~] º º > > z º.º. < № < ~© ~] º £ (~ ~ ~) > C № ſae|×)- |-: |-|-----: ||-ſae . . . .- №: ,:--~~~~(_)~~-©® |- ſae ae, :: - |-, | || …, … - . :|× ,,…)| , ، ، ،: : : : : : : : :~ | _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Eva D. ALT House's Residence, WHERE SAXTON WAS MURDERED. CANTON'S GREAT TRAGEDY THE MURDER OF GEORGE D. SAXTON, TOGETHER WITH A HISTORY OF THE ARREST AND TRIAL OF AN NIE E. GEORGE, CHARGED WITH THE MURDER. WITH BIOGRAPHICAL SKETCHES OF GEORGE D. SAXTON AND ANNIE E. GEORGE. WITH II, LUSTRATIONS. By “. COE. " Entered According to Act of Congress in the Year 1899, in the Office of the Librarian of Congress, at Washington, D. C. ALL RIGHTS RESERVED. PRESS OF CLAPPER PRINTING CO. WOOSTER, O. AUTHOR'S NOTE. CANToN, OHIO, April 29th, 1899. In giving to the public the history of the murder of George D. Saxton; the arrest, and the proceedings of the trial of Annie E. George, charged with the murder, the writer has given the facts as nearly as it was possible to obtain them. While, on account of the prominence of the relatives of George D. Saxton, the reference to his private character as published in the newspapers since the murder, is to be regetted, yet a private history of the lives of both of the principal actors is necessary to a correct under- standing of the circumstances surrounding the unfortunate tragedy. The trial of the case was one of the most sensational ever had in the Courts of Ohio. The history of the murder, the arrest of Annie E, George, charged with the murder, the preliminary examination and the trial of the case have been given in detail as nearly as possible by the writer, who has been in a position to watch the proceedings from the time of the arrest of the accused to the end of the trial. THE AUTHOR. Early Life of George D. Saxton. CHAPTER I. On the evening of the 7th day of October, 1898, George D. Saxton, a prominent citizen, and the only brother of Mrs. William McKinley, the beloved and esteemed wife of the President of the United States, was shot and instantly killed on the steps leading to the residence of Mrs. Eva D. Althouse in Canton, Ohio; and almost immediately afterward Mrs. Annie E. George was arrested, charged with the murder. The news of the murder swept over the town like a cyclone. The people were wild with excitement, and groups of citizens could be seen standing on the streets and in business places, gathered together discussing with bated breath the awful tragedy. More than ten years ago George D. Saxton and Annie E. George first became acquainted. Not long thereafter, rumors of scandal began to spread on account of their conduct. Their many quarrels, dissentions, and law suits became the talk of the town. Canton society was shaken from center to circumference with their troubles, and so notorious were their 6 CANTON'S GREAT TRAGEDY. bickerings and turmoils that they were known to nearly all the people of the city. The Rec- ords of the Courts were encumbered with their litigations, the gossips exhausted themselves with the scandals which from time to time were circulated about this couple. So that, when it became known that George D. Saxton had been killed, the finger of suspicion was at once pointed toward Annie E. George as the sup- posed murderess. The murder of George D. Saxton unfolds a history of one of the most sensational episodes that ever appeared in public print. He was the only son of James A. Saxton and Catherine Saxton, and was born October 31st, 1848. His father, James A. Saxton, was one of the most substantial and prosperous citizens of Canton, Ohio. He was wealthy and influential; he had been identified with its best interests for many years, was highly respected, and was regarded as one of the stalwart citizens of the town. He establised the Canton Repository many years ago, had been engaged in banking busi- ness, and remained in active business until a few years before his death. When he retired from business he had accumulated large property interests. He was an active and energetic busi- 11ess 111a11. The only surviving members of the family at the time of the death of George D. Saxton were Mrs. William McKinley and Mrs. M. C. Barber, sisters of the deceased. CANTON'S GREAT TRAGEDY. 7. The home in which George D. Saxton grew up was bright and happy, and presented a beautiful example of social and domestic virtue. He was an intelligent boy, and as he ap- proached young manhood gave promise of a useful business man. He attended the schools of Canton and re- ceived a good common school education, and having inherited from his father substantial bus- iness qualifications, he was thoroughly fitted for a successful business life. After he had completed his education he was employed for several years in his father's bank. The experience he received in banking business and his dealings with the general public thoroughly qualified him to manage the large estate which he afterward inherited from his father. After the death of his father and mother he made his home with his sister Mrs. M. C. Barber at the Barber residence, which was the old Saxton homestead. This property had been owned and occupied for many years by his father and it was there that President McKinley and his wife made their home during nearly all of his official life. This residence was the rendezvous for many of the most influential and noted men of the nation, who visited Major McKinley while a Member of Congress, socially and politically. George D. Saxton was above the medium height, with a dignified, commanding presence, and a handsome pleasing countenance, always 8 CANTON'S GREAT TRAGEDY. being faultlessly dressed. In his young man- hood he was a bright particular star of Canton's elite set of young people, and was un- usually popular wherever he was known. He had a personal magnetism which would naturally attract and retain the most ardent and sincere friendship. There was no gathering of the young people of his associates that was complete without his presence. He was fond of society and enjoyed it with a zest that made him much sought after, and a charming member. The high position in society which the family occupied gave him a prominence which, with wealth and personal attraction, gave him an entree into the best homes of the City, and made him a welcome guest. He was regarded as suitable and agreeable company in the exclusive set in which he moved. He had a number of serious and romantic love affairs during his short career prior to the one that ultimately ended with his tragic death. His first engagement was with a beautiful young lady of Canton, his equal socially and financially. She was the daughter of wealthy and influential parents and occupied a promi- nent position in society. His acquaintance with this young lady began with their child- hood. She was bright and intelligent and had all the accomplishments necessary to make her a shining light in society. His attentions to her were rather encouraged and the engage- ment sanctioned by the parents on both sides. - GEORGE D. SAXTON. CANTON'S GREAT TRAGEDY. 9 This young lady possessed a genuine and sincere friendship, and her love for George D. Saxton amounted to devotion. Being of a convivial disposition after some time when not in the im- mediate society of his expected bride, and find- ing time hanging heavily upon his hands, he sought the company of women who were dis- posed to lead a life of revelry. He found in the association of such women a relief from the more serious side of life and more suitable to his tastes. He soon grew tired of this beautiful young girl, his visits to her and the presents which he had lavished upon her as his intended bride became less frequent, and in time entirely ceased. His conduct toward her and his seeming in- difference were a cruel blow to her future happi- ness. She could not believe that he would dis- regard so readily the sacred vows which he had so earnestly made. The knowledge of his as- sociations with others and his abandonment of her, threw her into an illness from which she never recovered. She died of a broken heart. The sickness and death of this young lady did not deter him from keeping up his reckless associations. He became more bold and could be seen at public entertainments in the company of, and upon the streets driving his spirited team of fast horses, with women of question- able character. Not long after the death of this young lady a society girl of Massillon, Ohio, was the re- 10 CANTON'S GREAT TRAGEDY. cipient of his devoted attentions. She too, was the daughter of highly respected parents. Sur- rounded with wealth and luxury she occupied a high position in society. She received and ac- cepted his attentions with the purest motives and after a courtship of a few months the en- gagement was announced and the day was set for the wedding, but it never took place. The same attractions which caused him to break the former engagement seemed to make it an easy matter for him to disregard his sacred vows in this case. This was a sad experience for this young lady, and seemed to change her whole life, for it has since been learned that her subsequent marriage partook of a sensational nature, and it was reported that she eloped with the family coachman. She, too, has since passed away. Her unhappy experience in this affair no doubt was the cause of her untimely death. Another prominent young lady was the victim of George D. Saxton's intrigues. Several years ago this young lady resided in Canton. She was tall, slender and pretty, and had many admirers, but none found favor with her as did George D. Saxton. It was soon known among their friends that they were engaged. He seemed devoted to her for a time, and she in return gave him her love and affection. The time was fixed for their wedding, but for some reason unknown to the world it never took place. CANTON'S GREAT TRAGEDY, 11 She married another man and moved away from the town. This marriage was also an un- happy one. She obtained a divorce from her husband, and it is said that after the divorce was granted she was again engaged to marry Saxton. Since his death it has become known that this young woman did not know of the relations that existed between Saxton and Mrs. George. From the time of her marriage she resided in Pittsburg, and only learned of his tragic death through the newspapers. Rumor has it that this young woman and Mrs. George were both engaged to Mr. Saxton at the same time. Other cases of like character could be given, but the foregoing are sufficient to acquaint the reader with some of the peculiar circumstances which surrounded those who are connected with this deplorable tragedy, and to give an idea of the kind of man George D. Saxton was when he met the person who, it is claimed, caused his death. Early Life of Annie E. George. CHAPTER II. Annie E. Ehrhart was born on the 18th day of September, 1858, in the little village of Hanoverton, Ohio. This little village is situ- ated in the south-west part of Columbiana County, within a short distance from the Cleveland and Pittsburg Railroad. It was laid out a great many years ago. Some of the houses were built more than sixty years ago, and are in a very dilapidated condition. The village is surrounded by a rolling country, and is in some places somewhat hilly but well adapted to farming and stock raising. The people who lived in the village and surrounding country are substantial citizens, well to do and enterprising. The parents of Annie had resided in the village for many years. The husband and father was a good-natured, easy going man, and very much attached to his family. The wife was a kind-hearted mother who took a great interest in her children, and was es- pecially anxious that they should be properly trained. CANTON'S GREAT TRAGEDY. 