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TheJury Completed day Morning.Satur-Iat79111Little progress was made in choosing a jary in the Johnson cise Wednesday. The sheriff and his deputy had to do some hard driving to reach all the men of the special venire and jurors came straggling in long after court was called. The trial of Zuber gave great prominence to the charges to which Johnson must answer and for that reason it is hard to find men who have not formed some opinion.The following members of the special venire of 24 were excused: HenryFiendel. Thos. Elliott, Jr , S I Gruner, Henry Kammier. James Harper. Wm. TheilmaD. Wesley Campbell. Wm. F Goller, Joseph Calkins, Fred Peters. H F Bostleman, John Tittle, Wm. Snyder, James Carpenter. Some few passed and only five or six of the epecial venire remained when court adjourned.The attorneys for defense exercise their third right of peremptory challenge on the J W Leach, North Richland; the fourth was exercised on Aug. Kehnast, of Brunersbnrg, and the fifth on E P Karst, of this city.A great deal of time was lost dnring the day on account of the jurors summoned not being able to reach the city when they were needed. Unless greater progress is made today then was made Wednesday, it will take the greater portion, if not all the day. to get a jury.The following were in the jury box when court adjourned until 9 a m. Thursday:)1■lt3Wm. Hopkins, Milford twp.A C Comparet, Hicksville twp.M M Hootman, “ “Tno3. B Randle, Mark twp.John Harriman, Washington twp. E B Moats, Delaware twp.Jacob B Davis, city.E P Karst, city.Frank Limbangb, Delaware twp. I F Braucher, N. Richland twp. John Egar. N. Richland, twp. John Knapp, Adams twp.rft3S1tI1A special venire of 86 wss issued Wednesday night as follows: DavidMetz, Aug. Geiger, F I Sheets, of Adams: A J Carpenter, D C Keller-mier, John Clinker, J P Allshonse, of Tiffin: Orley Welker, Wm. Walker. Lemuel Donze, Frank Pollock. Wm. Lantz, E B Dcud, Frank Donley, of Washington: John Ramos, Charles Palmer, Otto Dnnbar. of North Richland; John Brown, Christ Speiser, Lyman Hilton, Jacob Dickman, Christ Bobrer.JF Dowe, S E Sanford, of Noble: John Drexler. Albert Elliott, L H Gackel. A Minsel, Henry Reabm, L J Whitney, cf North Richland: C H Conkle, Fred Dannenberg, W D Hull, Fred Schwacke, Hrntv Scbumaker, Christ Schultz, of Adams.ITHURSDAY MORNING.1f■1aInterest in the trial of Johnson is growing as judged from the increased number of persons present when conrt was called to order today. t^aite a number of ladies were among those in attendance. Today is the third day and as yet no one can tell bow soon twelve men will be fonnd who will act as jurymen in the case. Up to this time out of nearly CO jurors summoned, eleven are prospective jurors Five have teen excused by the defense cn challenge, the rest have disqualified themselves.The state has as yet two peremptory challenges to exercise, acd the defense eleven. If both sides exercise their right in regard to peremptory challenge, to the limit or nearly so, and the jurors do not qualify any faster than they have been doing, it appeals that today will be taken up trying to secure a jury.The prisoner, Edward Johnson, is nota persoD, judging from appearances, whowould be pVked out as a murderer. His demeanor in the court room has caused favorable comment.The first jnror called this morniDg was John McCoub, of Adams township: was excused for having formed an opinion. Dan 1. Ashbacher, of Noble township, excused for cause. John Liska, of North Richland, was passed. An examination of juror John Knapp by K V Haymaker brought out the fact of his being a member cf the board of education, of Adams township, and that the board has a suit in conrt in which Messrs Ansberry and Farjell are attorneys. After some argument pro and con the judge excused Mr. Knapp, George Seiler, of Noble, S B Figley, of Tiffin, Olnev Welker, of Washington, and Lemnel Donze, of Washington, were excused for having formed an opinion Frank Pollock, of Ney, waa excused for being prejudiced against capital punishment. Wm. Walker and Wm. Lantz, of Washington, E