

ois
“ydded: that the sponeteis
bart enough to putnp him.’ *

T.. Hays, Cierk of. said |

and talk. Within one hour they: &xpect-

ity, but they talked and.
ed to be in eternity yt | ing over the ,railing. he looked |

even sthiled with natural manner,. per-
féct aelf:possession - and unstrained
tone. ’ Ef
a a Boot Blacking,

Then the boys. ‘wanted. their. boots
blackened and their toilet otherwise
completéd., ‘Ohr cameinto the REPOsI-
TORY cell.and Benjamin Cabill blacked
his shoes in fine style, Ohr watching
the job with keen interest as Mr. Sny-.
‘der sat beside him and conversed about
dying requests. :

‘Sammet, in conyersation fidiph the
REPOSITORY (epehens says to Mr. ‘Si
Allen” ~.

“If 1s past i now. Ask Mra: Allen
_fto. come dowirand play for, me.” He
WAS asked. how he felt, he feplied:

(uJ am walking around trying to
ths eep up my. spirits. “Bid ‘Katie good
’ bye for me, and tell-her send her my
last farewell. You need not send for
Mra. Allen to play for meas I am in
the way of the reporter. Good bye Mr.
Allen, this is my last farewell.”

(11:27 A. M—Sammet just went out
‘on the scaffold, and bid the crowd good
bye i in @ calm and clear voice.

Last Kour Logic.

W hile the Junch was in progress Sam-
met said to Munn:
: “Mann, what's the use of ‘taking on,

We ought, to walk out there as if we

werejgoing to. a wedding. Ain’t we
goingtto see Adam and Eve: and the
saints ‘sand the : “martyrs: and the
prophets ? Cheer up and Le a man. But
look ‘a, jhere}Mann, either your or Ohbr
is telling a Ife, and one of you will take
the wrong round. W hich #3 it?”

; Mann protested. his innocence again,
but Sanimetadid not seein fo believe
ct _ ee |

’ Prayers and Preparations.

_AUittts before ' 1L_o'clock the ‘three

Re ‘Gisomedl boya. were-in: their. cells with
fs Last hight Mr. FG, Snyder, ‘af Mas-

their spiritual: tutvisers.- In one ‘cell

f thtee or four priests were praying with

Sanmet, ‘and in. another, othe were
Lwith’ Mann,. ‘who, kneeled - ~befure ° the
rerucifix “and Fecited the. “progress be-
fi re death.” With Obr Rev} Kuting, |

v; Vogele” and Rev. L.,.U. Snead
labored Huring.. Lhiesd. last awful“min-
utes, :

 Thishpcene:was sore at rate Tmpiicit-

j ness; i ingthree different cells, three boys.
all’ under 2t years of age were prepar: |

ing for ‘death. {In, the corridor were a
fom RpeCERLOTB, ‘turkeys assistunte,
ny rote e prison’ couldbe heard
“the Tepéating of prayer andthe exhdr-
tations of the ministers and: priests in
attendance... ‘The three boys: ‘Sppeared |.
to be the most selt-pcsseased persons in
tha party,”

73
7.
_s

hold short conferences with tbeir. “spirit- | *
‘ual advisers, and waJk around the cell |

s Altekruse and i
asked |
bad uy bt | to Bay.

Young Ohr goon afterwards |
thto the REPosiTORY cell and}.
heg operations there with interest. | ‘

sii Ow”

“At 11 2 1 Sherif Altekruse and John
Sammet appear on the scaffold and
John bade the crowd good bye. Leéan-

‘down
{ faces

upon the small ; sea of. upturned:

‘| and called out ta one another of his ac-

quaintances - whom he . recognized, |
“Good bye!” “Farewell ”- He then re-
turned to the cot ridor to make his final
preparations. ~ |)

At 11:30 Ohr oa in the corri-

dor, crying bitterly, and shook .hands
‘With the priests and bade them farewell.

Though crying, 6 was not. unmanned,
and. retained hi self-possession.
¢e Upon he Scaffold. |

In the following ‘order: Obr first, ac:
companied by Dr. Kubn, Sammet, ac-
companied by | Father Vattman and

Mann with Father Thorpe of Cleyelana-

They walked ont with a steady step,
appeariug: upon | the scaffold at 11.40,
Ohr was on the. trap next the audience;
behind him Samnmet, and then) Mann
Sheriff Altekruse and his assistants
then adjusted the bandages and mana-
cles on‘their -arms ani Meir legs }
being tied. Obr and Samimet peered
upon thelerowd and recognizing friends,
called out to them. Ohr said,
bye, Doctor,”) "Good bye, Dr. Brant,” |
“Good by, Mr. auhof,” -

his spiritual attendant, Ww ich could not

be heard. : ; ~~

copabye ipcve:,

‘At il 42 Sammet cried ott ‘to fthe
asfistanta and
I am going.” In the corridor the
Sheriff fixed the handcuffs and straps,

Gnd led them gut to the scaffold. |

oF ixte g the Rope.

.'sherift Altekruse, assisted by Deputy
and Richard Powell, of,

Sheriff. Card
Massillon, then proceeded to affix the

ropes upon the condemned’s| necks.

Our’s was affixed: first, and he looked
straight into the: crowd. while the job

was being done. . The. rope’ was next
affixed to the. “neck of’ sSammet,
who complained * ‘that: it. was ‘too.

tight. - Several times-« he ‘
tilat it be taade looser,-
“Henry, | ‘that k too tights.
loosen it? .

asked
Peon Be
can you

"Then the robe was pat ape the nieck:
‘of Mann. © Mann said “nothing, except.

to repeat “Into thy. hands, Lord God; 1
commend | my spirit.”. + He stood gazing
at his attendant, constantly moving his

lips in prayer.: See.

ae Stitt. Nearer. . a
OW hen all had been adjasted Stier iff
hig’ * . assistance

the culprits’ if”

The reply of. each

was “Nothing,”
the'ministers iithey had anything to sxy;
' ‘offer, and Re Kubns and
7 +h. ‘Let It Be Ov rae a
en the on and ministers’ bade
ars be ( FIRTH: esorly:

Tbe» [3 ip Uarace pasties
a} is d i NS et:

“Good. |

Mann did not |
gay anything, except, a low. remark to.

min ister, “Goodbye, tos Be"

they.

be Rheriff. then asked |

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81 ‘South M arket ‘Street, Canton,i

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a H eas | r : Fle fe i H 5 -}
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Ya 3 ; 3 ; +

Mn :

3 Se . i eae a be + ee ae os a : rg; . 7 eae « = thet ier aetiallnr aoe wae des aaa: ata ye Chet ey see epee dete ot pee
. q % . 4 ee . - : > ‘¢ A +X | rat > an a ae eo . - ~

¥ c - % 3% + - Puieanst we os pe APs): = We A>. SS oe . J i ae ; ¥

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3 : e orrs_s ,
. . : : 3 sateen Fa ee eS yeatre ty > Ab. fee randy seats acct mS ' ‘ : P and
ve 7 P ve t) $ te . me's ee es ‘ i ‘ eee se PDS j 1 2 ve ; : =] . . * Ysa ee
: & * . A +: met A ' : 3.7375 a, 8 Oo oat anne ohn a > ee ae . an | wt 1 i ae a mei fe $430 nt . s a Fe
> ¢ ny +2. Mi t4. ae as 2. eS > 4 ‘ d Pes 3 a Me Miao cer or ae | ‘ £ 4 : : ? wer ts x . $ FS Hf. € $732.% S39 Poe ip o> Meee uteg tad « . °
$ 4 4 oe. - * 55 : a ss fe 3 463 s "2 1 - w. 3 . i 4 os ce .° tt Fy ea oe i rs Pad re ‘i? rere sa f z Rf Pan > es x Y 7 eds’: A
eet 2g a2) ¥ hi S04 +y =< = : em oe at int ig - fej Ye = ve o tek 4 “Sie { | 4 . % «qe = ie ome] +3 it - ot At ook A zre e 4 a” é at 2 *
se s+ i =- : - = oe ioe ‘ .% ‘ o” Se eB ee 4 FS SS }. 3 “te, Tae be tp ot { : - $74 eS ; SS ae gat $s Ris) # a 4 * iat af SX | gevey He ae OR bd ot He Pea ad
ee ae be ve - ° a Oe de ety So = A oe oh. Sad RES : 274% : det os i } Boo Fone y GB > fase, oe ey : i}: fe A Rigg ht y Seo ete ; 4 ° ass aaa
“ S, iw? . * - i: ie Ve Pe -f > :# jewe -)} 5 FES . 4 coe “ae s ‘f -%, | , KUbziss sy ree 3 4 see Sy Oe the i 1 ge .: ae ae + eh i - faa
2 we: e.g , > 4 ; e ¥- + = +. 4 ¢ _ a se Ff ai 4 Spr k Aa fan of Coe Se ies ‘ ‘ é ic . 1B Se S Be ny ug j i Ca. a - a oe “~ | aes ee +} a
« a Pe a "2 Z : es Ps * “ % % < . - + 2 ~ . : : < e Ss ‘ j 4 ong oar} . re 3 t z te
4 at 7 8 - ; - : 3 2 5 f oa i “a4 = oe a, wm it Pr ie ee | 2%, P-2$ -
Fe, , F. § ; ee: 4d ‘Te hi ¢ aq pea ayo e : apa rs Ede ple Pr se PTL Ee Oa ten Portal AO
«Ser 3, % & C Les ? $ . en <a s or -; FS } ae : : > “ea , og ae $ eed :
2 eee Six 5 - an j - > ’ 53 TBR: oe : om oe : tee
- > = ¢ 4 H 4, & ay = a :

tat GANTON, OHIO, , SATURDAY EVENING, JUNE § 26, 1880,
a i ak

coln’s policy, “but 06 stand undertheold|'° a erep ntig: S ai lei!
flag.” He since devoted himself to} ° ARTER TaE GING, .

|| Supervised by that emineut Denioctatip
| statesman. » Indeed, . : persons familiar
zal with_Hancock’s . political maneuyers

twas “ippiie from ‘Deneath : theirfeet, |

‘what they said when they pas a the Re a a

and within a few .m ments the were | ros
igh banking/s and is reported to have a bar- et Ato. wey. trorr for five eént: TNS thog’ it °
= : tér that chart! with un- it Ww .
‘express the opinion that Judge Black, | rel that could turfXout several millions tes, : = ‘Bea, as worth*half a dol
i y! m jacidates Garfteld¢ dH amt | ‘who is now #a Europe will take the | if desired. ao | co Some No Thoughts and’ Observa known rocks, unknowable maelstroms, |.

‘next return, steamer, and be here before

. Tn the Revéstrony e LH Friday more
* tions Since the Tragédy. i terrible storms and awful darkness

CHE | “PLATFORM. |

if ss Rope ling: Mann said: i G ought. to hang; I

= eg Hey eA. , General Hancock writes” his letter of i a ambi sot eta ordi eh crazy, that’s What i’am.” “Saminet’ fe ,

PEE j ii~ a . 1 “y wpe .

ya: dt soceptance.. a Pee oe What Mr. Hancock Must Stand On. : The execution of the murderers |it that his appetite wss to be cloyed, “piled: yuat are you giving us?” f

433 y 6 peat salt Made Statesmen au So or Lew 6 CINCINNATI, June 26.—Mr.- Watter- the jail of Stark county on Friday. was | these three boys retained. control of - -Sammet. went onto the fold with,”

i ely Military M aching.” THE CANDIDATES. son, of Kentucky, from the Conimittee tolerably. well described in the |second | their ‘muscles, oftheir facilities, of al w ahs on. All (fhe. oys Wore . ies be
ts Carcerat Winfleld. Scott. “Hancock. on Resolutions, reported the following edition of the REPosITORY yesterday. their selves, and never lost it until they, bd shes is irts ana ties, and utton-hole * Oe
General: W. 8. Hanéock is ‘a native: of Platforts the 0 was asopte unani-| That description, while eo and | Jost their lives, ep Me et ae brag din by Mr, ad

Are the Candidates Pennsylvania, havi bo {mousy by the Convention: satisfactory in some wa as bee | ee oe be ane es
Howe ad ‘Who y a, having been. born ‘in The Democrats of the United States y ys, , n | The Sheriff.

Montgomery county,, ih- that State, on
the - 14th «of . February, 1824,/He
graduated at, West Point in is44, and

_ | served. mainly on ; frontier duty until }
ES: siete and Unprofitable Hang, 1846, and afterwards in thé war with

pronounced creditable, considering the
difficulties under which it was secured
and the sho.t space of time. in- which |
jt. ‘was written and: printed. When‘

sof the Democracy.

: The execution. of these three ‘crimi-
nals was task which required. weeks
of preparations | and planning, and one.
which imposed upon Sheriff Altekruse

intconvéntion assembled declare: ="
- First—We pledge ourselves anew to

the constitutional doctrines and-tradi-

tions of the Democratic patty as illus-

‘tives at 9:30 this ‘morning. Sammet's
face looked. natural: when aid! a | A

it be considered that within two | as many and as tiresome tasks. as-ofte though his neck was badly. bruised.’
ig in Missouri. Mexico, being breveted as first lieuten~ trated by the.teaching and example-of hours after the fall of the deadly. drop | f + Sammet : said ta the | cir
4 | ant forgallant and métitorious condygt | * ‘long:Hne of Democratic’statesmen | the. Repobirory was for sale on the

and patriots and embodied in the ‘plat-
form. of the last National Convention
of the party. |

Second—Opposition’ to centralization
ism | and to that dangerous spirit of

weeks. For months there has been-the
responsibility of the care of three cons |
into my cell’ last. night. I can go. any.

demned murderers, . the. feta ;
feeling of. -dread of: the day | ta way but I hate to go that ay," ‘point. °
a ing to the gallows: :

come at last, the armoyance, . an 402 £3
perplexities attendant upon: ‘admitting. | At 9 o'clock this mornin undertaker” -
McCrea removed the body ¢‘ of Mann: ‘

and .governing. a constant » throng of.
| curious visitors; care of the prisoners | from the ‘jail, and-took it tothe English
themselves, attention upon their wants,

and all the. countless anxieties and cares’

about 9 o’clock Friday morning“ Sottie-.

in the battles of Contreras and. Chéru- - body ough to have thrown some poisen: *

busco: From, 1848 - to 1855 he was em-
ployed in frontier ‘duty, and from 1855,
to 1861 was ‘Quartermaster of: the
Southérn } district of. California. In
| August ot the latter joa he Was re
| called: to! Whshington, and when the
army of. thé Potomac was! transferred
| to the Peninsuts i in 1962 he Wag alfeady ’

fall to the lot ont man ina few. short |

street, with nearly five columis of mat--
ter descriptive of the jail and execution
scenes, it will be conceded that’ we did
well, Wesay this, not to: praisé our-

selves, but in exguse for some trifling
‘encroachment which tends to consoli- omissions and errors, mainly of a typo-.

date the powers of all the departments | graphical character. a |
in one, and thus to.create,. whatever be| - | A False Report.

ithe forms,of government, a real despot- ' was reported yesterday afternoon

os = ator Upon Which | ‘Those
- andidates are Tieds,

_—

ed News by. Hall and Telegraph,

stooRAT V8 vs. PLEBEIAN, - :

a} Hancock Compared to Gen-

i ~ terred. Mann’s face looks quite natural. . a
sm, >

Mm -eral Carfleld. ae
iqisnrxaT9%, June 23—It will be a
posal an old. West Pointer and
and anarmy friend of Gen.
“It will be a contest between.
Feat Pinter and a ‘yolunteer soldier;
eo a man born in the midst of ar-
‘surroundings, in a family of
oe wt a man bern among the
. between &.man who has been.
iol id educated ‘by . the gov ernment
4gl tbo is a mere soldier, though a
nus magnificent valor, and a man
ripbis fought his way. to the front
#4 tamgh bard knocks, and who has now

i wputation throughout the civili
wd as an eminent statesman, as Al

“3 brave and distinguished volan
silies ; and Isay this with the greatent
uairation for that-brave efoldier. and
me gentleman, Wintipid Scott: Han-
but it is useless:xiow to'deny what
ore the campaigt
that the Democr:
anche an (aristocrat, and one W
Taalizys been an army officer, to co
) the great prize with man who
“a team, Fram’ tha humblest classes.

a ‘Brigadier, General, ‘with’ the ap-
propriate command in the Fourth corps.
His first opportunity to imake & mark
occurred at. Williamsburg. — He: ‘next
distinguished . himéelf in the battle ot
Frazer's Farm; and. subsequently. took
an activd patt in: the campaign in

Mountain and Antietam. ae :

At Gettysburg, the. first” aby ot the
battle, July/1st, 1863, he was sent by
General Meade to ‘dedide | ‘whether a
decisi rE battle. ‘should ” be: given | or
rm. the army should . fall ‘back.

place to fight; and tuok.immediate com-
mand until the arrival of Meade. - In
the decigive action: of July 3d “he com-

tbe terrific onset of Longstreet’s Con-
federates, and being severely woundec-

.| meanwhile engaged: in
B 4 Beookd’ Arty Corps, /hich was, ‘placed
under his_command. At’ the opening |.

nt

>| General Gtant, he. bore a promi

‘Maryland at the battles - * South f

reported that Gettysburg. (was the |.

manded on the’ left center, sustaining |

and its

|. vA hy t
Being disabled by: his wounds, he was ballot-boxes with ? tepops: and deputy |

on sick leave: until’ ‘March, 1864, being.
recruiting thet ce

‘of the campaign “of that year, under

| nart in the ‘hattles-of the Wilderness, |

Np sumptuary aws; separation
of’ church: and State forthe good of
eath; - common bchools fostered -and
protected. |.

-Third= Home rule, hotest money,

consisting of gold and silver, and paper
convertible to coin on demand. The}

strict maintenance of the public faith,

State and National, and. a tariff for

revenue only, 7.” Seon
- Fourth—The subordination of the
military tothe civil. power, and a gen-

‘eral and thorough ‘reform of the Civil

Service, 2 se. iy
Fifth—The. right to a tise ballot: {8
the right preservative 0 of all rights, ‘and F

‘must andshall be maintained in ey ery

part of the United S tes. |

Sixth—The existing: Adwinistration
ig the re resentative f conspiracy only,
aims of rig , to surround the,

marshals: {0 intimidate and obstruct

the, ¢ tions, and’ th @ unprecedented

‘the veto to -m if in its corrupt

and ‘despotic power insults” ‘the people
‘and imperils their institutions. “7

- Seventh—The great fraud of "76-77

by which, tpon the false count of. the

7g lig 7 ge lp to: te SObantaa tha Lt tte

that Assistant Adjutant General Smith
came here from Cojumbus - having:
commutation of the sentence of George
Mann, to be presented the Sheriff. in
case Gustave Ohbr confessed | that. he
alone struck old man Wattmough | the
blows whieh endéd his. life, and that
Mann was 4nnocent ‘of actual ‘partici-
pation in the murder... But: ‘the report
‘Was ‘groundless. The. Adjutant had no
such commutation, and it was, doubtful
quite doubtful—if Governor. Foster
could issue a document: of the grave
importarice of a commutation to take
effect at the option of a gubaltern. or
upon astavement to be made informally,
without record . {n court and | ‘unaccom-
panied by oath or. judicial ‘supervision:

: o Bad... | |
Ther rumor had it thatin consequencé of
the supposed existence of. such a docu-
(ment Mann ' and -his friends made one
\nore effort, yesteiday. orning, ' ine
duce Okr to’ exonera his sien ee
in crime. \.

‘It is i to’ think th at Obr and Maan |.
should have died with enmity between
them and with seriogs discre ty be:

tween ‘their: statements. |: Orie-or the |

which Sheriffs in charge of condemned
criminals are heir to: Then came the
near “approach of May 7th, the neces-
sity ‘of building a gallows, etc, and +
then: the temporary relief of a reprieve.
June 25th approached, death-day came
again, and the strain upon the: mind }
and nerves of Mr. Altekruse redoubled.
The dread, hour arriv and but Sheriff
was -equal “ to“ the emergency,

‘With steady yoicé and hand, as tenderly

as was consi te t with firmness, Mr.

‘Altekruse petformed all his duties.
‘The dying boys grasped “their exécu-

tioner’s hand in ‘gratitude and esteem‘

theif friends and relatives thanked nim]!

for his: many acts of consideration- and
kindness, and the end came, ‘Tlie exé-
cution of three criminals in @ narrow
corridor is | a difficult task—a task
which requires’ perfection of arrange-
ment, courage, coolness and decision—
but. that. task was performed by ' Mr

Altekruse with complete success. Gen:-

tlemen_ who witnessed it, and who had

seen many executions: ‘before, were loud:

‘in their. praise of its successtal. secom-
Plishment.
Through all. ‘these “tris

Chan? hae: hacen - tha «a ealm. un-

jog werkt ita’ *

Catholi¢é Cemetery, ma it was in- ° ae

His face is bruised & little. Ilia body
was in- a handsome cag, andsomely i:
decorated with flowers. Laas,

Cleveland Herald: The anton Re-.
POSITORY issued a great it edition
Friday, givinga full description of the. -
execution, the crimes of th murderers, :
‘their arrest, trials, prisgn ‘life; . pnd’
efforts for commutation,

timely criminal literature. ee ee

“At about 8 130 0 ‘clock Sa ned moro>
ing Ohr’s ‘body was taken from the jail”
py. undertaker Barkley dnc to the Row-)

a’ ‘cemetery, where . it was. interred).

n a handsome coffin, the g ift of Bev eral.
sharitable people of this ‘city,:. Ohr’ 8 /
face is in a more life- ike cobgitiae, forae
than either Mann’s or Sam met’s. oY: ae

‘The following were the sheriffs as.
slatants upon the gallows:
Card; Richard Powell, ‘Le i McKinney;
Marshal Riglery Andrew, Lothamtr,
Isaac Hassler and, Sherif
Wayne. county. Th

Samuiet wa

cuts of jthe
murderers and: the gallows, bere 0 hers g

eputy no

Coulter, of.

latter held the ~~

lever while Sheriff tekruse . prepared: -

| the noosés and ae on the black caps: -
to talk through the ° (2

| REfostroryY’ telephone, |and. wanted rvs

2 7 a ¢ Ce VU sees ce OD Bd dy YER AXE es EEE Beicce: BLreels.

30N,~ : ~ came tothe Fifth street side of the jail ; Z ae ae wonderful ‘digcower
¥ a . o fe y of ‘an emi
ae Tha ae N. Jo Trodo’s teams at all. | the: ‘thtee ‘ bo} a peered through ‘the iron}. The Court House yard presented @ war , i al ini ‘ if you are troubled. with fever. and | French | physician, and has. proves Re wok
pete epuiie dey, delivering Connotton “bate-with eager. interest, and a lirge like appearance | last night: \ fa “Nearly e saloons are open, in dis ague: f dumb ague, billious fever, jaun-'| self in thousands of instances to tao
‘ip Bq crowd of pedple stood py the outside of |” - Adjatant. General ‘Smith is there, to rréct qpposftton tq the Proclamation of the | dice, dyspepsia, or any disease of the | best vegetable blood purifier known au
‘ipSqus arly ml fromthe Expire. mines: tet dhl : . Mays Bey gfe = liver, blood or stgmach, and wishito get | medical men. |It never pier know Nadi
4 estat tine take orders. Try his coal.’ the jail, vainly/endeavoring to .-: 7 {assist the Sheriff, if in min the | welttry the Be | ally curciser : Lae
af A met] . command of the militia fi Y new remedy, . ly curesScrotula, Syphilitic disord sts
ay ® “a a0 ~@ 1A GLIMPSE th epmpa at is Fify~four of Coup's circus people, in, | Mette’s French Liver Pad, Ask your | weakness of the kidneys, all neryous
is | aE Aloe Ir ils ConcERN, AN de ' -of the jo tmmpriscuied. About eight o’ lock The ila méan biisinéss ‘when: they | cluding the nine J apanese are. registered craggist fo it, aud ake te Oe a if poddieees r ublege TE ae ak Hx:- nee
UB SEs bi foreby .n Otified not to- sell r Bheriff, “Altek ‘récelved. a dispatch | ®8¥ halt! i: Bewere of bayonets. . | at the Ogden. House, i oe ‘| 4 to the Freneh pysend Toledo, “O and old feel full 0} youthfal Yigor, and eee: or
ip the hy any. more photographs of Jobn ra ‘Governor Foster, stating that As: | «It. hk sae large crowd jthat stood on\ Ld litek > : | receive one by return mail. “d&wiw. young ene energetic and gay, ‘restoring dre
A a tenet: 2 Respectfully, tek sistant Adjatant, General Smith would be | Fifth street, Bearthe Jail, spresterday even- x Bucher, ' Gibbs & Co, the Pioneer Foun- For sale by Durbin, Wright &.Co.. t ‘manhood and’ wom ee
a she FO Srsra axp.Ormins, ‘im Canton on: the. 10:25 o'clock: train that ing. [ i “dby , Willis; Betiskin & Uo s and A Ball & = | olally Tenth e disease. has tends EUS
|} = my ( ‘evening, and that beshould meet bim.| The gallows underwent a last test] last ‘Co blosed, hele works to-day, | LP ay “rr oor ners ’ ap Shon doatatae® body sulk SY
i's regatta of the EcHpse, Boat The anxious bess, bearing of the expeg | night. | The ropes are eoiadinaee a8 to}. =, ichols’ Bark ‘and. Iron is pleasant'|: the T corivinee yo ghee dts
Go Fi “Partles’ who ‘came in on the Val ey and grateful to the.taste, having none an uo Py:
es for Angust llth. The ‘ed arrival of an officer of vernor Fos- slip weld |: ; Rall Gani ey of the inky flavor peculiar to iran rem- as. a/ health newer. for it “eed eee
b isnow One of the National | ites staff, at once indalged in hopes of 1. Phe ddgte mi is hear on te BL aren road. will be giyen an opportunity to ‘edies. Its use isinc icated in Dyspepsia once to give, new life and ‘new vigor td-;" —.
a ssociation, and prom- |). _.” COMMUTATION, "|. ‘The fotlow! witness. evening performance of | Nervous Prostration, ‘Loss of Appetite, both’ an Imind, never failing to. ~
this ear, “ int he following militia dm panies 8r@ | Coup’s circus, as the train will not de~ Headache Boils, ste? aa -| remove Sotome’ ot any and every... |
tod ogatia ae ° ‘| and allowed themselves to be ‘raised to | beret omeworth,; M illpng aero part until some time after the entertain- a } yr | disease t that ¢ n be cured by cleansing,’ |
ye 8 piteho! excitement which buoyed them Beach | bity end Alliance 8 ment is special ee | } | wre renovating, lrifying and: an ete Ee. - bf
a Coal Company Ofer Bim oe ee asin, buy aid. not The“oya 1a bias” “done A@trd daty ae pitaph om Boger Bacon. "| | pg the buan evs, driving ea aS.
Ohare onder of. peal is Seated: make Sammet lose his desire last night and the peopte in’ the vicinity |- The second alarni of fire at about mid« | One day while trying his. corns to | heir to, and building up new, ‘health, |
hy Fi; Sl be telepbo edt. NJ for freedom, for at’about 8:30 o'clock, a8 | of the Court House heard te ‘corporal | night last night was caused by the Kim- | 57, mow ot dcut histoe ge | 1 Dew vi oF and new life,. ; }arge que |
: *n on ‘the. ‘tornker pened the corridor door. call’’. every fow ininntes ie _ hip ball warehouse beginning to. burn silo, The: Ww ea ipped orew to hist gi. bottle, ; sete ise N; W & Co es res
te ; ~ | opening into’the vestibule intervening} | - a which. took fire from-.the Aesersio That wag the cause of Rogers dying. | aus Retail” nN fugu & Sere ci
Ninh a é ‘between it and the stair déor, to let out Quveraee Foster’s 0 inlon. timbers lying about there: - The al a If he had Eélectric Oil, used and ta en. . County, *. lecz2d mthetw ve tt
sin do ng guard duty, ‘his morn: several reporters and the priests, Sams]. - P -- |-was sounded by Willis, Benskin & Oo’s | He might quite easily’ have saved his |’ f-: aaa oy ee
re pangs real soldier: life. ter met Blipped unobserved |to the vestibule “As there are a.number of reports éur- watchman, and was sooh putont by Hose -Fursale mt rc fee T ; ie ue
; =e ir beat. in a afeady ral | 444 into acell opening! {nto it. When|rent on the streets, regarding what} CoNo7. | . | eer orave Somers. . des ny | “Loyal, NOTICES. : ny a ge,
— tal balfan hour thelr military. . the gecond ‘door at the head of the stair- Governor Foster has said about com- 1 <<< [oc | ‘panna bh ann F
| : eae ont at thelr floger way was opened t | muting the-sentences of the condemned ‘The morning trains on the Conotlon Grape Wine for Communion, aoe you wani cheap snd destrabie Boobs snd , | nA

re]. The superior ¢ quality oand | entire = nate os bg Beco pa i ae ;

purity of Speer’s Port. Wine, of New: }. x ae

i. | Jerse , and the success that physicians ge!
haye had by its use, had induced them $10.60 Reward: will pata fo any” na

rt to write about it and: caused hundreds. one g¢ Iving infgrmation of at yone violating

ll- | of others to prescribe‘it in their practice } the cams law,, particularly: the “killing: of*

s, | as the best and most reliable; wine to -woodeocka, befare the 4th Hay of July. tet ao