13 In all, the family was well liked by their neighbors, and all who knew them. Annie was an unusually bright child and was the pet of the household. She was educated in the common schools and received a fair education, being quite intelligent and precocious, she was further advanced than most children at an early age. When she grew up to young woman- hood she was regarded as the belle of the little village and surrounding country. She was an especial favorite among her acquaintances and had many suitors before she met the man whom she afterward married. On the 8th day of April, 1878, she was married to Sample C. George, a young man of good character who had many friends in the neighborhood. He was a carpenter by trade, was energetic and ambitious, and started out in the world with bright expectations for the future. A year and a half after this marriage their first child was born. Mr. George was a kind and affectionate husband and Annie a faithful, devoted wife and now a happy mother. It was an ideal little family. Their first born more closely united the ties of their devotion to each other, and with the knowledge of a parental responsibility they were both happy. Some three years after the birth of this child a second son was born. Mr. George continued to work at his trade in the vicinity of Hanoverton, and while it required all his energy to support his 14 CANTON'S GREAT TRAGEDY. little family they got along very well, for their mode of living did not require a very great out- lay of the proceeds of his labor. Mrs. George was very much devoted to her husband and children, and seemed to be delighted with the care of her family. After a while Mr. George came to the conclusion that he could do better by seeking a larger field for his business, and they selected Canton, Ohio, for their future home. They moved to Canton in the year 1883 and sometime therafter they rented rooms in the Saxton Block, which is a large building erected by James A. Saxton, and afterwards owned and managed by his son George D. Saxton. This building had been arranged for store rooms on the first floor, and offices and tenement apartments on the second and third floors. Mr. George and his family occupied a suite of rooms in this building. After moving to Canton he continued his trade, and also en- gaged in the business of contracting. Mrs. George found, after living in a larger place for some time, that the demands for her children and herself were increasing, and as she was an expert seamstress and highly accom- plished she began dressmaking on a small scale. This was continued for several years, thereby assisting her husband in the support of the family, and in fact she substantially dressed herself and children from that source. Mrs. George was a decided brunette beauty, with a figure that would do honor to an art studio. CANTON'S GREAT TRAGEDY, 15 She was as graceful as a queen, with a com- plexion like alabaster, and sparkling black eyes that made her a dream to look at. She naturally attracted attention about the Saxton Block and upon the streets. She had many friends and was popular among her new acquaintances. Some time after the George's moved from Hanoverton to Canton, Mrs. George went to the store of Golberg Bros. in the Saxton Block to do some shopping. George D. Saxton happened to be in the store at the time. Her beauty and graceful figure at once attracted the attention of this man of the world. He quietly inquired of one of the clerks in the store who she was ; he was told that she was Mrs. George. “She is a re- markably handsome woman,” he said, “I will make her acquaintance. He managed to ob- tain an introduction to her before she left the store. He was very much impressed with her beauty and manner, and her seeming unsophis- ticated innocence. Mrs. George told Mr. Saxton, in their conversation after the intro- duction, that they had moved to Canton and expected to reside there permanently. In a few days after, they received a letter from Saxton saying to them, that he had a suite of rooms in the Saxton Block which would no doubt suit them in their convenience and rental. Mr. George went at once to see Mr. Saxton about the rooms and made a contract with him 16 CANTON'S GREAT TRAGEDY. for them. They immediately made their ar- rangements to move, and took possession of the rooms on the second floor of the Saxton Block. Mr. Saxton, soon after the arrival of the George family, visited them and made frequent calls afterward to see if any changes in their apartments were desired. Mr. George was very much impressed with the kindly interest which the landlord manifested in their behalf, and they became very friendly. They ap- preciated his apparent kindness and consider- ation for their wellfare, and more so for the reason that he was comparatively a stranger to them both. Mr. Saxton, on one of his visits, in a joking way, asked Mrs. George if she would mend a pair of gloves for him. This she readily consented to do. They had only become fairly settled in their new home when Mr. Saxton went to their room one evening with a sealskin sacque, which he said he had purchased for a friend of his who resided in some distant city. He said it required some alteration, and asked Mrs. George if she would kindly do this for him. He requested her to try the sacque on, as he thought the friend for whom it was intended was about her size and build. He asked her to make the required alterations and said he would call in a day or two and get it. She readily consented to do so. In the meantime the necessary change was made, and he again CANTON'S GREAT TRAGEDY. 17 called. He then requested her to try the garment on again. “Ah,” said he, “the fit is so perfect on yourself, it would be too bad to to take it from you and give it to someone else.” And he said to her, if she would accept it he would present it to her. He told her he was positive it would not look so well on any- one else as it did on her. Mr. and Mrs. George were very much sur- prised and pleased at Mr. Saxton's generosity. They could hardly understand what prompted him to become so much interested in their well- fare. They modestly accepted the valuable gift in a spirit of gratitude; never dreaming of the true object that inspired him to make it. They were poor, and such a gift as this at once filled them with gratitude and a sincere friendship for Mr. Saxton. From that time on, Mr. Saxton was a welcome visitor at the George rooms. He would go and come at his pleasure, often in the absence of Mr. George, and on account of the position which Mr. Saxton occupied in society and business circles, it caused the George's to feel highly complimented by the friendship of such a prominent person and citizen of the place. Mrs. George, in her inno- cence, showed the valuable gift to her friends, and spoke of it and of Mr. Saxton in the most kindly and friendly terms. George D. Saxton was unusually handsome, and an adept at love making. He had in a short time so ingratiated himself into the good graces of this charming 18 CANTON'S GREAT TRAGEDY. woman, that she began to look forward to his visits with a more than passing interest. His extravagant compliments bestowed upon her were to her a revelation. He poured into her ears all the flattering endearments of which he was capable, and sought to gain her affection and confidence, which he ultimately accomplished to his heart's content, for she soon found that she not only loved him dearly, but was infatuated with him beyond her under- standing. CHAPTER III. Many months went by and the visits of Saxton continued uninterruptedly to the George rooms. At last it began to dawn upon Mr. George's mind that the attention and con- sideration for their welfare on the part of Mr. Saxton meant more than a passing interest in his family. He had seen and heard private conversa- tions in the hall of the Saxton Block, meetings upon the street between his wife and Saxton, and at length, while he was not of a jealous dis- position at all, he became suspicious of their conduct, and he spoke to his wife about it and cautioned her to be careful, that Saxton's fre- CANTON'S GREAT TRAGEDY. 19 quent visits to their rooms in his absence, and the fact that they had been seen so frequently together upon the streets and other places might give rise to a scandal, and to have his visits discontinued. She promised him she would do so, but Mr. Saxton paid no attention to this admonition and continued his attention and visits. He realized that he must use cun- ning, skill, and all the knowledge of human nature at his command; he therefore concluded to adopt new methods in order to obtain pos- session of this woman. He seemed to enjoy the romance of the situatinon, and to take a de- light in the extraordinary effort it required for him to gain her confidence and affection. As he became better acquainted with her and to know her more intimately, he became the more infatuated with her. The difficulties he encountered, and which were constantly thrown in his way made him more determined to continue the conquest. She seemed to fortify herself against his advances, but she had no more chance against his overtures than a frail bark in an ocean storm. Almost two years went by and his visits and attentions continued. Annie George had learned in the meantime to love him with all the ardor of her nature, but she could not forget the great sacrifice she was making. She had been a de- voted wife and had dearly loved her husband, but now with a remorseful conscience she real- 20 CANTON'S GREAT TRAGEDY. ized that she had become entirely es- tranged from her husband and had transferred her affections to George D. Saxton. Notwith- standing this, she begged him to not pursue her further, to leave her and break up their unlaw- ful relations and associations. She was fearful that her husband, who for some time past had become exceedingly jealous, would apprehend their clandestine meetings, and she told Mr. Saxton that iſ he would find them out he would certainly shoot them both. To all of this he turned a deaf ear, and assured her from time to time that there could be no danger. Mr. George was now thoroughly convinced of the improper relations that existed between his wife and Mr. Saxton, and he pleaded with her to break up their unholy relations with each other and save herself and family from ruin and disgrace. He threatened her with divorce pro- ceedings, if she did not do so. She met all this with a dignified assurance that she would not give up Saxton, that he could take his course and leave her if he so desired. Indeed she was willing to be separated from her husband; while she dreaded the notoriety of a divorce suit, she knew that if he obtained a divorce it would relieve her from the obligations of her marital relation, all of which would give her more freedom with less danger of exposure in her amours with her lover. Her husband was heart broken. He CANTON'S GREAT TRAGEDY. 21. was devoted to his wife and children, and could not bear the idea of giving her up, and the breaking asunder of the ties which bound their little family together. He keenly felt the disgrace, but was entirely without a remedy. Mr. Saxton was fully aware of the trouble the George's were having, but he was relentless and cared for nothing but the accomplishment of his purpose to obtain possession of his love, Mrs. George. Sample George sought an interview with him and begged of him to discontinue his visits to his wife, that he knew what was going on between him and his wife, and kindly requested him to desist. Saxton denied that there was anything improper between them; that he had the highest regard for the welfare of his (George's) family, and that he would not on any account be guilty of doing anything that would give either of them pain or trouble, and promised that his visits to her rooms would entirely cease. The promise was no sooner made than broken. He now had Mrs. George completely in his power. His will seemed to be her choice, and she depended entirely on him for protection, and seemed to believe that he could prevent her husband from doing anything that would in- crease the scandal which had for some time been smothered, but liable to break out at any time. Mr. George could stand it no longer and he sought the advice of an attorney, and in 22 CANTON'S GREAT TRAGEDY. February, 1892, he brought suit against Mr. Saxton for $20,000.00 damages for alienating the affections of his wife. This suit created a great sensation, and considerable comment by the people on account of the prominence of the parties in the case. Mr. George and his wife had now separated. The children remained with the mother. Mrs. George took issue with her husband in this suit and allowed Mr. Saxton to control her as the potter would a lump of clay. She was ready and willing to do any- thing that would be for her interest and that of Mr. Saxton. Mr. Saxton was much concerned about this case. He knew that he was guilty, and realized that they would in all probability prove his guilt. He also employed counsel and prepared for his defense. His answer, filed in the case, was in the nature of a general denial of all the allegations in the petition, and the issue as to his guilt was thus made in the Courts. Mrs. George remained loyal to Saxton. They conferred together and also with his attorney. She aided and assisted him in pro- curing testimony that would contradict the claims made by her husband, and that would support the position taken by Saxton. This suit remained in Court until March, 1894, when it was dismissed without prediudice to a new action, if he desired to bring one thereafter. The object he had in dismissing the case is not known, for in about a year afterward CANTON'S GREAT TRAGEDY. 