B Dond, of Ney, were excused for having an opinion. Christ Bohrer, of Noble, excused for being opposed to capital punishment. John Brown, John F Dowe. of Brnnersburg, Jacob Dickman and 8 E Sanford, of Noble towmhip, having formed an opinion were exensed, Albert Elliott, of North Richland, was passed. On re-examination of K V Hay-CASTOIlIil..Betr* the v*Y°u Ha,e Wwa/SSignet aremaker of juror A C Camparet.of Hicks-ville. was interrogated as to a conversation he should have had with a gentleman about the Zuber trial. The jnrordenied the talk. The defense then exercised their sixth right of peremptory challenged and excused Mr. Campsret. Recessed nntil 1 p. m.AFTERNOON SESSION.Conrt was called at 1 p m and the examination of jnrors was resumed.A J Carpenter and A C Kellermier were excused for expression an opinion. Chas. Palmer, of Jewell, was opposed to capital punishment and excused. John Drexler and L H Gackel were excused for cause. A Minsel, cf North Richland, was passed. The seventh peremptory challenge on the part of the defense, was exercised on J P Davis, of this city. J P Alshonse, of Tiffin, passed. The eighth peremptory challenge was passed on J B Randall, of Mark township. L J Whitney, of North Richland. passed. A Minsell was excused on the ninth peremptory challenge. F Schwack. of Adams, passed. Upon his makiDg known to the judge tbat his wife and two months’ old baba were left at home sick abed with no one but a four year old child with them, the judge excused him.Henry Scbumaker, of Adams, and Henry Reabm. cf North Richland, excused. Frank Donley, of Washington, was passed. Alfred Elliott excused on tenth challenge of the defense. Aug. Geiger, of Adams* passed. On examination of Frank Donley by K V Haymaker. he was asked whether or not Enos Rath was a cousin to bis wife. He answered in the affirmative. The judge dismissed him. W D Hull, of Adams, j was excused on account cf bting a member of board of education of Adams township, of which bedy T T Ansberry was attorney. John Ramus, of North Richland, passed. At tins junction the defense announced that it was content with the jury as to cause. Mr. Cameron re-examined I F Brancher as to the state of his hearing. It wss bad and the judge excused him. Lyman Hilton, of Noble, excused for having formed and expressed an opinion. There were left five of the special venire sent out Wednesday night.The gentlemen in the jury box when court adjourned until Friday morning were as follows:go home and report next Monday,in.The only change in the jury from Thursday is the excusing of Frank Lim-bsugh and the addition of E A Bayliss.Saturday— sixth day tbat the case of the state vs Ed Johnson has been nnder consideration. There have been 159 jurors summoned so far by special venire and the expense attending is enormous. It is said that never before in the history of the county was so much time taken in choosing a jury or so many jnrors called.The following special venire of thirty-six tames wss issued Friday night: A W Beatte, Lonis Smith, BeDj. Blcsser, Renben Chase, L W Wilder. L E Con-key, W 8 Tomlinson, C C Caller, F M Tharp, H A Vance, C E Stone, E M Ensign, Wesley Sewell. Sam Fleighton. S T Hughe?, Clement Gardner, Jesse Fisher, F L Hasted, Alex McConkey, Geo. J Goller,GF Martin,V^S Haller, John Norway, E E Hootman, O A Rice, Aud Hilbert, H F Rice, J M Hoshack, T J Richardson, W Huffman, Allen Sellars, W H Lane, C E Rcdz, H .T Mazor.of Farmer: E W Bayliss, of Delaware.The matter of securing a jury does not appear to have been of much interest to the public. Upon opening cf court this morning, the sixth day. and still no nearer to a jury than two days ago, there were out side of those who are directly interested in the case, practically,no one in attendance. The general opinion Biuong tlie laweis was that the chances were good for completing the jury today. These from this city, who were on the jury, have been excased. There yet remains one who is not from the country: this is Mr. Hootman who resides in the village of Hicksville. At half paet nine David j Metz, of Adams was passed, this com pleting