3

s KS
He te

. g 7 Ae HE MADE A ABH '. - | Boys, we give the following remarks as | Valley and, Fort Mag tarseree
‘| Past the. retiring gent emen and. was | made by him to Mr- George. Baldwin | all well filled, The Condotton brought
ate Bebool gralvatiog class 2 pcs Da several steps of the|stairway, but | and others who returned from jColum- | ina flat car loaded with people in a

amet yesterday, Con-j 7 ty! caught’ Card. Rim by the arm | bus yesterday, having made a last ap- tion to the regular coaches. - The
S etweenl thé telephone | ad witiyLewy; thé turnkey,brought him | peal in behalf of .the| doomed. The | Wayne and Valley roads have been

House and thé one atthe jail, |:
back: panting with. excitement, anger, | Governor said that he/had given. the ing excurgion tickets at reduced ra ;
t tle ‘fru be had.. It 1s held. t favor for jsut Qiv2 j) , cgay eS fee te
efalned the class. with bis at stration. of His nearly success | cases a careful and ching investi- mt Cady ction «| maintained its us al commiuaion| purposed. aed dat bea che byte tl - Box$ Le ¥,
a _——_ eT oe fal pte When Sammet was returned. gation) | ‘and - althoug he had his rates. : reife | enre for sum ptives. For. sale by os ; 4 aoe Coarerasenee ae ii pihes Vo
Xe | to the corridor Obr sig to the Rerosrtox own opinion : about the|justness of capi- ¥ Draggists. edn | | LL adds’, Gent’ Mines dna c idea's ta,

“Kimbalvs Warehouse ‘Barned.
hment, and sympathised deeply
Proscilla Rapp, Plam street, have lad)a revolver cat re ° with ‘the boys, yet he ws an officer | Last night about 9 o'clock fire SE i of
vars eee Beeday Event | tea iee ave ago? «| | to do his duty, {and as he could | discoveréd in the old Kimball ware- Daprees Ol 0 Beauty 2 Sr

moon Waung street. |'i.4 fellow that stopped Semmet."2His find nb good: and legal reason on which | house, situated along the: Ft. Wayne For. the iCompléxioh. A” charming, JOSEPH BLAIR,»

Mao frame of & better | eyes and: facial expression showed that: | aco utation could’be asked, he deem- railroad track, east of the freight depot. banger oy f tee the. patie, qleae. a
= 4 Be, yeant what be said... Samimet retired f iq. it ie

| Violatibn,, of his duty to make | Thé steamer and ‘hand and ope m- | beauty,4 wh te, 9 Befipoth, and: free frien
‘ ‘pis. cell and and. said “Dama it, if I} anv inte C6, * Het that it was ‘panies weré soon on hand and in about | spot or. blemis -revents ‘tun, chap- |:
ra e Vignos- Ha annouie | bet given’.my ‘Goat away, and could astraggle between s pathy ‘and duty,,| balf an hdur had the fire under eon Tol ding. Tg ta tia Sid by Gel af peKes
§ 80 Bi inday between. sie Snare’ be|* hayp bad my coat on I would Me | ~~. and that efforts for commutation in the | The work was undoubtedly that of in-) mar dodéewiy y a ane |
&a two: 6 IJ: iat af i x GOTOET; yp | remaining eight cases of persons 1 under cendiary. 2 employee of Davis'Flour- [: + ms Ci ceees e

tw the afterfioon/ This’ Eig) t+
fat sccountat the chings, is vexa jon-was. terrible, Just on: the sente ce of death in hio- ‘were being ing--mill,,| who.. was ons of the frst to Cold hands and feet! constipation a id

Witla,
te Bell of the Bt Cloud hotel, 7 BY fepresentative: “By: God, if I-woald tal pn +} T snees ana Gaiters, at Surrayn cheap:

oP Papretge py

u

4 z

ery verge of Uberty,, a, chance for life, | yrged| upon him, in none of cwhith he | arrive ati the scene states that some | +170 ‘biood| are universal “siiong “the in

oe sa ST 4 pitched bagi ‘into ihe iron olad car- sth y takeli any steps towars chang- | straw. ina freight car standing along- | “gentler sex.” A little care and expen Lh
She Es py B ai "2 hich na sO rong of denn ing tai pentence of the court. 4} | side the: vee was stinralen daly we ull relieve them, ; Equalize ue ie clr. hae
anag AB} His expressions | we Vex Sea: ‘| kerosene, the odor of which was plajnly neys in healthy activity. This, ig 3 Je

(the Connotton Vals: tldds nature thas: row; ‘he seemed in-
a Y;. left tovday for | col rhore at the efeat of hissattempt
= ‘Degotlate ‘with the Pitta-| at ihe prosp of: death, for he soon
$700 and Chicago Hallway | ained cheeriness, though’ inthe mean-

fk bog Pad perceptible. ; Shortly » before ' ithe | aone by usin f. Guilmette’s French:
Ai Paints 4 P eople. 4 alarm. . was sounded, eight ” men | Kidney Ye hice has been found in-
, and, 18, vieiting at were seen passing up the railroad track fallable inj-all- such cases. } It is-far

leasan ‘be cured. by: this means
GES” | in the direction‘of the ‘warehouse, one -pleasantes. githe stomach with buchu

in srossi ‘ : eas in *
Spe Pee the Fosters ng of the, ti ite Ariba! +e an Fosisr r gets | Hairy Evaria, the ' sntlemanly Props of them earrying.acan supposed to ¢on- eniten, ir iran. end all such nauseating :
“ce jayne 3 og on w S52 | Fa en I aps | of Coup’s circa: j madeus apleas- tain ker ne, in ‘his hand. - The object aeuga. Tht sale of this pad is said to}
| a ea aes 7 RD lara vet Gone F Jee nae et, this morning. |). "| int ‘is’ not.-known,’ although a exceed all’ oop eid of Ha)
_ | tbs et » rp te se . he: We] in Prett
J Nee y LIGHTNING | 7 3 | hilst ‘this happened, ‘Wana was pate ree | Loulea- Sank of: ‘Cleveland, ds rumor has gained. eredence that it merits,’ ce trek & ont: ATS 1 |
fr visiting at” “the residedice of -beriparents, to create a diversion in favor of jam- zg Darbi Wrie ‘ iz 1 ee
ner gts harap confessioh to Rev T P ' é For sale y Durbin, Wrigh & Co.” | ‘alt Hata i. 1
et inaptiea dated x ofthe Oleveland Carbodral, |Dr Danziger, on Bait Fifth birest.' ‘| met, so.as to five Hen copoly et re seek coe eee ROE Ear 4 Size aoe dead me
ren -Abont. bix'o’clock, * hd Sharlly before confided + Ww ‘Co, and/ wif Carl Antony and attempt | escape., This is, however, | -. |. <_< Fe i a bP ON COUR seiteE
to vines iin” a heoece rk sone Rector of 8t James and wife, HE M Cartnéy; ‘Miss Stokes,-Wim'D'| propable e'and. the real object wag no Ae your pert a a ahd “est : Fourth end;Pit, Back of,
ef 4 [se Pups, charch *at al: Falton: |-Haga: », Harry. Buckley, Ir; and Harry Beery @ By, usa | @ Nichols & Corb. 6 reme- ai ft cate’) Pebes bas beset
te Father Vattmas. bas Tabored’ for the pest] Ev sof Cee " motenigbe rs Pe. bers wae los at: A ewiaes La of

-meonth: almost incessantly, for the com, | Clon 4%
| endation of these: Boys: - He said of the _ Th  falowing ‘newapapes’ <cephedenta
Yl eaveraors y ME wad _warm’in my ading the execu-'
éMorta for 90 commutation, but.I believe ton: BQ H Mg ssillon 10a
Goverbbr Foster did wnat’? ') 8 TSB ienie ‘Gigveland ewaaty 8
faut +I FA * Se cokzorkees Pom TxD: aed ate
Mase, ere do; and though Td rath:
f different anawet from ‘the Govern |.

ties honor him f for doing v what I I believe:


tho Bo garerts ih ¥

~ ats =~ *

ei Two Terrible Murders Most

t

_

. fc ees :

5 aE last Aeon, Hours.

* the Deati Penalty.

ae — . a3

- Gustave hr, George
» Mann and John Sam
“met Hanged,

t

i
.

we

~ None of the Trio Boag T Twen-|
ca _ tyrone | Years Old.”

cat 3

‘Tie Lives For Twa is the laws $

Dread Atonement.

ri

"Terribly and Amey
+ Avenged.

<

—

em F

Sens in the Prison tine te}

en

| Wonder Heroism in the
* Face. ofa Fearful.

a a es cole
ee at It.

GA °
a

De Nee Broken’: ‘and
_ Three ‘Souls Sent to.

| the reading was | finished the Sher
culprit arose and said: “Well, ‘a got to

“BLE m Ready: pes

For.it, al The. two, th cena:
and the prisoner, then sat down upon
| the narrow - bed, : cloge by thé side of
ip each: other, et Smo
- | cigarette, and jooked : on: The
sean words “to be hanged by é
‘ete, were read, amet never !
and’ continned | his: smoking if. the
a | Sheriff were informing. him of the re-

sult of the, Cincinnati, Convention. As
and

‘come and there’ 8 no use whining about
it.. Iam ready.” ‘ And then he restimed
1 his cigarette as Mr. Altekruse eee:
ulated him upon Fe

>: His Bravery ae
‘And good sense, Suchrare e ib tion
of fortitude under a death sen ee is
| rarely seen, -

Next: the Sheriff’ took Mann: into
Sammet’s cell (at Ohr’s sugg
that Mann’s grandmother, wh
the all with im would not | ie
into

-A Fainting Fit. . ae

hééaw the big documedt, with its black
lettering, and looked at it with curiosity.
The Sheriff to} him he had imathing
of necessity, and though an u ipleasant
duty it would) have to°be performed.

ie pes then looked | over the: Sheriff's

shoulder as the words “to be hanged by
the neck uutil dead” were) ‘reached

‘ously. As the Sheriff finished neatink
Mann broke » i a

_ ¥ Tears
‘as he grasped. tne hand of Mr.” Alte-

following is a. Aerbatim copy of the |
‘death warrant". i
) The following. is ; the warrant, John
“Sammet, verbatim: .
-TheState ot OBlo,b “In the Court of
Stark. County, 8s Common Pleas.
' Wheras,, at a term of thé] Conit of
Common Pleas, begun and held in Can-
‘ton,-within: and for said’ county, on the
thirteenth day of January, in the year
- Fof our Lord one thousand’ elght hun-

then pending | in said Court, wherein the
State of Ohid was plaintiff. ‘and John.
Sammet was defendant, and whelein
the ‘said John Sammet.was duly tried
MURDER in the FIRST-DEGREE, it
“was the judgment of.and sen
Court:' “That said . defendant.” John
Sammet, be taken hents to the jail of
said county, ‘and. there confined::and

Ee, bin thag i J

4 safely ‘kept’ in a! ‘cell until.

his |

‘| itensiwed soe what surprised: when.

Mann * shudde ted and twitched nerv-|

kruse and bade him’ good-by. ;« > The.

dred and eighty, in'a certain’ prosecution”

for, “and. ¢onyicted of. the | crime: ‘of-

noe ot the:

ag eres

5

‘riday, the |

The REPOSITORY gave him
a ‘quarter arid‘ in. 16 minutes he came:
back with a fragrant Havana anid. re-
‘marked:. “I. “6h. ampking a 2s-center,
‘Put that down.” 4.

pas

| Obr wishes to say ‘the following t to:

at 10 o'clock
“At. the day

the public, which he wro
‘in the REPOSITORY. cell:

[of trial my. outward appearance might

Have . been’ cool: ‘and calm, but those:
skilled in, reading faces might. have
seén more agony there than the pen or
tongue can describe, I don't. Hany no-
Body, to think Tam indifferent.
| iets Ge ‘A. br”
‘Parting.
at 10 505 s Miss Meyer and Mrs. Maan:
left George . for the-last time. The
scené was a very sad one.. If seemedas
if Mrs. Mann would not be able to
leave the prison, but’ she was torn
} away.
Kissed the young man as she left. -
ee ened . Consultation. 7
Early in the morning Sheriff Altekrase
and the three boys gathered together in.
one cell and had a,consultation regard-
ing the coming events of the morning.
The boys stood around <Afr. Altekruse
‘and talked as naturally, as ever. They
all agreed that it was as well to do the
thing up 4s soon after 11 As possible,
“Eknow its got to. come, yand. lam
willing it should come at any, time,” Te
‘marked Sammet. ane
A Luneh, ~ 7 a
At 10: 16 the assistants of the Sheriff

announced that lunch would be seryed, 4
| in Sammet’s cell. The. idea was that

all three of. the doomed should eat to-
gether.:- Ohr, howey er, who is offended

at Mana for what-he calls his “monkey- 1 -
shines,” retused to eat with Mann, and |.

came over-into the RxPosITORY al).

‘While there he remarked that Mann |

_was putting 4 good deal on, and Was
trying to induce him’ to change his
story. “He goes too much on religion,”
‘said Ohr. - “He might as well go and
soak his head,
this be not published, but’ the public
must allow for the condition| of his
mind.. we i faa cea
Ice Cream... ae
“After ‘he had finished his lanch Sam-
met, brought a dish of icecream to the
REPOSITORY. cell, and ‘when bade
-bye, said; “Good bye. “But [I'll say
good byé to. you in there (pointing - to]
the’ gallows) if I do not break down too |
mueb. And Vl try not. to.”

re ; cat Wonderful. ja

“Che

At. this hour, 10.80, the boys began. to |

hold short conferences with their spirit-
‘ual advisers, and walk, around the cell |.

Lt ae 4 enzetatri. wh 4 ce ee ee ig

i surrounded by his friends and advisers.
jAn this time not a

Miss “Meyer next | piteously,; ,

‘ready, and shook hands withallaround, |} ©
bidding a special farewell | to! the RE-{ im

i self vigorously, but. with acalm coun-

Ohr requested-that }

3
| Bi niiiat nine h

pealed eleven o'clo c
was made that ‘all’ persons ¢ excepting
assistants and’ min ters W ote leave
the prison. The REPOSi TOR preven:
tative: included himself: in. the la

- 7 3 | i | Y . ia a a = bi ; -* at yl {:$ { * Ye. ote Pe ese SW ce decay 8 == vias
- at — meee te — g Hh Gate we eae irs Endeassdnatinghteas Reco ES cmacaa
aoe dae ariel nine -f-tontiy end-calm ysWwithout shu der or: ing” thé~ RerosiToRy. = representative | hr gai “al a ania Paar og | ERT aa R90 =
8 | exclamation-- ‘ His coolness w p won: [ee is pencil, remarks énd | of her ldvingly to the last.) made |: Bis] Aue 57
: a 4 detfobsi > pee ed ae “ Bibersated pomselves:| SC, ‘Very earnest prayer, irmplori ag divine | pee
+ + 2) eae 3 Pg %: we aklk . Were fo ways” “A Fo ndptrs Ds “hei Ad. \ pand strength n this: bogr of expat ant ?
fae oh | Sate tata One emda eae be
ca 5 Ea » the x6 mm ten di. e ctrirl iW h. elt at he: a
Tis thee inte court house'steeple it |

class§ Then began ’ ‘he final prepara a | or

for the awful event. - In the. corridor
below a large crowd assembled to wit-/|.

ness the drop.” The assistants gathered.
At 11.07 the’ depu ies: came upon the
‘scaffold and made | e pad
‘f/f Final Preparations. Poel ee
"In the cells each of the doomed was:

cry Was. heard, not
amoan. At 10.10: he scene was & calm
but agonizing one. Priests ‘and minis-
ters in the cells .of the doomed; the
crowd hfimming. below, the. ministers
giving their last instructions. _ {|

i | Nearing the End. | i
- Atii:15 Father Kuhn, of: ‘Massillon
brought Sammet into the REPOSITORY ‘
cell for another good-bye. | John had,
a smile upon-’h “face, ‘said he | Was:

POSITORY.’
At the same hour Mann. was. Boating

up and down in| the - -cortidor | with

, the arinouncerhént, ae atlas by pe WS SG SBT TS ae the

Father Vattman. Obr was in pi cell 3 ms

and was. calm a ad collected.” A’
seconds later Sammet. walked | up and |
down the corridor, alone, fanning him- |

tenance and dogged look. upon his face
The allows. es ee

.

LA. 11:27 Sheriff’ ‘Altekruse ‘and J jee .
on. the seaffold . and |

few |. ©

“We alwasre hh
line of goods, a

2 FA ALL f

ave On. n hand alan
id will offer an

j
Run Or

RADR)


BA ROLAY, John, hanged C

olumbus, Ohio, on October 4, 1872

‘THE DEATH PENALTY,

Rocetion of John Barclay, at Columbns,

his, Yesterday, for (he Marder ss FE STORY OF GAworR’s ROBEERY
of Charts F. Garner, aod hia sutwequent death spread like wildfre

" . Bewas © man of correct habite, was generally

A Brutal Murder and How It Was esatact, He was seen to leave town by bis many
Committed. Sends om the day of the ceath straggie with Bo
: oteendaat, How be could have bees assaultea and

. —_——— >

: an Gerstand. Garner's body was ‘carriea te its nal
The Last Moments of the wat ae are, before suspicion directed Hself to the

Condemned. TER WURDEEER
ae |p the maitiplicity of conversations upoe the
ng saject ef Garner's death it became kuown thet a
J man had been seen crouching beneath the box of
| 4 MEDICAL TEST APTER DEATH, bis wagon oa the fatal afternooe, and a deeceroncn
‘ . So 8 oe of him, with his biue evercont and a hammer handia
. Corvmnva, Oot. 4 1972, . , Wretreding from the pocket, led to the arrest of s
Gu the 2th day of November, 1871, Mr, Caries young man by the Rame of John Barclay. On the
» Be Garber, a well-to-do farmer and stock dealer, of women dope mgt after Bar.
_ Dubware county. the adjemning county 40 this, jen U1 mest, lnk afer e chain ef almor
_ hs Domne, about aixteen miles distant, in'nintoen Youtivd evidence Wad wound bboot 183 young
| with s load of stock, He spent mest ef the day ta man entil it became certain that Garmer's mor
_ Ga WMneaction of hie besinesg here, and left for éerer hed beem really found. AS the Msy term
_ bums between two and threo c'clon im the after. of the Court of Common Pleas ef Frenkiin
wren of the sane day, Uitte avemming thas beseeth Sora Ty tare ity, le” Rage ~ was --caited - for
iN Ge ovat of Ris stock wagon lay eroeched 2 man ‘rial, George K. Kash, prosecuting attorney, and
, Wo NaS engapre his Rovpitetity aad sree ft hp _ <Hlea. George L. Converse representing the State
- and who wontd soon afterwards, in the ap . Tedge W. RB. Rankin and H.C. Noble, two of the
| , Mamptte red aie, teke bis hte, Whee 'on8 Gye mfiee mex prominent attorneys im the city; came forward
Som the olty, wnse Waming shrench. - eeveréa te plead for Barciay’s fe, The trial was bad anu

estas over What iokoows of Alum Crock, be was aul a | a

Y Staddalp deekt'a blow tram Dehind whieh feted hima

rabeut tree miles from the bridge, which he en.
dered, covered with the evidences of the most


fa ptery
cae anil
comes et 3239835 pia pibtia!
bsay aed P4angHit aA efi gafiil ett
eeerverr tants sate Lilt i ae tee ‘ ene
~ itt aaacks 3 age3 fn rf Hay 4 teak ry tt] rE 22335
al ENBnE aed pecs ik APE Hobe “fi he
fe pail uit Hani eee at rE ee
ey ArT ; sbatbatl chit Pre Hits ayia Boa 43492 pibisiss
iy file ay put ii Hasllitaits Ba ff eae
pa ae fai alia as posnyhe is rfl peti Te MPT
ee iii ia iia eed iat
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F gi-ges be
Hd dite scat ital
sn Ta ERT
yaaa tac eeicaiie TH s iH ahs fai 3
Patt Hy tlie rf id F : ie
HAHA ee felt sae if
3s z > : = © Hote te
HH hs ee i
258 At Aeafd s! ait ir
; taj fy Ht Hy EE
se FSS 3 Fated,
Ue a tie
funieie ite Hh Heit Gull


ote

: i

aes Brzag* ye 3

“ Bre Te

nel ni He Hee

7 i i Baie Huiee
: eltegtystarise fed EF

tg ee
th al
ee Sey |

+

2 tiancenimarniten cg TE
. © * TRR FUCAL RELESIOCS SREVICER.
‘When the officers unlocked the cell vad the com.
¢ demned man saw bis friends who were to give hime

 gnai preparation for death he seemed considerably
im preesed and for the Srat time showed soune

i

and
rites of beptism the gfe gee a3 the
pt ony vc hm joined seemed
Near cleven o'clock the few Te
acdmicondon,

ceived cards of Here
than twenty im al] and greed of the
press, were admitted, ‘ ve minstes

the en do opraed arene quietiy te most
papi an' 4 by tg his tiene Fey ones,

fay warrant he re concerned Wiea
Qnished reating the mas,
wor! from_anr ene, oat esil, took the

Shen ty the arm.
began

: Tan w oP BRATS,
| popping ROW and then at the dimerent cells en
way to did his fellow prisoners goedhy, and to
a tind w sag As be
the 1 8

betgins
grated window

When on the scaffold he tock & goat betwee

two epirite! advisera. aed, ‘after moment's rest,
ig Wieck lewerely Rev. Mr. Me-
Nulty aroen trad .@ pamage of sad
| thew Rev. Mr. Moore foflewed with an tmpressive
prayer, in which Barcidy joined frrveatiy. After %
was fitianed Sheri@ Thempeom came forward aad

If you have anything to say you will new have aa
uppertnnity.” Harcley rese from his seat, edvanced
arm step ead said :—~“Ceatle-

ww the trap witt
me DP, 4

Deputy seedrif eye Sev advanced and i
ping dr him, aad ae ao ey

* geod turned toward

js whete manner ge the sc—asoié
\skowed nO wiving wey: ead, while |

lected naturally. cellar and neck tse were

off, he assisting todo it. The rope Was then. ad-
| yuated by the sheriff, be quictl erry: he chia
| that tt miges be tightened propery. As

stepped lack Berciay begea to pray.

F

Larbery caine. sorward, put va the beck cap, aba

at eleven mingies tw twelve the drop fell

| Yet theke Was not the sm evidence of giving
way, 204i a8 Oot Oe wntelaed amd reed the |

orersng (Way OH WIALT pae Mose) VHT) OF PIA
“gqpod my Wt pacmda: sem sey myer {0 |

73
3
3
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3
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F


By H.L. Spade

Special Investigator for
ACTUAL DETECTIVE STORIES

cott family came home from a New
Year’s visit a half hour before
midnight.

The father, C. James Endicott, an
insurance executive, walked on ahead
from the garage to the front porch. The
Christmas tree still was lighted in the
front window, as they'd left it; it cast
a dim, multi-colored glow onto the
porch. Endicott noted absently that
something was lying on the floor in

2

Te night of the murder the Endi-

front of the swing. A doll of Beverly’s,
he guessed.

He fumbled in his pocket for the key
—futilely; his son, Jimmy, must have
it. The night was chill, drizzly. He
called to Jimmy to hurry up; he
stooped to pick it up by its hand.

He touched human flesh.

It wasn’t a doll’s hand. It was a
child's hand. It wasn’t a doll lying on
the wooden porch floor before the
swing. It was a child.

The broken body of little Sheila Ann as a neighbor found it, ~-
and left, the wild-eyed, grinning youth who fled town too soon

BEACH, Harold, white, electrocuted Ohio
(Cuyahoga) on February 2, 1919.

If There Was Ever a Slaying the

Cleveland Police

Had to Solve, It

Was This, the Inhuman Murder of

Little Sheila

Tuley.

But How—

Without Even a Trace of a Clue?

Endicott called to his wife, ‘‘Take
Beverly in the side door. There’s
something the matter.”

His son came hurrying up with the
key. ‘What's wrong?”

“Get the door open.
key.”

Jimmy gave it to him and he opened
the door; he walked through and let
his wife and Beverly in. He went to
the phone, called police and said, “I’ve
just found a child's dead body,” gave
them his name and address.

Then he thought: ‘Good Heavens,
maybe the child’s alive!”

He would have done anything in the
world rather than go to the porch again.
But he went. Tense, standing back as
far as he could, he reached down and
touched the child. It was a little girl, a
golden-haired girl, sprawled on her
back, a child’s umbrella in her right
hand. He touched her cheek. It was
cold as the drizzly rain.

Endicott hurried back inside to wait
for the police.

Sergeant LeRoy Dening was in charge
of the cruiser that made the run. He

Give me the

OFFICIAL DETECTIVE, September, 1918.

pounded up the steps of the Endicott
home. In a moment he knew the child
was dead.

“Where’s your phone?” he asked.

And in five minutes the investigation
was underway, an investigation which
gathered momentum that first night of
1948 until it became Cleveland’s big-
gest manhunt in recent years.

Lieutenant Peter Kekic, night chief
of the Detective Bureau, led detectives
from the Homicide Squad to the scene.
Officers of the Fifth District, com-
manded by Inspector Michael Black-
well, arrived. Soon others came, big
brass, specialists with scientific equip-
ment, photographers, detectives and
more detectives. :

HE child lay on her back on the En-
dicotts’ old-fashioned porch. She
was wearing a green coat, a blue pleated
skirt, a white woolen sweater, brown
on age green socks, black rubber.
ots.

Beside her body lay a small coin ¥
purse; in it were five quarters and a
Lieutenant Kekic ex- ’

es

piece of paper.

oe

ee
- c
ad


.

was enough for now and Tuley left,
heartbroken.

