The Summit County Beacon from Akron, Ohio on April 16, 1896 · Page 1
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The Summit County Beacon from Akron, Ohio · Page 1

Akron, Ohio
Issue Date:
Thursday, April 16, 1896
Page 1
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Has The Summit County Beacon. FIFTY -EIGHTH YEAR. AKHOX, OHIO, THUMSDAY, APRIL 16, 1896. WHOLE NUMBElt 3091. HE SEEMS CONTENT XOMITXS COT ELL BELIEVES WILL BE ACQUITTED. HE details of the Preliminary Hearing Tuesday The Prisoner Was Very Xenons-He Keceives Three letters Keatls Them to the Ileporters. Shortly after 2 o'clock Tuesday afternoon Constable John Flower took Romulus Cotell, alias John Smith, the Alt' ' mnri lerer. from his cell in the county jail and with the prisoner handcuffed to his wrist, walked with him acroas the street into the court house and up the stairs to court room Ko. 2. There were not many people about for it was generally expected that the hearing would be held in the women's department of the jail where Cotell had been arraigned. As soon as it became known that Cotell had been taken into the court house, the curious crowd flockett up the stairs and the little room in which the hearing was held was quickly Cotell was Very Nervous. He wore a coarse dark suit which had seen better days, a brown felt hat and smoked a cigar. The latter he extinguished as he entered the court room. He took a seat at the table between hii counsel. K. F. Voris and Harvey Musser, and the counsel of the state, Prosecuting Attorney R. M. Wanamaker and R. W. Sadler, who will assist him. Cotell's uncombed hair, unshaved face and whole appearance were in Keeping with his nrst realization of the enormity of the charge against him. He paid very close attention to the proceedings of the hearing and looked f,. th lawvers to the witness as questions were asked and answered Sometimes he glanced at peopie among the audience present as if in search of a friendly eye. He seemed to feel that he was among strangers and that he was very low spirited was evident. ... mfe Inside the railing which divides the court room were a number of attor- and others. At the judge's bench sat Miss Amelia t. re :her and Hattie Bood, stenographers for the defense, and Miss Ida M. Roberts, stenographer for the state. Tle Case Opened. Prosecutor Wanamaker commenced the preliminary hearing, opening the case brietly. Hi said ebat the state Would show that on or about March 28, Romulus Cotell. then living at the residence of Mr Porter, went to the residence of Alvin N. Stone, between the hours of 11 and 12 o'clock, with a baseball bat. and with a mask to con-eeal his faee. That he eutered through the west door and went to the bedroom of Alvin N. Stone and wife and while there used the ball club in striking Mr. Stone, producing a mortal wound, from which wound Mr. Stone Dr. A. K. Fouser was the first and only witness to testify. Upon the direct examination of Prosecutor W ana-maker he said: "I live rn Akron and did not know Alvin .V btone. adouc j 7:30 o'clock on the morning of March 29 Iwaamtified that some one had I been killed and went to the Stone re3i- dence. BBfs.. The defense here stated that it conceded the fact that Mr. Stone was killed by some one and that it would not be necessary for the prosecution to prove this ' Coroner Fouser's testimony continued: 'I found Mr. Stone lying on his left s?de on the front side of the bed. His arms and legs were rigid. The body was covered with ordinary bed clothing except hands, face and a portion of upper part of body. The body was clothed in shirt and undershirt. Head was thrown back and face was covered with blood I found a cut under right arm three inches long. It was a gaping wound but no blood bad come from it. There was a cut also over the right eye and left side of the face a wound near right temple. The wound on the right side of the head was a mortal wound. Such a wound might have been made by a heavy round instrument anywhere from one to three inches in diameter. There was a slight cut on the skin where the skull was fractured. -I have known Romulus Cotell since the day of the murder. I first saw him in the afternoon oi that day at the 8tone residence. I saw him two times since, once on April 6, and last Thursday morning in iail when he admittel the killing of Mr. and Mrs. Stone and Mr. Stillson. sides he did not want to take Mr. Porter's ax as it Would Bp Missed. Finally the devil said to take anything. Cotell had said he went to bed e;rly Saturday night but could not sleep. He lay awake a long time and then got up and dressed and having made a mask he described how he used it. He went down stairs and into the wood-shed where he procured the base ball bat. He went directly to the Stone residence and getting the ladder placed it against the house and climbed up and looked in at the window of the room occupied by Flora and Hat-tie Stone. He saw them both lying there asleep. He descended the , ladder and entered the house, going into the room occupied by Mr. and i Mrs. Stone. He struck them both with the ball bat but which he struck first he did not know. He then went I upstairs to the front room, commonly ' called Mr. Stillson's room, and as he had often slept there himself he well knew where to findUthe bed and was I able to tell wherev Stillson lay. He ! struck him on the back of the head. : He then found a knife in Stillson s pants pocket and taking it went down stairs and cut Mr. and Mrs. &tone with it. The witness corrected this statement by saying he did not remember whether Cotell had said he went down stairs at that time or not until after he had entered Emma Stone's room. At any rate he had. said he entered Emma Stone's room and found her on the floor that is. she was awake and out of bed. He struck her on the head and then started to go into the room of Hattie and Flora but met Hattie at the door and struck at her. She locked the door, which he subsequently broke in with the bicycle handle. He asked Flora Stone, "Where is the other? If vou don't tell me I'll kill you." She said Hattie had gone for help and Cotell went down stairs and out of the house. He stopped at the little stream of water not far away and washed his hands and the ball bat. Then