23 another suit was brought upon the same alle- gations, and damages claimed in the same sum. The petition in this case alleged that in April, 1891, at the Saxton Block in Canton, Ohio, George D. Saxton willfully and maliciously de- prived him of the affections of his wife, and that her affections became alienated, and he was thereby deprived of her society and her aid in his domestic affairs, causing him to suffer great mental distress and misery, and brought him to shame and dishonor. - There were two other causes of action in the petition alleging that in November, 1891, and at other times and places Mr. Saxton was guilty of adultery with Mrs. George. He filed an answer to this petition in which he denied generally all the averments; and the issue was again made in the case. The case was pre- pared for trial, and it was looked forward to by the public as one that would create a great sensation. The case had been assigned for trial on a certain day, but on account of the interest taken by the friends of Mr. Saxton, and espec- ially by the friends of his brother-in-law, Presi- dent McKinley, all of whom were desirous that the case should be settled, if possible, and there- by prevent a disagreeable notoriety which it would naturally cause if the case was tried, it was continued. Negotiations were then entered into by both sides for a settlement. Proposi- tions were made and considered by the parties, but they were unable to agree upon terms, and 24. CANTON'S GREAT TRAGEDY. on the morning of the trial the case was con- tinued with the hope that before the next term of Court asettlement could be agreed upon. These cases were of a series of litigations which this unfortunate couple had. Mrs. George claimed that Saxton had promised to marry her time and again during their intimacy and acquaintance, and he suggested to her, as she said, after her husband had brought suit for damages, that she should go to Canton, South Dakota, and take up her residence there and file a petition for a divorce against her husband, and in order to obtain a divorce in that State it was necessary under the Statute of Dakota for her to reside there six months, so as to give that Court jurisdiction of the case. He promised her if she would do this, he would accompany her and pay her expenses, her at- torney fees and the costs of the divorce pro- ceedings, and when she returned the marriage would be consummated. She readily consented to this and made arrangements for the trip. Mr. Saxton went with her and remained in Canton, South Dakota, stopping at the same hotel for several weeks. An attorney was em- ployed and the case commenced. The grounds alleged in her petition were willful absence on the part of her husband, Sample C. George, and gross neglect of duty. After the arrangements were perfected and the case commenced, Mr. Saxton returned to his home in Canton, Ohio. A correspondence AN NIE. E. GEORGE. CANTON'S GREAT TRAGEDY. 25 was kept up between them regularly, and many letters of an endearing nature passed between them. At one of the trials between Mr. Saxton and Mr. George several letters of the cor- respondence between them, while Mrs. George was in Dakota, written by Mr. Saxton, were produced. Only two of these letters were read before the Court, the others have all mysteri- ously disappeared, and interested parties claim that they do not know where they are. Those which contain the most endearing sentiments and might have been the most harmful to him in the alienation suit have disappeared. The two remaining letters are here given: CANTon, OHIo, May 30th, 1892. DEAR ANNA:—I enclose you a draft payable to Brown for $100.00. Do you know that since the 1st of January, 1891, you have spent almost $1,200,00? I got a letter from B. yesterday, in which he rakes us for my mis- take in Sioux City. I am sorry you had to leave Canton, as I think that was a better place for you than Sioux Falls, but go and visit your cousin. Jennie is here, she came yesterday and is going to Alliance today. I have not been well for the past three or four weeks, and I think I will go up to Mt. Clemens, Michi- gan, for a couple of weeks, and take a course of baths, but do not know just when I can leave. With love and kisses, GEORGE. CANTON, OHIo, May 30th, 1892. DEAR ANNA:—I wrote you a letter Wednesday and suppose you think I am scolding you all the time, but I don't want to scold you, for I consider you have enough 26 CANTON'S GREAT TRAGEDY. trouble without any scolding from me. I will send my attorney down to Hanoverton the 9th of next month to see the witnesses and have a talk with them and take their depositions. I don’t think you are going to have any trouble with your case out there, but of course I don't know of Sample's arrangements, but I don't think he cares whether or not you get a divorce, if he can get some money on the other case, and I will want to take your de- position in relation to the letter and offer that Sample made you. You told me that he offered you $1000 if you would go before his attorney and say I was the cause of your leaving him. Was that what the letter said 2 If we only had that letter it would be valuable evidence. With love and kisses, GEORGE. Mr. Saxton and his attorney were very in- dustrious in the preparation of his defense in the damage suit brought against him by Mr. George. This suit had given him a great deal of trouble and annoyance, but he found time hanging heavily on his hands in the absence of Mrs. George, and he renewed some of his former associations as well as new ones he had made, and in a short time found himself in the midst of his old time revelry. Time passed rapidly amidst his now pleasant surroundings, and almost before he realized it he received a letter from Mrs. George stating that the divorce had been granted. She then returned immediately to Canton, Ohio. She was in great glee with the joyful expecta- tion of becoming the wife of the man whom she worshipped. Him for whom she had given up husband, children and home, and had sacri- ficed her own good name. CANTON'S GREAT TRAGEDY. 27 She had supposed that as soon as she re- turned the marriage would undoubtedly take place, and she could not understand his cool re- ception. He evaded her and refused to talk to her. She spoke to him about the marriage, but he simply laughed at her and said he was not ready to marry yet, that he would see about it in the future. CHAPTER IV. After the divorce was granted and she re- turned to her home she found that she was not welcomed by Mr. Saxton with open arms and the speedy marriage she so fondly anticipated. On the contrary she found him cold and indiffer- ent, for he had grown tired of his pretty mis- tress. She in the meantime was growing older and he had sought the company of younger persons more to his liking, who were more easily charmed by his flattery, and in a short time there was an open rupture between them. Mrs. George became desperate. She recalled the many happy hours they had spent together. She had yielded to the tempter. He was her idol, and after enticing her from a peaceful fire- side and the embraces of a loving husband, and depicted tempting luxuries to her, that he should 28 CANTON'S GREAT TRAGEDY. in the end cast her off and share his affections with others was terrible to her. This was more than she could bear. Saxton seemed to be entirely estranged from her. She finally left her rooms in the Saxton Block and took up her residence on another street in the city. She soon afterwards instituted a breach of promise suit for $30,000.00 damages for his failure to marry her. Mr. Saxton filed his answer to this suit denying that he ever promised to marry her, and the case was pending in the Court for a year or more when it was dismissed. Shortly after the commencement of this suit she insti- tuted a suit in replevin to recover the possess- ion of her furniture and household goods which had been left in the rooms in the Saxton Block and which she claimed he withheld from her and refused to permit her to remove them. In his answer in this case Mr. Saxton set forth, that while she had lived in his apartments and at other times he had loaned her large sums of money which she refused to pay him, and that he would turn over the furniture to her as soon as she paid him the indebtedness due him from her. These suits caused much unpleasant com- ment among the friends of both parties and the people generally. Mrs. George was now thoroughly convinced that the friendly relations between her and Mr. Saxton had entirely termi– nated. She was frantic and desperate. She visited the Block in which he occupied rooms CANTON'S GREAT TRAGEDY. 29 and greatly interfered with his business and pleasure as he claimed. She would frequent the halls and threaten women of the town who were in the habit of calling on him at his rooms for a good time, with violence. Mr. Saxton was much annoyed by her con- duct and he became thoroughly aroused and threatened to restrain her from pursuing him in this way, and on the 5th day of December, 1895, he began proceedings in the Court of Common Pleas to restrain her from interfering with his peace and business relations. He set forth in his petition that he was the owner of the Saxton Block, the lower floor of which was used and occupied for a general store. That the apartments upstairs were intended and were suitable for business rooms and dwelling purposes. That the building was used by people for these purposes, and that for the past year Mrs. George had committed trespass by coming into the building without any purpose. That she pretended to call upon him upon business matters when in fact as he alleged, it was simply an excuse to annoy him, and he asked that she be restrained from visiting the building and especially his rooms, and that she be restrained from molesting him in the manner set forth in his petition. He procured a re- straining order and she was enjoined from doing the things which he had set forth in his petition until the further order of the Court. 30 CANTON'S GREAT TRAGEDY. An answer was then filed by Mrs. George to this extraordinary petition, in which she denied that the Block was used for the purpose de- scribed in the petition, and she alleged that the room kept by Saxton in the Block was used for a gambling room where he and others met night after night to play cards; that this room was visited by sporting characters and gamblers generally for that purpose; that the rooms were not orderly as he had stated in his petition. She further denied that she had been guilty of any improper conduct or any impro- priety whatever and alleged that she had always demeaned herself properly and had con- ducted herself in all respects in a ladylike manner. She further alleged in her answer that for several years past she had resided in rooms in the Block designated as Room No. 7, which she had used as her home, and that her bedding and household furniture were still there. That her visits to the room were made for the pur- pose of looking after her goods and to prevent them from being misused and abused by Saxton and the immoral and dissolute charac- ters with whom he had been in the habit con- stantly for some time past of associating and cohabiting in his rooms. She further said that Saxton had leased her these rooms or had given her permission to make her home there as long as she lived, and that she recognized the use of these rooms to be hers. That relying upon his promise she had left her goods there when she CANTON'S GREAT TRAGEDY. 31 went to Dakota at his special instance to ob- tain a divorce from her former husband. That Saxton had agreed to pay the costs for obtain- ing a divorce and had persuaded her to do this so that she could be free to marry him as soon as she returned, all of which he had promised to do. She further represented that her rooms were then kept by him for purposes of prosti- tution, and that he was in the habit of enter- taining therein lewd and dissolute women; that her property was being injured by his in- decent and lascivious conduct with vile asso- ciates, aud she claimed that she had a right to enter the premises for the purpose of protecting her property, and she asked that his petition, for the reasons set forth in her answer, be dis- missed at his costs. Saxton filed a reply to this answer in which he denied generally all of the allegations set forth and contained therein, and alleged that none of the facts set forth in the answer were true. In speaking of the case afterward Mr. Saxton said that Mrs. George, on a certain oc- casion, had gained an entrance to his rooms upon the pretext that she had business with him, and that she seated herself in the room and refused to leave, that he requested her to leave the room and not annoy him any further, but she remained there nearly a whole day, and that he was compelled to call a policeman to remove her from the room. The next day she 32 CANTON'S GREAT TRAGEDY. returned about the same time that she had come the day before, and remained in the hall- ways of the building from early in the morning until midnight, and refused to leave. He had told her repeatedly that he did not want her to remain there and kindly asked her to leave the building. That she indignantly refused to do so, and seemed to delight in annoying him in this way. She repeated these visits day after day, seemingly without any purpose except the delight she had in annoying him. He further said that she would rap on his door, or if the door was found unlocked, she would enter and remain until he would have to forcibly eject her from the room. That on account of her con- duct his tenants became annoyed and dissatis- fied and threatened to leave the building. He said that frequently he was compelled to take her by the arm and lead her from the building. Mrs. George denied all these charges and claimed they were all untrue. She was very much worried and exasperated on account of this suit. She now realized fully that Saxton had no love for her, and the true condition of things began to dawn upon her, that his pre- tended love for her heretofore had been a sham and a delusion from the first; that his only object was to gain her love and affection for his unlawful purposes, and when he was tired of her, he cast her aside regardless of her changed condition as he had done before with others, and leave her ruined, scandalized and CANTON'S GREAT TRAGEDY. 