the jury tbat will hear and weigh the evidence in the case of the state vs Edward Johnson who is charged with tte murder of Enos Rath on the night of Nov. 24tb, 1899, Mr. Metz was the 110th jnror called.J P Allshonse. Tiffin.LJ Whitney,John Ramus, North RichlandWm. Hopkins, Milford.M M Hootman, Hicksville.E B Moats, Delaware.F I Sheets, Adams.Frank Limbangb. Delaware. John Liska, Adams.John Egar, North Richland. John Harriman, Washington.The following special venire was issned Thursday evening: E A Bayliss, Orlando Coffin, James Fahy, Henry Kuhn, Taylor Lentz, J C Miller, Chas. Porath, Joseph Singer, II L Traxler, M M Haver, J H Miller,Chas. Openlander, J V Shook, Bernard Balle. of Delaware; Chris Persin, Joseph Green, A G Cronks, Henry Baleer, Urias Cfcnrcbman, J A Drehrer. Chas. H Goller, Peter Pahl. Thee. Schwartzbeck, Albert Straus-aker, of Washington.The jary is as follows:Wm. Hopkins, Milford.M M Hootman, Hicksvill. John Harman, Washington.E B Moats. Delaware.F J Sheets. Adams.John Ramus,John Egler, North Richland. John Lisk?, Adams.J P Allshonse, Tiffin.L 0 Whitney, “E A Bayliss, Delaware. DavSd Metz, Adams.This is considered a fair jury and is made up exclusively of farmers.FRIDAY MORNING.ofThe prospects are brighter today for the choosing of the twelve men who will sit in the trial of the State cf Ohio vs Edward Johnson.There yet remains eight peremptory challenges, six of these for the defense and two for the prosecution. If the jurors summoned report, and allchallenges are exhausted. the chancesare that the wcik of completing the jury will be finished today.Judge Dcnnelly. cf Napoleon, who is sitting in this case, is an exceedingly pleasant gentlemaD, in fact what might be called a gocd all around fellow and a capable dignified judge. In deciding questions he is slow and deliberate andis trjing in every way to perform his dutya ccording to law. He is strict in maintaining order in the court room and is well liked by all who came in contact with him.M M Haver and Chas. Openlander were exensed for having an opinion. E A Baylie, of Delaware was pasted. On peremptory challenge Frank Limbangh was excused upon the part of the atate. H L Traxbr, of Delaware, was excused for expressing an opinion. A G Cronk, of Washington, was opposed to capital punishment on circumstantial evidence aud was excused. Bernard Bail. J A Drehrer, Peter Pahl, Albert Strnsaker, of Washington, were excused for having expressed an opinion.E H Conkle, of Adams, excused for being a member of the township board of education, Mr. Ansberry being their attorney. Mr. liaylls-* had been passed as a jnror upon examination it waa fonnd that while he had been fervid the venire call*d for another Mr. Baybas There being no challenge the judge allowed him to ait. Henry Kuhn, Orlando Coffin, TayJor Lentz, of Delaware; and Christ Schultz, of Adams, were excused, because they had formed an opinion. Fred Danenberg, of Adams, was excused on account of defective hearing.AFTERNOON SESSION.Jas. Fahy, of The Bend, was excused for cause. Jof. Singer, of Delaware, is hard of hearing: excused. All witnesses who have ao far reported weraJP Cameron, for the state, stated their case to the jury- He said in sub stance that on the night of Nov. 24tfc, 1899, at about 12:80 a in, three men attacked Enc* Rath, inflicting three wounds, any of which would have proved fatal: that Rath died about 2 a m. After this attack these three men fled. We expect to show that Edward Johnson was one cf these three men, who participated in the homicide. We will show that he in company with two others left Antwerp at about 11 o'clock, goiDg in the direction of Hicksville. Then we will show that at about 12 o’clock, a buggy answering the description, came into Hickfville. where thehoree and buggy were tied. At 12:45 it will be shown that a baggy was seen returning to Antwerp. These men were arrested on the evening of Nov.26. and we feel certain that with evidence we shall introduce that we canprove to each one of yon that this man on trial is one of these who committed this mnrder.The Kind You Have Always Bo lu use for