he returned home and went to bed. Vfc "Is that all you remember?1' asked Mr. Musser. "There are some details that I may have omitted," was the answer. "That is all," said Mr. Musser, presently, and the state rested the case without calling another witness. The defense had nothing more to say and Justice Hall said: Kemanded to Jail. to- "The court commits the prisoner await the action of the grand jury." The crowd breathed a sigh of relief, and Romulus Cotell. visibly relieved, stood up and put on his hat. He held out his left hand as Constable Flower came up with the handcuffs, but saw his mistake and held out his right hand instead. He was soon attached to the constable and as he walked away he asked Janitor Tibbs for a light lor a stump oi a c:gar n9 nau put in his mouth. He was so nervous that it was several seconds before he could light the cigar, but it was soon burning and then he walked quietly away with the officer, apparently glad that the hearing was over and glad to go back to the seclusion of the jail. The Grand Jury. The grand jury will meet on Monday, April 27. The following are the names drawn: Freeman Whittlesey, Wm. Baum. L. K. Stone, S. L. Marvel, W. J. Baugh and Fred Eberle, Akron ; A. W. Hall and J. A. Stetler, Springfield ; Herman Swigart and Geo. Starr, Copley ; John Paul, Norton ; S. B. Foust ! and Ira Pipher, Coventry ; L. Newell, I Richfield ; Jos. McCormick, Norton. Cotell's case will probably come on ; soon after the next term of court opens, or early in May. There will be diffi culty in securing a jury but it is not 'thought a change of venue will be necessary. The Prisoner's Mail. Romulus Cotell is spending these p'easant spring days in the big steel cage of the county jail, reading, sleeping and amusing himself as best he can. His only callers are his lawyer I and newspaper men. He is good-na-! tured and willing to talk on any sub-i ject except murder or confession. I Yesterday John received three letters, one from his father, one from his i aunt and one from his girl, who wrote him out of sheer pity. John is greatly delighted over the receipt of the let-; ters, especially so regarding the latter ; one. The young lady has made a re-; quest in the letter that her name I should not be used in the newspapers i and John is keeping the secret ! well. He says he is going to write to her and find out who she is and how she happened to write to him. He treasures the letter carefully ! and at first refused to make the con- j tents known, but he was finally per-i suaded to give it for publication upon i the promise that the young lady's name would not be printed. His Treasured Letter. It is as follows : Rock Creek, 0., April 10, '96. Dear Friend Please do not think mboldorrUde for writing to you, who in one light is a stranger to me and in another a neighbor, for Christ told us in his parable of the good Samaritan that our neighbor was he who was in trouble or netsd. I have just returned from school and was playing on my organ when all of a sudden some small voice seemed to say to me "write him a letter." These words were repeated until I said "I will." I had not heard of you until this late tragedy took place, and when I read your i name in connection with it I said I I hoped they would prove you innocent. ! Last evening I was reading the paper, i and when I came to where you had i confessed I was glad to learn that you i were not so far gone in manhood but what you could acknowledge the truth i and save an innocent man from suiTer-! ing for what he did not do. I am truly sorry for you, seeing your mother died ; when you were young and that your advantages had never been very ex- ue a man HMtei er your seu- that he expects to return home to his father. He said this morning that he had not confessed to committing the murders, that at least he knew nothing of having confessed. When the reporter wanted to go further into the details he told him to wait until the trial and then he would learn everything connected with the case. Judging from the conversation, there is reason to believe that the prisoner's attorneys will at the trial at tempt to prove that Cotell did not make a voluntary confession, but that he made the statements he did make I when he was subjected to such severe ; examinations, and such a strain was 1 brought to bear upon him that he told ; what he did to be relieved from the horror of tiie sweat box. Several days before his arrest John wrote a letter to his father and yesterday received the following answer: His Father's Letter. Torix, N. Y., April 6, 1896. Pear Boy I received your letter of the fourth to-day and hasten to reply. I am very sorry for your trouble and 9hall be uneasy until I hear from you. Let me know all the particulars as quick as you can. I shall be anxious to hear from you. Jay and grand-mnthpr ftrfl w ell. Mv health has not been very good this winter. I have had a man all winter. Mrs. Mumford's health has been very poor. I received a letter from Jay to-day and will write to him soon. I will not say anything about your trouble to anyone. I was glad to hear from you and now I pray God to help you and show your innocence. That you will soon be home safe and sound and may God bless you is my prayer. I will send you $5. Money is very scarce with me. We have had to buy a good deal of feed. Yours with respect, A. J. Cotell. The following recommendation was also enclosed in the letter as well as a request to Edward Porter to pay John the money due him : TCBlX, April 6, 1896, John Smith has always been truthful and honest and trustworthy from a child up. I have known him from a boy. A. J. Cotell, . - - From His Aunt. The following is a copy of the letter received from his aunt: Constableville. N. Y., April 8 Dear Friend I am truly sorry that ausnicions of so grave a character should be entertained for vou. Of course I feel confident that you are in nocent. Put your whole trust in the T r.,.rl Ho ia nhln to "sustain VOU and bring all hidden mysteries to light and fix the crime where it ougnt to ve. Let me hear from you soon if you would like me to write again. Yours, etc., Sarah Ann Mimford. The following note was enclosed in the letter: To whom it may concern : I am now and always have been acquainted with