33 disgraced. She now had no family or friends, and the man for whom she had given up every- thing which she possessed, including her honor and social standing, had turned his back upon her. Her situation was pitiful indeed. She had no home, no friends and no money. She had never been in that condition before. She was high spirited, ambitious and full of life. She had been idolized by her husband and after- wards as she had thought by Saxton. She was vain and proud of her beauty; nothing had been too good to be lavished upon her by Saxton, and now that he had forsaken her was more than she could bear. Saxton in the mean- time had formed other liasions. He would go out publicly riding with women of doubtful reputation, upon the streets. Within three miles of Canton there is a place of resort called Myers Lake, with its Hotels and beer gardens, and almost any evening during the summer he could be seen at this place in the company of such women. Mrs. George had many times been seen with him at this resort. She had often been riding with him behind his fancy teams of fast horses. It was at this place where she claimed that he had accomplished her ruin. Mrs. George, during all the time that Saxton was enjoying himself with others, after the relations between them had terminated, kept a strict surveillance on all his movements. She knew what he was doing, with whom he was 34. CANTON'S GREAT TRAGEDY. associating, and the life he was leading, and it aroused in her an indignation which knew no bounds. She threatened him with violence, she threatened those with whom he was reveling, and what with her haughty spirit, her pride and vanity, as well as a somewhat revengeful disposition, she could scarcely restrain herself from violence in the face of all her tantalizing surroundings. Some time after the suit above referred to had been commenced, friends of both the parties became interested and there were negotiations for a settlement of the replevin case, during which time Mr. Saxton wrote a letter to Mrs. George which is as follows: MRs ANNIE GEORGE, CANToN, OHIo. In reply to your message given me by John Jackson I have to say that you can have all the articles which are in the building and are not held as collateral security for the payment of a note which you have given me, and upon payment of that note you can also have these last men- tioned. I do not know all the articles you have referred to, and so ask you to come with some reliable disinterested person and what is not held as security as above mentioned you can take away with you. Respectfully, Geo. The one who found special favor in the eyes of George D. Saxton after the relations between him and Mrs. George had terminated, and who seemed to entirely supplant her in his affections was a widow by the name of Eva D. Althouse. She was rather good looking and while not pretty, had charming manners and many win- CANTON'S GREAT TRAGEDY. 35 ning graces. She, like others connected with this case, has a history. She was the daughter of a respectable and well known citizen of Canton. Her first marriage was with a well known young man who was highly esteemed in Canton. After her marriage her conduct did not al-together suit her husband, and he became suspicious of her, and was convinced that she was not true to her marriage vows. A detective was employed to solve the mys- tery. Their residence was on East Tenth street. His business called him away from home a great part of the time. Early Life of Eva D. Althouse. CHAPTER V. She, like a good many others connected with this strange case, has a peculiar history. She was the daughter of a well known citizen of Canton. She had been well raised and had occupied a very respectable position in society. Her courtship with the man whom she afterward married extended over several years. She married this young man, who was well known and highly esteemed by all who knew him. He was engaged in busi- ness at the time of his marriage which required his absence from home a great part of the time. Their marriage was considered a happy one and they entered upon their married life under very favorable circumstances. It was not long how- ever until the husband began to suspicion that his wife was not true to her marriage vows. He had been informed by some of his immediate friends that when he was away on business his wife was receiving visits from a well known young man in Canton, and the husband con- cluded that he would employ a detective to shadow his wife in his absence and learn to his CANTON'S GREAT TRAGEDY. 37 own satisfaction whether the reports that came to him were true or not. He was devoted to his wife and he hoped that the investigation would result in freeing her entirely from sus- picion, but in this he was disappointed. He continued his business trips and in a very short time the detective reported that his suspicions were well founded. In a short time the detect- ive discovered evidence which would warrant an investigation. The husband was prostra- ted with this information and concluded that the proper thing to do was to file an affidavit before a Justice of the Peace, have a warrant issued and placed in the hands of a Constable with instructions to keep a watch upon the movements of his wife in his absence. On the evening of July 4th, 1890, the Constable, with several others, learned that the man who was charged with meeting the woman in the absence of her husband, had called upon her, and they went to his house and there learned that the object of their search was in the house. They secured an entrance by means of a night key which had been furnished to them by the husband, and the wife was discovered in her night robes in an embarassing condition. She was charged at once with having secreted in the house the man who had given the husband so much trouble. This she very indignantly de- nied, and said that there was no person in the house and requested that a search be made if they desired. The Constable very promptly 38 CANTON'S GREAT TRAGEDY. - made a search of the house, the wife pretending to aid him as much as possible, all the time pro- testing her innocence. When the Constable ap- proached the bath room he found the door was locked, he asked for a key and the woman said the bath room was not in use and that the key had been lost. He then ordered one of the men who had accompanied him to go to a hardware store and procure a key for the bath room door. At the same time he ordered another of his as- sistants to go to the neighbors near by and procure a screw driver. The result was that the woman weakened and she said that if they would not give her trouble that she would open the door. When the door was opened a Mr. George W. Althouse was found in the bath room in very scant attire so far as clothing was con- cernen. The woman was very much excited and Althouse made an effort to leave the house but wrs arrested by the officers and he promised that he would attend the Court at any time that the officers suggested, but that he did not want to be arrested and taken into custody. The matter was adjusted however, by Althouse depositing his watch and chain as security for his appearance before the Justice. The woman was also required to appear at the same time to a charge of adultery. The husband in the meantime at the instance of his friends con- cluded that he would meet the couple at the Barnett House on the following afternoon. They met at the place with friends. The CANTON'S GREAT TRAGEDY. 39 husband was very much grieved at the conduct of his wife, and while he had been very much devoted to her he concluded that he could not remain with her, and that the only thing to do was to procure a divorce, and it was arranged that he would go to Jersey City, N. J., take up his residence there, and in dne time procure the divorce. This was carried out and the divorce was granted some time after. Althouse con- tinued his attention upon the woman he had disgraced and in a short time after the divorce was granted they were married, and he engaged in business, and they appeared to live happily together until he met his death in a bicycle accident. Mr. Althouse was a man of good business qualifications, and had it not been for his untimely death Mrs. Althouse might have escaped the unfortunate notoriety which was afterwards caused by her associations with Mr. Saxton. Mrs. Althouse and Saxton seemed to be much attached to each other, and were often seen upon the street buggy riding or bicycle riding. This was all during the time that Mrs. George and Mr. Saxton were having trouble. They kept up their associations very much to the annoyance of Mrs. George. She was ex- tremely jealous of Mrs. Althouse, and en- deavored to break up their associations if it were possible. She was in the depths of de- spair and desparation. The sketch which has been given here of 40 CANTON'S GREAT TRAGEDY. Mrs. Althouse is for the reason that she has figured in this unfortunate tragedy so promi- nently, and her conduct in absenting herself at the time of the trial of Mrs. George was much commented upon. One evening while Saxton and Mrs. Alt- house were out riding on their bicycles, they were surprised to meet Mrs. George face to faee upon the street near the home of Mrs. Alt- house. Mrs. George was wild with rage; she drew a revolver and presented it to Saxton in a threatening manner and compelled him to leave Mrs. Althouse at once and accompany her to her home. She said that she would not stand by and see George Saxton go with other women when he had promised to marry her. She referred to his frequent promises to marry her immediately after the damage case brought by her husband had been settled, and she threatened that if he did not keep that promise she would kill him. “I will do it,” she said, “if I should hang the next day, and I know that I would not be blamed if the people knew how I have suffered at the hands of this man.” It was reported that Mrs. George had made threats of personal violence against Mrs. Althouse from time to time while Saxton was paying his attentions to her ; and Mrs. Althouse afterwards brought a proceeding against her before a Justice of the Peace to re- quire her to keep the peace. Upon the hearing of the case she was required to enter into a bond to keep the peace in the sum named in the CANTON'S GREAT TRAGEDY, 41 bond. The Justice, however, did not require her to furnish other security but released her on her own signature. Other prosecutions were talked of by other persons whom it was claimed she had threatened; women with whom Saxton had been seen. She watched all of his move- ments closely and was nearly distracted on ac- count of his conduct with others. She spent nearly her whole time in trying to prevent him from associating with other women, and when she could have the opportunity to speak to him she insisted that he marry her as he had agreed to do. He avoided her as much as possible and kept out of her way and seemed to care nothing at all for her. He had been in the habit of lead- ing a fast life, and it was a hard matter for him to give up his dissipation with others, although he had learned that Mrs. George had threatened his life if he did not cease his attentions to other women, and fulfill his promises to marry her. He had frequently been told by his friends that she had threatened him with personal injury and that she had threatened his life, but he did not seem to have any fear that she would carry out the threats she had made. It was now seven years since George Saxton had met Annie George. During the great part of that time they had wrangled and quarreled ; suits were pending nearly all the time between them, or suits in which they were interested, and which arose out of their association one way or the other. The constant turmoil and strife between 42 CANTON'S GREAT TRAGEDY. them began to tell upon Mrs. George's appear- ances and good looks. She had become thin in flesh, a pale and careworn look had taken the place of the bright and intelligent face which she had when she moved to Canton. She had lost the charming vivacity for which she had been noted in early life. Her beautiful head of waving black hair had become gray to some considerable extent, and in short she had changed perceptibly from what she was when she left Hanoverton and moved to Canton. Never was there a case which more fully demonstrated the frailty of human nature and the certainty of the downfall and ruination of a woman or a man who will give way to the blandishments of temptation. Had she been impervious to the assaults upon her honor by George D. Saxton, and been true to her former husband, her family and her home, she would be an ideal and cherished member of society to-day. She would have a happy home, surrounded by her husband and her two bright boys upon whom she had brought so much unhappiness and disgrace. In conversation with a gentle- man recently who was intimately acquainted with her when she left Hanoverton, he said, that when Annie George moved to Canton no woman had ever occupied a more respected position in society than she. That she was respected and beloved by all her neighbors and those with whom she was more intimately acquainted. CANTON'S GREAT TRAGEDY, 43 The contentions of this couple kept up a constant excitement and scandal among the friends on both sides. Society was thoroughly agitated with their troubles and