Kekic ordered the body to Mt. Sinai
Hospital, called Coroner Samuel R.
Gerber and asked him for a complete
post-mortem examination, including
autopsy, microscopic tests of brain tis-
sue, X-rays, chemical tests.

Detectives John Sullivan and Harold
Boyette of the Homicide Squad called
the Homicide Squad chief, Lieutenant
David Kerr, at his home. They told
him the child might have been stabbed
or might have been run over by a car.
Kerr ordered his men into action. He
stayed at home, directing their activity
by telephone the rest of the night.

HE neighborhood swarmed with de-

tectives. Kekic sent some to search
for the actual scene of the crime. He
told others to canvass the neighbor-
hood, to try to find out if anybody had
heard an outcry, had seen any stran-
gers walking or in cars.

The investigation was rolling.

A team of detectives found a foot-
print on a freshly turned front yard
down the street. In the dirty gutter
close by was an auto-tire track, appar-
ently fresh. Men from the Bertillon
department photographed both.

Another team, canvassing houses,
found a woman who had seen a gray
sedan roar away from near the Endi-
cott home at 10:30 p. m. She lived
only a short distance down 124th Place
from the Endicotts. She said it was a
big car but she couldn’t give any more
help.

Another team knocked on the door
across the street from the Endicott
home and talked to James Noyes, 63,
who lived there. He said he'd heard
something that sounded like moans

4 :

about 9:30 p.m. He’d looked out into
the drizzle but he had seen nothing.
Did this help fix the time of the

crime? The detectives went on can-
vassing. Nobody else had heard any
moans. And some said the neighbor-

hood was full of cats that were always
caterwauling. But Noyes was sure he’d
heard a human moaning.

A man who lived down the street a
few doors said his dog had barked be-
tween 8 and 9 p. m., an unusual cir-
cumstance.

One of the detectives hurried up to
Lieutenant Kekic, still directing the
search from the Endicotts’, and said,
“We found something down at the
corner.” He led the way, half trotting,
to the mouth of an alley opening onto
East 124th Street. Two detectives were
standing guard over something that
lay on the pavement. Kekic walked up
and they shone their lights onto it.

The Lieutenant saw several pieces of

shattered headlamp glass and a broken
eadlamp rim.

Close by were dark spots that might
have been blood.

One of the detectives was from this
Fifth District. Kekic asked him, “Any
oa accident reported here tonight?”

“No.”

Was this it? Had she been struck
down by a hit-skip killer?

“Maybe,” said Sergeant Jerome
Slusser, “the killer is somebody who
lives around here and knew her.”

“Why?”

Slusser explained. Little Sheila’s
home occupied the same position on
East 124th Street that the Endicott
house occupied on the next street over,
East 124th Place. The driver might
have hit her, might have got out of his
car and recognized her, might have
been confused about which street he
was on and, intending to take her
home, might have deposited her broken
body on the porch of the wrong house.

It seemed possible. Kekic told the
Officers to stand guard over the evi-
dence. He hurried back to his temporary
headquarters.

From there he sent Bertillon men to
collect the evidence and put in a call
to the Hit-Skip squad at Central Sta-
tion. He also sent detectives to search
the intersection for more evidence and
to scatter through the neighborhood
looking for a car with a broken head-
light.

Was this the solution? Was it a
hit-and-run killing, a particularly
brutal and unnecessary one?

The night wore on. Detectives try-
ing to trace Sheila’s route found noth-
ing—nobody who had seen her, nobody

“In a jail a thousand miles from his crime, the accused killer shows a a
“newspaper reporter how he claimed the crime was committed’ — -

_walking very slowly.

who had heard an outcry, no evidence =

of struggle. Nothing.
and the search went on. ;
Soon Lieutenant Kerr, Homicide
chief, and Inspector Blackwell arrived
to direct the investigation. Kerr, with

Dawn broke

Detective Arthur Willard, tried to back- ° =

track the trail of blood from the Endi-
cott porch. A report from the Bertil-
lon bureau had revealed that the blood
spots were made by the same type
blood as Sheila’s, that their direction
of flow proved the person who made
them had been walking from sidewalk
to porch as Sheila would have been
walking.
daylight, would try to backtrack them
further. ;

[NCH by inch they covered the side-

walk. If they found no more spots it
might mean that she had been lifted
from a hit-skip killer’s car directly in
front of the Endicott home. :

But Kerr found another one, about
twenty feet north. He called to Wil-
lard and they moved north together,
They came to
what looked like a narrow, dirty alley
but was marked Thompson Avenue, just
a short block south of Superior. At
the mouth of Thompson, Willard saw
a dark splotch on a stone. Blood.

But she couldn’t have been killed
there. If it was a hit-run case, the
accident had happened at another al-
ley. If it were an out-and-out mur-
der there would be evidence of struggle
and the detectives found none there,
only this one bloodstain, and it, too,
bore the telltale oval shape made by
blood falling from a person walking.

Kerr and Willard searched on, up

Under a violet ray,
Coroner Gerber looks
for hidden bloodstains

Now the officers, aided by

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Wisconsin does not have a death who investigated this slaying was E. L. newspaper. The December, 1947, issue
Penalty. Consequently, when Johnson —Lefty—Fowler. In fact, he was a bit of OFFICIAL told of this case under
Pleaded guilty’ to both murders on too prominent.“ He was arrested and the title, . “Betrayed by One Missing
March 22, 1949, the most drastic charged with the murder, as detailed in Clue,” and of how detectives realized
sentence he could be given was lifeim- the Story, “After Weeks in Her Four- that the newsboy who had known
prisonment for each murder. He got Wheeled Grave,” July, 1947, OFFICIAL. enough to stop his deliveries also must
it, the sentences to run consecutively. _ Fowler was brought to trial in have known of the murder. That news-

When the prosecution boy, Ralph Duchacek, Junior, was only
closed late one night but Edna Louise had finished its plea, he told the Assis- twelve at the time of the crime. He
Chiles of Oakland, California, decided tant Attorney General, “A 800d talk,Mr. was thirteen, however, when he Pleaded
she wanted a coke anyway. She stopped Lattimore. If I wasn’t innocent, I’d guilty to Second-degree murder and
in a tavern and ordered one. While believe it myself.” was sentenced to life imprisonment.
she was there three youths walked in, The jury also tho

held up the tavern. ' Miss Chiles her- talk and thought, too, that Fowler was S

Self told of the subsequent robbery, not innocent.’ He was convicted of
the arrival of

ITRENS screamed in Canon City,
Colorado, that cold Winter night. A
wholesale break of prisoners from the
state Penitentiary was underway.
t. Louis detectives heard a Startling Quickly posses were formed; police
ry one night recently. An aged, were notified in towns, villages and
Marine, was sentenced to not less than sray-haired man was roaming the hamlets for miles around. A group of
five years in San Quentin Prison on streets looking for a killer to hire. How hardened convicts—murderers, thieves
February 19, 1949. His two companions, those detectives found the man and and cut-throats—were at large.
Bert White and Elias Bueno, both nine- arrested him before. he could put that In the midst of the desperate man-
teen and both also Marines, were turned killer to work was told in the May, 1948, hunt, somebody stumbled over a body
over to the Youth Authority under OFFICIAL, “When He Couldn’t Hire a in an isolated field. It was that of
Califor, Killer.” Robert Hutchins, a tourist from Cali-
pow ; The man was brought to trial and fornia; he had been Slain, his car stolen,

JX THE crystal-clear quiet of New prosecuting attorneys discovered that his wife and child kidnaped.

Year's night, a resident of Cleveland, }the only crime he had committed was Surely it was the work of the fleeing
Ohio, found what he thought at first “soliciting another to commit murder,” convicts. ;
was a large doll huddled on his front misdemeanor in Missouri. ‘The man The car was traced to Denver; police
as Sentenced to 60 days in the work- drew a cordon around that city. The
ouse. He since has been released, his wife and child were found safe after
ebt to society paid. their harrowing experience; the killer
y During the scorching, stifling heat of had fled on foot. Slowly, bit by bit, the
Sheila Ann aroused the entire nation; {the 1947 drought, a postman found the Police trap drew closer around him.
OFFICIAL DETECTIVE STORIES odies of Mr. and Mrs. John Stollar in Finally it closed in.

roug : heir Nebraska farmhouse. Timothy And netted in that trap was not an
tion into the crime and the arrest of Iron Bear, an Indian brave who had_ escaped convict but dazed, befuddled
been their hired hand, could not be Donald Tucker, a hitch-hiker who had
found, however. “On the Postman’s chosen for murder
Second Ring,” in the January, 1948, the entire state of
: OFFICIAL, described how Iron Bear armed police camp.
ric chair February 2, 1949. was traced to the Dakota badlands and The story of this ca

Pture was told in
vClen Beavers, a Duncan, ahoma, arrested for the double slaying. the July, 1948, issue of OFFICIAL
waitress had been missing for several The Nebr

aska State Penitentiary DET ECTIVE STORIES Magazine,

weeks when the cold spell broke in Dun- electric chair wrote finis to the Story of under the title “On a Borrowed Man-
can and a resident of Duncan decided Iron Bear December 1, 1948. hunt.” Since that Publication, Tucker
to get his car into operation again. He Mrs. Dorothy Swenson had been dead was brought to trial at Castle Rock,
opened the trunk of that car,-and for four days when authorities found Colorado. After only one ballot a jury
crammed inside it he found the body her body in her Ashland, Massachusetts, found him guilty of-first-degree murder
of Mrs. Beavers. home. On the front Porch were milk and fixed his penalty at life imprison-
Prominent among the policemen deliveries for those four days, and one ment—in the Canon City Penitentiary.

in the Morgue!”, OFFICIAL, May, 1949. - s
For this robbery Mel Davis, 20 and a sto

Ann Tuley. The Pathetic death of

issue, “—To Die by the Christmas
Lights.” Beach, a man with a past
zone. was put to death in the Ohio
elec

+

His attorneys have indicated there will
be no appeal. lg 3

All escaped convicts were recaptured
except two, who were shot to death
when they fired at officers who had sur-
rounded them.

Business was quiet and the bartender
in Queens, New York, thought he could
Spare time to replenish his tobacco
Supply. He dashed out, came back in-
side two minutes—and stumbled over
the body of a man who had been knifed
to death. :

There were no witnesses to the crime.
No one knew where the killer had gone,
whence he had come. Nevertheless, by
slow, painstaking detective work, New
York police gradually traced the crime
to the door of Edward McElroy. ‘“Tat-
tooed to a Shuffleboard Slaying,” in the
July, 1948, OFFICIAL, told the story

of that detective work.

So convincing was the evidence
against McElroy that he pleaded
guilty to manslaughter before a Queens
County court. He was sentenced to
serve from five to ten years in Sing Sing.

Also in Queens County, attractive,
slender Norma Kotler was spending
every spare hour she had to exonerate
her father of a criminal charge. In the
midst of her fight she was found in her
apartment, choked to death with an
electric-light cord.

It looked like an underworld ven-
geance slaying. But Police, ever skepti-
cal of-the obvious, went further into the
life and past of Norma Kotler. “Of All
Her Father’s Stirmates,” in.OFFICIAL
1947, told how a friend, Abe Ringe,
eventually was arrested for the slaying.

Ringe was convicted of first-degree
murder but his attorney filed for and
won a reversal of the conviction.
Thereupon Ringe Promptly pleaded
guilty in the second degree. He was
sentenced to 25 years to life, also in

From time to time, this department,
Up to the Minute, will appear on these
Pages with similar information on last-
minute cases. Watch for it.

“YOU ARE UNDER ARREST”’

- There’s a Thrill in Bringing a Crook to Justice

an |

& LO errr

PIOLeH

‘e

mndicott
ne child

sked.
stigation
n which
night of
ad’s big-

cht chief
detectives
the scene.
ict, com-
iel _Black-
came, big
ific equip-
tives and

yn the En-

«small coin
rters and 2
ti Kekic eX-

amined the paper ‘carefully. It: ap-
ared to be a list of things to buy at
a store: Three packages of cigarettes,

"a sports magazine, toothpaste, a comic
~ book. .Had she been waylaid and slain

‘on her way to the store? If so, it had -
happened much earlier; she was only
about eight years old and wouldn’t

“ have been going to the store at 11

o'clock.

What had killed her?

Blood had flowed from a small, deep
wound behind her right ear. Blood
had soaked through her clothing in the
back from several wounds. If she had
been an adult, the Lieutenant would
have concluded instantly that she’d
been stabbed to death. But who would
stab a child?

A detective pointed to several bruises
on her face. ‘Maybe she was hit by a
car.”

Kekic frowned.
get up here?”

“‘Maybe the driver carried her here,
then scrammed. Maybe she crawled.
It’s almost a cinch that she wasn't
killed here.” He waved his hand.

Kekic looked around. This was true.
There was no sign of a struggle on the
porch. No blood had spurted here. Her
body was not contorted; it lay in repose
as though she simply had lain down
and expired.

A detective called, ‘‘There’s a sort of
a trail of blood here.’ He was on the:
sidewalk; he showed Kekic bloodspots
that seemed to lead to the porch from
the sidewalk. It looked as though the
child had walked or had been carried
up to the porch from the street. Ex-
perts could tell for sure. :

Kekic told a couple of men to get
some lights and try to backtrack the
bloody trail. He returned to the Endi-
cotts’ porch.

He saw some smudges on the front
window. He walked over, bent close.
Finger-prints and hand-prints on the
window. A child’s prints. He looked
~at the child's hands. They were bloody.
_He stepped back, surveyed the scene.
Slowly he said, “I think I can figure

“Then how did she

ails! a a t a gous
out what happened.
‘somewhere else, probably not far away.

3

is ee sien *
sne~ was hurt

She started wandering around looking
for help. She saw the Christmds tree
lights through the window and thought .
somebody was home. She staggered up
onto the porch and knocked. The
Endicotts were gone so nobody an-
swered. She went to the window and”
pressed her hands and face against the

* glass and looked in at the Christmas

es Pretty soon she toppled over and
ied.”

The end of the holidays, the end of
a life. A dying child, peering through a
window at a Christmas tree, nose
pressed to the pane, seeking help and
not finding it, dying. Why had she
died? Who could have done it?

Aroused by the sirens, neighbors
flocked to the Endicotts’ house. The
porch was thronged with investigators,
and uniformed officers were detailed to
keep back the crowd. Two men came
hurrying up the sidewalk. They looked
like spectators but their faces were
tense, especially the face of one. He
tried to push through the police lines
and a patrolman said, “You can’t go
up there.”

The man said, ‘““What is it? I’m look-
ing for my daughter, my little girl.
She’s lost.”

“Oh.” And then, “Okay, go on up
and speak to the Lieutenant.”

The man hurried up the walk. See-
ing him, the crowd hushed. At the
edge of the porch he hesitated, as
though something held him back. He
was a well dressed, youngish man, about
thirty. He started to speak to the de-
tectives who were moving around on
the porch near the steps but by chance
they parted and he could see the body
of the child.

HE STEPPED slowly closer, leaned
over, and the weird-hued light
from the Christmas tree fell on his
head and on her body. .

He muttered in a strangled voice,
“Her babushka, her little plaid parasol.
Her green coat, her purse.’ And then,

““Dear Lord, it’s Sheila!” And he broke.

. Lieutenant Kekic hated this part of .

vhis job. But it had to be done. He

took the man aside and talked to him.

He was Edward Tuley and he lived
just a half block away on East 124th
Street; the Endicotts’ home was. on
East 124th Place.

The dead child was his daughter,
Sheila Ann Tuley, eight years old. Four
hours earlier, at 7:50 p. m., she had gone
on an errand to the drug store. Earlier
she had been disappointed because her
mother wouldn’t let her dress up in her
mother’s best dress, so, just before she
left the house her father added to the
list of things she was to buy, “Comic
book,” and told her if she hurried right
straight home she could stay up to
listen to Henry Aldrich on the radio at
8 p. m.

Delighted, she hurried out.

The drug store was about two blocks
away. She should have been able to
make it there and back in ten minutes.
And her father knew she would hurry
in order to be home in time for the
radio program.

But eight o’clock passed and she
didn’t return. 8:15. At 8:30 Tuley
went outside in his shirt-sleeves and
slippers to look for her. It was a nasty
night, the temperature just above
freezing. He went back in and put on
shoes and a Navy pea-jacket. Then he
walked the block and a half up to Su-
perior Avenue, the shopping center for
this neighborhood.

The drug store he’d sent Sheila to
was closed. .There was’ another one
across the street, open. Tuley went
there. But nobody in that store had
seen her; the clerks knew Sheila and
were sure she hadn’t been in. He went
back home. His wife hadn’t heard a
thing.

They waited a little longer. At 9:25
they called the police. The police opera-
tor notified the radio dispatcher and
he sent Cruiser No. 532 to the Tuley
home. Patrolmen Lester Caldwell and
Forrest Dresser talked to the Tuleys
and tried to reassure them, told them

‘that Sheila almost certainly would.

‘The policemen cruised slowly through “

‘ahead of him lay ‘the task of breaking

ay

turn up safely, that they'd look around
the neighborhood for her.” -* +)"
~- By this time it was about 10 o’clock.

streets and alleys. ‘Superior Street is -
well lighted but the area to the south
is honeycombed with narrow streets -
and alleys, dim-lit on this black, wet ~
night. ne : fF eh
The Tuleys could not sit idly by.
They went together up to Superior
Street to search. They thought Sheila
might have gone back to the neighbor-
hood where they’d lived a few months
earlier, so they walked as far east as
Lockwood Avenue in East Cleveland.

Ts sasalaeten’s first search pro-
duced nothing. They figured she
might have gone to the show at the
Ambassador Theater; she’d have to
pass that theater on her way to the
drug store. They stopped in and
talked to the manager. He interrupted
The Great Waltz to flash on the screen
a notice: “If Sheila Ann Tuley is here -
she must report to the manager’s office -
at once.” igi

No results.

At 10:30 Officer Caldwell phoned
Headquarters and asked that a miss-
ing-persons report be put on the tele-
type and flashed to all district stations.

Mrs. Tuley, fearful and near. exhaus-
tion, went home. A neighbor got his
car out of the garage and drove Tuley
around. They cruised an hour with-
out result; they parked their car and
resumed searching on foot.

At 11:37 the Endicott family came
home and found the body on the porch.
The news flashed out at 11:40. A lit-
tle later Tuley and his friend passed
that way, saw the crowd, went to it,
and Tuley identified the body.

He could tell them no more. Not
now, anyway. He was crushed. And

the news to his wife. Lieutenant Kekic
knew that later they might have to ask
him more questions, whether he had
any enemies, things like that. But this

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a

Address_

from a lesson in the Home Study Course. Hl

Saar _RFDor Zone_—_____
City TS trte Age
YOU MUST STATE YOUR AGE

3

a ae

0 a

BEACH, Harold, wh, elec. OHS (Cuyahoga) February 2, 1949

mec

BEST DET

Th
ty

iil ila bs sicnclibba

THIS MONSTROUS MURDER — A MACA-
BRE MIXTURE OF MALICIOUSNESS AND
SADISTIC SAVAGERY PRESENTED CLEVE-
LAND COPS WITH ONE OF THEIR MOST
ENIGMATIC AND SHOCKING MYSTERIES.

ODY OF A girl... on the porch... at East 124th
Place,” droyed the police radio dispatcher in
Cleveland, adding the exact street number. It

was a few minutes before midnight on Thursday, Jan-

uary 1, 1948. :

Sergeant Le Roy Dening, in command of the first zone
car to reach the address, was met on the porch by Dud-
ley Horton, owner of the house. -

“It’s still hard to believe,” said Horton, a business

.executive. He brushed a hand shakily across his eyes.

“Even though I can see her lying there.”

Dening looked at the body, asked a few.hurried ques-
tions, and dashed down to’ his two-way radio.

“The people who live here,’”? he told Lieutenant Peter
J. Kekic, night chief in the Detective Bureau, ‘don’t
know the girl. They don’t know how she got on the
porch. They just got home from an all-day motor trip
out of the city and found her there.”

“What’s it look like?” asked Kekic.

“Like murder, chief. She’s got a babushka on, and it’s
all bloody. And there’s mud all down the right side of
her. Blood on her knuckles, too—right hand. She’s got
a purse in one hand.and an umbrella in the other. No
bruises—”

“You look in the purse?”

“Just a coin purse. I looked in, but there was nothing

to identify her in it. Just five quarters.”

“Go on.”

“Well, there isn’t a bruise. Blood on her knuckles
came from digging at the head wound, I think. The
window she’s lying near is blood-smeared. Looks like
she was trying to let somebody in the house know she
was hurt.”

“Tell all zone cars that show up to keep moving,”
ordered Kekic. “I want every suspicious-looking char-
acter questioned. I’ll be right there.”

All that first day of the new year a cold misty drizzle
of rain had fallen, and now suddenly it was turning
colder. A thin coating of ice glistened from trees, side-
walks, and pavements, and it was a pretty sight. But
Kekic was in no mood for scenic beauty as his caravan
of police cars skidded into East 124th Place and stopped
in front of the two-story Horton home.

He jumped out just as Deputy Inspector Michael J.

* Blackwell of the Fifth District pulled up in a squad car.

Together, they strode up the short walk to the porch.

“You got the same idea I have?” asked Kekic.

“If you mean that blond youth with the scar on his
cheek, I have,” Blackwell ground out.

A diminutive youth of that description had terrified
two women in the neighborhood during the past 48. hours.
He had leaped out at each from a dark doorway and had
chased them until their screams had frightened him-away.
Fifth District zone cars had been on the lookout for him
all that day and evening.

On the porch, Kekic listened first to Horton’s account
of his finding of the body.

“We all got out of the car in the garage,” he said, “and
I walked up on the porch and was about to unlock the

Shale ae OSes

iOTIVE

(tA
Win

E

ES, July, 1948

A -seream. £86


door. Just then I saw the figure ly-
ing there. I didn’t have the key,
and I called to my son to hurry up
with it. Then I stepped to the bay
window. I bent down to get a close
look, and my heart jumped. I could
hear my wife coming, and I hur-
ried to the porch rail and told her
to take my daughter to the side
door. I got the front door open,
hurried in, and telephoned the
police.”

Police technicians had swarmed
onto the porch and were already
dusting for fingerprints. Others
were setting up cameras. Still others
were going over the ice-coated front
yard and sidewalk, in search of
clues. Another had rushed onto the
porch with a powerful mobile unit
searchlight, and its .bright glare
quickly focused on the girl’s inert
body.

The first thing noted was that the

STUDY IN TERROR: This shameless, sandy-haired representative of Satan killed
without even the slightest trace of human compassion—-coldly, cruelly, deliberately.

age

> ST ee

girl’s clothing was in no way dis-
arranged.

“Sort of eliminates our blond sus-
pect,” commented Kekic.

“Only the coroner can make sure
of that,” said Blackwell grimly.

Pictures of the body were taken.
As he looked on, a feeling of rage
came over Kekic. The girl was piti-
fully young.

The body was turned over, and
then the babushka was examined.

His was a crime to make the blood run
cold, to make Cleveland talk in whispers
—yet note the leering unconcerned
smile of the killer as he illustrates the
way he held the knife that pierced the
brain of his unsuspecting, young victim.

There was a sma
back of it that Ic
hole.

“Say, here’s <
claimed Blackwe

There was not
there were six n
tures scattered «
the girl’s winter
oozed from four

“Not bullet h
declared. ‘They

DEATH ALLEY:
to her doom. Sl:

Even these vete
hardened than |
Lieut. David E.


i

"’ tendent also supplied the

“s“-Jike knife Beach had carried.

Ve Siac ad Sd

present name
-and address of Beach’s mother in Balti-
- more. : :
=, >. And Sergeant Carlson and the three
- detectives returned from Beach’s home
.“vin Cleveland with an armful of evi-
“dence. Evidence that told Kerr the case
“Was all but closed. ~
Pe In the basement of the house they
had found a coat that Beach had worn.
-It was stained with blood.
In the kitchen they found a bayonet-
It, too,
~*was bloodstained and, Coroner Gerber
-. Said, it was of the proper shape to have
“inflicted the death wounds.
- -’A photograph of Beach was identified
by Harry Markham as that of the man
_...whom Markham had noticed that night
~~ close to the murder scene.

ee "Hunt the Killer Who Stole the Bus'' (Continued trom Page 11)

“Piazza and I did some investigating.
Two-Top belongs to a mob that calls
themselves the Liverpoolers because
some of them live on Liverpool Street.
They’re kids, teen-agers. Up to now
the .Liverpoolers haven’t pulled any-
thing really serious as far as we can
tell, and we’ve got a pretty good pipe-
line down there.

“One of the gang members is a big

fellow they call Large Ears. His real
name is Clarence Dowd, but nobody
calls him Clarence unless they can run
fast. Large Ears has been in the book
a long time. He’s done Warwick’”—a
State industrial school—‘for stealing
a car, and lately he’s been hanging
out in King Park.”
Lafferty referred to a small park in
e heart of Jamaica, which is bisected
y paths that serve as short-cuts be-
ween streets.

“There have been half a dozen
purse-snatches there in recent weeks,”
Lafferty continued. “All late at night.
The first one occurred right after Large
Ears was sprung out of Warwick. So
far he’s managed to get away, but
we've been getting closer and one of
these days we'll grab him.

*¢\ 1OW according to our information

and it’s always been good, some
of the Liverpoolers know that Large
Ears has been finding pay dirt in the
park, and they want a split.

“Two-Top Ramsay has been the most
insistent, so two weeks ago he gets
plugged. It’s as simple as that.

“Apparently Large Ears has got
himself a gun someplace. He hangs
out in King Park, and the Garden
Apartments are just a block away from
the park. I’m for bringing the little
bum in.”

Captain Leggett remarked that it
was a shot in the dark.

“Sure,” agreed Lafferty. ‘‘How else
are we going to shoot? Large Ears
isn’t the only candidate, but if that
killing was a ‘teen-age job he’s as good
a candidate as any.”

The conference broke up on that
note and Lafferty, with his partner,
set out for South Jamaica te grab the
elusive Large Ears.

“T’ve asked the Department of Sani-
tation to watch all garbage cans and
trash barrels,’’ Kissane reported when
the others had left. “We might find
that gun yet.”

“We've got to, Mike.” Leggett paced
the rooms. “This is one time the Com-
missioner won't take any excuses.
How about a search of sewer catch-
basins?”

“A good idea,” Kissane acknowledged.
“T'll call Borough Hall now.”

Leggett sat alone for a few minutes,

turning the baffler over in his mind.
Would they ever find the killer of
indly old Basil Walthall? The Cap-
ain had seen cases with more clues
than this one land ultimately in the
“inactive” file and gather dust. This
must not happen—or some _ heads
would fall. Mayor William O'Dwyer,
an ex-cop himself, expected “The Fin-
est” to live up to their reputation.

A clerk came in with a huge stack of

48

oes § a7

“ Unquestionably, Howard Beach was
the killer. ° er as
~ But where was he? In Baltimore?

Kerr called Lieutenant George Bryan
of the Baltimore Homicide Squad, told
him the circumstances and asked him
to watch for Beach. © :

This was at 11 a. m. on January 12,
1948. At 5 p.m. Bryan called back and
said, “We've got him and he’s lying.
He’s hot. I’ll call you back.”

He did. At6 p.m. he called again and
said, ‘Beach has confessed the murder
and is now giving us details.”

Kerr replied, ‘“‘We’ll be on the next
plane.”

He and Willard flew to Baltimore.
They interviewed Beach, a dull, sullen,
small young man, and he repeated his
confession. He told them that the

photographs, taken by the laboratory
technicians at the scene of the killing.

“Here’s your set, Captain,” he said.