John Smith a motherless boy who was Drought up Dy nis granumumer until the age of 12 years when his father took charge of him. He has worked for us, been a member of our family and won our love by his honorable deportment. We found him always trustworthy, honest and industrious, he enjoyed the confidence of all the merchants and people in business where he was brought up who often employed him on extra occasions to fill responsible positions. Sarah Ann Mumford, W. W. Mumford. THE BAR'S ACTION. SUMMIT COUNTY LAWYERS CONDEMN JUDGE VORIS For His Interference with the Free Choice of the Prisoner Romulus Cotell in the Selection of Counsel to Try His Case The Court's lleason. His Father's Letter. Marshal Mason has received the following letter from the father of Romulus Cotell : Mr. W. Mason, Marshal, Akron, 0.: Dear Sir: I have read in the papers about the terrible tragedy at Tallmadge and connecting with it a boy by the name of Romie Cotell. Now I have a son 17 years of age by that name but i can not believe that he is the party, or is or could be guilty. Will you please write me full particulars, giving full name and description of the boy arrested and also full particulars as to the evidence and what has been or is being done with him. 1 am 69 years old and am writing at Turin, Lewis county, N. Y., I am a farmer and poor. I am very anxious. Please answer me at once and I will be very grateful to you. Yourrespectfully. Ai.onzo J. Cotell. Marshal Mason sent the desired information. Fullv 50 members of the Summit county bar attended the meeting at the court house last Tuesday. The meeting was held in the law library and R. W. Sadler acted as chairman and C. A. Grant as secretary. The object, as stated in the petition which asked for the meeting, was to take action in regard to the proceedings of Judge A. C. Voris in appointing E. F. Voris and Harvey Musser as counsel for Romulus Cotell, alias John Smith, charged with the murder of Alvin N. Stone and wife and Ira F. Stillson. When the meeting had been called to order and Chairman Sadler had stated that Attorney T. L. Childs, who was more directly interested in the case than any other person present, was called upon to state his side of the case to the meeting. He said that Saturday morning he was told that Smith wanted to see him. He went to the court house and asked at the Sheriff's office to get permission to enter the jail in order to see Cotell. Deputy Hollinger, who was in the office at the time, said that he would prefer Mr. Childs should wait until the sheriff arrived, as he might object. The sheriff did not come for some time, so Mr. Childs started back to his office on Howard street. He met the sheriff in the court house yard and went with him to the jail. He had just entered the cell when the sheriff was called to the telephone. He came back and told Mr. Childs that Judge Voris had just telephoned and asked him to keep Mr. Childs away from Cotell, as he would come to the jail directly to have talk with the nrisoner. Sheriff Griffin then asked Mr. Uliuas to step out of the cell and allow Judge Voris To Talk to Cotell First, Mr. Childs went down stairs into the parlor and he saw Judge Voris drive by the jail. In about five minutes he returned accompanied by Harvey Musser and the two entered the jail and went to the prisoner's cell. After a few moments, Judge Voris left the jaii and went to the court house. Mr. Childs waited fully 15 minutes and as Mr. Musser was still with the prisoner he remarked to Sheriff Griffin that he believed he was not wanted and he returned to his office. Air. Childs said he was informed by Mr. Musser that when he and Judge Voris went to Cotell's cell the judge said: "I am the judge of this court and have the appointing power for attorneys for you. You had better take my son and Mr. Musser." The Doy said all right and the judge withdrew and Mr. Musser remained. Saturday morning Mr. Childs appeared before Judge Voris in open court and told him that he had been requested to call on Cotell and wanted an order to the shiriff to have permission to go to the jail. The judge replied that he had no time to talk to him. About an hour later, during a lull in the proceedings in the court room Mr. Childs asked whether the juuge wouiu give him an order and he replied i Will Not." which merits and therefore receives our unqualified reprobation. ., ,' "Signed "C. R. Grant, "Ghorge G. Allen, "Orlando Wilcox, "Committee." It was ordered that the resolutions bo published in the local press, the Weekly Law Bulletin and Ohio Legal News, whereupon the meeting adjourned. Letters from Judge A. C. Voris and Attorney Harvey Musser. To the Editor: Your report in Saturday's issue, re specting the action of the court in the matter of the assignment of counsel for Cotell, alias Smith, certainly is not well founded as to the attitude of Cotell, or of the court. It is true that I refused to make an order admitting Mr. Childs to see Cotell in the jail, for reasons that will appear further on. I have no desire to take any action in respect to this melancholy case, except to subserve the best interests of the public, arid to judiciously and fairly exercise the junctions oi tne court. The statute requires the court to as- sign cpunsei ior persons auum uc put on ItriaJ lor teiomes, to ue pam uy the public, and in case of conviction of murder in the first degree, the accused being unable to pay, by the county in which the crime is committed, .the public feeling has been so intense, that 1 knew that the people were in no fommw te look noon anv trifling de fense with complacency. The means of which, is in any wise provided by publie authority, and at the public expense ; ihat only a wise, conservative and intelligent defense would sat sfy the just sense of our people. Knowing this, I felt it my duty to ascertain whether the accused had means to employ counsel, or had friends who would employ counsel for him. If he had, no matter what his degree of capacity, of mental balance or unbalance, that he should indulge without any restraint, his right to select counsel for his defense, if otherwise, that the public should not be deprived, by antecedent action of Cotell or others, that would embarrass the court in the