quarrels. Saxton had many friends among the business men of the city, some of whom took sides with him, andothers condemned his actions with Mrs. George and his conduct with other women. The fact that he was so closely related to the President gave him a standing in society which he would not otherwise have had, and his friends ex hausted eyery means to keep his relations with Mrs. George a secret, but the several suits which had been brought, and the conduct of Mrs. George when she became con- vinced that she had been abandoned by him caused a wide spread notoriety of their af- fairs, and new reports were being constantly circulated, some of which were true and others not true. While Saxton no doubt was very much annoyed with the condition of things and with Mrs. George's difficulties, he talked but little upon the subject. He was a man who had very few real intimate friends, and very seldom spoke about his trouble to anyone ex- cept his confidential friends and his attorney, Mr. James J. Grant, who afterward assisted the Prosecuting Attorney upon the trial of Mrs. George for murder. On the other hand Mrs. George did not seem to have any person to whom she could go for advice and comfort except her attorneys. She was shrewd 44 CANTON'S GREAT TRAGEDY. and tactful, and in preparing her side of her several cases pending between her and Saxton she was of great service to her attorneys. Saxton had also depended upon her largely to assist him by her testimony in the damage case brought by her former husband against him. It was claimed by him that she would testify that he had not alienated her affections; that she had abandoned her husband because of his abuse of her and his failure to provide for her the ordinary necessaries of life. That he had abused her and in fact she claimed that at one time he had assaulted and struck her. Such testimony would have been very important upon the trial of the case, and when the rupture between her and Saxton came she was called into consultation by her husband's attorneys and she promised them to testify that Saxton had positively broken up her family relations. When Saxton learned that she had been in con- ference with her husband's attorneys, he at once realized the injury which she could do him in the case if she took the side of her husband. He then began to cast about to prevent this alliance, and through the help of others he pro- cured an interview with her. In a short time he was rewarded with the prospect of a recon- ciliation between them. It was an easy matter for him to renew his promises to her and to as- sure her of the love he had for her. He promised her that if she would stand by him in this litigation that he would renew his CANTON'S GRFAT TRAGEDY. 45 promise to marry her, and indeed went so far as to actually fix the time at which the marriage should take place. Mrs. George was wild with delight at the turn things had taken. She believed that he was now sincere in what he said, and the re- newal of the promise of marriage, and once again she was in his power as completely as it was possible for her to be. Such was the influence which this man exercised over Mrs. George. Their relations were now again renewed. She had taken up her residence on another street in the city, and Saxton could be seen going to and from her rooms at all times in the day, and night. She delighted in informing her friends of the reconciliation, she was again happy in all that the term implies. The careworn expression which had clouded her face; the pallor which had taken the place of her fresh rosy cheeks had disappeared, and she was herself again as completely, as if she had not suffered the untold agony which she experienced when she believed that she had been deserted by the man for whom she would have given everything she possessed in the world and for whom she had sacrificed so much. Little did she dream that his overtures of friendship, and the renewal of his expressions of love and confidence were made only for the purpose of having her serve him in the litiga- tion belween him and Sample C. Georg, her for- mer husband. He knew the influence he had 46 CANTON'S GREAT TRAGEDY. over her and his object was to control her, so that she could be used in furthering his own interest, without any regard for her welfare or her feel- ings, when she would afterward learn of his de- eption and fraud. It is hard to conceive of a disposition so devoid of principle and feeling; one who had so little re-gard for his promises or for the welfare of another who believed in him and depended upon what he had said. There can be no doubt that the motive that prompted George D. Saxton to seek a recon- cilliation was to aid him in getting rid of the litigation which had been dragging along for years between him and Mrs. George and her former husband. Whether it was suggested to him by his friends or was the result of his own scheme, is not known, but that the renewal of his pretended friendship for Mrs. George was for that purpose is quite clear from his conduct after the cases were dismissed. The replevin case was discontinued by Mrs. George without ever having come to a trial. She retained her property without satisfying the indebtedness which Saxton claimed from her. She said that she was not indebted to him, that the money which had been paid for her ex- penses in obtaining the divorce was in accord- ance with the agreement between her and Saxton; that he had agreed that if she would apply for a divorce from her husband that he would pay all the expenses. This claim is CANTON'S GREAT TRAGEDY. 47 corroborated by the correspondence between them while she was in Dakota. At any rate the case was dismissed and has not been heard of since. The breach of promise case was also settled about the same time. It was reported that he had paid her a small consideration in settlement of the case, the amount has not been made public. The case was dismissed however by her attorney. Also the case which had been brought by Mr. Saxton to enjoin her from her interference with his business and in her annoyance of him, was dismissed by him at his own costs, leaving but the one case unsettled. This was the action for damages for seduction, or the alienation case as it was called. Saxton dreaded this case more than any of the others. He was well to do financially; was collect- able, and any judgement rendered against him in the case could be collected, and his only re- lief lay in a successful defense or a compro- mise. After a great deal of parleying and negotiations, terms of settlement were agreed upon. As has been here before stated, his friends had taken an active interest in his behalf in this case, and especially the more intimate friends of the President, for the reason that they hoped thereby to avoid the unpleasant notoriety which the trial of the case would necessarily occasion. Indeed, the Judge and the officers of the Court advised a settlement for these reasons, and were all highly gratified 48 CANTON'S GREAT TRAGEDY. when thc settlement was consummated and the unpleasant and unfortunate litigation thereby terminated. In the settlement of this case, Saxton agreed to pay Sample George the sum of $1800,00 and the costs of the suit. This sum was accepted by him in satisfaction of his claim for damages and the case was dismissed. Now that the litigation between them was all out of the way, it was hoped that the unfortu- nate difficulties, which had seemed to follow them during all of their associations together, were at an end. Society had been kept in a constant state of agitation for several years, and they were congratulated on all sides that it was all over. Little was it thought that this settlement would be followed by the terrible tragedy so soon. While the seduction case was pending, and when it was expected that it would be as- signed for trial, a difficulty appeared in the way which caused the prosecution some un- easiness. It was learned that Mr. George had been paying attentions to a lady in Alliance, Ohio, where he had taken up his residence and was in fact engaged to be married, and that the attorneys for Saxton had been informed of this and would use it upon the trial. Such testimony would have been very damaging in Mrs. George's case in mitigation of damages ; it would have been argued that if he was to be married so soon, that he would not be entitled CANTON'S GREAT TRAGEDY. 49 to any great amount, as damages for being de- prived of the affections of his wife and of her society and services. This report and the fact that it had become known to Saxton and his attorneys, had much to do in the way of reducing the demand made in the negotia- tions for a settlement, and no doubt prompted the attorneys for Mr. George to accept the proposition made by the attorneys for Saxton. After the terms of settlement had been agreed upon, however, and after the money had been paid over and receipts had passed and the case had been finally dismissed, it was learned that Mr. George had been married for more than a year, and had taken up his home in Alliance some time previous. He had courted his wife and they were secretly married, and had kept the secret so well that not even his attorneys knew it. If it had become known to Saxton and his attorneys that George had been married, the case would not have been settled for a money consideration. THE TRAGEDY. CHAPTER VI. The day the murder was committed, Mr. Saxton was engaged in his ordinary business, and spending part of his time in his office. He met his acquaintances and friends as usual, and seemed to be very much pleased that he was rid of the seduction case. He had always been very much attached to his sisters, Mrs. McKinley and Mrs. Barber, and during the time this suit was pending, he constantly lamented the notoriety which it would neces- sarily cause on their account, and on account of the prominence of his sister, Mrs. McKinley, no doubt he was prompted to make a much better and more liberal proposition in the settlement than he would have made had it not been for that fact. He expressed himself during the day to his friends as being much pleased that he was through with the case. He was very jovial during the day. He visited several parts of the city upon his bi- cycle, where he had business interests to look after. CANTON'S GREAT TRAGEDY. 51 It is not known whether he met Mrs. George during the day or not. It has been said that he did meet her, and that they had a long conversation on one of the streets, but this has not been verified. A few days before the murder, he had a conversation with her just prior to the compromise of the case, but the terms of settlement had not then been agreed upon. It is said that she renewed her request, that he should marry her as soon as the case was settled. She reminded him of his promise to do so and insisted that he carry it out, but he did not give her any satisfaction on the subject, and it seems from what she has said since, that she did not expect that he would do so, from some remark that he had made during the conversation. Some time before this meeting, Mr. Saxton and Mrs. George took a trip to Pittsburg, where they re- mained a day or two. It was reported that they had met a gentleman there, who was to be a witness in the case, but the main object of that trip was to settle their law suits. From the time that they affected a reconcilia- ation until a day or two before the case was dismissed, he had led her to believe that he would marry her, as soon as the case was settled. It was also reported that she had in- timated that if he did not consummate the marriage, that she would seek an interview with her former husband with a view of affect- ing a reconciliation with him. She did not 52 CANTON'S GREAT TRAGEDY. know at that time, however, that her former husband had been married, and she did not know even that he was contemplating marriage. She afterwards learned that he had been married for more than a year. When she learned this, she seemed very much dis- heartened. This news she got the same day that Saxton told her that he could not carry out the marriage contract at that time. Some of her near friends say that when she got this news she was apparently heart broken. She talked but little upon the subject but was very despondent. It is claimed that she visited a friend of hers during the day and spent the greater part of the day with her. That she talked over all her troubles, and it is reported that she said to this friend that she did not believe that Saxton would marry her, and that if he did not do so that she did not know what to do nor what would become of her. She spoke of her unfortunate condition, the break- ing up of her family relations, that she was en- tirely out of money and had no prospect of any, that her reputation was gone and that she did not have any friends upon whom she could de- pend for support. She seemed entirely un- settled in her calculations for the future, and although she spoke in a despondent way about her condition and her future yet she did not speak harshly of Saxton or of any one else in particular. She could not believe that he had given her up, and yet she had no assurance that CANTON'S GREAT TRAGEDY. 