over 30 years, haand has sonalsu All o w n iAll Counterfeits, Imitations ar Bxp'eriment.s that trifle witli a Infants and Children—ExperUWhat is OfOastoria is a harmless substi goric, Irops and Soothing' Sj contains neither Opium, Morsubstance. Its age is its guar aud allays Feverishness. It c Colie. It relieves Teething Tr and Flatulency. It assimilatlt;Stomach aud Bowels, giving The Children’s Panacea—TheGENUINE CASTBears the SiThe Kind You HavIn Use For OveTHE CENTAUR COM RAN V, 7T M'lPI*can swear that the rig ft-sn in the neighborhood cf Laves s barn in Hicksville contained these three boys in dieted. Nosv the state claims that | whtre this boree was t'ed, the imprints of the horse's hoof? would show it wasthe eame hn-se tbat »bey got at the liv-,ery at Antwerp. We will have a hew | witness, a doctor, who will swear that ‘ he was there every day to see Lavej s■j elck daughter and he tied his horse at this same spot. We will prove to yon tbat one of the men who made those tracks in the wheat and corn fields, helped to carry Enos Rath s dead body home. The State can not or will not show that there was any motive. For the defense we claim we are not gnilty. We were not at Hicksville that night, onr witnesses will help to show yon that we were not. Onr defense is an alibi.I say that if yon find these boys gnilty, make it all the law calls for as to the penalty, and that is death. Becauee if they are guilty of this foul crime, they deseive it. If they are not guilty, you must cf course render a verdict of not gnilty. I ask you to remember that, a thousand suspicions do not make one fact.Mr. Cameron again addressing the jury, said tbat they would introduce new evidence and this with the old testimony he felt that they wonld have no trouble in finding this man guilty.Conrt then adjourned until 1 p Mondav.fPPPrpEPPPPIwtilt;suniO!HC121sc12• ITTry Grain-0. Try Grain*Q. iAskyotir grocer today to show you a package of GRAIN O, the new food drink that take- theMr. B F Etos, on the part of the defense, said that these toys aTe poor Mr. Johnson’s father is an old soldier living on a small penaion. Frank Znber s parents are dead. Floyd Rnmbangh comes from a plt;-or family, and not onecent have any of them to give to helptheir boys ont of this Ironble. In this trial the evidence will be to a great ex tmt the same as at the tiial o Zuber. We have some additional testimony which for want of time we did not get in the other trial. We will show that Bath was killed at nearly 12 45 a m. We claim there were fonr men who took part in the killing. Rath himielf said there were fonr, Now we will show tbat these boys were seen at later hour than the state claims, in Antwerp.Among our new witnesses will be three men who passed these boys north ofAntwerp. None of the State’s witnesfeeplace of coffee The children may drink It aswell a' the adult. Those who try St. like it. GRAIN O has that rich seal brown of Mocha or Java, hut Is made from pure pralns, and the most delicate stomach receives it without dis^re-.-. ' i the price of coffee; 15c. and 25c errNiNlt;I tckaurid by all grocers.INNCheapF.LANDSfLocHhtl on tin* Illinois Central II K InSOUTHERNILLINOISand also situated on the Ya-1 zoo Mississippi ValleyR. R. in the famousYAZOOVALLEYOr Mississippi—sjwiaUy adapted to theR»i**ing of CORN and HOGS.The Cure that CuresCoughsColdsSoil Richest in the WorldWrite for pamplets and uispa,E. P. SKENE,Land Commissioner.Illinois Central R. R. Co . Faik Row.GrippeWhooping Cough, Asthma,Bronchitis and Incipient Consumption, IsChicago. III.IATTORNEY AT LAW*am prepared to Attend to ail proceedings n‘ labankruptcy under law passed fast congreas.B. B. Kinghbuby.tfdw Over Fostofflce.IThe (fERMAN hem edYCut« -avd Vutvn£t\4 a\\ 255UEVERYooi«tii£*A nee u a reliable, monththe purettl drug* shouldDr. Peal’s F■e prompt, »*fe and certain any where, f 1.00, AFor Sale at MU
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Defiance Weekly Express
Defiance, Ohio, US
Thu, Mar 29, 1900
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USA 22 Jan 2019
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