exercise of its juris- BUCKEYE 5TATE NEWS THE COUNTY ASSESSSOIIS. They Roe ive Their Instructions the Valuations. and Cross Examination. The witness was cross exammea Dy Harvey Musser and the following facts developed: "Drs. Underwood, Morris, Sperry and others were present at the examination. The skull of Mr. Stone was of the average thickness and it required considerable of a blow to fracture it. I can tell very nearly what kind of an instrument was used. It was round and heavy. There was no sharp point on the instrument. The wound on the left ear was a penetrating ound. but do not know what kind of an instrument was used to cause it. It might have been produced by something sharp. I don't think that it was the same instrument that caused the fracture. The blood that covered the faee came from the wounds made by the blunt instrument. The. other wounds on the body had no t bled which indicated that they were made after death. I can not fix any time as hnur lone alter -Mr. stone was tensive. killed the wounds were intlicted j tence may be, and be prepared to ;n the bodv. They would not ; meet vour Lord and Creator when bleed if inflicted as soon as w or 10 minuted after death had resulted. Mr. j Stone was lying on the left side half I wav between side and back in the ' Assessors for the wards and townships met at the county auditor's office Tuesday and received the necessary books, supplies and instructions for the spring assessment. The follow ing valuations were fixed upon the different kinds of property: Good horses, 50 ; 3 years old, ,$60 ; 2 years old, $40; 1 year old, $20 mules and asses, $-0; good cows, $30; 3 years old, $25, 2 years old, $20; 1 year old, $10 ; hogs, first class, live weight, per 100 pounds. $4 ; hogs, second class, live weight, per 100 pounds, $3 ; sheep, first class, per head, $3 ; sheep, second class, per head, $2; work oxen, per pair, $80; corn, per bushel, ears, 15 cents ; ice, per ton, 50 cents ; oats, per bushel, 20 cents ; barley, per bushel, 40 cents ; hay, per ton, $10; wheat, per bushel, 00 cents; rye, per bushel, 10 cents ; clover seed, per bushel, $4; timothy seed, per bushel, $1. 50 ; wool, per pound, 15 cents; wood, per cord, $1; railroad ties, per piece,20 cents, lumber per 1,000 feet $10 ; logs, per 1.000 feet, $6 ; bees, per hive, $2; stone, per perch, 30 cents ; potatoes, per bushel, 5 cents ; fat cattle, per 100 pounds, $3 ; shingles, per 1,000, $2; brick, per 1,000, $5 ; potter's clay, per ton, 50 cents; ground sand, 30 cents. front part of the bed. which was near the door. He wa3 in the same bed as Mrs. Stone It was necessary to inflict the wounds on Mrs. Stone to reach over Mr. Stone or go to the other side of the bed. There was a space of probably six feet between the side ot the bed on which Mrs. Stone lay and the wall. At this point Dr. Fouser exhibited a drawing of the bedroom of Mr. and Mrs. Stone which be had made on that Sunday following the murder. It was minutely examined by the counsel for the defense. In answer to further questions witness said he had first seen Romulus Cotell on Sunday afternoon following the tragedy when he appeared before him as a witness at the inquest. He next saw him at the county jaii the morning following his arrest, and had commenced to ask him some questions concerning the murder when he was interrupted by the entrance of Prosecutor Wanamaker, two detectives. Sheriff Griffin and a stenographer. He remained and Heard the Confession made by Cotell at that time. He was row asked to relate that confession as nearly as he remembered it. He did so substantially as follows: . Cotell had said that while at work in the woods on the Thursday or Friday preceding the murder, he thought of his grievance against Mr. Stone and of his not having been paid for his work. The devil told him to kill Stone. First the devil prompted him to buy a revolver but as he had no money he could not do this. The devil then said to take an ax. He thought this would be rather heavy and hard to hide. Be- vour time comes to cross over that river called Death. Though you have the stains of these crimes or our triple one on your hands, yet as He pardoned the thief at his right hand when on Calvary's cross so can he forgive you your sins, for the Lord said "Knock and it shall open unto you. Seek and you shall find. For if any man opens his heart I shall come and dwell within him." I pray Cod that you may open your heart to this One and let Him be in you henceforth and forever more. Ask the Lord to forgive you. He is willing and He will carry you through. I will remember your case to my Father who is in heaven, and, if you are only willing, which I trust you are, He will save you to the uttermost. For I know by experience that He can save sinners for he saved me. His presence takes away all fear of death and gives such peace of soul. You may think it still more strange my writing this kind of a letter but I have brothers of my own who I love dearly and seeing you have no sisters as to my knowledge I have written this letter, for if my Drotners were m simi Man and Focketbook Gone. About a month ago a young man went to the home of S. McConnell in Northuekl and offered to work for his board for a home. He gave his name as Hart and said he came from New York state. MeConnell hired him for the summer, after lie had been there for a while, but on Monday morning he was missing, as was also McConnell's pocketbook containing about $10. Comparatively Few Women Voted. The official count recently completed shows that there were just 307 women who exercised their right of franchise and voted for members of the board of education on Monday, April 6. The vote by wards is as follows: First ward, 33; second ward, 94; third ward, 59; fourth ward, 49; fifth ward, 51 ; sixth ward, 21. Last year more than 900 women voted. State Convention Delegates. Matthew Lang, Akron ; Rev. A. J. Upp. Barberton ; Henry Mackey. Bath ; G. B. Harrison, Cuyahoga Falls; Miss Jennie Harter, Coventry ; E. Keller, Franklin: D. J. Mottinger, Greene, and Geo. Harter, Norton, are the dele lar circumstances-, I would want some , gates selected to the rromoition state you will trust in God's cleansing pow t am. Your Friend. P. S. Please do not put this in