53 he would not do so, in fact she had every reason to believe that he had entirely abandoned her. He had told her that day or perhaps the day before that he could not get married soon on ac- count of some business complications. Her whole desire seemed to be, from the time of the beginning of their unlawful relations until that time, the wife of George D. Saxton. She had frequently expressed herself in that way. It was this desire on her part that caused her to fall from the high position which she had occu- pied in society, and now she was ruined, and undone, without family, money or friends, her condition was truly a pitiful one, and she real- ized it to the fullest extent. It is not known to the public at this time how or where she spent the whole of the day before Saxton's death. She occupied rooms at the residence of a Mr. Oberlin on West Tuscarawas Street, and took her meals at the Star Restaurant near the Square. She had been seen on the street during the day but there was nothing unusual about her appearance or manner. She talked with her friends whom she met as usual. There is no doubt that Saxton had a pre- monition of his tragic death some time before it occurred. He had spoken of it to some of his intimate friends. While he did not seem to have any fear that Mrs. George would do him any personal violence, he spoke of a strange feeling which he had often experienced and pre- dicted that something unusual would happen to 54. CANTON'S GREAT TRAGEDY. him. He often spoke of this peculiar feeling. He had been warned from time to time by his friends that Mrs. George would do him personal injury, and that he should be careful and be on his guard, but he only laughed at any such suggestion and did not seem to have any fear of personal violence. THE MURDER. On Friday evening about six o'clock of October 7th a telephone message was received at the police station that George D. Saxton had been shot and killed instantly at the residence of Eva Althouse, No. 319 Lincoln Avenue. The wildest excitement prevailed in a few minutes. It was reported that he had been murdered by a woman dressed in black. The patrol wagon started at once for the scene of the tragedy with the turnkey of the police station, the city marshal and two or three police officers. They were joined on the way by Dr. E. D. Brant, one of Canton’s physicians. When they arrived at the Althouse residence there was a great crowd in the street and upon the sidewalks, and George D. Saxton was found on the sidewalk in front of this residence lying with his feet near the steps leading up to the porch. His face was upturned, his right arm was lying over his face as if to guard it from assault and his left arm was under his body. He was dead. The body was lifted to the patrol wagon and was taken to Shilling's CANTON'S GREAT TRAGEDY. 55. morgue and the Coroner was immediately notified. It was known that threats had been made against his life by Annie E. George, and this gave rise to a suspicion that she had taken his life. The police force started at once to make search for the woman dressed in black whom it was reported had done the shooting. In fact the officers undertook at once to locate Annie E. George. They visited the house in which she had rooms at No. 1516 West Tusca- rawas Street, and found that she was not at home. They learned that she had left her rooms at nine o’clock in the morning. At about five thirty o’clock in the evening it was learned that she had taken her supper at the Star Restaurant, and had started west on West Tuscarawas Street on a street car shortly afterward. That she had left the car at Hazlett Avenue, two blocks distant from the Althouse residence, about six o'clock. This street is also near Mrs. George's home, and after she left the car no one had seen her until some time later she had been seen up town upon the square near the Dannemiller Block. It was said that she was seen walking upon the sidewalk on Fifth Street, leisurely with her coat upon her arm. Mr. James Sterling has his law office in this block and she had been seen near the entrance to his office. He had been attorney for her in some of her previous litigation with Saxton, and it was thought that she had called upon him for consultation. 56 CANTON'S GREAT TRAGEDY. About 8:45 o'clock, being the time that she usually returned to her home when she had been up street, she appeared at the house where she had rooms, (the Oberlin residence) and officers who were in waiting for her placed her under arrest at once. She did not seem in the least excited; was cool and collected; and showed a willingness to go with the officers to the Police Station. When told by the officers that she was arrested on suspicion, and would be charged with the murder of George D. Saxton, she did not ask any questions but simply replied that she would go with them wherever it was necessary. She made no inquiry about the murder and referred to it in no way, and refused to ans- wer any questions that were put to her on the way to the station. Upon reaching the Police Station where the Prosecuting Attorney and a large crowd of citizens were in waiting, she was taken through the crowd into the waiting room and was there seated. Great ex- citement prevailed. Hundreds of people were upon the streets near the police stafion, anxious to know who had been arrested and when the hearing would take place. As soon as she had taken her seat, she asked the marshal the privilege of sending for an attorney, and said that she desired to have her lawyer present to look after her rights. For some reason, this request was denied her both by the Marshal and the Prose- THE SAXTON BLOCK. OWNED BY THE MURDERED MAN. CANTON'S GREAT TRAGEDY. 57 cuting Attorney, and the latter immediately commenced to question her. In answer to his first question she said, “Pardon me, sir, I will talk at the proper time. I do not care to ans- wer any questions in the absence of my At- torney.” Among the questions asked her by the Prosecuting Attorney were the following : “Mrs. George, you know why you are here, do you?” There was no answer. She did not seem excited, was cool and dignified, and while it was apparent that she would not talk or answer any questions the Prosecutor continued : “Did you go out on a street car this eve- ning about five o’clock ’’’ Again she made no reply. “I will say to you, Mrs. George,” the Prosecutor continued, “that if you had nothing to do with this case I do not want to detain you a minute ; all I want is the truth about this matter. Do you know that George Saxton is dead?” No answer. She did not seem to hear what he said. “It has been said, Mrs. George, that you threatened to kill Mr. Saxton ; is there any truth in that report 2" Still no answer was given, and the Prosecutor continued : “Why did you get off the car this evening at John Weiss’ corner and go across the lots º' No answer. 58 CANTON'S GREAT TRAGEDY. “Did you have any business out there at that time * Still no answer. “Why did you come up through the swamp to Tuscarawas Street just before you were arrested 2* No answer. “Where did you come from ?” She still refused to answer. “Now Mrs. George, if you know nothing about this, I want the officers to let you go. If you explain satisfactorily your whereabouts at six o'clock to-night, I will have the officers go out and verify it, and let you go within an hour.” To all of these questions she was silent and did not speak a word. The Prosecutor went On : “I notice there are a good many burs on your dress, where did they come from ?” Receiving no answer to this or any other questions, nothing further was asked. After going through this ordeal in the presence of the officers and the great crowd that had gathered in the police headquarters, Mrs. George was locked up in the woman’s depart- ment of the police station to remain until such time as was fixed for the preliminary exami- nation. Some time during the evening a re- porter of one of the Canton papers visited her, and had a brief conference with her in the prison. He said, “Circumstances are against you in this affair, Mrs. George, what have you CANTON'S GREAT TRAGEDY. 59 to say about it?” There was no response to this question. “Do you remember the threat,” continued the reporter, “the day after your little differ- ence with Mr. Saxton in the west end ?” Mrs. George nodded her head indicating that she did remember, but this was the only reply which she made to the question. “Has any one given you the particulars of the condition of Mr. Saxton's body, and the effect of the bullets?” asked the reporter, his idea being to arouse her curiosity. For the first time since her arrest there seemed to be a visible sign of emotion. She raised her eyes as if to make inquiry about something, but she re- gained her self control which characterized all her actions during the great strain under which she was laboring, and quickly dropped her eyes again and there was no reply. She was asked whether she intended to engage attorneys. She answered that she had asked that Mr. Sterling or Mr. Welty be called but that the request had been refused. “What kind of a defense can you make * was asked. To this there was no reply. Some time after this Dr. Maria Pontius, a lady physician of the city was called for the purpose of searching the prisoner. When she appeared at the police station she searched her thoroughly, but found nothing that would give rise to any suspicion that she had been guilty 60 CANTON'S GREAT TRAGEDY. of the awful deed. Dr. Pontius found burs on her dress as if she had been through a field. She also found that the forefinger and thumb of the right hand were somewhat discolored, and the search was carried to such an extent that some of the police officers thought they could detect the smell of burnt powder upon her hand. After the search had been made the crowd began to scatter and the excitement to pass away, and Mrs. Annie F. George spent her first night in a prison cell under suspicion of the murder of George D. Saxton. Some time during the next day, on Sat- urday, a formal complaint was made by At- torney James J. Grant, who filed an affidavit before a Justice of the Peace, charging Annie E. George with the willful, malicious and pre- meditated murder of George D. Saxton. It was the talk of the town. So much had been said about the conduct of these two people that they were known generally throughout the city. It was believed that Mrs. George had been very much wronged ; that she had secured a divorce from her husband with a promise on the part of Saxton that he would marry her, and that he had refused to do so. That for months she had been de- spondent and heart broken, and it seemed as if Saxton was blamed on all sides. People expressed themselves freely and fully upon the subject and the talk was general. During the day representatives from the great news- CANTON'S GREAT TRAGEDY. 61 papers throughout the country arrived in the city for the purpose of getting the news of the tragedy correctly from headquarters, and everything that had been said and the conduct of the principles in the case was written up and sent to their papers and ſpread broadcast over the land. On account of Saxton being the brother of the President's wife gave the case the greatest notoriety. Everybody seemed to sympathize with Mrs McKinley and the President. A dispatch was immediately sent to the President. It is said that there was a reception at the White House that even- ing, and that the House was filled with gaiety and festivities. When the President received the dispatch he was terribly shocked. He con- cluded to suppress the news from Mrs. McKinley, until the reception was over, and then to break the terrible news to her as quietly as possible. This he done. She was almost prostrated by the news, and while her brother had been somewhat wayward she had the deep and sincere love and affection for him that a true hearted woman would have for a brother. 62 CANTON'S GRFAT TRAGEDY. CHAPTER VII. On Monday morning, the time fixed for the preliminary examination, the "Squire's office was crowded with people. In the mean- time Mrs. George had procured Hon. John C. Welty of the law firm of Welty & Albaugh, and James Sterling, Fsq., as her Attorneys. They had been in consultation with her on Sat- urday and were ready to go into the examina- tion. She was arraigned. The charge was read to the fair prisoner, and in response when she was asked if she was guilty or not guilty, she firmly said, “Not guilty.” The State was represented by Atlee Pomerene, the Prosecut- ing Attorney, and the case proceeded. The first witness called by the state was Dr. E. D. Brant, the physician who went to the scene where the murder was committed with the police officers immediately after the news had been given by telephone. He testified that he had made an examination of the body as soon as he arrived and he found that life was extinct. That one ball had entered the abdominal cavity which was the cause of his death. That the wound was necessarily fatal. He gave evi- dence in detail of the several wounds and their effect, and said that in his judgment death was almost instantaneous. CANTON'S GREAT TRAGEDY. 