Leggett picked them up and glanced
through them idly. They had been tak-
en primarily for use as evidence at the
trial, if and when. :

The photographer had missed noth-
ing—except the body. The dying Wal-
thall had been rushed to the hospital
before the mobile laboratory arrived.
However, a chalk outline on the car-
pet indicated where he had lain.

There were a number of exterior
views showing the ladder under the
window, the service alley, the ramp
leading into the basement.

Looking at the ramp picture, Cap-
tain Leggett saw something that he
had noticed before and had paid little
attention to.

A bicycle leaned against the left-
hand wall of the ramp.

“Some kid’s mighty careless,’ he
thought to himself. Then his jaw
sagged.

“Leggett, you’re a dunce!”

Since he said it to himself, it was
all right. He grabbed a telephone.
“Send Scully or somebody in here
quick.” ‘

Detective Scully reported.

“See.that bicycle?” Leggett demand-
ed, stabbing the photograph with a
finger. ;

“Sure. I saw it when I got there. Nice
maroon and cream job.”

“Whose is it?”

Scully shook his head. “I don’t know.
Belongs to one of the tenants, I guess.
Why? You don’t think—”

“We've wasted a lot of time. Get back
there and check with Bernstein, the
super. Find out if anybody in the build-
ing owns that bike. If not—well, we’re
looking for a ‘teen-ager, and a bicycle
is the sort of thing a kid might ride
around on. Get going!”

Leggett was angry at himself for
having assumed—always dangerous in
police work—that the innocent-ap-
pearing bicycle belonged there. He was
not accustomed to associating bicycles
with homicides.

SCoLLY's investigation did not take
long.

“The bicycle’s downstairs in the
property clerk’s office,’’ he announced
glumly. “It doesn’t belong to anybody
in the apartment-house. Bernstein and
I checked.”

“It undoubtedly has been stolen,”
Captain Leggett declared, “but we can’t
overlook any bets. Take the serial
number and try to trace the owner
through the manufacturer. A Schwinn,
isn’t it?”

“Yeah,” replied Scully, “but I’ve got
an idea, Captain. It’ll take a couple
of days to run down the owner that
way. We'll have to follow it from fac-
tory to jobber, and then to the retail-
er.

“A great many of the bikes sold in
this town are sold by Sam Bellitte. Let
me go through Sam's records first. If
he made the sale he'll have a record of
the. purchaser.”

“That's smart, Jim,” Leggett said.

ae Oe oer £ ‘

Ka Gate

murder knife was in the kitchen of his
home and that a coat he had worn that
night was in the basement, stained with
blood—where Sergeant Theodore Carl-
son and the other detectives had found
them.

They spent the rest of the night, both
in Cleveland and in Baltimore, building
up corroborative detail, and on January
14 Beach was returned to Cleveland in
secret. He gave his confesion a third
time, saying he had met Sheila close to
her home, had offered her a quarter to
take a walk with him, had led her across
the street and down dark Thompson
Avenue, had crawled through the hole
in the fence with her following. She
had become frightened and whimpered.
Panic-stricken, he stabbed her. He
kept on stabbing her till she was quiet.

“Bellitte’s place is just up the Avenue.
Get right on it.”

Scully left the room in long strides.
The Captain no more than had time
to open a fresh package of cigarettes
when voices sounded from the hall and
Lafferty came in, one big hand grip-
ping the arm of a tall, sallow-faced
youth with pimples, his mouth framed
in a perpetual sneer, narrow-set, pig-
gy eyes. Detective Piazza had an equal-
ly firm grip on the other arm.

“This is Large Ears, Captain,” said
Lafferty. “Alias Clarence Dowd.”

“Mr. Dowd to you, Copper. Where do
I sit?”

“Nice manners they taught you up
in Warwick,” Leggett declared with a
steely sort of politeness. ‘“‘We wouldn’t
think of sending you back again, Clar-
ence. There are much nicer places.

*6CIT there!” he yelled out, and
pointed to a hard wooden chair
with rounded back and arms, the kind
‘that looks comfortable and belies its
appearance within five minutes.

Still sneering, Large Ears sat.

“Find a gun?” the Captain inquired.

“The shack was clean,” Piazza ad-
mitted.

“The Schmoes forgot to plant one,”
Large Ears jeered. “They would ’a if
they’d ’a thought of it.”

“T’ll plant something in a minute,”
Lafferty warned. “You speak when
spoken to.”

Large Ears subsided.

“What’s your full name?”

“Large—I mean, Clarence Ellsworth
Dowd.” .

“How old are you?”

“Almost eighteen.”

“Mother living?”

“Yeah.”

“Father living?”

“I dunno. I guess so. If he is, he’s
drunk.”

“Where do you go to school?”

“I don’t. I ain’t got the time.”

“Where do you work, then?”

“I’m a pretzel-bender.”

Lafferty took a menacing step for-
ward.

“Okay! Okay! I set up pins in a
bowling-alley. There ain’t much doing
in that line just now.”

“Where did you steal the bicycle?”

“Who—lI didn’t steal no bike! Who
says I did?”

“Answer the question.”

“I can’t. I didn’t steal nothin’.”

“Where were you last night?”

“JT seen a movie.”

“Which one?”

“Doll in the Sun.”

“Not that it matters much, but the
word is ‘Duel.’ Duel in the Sun.”

“I call ’em dolls,” said Large Ears.
“She was some doll!”

For all the gravity of the situation,
Captain Leggett could not repress a
snicker. Then he grew stern.

“You weren't at the movies all night,
were you?”

“No. I hadda sleep.”

“You were seen in King Park.”

Large Ears hesitated. It might not
do to lie; perhaps he really had been
seen.

aaa iemeant os Ss.
Then he fled the scene
the city. . Pema Swe

er ‘re trigger happy. Y
The clinching evidence |

une chair, Dowd, but yor

: leased
Coroner Gerber exhumed S % vefore youre re
and fitted Beach’s knife os gatferty, and we * tes
wound. — : "gs Laree Ears veal age
Beach was indicted and tried for § softly POR got. that!
degree murder. He was convicted and” py wat! I didn’t do
on March 16, 1948, Common Pleas Jud Not ae dy!” |
Samuel H. Silbert sentenc my 0 ttl
in the electric chair. “brome “it's 9 little Inte Sa

He heard his _
sentence without any show of emotien ©
but when a deputy sheriff led him to
elevator to go back to his cell he w
to pieces. oe
At this writing his ex on &
pending. a Pt 3

mother,” Leggett replie:
There was misery in ‘
{don't want to go bac!
of that place! If I tel
1) xo back!” 2
“So you haven't tol
“Not all of it. Liste
pike, a bike painted li
of red and white. I
Thats where the pail
came from, from the t
terday at a field where
playin’ ball. I was go
day. I think I know ¢
eash and not ask no
“J wot the bike and
in a shack down by t
1 turn ‘em up, will you
I didn't do no shootin
Levgett replied thaj
to withhold judgment
“If what you say
would not charge yot
not at this time, anyw
no bargains. Laffer
him back and see if
bicycle and a gun sta
gun will tell the stor:
the shot that  killec
didn't. If it didn't,
the clear.”

Alvin Staley is a fictitious pa ;
this story to protect an innocent

“I took a walk. That’s public p
erty.” Re

“But purses are private. Never tz
—skip that. You were home all ni
I suppose?” , poets

“Sure, unless I’m. a salamubust.”

Leggett’s lips twitched but he#
strained himself. oy

“What’s that you have the
Piazza?”

Detective Piazza was holding
length of chain from which dan
small padlock. r
“This is a bike-locking .chain,
said. =

Large Ears stared and: his m¢
came open. “Where did th ‘
from?” ney

“The place where -you hid it
you had a chance to get the
Inside the furnace.”

Handing the chain to Captain
gett, Piazza pointed to a jagged Ii
“It’s been out,” he explained.
Ears must have been in a hurry.
he would have picked the lock.” 44

The Captain examined the

Peete

H'® swagger gone,
from his lips, Le
panicd the two detect
route they had come.
Detective Scully
.*aiting on a hot sea:
’ I've traced the bic
exultantly. “My idea
wld the machine th:
a boy named Georg*
feventh Avenue.”
’That’s on the blo
den Apartments!”
exclaimed.

ay

closely. i pbecrpaics ;
“This is interesting,” he announe - er bene hae

“Flecks of maroon and cream i wens mig ere

the links. See, Clarence?” aah ry is in scnool, Jee

but his mother confi
the bicycle was stolei
She said George wa
at the police statior
report it.

But here’s the b
The thief was seen
bicycle at five o’cloc

Get a descriptio:

“Not yet. Here's
up. The Fords live
of a two-family h«
tenant is William )
bressman. He gets -
five in the morning,
he does is take h
tefore hitting the i

It was a few mir
morning and Pric:
som almost to the
shen he saw a mai
‘eps from the Fo:
nz the bicycle.

This man got on
Price shouted after
al he could do. 1
armind the corner

Price went to b

up at noon he to!
"* s at the dentist
etl three o'clock
be description of t
Ls

Large Ears looked, but he said f
ing. i

“Maybe you do walk in your
Clarence,” Captain Leggett s
“Or, I should say, ride.” I 3

“Aaah, that was a gag! I sleep BBBia,
a rock.” “aa i

E Captain's voice was ree
fatherly. “I think you ought @
know what you're in for, Son. #
maroon and cream-colored bicycle
found outside a Jamaica apartme
house this morning. We think it wat
stolen bike, because it undoubtedly
hidden there by somebody who chi
a ladder, fired through an open Op
and killed a man. ne oe
“Now we have evidence that Ee
you to that bicycle.” oR
Large Ears licked his thin lips.
“I never killed nobody!” he :
at last, “You're tryin’ to job mel
ain’t got a gun!” pitas:
Leggett suggested
not help matters. ‘with
“You shot Two-Top Ramsay Top
thirty-eight, didn’t you? Two-
wouldn’t put the finger on you thea
but he will now, because this is @ © a
You do have a gun hidden somepnr” =
don’t you, a mops <
The youth’s. close-se
feverish with fear, What should 7%
say? What should he do? ae
“Yeah, yeah,” he muttered at -
“I hadda gun. It went off accide
when Two-Top was shot. I trua
away.” :
“Stop lying! We want to help
but you've got to tell the truth.
“That’s the truth!” : ‘
“A punk like you wouldn't
truth if you were grafted
Dowd, I'm going. to hold a chai
going to match the paint on che pci
with the paint on the apo" hie
Ramsay will testify how you yor
deliberately; that will show &

that a lie wo

_ How come,”
re Feett. ever aler
“eney of his
foe nor Mrs. F:
“morning whe
rkup of the
“ng made?”
, wully said that
“*ectives hadn't
a then. Mrs.
wil unaware tha
“en. Price had
mas. was now al
“ee should be h:
a * et down
. yas
‘arters. This tin

a

ot

- A - MACA-
‘NESS AND
‘ED CLEVE-
(EIR MOST
(YSTERIES.

. at East 124th
dispatcher in
2et number. It
Thursday, Jan-

of the first zone
porch by Dud-

ton, a business
across his eyes.

vy hurried ques-
radio.

ieutenant Peter
Bureau, ‘don’t
she got on the
day motor trip

nka on, and it’s
ie right side of
hand. She’s got
1 the other. No

2re was nothing

n her knuckles
i, I think. The
ced. Looks like
house know she

keep moving,”
is-looking char-

1d misty drizzle
it was turning
rom trees, side-
retty sight. But
y as his caravan
lace and stopped

actor Michael J.
> in a squad car.
to the porch.
ed Kekic.

the scar on his

on had terrified
he past 48 hours.
ijoorway and had
itened him-away.
lookout for him

Horton’s account

re,” he said, “and
ut to unlock the

CORONER SA
here examining the co
charged with murder.
confirmed certain allega

SHOCKING

CASE

OF

BB CLLVELAND

CARNA

\e

MUEL R. GERBER is shown

at worn by suspect
Telltale bloodstains

tions made by slayer.

5


“In between two garages off the
alley. I got her in there with the knife
in her back. I jabbed her a few times,
I guess. She started to cry. I told her
to shut up, and she started to scream.
I jabbed her again, and she screamed
louder. So I beat it.”

“What time was that?” asked Kerr.

“Well, I’d been to a show and was
walking down East 124 Street when
I saw her. She was passing the alley.
That was about ten minutes to eight.
Right at the alley, I met her. I got her
into the alley and got her between
those garages. That’s all—I just
stabbed her.” _

Kerr askede Beach to draw a map
of the alley and to indicate the exact
spot at which he had stabbed the gir :
He readily drew the map. “See,” he
said, pointing, “this is where I took her
between the garages. Did you find any
blood there?” he asked, looking up.

Kerr remembered the spot. ere
had been no blood there, but he made
no a ;

“Well, I guess not,” said Beach. “I
didn’t stab her very hard, and I looked
back and she was out of there, stum-
bling to the other street. I think she
fell once near the street. I kept going
and went home.”

H E PUFFED on his cigarette. “But I
went back. I looked all around,
but she was gone. That was about
eleven o'clock. I went back home and
washed the knife. I hung my coat up
on the cellar stairs and went into the

b he?

CASES

kitchen. It was the. kitchen knife I'd -

been carrying; and I put it back in So
table drawer. I got a glass of milk.
Then I went to bed.”

“Are the coat and knife still in
Cleveland?” asked Kerr.

“Far as I know Way are.”

Kerr telephoned Cleveland and in-
structed detectives to go to the Beach
home and pick up the knife and coat.
A call came back to him an hour later.
The coat was bloodstained. The knife
had been examined by Coroner Ger-
ber who declared it was exactly the
kind of knife capable of inflicting the
wounds in Shiela Ann’s body.

The next morning, Beach was res
turned to Cleveland. On the train, he
laughed, joked, and made faces at the
half-dozen newspapermen who had
accompanied Kerr and Willard to Bal-
timore. In general he exhibited con-
tempt for his plight. At no time did
he show remorse for his crime.

That afternoon, he proved to the
satisfaction of Kerr and many other
high-ranking police officers that he
was the slayer of Shiela Ann Tuley.
On January 20, Beach was indicted on,
a first-degree murder charge by the
Cuyahoga County Grand Jury.

The two women who had been
molested, meanwhile, had _ stated
emphatically, upon viewing Beach’s
picture, that he was the blond youth
who had accosted them. All other sus-
pects in the case were released and
completely absolved of any connection
with the crime.

Following his indictment, 157 attor-
neys offered their services as counsel
for Beach. His record at the Napanuch
Reformatory showed that at the time
of his discharge, March 27, 1947, he
had the mental age of 11 years and 6
months and an I.Q. of 77. e normal
I. Q. is between 90 and 110.

Cuyahoga County Prosecutor Frank
T. Culitan stated: “If the psychiatrists
find Beach sane, I believe he will go
to the electric chair.”

Said Beach, after his indictment:
“I’m sorry I did it. And I didn’t think
I could escape. Nobody can escape
from something like this.” And later:
“Yeah, I’m afraid to die. I’m going to
try every legal means of getting out
of this. But I guess I’ll be lucky if I
get life.”

Said Dr. George H. Reeve, an emi-
nent psychiatrist: “The public can sit
back now and satisfy feelings of re-
venge by watching the prosecution of
the killer. Or they can start to follow
through a long-term program of re-
habilitating society’s misfits, prevent-
ing more from growing up into
warped adults, analyzing the needs
carefully and minimizing the menace
to society.” ,

On March 11, a Common Pleas Court
jury convicted Harold A. Beach of
murder in the first degree. Death in
the electric chair is mandatory.

Note: The names Jay Wright and
Robert Tinnel are fictitious to protect
the identity of innocent persons.

PAYMENT IN BLOOD

(Continued from page 33)

fantastic to think he’d injure him in
any way.” "

Roberts had solved too many crim-
inal cases to be swayed by the opinion
of any witness. Granting that the
neighbor’s faith in the stepson was
justified, it was still important that
Walter Dixon be located and ques-
tioned without delay. If he had
actually left the scene at ten o’clock
—an hour before the dying man was
found—he would know if anyone else
was with Scarlett at that time. At
any rate, he would know plenty about
his stepfather’s affairs.

Before dismissing the witness, the
chief learned that Dixon lived with
his wife near the village of New
Market, five miles southwest of Jeffer-

son City.
Returning to his office at City Hall,
Roberts found a message from

Grainger County Sheriff James N.
Antrican awaiting him. Antrican’s
deputies reported that a roughly-
dressed youth had been seen skulking
in the timber that fringed Holston
River a dozen miles below Jefferson
City, early that afternoon. From his
furtive manner and the fact that he
ran into the. brush when nearby
farmers approached him, the sheriff
thought there might be a _ possibility
that he was involved in the Scarlett
assault.

Chief Roberis agreed with his friend
in the adjoining county. He promptly
called Jefferson. County Sheriff

60 Arthur: Holbert at Dandridge, the ©
° y ne “eet it saltiness aM.

county seat, and requested that
deputies be‘ dispatched to the scene
in an effort to apprehend the skulking
stranger, Incidentally, since the
officers would have to pass the Dixon
home to reach the point on the river
where the suspect had been seen, the
chief also asked the sheriff. to check
with the stepson. \

Now Roberts was joined by Con-
stable Stokely Nash and the search
for Alton Pollett was resumed. When
a thorough combing of Jefferson City
turned up no trace of him, they drove
out to his home.

The mechanic was sitting on his
front porch. :

The chief asked casually, “Did you
see John Scarlett today?”

SWIFT expression of alarm

spread over the suspect’s face.
“I knew you'd be askin’ me that,” he
admitted shakily. “But I never even
seen him all day. So, you see, I didn’t
cut him: with that hatchet. I heard
about it in town.”

“And you admit you quarreled with
him about ten days ago?”

“Sure, I admit it. We argued about
him losin’ my wife’s jewelry. I got
good and mad about it, too. He just
said he’d make it right if he didn’t
find it, I left there sore as a boil, all
right, but I sure didn’t kill him.”

When a full hour of questioning
failed to shake his story, the officers
left Pollett with a warning to remain
available until the case was solved.

Both officers were thoughtful on the
way back to town. Breaking a long
silence, Nash asked: “Who owns the
bloody hatchet?”

“The victim,” was the glum reply.

“We'll get no Dee rom that angle.” .

“I wonder if ton Pollett is as
innocent as he wants us to believe?”
Nash said musingly. “He could easily
have been at the Scarlett home this
morning. Only one of the neighbors
happened to see a man resembling
young Dixon leave the place. Re-
member? Well, I know Walter Dixon
by sight, and he’s about the same size
and build as Pollett. Maybe it. was
Pollett the witness saw.”

“That theory won’t hold water un-
less we get something more con-
clusive than guesswork,” was_ the
chief’s skeptical reply. “I'll admit,
though, I’ve known of weaker motives
for attempted murder than the one
Pollett -had.”.

“Okay, how does this strike you?
Suppose we learn that Pollett needed
money and that he knew Scarlett
cashed his check for $106 this
morning.”

Roberts deftly swung his car around
an ice truck, nodding. “That would be
a horse of a different color.”

But investigation disclosed that
Pollett was in good financial circum-
stances. Furthermore, the stricken
watch repairman had not received his
pension check that day. For some
bor, aig it had been delayed in the
mails,

Sh tn

At dusk, ¢
into the case
City girl tok
seen Alton F
Scarlett at n

“Are you (
demanded.

“Positive.
of that big
Street, and t
about somet

At the
promptly a
corted him
when Robe)
girl’s staterr

“So what’
mit I lied ak
But we nev
just said he
and it look:
for it. I tol
that’s all tk

“Are you
Scarlett to |

“You're
Pollett crie
I told you.’

“Then w
when you Vv
made you
today?”

Pollett’s
time, he <
frightened.

“Well, j
place,” he :
find out ab

over that .

mitted I se

accuse me

Was the
His story s
the chief a

“Did Sc
going wh

Street?” F

“Well, 5
right hom:
to call for

10 o'clock

Because
dence aga
for furthe
in a cell.

The chi
that Scar
home sho
that wher
doubtless

9:45. But

who hac

morning.

It was

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It was in this forbidding alley that the victim met her doom. Slayer confessed he had taken her through hole in board.

& This monstrous murder, a mixture of lust and sadistic savagery, presented
Cleveland cops with one of their most enigmatic and shocking cases.

: Um“4 ccs Wee Dije bores, euler, (977


by JOHN EDGAR

“PJODY of a girl .. . on the porch .. . at East 124th
Place,” droned the police radio dispatcher in
Cleveland, adding the exact street number. It

was a few minutes before midnight on Thursday,

January 1.

Sergeant Le Roy Dening, in command of the first
zone car to reach the address, was met on the porch
by Dudley Horton, owner of the house.

“It’s still hard to believe,” said Horton, a business
executive. He brushed a hand shakily across his eyes.
“Even though I can see her lying there.”

Dening looked. at the body, asked a-few hurried ques-
tions, and dashed down to his two-way radio.

“The people who live here,” he told Lieutenant Peter
J. Kekic, night chief in the Detective Bureau, “don’t
know the girl. They don’t know how she got on the porch.
They just got home from an all-day motor trip out of the
city and found her there.”

“What’s it look like?” asked Kekic.

“Like murder, chief. She’s got a babushka on, and it’s
all bloody. And there’s mud all down the right side of her.
Blood on her knuckles, too—right hand. She’s got a
purse in one hand and an umbrella in the other. No
bruises—”

“You look in the purse?”

“Just a coin purse. I looked in, but there was nothing
to identify her in it. Just five quarters.”

“Go on.”’ .

“Well, there isn’t a bruise. Blood on her knuckles came
from digging at the head wound, I think. The window
she’s lying near is blood-smeared. Looks like she was
trying to let somebody in the house know she was hurt.”

“Tell all zone cars that show up to keep moving,”
ordered Kekic. “I want every suspicious-looking
character questioned. I’ll be right there.”

All that first day of the new year a cold misty
drizzle of rain had fallen, and now suddenly it was
i turning colder. A thin coating of ice glistened from
trees, sidewalks, and pavements, and it was a pretty
sight. But Kekic was in no mood for scenic beauty
as his caravan of police cars skidded into East 124th
Place and stopped in front of the Horton home.

He jumped out just as Deputy Inspector Michael
J. Blackwell of the Fifth District pulled up in a

This sandy-haired disciple of
Satan killed without the slight-
est trace of human compassion
—coldly—cruelly—deliberately.

a § squad car. Together, they strode up the short walk
to the porch.
“You got the same idea I have?” asked Kekic.
ok “If you mean that blond youth with the scar on

his cheek, I have,” Blackwell ground out.

A diminutive youth of that description had ter-
tified two women in the neighborhood during the
past 48 hours. He had leaped out at each from a
dark doorway and had chased them until their
screams had frightened him away. Fifth District

zone cars had been on the lookout for him all that Avtar Cehtlnetion: and maiatsementa,
day and evening. the coroner declared it was ees Biers
On the porch, Kekic listened first to Horton’s . kind of knife used on the victim’s body.

account of his finding of the body.
“We all got out of the car gn the garage,” he said,
“and I walked up on the porch and was about to


-0us crime.
Shiela Ann
‘ron suspect,
, was found

Witnesses
10 stated he
en in Cleve-
in was slain.

.e scratch on
although at
ght was the
of suspects.
1, were rou-
were prom-
r more than
h with the
ammed” up
» locate his
iccessful.

, seven days '

its of Shiela
ppeal ta the

nappened to~™

one tells, no
sland is safe
red. But it
at this help.
a friend, or
ry a terrible
or the next

r hour, and
Nhy? Why
vant to hide

» $7000, and

held in the
le the tips
* the broad-

t’s the only
. this case,”
ackwell.
one of the
“We've got
1 the blond
is cheek. If
dy is bound

it of town,” -
thing, we’re
killer.”

300 tips had
d, and two
onfessed” to

sent detec-
on Superior
of the youth

had called
id told her
vas worried.
ing him?
‘ctor Black-
n the tele-
hat day, he
iyed to him
‘th District,
siend of his,
called Kerr
ars.
23-year-old
iissing from
er the mur-
is a friend
fellow. The
Beach, Jr.

t’s the same
wo women
red.

o called me
dd habit of
night. Said
walk from
other.”
away,” said
led in De-
amon and

Frank Dimperie. | “Another tip to
check,” he said, giving them the de-

The girl friend of the scfatched-
cheek suspect was meanwhile giving
detectives who’d hurried to her home
a thorough tongue-lashing.

“Tf J want to scratch my boy friend’s
face, I’ll scratch his face!” she said
hotly. She was a slim lass with red
hair and a pert nose, and the detec-
tives watched her alertly. “But why
he should tell you strangers about it,
I don’t know. I don’t think it was a
bit nice of him. But just why are you
holding him?”

“We think maybe he killed some-
body,” a detective replied.

“Him?” She burst out laughing.
“And T’ll bet. he hasn't Bele ou
much to think otherwise, has he?
Why, all he does is read those ‘old-
fashioned Jesse James stories. He’s
just a big bragger, and you tell him
that I said so!”

At the Beach home, Detectives Mc-
Manamon and Dimperio were invited
in by the youth’s father. “Is my son
in trouble?” he asked worriedly.

“We're just checking up on his
whereabouts,” said McManamon. “Do-
you know where he is?”

“Pm not sure, but I’ve a suspicion
he went to Baltimore to visit his
mother.”

“Why a suspicion?”

“Well, I’ve only had my son with
me since last March. I’m divorced
from his mother, and he’s lived with
her in Baltimore. That is, until 1942
when he—”

Es eee, father paused and looked with
embarrassment at the detectives.
‘Tf you are checking up on him for
some reason, you probably know of
his record.”
- The detectives perked up. “You
mean in Baltimore?” said Dimperio.

“You evidently don’t know, but I'll
tell you anyway,” the father said
quietly. “My son was imprisoned in
the Napanuch Reformatory in New
York for five years. He was there for
a crime against nature.”
_ “A sex ¢rime?” asked McManamon,
inwardly excited.

“Yes,” e

“What time did he get home the
night of January 1, do you recall?”

“No, my present wife and I were out
= the house all that evening until
ate.’

“And the next day he was gone?” ‘
_ “He was with us all day until seven
in the evening. He said then he was
going skating and left the house. But

we noticed that he carried a bundle -

under his arm. We went to his room
and discovered he’d taken some of. his:
clothing, and we did not ect him.
back. He’d been telling us for some
time he might suddenly pick up and
leave.”

The father could not tell them ‘the
mother’s address in Baltimore. She
had remarried, and. there had been no
correspondence between them.

A scar on his right cMeek? Yes,
about an inch long.

Back at headquarters, McManamon
and Dimperio reported excitedly to
Kerr.

“Now we're getting somewhere!”
exclaimed Kerr. He grabbed his phone
and put a long-distance call through
to Major Thomas Hanlon, Superinten-
dent of the Napanuch Reformatory in
Ulster County, New York.

“t don’t believe we have the
mother’s latest address in the files

ne

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eer Se

here,” Major Hanlon told Kerr. “Beach
was paroled to the father, and we
made no check on the Baltimore end.
But we may have something tucked
away here. I’ll look around and phone
back.” :

Early the next morning his call
came, and Major Hanlon furnished the
mother’s address. It was.a block on
Callow Avenue in Baltimore.

Baltimore police officials were con-
tacted at once,'and immediate cooper-
ation was promised by Captain Henry
J. Kriss, head of the detective bureau.
Four hours later, he called back.

“We've got your man,” he told Kerr.
“What do we do with him?”

“Quiz the daylights out of him.
fits he acting?”

“Cocky and cagey. He’s been work-
ing here at a gas station. That’s where
we picked him up, and he’s plenty
embarrassed about, the old clothes he
was wearing when we picked him up.”