the paper a3 I do not wish it. Hoping to meet you in heaven I sign my name once again. "1. ii. 1' When John had finished reading the letter to the reporter he was asked whether he had asked God to forgive him, and the cuiprit replied, "No, there is nothing for him to forgive me for." A lengthy conversation followed it and there is not the least doubt but what Cotell is of the belief that He Will Be Acquitted, whan his case comes up for trial and George Rice, purchasing agent of lumber for the Huber Manufacturing company, Marion, is charged with being short in his accounts from $2,500 to $25,000. The head officers of the company state as an illustration that when a load of lumber would be brought to Rice for sale he would report that it contained but 2,000 feet. A slip would be made out to the seller, who would get it cashed and would then divide the extra money with Rice. Ed Arrington, the well known Big Sandy steamboat clerk, was shot in the forehead at a frolic in Gallipolis and may not recover. Mr. Childs was questioned at some length by the attorneys present and then Sheriff Griffin was called upon to make a statement. He said that Saturday morning Cotell said he wanted a lawyer. He knew none and when all the names were mentioned to him he said that he would like to see Mr. Childs. The sheriff went to the office of the attorney Saturday afternoon but he was absent.. As he was returning to the court house he met Mr. Childs and they went to the jail together. Just as Mr. Childs had entered the cell Mrs. Griffin calied to the sheriff from the front of the stairs and said that he was wanted at the telephone right away. When he answered the telephone he found it to be Deputy Hollinger talking, who said that Judge Voris had said for him to "hold on a minute" as he was coming to the jail immediately to see Cotell. The sheriff then told Mr. Childs that the judge was coming and asked him if he would not allow the judge to see him first. Mr. Childs agreed to this and went down stairs. Later Judge Voris arrived with Harvey Musser, Esq., and went to Cotell's cell. The judge remained but a short time but Mr. ALusser remaineu so long that Mr. Childs became'tired of waiting and went to his office, saying that he believed he was not wanted there. Deputy Hollinger was next. He said that Attorney Childs called at the sheriff's office to see Cotell. He was alone and not knowing what to do he called up Prosecutor Wanamaker and asked whether he should allow Mr. Childs to see Cotell. The prosecutor told him that he had nothing to say regarding the matter and Hollinger next called on County Clerk Goodhue for advice, strict orders having been given that no one be allowed to see the prisoner. Mr. Goodhue told him he had better see either the prosecutor or judce, so Hollinger called up Judge Voris. He told the judge that there was a lawyer at me oiuco whj wanted to see Cotell and the judge told him "hold on a moment" until he came to the jail himself first to see Cotell. Hollinger tiien telephoned to the sheriff and told him what Judge Voris had said. Remarks were made at length and everything was carefully discussed after which George W. Sieber, Esq., made the following motion: "Did Judge Voris by his conduct, influence the prisoner, Romulus Cotell, alias John Smith in the selection of his son, Edwin F. Voris, and in the selection of Harvey Musser, the partner of Judge oris successor in omce ; mmum ue tlierebv interfere with the rights of Thomas L. Childs a member of this bar who had been requested by the prisoner to call upon hinfor consultation?" Everyone with the exception of Emory A. Prior voted in the affirmative. A committee consisting of Judge C. R. Grant, George G. Allen and Orlando Wilcox was then appointed to frame a set of resolutions and report to the meeting. The resolutions as adopted are as follows : The Resolutions. "It having been proved to the satisfaction of this meeting that the Hon. A. C. Voris, one of the judges of the court of common pleas of Summit county, O. , unduly interfered with, the choice, by a prisoner in the jail of said county charged with a capital offense, but who was then in no way within the jurisdiction or under the control of tiie said judge in the choice of his counsel and influenced him to select as such eounsel the son of said jude and the late partner of his elected successor on the bench, at a time when the said accused had expressed a desire to consult with a different attorney in that behalf; we accordingly resolve as the undoubted sense of the bar Of said county that such action on the part of Judge Voids was an invasion of the rights of said prisoner, an unwarranted interference with his free choice, a trespass upon the privilege of another member of the bar, and an act of grave impropriety diction to ass'gn counsel lor tne defense. That anybody else than the court can do this, is absurd, and that nnvhoHv cnnld nut the court in an at titude in which it could not act independently in the premises, would be subversive of the judicial power reposed in tho court, and the rights of the pub lic. With this understanding, and being telephoned to by the sheriff, asking whether he should admit Attorney Childs to the jail to see Cotell, I answered "Not until I see Cotell," which I proceeded to do at once ; but thinking it not prudent to see him alone, I telephoned Mr. Musser to meet me at the jaii, where I informed him that I had sent for him for a twofold purpose, first, to have him accompany me for an interview with Cotell, second, that if it became necessary for me to assign counsel for him, that I would like to have him act for his defense, with another attorney. He signified his willingness, in case a good lawyer was associated with him, and said that he would not serve with some members of the bar in that capacity. I said to him thafcmy desire was to appoint him, because I knew that he was not non grata to my successor, and that I would assign Mr. E. F. Voris, if he would ac cept, but of his acceptance i men nau no knowledge. My object being to assign counsel who would be thoroughly competent, and unembarrassed with the court, and who, I could feel, would act feeling the great weight of responsibil-itv of such an appointment. With that nnrtcrcim'nriincr Mr. Musser and 1 im- mpdiflhRlv had an interview with Co tell. Mr. Musser heard the entire conversation I had with Cotell. This was the only interview I ever had with Coteil. What transpired in tnac interview I have requested Mr. Musser to state in his own way, whose statement I herewith inclose. 