63 S. C. Rittenhouse was the next witness. He was the motorman of the street car which Mrs. George had taken in going west on the night of the murder. He testified that he was not acquainted with her personally, but that he had seen a woman whom he was told was Mrs. George. That she had taken the car near the public square and had got off the car at Hazlett Ave., two blocks from Lincoln Ave, where the murder was committed. He said he thought she left the car about six o'clock. Henry J. Bederman is a carpenter who lives at 1809 West Third St. He is the witness whom it was reported had seen the mysterious woman in black, fire the fatal shots. His ex- amination was quite lengthy. He testified that he was close by when he heard shooting. That two shots were fired by the woman and she then walked away for a distance of about fifty feet. That the man who was shot had cried feebly for help and the woman stopped, returned and fired two more shots and then she walked away and disappeared in the darkness. After the shots were fired the witness said, he went to the place where the murdered man lay, and he found that it was George D. Saxton. It was too dark for him to see the features of the woman, but he was positive that she was tall and dressed in black. - On cross examination he said that he had often seen Saxton at Mrs. Althouse's residence. Officer Fred McCloud, who arrested Mrs. 64. CANTON'S GREAT TRAGEDY. George at the Oberlin home, where she had her rooms, testified that he was at the house when Mrs. George came home. That another officer was with him and that he walked up and said, “you are under arrest on suspicion.” That she did not ask any questions but said she would go with them to the station. He said that on the way they asked her many questions as to her whereabouts during the evening, but that she had refused to answer and maintained a dignified silence. He also said that he was positive he had smelled gun powder on her hand. This gave rise to some incredulous re- marks on the part of her Attorneys, and a general laugh was raised when one of the At- torney’s referred to them as a “smelling committee.” “The fact is her hand was dirty and Dr. Pontius scraped off the dirt 2" asked Attorney Welty. “And what was done with the scrapings?” It was put in an envelope. “Did you smell the package P” “No.” Further examination failed to develop any- thing that would indicate any guilt on the part of Mrs. George There was a spirited alter- cation between the Prosecutor and the At- torneys for the defense as to the whereabouts of the revolver, each charging the other with a knowledge of its whereabouts. Policeman Henry Piero gave testimony CANTON'S GREAT TRAGEDY, 65 similar to the officer who was with him at the time of the arrest, and the questions which had been asked Mrs. George on the way to Police head-quarters. Perry VanHorn, a reporter of the News Democrat was the next witness. He testified to a threat made by Mrs. George some months ago that she would kill axton and of the con- versation with her as is related heretofore. He was asked, “ did Mrs. George tell you on that occasion that she had often seen Mrs. Althouse and Saxton occupying her room in the Saxton Block?” - He answered, “Yes, she said that was the cause of the trouble at the Block.” The day having been consumed with this testimony the examination was adjourned until the next morning at 8:30 o'clock. - The first witness called was Harry Noble who was janitor at the Dannemiller Block, and he testified that Mrs. George came to the block about seven o’clock Friday evening and asked for Attorney Sterling. The street car con- ductor was also called and he identified Mrs. George as the woman who got off the car at Hazlett Avenue the night of the murder. After this witness left the stand the Prosecutor announced that no more testimony would be offered, and that he rested the case. Thereupon Eva Althouse was called as a witness to the defense. This created consider- able excitement as it was known that she had 36 CANTON'S GREAT TRAGEDY. figured very extensively in the affairs of Sax- ton and Mrs. George, and that she had always been at enmity with Mrs. George, and it could not be understood why she should be called as a witness on the part of the defense. Her testimony was offered however, and when she took the stand Mrs. George eyed her closely, and the expression was one of supreme con- tempt. The witness was exaimned by Mr. Welty and in answer to preliminary questions she stated, that she was unmarried and was the widow of George W. Althouse. That she had been previously married as has been heretofore stated. She was then asked: “How long have you known Mr. Saxton.” “Since I remember anything.” “Had you a personal acquaintance with him before Mr. Althouse’ death º “Yes, I talked with him, but did not visit him.” - “When did you visit him after your husband’s death?’” “The first time was at James J. Grant's office when I sold him some brick stock I owned.” “You saw him frequently after that?” “When I had business I called to see him.” “We are assuming it was all business,” blandly remarked the Attorney. “When you quit calling to see him on business, he started to call to see you, did he not?” - - CANTON'S GREAT TRAGEDY. 67 * - Yes. » “You live alone?” • * Yes. » “There is no one except yourself and visitors in the house?” - - No.” “During the past year Saxton called upon you almost daily?” & 4 Yes. 22 “And he took you bicycle and carriage riding, did`nt he?” “Yes.” “Did you go tandem or each have your own wheel?” “We each had our own wheel.” “On your return did you stop at his room or at your house?” “Always at my house. I never stopped at the Block cycept on business.” “As I said before we assume it was all business. Do you know where Mrs. George's room was in the block º’” “I know nothing about it.” “The living rooms of Saxton were next to his office were they not?” ‘‘I think so.” “Did Saxton have a key to your house?” “He had a pass key that fitted the front door.” “Did he frequently unlock the door?” “I have known of his going there to water 68 CANTON'S GREAT TRAGEDY. the plants and feed the birds when I was away.” “Were you at home at the time of the shooting 2" “No, I was at my mother's.” “When did you last see Saxton P’’ “On Monday evening before the shooting.” “Was he at your house all last Saturday night.” “No, he was not.” “When was the last time he was there all night ° “He was never there all night.” “How late did he remain º’’ ** He never 1 emained later than nine o'clock.” - - * Were you ever in Saxton's room all night º' “No, sir, I was not.” The Prosecuting Attorney objected to this line of testimony, claiming it had no bearing upon the case, and asked what they expected to prove by this kind of testimony. It was claimed by the defense that this testimony was all important to the defense, and that it would be made known to the Prosecutor in due time. That the conduct of Saxton in the case was of the greatest importance. I hat what he had done and what his relations were with this woman will be at issue until the close of the final trial. That it was very important to know what Saxton was doing at the door step CANTON'S GREAT TRAGEDY. 69 of Mrs. Althouse with a pass key that he could use at his pleasure, and that whether or not she was at home on the night of the murder, and her relations with Saxton, were all clearly com- petent it was claimed. The question was fully argued by Counsel on both sides and submitted to the Justice for a decision. The Justice im- mediately overruled the objection made by the Prosecuting Attorney and admitted the evidence of Mrs. Althouse. She was further asked : “Did you ever receive a letter from Mrs. George?” - “Yes, she told me what she would do if she saw me with Saxton again.” “Your relations with Saxton continued the same after the receipt of that letter, did they not P’’ “Yes, sir.” “She has not killed you yet or attempted to, has she?” “No, sir.” “Were you and Saxton ever engaged to be married ?” - ‘‘It had been talked of. He wanted to wait until a business matter was settled.” “He had proposed marriage to you?” “Yes, but I had not given him an answer.” “You were holding the matter under ad- visement, were you?” -- Yes. º - “Did Mrs. George ever talk to you when 70 CANTON'S GREAT TRAGEDY. she came around to your house * -- Yes. » “Was Saxton there * “No, sir.” “Was that the time he escaped out the back way ?” - “He never escaped out of the back way.” “What did she say ” “She said she would cut my heart out if she caught me with Saxton again.” “She dared me to come outside, calling me nearly every name in the English language.” “What were the names * “Please, is it necessary for me to tell them º' pleaded the witness, and the Attorney did not force the question. “What did you do the nigiit she saw you with Saxton, after you returned from a bicycle ride º' ‘’I dropped my wheel and ran, when I saw her.” “You and Saxton had both been drinking, had you not ?” “I beg your pardon, I had not.” “That was not the night, then * “No, nor no other night.” The testimony was here closed on both sides and the case was argued at length by the Attorneys. It was contended on the part of the defense, that there was no evidence on which the accused could be held, that the evidence did not justify even a suspicion that Mrs. CANTON'S GREAT TRAGEDY, 71 George had committed this murder ; while the Prosecutor claimed that the evidence was sufficient to bind her over to Court. The case was submitted to the Justice, who, after a careful consideration, rendered quite a lengthy decision. He reviewed the testimony fully, holding that the evidence was sufficient to bind her over to the Grand Jury, intimating at the same time while the evidence was not sufficient upon a trial to a jury, yet in a pre- liminary hearing it was not required to be as strong as upon trial to a jury. The decision was that she be remanded to jail of the County and there confined until discharged by due pro- cess of law. Mrs. George sat stolidly by during this try- ing ordeal without any apparent emotion, only at one time a tear was seen slowly coursing down her cheek, but she quickly regained her composure and began an interesting conversa- tion with her Attorneys, and afterward talked interestedly with one of her boys, who was present during all the time of the trial. He is a bright, handsome young boy, and seemed to be very much interested in the fate of his un- fortunate mother. Immediately after the decision Mrs. George was taken from the office of the Justice through the crowd down to the street. The sidewalk was crowded with people who were unable to gain admittance to the trial. She was the cynosure of all eyes as she passed 72 CANTON'S GREAT TRAGEDY. through on her way to the jail. Everyone tried to get a view of her face, and it was a trying ordeal for her to pass through, but she did not wince. While there was nothing brazen in her appearance, she was dignified, and with a determined look upon her face she passed through it all, and was taken to a cell in the County jail, where she remained from that time on until she was next brought before the Common Pleas Court, after an indictment had been found by the Grand Jury charging her with the murder in the first degree of George D. Saxton. CHAPTER VIII. President McKinley and Mrs. McKinley at- tended the funeral. They arrived in Canton on Sunday morning, accompanied by some of their immediate friends. They immediately went to the Barber residence where the body of George D. Saxton lay. Mrs. McKinley was visibly af. fected, almost prostrated in fact by the un- fortunate and untimely death of her brother. The President too was much affected. The funeral on Monday was private, it was only at- tended by the relatives and some of the most in- timate friends, and was a sad occasion. Every- EVA. D. ALTHOUSE, WHOSE ASSOCIATION WITH SAXTON CAUSED COMMENT. CANTON'S GREAT TRAGEDY. 73 body sympathized with Mrs. McKinley and the President. They keenly felt the unfortunate notoriety of the occasion. They remained in Canton until the next day, when they left for Chicago on a trip that had been previously contemplated. The will of George D. Saxton was afterward probated. The entire estate was left to the children of his sister Mrs. M. C. Barber, to whom he had always been very warmly at- tached. This will was dated April 11th, 1898. He had some time previous to the making of this will, made a will which left the income of the estate, only, to Mrs. Barber and Mrs. McKinley, but after the election of Major McKinley to the Presidency he made a new will and left the entire estate to the children of Mrs. Barber, as has been said heretofore. Saxton was very much attached to his sisters and to the children of Mrs. Barber. While they did not approve of a great deal of his conduet yet their relations were always the most cordial and that brotherly love which rises higher than the greatest defects in character, predominated, he was always very attentive to his sisters and af- fectionate to the children. The President has in no way taken any part in the prosecution of the supposed murderess of George D. Saxton, but has quietly permitted the law to take its course without any interference on his part in any way. He has shown no feel- ing in the matter but maintained a dignified 74. CANTON'S GREAT TRAGEDY. silence upon the subject, all of which is characteristic of him. It has been a matter of much speculation as to how it come that Saxton visited the residence of Mrs. Althouse on the evening of the murder, as it is known that she was not at home at that time and had not been for several days; that she was at her mother's home attending to her sick mother, and had been for several days. It is said that Saxton had a key to her house and that he was in the habit of going there in the evening to water the plants and to attend a canary bird, and it is supposed that he went there that evening for this purpose. While it is claimed by others that he went there in response to a decoy letter that he had received request- 1ng him to go to the house that evening at the request of Mrs. Althouse. This, however, is only heresay and it is hardly to be believed. He had not been seen by any of his immediate friends after he had taken his supper until the murder in front of Mrs. Althouse's residence. He visited the place on a bicycle and was about to step up on the porch when he met the woman in black and the shots were imme- diately fired. When Mrs. George was taken to the County Jail she was very much depressed for a short time. She occupied the apartment which was set aside for female prisoners. She was comfortably situated, the room was light and as cheerful as could be under the circumstances. CANTON'S GREAT TRAGEDY. 