Late that afternoon, Lieutenant
George Bryan of the Baltimore Homi-
cide Squad called Kerr. “This guy is
lying, and he’s plenty hot” said Bryan.

He called back an hour later and

said, “He just broke down. He’s giv-
ing us the details now.” : .
“A confession?” asked. Kekic, cross-
ing his fingers. :
“Yes, and it dovetails with every-
thing you’ve told me of the crime.

“You'd better hop in a plane and see

for yourself.”

A short while later, Kerr was on a
plane headed for Baltimore with De-
tective Arthur Willard, his right-hand
man. .

He found Beach sitting calmly in a
chair in Captain Kriss’ office, smoking
a cigarette.

“You from Cleveland?” Beach
grinned as Kerr and Willard walked
in.
“Yes, we are,” said Kerr grimly.
“Don’t look so sad,” admonished
Beach. “The most I can get is the
electric chair, isn’t it?”

He was a short, skinny, bespectacled
youth with sandy-colored hair. He
had a curling leer on his lips that
never once left them in the hours of
questioning that followed.

“Where did you kill her?” asked
Kerr.

Catt Sa :
en way “ 1 5 oe
sits MB POR me Sa tiie cat

59

BEAUDIEN, Michael, hanged at Toledo, Ohio, on June 2h, 1859.

"From the TOLEDO (Ohio) STAIH, June 2h, 1859:
"Michael Beaudien, who, today, expiated the crime of murder upon thegallows, was a Bay
Settlement Frenchman, The victim of his mrderous shot, Antoine Upal, was also a Frenchman
and both lived near Ten-hole Creek in this county, close to the Michigan line, Beaudien
lived with a woman who has since his sentence eloped with the principal witness for the
State. Beaudien, has, since being informed of the fact, charged the woman with the murder,
stating that she put on his boots and went over to Upal s cabin and shot him, This story
is not credited, and the topement is also considered doubtful by his neighbors.
"Beaudien has kept a firm face during his two years' imprisonment, He was rather a short
man, with heavy features, the only relief to them being his eyes, which were unsually large,
of cold steel-blue color, the expression of which was that of great coolness and determina~
tions his hair was quite thin, and sprinkled with grey, and he stooped considerably, walking
with a slight stoop or foward locating of the body. In all his trials he has borne himself
with great frimness, Looking the Judge in the face while his sentence was prounounced with a
keen, unmoving eye. Latterly, his long imprisonment, ant the workings of his conscience -
it may possibly be = have told upon him considerably. He has persisted in averring his
innocence publicly, and has seemed to pay considerable attention to his spiritual advisers -
the Rev, Fathers of the Irish Catholic Church of this city, and others of this vicinity.
"There was a crowd of 75 or 100 people around the Courthouse yard this forenoon, butat noon
it greatly increased, There was a large proportion of f@males in the crowd and many of them
had children with them,
"Sheriff Kingsbury, after making a few remarks in regard to the solemn duty he was about to
perform, proceeded to read the death warrant, during the reading Baudien stood upon the
drop. Being asked whether he had anything to say, he replied that he had nothing to say in
particular. ‘If it is God's pleasure,' said he, 'I should thus die, I am willing to please
lim,' He then said a few words to the Sheriff in a low tone, not audible to those in front,
His arms were then securely bound by the Sheriff and Deputy Sheriff Merrill, and white
gloves were drawn upon his hands - the priest meanwhile talking to him, Then he stretched
his hands as if thegloves seemed strange to them, and the cap was drawn over his face, not
a word being spoken in the meantime, The rope was then adjusted about his neck and all
those around him stepped off the platform, Nothing then was heard and the suppressed whis-
pers of the crowd and the low tone voice of the priest in prayer.
"The drop fal at 1:39 o'clock; there was but little motion of any kind to be seen in any
part of thebody.
"MWe never saw such an exhibition of coolness in any man as Baudien exhibited on the scaffold.
Not a muscle quivered, and not a finger trimbled; the cold grey look of his eyes in his last
moments assumed a despairing sort of earnestness before the cap shut out the outer world from
him forever, tut his voice was quiet and unchanged and to all appearance there was no parti-=
cle 68 fear in his composition, His death in this respect presented a strong contrast to
that of (Return J. M,) Ward.
"We were informed that when interrogated as to a confession, hereplied, that he had confessed
himself to the Priests and that was enough, The words spoken in a low tone to Sheriff Kings-
bury on the scaffold were to the effect that he had given his body to the Priests and he de=
(ores to have a decent burial in the Catholic Cemetery," TIMES, New York, N. Y., 6/29 [1859
2=5.)

Band, Harley, white, 18, lec. Ohio (Lawrence) 12-4-1914

fro

wh

ders, a

>| that! he ats
Beard: with

1} of’ detectives

»| his victims’ on

Magsie started for the dwelling house

| hit Maasie on the head. He) felled Mary

 (aegcl g a a
SUSE |

5-3


ee Re ee ae

| 4

Se

and her address. it she reaily scratched
you, we might let you go,” Blackwell in-
formed him.

This he refused to do, and detectives
were sent out to try to locate the girl
through questioning of the youth’s friends.

‘THE Akron suspect was brought in

shortly before 11 p.m. He was sullen,
reeked of alcohol, and appeared to be in a
mood that defied grilling.

“T’ve got a hangover,” he snapped. “I
don’t feel lke talking.”

“T didn’t expect you would,” said Kerr
wearily. “But after you’ve been kept
awake a few days and nights, like I and a
lot of other men around here, you might
be willing to loosen up.a bit—if only to
get a little sleep.” He turned to detectives.
“Take him out and grill him.”

Wright, meanwhile, had stubbornly re-
fused to sign the brief, unadorned confes-
sion he’d made.

Later that night, the final analysis of
the bloodstains on Wright's numerous
knives came through:

“Not human blood,” it read. “Knives
probably used to cut meat or fowl. Stains
in house and on trousers not human.”

The father and son were turned over to
county psychiatrists for mental tests, and
a good many detectives that evening felt
discouraged now that almost all their
early leads had been dissipated.

That night, a big searchlight was driven
through the neighborhood of the killing.
It was directed on the ground—on front
lawns, backyards, and up and down the
alley—in a desperate effort to pick up a
glint of some weapon missed by daylight
searchers. A knife hastily buried, it was
reasoned, might not have been thoroughly
covered. The searchlight’s ray might
quickly point it out. But the ray disclosed
nothing.

Fluorescent powder then was dusted
about the neighborhood, and a minute
search was made for more blood -spots
through the use of ultra-violet rays. No
further spots were found.

Next day, detectives were sent with
ladders into the neighborhood with in-
structions to inspect every garage top and
every housetop in another of the cease-
less efforts to locate the murder weapon.
They did not find it.

Samples of soil that afternoon were
taken from every lawn in the vicinity and
from the alley, so that detectives could
be sure the mud smudges on the girl’s
clothing really came from the neighbor-
hood. Reports confirmed the fact that the
mud had come from the alley.

By now, hundreds of calls were coming
into Central Station from citizens de-
manding action. To all calls, detectives
replied wearily, “If you can think of any-
thing we haven’t done, let us know.”

Others, more understanding of the sit-
uation, called in with tips. Many of them
were ridiculous, but every one had to be
checked. A reward of $5000 had been
posted by the Cleveland Press for infor-
mation leading to the arrest and convic-
tion of the killer, and many of the tip-
sters were hitting in the dark, hoping to
stumble on the solution to the crime.

But who had killed young Penny? And
why? The Akron suspect, examined by
psychiatrists, was found to be a patholog-

* e

who Slated he could nol possibiy Dave:

been in Cleveland at the time Penelope
was slain.

Only the youth with the scratch on his
cheek was left, although at no time of the
day or night was the Detective Bureau
empty of suspects. These suspects in the
main were routine pickups. Few of them
were promising enough to be held for
more than an hour. But the youth with
the scratched cheek had “clammed” up
completely, and efforts to locate his girl-
friend had been unsuccessful.

The rewards mounted to $7000, and
dozens of detectives were held in the De-
tective Bureau to handle the tips which
poured in.

“T’m beginning to feel it’s the only way
we're going to solve this case,” said Kerr
to Inspector Blackwell.

“If we don’t slip up on one of the tips,”
added Blackwell. “We've got the entire
city alerted on the blond youth with the
scar on his cheek. If he shows his face,
somebody is bound to call us.”

“If he hasn’t skipped out of town,”
frowned Kerr. “Another thing, we’re not
at all certain he’s the killer.”

By Sunday afternoon, 600 tips had been
received and checked, and two more psy-
chopaths had “confessed” to the killing.

Then a call came in that sent detectives
racing to a house on Superior Avenue. The
girlfriend of the youth with the scratched
cheek had called in herself. Somebody had
told her about his arrest, and she was
worried. Why were the police holding
him?

At the same time, Inspector Blackwell
was getting a tip on the telephone at his
home. All that day, he had been taking
calls relayed to him from his office in the
Fifth District, but this one was from a
friend of his, and it looked good. He
called Kerr immediately at Headquarters.

“T just got a call on a 23-year-old blond
youth who’s been missing from his home
since the day after the murder,” he said.
“My tipster is a friend of mine and he’s
a reliable fellow. The youth’s name is
Harold Beach, Jr. Here’s the address.”

Kerr took it down. “That’s the same
street on which those two women. were
almost molested,” he observed.

“Yes, and the fellow who called me said
that Beach had an odd habit of roaming
the streets late at night. Said he some-
times went for a walk from one end of
the city to the other.”

“T’ll check on him right away,” said
Kerr. He hung up and called in Detec-
tives: Joseph McManamon and Frank
Dimperio. “Another tip to check,” he said
giving them the details.

(THE girlfriend of the scratched cheek

suspect was meanwhile giving the de-
tectives who’d hurried to her home a
thorough tongue-lashing.

“If I want to scratch my boyfriend’s
face, I’ll scratch his face!” she said hotly.
She was a slim lass with red hair and a
pert nose, and the detectives watched her
alertly. “But why ‘he should tell you
strangers about it, I don’t know. I don’t
think it was a bit nice of him. But just
why are you holding him?” se

“We think maybe he killed somebody,”
a detective replied.

“Him?” She burst out laughing. “And

(OIDK OLELWISe, flas ler WAY, aif tie GOES
is read those old-fashioned Jesse James
stories. He’s just a big bragger, and you
tell him that I said so!”

At the house where Beach lived, De-
tectives McManamon and Dimpeno: were
invited in by the man who answered the
door-bell.

“We're just checking up on Harold
Beach’s whereabouts,’ said McManamon.
“Do you know where he is?”

“’m not sure, but I’ve a suspicion he
went to Baltimore to visit some relatives.”

“Why a suspicion?”

“Well, he’s lived here since last March.
Before that he lived in Baltimore. That
is, until 1942 when he——”

The man paused and looked hesitantly
at the detectives. “If you are checking up
on him for some reason, you probably
know about his record.”

The detectives perked up. “You mean
in Baltimore?” said Dimperio.

“You evidently don’t know, but I’ll tell
you anyway,” the man said quietly. “Har-
old was imprisoned in the Napanuch Re-
formatory in New York for five years.
He was there for a crime against nature.”

“A sex crime?” asked McManamon, in-
wardly excited.

Ves.” \

“What time did he get home the night
of January 1, do you recall?”

“No, I was out of the house all that
evening until late.”

“And the next day he was gone?”

‘le was home until seven in the eve-
ning. He said then he was going skating
and left the house. But I noticed that he
carried a bundle under his arm. I went to
his room and discovered he’d taken some
of his clothing, and I did not expect him
back. He’d been telling me for some time
he might suddenly pick up and leave.”

The man could not tell them the ad-
dress in Baltimore to which Beach was
going. .

A scar on his right cheek? Yes, about
an inch long.

Back at headquarters, McManamon and
Dimperio reported excitedly to Kerr.

“Now were getting somewhere!” ex-
claimed Kerr. He grabbed his phone and
put a long-distance call through to Major
Thomas Hanlon, superintendent of the
Napanuch Reformatory in Ulster County,
New York.

“T believe we have his last Baltimore’

address in the files here,’ Major Hanlon
told Kerr, but we need time to dig it up
for you. I’ll look around and phone back.”

Early the next morning his call came, -

and Major Hanlon furnished the Balti-
more address.

Baltimore police officials were contact-
ed at once, and immediate cooperation
was promised by Captain Henry J. Kriss,
head of the Detective Bureau. Four hours
later, he called back.

“We've got your man,” he told Kerr.

“What do we do with him?”

“Quiz the daylights out of him. How’s
he acting?”

“Cocky and cagey. He’s been working
here at a gas station. That’s where we
picked him up, and he’s plenty embar-
rassed about the old clothes he was wear-
ing when we arrested him.”

Late that afternoon, Lieutenant George
Bryan of the Baltimore Homicide

f

eg aaa

GRISSOM} ©


au Ue ds piety MUL, SalU Diyas.

He called back an hour later and said,
“He just broke down. He’s giving us the
details now.”

“A confession?” asked Kekic, crossing
his fingers.

“Yes, and it dovetails with everything

@™: told me of the crime. You’d better

)) in a plane and see for yourself.”

' A short while later, Kerr was on a
plane headed for Baltimore with Detec-
tive Arthur Willard, his right-hand man.

He found Beach sitting calmly in a
chair in Captain Kriss’ office, smoking a

. cigarette.
, “You from Cleveland?” Beach grinned
jas Kerr and Willard walked in.

“Yes, we are,” said Kerr grimly.

“Don’t look so sad,” admonished Beach.
“The most I can get is the electric chair,
isn’t it?” :

He was a short, skinny, bespectacled
youth with sandy-colored hair. He had a
curling leer on his lips that never. once
left them in the hours of questioning that
followed.

“Where did you kill her?” asked Kerr.

‘In bétween two garages off the alley.
I got her in there with the knife. I jabbed
her a few times, I guess. She started to
cry. I told her to shut up, and she started
to scream. I jabbed her again, and she
screamed louder.. So I beat it.”

“What time was that?” asked Kerr.

“Well, I'd been to a show and was walk-
ing down East 124th Street when I saw
her. She was passing the alley. That was
about ten minutes to eight. Right at the
alley, I met her. I got her into the alley
and got her between those garages. That’s
all—I just stabbed her.”

err asked Beach to draw a map of

y alley and to indicate the exact spot at

which he had stabbed the girl. He readily

tiu> 15 WiIcic 12 LOUK Der Velween the
garages. Did you find any blood there?”
he asked, looking up.

Kerr remembered the spot. There had
been no blood there, but he made no
reply. i

“Well, I guess not,” said Beach. “I
didn’t stab her very hard, and I looked
back and she was out of there, stumbling
to the other street. I think she fell once
near the street. I kept going and went
home.”

He puffed on his cigarette. “But I went
back. I looked all around, but she was
gone. That was about 11 o’clock. I went
back home and washed the knife. I hung
my coat up on the cellar stairs and went
into the kitchen. It was the kitchen knife
I'd been carrying, and I put it back in the
table drawer. I got a glass of milk. Then
I went to bed.”

“Are the coat and knife still in Cleve-
land?” asked Kerr.

“Far as I know they are.”

Kerr telephoned. Cleveland and _in-
structed detectives to go to Beach’s ad-
dress and pick up the knife and coat. A
call came back to him an hour later. The
coat was blood-stained. The knife had
been examined by Coroner Gerber who
declared it was exactly the kind of knife
capable of inflicting the wounds.

The next morning, Beach was returned
to. Cleveland. On the train, he laughed,
joked, and made faces at the half dozen
newspapermen who had _ accompanied
Kerr and Willard to Baltimore. In gen-
eral, he exhibited a leering contempt for
his plight. At no time did he show re-
morse for his crime.

That afternoon, he proved to the satis-
faction of Kerr and many other high-
ranking police officers that he was the
fiend who killed Penelope.

dicted on a,nrst-degree murder charge by
the Cuyahoga County Grand Jury.

The two women who had almost been
molested, meanwhile, had stated em-
phatically, upon viewing Beach’sspicture,
that he was the blond youth who had
accosted them. Immediately after the
identification, all other suspects in the
case were released and completely ab-
solved of any connection with the crime.

Following his indictment, 157 attorneys
offered their services as counsel for Beach.
His record at the Napanuch Reformatory
showed that at the time of his discharge,
March 27, 1947, he had the mental age
of 11 years and 6 months and an intelli-
gence quotient of 77. The normal I. Q. is
between 90 and 110.

Cuyahoga County Prosecutor Frank T.
Cullitan stated: “If the psychiatrists find
Beach sane, I believe he will go to the
electric chair.”

Said Beach, after his indictment: “I’m
sorry I did it. And I didn’t think I could
escape. Nobody can escape from some-
thing like this.” And later: “Yeah, I’m
afraid to die. I’m going to try every legal
means of getting out of this. But I guess
I'll be lucky if I get life.”
_ On February 24, 1948 the case was tried
before the Honorable Judge Samuel Sil-
bert and a jury in the Court of Common
Pleas of Cuyahoga County.

On March 11, the jury returned a ver-

‘dict of guilty of murder in the first de-

gree with no recommendation for mercy.
The case was appealed and the reviewing
courts affirmed the conviction. Beach was
electrocuted on February 2, 1949.

Note: The names Penelope Thomas,
Dudley Horton, Jay Wright and Robert
Tinnel are fictitious to protect innocent
persons from embarrassment.

SEX SLASHER

Continued from page 21!

mystery was how any man, unless he
was mad, would dare slash four women
within minutes on a crowded streetcar
at an intersectidn that’s as busy as N.Y.’s
Broadway and 42nd St., or L.A.’s Holly-
wood and Vine—and in broad daylight.

_ Why hadn’t the women felt the. inci-
sions? The bitter cold had numbed them

’ —acted as sort of mild anesthetic.

It must be stated at this point, that
directly south of the intersection is the
heart of Montreal’s skid row, cheap
boarding houses, dens of vice and dives
that are hangouts for sex perverts. Was
it possible a sex deviate was running
amok?

Montreal, that weekend, had a double-
barrel case of the jitters—one from the
bitter winter cold, the other from fear
that the slasher would strike again. As
hone of his victims could describe the

@:” all men were suspect in the eyes

he female citizens. Saturday and Sun-

Gay were quiet and people began to
breathe easier.

Monday, January 25, the slasher struck
again. This time a woman on a Cote Des

Nieges bus was slashed across the fingers.
When questioned by detectives she de-
scribed the attacker only as “good look-
ing.” Extra police were being stationed
at all-bus and tramway transfer points.

On Tuesday, January 26, a 15-year-old
girl got off the St. Urbain St., bus at St.
Joseph Blvd., on her way home. Sudden-
ly a man clasped a hand over her mouth
and pushed an object against her back.

“Walk into the lane,” ordered the man.
Believing that the man had a gun, the

young girl did as she was bid. In the lane.

the man ordered her to turn around.
Noting his features carefully, she saw
that he was about 30, had a “pushed-in
nose,”” was around 5’8” tall and on the
stocky side. He told her he was going to

- attack her.

“Kill me first,” said the plucky young
girl.

Taking his hand out of his pocket, she
saw that it wasn’t a gun he had but a
razor. She began to struggle with him.
His first swipe with the razor sliced open
her mackinaw. Then he grabbed at her
clothes, ripping them. His second slash
caught her on the arm as she kicked at
him, screamed for help and _ scratched.
Again the man slashed at her with the
razor as she dug her fingernails into the
right side of his face—but she couldn’t

eo

ward off the razor swipe as it caught her
in the chest.

Again the youngster screamed, but no
oné answered her plea though it was 5:30
in the afternogn. Then eluding the as-
sailant’s grip, she ran through the narrow,
ice-covered lane through to Esplanade St.
as the maniac fled. The bleeding girl
managed to reach home and fainted on
the doorstep. She required seven stitches
on: her arm but her chest wound luckily
turned out to be a shallow flesh wound.
By the time Detective Sergeant Albert
Deighton reached the house, she had re-
gained her composure enough to describe
her attacker. She also added that he
“had a face like a bulldog.”

There were other slashings that day.”

On St. Catherine St. and St Lawrence
Blvd., a woman suddenly discovered that
her coat had been slashed, though the
cut had not penetrated to her thigh.
Meanwhile a few blocks north on the
corner of Pine and Park Avenues (10
minutes by tram going south from the
spot where the 15-year-old girl was at-
tacked), a 30-year-old nurse, a native of
Quebec city, discovered she was slashed
along her right thigh. It took 16 stitches
to close the wound. She told police that
a man had been following her on the bus,
but she couldn’t describe him. These

45

renaetintehetins trtanmasine.


ae

f hie victim.
hours in intenee

attempt to escape but in took % sant
an the chair by |the bide 0

i} y ee
PUBLIC INDIGNATION, a

Bo outraged were | © feelings of the
yommunity when the ¢ tails of ithe horri.-
ble crime became kn wn that Ominous
threats were madé, and 9 few, bolder than
the reat, declared |the} 88 to he}

dyach Bergin, 8, however
‘Prevailed, and t rmitted fo
take ita course, {aaa ae

Court wag in | at the time the
Murder wag com _ The grand jary
shad been a pecial jury
‘Was called, who h re brought
/Out at the corone d ord-
‘ing to ‘the teati

itimon
‘Murder in the § 3

ak | bid
commenced on the :

and continued six da he case create
the greatest interest the: pg room
was crowded froin the the last ‘of
@ trial. Bergin’ h | they Gen.
eral George W. | Morgan, .w 0 based.
Case principally on the insanity of the
risoner, After; 2 ient | -
low of the | testi Y, | adduced,
‘end the argum ite 19 attorneys on
either side, which a id to have been
th learned and lent, | the ju:
rought in a verdict ilty of murder
n the firat d eG iae ae
_A motion was mage or ® new trial and
poverruled. = The ¢ was then carried to
the Eapreme Court of the State.

the sente

the friends of Bergin | :
to di 5 & Inst resort the
Governor of the ‘State

ere agnin doomed

ta Was appealed to. to
Executive clem: | 4

‘emency, and make
the sentence imprison

ment for life, This

+00 tailed, and now it) seems that there i,
not the |
/mnet tak

east hope left and
® placa to-morrow
nee of the Court con

the'execution |
according to |
Victing him, |

| sons and
i the parents, three sons a
Sts Gasabien two of the Lage Peg ,
|married, Ihe old folks now re said
Gann, having removed there Tepokan ve
| ago “They are | very highly spa vii
| aed and particularly the Swope oes -t
; of the young mab. The mo mm =
peat continuously to save oad [0
the scaffold. Everyone pronou ney,
| one of the finest and kindest women ney |
ever knew. She has teen with the young
ek fnapende ash Be Genet
began Sep. One 0 the brothers of
young man arzived bere to-day from the
West, Bergin’s father and sister also
. Need this afternoon and are having an

peer

linterview with him.

¢
iH

| Sere BEROTR. HL
William Berg ig aj young man

northern part

he removed to
in 1263,

began a

Piers 94 att) his:
th orhucipalle, by’

‘of the:
i ed | the
saw the place
} Hat ieee
| je |

| when —T k, it tua) fone

oY
{

aie

| “GENERAL Monaar,

eyecare gr tata gets respite,
or commutation: of: pentence, ,The moth-
er of the eo youre pia! hes invoked nearly
hight # any fe far, rd prt The Governor
has been oped in his bebal/, the
mother of the agrenett the petition

herself and | soliciting: “ slatintutes, Bat

all so far haye failed, Yesterday Mrs,
Bergin apent Rome ‘me in Jail, with her

son.
A JOROR’S STATEMENT,

Last night General Morgan had a con-
ference with. a number of attorneys at one
of the hotels, which wag attended by Mr,
‘Letts, one of the’ jarors who convicted
Bergin. Mr, Letts representa that at the
time the jary found the prisoner guilty,
‘they were aftaid to find anything elas,
fearing that they would be mobbed in care
they did not, find as ferehye in the in-

tine at ntiment palog 8 at that
| se Bergin. i

at G jeneral ‘Morgen,
juror above mention-
rig ole’ bers part apore me went
ed to Colu mbus this morning to make a
last peal m ites Young for ‘the
ae i: ecutive | clemency.
What effec the statement of the’ juror
Asbo will) have ig ita a matter of
great interest.)

bke has defended the ‘idoier, has been

FEELING AGAINST BERGIN,

From what caf be gathered in so short
a time as I have been here, it would seem
that public; sentiment is more atrongly
againat: Bergin in the country than in the
city. This is perhaps accounted for on
the'ground that in cities persons become
in a manner hardened to the recounting
of shocking reports, and their being more
‘numerous than in the- country—where
such. occurrences are rare—less heed is
'given to them, and the novelty. soon

wears off,

Bergin, it seems, is fully resigned
himeel! to his fate,and ia making prep-
aration for the great change. He sees his
apiritual advisers regularly. It is also
announced that he will bs baptised this
afternoon at three o’clock.

Sheriff ‘Gay is giving him every possi-
ble attention, adinnthin g which the doomed
man seems ‘to fally appreciate. Bargin
ee spend to-ngbt is he that Sheriff Gay

nd to-night in the cell with him,which

e Sheriff has kindly consented to do.

‘BERGIN’S NERVE.

The Sheriff states. that Bergin is not
wanting for nerve, and will no doubt die
game. Those who may anticipate a scene

i ‘Ceesors.

on the scaffold are likely to be disappoint-
ed. He acts and Jooks like a man who is
‘not afraid to face death. His sickness

has disappeared, and if there is no Ex-
eeutive interposition, there is scarcely a
doubt that he will walk on the scaffold
to-morrow aa bold as any of his prede-

THE SCAFFOLD

has arrived, and is being put up to-day,
Tt is the same that. did: duty at Dayton,
and on which Adams dnd Murphy were

eReM Wy Se So gee ee |
some appearance. Js igsarrounded by an
enclosure twenty feet high, at. the ‘north
end of the Court House. As an incident
ebthe hi bie Ph dll a
"| qoorstmes OF THE PRISONER,
it may be remarked, that yesterday, while

the men were engaged in putting up the
| board fence around the seaffolde ergio
yemarked to the workmen from a window.
overlooking the gallows, that they need
not build that fenceso high; there was no
danger that he would jamp out. ‘He is
also anid to refer to the little transaction
pilled for to-morrow ase “‘neck-tie! par-
ty,” “looking up a rope,” etc. Bo it
‘would seem that a hanging has its funny
gide as well as other amusements that
might be mentioned. © re te

enn nett!


ee

binGIN, Henry 3s., White, ha

aby, byt

Ps
wv

The Noose Slips Out and Bergin

Falls to the Ground,
: Facckua «<li aT cca
: (a a ne
‘ as : epee | '
Lannched Into Eternity at the
: ‘Second Attempt.