1 The statement would never have been published that it was understood that I was to take part in the defense of Cotell, if I had been consulted respecting the matter. Such a statement put me in a false attitude before your readers, wIid are intensely interested in preserving the court from any imputation that tends to weaken their confidence in the bench. A. C. Voris. Mr. Mugser's Statement. Hon. A. C. Voris: Dear Sir In response to your request for the statement of the facts in regard to your interview with Romulus Cotell, in regard to my being associated as one of the attorneys for Cotell, I give you the following as abatement of the facts, to the best of my recollection : Between 4 and 5 o'clock on Friday afternoon, you asked me by telephone, to come to the court house at once. You did not state for what purpose, nor did I have the remotest idea of what you wanted. When I reached the court house, you said you had been telephoned to by the sheriff in regard to counsel for Cotell, and that he desired the court to appoint counsel to conduct his defense. That you intended to appoint two members nf the bar to defend him: and you nskfid ma whether I would take the defense, with some other good lawyer. I said that depended entirely upon whom vou named as my asso- askpd me whether Edwin rT Vnris won Id be satisfactory. I said he would. We thereupon went to the county jail and in the presence of Sheriff Griffin, you asked Cotell whether he was able to hire an attorney, ana whether he had any friends who could employ counsel for him. He said no, that he was without means and without friends. You thereupon asked him whether he knew any lawyers at this bar, or whether he bad any choice. He said he had heard of Mr. Sadler and that he desired him. You told him that Mr. Sadler would assist Prosecuting Attorney Wanamaker; that such was the pleasure of the nnH that vou would appoint Mr. Sadler to assist the prosecuting attorney. You again asked him whether there was any other member of the bar. whom he desired ; he rAsnondftd. that he knew of none, and that the court should appoint two persons who, the court thought, would give him a proper defense. You thereupon told him that you would appoint Mr. Edwin F. Voris and myself. You then told the prisoner who I was, and left the jail. I desire to further say, that I did not know, that any other lawyer claimed that Cotell had sent for him; nor did I know that Mr. Childs was at the jaii waiting to see him. As soon as I learned that Mr. Childs claimed that Cotell had sent for and wanted him to conduct his defense, I went to Cotell and told him that if he wanted Mr. Childs, I would gladly drop out of his case. This, Cotell refused to have me do. So far as I am concerned, Cotell can choose .. . 3 T ...111 1 . anv or.ner lawver. anu l v n i uo in tent. The Cleveland Voice has assigned; liabilities $13,000, assets $17,000. Because of the discharge of two tin plate rollers for alleged incompetency, 800 men employed at Canal Dover by Reeves Iron Co., and American Tin Plate Manufacturing company, struck yesterday. Mrs. Margaret Jones was found dead in bed by her daughter at her home in Paul's Station, near Massillon, having died from heart failure. Mrs. Jones is Jacob Coxey's mother-in-law. Mr. Gifford, a well-to-do farmer living in Strongsville, hanged himself, in a fit of despondency. Mr. Gifford s wife died suddenly of heart d sease about two weeks ago and her death was a very severe blow to him. Safe blowers robbed the postoffice at Leavittsburg, taking about $200 worth of stamps and some money, the safe was ruin ed. The iob is credited to ex perts, but there is no clue. The theft was not discovered until morning. Sheriff Ansley, of Kenton, arrested Melvin Isenberger for bigamy. He is only 21 but he has a wife living in Ada and one in Dunkirk. He has been living with the one in Ada and wife number one caused the indictment. Otis Summers, a prominent and industrious young man of Kenton, was seemingly slightly injureu oavuruaj by being struck by a piece of flying belting. Sunday evening, however, he became unconscious and within a few hours died. F. P. Richter, Columbus, O., who is said to have swindled a number of Wooster citizens and decamped, was arrested at Orrville. He paid back to all parties who advanced him money and" costs in the case and was released. Mrs. Wiliam H. Brehm, a widow, who was proprietor of a small dry goods store in Sandusky, committed suicide this morning by throwing herself in the bav from one of the docks. The body was recovered, a couple of hours later. - ' .. - S. J. Roller, of Salem, one of the county infirmary directors, was killed at his son's saw-mill. He fell against the saw and his head was split to the shoulders. It is thought Roller had a fit and fell, causing the fatal accident. The 40th anniversary of the pastorate of Rev. S. Patterson, of the Deersville Presbyterian church, was fittingly celebrated by the congregation. Rev. T. R. Crawford was pastor of the nearest Presbvterian church to Deersville for the same period, 40 years. William See, a colored man, attempt ed to jump oil a switch engine at Youngstown. He leaped in the opposite direction from which it was going and struck squarely on his head, tear ing his scalp nearly on. see was caKen to the hospital, suffering with concussion of the brain. At the quarry of J. B. Rinehart, near Fulton, Frank Inscho was opening a can of blasting powder when ?t became ignited, causing a terrific explosion. He was not killed outright, but his head and hands were terribly burned. Physicians pronounce his case critical. While F. P. Kent and William Ait-kenhead were on a scaffold at Wooster the frail structure gave way. letting the men fall 52 feet from the dome to the floor of the Lutheran church. Kent had both legs and his right hand broken and will probably die. Aitken-head escaped without injury. The Pittsburg, Marion & Chicago railroad, with its property of every description, was sold by the. sheriff at Lisbon, for $80,001, two-thirds of the appraisment. The purchasers were A. F. Comstock, of New York, C. W. Barir.ger, James W. Clark and N. B. Billingsly, of Lisbon. While engaged in repairing a pump at the bottom of a well at St. Mary's, Joe Koehl was overcome by poisonous gases and expired bafore help could reach bim. After remaining in the well for an hour the body was removea with ice hooks. Koehl leaves a widow and five children. John Graham, the postmaster at Avondale. Coshocton county, was checked up by the post office inspector and was found $275 short, xne pose office is in a drug store and the defaulting postmaster immediately took a big dose of morphine. By great efforts he was kept alive and it is now thought he will recover. At the special meeting of theboard of penitentiary managers to-day 25 offices will be delt out, and two weeks later about 100 guards, will be appointed. For these places 1,200 applications are already on file and the indications are that the list will reach 1.500 before Warden Coffin wades in with his ax. Jacob Scheerer, a laborer, aged 25, and unmarried, became suddenly insane at Tiffin and cut his throat, inflicting fatal wounds. Scheere was at work and started on a run for the country. He was followed by several neighbors, but used his knife as he ran, and did not stop till he fell exhausted from less of blood. A family of three immigrants who came over on the steamship Illinois, on which were cases of varioloid, were detained at Mingo, near Steubenville. Their destination is Dillonvale and they should have been stopped at the river, but they came through as first-class passengers on the Panhandle and were missed. Notice of their coming was iriven bv Secretary Probst, of the state board of health. The Tiffin and Fostoria Electric Street railway was sold to S. B. Sneath, of Tiffin, for $8,C00 exactly two-thirds of the appraisement. He was the only bidder. The road was begun by R. W. Brown several years ago and it is estimated that $40,000 has already been spent on it. It is said that Mr. Sneath and capitalists from the east propose to connect the line at Fostoria with a proposed line from there to Bowling Green, where the Toledo line begins. Officer John Jones, of Alliance, while searching for burglars, ran across Conrad McCue, of Salineville, who had just come in on a freight. The officer, thinking McCue might be a burglar, called on him to halt, but the latter thinking he was going to be arrested for train jumping, started to run, when the officer fired. The ball took effect in McCue's right side, inflicting a probably fatal wound. Peter Young, a well-known citizen of Portsmouth, died. The death scene was a very dramatic one. About 10 years ago, while living in Indianapolis, Young secured a divorce from his wife on a charge of unfaithfulness. When it was found that death was near, the divorced wife was telegraphed for, and she arrived shortly before death occurred. The reconciliation was very affecting, the last words of the dying man being those of forgiveness. A child has just been born to Mr. and Mrs. Willard Mercer, of near East Liverpool, who has no less than six grandmothers living a great, great-grandmother, a great grandmother and a grandmother on the side of each of its parents. The great, great grandmothers are both over 00 years of age, and both give promise, to all appearances, of living to see a number of other descendants of the fifth generation. A new boiler recently put in at the Hutsan Coal company's new shaft near Deerheld, exploded with terrific lorce, wrecking the engineroom and boiler-house. The engineer and fireman were standing SO leet away from the boilerhouse at the time of the accident and had a miraculous escape from death. The other boilers were but slightly damaged. The loss is about $3,000. The mine, which employs about 50 men, will be idle for Boine time on account of the accident. I The special meeting oftheChilli-cothe council called by Mayor Waddle to consider the scandals on the police force, and to act on the resignation ot the members of it, proved abortive. and nothing was done, lhe mayor wanted the council to accept the resignations and the responsibility, and the council wanted the mayor to do so. Between them nothing was done, and the matter stands as it has stood since Saturday night, with the resignations of the force in the mayor's hands, but with all of them on duty as usual. M. D. Thompson, one of Milford Center's business men, was married to his divorced wife, Mrs. Belle Thompson. The difference between the coupie srnso over the ouestion Of Mrs. Thompson adhering to the Catho in faith and Mr. Thompson neine a member of the Methodist church. They separated several times before, being finally divorced about a year ago. But it seems that they could not drown their affection for each other, aud they quietly arranged to remarry and put their religious differences aside. About 1 o'clock in the morning James T. Johnson, city editor of the Gallipo-tis Journal, Simon Mohr, jeweler, and Thomas Finnegan, a merchant tailor's clerk, were all quietly passing down street at Gallipolis when they were assaulted by unknown partie3 from the opposite side of the street, and badly egged and shot at. Their cries for help GREAT GATHERING. ONE THOUSAND EX -STUDENTS WILL ATTEND THE REl NION. Every Promise of a Grand Success in the Undertaking of the Alumni Ae social ion Prominent Men to Speak The New President May Be Present. The executive committee and chairmen of committees of the Alumni Reunion association ofBuchtol college met the college parlors last Tuesday. The work of the association in preparation for the reunion to be held in June was thoroughly gone over and discussed. The answers to invitations which were sent out last week to all old students and alumni are beginning to come in and rep'ies in acceptance have been received from every section of the country, literally from the Atlantic to the Pacific. Hundreds of visitors are expected and it is thought that no less than 1,000 persons will sit down to the the banquet which will be given. To accommodste the people at this ban-l quet has become a serions problem