Ei .

as j

Mr, Veunon, Dec. 7, 1877.) ,
Contrary to expectation; this morning
dawned bright and glorious. <A few

| Pombre clouds overhung the sky in the

Strangled to Death in Fertytwe.

ae ‘Miautes. |

$i eg fhe Ragga Mat es a
Special Correspondence | Ohio State Journal],

Gazliormotsing, hated the shiiapproach-
.@d the “eagtern “hilltpa; théy ‘broke and |
passed sway. So by sunrise, a few strag- |
gling, vapory clouds, were only io be!
seen, a bright contrast to the preceding
pay, which Was'abont aedarkandyleomy.

as contd ba imagined,

OH STATE ook Va &

nged Mount Vernon, Ohio, Dec. 8, 1877,

| With the earliest peep of dawn, the

org!

denizans of the country could be seen.
wending their way (into, town, ‘casting
about for anything <i or. novel to seo or
beseen. Late trains last night augmented

the number of strangers in the city, while
the first trains this morning brought in a
perfect avalanche of the country people,

| bayonets, would permit them. |

and strangers from other towns, 4
A gentleman remarked who saw the
crowd rolling in from the train, that it
looked as if pork had gone upa quarter
of a cent a hundred weight, and that there
was % ganeral hsh in order.to derive the
benefit. ‘To the majority of the curfous
who came in, the dreadful event about to
take place had made no impression, They
regarded it with about the same curiosity
that a boy doss his first circus and menag-
erie, without a cent in his pocket and no
one to intercede for him with the door-
keeper, and the contracts to water
for the elephant all let—théy had no
chance to get in. But very few, if any,
had the slightest hope of getting within
the enclosure, and the best they could do
would be to stare at the rough lumber
which hid the gallows—that evidence af
our Christian civilitation (?)—from the
view of the outside world. But little did
it matter to the throng. It will not pre-
vent them from rehearsing in future
years to gaping listeners the startling
atory that they saw Bergin hanged. . |
There was a large attendance of people
from the country, who came in in wagons,
carriages, on horseback, and even on foot.
The crowd was a conglomeration of men,
'women and children, and swayed about

fs

on the streets, or wandered up to
| the ae to take a squint at the
bare boards, or gape at each other.
A prominent spectacle onthe north
side of the jail was some twenty or
thirty women, shivering and watching
atiently as Job himself forthe scene to
be enected béhind the enclosure.. Hund-
reds of people visited the jail—that is
they took a look at the outside, and press-
ed up as closely as the guards, with fixed

Bergin did not retire until four or five
o'clock this morning, and slept | pretty
soundly until a little after eight, when he
arose and dressed himself, At abont nine
o’clogk, the following breakfast was fur-
nished him from the Cyrtia House, which

[2-2-1377

The Cincinnati Post, Wednesday, March 4, 1998

LIA

a

5

Ohio loses;
Berry’s life
extended

From staff and wire reports

oe

“A
a

LUMBUS — Against his wishes, Wil- -
| tord Berry Jr. has lived to see another day.

After a “last meal” of lasagna, garlic s
bread, strawberry shortcake and coffee, the
Cleveland killer learned Tuesday he has at
least three more weeks to live — and maybe
many more.

With a one-sentence state-
ment, the U.S. Supreme
Court on Tuesday rejected a
last-day, long-shot appeal by

- the state to overturn lower
court rulings and allow Ber-
ry to die by lethal injection
at 9p.m. Tuesday.

Dubbed “The Volunteer”
because he wishes to drop
his appeals and be put to- Wilford
death, Berry is seeking to Berry Jr.
become the first death row inmate to be
executed in Ohio in 35 years. u

° Berry’s mother and sister have kept him
alive by filing “next friend” motions in feder-
al court claiming his mental disorder leaves
him incompetent to decide to die.

“\- The Cincinnati-based U.S. Sixth Circuit
Court of Appeals will conduct a hearing
March 24 on a federal judge’s ruling that the

* Ohio Supreme Court erred in declaring Ber-

Ty mentally competent. -- on Rill

ttorney General Mark R. Weaver
shit ten cari will press for the execution.

knew this was a long shot, but decided
‘tre an important stand to take,” he said.

mis: The Ohio public defender’s office had ar-

; least until the federal courts deal with the

‘tissue of his competency. ;

ex i baker
executing his employer, Cleveland

* Charles Mitroff, during a 1989 robbery.

a

| The Associated Press contributed to this

q

‘Chronology

Key dates in the Wilford Berry
case:

> Nov. 30, 1989: Wilford Berry
killed his employer, baker Charles

_ Mitroff, during a robbery in

' Cleveland. Arrested a few days
; later in Kenton County driving
' Mr. Mitroff's van,

convicted of aggravated murder
and sentenced to death.
> Oct. 21, 1993: State appeals

tence.

> June 28, 1995: Ohio Sy-
preme Court upheld conviction
- and sentence. he

General's Office asked Ohio Su-
_ preme Court to appoint psychia-
trist to evaluate Mr. Berry's com-
_ petence to waive further appeals.

dropped since 1991,

> Jan. 22, 1996: U.S. Supreme
Court refused to hear the appeal
of the conviction and sentence.
> June 22, 1997: After three

: days of hearings, trial judge de-

termined Mr. Berry was compe-

nt to waive appeals. .

gp Dev, 3, 1997: After hearing _

. gued that Berry’s life should be spared at _

2" Berry, 35, received the death penalty for .

> Aug. 13, 1990: Mr. Berry was

court upheld conviction and sen-

> Sept. 12, 1995: Ohio Attorney

“Circuit schedule oral arguments

Mr. Berry had asked: appeals be. |

be allowed to proceed. Justice
Stevens refers request to full

Court. Court d
quest to allow the execution.

arguments from Public Defender,

Ohio Supreme Court affirmed that | :
Mr. Berry remained competent to |
waive appeals. It scheduled an jo
execution for 9 p.m. March 3. as
> Feb. 19, 1998: Mr. Berry's
mother and sister, with Public

Defender as lawyer, challenge in |
federal court the standard used |

fo determine Mr. Berry's compe-

Algenon Marbley rules the state .
incorrectly followed the standard
and issued a stay of execution,» -
Judge wants anew competency
procedure. State appeals.

> March 2, 1998: Judges of the

U.S. Court of Appeals for the 6th

ency. | -
> Feb. 27, 1998: Federa| Judge nse

ON

te

!
for March 24 — three weeks af- [ a
fer scheduled execution date.
> March 3, 1998: Attorney
General's Office appeals directly
to Justice John Pau! Stevens of
the U.S. Supreme Court. State _
Says federal courts misapplied

the law and asks that execution

ose

ten
‘

enies state's re- I

hes

aaa


Wed., Dec. 3, 1997-—
OHIO:

The Ohio Supreme Court has set March 3, 1998 as the date Wilford Lee
Berry Jr. of Cleveland will be executed.

The court today ruled unanimously that Berry, who fought vigorously for
the right to be put to death, was mentally competent to waive challenges
to his execution.

Berry was convicted of the 1989 slaying of Charles Mitroff Jr., who owned
the Cleveland bakery where Berry worked as a dishwasher. Berry was
convicted of aggravated murder with a death penalty specification,
aggravated robbery and aggravated burglary. The death sentence was
affirmed on June 28, 1995, and Berry indicated he did not wish any
additional appeals.

He was then evaluated by 2 Cleveland psychiatrists, who concluded Berry
was competent to make such a decision.

The high court also today ruled that under the state's Constitution, a
post-conviction review of a death sentence is not mandatory.

«

UPL fm Me

Tuesday December 3, 1996 Amotica.GQatine: Gaiba33

Page: 1

ee REN ETN Cte Meera rene EN

Wend Mince 1998

Last d e

Berry’ 5 move,
meal, meetings
all come late —

BY KRISTEN DELGUZZI.

The Cincinnati Enquirer ©

= Jr.’s last day had been script-

his final shower. But the act did
not go as planned Atestay me
scheduled execution day: *

Because of unresolved ea
issues that left the execution
uncertain up until the last min-
ute, when it was kept on hold by

| the U.S. Supreme Court, the.

' day was more oS than con-
j trolled. 6+

‘Instead ey speuiing his leet “

| hours in the death house at the
| Southern Ohio Correctional Fa-
'cility in Lucasville, he spent
' most of the day about 80 miles

| away, at. the: prison’ depart-

-ment’s Corrections Medical
Center in Columbus: Mr. Berry

was severely beaten Sept. 5 in a.

eee on. death Tow, Lat, pee

For weeks, Wilford Lee Ber-.:

ed down to the minute he took- :

was eat his”

THE CINCINNA ENQUIKER.

2

"ete t pHeoD at : Mansfield."

-. He did not leave for ee
ville until shortly before 7 p.m.
— just two hours before he ' was.

S schediled to be strapped to the
lethal injection table.

~~ The original plan \ was for the
35-year-old to arrive in Lucas-
ville at least: 24 hours before”
_ did not, eat the lasagna, garlic

Ee scheduled execution. .

~ He was to eat breakfast ‘ at 7
a.m., and then spend the morn-.
_ ing with visitors. At noon, he «
“special meal, os
which was to come early so the

heavy food did not interfere

with the fatal drugs. *
“Tt cuts back on the risk of

complications with any drugs

that are administered,” said.
‘ Rhonda Millhouse, ‘administra-
tive assistant at Lucasville.

“You know, it’ § just like ‘sur- :

gery.”
Had he been at the death

house, Mr. Berry would have
spent the afternoon with family:

and attorneys. Around 3 p. m.,

he would have been asked to »
2 andy Theis contributed to his
a He would have ead given a ae a

quran his last statement. -

nbled

"light" ral abu 5 p. m., - then
given the opportunity to shower
one last. time before. ‘slipping
into the navy pants’ ‘and white.

Shy

shirt that he’ would~ weat inte
ee execution chamber, :

Because Mr. Berry wont the
day... nearly. two. hours. away,
awaiting ‘word on his’ fate; he

bread, strawberry shortcake
and coffee until after 5 p.m.

- Despite the frenetic tone of

The day, Mr. Berry was calm

and committed to dying, said
Reginald Wilkinson, director of
the Ohio Department of Reha-
bilitation and Correction.: ~~

- After he finished his” oa

Mr. Berry met with his mother,
Jennie Franklin: sister, Elaine

. Quigley; and attorneys from the

Office of the Ohio Public De-.
fender. His mother and sister

_ were scheduled to witness the-
execution, as. was. is ‘former

attorney, assistant” ‘public’ de:
fender Cynthia Yost.:, :


a
2
i]
a
8
|

Execution stay
lifted for Berry

By Laurie Petrie
and Randy Ludiow
Post staff reporters

Federal appeals court judges
set aside a stay of execution Fri-
day for Wilford Lee Berry Jr., re-
opening the way for him to be
Ohio’s first execution in 35
years.

A three-judge panel for the
U.S. 6th Circuit Court of Appeals
decided that the Ohio Supreme
Court was correct in finding that
Berry is rationally able to decide
to waive his appeals.

Berry, a convicted killer from
Cleveland, has been dubbed “the
Volunteer” because he wanted to
drop his appeals and die in the
electric chair.

Berry was originally sched-
uled to die on March 3, 1998. A
federal district court granted a
temporary stay of execution on
the grounds that the Ohio Su-

preme Court did not use the cor-
rect standard when evaluating *
Berry’s competency and did not
adequately consider his mental '
state.

In responding to a suit :
brought on behalf of Berry’s  -
mother and sister, the appeals .
court judges Friday rejected _
argument.

“We're pleased. We’ve said a
along Wilford Berry is compe- -
tent and ought to be able to 7
waive his appeals,” said a '
spokesman for Ohio Attorney -
General Betty Montgomery. °

The Ohio public defender’s of-
fice argues that Berry is too
mentally ill to make the decision
to die, citing his history of hallu-
cinations and suicide attempts.

Berry, 35, was convictedin .
1990 for the aggravated murder.
during the robbery of hisem- ,
ployer, Charles Mitroff, a panety
owner in Cleveland.

1

34 ae sac Saad yet sda cag: Helene

eH James :

he % gk Friday, ite | the Ohio. Su- EXECUTION} sign we ve had,”

State: ae als preme Court gave improper. in- ;. EXECUTION 's Tobin, Associate: Director of | 4

Re ia tp doctors. who" LIN OHIO § Ohi A eS a
‘=. ‘determin erry 18 CO! — ; : 0. :

to. overturn. * petent, to volunteér fo dies ier onary pce thes. pean

1 Ths ‘decision ‘postpones : ee A decisi on. is ted. and strong comments contained:

J judge’ S ruling, east temporarily, his execution, ” before Tuesday aie on “* in it, would help: ‘persuade Gov.’

y.

eA aeesene Which was set for. Tuesday. It. Lawyers and Bene working: George Voinovich to grant Mr.
| BY SANDY THEIS* “would ‘be Ohio's first “in” 35°" Berry clemency. Mr. Voinovich,-
and BEN KAUFMAN : = on Mr. tide s behalf aie the cy.

ee

Saat aes : i
all doubts as fo:

3 Aione ‘General Betty
COLUMBUS aA federal, Montgomery Friday night filed . District Count te: ee me

oe ' judge delayed the scheduled ex-** ani appeal ‘with the-6th:Circuit’ ‘Marbley’s 8 stay of execution Sal st
j ecution of Wilford Berry Jr. on U: S. Court of Appeals i in Cincin-.. s<“This i is the first real | hopeful '. Re “Because of. the obviously : crowded but quiet « courtroom."

ea es 21g SF oul Boge Bob

Latinx s aa Ng STC R Ale tena gs

att ne

Berry: J Judge « delays scheduled execution...

Sree
Lae i 7 BR iste, AAR Ecce ae Bh

!

CONTINUED ae : : ar:
FROM PAGE AL: a a Deputy Atteiney General Mark “priately modified this. aes to read: decision or had a mental Enae
t

ciuding a suicide attempt at age 9, as , Weaver, however, said little — if an endant :*.
y YY —__ ‘the question t
ie a easons why he is not competent to end ” evidence exists to indicate that a eel Sreviee the phate s ele ~ Mrs. Montgomery argued that Ohio
. Berry’ maintains he wants. die 4. ee ee _«choice, but whether he.in fact has: the:. courts devoted 24% years years assessing Mr. *..
i. and has fired his lawyers, ‘ployed by Psychiatrists said bes cx soot ‘capacity, ” lige Marbley said: #8"! Berry's capacity ‘to’ seek ‘his own death ;
| the Office of the Ohio Public Defender. the Ohio Supreme Court agreed ina Piatt ree ea Court’s ‘ruling before setting an execution date,“
fe?

Those same lawyers, however, filed. unanimous decision last December: °°" fr experts :'<. The lower’ court’ i
| the federal appeal ‘on’ behalf of Mr.: °” “We don't even think it’ a close cal” om considering the possibility that Ber=” tay grant a stay
' Berry's eee ae aes, The so-called . Mr. Weaver said. ae bec: > Banta efevted ce eee rigor cheat cg say

Rt !-> Yet; ina strongly “worded
_ incapable of ina king life and death. deci-, the state’s high, ay 8 ded rele C S we = any further appeals.”
hea ‘said justices instructed ‘thie aay

’ remains in “doubt,” said

a , defender Greg Meyers, * >
_.° No harm ooo 1 iy af ly
— fico ty Tae Sirti ts

* fthe courts clear the’
way, Wilford Berry «...
could become the first
prisoner executed in Ohio |
“since 1963. His execution ; ;
is scheduled for Tuesday.’
On Feb. 18, the Enquirer, ©
Editorial Board inteviewed
opponents of the execu- .
tion: Sister Alice Gerde-
man of the Intercommunt

Suhith Wickrema; director
of Justice Watch, alocal: ** :

tee

he wrote, “I cannot sanction |’

‘the penalty of death fora per- i

son who appears to be men!

ly ill” Atage9, Wilford Berry.:|' :

,attempted suicide. He was" ee
‘sexually abused by his baby-””
sitter’s family. When he was *?
11, he walked home‘nude, a at a
night, with no memory of *”;
what happened aa At 19, :
when he was sentenced in
Texas for car theft, he was ~
diagnosed a schizophrenic. ,
He is a person who wants to.
die. He wants to end his life.

pial t 0 for *

a ‘cina
" is Wilford Berry ‘| cri

__ Me Wik Court. waste Craig’: iV" -
‘Wright thinks he is. In disgent 5

Ne rn a aay

eet a aeae- -

fe THE CINCINNATI ENQUIRER

ou

himself. I don’t

under the st I
Hog know what

@ “volunteered”. to

ee for the first oie 0 ey

crimes decide what fhey ean

nal justice process. Why".

eliminated because Mr. Berry

The state is doing what he

‘e die,’ refusing legal: :

execution in decades? Bd a

rt Sr: ‘Gerdeman! ‘It’s asim:
ple matter of justice: We don't.
let people convicted of other *.

should his appeals process be

choses it? He is not heroic. He

, Ne BWSMA KE

R s

I a Pe

“Tf someone is lepine tobe

executed 1

in my name, I

“want to make sure it fits all,
© the criminal justice

“guidelines. * che ea 4

‘fairness issue. I don aie.

‘a right 1 to ask: you to take

is ;
ante the tate to
help him kill him-
self. IfDr. Jack*”

"guidelines. Wik
d Berry's case

( “Intercommunity Justice and Peace
i Center, discusses the death a Boat.

‘ttence. He's miserable and’

| yet did not get the death

:wants to die, but the state’
shouldn't do it. He’s more ;
than a death penalty case.
‘He’s about how we take, care
ofour ill: ES wey
Sr Gecdanniny Two peo
ple were involved in the.:; a
crime. The other man*!. A
planned the robbery and i re
shot first before Berry shot,

penalty. This was not consid-
- ered because Mr. Berry
. wouldn’t cooperate with the

.{ appeals. He never got into the

“second stage of appeals. If a
the appeals went through, I. .
the séntence would be |

"The Bible called
‘@for executions. _
“@ Aren't state exes:

ee Conuaiin? No. Most en

| Se emia nile ee

what they want to find.The ,.; -
eye-for-an-eye punishmentin
the Bible was meant to be
restrictive, not go for the max-

| imum. Christ said “love your

‘ enemies.” It’s a different time. °
“Circumstances change. We
Serer morally li oe :

| Please see ‘DEATH,
Page BA) | 4

» Editorial: ‘Volunteer’ has °
the right to aieed a 9
» Death penalty is:

Suhith Wickrema,d directo
of dustice Watch. -

: society's right, B4.-;:

OPINION |

B4_ Sunpay, Marcu 1, 1998

fos sucomaemens

ee

| Death:

CONTINUED FROM PAGE B1

ly. We don’t have neni escap,.
ing from Death Row.:: "4. -
What frightens pesple is the
posebiy of parole. The death:
penalty was to protect society.

j We don’thave to kill people“

: anymore to keep them off the .

: Streets: 28S Sek Se vee

{ . Morally, we don’t}::st take |

- life. PO a
It’s now in the hands ef the

- governor. Pardon isn’t one of..

the things we are remotelv-, pt

‘ considering. «:
|  Ifspared the death nena
; we feel he would be committed |.
: i given treatment.’
| Idon’t think we should let -
the governor off the hook. He.
shouldn’t be able to say, like”
Pilate: “I wash my hands of it.7
~ Mr. Wickrema: A Deon

‘Ton’ t aae pun
®ishment effective
@as a deterrent to:
serious crime? ... .....

Rae

TE

to life in prison and hopefully. ade

| once was: =

_ people that ;
they suddenly °
- feel an urgency
a. to execute? Life
isn't as careful-
ly held as ite:
once was.

~ Sister Alice

Questions on Berry sentence

~ Sr Gerdeman: In this case,
the death penalty may have .

| motivated Wilford Berry t to.
commit this crime.* 9 4?~":

A certain percentage of ;;
these people have a death”
wish. Because we feel bad ee
the victims’ family, some oS
| the death penalty will make ° =.
them feel better.

We don’t want emotional.

‘| bias to py. a the Eee
| Process. :

@ Ae and other
in executing inmates?

nS oa Garden [hie
because we don't rushi into

cointhe one Pteees
nits aa

ings.”
Ohio has been incredibly

‘doesn’ tgive up that practice. I
ask what new fear has come up

in people that they suddenly.-- --

‘feel an ‘urgency to execute?,
Life isn’t as @ carehully held as it,

People are more vindictiv
they go after ne Itsa a a
Shame. vwircrwedines tae cad

‘careful and 1 would hope it ‘v7 ..|*

“= he slaughtered eight student nurses,’

“remember anything about the crime:’

=: created a sensation; his trial was .._.

_ moved 150 miles south of Chicago. He

“” ‘was convicted, and although almost .*

. everyone remotely aware of the crime*| |
wanted him fried, he was sentenced to

~. a rather active'and enthusiastic sex life
_ with other prisoners, used cocaine and

a
“fie

Mr. Wickrema: The crime
rate has dropped, butit’s not -
because there are more execu-
tions"

Most murders are commit-
ted in the heat of passion, not
because they think about the
death | penalty. *

The crime rate is dowit:
eeu younger people.
between ages 15 to 24 tradi-
tionally commit most of the.
crimes. is

They are still committing

‘| crimes but there are fewer of *
‘| them in that age range now, so

the numbers are down. :

. The death renaliy” *

-_ is law. A majority:..:
@ of Americans favor
it. Does that matter?-

ityi isn’t always right. Whether
or not they favor it, I think
| depends on their understand-
ing of it. ;

Pollsters don’ t always add

| qualifiers. When people are =..:- |

asked about specific human

i beings, it i eater? Oe our think-.” es

ses ing :

Sr. Gerdeman: The major-:. ‘|

' prisoners (the strangling lessons
_ apparently didn’t count);*: :

| going to do to him? Send him to bed
- without his dinner?-#

*” knew how to play the game. Polite.

«messy business with the pickax, she

* gation of justice has become i in high-
- profile death penalty casés:

“a population whose brains have been
turned to mush by Oprah and dozens |.

' crime but to the public relations cam-

> BY LAURENCE. D. ‘COHEN:
Special to The Hartford Courant

© Jocal nutty murderer. In 1966, not far

“ers about how to strangle people. (“It

__ £0 atit for about 3% minutes.”) And, of
course, he admitted to prisoners that
* hé had, indeed, killed the nurses —

THE CINCINNATI ENQUIREF

Death penalty i IS society’ S righ

diss it tbe

Richard Speck was my very own -
from my old family home in Chicago,

_ for reasons that no one ever really
_ understood. As he explained it, he was
on drugs, he blacked out, he didn’t

The grotesque nature of the crimes

ae ine Bie alae WEL, se

life in prison... ©
And quite a life in prison it was. a iA

. Years later, the public learned that *

_ Speck became the prison painter, had

offered up free advice to other prison-

- ain’t like you see on TV... You have to

each and every one of them. The
drug fog apparently had lifted.
Speck was no Karla Faye Tucker.
He wasn’t cute, he wasn’t articulate,
he wasn’t sorry, hedidn’thavea _
born-again conversion to praise-the-
Lord Christianity. No journalists
chose té write adoring stories about
how ‘helpful he had been to other =

Speck didn’t have to pretty up his
act, because he wasn’t going to be -
‘executed. He was a lifer; if he snort-
ed a bit of cocaine, what were they

Karla was fighting for her life. She
~ Polished. Pretty. Except for that

was practically the girl next door.
* (Lock the doors, Ralph. Karla came
over to borrow a pound of ‘Sugar and
anax.) | ce
Karla Tucker has helped focus. j
* attention on how strange our dispen-

i. eh
Defendants hope against hoe that

of imitators will respond not to the |

paign after the fact. (Praise the Lard

Karla Faye Tucker i is chews | in this undated i image fen the iv program The, :
700 Club. Tucker, a Convicted murderer, was executed in Texas. on, Feb. 3.

arla Tucker has helped
ieee, attention on how

trange our dispensa-
tion of ‘justice has become in |

\

about to io yet alone: ne 2

interview.) Families of murder vic- “|

tims, accorded new status as celebri-
ties, are awarded mandated time in

| court to perform, as if capital punish-
ment requires a high-quality victim:  ’
Although politics shouldn’t always

be driven by public opinion polls, and
although the protection of civil liber-
ties often requires staving off the.

mass emotions of the moment, a soci

ety should have the freedom and. .

appropriate punishment. A large... ..

majority of the American people con-
sistently and enthusiastically support |.
the death penalty — eae is neither

cruel nor unusual. 2:7 =
’ The growing Anoicn dissatistac

tion with government institutions ©

comes in part from the gridlock, the

.. AP Photo

eases aoe ae

‘issues such as the death penalty.’

We are hardly guilty of a ded
lust. Death penalty defendants are,
due-processed and coddled and ©
heard and reheard and protected by
a dizzying array of mandated protec-
tions. The notion that capital punish-
ment, one of the few crimes specifi-
cally dealt with in the U.S. Constitu-
tion, is unconstitutional is ager

--| nonsense, whatever your instincts, re
are about putting a person to death, -

Despite the rather widespread con-

‘| sensus that some bad guys deserve ‘

to die, the Son of Sam wasn’t execut- :
ed, the Hillside Strangler wasn’t exe-
cuted and, of course, Susan Smith,”
who drowned her own children, is '
free to spend her days conte plang
how tough it is to be amom.

_ Ima death penalty sissy, myself. if
Americans rose as one and declared «

Capital punishment an inappropriate

use of government, I wouldn’t lose a

| moment's sleep. But that’s not where

our collective wisdom lies. We want a !

-.,{ Certain small population of horrible
authority to agree upon and mete out

criminals dead, as an act of public
celebration and ee! Thati is «
our right. -, .7s.-

Karla chose the pick. We chose.

the punishment,

Laurence D. ‘Ce: is a senior Pillow

_| at the Yankee Institute for Public Poli-

cy Studies and a public relations con-.

\


496 CIRCUIT COURTS OF OHIO.

Edward Blair v7. The State of Ohio.

Notes werealso given to the administrator, presumably for his
fees. These instances are referred to simply as showing the
difficulty, after so long a lapse of time, of ascertaining the
amount paid by the plaintiff. Owing to hisageand iofiemiles
the recollection of the plaintiff as to these particulars is very
little to be depended upon. He states that the defendant paid
only $1,000 upon the land; and this is the averment of the
petition ; also that the fees of the administrator were $1,900,
These are among the statements we refer to as showing the
frailty of his memory. He is unable to state with any denne
of certainty the amount paid by him. As to the aroun SO
paid, we are not, under the views above announced, called
upon to determine. If he have any remedy therefor, it is not
in this action. Whether or not, to the extent of the payments
made by him, he is entitled to be subrogated to the rights
of the mortgagee, is a qucstion not arising in the case, and
has not been considered by us.
The petition will be dismissed at the costs of the plaintiff,
J. R. Bartlett and Mr. Gardner, for plaintiff.
J. H. Rhoades and Finch & Dewey, for defendant.

(Third Circuit—Putnam County, O., Circuit Court—April Term, 1891.)
Berorke Brerer, Moore anp Seney, JJ.

Epwarp Bruarir v. THe STATE oF Onto.

Mere irregularities in drawing or selecting grand jurors, or the want of
record of such drawing and selecting, no objection being made as to
their qualifications to act as such, cannot be taken advantage of by
plea in abatement.

An indictment charging the crime of murder in the first degree, wherein
the killing was done at the time the accused was attempting to perpe-
trate a robbery, is not bad for duplicity on the ground that in the
same count it charges an assault with intent to rob. Such averments

_ are essential in charging the crime of murder.

A juror in acriminal case, who states upon his voir dire that he has formed

or expressed an opinion as to the guilt or innocence of the accused

vv 64 Cvtud ltt, Biygps.
CIRCUIT COURTS OF OHIO. 497

Edward Blair v. The State of Ohio.

which it will take evidence to remove, is not rendered incompetent to
serve under sec. 7278 Rev. Stat., providing such opinion is formed from
reading newspaper reports, and not from reading or hearing the testi-
mony of witnesses, or conversations with them, and that notwithstand-
ing the opinion formed or expressed, he can render an impartial verdict
upon the evidence adduced, and the court is also of the same opinion

McHugh v. State, 42 Ohio St. 1d4.

The acceptance of such juror by the court, is sufficient finding that the
court is of opinion that the juror will render a fair and impartial
verdict.

A juror who answers upon his voir dire that he will not render a verdict of

guilty upon circumstantial evidence alone, but that he will require

direct evidence on the part of the State to do so, is properly rejected
from the panel upon the challenge of the prosecution.

Error to the Court of Common Pleas of Putnam County.

Moors, J.