and the idea has been broached that as the proceedings ought to be kept at I the college that a large tent be pitched on the campus for banqueting pur poses. Attempts are being made to secure the attendance of notable men of the state and it is thought that the speakers will include ex-Gov. McKinley, religion, Hon j H H f of Cleveland. The following are the commitees so far selected, the chairman having power to appoint their assistants. - SajM Invitation Maud Tucker, O. Cole, MissC. J. Howard, C. D. Rundell. Transportation A. L. Foster, F. W Rice. O. Cole, Publication W. T. Sawyer, W. B. Baldwin, I). A. Doyle, Arthur Johnson. Reception S. E. Findley; others will be reported iater. . Music Scott Fierce, L. R. C. Eber- hard.O. C. Pixley. Banouet L. R. C. Eberhard, A. Kohler, Mrs. Scott Pierce. Jaunting D. A. Loyle, yer, Mrs. Chas. liaird. , There promises to be such a gather- inff of old college students as none of W Dr. A. T. Saw- drew out quite e crowd of persons and 1 tne yOUnger and smaller colleges of the west have ever the night watchmen in that locality, but the miscreants who committed the cowardly assault were not captured. The parties were badly frightened, and presented anything but a nice appearance after the affair. While John Rich, of Bedford, and C. j M. Jones, of Macedonia, were driving near Newburs.the horse became fright ened at an A., B'. & C. motor and started to run. John Rich was holding a high spirited pair of horses behind the carriage. They, too, started to run, dragging him from the carriage and some distance along tho road, badly injuring him. He has not recovered consciousness yet. Mr. Jones was also thrown from the carriage and severely injured. Rich is the same man who was severely injured at the time Alfred Whitaker was killed and has only been out a short time. HIGHWAY ROBBERY. The Gharge Against Samuel Carl Identified by Jas. Baughman Is an Ex-Convict. Through5" the efficient work of Detective Dunn, Sam Carl, of 332 Bell street, is in the city prison charged with being one of the men who attempted to rob Jas. Baughman, on Second street, Barberton, Saturday night. Mr. Baughman visited the prison Tuesday and identified Carl as one of his assailants. Carl is about 25 years old and is well known to the police, having been sent to the penitentiary from here about two years ago for burglary. He was sentenced for 18 months, but was released at the end of 14, and has been about here for nearly a year, working in the match lactory at Barberton part of the time. Carl claims that he is innocent and that he was at home on Saturday night. seen, anu tne out come of the successful reunion whicn is thus promised, will undoubtedly prove to be a revival of interest in the institution which has been the alma mater of 60 many cf those who will be there. ' An effort will be made o secure the selection of the new presMent by commencement week, so that the alumni and old students will have an opportunity to meet him, and so that he will be able to get "in touch" with them. The special committee on president have a number of men in view but al yet has taken no action. Sunday School Convention. The annual convention of the Summit county Sunday school reunion will be held in Barberton, May 23, Among the speakers will be Mrs. W. B, Porter, of Cleveland ; Emil Gammetert of Akron, and U. Ot. High.of New Portage. Members of the executive committee are R.T.Miller, of Hudson j Rev A. F. Upp, of Barberton, aud D. P. Wheeler, of Akron. Hon. C.O. Hale, of Bath, is secretary of the organiza tion. p. i It: C. E. Pfeiffer, a brakeman on tht, Norfolk & Western railroad, fell between two cars, at Portsmouth, his toe catching in the brake rod. In this position he rode six or seven miles. Had he slipped or had his toe pulied from the brake rod he would have been dashed under the car wheels. The conductor discovered him in time to pull him up safely. The miners' strike at No. 5 mine of Sherrodsville, Carroll county, has been adjusted. The men had demanded an increase and the company had proposed a reduction. After a short idleness the difficulty was adjusted and the men returned at the former rate of 60 cents per ton for roouJ work and 20 cents for entry work. Dague Bros. & Co. A Great Sale -DURING THE Remainder of the Week ! We will place on sale TO-MORROW MORNING a lot of r0 Pieces Novelty ail Fancy Dress Goods, 1 Harvey Mussek. The organization of the glass workers of the United States into McKin-lev clubs is nroeressing favorably with the states of Ohio, Indiana, Illinois and Missouri in line, and New Jersey, Pennsylvania and New York preparing to wheel into position. Joseph Grape-wine, of Massillon, by unanimous vote, has been elected national president. Last week a fellow giving his name as F. C. Richter, and residence Columbus, came to Wooster and advertised "for steady men for shop and sales. Salary $15 per week, references and small cash deposit for stock." It is said he received a number of answers, but last Saturday he skipped out after beating a number of applicants and. Landlord Charles Zaring, of the Nation house. TWO Worth 50c a yard. This week they will be sold at CASES FINE DRESS GINGHAMS ! Best quality and styles, worth 12c, afrv: POON need. We have you can use one Are what you too many. If set or twelve sets it will certainly pay to make the investment. Takes a set of best quality plated Teaspoons; 50c a goodf-cheaper silver plate and nearly any make you desire. This Week Only ! Do not expect to get them later at these figures. See our finest Berry Spoons at $1 each, our Belts for 50c. HALE, Main St. Jeweler, Telephone 664. 154 Main St. Special Jacket, Cape and Suit Sale. It matters not which you want. They are here. Racks full of them. Just what you are looking for. Every gar ment in stock A BARGAIN. Laundered Shirt Waists. Our stock will meet your expectations, and the priced will be in your favor. New Dresden Ribbons. You want them. We have them for you at about one half what you have to pay many places for them. Kid Gloves, Too. No such goods tor tne money else wn ere. Be Sure and Attend the Dress Goods Slaughter Sale the Balance of the Week. m I Pip Tate w- n Dague Bros. & Co. A i USE

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