At the May term, 1890, of the Court of Common Pleas of
Putnam County, O., the grand jury found and presented to
the court the following indictment :

The State of Ohio, Putnam County, ss.:

“Tn the Court of Common Pleas of Putnam County, Ohio,
of the Term of May, in the year of our Lord one thousand
eight hundred and ninety, the jurors of the grand jury of the
county of Putnam and State of Ohio aforesaid, good and law-
ful men, duly empanelled, tried, sworn and charged to in-
quire of the crimes and offenses committed within the body
of the said county. of Putnam, in the name and by the
authority of the State of Ohio, on their oaths aforesaid, do
find and present that Lafayette Stoops, Joseph Shoemaker and
Edward Blair, otherwise called Joseph H. Hill, late of said

county, on or about the seventeenth day of March, in the

|
i
i

year of our Lord one thousand eight hundred and ninety, in
the county of Putnam aforesaid, then and there being in and
upon one Arthur Henry then and there being, unlawfully
and forcibly did make an assault, with intent then and there
forcibly and by violence, and by putting him, the said Arthur
Henry, in fear, to take from the person of him, the said

*

i “prempg *ULyid

ve

suey €9Z eq TU!

Fe)

*T69T-T2-g (weugng) oTyO pe

OPO Tre RL a
h there ary
* Ganevra are As witnihtle
wee Box. and 4
He CORR A REM HL
44 notable
Lb nahe. at exeeption
peda ty hoater
me Pheanre: Tiesday

Thre fom
rary,

it

of the

asl

RERTY BONDS

LS of TR Pe Quisenherry
Division; Joo M)> Meera}
and ee Divieton and
of. the. Pood Hoard) of
Feoad Adnriiitstration,
fed fram the eleventh
Gor Os The Pelt Hala.
on the same corridor
Aiviehon This pote all
f the Poed Admintstra-
me flegr.

aM Me ‘Bonita! ‘

=z

¢
{

Bite

‘opium,

. Pr wre

an t, Calloway aes
+ participate mm the Lib-
turduy eveuthng to nee?

ure t
seit |
One asid vot}

Minwtreia |

tubee: J). and Ih. wad

them. #re seach toad

ty Beard, Laeses. White, |
Billy ¢Vark® gr orhern.

IN TABLOID |.

will @ive a farcemt and)
“3 Om palrbotiam at the!
fl, Masenfe Temple Sua

TEL PAR ATS eR et See }

Another. eneo@tacings featwre ot the
feomewhat dincenractas Canipaign are
three. large. sobscriptions which Have |
been made durin the week Wek
Pélzer, Steiner-Labiuiaun- and the Tereus
faniity: base subscribed oamodnta “of
over $53,000 ex0h. Other ble euhecrip.
Hlotie Are expected to follow from thos
inca postion ta hut itherty Bonds tia-
eriliv, '

‘Fhe traveling Men ate potting atl
(the. Vint and Spap of which they are
cupa ble inte the campaign in the cour-
(ty beats arnt the work | esterday
stowed considerate improvement over
ibe fitet day's reeglts The traveling
men Febiivned to headqaarts bat niuhe
after a hurd dase werk with. e¢neours
aking reports and without exerption
thes e¢apreased the .opiiien that the
ifstmers of thé county are goings to
‘thet: full share

1 WG are NOt to he Cane in this
parive hy (ieorge Jones Cominittee No
ti.’ declared. Mir -Streuse “We are
i going tO Tend ATL Une ‘eoniinil teed,’
; Mr. June, ehateman of 34.?> quletic
premarked, “Weill tee. and turned tg
PMiap ut # plan Of @ethon. for today
p with hie feliow. SG iintlttesnien,) €) 2
Mate, Hartwell: \\uglagn do Wo Pes
ter nia By Ay No Towa,
-- SSeeetie

-

‘
i

the post office ate4 a)
v afftetnoon le  w Inne :
nt women Fh rhe city, | a ned
che part. bes s :
Nes ‘Chairman Announces No.
OS Of the Airts Paths +

S requested fo meet Aties
Herers Mee -Saturdny
* objeet of. they we
Hs TOP THO RATE at
Mothers pleture whic
appear wt Lhe pers
Tha rsdiey) es
i
ioe ys wae (eka

Th Writ ads Bev,
of Mortgormery; ois

fick

ist

‘

say aia

b a
MES
pays i
ATE
‘tes

of

fa RR. tate “Ot te

-as-< one eek» tener nn

¥ Simeon

sate a

i

taco rpdtati ore,

| Let-Up Until Drive Is

7 ‘
Successful
; 4
H denen rlpeenretanens
its Sue long ATAsOte the Koal wet
i
4 Or Che wart hs) page tee af the
(Masrth iiberty Hoan drive, hur meen
+4 ! 2 :
te yikbtithere. The wotien of Mani
ROME y Rave ede wp thelrominda: to
thaite the ounta assigned fife tinder!
the etctent: eiidaree of . thelr vchadir-
Fat OM ray Jatiat Rive, abe} have heen

vee it reaeniked And are “@bites

|

ie af Misia td thre ty CPT Paes founds: ip we he ase to beben can
V GAROTAe BRAG Ohittie ) ieee ceoring eveky e@dr” in theta
seu? wf Lhe iNaibting A Tie ty, etidear ce fer Miele ‘ehare (a Rowen
pol phe e pele ahead ate PEM Ihe cual winpiant .« ‘ whan
Rael aed ald pcb: 12.4 rent eR RTT bs vtheraracton ie
rhe borwad {ar of the oytin hood hes. beens ne Mhstantiat Va
bo ete Mowteciners: t thy yin fhe AWOUnL Pabsed Hy re
GaArt “pf an thaneed Caps Fw adbeigiy inimatibee: th the last. tee
: pen. PES Pi tat Delle bomee pep reperty an rie prtrerin
The fheteporates wy sat jhemd@varters show .a. grad-
Bite Bary ah, Ws aed ae Sd vdasennt ‘Are (the choke» to
i. fobhiyengdkh ah {NF +3 Fit Pen itfecs Coniiniue w tharcieh

if rhias Gist ric tg assigned.

Milena Are Determined to
Reach Liberty Bond Goal

mn
them, the women. will reach,. their ¢
goat, j
Aqeording to. recent reports from a)
epecia!l telepfiare eommitrer, who Keep ;

LyErery

their!
fand
+ fe iet,

+ ey;

Dit tmidden. lide

' BOE! FAVE BE TROT DS ESE CTE AU ek REED,
eaneny Behoo) “Aekociation,. which ry Res TIN SD HN HET
the Alabama bration? of. the: Tnternas} ‘
tional. Sunday's Behoe} ~— Assoclation, | { ;
helps a: work that qs state-wide and! Interest continues to grow in. thie:

t hee use |
deal of tere}
ha covered Stra: tyre 4
el tadies to beg can
terdinuries a9 early as is
day, in oniher tq #oh-
hendquarters as soon

Ih the house

{A & great

tote with
workere,. there
yer
TeQuerling
asathy their
cokventent: ¢aeh
ma Lepore toy
awe Porsihbe:
The woman's committee wish
the attention bf the Montgomery prb-
tic fe (he tableaux co he ataged th the
show “windews of the stores on. Des-
ter catenie LoOdgas. trom ore. F a. Mee
fu mddition to tie tableaux there” will
the epeclal nivwle “both Taetrurnental;
vowel Gndlé:. the supervision wf:
Tl eailoway.) Dips Michael!
chgitrian pt the committes an;
demotiettationts ¢f° “Womer Jn;
“Wtk” Gave Wha te wnarrEe oT?
célehbration i* wotipi pating a
gael maiginge fom thes
awa efarts the au b-
the vars
The whairman of each
ee ei with the -others
Window. the most athraot. 7
ine ious

Laer

is

to onal

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splemnlia
PAtcwayalahyte
CURRIES creation oor pita

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fe atid

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a GRO BOUND: OVER- =
ON SERIOUS CHARGE,

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Wyee A) deBising  stoten® prowerty wu
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WERTO AM charged with crecel ving?

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SOMO WN ES a
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Lyvetian <' hurebh et h-

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Ft beet oly: ne tee

TW Sa as ae

Bid te OC Pa LOL A eget
pares Ney ind br teh

dahey Mien 4
pret’ s bafirrigey
artitenr
beer Ake athe Pert
wh, Peet

i Dee ty

Mun era Ned 9a
WERT Y. BONDS
YS: TROOPS

FRICA FIND

nt tn den —pnacmenes
Peiated F*reem,)
i—Portuguexe forees

senbanetion wie she BOND RALLY AT GOING FORWARD)
thrown, the | rematn ' y |
ja Geran Fast ener | MIL IT ARY CAMI Si bh Sfytiets cote
he Rofumn river, ac~ | cccpeieipesepities (Anagetaied "Preny,) {
* Fetit Pariaten. The | St the Aviation. Mepalr Depot No. 3,)) WABHISGTON, Opt. “ Shipment at
tom the regton of Lake ice Pivess. paiies dar the Liberty loan’ be TLAV and. JAdne dane COTO was
tudian ovran and forme (iti put on each Monday WHE FPMay “wteator inst werk train at any sl E
live bet w Geeman | och? watt the end of the drive. The! since thetr. meinyfacturea began, house
Kawt Africa. firki-af the valllex wilt take plate noxt) miliary cenimittse members were taid
es were  eompelled- | Mendar night and a burlesque parortr? Friday at -the war departiant.. and i

t quantity of merteriat
roan men in. priseners,

ite looms Deard . sey :
EWE | PORE Harte
ME Noy ef the a hteet

softer ate a!
Dy Bh pe iad 4

ISTENCE HARD that

~~ err “WTI CORAL WHA 1? Soi RG ski 94

“edd ta have heer Bahn from a fouwd |
PML ode beer eme ihe otkan i Oe gui SIBERIA
fe ree’ wag Aion cierked: WIth vite
tat type Bron\birton aw cand wae
Tne st a? LL aR eset & *

HUY LIBERTY BONDS

ANDREWS RETURNS

f

oe es
ANd ews BATH Hrivon ana’

batt en returned Yesterday
Warhing ten where He attended
epee of the Bedereah war
¥ board with they ariones
of ihe countri. «Pie

Tea
a
1 neticin
reir &
RECT RINT ODT,
rexult« were
Attended the: ° conference
ity woof. state factors. inapector
BEY LIBERTY BONDS

x purpose
«

Andrew s
very. bemeficial

the
t

Sesie

witt be given. There with be several)
Rpewve “hea

*Tichiture,

yestordis, ¢ pate? fest a8e

FROM W ASHING TON

+ pareder

lahor:
lnbor

about w closer cor ordinat Oy
mae ret

in’ the; bere for: the. delay.

Dell: AVILAND PLANES

FEED TAX STAMP:

- % er eeey
badibl A Wade, conwmissioner of ak~+
wert te Aflanta redterdag fo?
PUPS ARE Tee TAN eran pe Tor” Te TT
during — the: pears,
These stam fe are weed On vinised fowds;

teonr- tah che proceers zo rwant tetraringe ye

the eR ER ANON ine aisha it ‘peste A hide ther
frets *

utoof this Bak tWO.. tield tnapectore.

etd office inapetor,are patd

BEY LIBERTY BONDS

PAYS THE EXTREME

ty

PENALTY FOR MURDER

CAssoclated Press.)
CLEVELAND, ORO). Ort.
ou Blond of Akron, porvieied
oft-an Ayan policeman,
electrocuted “inc the Ghite
at Colwmnhes eariy Prada,
héuts before papery. granting &
of ¢xecution reached. the prison.
Siswiess: ot ate matic was. blamed
by the oterks of the appeHate © court

Gn Paw
for
was

Stay.

mE LAB EAT Y. BON Din

rently pneenanen ss craead the Week. .

only. ormanizavron.irying ta Hieip every
Sunday: schoel ty Alabama and jur- | 108 the tremtment of dineane,

bed und saved by an organined
let women.

day schoo!

i wholerale
) PRafauia

Cmorhineg,

387,

|, WADE TO PURCHASE :

4 =

penitentiary?
Met & fer |

‘} pieture gou've recently seen,

production Of Yiberty motors also. wae]

peieinity over the pew. discovery, Tro-)
gen, which scientiets and leading au-
hthorties are -dlaiming ts revolutlonsz~.

continent-wide im o-extent.. Pha Alpe
vama Sunday Schoo) Association ts the

tt is Getmed that Irogen “is thé
erent which eupplies Nature with the
clement which she requires for the re
generation of biged and Vitel powern,
iPher say that ft is now a known: tact
t ¥ Rs

lime of loneliness and temptation” by [that wrery nerve, musele and vital or |
an organized Bible clase, of which: @#n of the human body draws | ite
there are now lieted more than 99,000 neowrishmert, ...and ther iis

powes tO reuch every YVeglected: nelgh-
borhvod An favestment in this werk
may skye your Day

“He tony. leave hone to. seek work tn
the yréat sity And. be Carried over ‘hhy

with the. Iptersational .Assentation. | Strength, trom the blood, Thue one's
Your wit] mnay have to itave home to) blood te “the unfailing haremeter of
vaeek work, and cin? the. Unie of: her ae” strength aad health of the body.

Yonetinese she snay be helped, comfart- i. They advise the pablle to: take no

 echinees, but if the nerves and) mus:
(eles are net as Strofig ax they should
be, if one feele weak, languid, Dive
aud gisenuraged: or if the food does
hot digest properiy or. .give sacurat
&trength, ne time sheuld be lost,

supplying tite bieod with the Prva ty
ening «element? fourhd in Trdgen. it
this ta done, they declare the naérve
{will gradually. became stendy ahd. th
phy#ical strength: and power of en-

elias
Your neighbor's, bay, whe
will be your sonsih-law, Or Your nelgh-
bors giv, whe: will ae your dauebter-
in-law, wiht malcn fnar the iene
life of. yout aidrer.

"Walp ue re improve the Souday
school work in Alabama so a8 to give
to every boy and. girl tn one State the:
estes & that eorma from «good Sun-
und: help uy to win them)

to Christ. Tt omeane té you that pour) durance and, (he natural flesh wil ro+

children ahd. your nelehbors pnlidren tur, unttY one looks and feels physi-
are now, creatures fa Christ: Jenne.) tatty ft. :

Your denomination may help. yuar chit.) Warnltg i given, however. that

dran, but may Not: save your neigh« | Owing to its well-known fiesh-bulld-

bors ¢hildren, By co-operation “to. i: ing powers; Trogen should. sot. ba

gether we can help them all.” j taken by Anyone who does not ‘eatra

BUY BIBERTY  HONDE Bag tra een e 2 ‘ 4

; Note--Tragen, the product mentions

ABE-d. MEI -TON \ghove; ie Now on dle In Montgomery

: SRE ITI AO “ iy the Maumirick Drug Co... Gem De
RETURNS £O CITY. Peagiar, ang by the leading druga#ists
Cat Nona euch tin: practically every elty,. town and
Abe Ji Melton, who left Montgomery, willage in the State
a faw wonths ago to accept a. posi-!
tion with w Reimu hotel, has returned!"
and wilt cresume bik old position of}
night. clerk at the Exchange Hotel. !
filing @ .vYacanhdxy: whieh nay. exiated «
for séveral weeks, the “day men have}
ing to double tp for ihe sight curr:
Mise (orwalk haw accepted? a posi-
tion at the hotel. as a telephine oper. j
ator: succeeding Miss Litt, xh hes |
goné to the Western Unton as vist gipsatgdl
1

5e and 100 Including Tax

clerk,
+e BUY EAR ERTY, BONDS. on

WILL DISCUSS :
FREIGHT RATES.

a
At. the dliréetion of the <board of!
directors of the trankpettatioy. bareau, |
Mi Mo Caskit, manager hae ipvited the |
transporta¢log Manet Mobile.) Birt
ming hat and Selma aod the leading
men, of. Toseatonas.”: Tray,
fiothan, Opelika, Andalupia,
and Anniston (10 ment with;
MGS FR” CRIPIeTS “On Titsday ?
yetober 8 in the Chamber
at Cemmercd Tor the, purpose ar tak. -
TA COHCORT Od @OllOon ib tegard to thes
uniform stale of rates as proposed by }:
16 “raliroad ‘administration,

PAULINE

STARK

i} AOSLOTY at a German apy
whose work in America fail
AT Rrough the-wit-of-a gtr

Osark,

ihe

Daughter Angle.

Mere is a he that can. be: galled thebest which Miss
Brady has had see “Bought and Paid For. Tt is a
story of met tte ition! git Bee. Avith the stat i in 5 the role

7] aQfart that. madeal for her. You'll tike jt hetter than any

a i a TO-DAY


__ Now esto the ates of the failure or te
| fieat rope, ed Tid stated that the
| nots werd tied a yer Ebert of

Dayton, & tortoat B eri Montgomery,

DAB ABLE) Bey Chee Ub & EUs mucus | connty, and. who pda that they
mare endowed | Aaa the power of reason-| would atand. In muking the noose, the
; | pope is ‘doubled: eo aa to forme Joup, then
verything im readincas, ‘Bheriff Gay eo serca the end of the rope
ped to the rear, and at 12:14 again ugh aoe t In the wmeking
epfung the trap, The body fell with a, baat this Toop’ 8 end of the rope
| Bnd d thie time) the rope did not, eee. a ou heya what is known sa a
prpve | tret performed the | srown inotatt the end. = hath or noose
wark pretty ire ' Wath the fall of the] referred to, tis seid that guch knot wag
body, a. man, in the crowd named J, H. not made,’ Aovordingly. when the weight
| “fro | Columbus, | fainted, and had| of the men was put upon it, the end sim-
»d out of the enclosure, ‘The| P'y pulled ont like.a bow, and the weight
ie jie sigh two or ‘three a conte quontly fell to’ ‘the prone

th ar pm et ie Hight moy time it just shoal ready to he cut down, Sheri
ABs) tte

moved, sa e "hang led by the phy-|| Gay recelved tie folloyin tele from
siciens, 0 nounced extinet,| Gpvaraor Young: | ae =
_ jAt one aller hangin the ‘pulse| “Please! telegraph: me the time when

t one ft i : abner ; at four| the execution of) ‘takes place”
meg + ab ve her 60, with a To this Sheriff Gay’ eg Puen fol-
irationy'st Hix mingtes, 26; at woven | Toles
‘al half jm toa no, pulse; at nine! a yas etenteg at 12:14, ‘He is
minut at 2 as iep bation every ten: dead. oe a

en hinge ‘one respiration, fa bandhihetist wes at on
igi hé heart beating epram a pobre i esa
1 There was slight re-|| nor had let yp at

$ ay after hanging.|| if!not| too! late, |

‘enery fille

and i

oe its and,
‘ panel nfo to’ sant
tlmtopped beating at 18 minutes,|| pose E-xeoutive clemency
3 ie i Pohovepat at 12:38, At) & Tittle
| was | ronounced dead, having | ¥ arth,
g 42 hell At 12:50 he was taken: pur ioas t | qi the Gsversor ited ‘ae in.
d wn. The'knot on the rope was direct- | formation) | | |: !
under the 8 cain, with the preasure on'| [The| Mk: Ver on Iaderda under con.
thie soadk part af the neck. The vertebra | mand of Oaptaid'D. 'W, Wood, ed
not severed, jand Bergin was another the military dnt ‘abéut the jail and p
victim: to strangulation. served the best of order, They did their
"1d #08 a the body was taken down it may as ies ad, | It is believed, satis:

removed i the. hall of the court} Ld
hue, a in ¢harge of Robert Miller,| ‘There wane eeimpsidgs « crowd of peo-
plant tte 1. “coma already prepared. | ple about th gates at either sige of' the
ped then taken to the parlor of the jail, | Court Hi vind! and | jail abvaitin - oppor
where thoee|who desired ¢ took a farewell tunity to get in look at the
rs k, (It rae $b then removed to the resi-| the execution of the sentence. im the ihe
dence of| Bergin’s sister, Mrs. Lester | had ifally carried ont, the crowd was
Headly, on, ¥ ine atreet, from which place | pérz hel ta is com ook at othe gibbet,
erate. he tenn femains will be interred in | posrarioa, aly ‘90, rand
o % 4) 4

ped fik ibe et And so | te ble - ae.
oe the carger of one er cite has been | «| us anh’ t
briefand tempestuone, | Bait

wet !

ie


VISCO ith GaLiF, AGU ets ideas BAG V OE
his spiritual advisers, ; . Thomp-
son and Rev. Mr. ‘Sasrews at ived, and
hag a private interview with him, fol.
lomad by zeligions cisen,
‘pon versed freely with theee who
called. on m, and skid: that he was pre-
pated to die. | He remarked that he could
fol realize that it was he who killed Mc.
Bride. It was, he ald, »ihis hand, and
‘not hig hearty ‘that ie conscience waa
free, and be ‘did pot fegr
God. He also spo . ha
of his air to ae
As "oaks pl drew, + ar for the

seen, 80 intense was ” moe Be curiosity
of ithe public. |
fn ri opposed the dati
Peers: ah rrneres and at one time threat-
njanotion _ prevent their at: |
tendance, wt es with’ others to whom
tickets had been "Bhald Gap the nine

Swed an

ribed by law. Sher aes told him
bs could do 80 he des
sized, but advised — him not. Ber:
‘gin at first imtended to make
a apeesh an the seaffold, but was per:
suaded to not do ag by hig mother. He
afterward remarked hat if he did gay
anything, it would be ¢ -bounoe the re*
porters. \This course w

ajpet, and nothing was said.

_ [tia alag ytgted that ona Rev. Mr. Bur-
row sdvisd this hoptility to the press
gang, and will be remembered kindly
should it ever be the duty of the gang to
drive a pendil at any formance at
which he shotild be prominently brought
forward. , [t is further said that the Rev,
| Mr. Burrows has necured astatement from
Bergin, but what di ayn will he made
of it is moré than e Welter knows or

ORTOR,

“giao advised

|
|

ouse and’
| wide with a

“the gallows, which has already been

ken of, was erected betwsen the Court
ail, and enclosed on either

| modern atyle, and instead of & craneshape

j fc

va fail ibe bullae

very compos
his usual “hee
ey ie
who held tickets of admission’ were per.
mitted to enter the
_ was, ' . zi f
them ware two of the! upvee Wihy con:
victed Bergin }
At about 1 12: 05, , Bergin, §
Sherif Gay, Sheriffs
Sherrard, of Putnam, and ex-

OY;
Beach and Armstrong, Bergin ‘and ‘Gay

| walkin arm in arm, entered the enclos-
“are. Howin then came Rava, gi =
Barrows: ‘and “W tama’ Thompson, ‘Dre

| MeMillen: ‘and E Hall.
‘Bergin walkat wii e a and: biaaiy

i
8

complacent! 33 ang mc ‘be.
was nt thig: Be upon hina, tol fen if there

wea the slightest ornervounness, but!
all this. was apo tbat In ascend-
ing the 1 inclined

his head: ‘rligtal iter | Ba

get a area those around ‘alee: wher he
under OWD & t curl of.

the “a ingle noticeable, =e “th

crowd before him with

s look an porhape = Fee shot -from . the
ber of rmertal: man te it Fatt to aay)
that Be wha io ie Ube

hea & beam, extending across 's lattorea! |
the ends resting on u rights.
; form fe elevated abont &ve and a half feet
from the second or bottom floor, the drop
being about fonr feet. The rope is of
| cotton,
about balf an inc
farnished by Sheriff Beebee, of fiayion,
the noose being tied, it is male, y 2 Mr,
peices | ye : ced oe
county. ‘it waa placed ‘on the: seaffol
shout nine o'clock

tried, to gee if it would stand the weight
with whieh it wartowe to be freighted. |
- In compliance with g request of Ber.
gin, the death warrant wea read to him jn
his cell, where he also took final leave of
hig friends. bresenty and told Sheriff Gay

gh board fange. It is of
he plat: |

acsordin to Bergin’s request,
Bi in thickness. Te was

an ex-Sheriff of Montgomery
in the morning and

to those absent, Ha

ordeal in a

“manner, aint = ate
re and couragp.

twelve o'eloek,, those

ure, nume,

perhaps, in -ell,)) Among

satolpeilied by
be, of Montgom-

gool and:
ivery eye

He surveyed the
aa ‘elm tea firm


+
——

ne eervige, over, and Bergia having |]

ified that he had nothing to say, Sher- | |
iff |Gay ntepped to the rear of the plat- |!
form and at about 12:11 sprang the trap.
The body shot'through the hole with the
rapidity of lightning, and in an inetant
madre, Bergin in a somewhst‘inclining po- |
sition fell to the floor below, partly lodg- |
ing againstione of the uprights. Such a4
thiill of horror ae ‘passed throngh that |
erdwd will never be forgotten. Men. who

| i gi

vk ad

é

; t Ph IF 14 See Lior F }
f ‘ ’ a va 6 a
5 on (
at | Wee oo HEP ae ial
Oily btamaile “tbet 3h
i Bes haa Alb |
4 dhs t] View y:
do crip mae TR al
al ~ st °

d than the rest exclaimed,

ere’s the beauty of your Christian

¢
w
‘)
Loe
-

(ih PB)
i i ,
i ‘ if " 4
j eG A ©)
dasiiys a pied
he 444 b Ab
+} ee ee
+ ; ‘ t &,
q
b

Wwitheesed the 'afelr, °°) | gallows, for you !”” F ed
1 Re ie Pha Pintioned the ‘prisdhe gin | id not seem to be hurt the least,
WL a eee Dean treviotal y ‘tie. although’ @ red mark was visible about
eit ne ga ing, On. Bergin thrn his peck. His nerve did not forsake him
£00 took'a view of the even in thia most trying of all ardeals on

thin stage af existence; but he stood oe aR
, ae bly
could, looking death «quare in the face,

change the
| it sition. Hey]

* homeut In staggering beneath the gallows it is
Sek. el! mall be exclaimed, “This is worse than
m

pe
i

st he bev; |
| hand-l 8 right was pon: which were the only words spoken above
a whisper. | ‘While being placed on the trap

i: second time he said to Sheriff Gay;

fogee, “Hurry, Johnny; you are choking me a
iF A | o8 ani I can stand it 1 A secs
| be | “the reporters dix.| ond rope was produced, tied to the cross-
covered that: gee under the trap beam aboye, and the noose again
door had mist oved.’» With ‘some placed about Bergin’s neck, . All
id ed Jin gatting tho at- thip did b' not take more than
one inisters who com: |: two or three minutes, but the suspenee to
| mag ithe fact to'an attendant, who |’ the crowd ier terrible, and what it must

| texnoved the wedews, |. haye been 9 the prisoner no one on earth


*
bet teh ae i

NOL Gs:
ment bhrank froin
‘duty which’ the

‘perforn.


ie The ‘uprising marled inside a
*chain- link fence box, dubbed the “rec
Kage” in which death-row Re
get their daily exercise.
;+_ Prison rules require inmates to be
sshackled as they are transported, tc
and from the cag Ry ee

>* But’a guard broke the rules "by

‘pening the door before handcuffing a,

»anyone, Moments later, the inmates
‘ iad taken over a area. The guards
phad fled. 5 es eel
be Mr. Hane was ae: by. ‘all. ace
,counts, the sole reason behind. the
-ihini-riot, but. prison’ officials ‘have’
‘said they’ ‘suspect he was a ‘Secondary:
‘Teason.: ‘And he became
‘target once the. riot began.*” * a

Some held him down while others
ficked him and swung chains and
Socks weighted with padlocks at his
fpead, h his lawyers contend “in court

~ The uprising landed Mr. Berry a ee

ithe Ohio State. University Hospital,

Ithen the Corrections Medical Center
n Columbus, where he Temains eee
‘ay.

When the disturbance ended, |

eath row — already governed by

stricter rules than those’ applied to’! They” “eat ‘m ls in “thei ae

Ea throu ha petal Slot — or..
Everybody with a death sentence.’

‘general population inmates. — bé:,
' came stricter. yet ae ete® eee iG

, ot),”” said Anthony. Apanovitch, 43, oft,
| Cleveland, sentenced to die for r the”
' murder and ° “rape of Mary Anne
; Flynn. He was not involved in the
_ mini-riot..
For Jeff Wogenstahl, 37, of Cincin-
-hati, the biggest change that oc-
‘curred is lack of access to the Jaws
: library. -
“T’ve got 23 hours: a day to doves
, to my case,” he said. “‘If I can’t get to
‘the library, I can’t help myself.”.
' He was convicted of the aie
jbeating death of.10-year-old ‘Amber:
Garrett of Harrison buf’ continues to
‘Maintain his innocence. 88.7 aye7 <6
- He caf recite criminal case ee
land developments in DNA testing
; that he hopes will lead to his exonera
_tion. Thus far, the courts have turne
_ down his requests to have the DNA -
‘tests performed.2.:#4) +234 a
: After five years fe Mr. Woge eo
ee understands Mr. Eee wish -
, to die. ae

ane oes

i? “Spending the rest ‘of 5 ‘your ‘lies in 3 fi
- prison, having somebody’ tell’: you's":

when you can do and -what you. can
do, that’s way. more, 3h
ment,” he said. =.

BE REE

;ons .and loo

he In mid- Ne vember,

Convicted murderer Jeff Wogenstanl, sometimes must wear ankle

cuffs. Married i in oheed ait never got! to aS the lay

harry Wilkinson:

thé Ohio Department of Rehabilita-
tion and Corrections, which oversees *

Ohio’s 29 state prisons, said inmate ©

privileges vary, depending on the

crime committed and:

behavior. *¥:

Death-row inmates ‘are treated
differently, in part, because they be-

the i inmate’ S.

lieve they have so little to lose, he

said. While other inmates are serv-
ing time,” execution — not freedom

director of the. Correctional Institu- ..
tion Inspection: Committee, a legisla-
tive Panel that, monitors Ohio’s pris-.

ut for. the. rights. of...

inniates.” } 4, 5

Ra a A

about two

THE CINCINNATI ENQUIRER

SUNDAY @ MARCH 1, 1998 -

' death row. “fametae peice ee
atte out of retaliation, were leav- .

Davis said, whom he described as “‘a
good listener’ ‘and a good person.”

“That issué.was taken care of.”

~ Inmates also complained of more’

routine matters: Visiting rooms that

are cold, dirty’ and sometimes un-

“available,

“You he to understand when
you’re doing time, the little things:
like that are viewed as big deals.”.

Even before the riot, visits with ©
family and friends occurred in “visita= ;
‘tion booths”

ars Nese jieeven 4 says he ©
© udetauande Mr. Berry pretty well.

” (Berry) does,” he said. Rises — is.

Peter Davis serves as ‘executive just stronger than his is.

Mr. Apanovitch believes Mr. Bee
Ty is insane and wants the courts to
block his execution..-<-

: “Td like to see it ‘stopped just to.

eS see if he is competent,” said Mr.

ee who has been on ae

~ “I go through the same things he’

bsg! a

ing them shackled in the rec cages '
even after the doors had been locked. -
-“‘We talked to the warden,” Mr..

‘row since joey 1985. “That fat is :

trying to commit suicide.”

a) If U.S. District Court Judge Alge-
Marbley gets his way, Mr. Berry

—

non
will have a new competency hearing,

‘a hearing that will scheduled only

-.,after the. 6th. Circuit rules on the

Mr. Berry's ceotier and sister.

“ing; that “he' is too sick to make
Jife; -and- death. decisions and they.
“should be’ permitted to make the
_ his behalf.: *

_ mitted to decide on his behalf, Such
_ status could be granted only if he i is
_ deemed incompetent, the judge said.
Mr. Vloch, the chaplain, said
‘death-row residents are en oey
- tracking Mr. Berry’s case...
. “They know the status,” he said.
“Some of them have radios and TVs
from their family. Some subscribe to
newspapers.’ ae

zen Mr: Wilkinson, “he a state’s " prison

“director, attempted to play down Mr.
met! . ens on SGeath-row residents.

eo
N

iled the “next friend” appeal; argu-

mn: better if there is this separation.”
¢. He conceded . that. Mr. Berry’s
_case has made death-row inmates:
more anxious, and said some’ of the.

Judge Marbiey hag not "ek calcd :
whether his family should be per-~

“We haven't seen much pet G at
all,” he said. °

“Several | years ago, in an attempt
to minimize the impact of a potential
execution on both staff and prisoners,
we moved ‘death row” from the

Southern Ohio Correctional Institu-.
"tion in Lucasville to the Bs

prison, he said.. *
- “For some of the staff, and. even

for some of the prisoners, they get to-
It’s:

know each other real well::

anxiety. is tied to the belief that
“courts are being more sympathetic

“to prisoners who want to exercise
TR

their right to be executed.” +."
“There ‘also is this superstition

‘that. once the first one goes, it’s

going to become a routine process.
Of course, there is nothing to suggest
that’s the case, but that doesn’t do
much to calm the fears of the Prison-;
ers on death row.” |

Richard Dieter, executive director
of the hie Penalty Information

: m3

= !

Center, said history proves Mr. Wil-
kinson right.

After the U.S. Supreme Colin
reinstated the death penalty in 1976,
“the very first person executed after
that was a volunteer — Gary
Gilmore .— and it was 10 years
efore Utah had another,” he said.

Pennsylvania executed two volun-
teers in 1995 but none since then.
Maryland’s first.execution was a vol-

“unteer, but no other Executions oc:
“Curred for three ‘years."*

If Mr. Berry’s execution does pro-
ceed at 9 p.m:. Tuesday,’ all the

‘inmates on death row will be locked

in their cells. The prison will’ be .

_ Staffed with. extra. security, and the _

inmates will wait.
Despite the drama, Mr. Apanov-
itch believes the death penalty does
not deter crime.” ~’ i
~ “Whenever they kill Berry or any-
body, they’re still going to have to
lock their doors, still going to have.to -
look over their shoulder when’ they’ re
walking down the street, ’cause it’s:
not going to make the state of Ohio
any safer.?? “tA eke eR, get ey


Berry: Court extends -

wus

- Only after that would he decide
whether to lift the stay or let the
appeal go on with the family repre-
senting Mr. Berry. oe
Ohio Attorney General Betty

Montgomery immediately asked the
6th Circuit to lift the stay. She said
state courts found Mr. Berry to be
competent and he should be executed.

Sixth Circuit Judges Cornelia G.

Kennedy, James L. Ryan and Eugene
E. Siler Jr. decided nothing during the
weekend. : | ~ ce ee

Monday motning, a flutry of faxes: Th ee a ae
pF Se e attorney general is making

_ _ anda battle of motions and memoran”" these decisions. devoid of any poli-
» ties;? he said:.“‘When you've. been a

criminal’ prosecutor, you ‘learn to

da resumed. -.....

Ohio Public Defender David’ H.”

Bodiker said the 6th Circuit should™
dismiss Ms. Montgomery’s challenge...
because procedural flaws took it out.
of the 6th Circuit’s hands Mr. Bodiker

claimed that: ;

> Judge Marbley’s stay is tempo-
rary, the 6th Circuit refuses on prin-
ciple to review anything but a perma-
nent order, and Ms. Montgomery’s
motion does not qualify as an excep-
{iOU, crica aca pe at

> Ms. Montgomery failed to follow

court rules for such emergency chal-

lenges and she cited no irreparable
loss to justify killing Mr. Berry before -

Judge, Marbley decides whether Mr.
Berry is competent to waive appeal:
and volunteer for execution.

' Monday afternoon, Ms. Montgom-.

___ ety responded that Mr. Berry's law-

cya Neer are option

execution —

yers and J udge Marbley misconstrued _

the law and rulings in earlier cases;

“where there is°clear error, the 6th

Circuit can lift the stay.” , :
- About the same time, Judge Mar-
bley postponed a conference call with
attorneys to select psychiatrists to
evaluate Mr. Berry. ‘s
Coincidentally, State Solicitor Jef-
frey S. Sutton is in Washington today,
and he could present Ohio’s challenge
to the stay of execution.
Mr. Weaver said Ms. Montgomery
is making decisions independent of

“pressure by capital punishment oppo-
oneness ak cee es

make decisions that may bring criti-
cism but you make them because they
are right..7 (065 Secu er

Meanwhile, Gov. George. Voino-
vich continued to review Mr. Berry’s
case. Religious leaders and other
death-penalty foes have asked Mr.
Voinovich to commute the death sen-
tence to life in prison.

. “He’s going to let the legal proc-
ess work before making a decision,”
said Mike Dawson, the governor’s
spokesman. --.:-,-- ae

_ Mr. Berry remains at the Correc-
tions Medical Center in Columbus,

- where he has been since shortly after

being severely beaten Sept. 5 during

prison in Mansfield... ~ .

“a rebellion on death row at the state

EXECUTION ‘The guys have the sense that
(IN OHIO |

someone § execution is pending’.

Berr

alters —
death
row

“Volunteer’
worries others.

_BY SANDY THEIS
‘and KRISTEN”
DELGUZZI -- ae
‘ The Cincinnati Enquirer’*°* * =
.. MANSFIELD. — For the
'175'men‘on death row, Wil-
ford Berry’s wish to die has
: changed the way they live.
Twice-daily outdoor recre-
ation’ periods: have been
‘shortened and cut back to
once a day... >»: =
The law library, an en-
clave that once offered es-
cape — at least for the mind
{ — is off-limits now.
j And inmates who found
i
i

ow epee

SON) RQ Viempteneten

|
|

' comfort in Ohio’s status as
one of just nine states that
has not used its death penalty
are troubled that one of their
own is trying to die.

“The guys: have the sense
‘ that someone’s execution is
' pending,” said Frank Vloch,
chaplain at the Mansfield
' Correctional Institution,
| where death row is housed.

“They think it’s going to ir
have a domino effect on
them. I try to tell them it
| doesn’t change the legal sys-
j tem at all, him choosing. rit
They still eres their appeals. . = 1989., If he succeeds, he
| Nothing’s really changed.” ~ would be the first person in
~_ But things have changed. . Ohio executed i in 35 years.

Ee Mr. Berry, 35, dubbe ptr

Still, Ohio’ s ceorney pened.
has ‘appealed to the 6th U.S.

Cincinnati. +

The appeals court decision
will prompt a swift appeal
from the losing side to the
U.S. Supreme Court. ”

As Mr. Berry’s legal | fight

o A federal judge Friday
“The Volunteer’”’ by. state. granted a stay of execution
‘prosecutors, is seeking to end and ordered a new competen-
his appeals and die by lethal ” cy. hearing for Mr. Berry, a

injection Tuesday for’ the. ruling that lawyers say took
; murder of his boss, Cleveland . some of the pressure off the
baker Charles Mitroff, in a Courts’ to act’ quickly.”

_.Circuit Court of Appeals in.

began to make headlines last

The Cincinnati Enquirer/Michael E. ‘Keating

Jeff Wogenstahi lives on Ohio’s death row at Mansfield Correctional Institution.
i Wilford Berry’s willingness to die worries some of his felow. y Prisoners, ii

PINS.
year, inmates in the anette
tion began to channel their

anger toward Mr. Berry.

During a Sept. 5 rebellion
inside death row, Mr. Berry
suffered injuries so severe
that inmates left him for
dead, according to court re-

(Please see BERRY,
_ Page C9)


~ THE CINCINNATI ENQUIRER

State may take case eto ‘Supreme ‘Court!

BY BEN L. KAUFMAN .
and SANDY THEIS ‘,

diy ay
‘The Cincinnati Enquirer a i a

A federal: appeals court
Monday gave Ohio inmate Wil-
ford Berry’ at. least: another
‘three weeks to live?"

Judges extended his stay of
‘execution. and: set March 24
for. arguments over whether |

ms

WEXECUTION}

Mr. ‘Berry. ‘can“waive: his ap- ¢
peals and, volunteer ' to die by '

“Tethal injection.

Mr. Berry, 35, prefers to
‘be killed rather than spend life

in “prison without parole for
murdering his boss in 1989 in
- Cleveland.

His family says he is too

mentally ill to decide, and it.

wants to represent him during
federal challenges to his death

° sentence.

Monday’s decision came
from a trio of judges of the

‘U, 5. jj of hinnais for the
6th Circuit in Cincinnati. * °

‘The Ohio attorney gener-

al’s office will decide ‘ today -;
whether to bypass the 6th Cir-
- cuit and go directly to the U.S...

Supreme Court to lift the stay.

“The 6th Circuit obviously
wants to’ask some’ questions,
and the’ judges. felt they
needed more time to make a
decision? said Mark Weaver,
deputy attorney general.

“That puts us
' in the position
of having : to.

make a. deci-
sion, whether

or not to by-

pass the cir
cuit court :

‘appeals, o
move forward Wilford: Berry
and make an oral argument.’

: The appeals judges re-. ° a
ceived the. case Friday after .

'
‘
i
\
i
{
‘
|
£. 1 (
'

US; ‘District Judge Algenon
Marbley in® Columbus ‘stayed,

‘| the execution set for 9 p.m.’
F today at the Southern Ohio,

Correctional Facility’ at Lucas-
ville. meds ME NG

judge Marbley said ‘the

Ohio:Supreme Court gave im-

proper instructions to doctors

who determined. that:Mr. Ber-
iy was competent. ‘The judge

Please see BERRY,
wey Page B5)

 .

498 CIRCUIT COURTS OF OHIO. .

Edward Blair v. The State of Ohis.

Arthur Henry, and against the will of him, the said Arthur
Henry, the money and personal property of great value of

him, the said Arthur Henry, and thereby then and there the

said Arthur Henry to rob, and the money and_ personal
property aforesaid of him, the said Arthur Henry, to steal,
take and carry away; and that the said Lafayette Stoops,
Joseph Shoemaker and Edward Blair, otherwise called Joseph
H. Hill, then and there did attempt unlawfully, forcibly, and
by violence, and by putting the said Arthur Henry in fear, to
take from the person of the said Arthur Henry, and against
the will of the said Arthur Henry, the money and_ personal
property of great value of him, the said Arthur ilenry, with
the intent thereby, then and there, the said Arthur Henry to
rob, and the money and personal property aforesaid to take,
steal and carry away; and that the said Lafayette Stoops,
Joseph Shoemaker and Edward Blair, otherwise called Joseph
H. Hill, a certain pistol then and there loaded and charged
with gun-powder and one leaden bullet, which said pistol,
they, the said Lafayette Stoops, Joseph Shoemaker and Ed-
ward Blair, otherwise called Joseph H. Hill, then and there

had and held, then and there unlawfully, purposely, and >

whilst engaged in said attempt to perpetrate a robbery in and
upon the said Arthur Henry, as aforesaid, did discharge and
shot off, to, against, and upon the said Arthur Henry, with
the intent, then and there, the said Arthur Henry, unlaw-
fully and purposely, to kill and murder; and that the said
Lafayette Stoops, Joseph Shoemaker and Edward Blair, other-
wise called Joseph H. Hill, with the leaden bullet aforesaid,
so as aforesaid by them, the said Lafayette Stoops, Joseph
Shoemaker and Edward Blair, otherwise called Joseph H.
Will, by force of the gun-powder aforesaid, then and there
discharged and shot out of the pistol aforesaid, then and there
unlawtully, purposely, and whilst engaged in said attempt to
perpetrate a robbery in and upon the said Arthur Henry, as
aforesaid, did him, the said Arthur Henry, strike, penctrate

‘

CIRCUIT COURTS OF OHIO. 499

Edward Blair v. The State of Ohio.

and wound with the intent, him, the said Arthur Henry, un-
lawfully and purposely to kill and murder, thereby then and
there giving to him, the said Arthur Henry, in and upon the
left side of the body of him, the said Arthur Henry, one
mortal wound of the length of one inch and of the depth of
ten inches of which said mortal wound the said Arthur Henry
then and there instantly died.

“ And so, the jurors aforesaid, do say, that the said Lafay-
ette Stoops, Joseph Shoemaker and Edward Blair, otherwise
called Joseph H. Hill, him, the said Arthur Henry, in the
manner and by the means aforesaid, unlawfully, purposely,
and in attempting as aforesaid to perpetrate a robbery, did
kill and murder contrary to the form of the statute in such
case made and provided, and against the peace and dignity of
the State of Ohio.”

To this indictment Edward Blair interposed—

1. A motion to quash the indictment, which was over-
ruled by the court.

2, A pleain abatement, which plea was demurred to by
the state, and the demurrer sustained. |

83. A demurrer to the indictment, which was overruled by
the court.

Exceptions were severally noted to the rulings of the court.

The defendant Blair then entered his plea of not guilty.

At the October term, 1890, of said court, Blair was put upon
trial, convicted of murder in the first degree, and received the
sentence of the court.

It isnow sought to reverse the judgment and sentence of the
court below.

The errors assigned are numerous, and I will notice those
that are especially relied upon for a reversal.

Tt is unnecessary to make mention of the motion to quash,
as the questions sought to be raised by it are more properly
presented in the plea in abatement and demurrer to the indict-

ment.


.

500 CIRCUIT COURTS OF OHIO.

Edward Blair x. The State of Ohio.

3 ,
A mere statement of the causes set out in the plea in abate-

ment is sufficient to show that the demurrer to it was properl
sustained. They are: 2

That it does not appear from the record that the said in
dictment was found by the grand jury duly drawn and served
That the record does not show that the said grand jury wa
drawn in the presence of the sheriff or deputy sheriff.

That the record docs not show that the grand jury was reg am

ularly drawn from the box as provided by law. That the
record does not show that the said grand jury was drawn at
the time and place prescribed by the statutes.

There is no claim made that the grand jury which found
the indictment was regularly drawn; it is simply claimed that the

record does not show that. We do not understand that each ~

particular case requires the record of the drawing and impan-
elling of the grand jury to be made a part of it. There is no
claim made but what the grand jury finding the indictment was
composed of electors qualified to act. “i
In Huling v. State, 17 Ohio St. 583, the court hold ‘mere’
irregularities in selecting and drawing grand juries, which do —
not relate to or affect their qualifications as such, must be ta-.
ken advantage of, if at all, by challenge for cause, and cannot:
be so pleaded in abatement.”
In the opinion Judge Welch has this to say: “It is im-
portant to the defendant that he should not be subjected to a.
trial except upon an indictment found by a jury composed of
good and lawful men; but provided if they are such good and |

lawful men, it is matter of no interest to him in what manner.

they are selected and drawn.” =

In the case at bar it is not even claimed that the grand ju-
rors were irregularly drawn; neither is it claimed that they
were not “good and lawful men” qualified to act as such jurors
—mcerely the want of a record to show that they were not
properly drawn. We are at a loss, under the rulings of our

supreme court, to know upon what grounds this plea in abate-
ment could have been sustained.

CIRCUIT COURTS OF OHIO. 501

Edward Blair v. The State of Ohio.

The next claim made is that the court below erred in over-
ruling the demurrer to the indictment.

The grounds of the demurrer are that two different, separate
and distinct crimes are charged in one and the same count;
also that the indictment is bad for duplicity.

The indictment is found under section 6808, Rev. Stat.,
which is as follows:

‘© Whoever purposely, and either of deliberate and premedi-
tated malice, or by means of poison, or in perpetrating, or at-
tempting to perpetrate, any rape, arson, robbery, or burglary,
kills another, is guilty of murder in the first degree, and shall
suffer death.”

By reference to the indictment, it appears that it undertakes to |
charge Edward Blair, and others indicted with him, with mur-
der in the first degree, committed while they were attempt-
ing to perpetrate a robbery. The crime of robbery is de-
fined by section 6818, Revised Statutes, which reads as fol-
lows: i ,

“ Whoever by force or violence, or by putting in fear, steals
and takes from the person of another anything of value, is
guilty of robbery, and shall be imprisoned in the penitentiary

not more than fifteen years, nor less than one year ; and who-
ever otherwise than by force and violence, or by putting in
fear, shall steal and take from the person of another anything
of value, shall be deemed guilty of poket-picking, and shall
be imprisoned in the penitentiary not exceeding five years, nor
less than one year.” ey

And section 6821, Revised Statutes, provides, “ whoever as-
saults another with intent to kill, or to commit rape, or rob-
bery upon the person so assaulted, shall be imprisoned in
the penitentiary not more than fifteen years, nor less than one
year.”

And an assault is defined by section 6828, Revised Statutes,
which reads as follows:

“ Whoever unlawfully assaults or threatens another in a
menacing manner, OF unlawfully strikes or wounds another,


502 CIRCUIT COURTS OF OHIO.

Edward Blair v. The State of Ohio.

shall be fined not more than two hundred dollars, or impris
oned not more than six months, or both.” ae
In order to charge murder in the first degree, committed
while the accused is attempting to perpetrate a robbery, the
indictment must allege facts sufficient to show an attempt to.
commit the robbery mentioned and defined in section 6818,
for the language of section 6808 indicates that this “ attempt
to perpetrate a robbery ” takes the place of and dispenses with ©
“deliberate and premeditated malice.” It would not be suff_
cient simply to set out that the aceused was “ attempting to.
perpetrate a robbery.” .This would be a mere conclusion.
~The acts which the state claims amount to such attempt must.
be pleaded. Lamberton v. State, 11 Ohio, 282.
The indictment must state facts sufficient to show that
the killing occurred while the accused was engaged in the
“attempt to commit robbery.” It does this; it does nothing
more.
An assault with intent to commit a robbery was defined in
section 6821 is an attempt to perpetrate a robbery.” So that,
conceding for the sake of the argument that omitting the al=
leged independent charge of assault with intent to rob, the in-
dictment sufficiently charges an “attempt to perpetrate a rob 2
bery,” how is plaintiff in error injured by two averments of”
the same attempt, or two averments of some of the facts amount-
ing to such attempt to rob. :
Not all indictments charging two offenses in one and the
same coung are bad. Breese v. The State, 12 Ohio St. 146.
The crime of murder in the first degree, committed in an at-
tempt to perpetrate a robbery, necessarily includss within it an
assault, and an assault with intent to commit a robbery, «
whether such assault be formally or specially averred or not.
It also includes all degrees of homicide below the first, unless
perhaps the second degree is not included ; it also includes as-
sault and battery, and the crime of robbery would’ be i
cluded in it, and if all these are ineluded, the plaintiff in
error was not injured by setting any of them out by special

Cig

“gees ee

CIRCUIT COURTS OF OH10. 503

Edward Blair v. The State of Ohio.

averment. Such averments may he regarded as surplusage
only,

The court below did not err in overruling the demurrer to
the indictment.

The next assignment of error: is that the court below erred
in overuling the challenges for cause to the jurors D. H.
Cirove, Charles Beard and Stephen Crow.

The question is best made for the plaintiff in error in the
ease of Charles Beard, and it will be.only necessary to look to
the action of the court in overruling the challenge as to him,
because, if he was properly permitted to sit as a juror, there
can be no question but what the others were. ‘he juror
Charler Beard in his examination says that he lives in Greens-
burg township, and about nine miles from Hartsburg, the
place where the erime was committed. He says he has formed
an opinion as to the guilt or innocence of the party that was
on trial, and then he was asked:

Q. “Did you talk with any one who pretended to know
anything about the transaction?” A. No, sir.

(2. The newspaper reports you saw in the county papers ?
A. Yes, sir.

(. Did they pretend to give the testimony of any of the
witnesses? 1. I think not.

(. What opinion you formed is founded on hearsay? A,
Yes, sir.

(). Could you sit in this jury-box on your oath, as a juror,
in this ease, and notwithstanding what you have read, could
you render a fair and impartial verdiet upon the evidence, as
you will hear it in this trial, and not be influenced by any-
thing you have heard outside, as between the State of Ohio
und this defendant? A. I could. :

Then came the cross-cxamination by Mr. Long—

(. You live at Greensburg Township, do you? A, Yes,
sir.

(2. Not far from where Shoemaker lives? 4. No, sir.

VoL. v—44*


504 CIRCUIT COURTS OF OHIO.

Edward Blair x. The State of Ohio.

Q. And you read about this case in the papers? A, Yes,
sir.
‘This question was then asked. ; . .
Q. With that opinion, if you sat as a juror in this case,
and listened to the testimony, I will ask you if it would not |
take a little more testimony to make you finda verdict agents
than with your opinion? A. Yes, sir; = woult.
Q. A little more positive and greater? A. es, sir.
0. When you say you could render an impartial Mahe
you mean to say you could find him innocent or guiltv? <A,
: 0. a would incline a little more to the side you had be-
lieved in than to the other side, would you? A. I would
incline to the side the most evidence was on. =
Q. It would require a little more against your coset
than with your opinion, would it? A. Yes, sir. a
By the Court—Q. If you were sworn as a juror to et pe
the box and decide this case by the evidence as you hear i
from the witnesses, would you allow that opimion to infloeod
7 ? A. No, sir. om
bet pena Would vou be able to render an im-~
partial verdict? A. Yes, sir. :
(Thereupon the court overruled the challenge. oe
It does not appear that the court found, or was eae e
that Beard would be other than an impartial juror, and i i e
court accepts a juror, such acceptance 1s sufficient to s a
that the court was satisfied that he could render cease “7
verdict, so that the claim made by the defendant peor aa
the juror, or the acceptance of him, and ee a ie
as a juror, comes clearly within the rule of ats te on
by the Supreme Court. eHugh v. State, 42 Ohio 8t. e
Doll v. State, 45 Ohio St. 445. +
The next assignment of error is that the court erre ee
taining the challenge of the state to one of gaer On
Thornell was called as a juror, and upon a Be: aa
answered that he would not render a verdict of guilty upons

CIRCUIT COURTS OF OHIO. 305

Edward Blair +. The State of Ohio.

any but direct testimony. That he would not render such a
verdiét on circumstantial evidence, let it be ever so clear and
convincing. The effect of permitting such juror to act would
be to compel the state to make its case by direct and positive
evidence. No matter how satisfactory and convincing the
proof might be of circumstances warranting a conviction, the
state would be compelled to procure a conviction to prove its
case by direct evidence. The state should be placed in no
such dilemma. It had the right to have a fair jury as well as
the defendant, and should not be handicapped by permitting
a juror to sit whose verdict would not be rendered under the
rules of law. Here was a juror who said he would not render
a verdict for the state under circumstantial evidence—evi-
dence that may be just as convincing and conclusive as direct
proof—evidence upon which the state very frequently has to
rely to secure a conviction. Certainly no such juror should
be permitted to remain upon the jury. The court below very
properly sustained the challenge made by the state.

The next assignment of error to which our attention is
called, is to the action of the court in sustaining an objection
made by the state to the admission of certain evidence offered
on the part of Blair.

The record discloses that one William Day was ealled as a
witness on the part of the prisoner. It appears that Day was
confined in the jail, and in that portion of it occupied by the
alleged accomplices of Blair, Stoops and Shoemaker; and after
some preliminary questions were answered showing his, Day’s,
position in the jail, as also that of Stoops and Shoemaker, the
following inquiry and statement were made:

Q. Iwill ask you what, if anything, you remember occur-
ring on one evening after you had retired, in reference to
Stoops and Shoemaker ?

Objected to by the State.

Mr, Long.—We propose to prove, your Honor, that while

this witness was in the-cell and apparentlly asleep, that Stoops
and Shoemaker, who were together in the jail, waited until he