75 She had a good bed and a part of the time she had her meals furnished her from a restaurant near the jail. She spent her time mostly in needle work, reading novels and other general reading. A great many persons from curiosity called to see her but were refused admittance unless an order was given to them by her attorneys. She had been strictly advised to not talk with any person upon the subject of the murder, and to not talk at all unless it was an acquaintance who was particularly friendly to her. Her at- torneys kept a strict surveilance over her and were careful to see that no person could be per- mitted to talk to her unless they knew that such person had not been sent for the purpose of getting information from her for the use of the prosecution. Some time after her incarceration she seemed more cheerful than she had been for months before. She regained her health to some extent and seemed to enjoy herself in her confined quarters. Her attorneys visited her frequently in her room for consultation, and in conversation with them it was surprising to see the tact that she exhibited in the preparation of her case. She is a woman of remarkable intelligence and sound judgment. It was known that the Prosecuting Attorney was active in procuring testimony to present to the Grand Jury at the commencement of the January term of court, 76 CANTON'S GREAT TRAGEDY. at which time it was expected that the case would be presented to the Grand Jury. The term opened as usual and the Court in charging the Grand Jury as is the custom, and as the Statute requires, called the attention of the Jury expressly to this case. A number of witnesses had been summoned to appear before the Grand Jury in the case, and while the proceedings were kept strictly secret it was known that the case was under consideration and was being investigated. Mrs. George was very much interested during this time in what was going on. She could hardly hope that there would be no indictment found, for the reason that only one side of the prosecution would be presented to the Jury, and she hardly expected that they would fail to in- dict, however she still had hopes that they would not. Her attorneys were on the alert and while they did not know what was going on before the Grand Jury in detail, they had a general idea of the character of the testimony that was procured. After several days an indictment for murder in the first degree was presented, charging Mrs. Annie E. George with the willful, malicious and premeditated murder of George D. Saxton. As said before she was not surprised and neither were her attorneys, but by some means it had leaked out that the Prosecuting Attorney had a great deal of trouble to procure an indictment for murder in the first degree or to procure one CANTON'S GREAT TRAGEDY. 77 for any other degree. That some of the jury were opposed to an indictment and that it was found upon the bare statutory majority, which was twelve out of the fifteen members. But as such proceedings are required by the Statute to be kept secret even after the indictment has been returned, it was difficult to get the facts correctly or to learn what had actually been done while the case was under consideration. As soon as the indictment was returned, a copy was made and furnished to her attorneys in the case. It was carefully examined and preparations were made to raise all the questions which could be available so as to be in shape to present them to a higher Court if a conviction was had when the case was tried. A great number of questions were raised in the motion to quash the indictment, plea in abate- ment and demurrer which were filed in their order. All of these questions had to be disposed of by the Court before the accused could be called upon to enter her plea of not guilty to the charges. During the presentation and argu- ment of all these questions Mrs. George was brought to the Court room so as to be present during the proceedings. On all these occasions when she was brought to the Court room great crowds of people would gather, manifesting the most profound interest in what was going on. She would take her place at the counsel table beside her attorneys, always neatly dressed and 78 CANTON'S GREAT TRAGEDY. presenting a very good appearance. While she knew that the eyes of the crowd were upon her, and it was a trying ordeal for to pass through, yet she showed a great interest in all that was being done on her behalf by her attorneys, as well as the arguments made by the Prosecuting Attorney against her. She was modest in her demeanor, had a serious expression on her face, and seldom smiled no matter what the occasion might be. That public sentiment was very much in her favor there could be no doubt. Many who at- tended these hearings were outspoken in her favor, and in condemning the conduct of the victim of the tragedy. The questions presented at all these preliminary hearings were ably and exhaustively argued by her attorneys. Every point was carefully guarded and the rights of the accused amply protected on all sides. The Court decided however that the indictment was sufficient and overruled the motions and de- murrers. Mrs. George was then brought before the Court to enter her plea. The usual crowd had gathered and she had taken her seat by the side of her attorneys as she had at all times before, and after a few minutes conversation with them, the Court asked if the accused was ready to enter her plea. Being answered in the affirmative she was ordered by the Court to stand up. She arose and the Clerk read the indictment. After the reading of each count she was CAGTON'S GREAT TRAGEDY. 79 asked, “Are you guilty or not guilty?” She answered each time in a clear and distinct voice “Not guilty.” After the whole indictment had been read, and she had responded “not guilty” to each of the charges, she was told by the court to take her seat, which she did. She was not excited in this trying time, but presented a dignified de- meanor and seemed relieved when it was all over. After considerable parleying between the court and counsel on both sides, the time for the trial was fixed for April 4th, 1899, and a jury was ordered to be selected in the mode pre- scribed by the statute, and to be summoned to appear on the day fixed for the trial to CO111111ence. The jury selected consisted of thirty-six men from whom a jury of twelve were to be selected to try the case. CHAPTER IX. The attorneys on both sides now realized the great responsibility which they had as- sumed, and which was now upon them. They began the preparation of the case in earnest. Every phase was carefully considered, and plans were made to procure testimony and ar- range it in proper order for the trial. 80 CANTON'S GREAT TRAGEDY. It was apparent that the officers for the prosecution were laboring under disadvantage and were having trouble to connect Mrs. George with the murder. There was an abund- - ance of testimony to show that the murder had been committed; several persons had heard the reports of the revolver; the murdered man was found upon the sidewalk weltering in his blood; but no person had actually see nthe shooting nor the person who had done the shooting. - One witness could be procured, as the State - claimed, who would testify that he had seen a woman dressed in black in front of the Althouse residence where Saxton fell, that after the first two shots had been fired, she walked away several yards and then returned to where the body lay, and fired two more shots and dis- appeared in the dark. The attorneys for the defense were anxious to ascertain the truth of this report, and in a short time they learned who that witness was. Sometime before the trial, a policeman found a revolver under a culvert some distance from the scene of shooting. This created a great deal of excitement; the newspapers gave an account of the finding of the revolver, and the place where it was found, and claimed that it could be identified as the revolver which Mrs. George had purchased a year before in Chicago. A short time after this excitement had subsided, another revolver was found near the place where the murder was committed. This it was CANTON'S GREAT TRAGEDY. 81 claimed also belonged to Mrs. George. This revolver was found in a tuft of grass where it had been secreted, it was claimed, after the murder, by Mrs. George. This and other reports kept up a ferment of excitement until the trial began. The at- torneys for the defense applied to the court for an order to take the depositions of a number of witnesses at Canton, South Dakota; Sioux City, Iowa, and Detroit, Michigan. The divorce was procured at Canton, South Dakota, and testimony was taken there show- ing that Saxton and Mrs. George had been in that city for sometime, while that proceeding was pending and occupied rooms at a hotel. Also testimony was taken showing their con- duct toward each other, and that Saxton paid all the expenses including the costs of the divorce and the attorney fees. The testimony of the Goldberg Brothers was taken in Detroit, Michigan. They had occupied a room in the Saxton Block as a general store during nearly all the time the Georges occupied rooms in the block. One of the Goldberg brothers was present when Saxton and Mrs. George first met, and he testified that Mrs. George had come to their store to do some shopping. That Saxton was in the store, that he met Mrs. George there, and after she left the store he inquired of the witness who she was. He was told that she was Mrs. George. He seemed anxious to meet her, and said to the witness 82 CANTON'S GREAT TRAGEDY. that he would see more of her in the future, and that he would make her acquaintance, and gave the witness to understand that he was very much impressed with her madner. These depositions were taken and placed upon file, and the preparation of the case went on upon both sides. A few days before the trial, much excitement was caused by a report that Mrs. Althouse, an important witness for the State, had left the city and would not be present upon the trial. It was claimed that she was an important wit- ness on behalf of the State. That she had absented herself so as not to appear upon the trial. As heretofore stated, she had figured ex- tensively in the affairs of Mr. Saxton and Mrs. George, and it was stated that she would not appear as a witness, if it could be avoided. A summons had been issued for her by the prosecution and placed in the hands of the sheriff, but she could not be found. This created a great deal of comment; it was quietly charged by both sides, that she had been spirited away so that her testimony could not be had. There were no grounds for such charges on either side, because her testimony was wanted on both sides of the case. She evidently did not want to testify for the reason that her conduct had been such that she knew she would be subjected to severe criticism, especially by the attorneys for Mrs. George. The Prosecuting At- torney was somewhat censured for not having CANTON'S GREAT TRAGEDY. 83 a subpoena issued in time to procure service upon her before she left. This would have compelled her attendance. A great many wit- nesses were summoned by the defense, who had known Mrs. George for years, and who would testify to her good character for peace and good order. Quite a number were taken from Hanoverton, where Mrs. George was born and grew up. Also from Canton and other places where she had resided and was known. The case was now thoroughly prepared on both sides. Every item of testimony that could be procured was carefully gathered and placed in order for the trial. The attorneys on both sides were on the alert and were very active in the preparation of the case. The attorneys for the defense are able and experienced lawyers. Mr. Welty is de- cidedly the best criminal lawyer in the county. He had served six years as Prosecuting At- torney for Stark County and had a large and varied experience in the trial of criminal cases, and also of civil business. He is an indefatiga- ble worker and most successful at cross-examin- ation. He is an attorney of great ability, and his management of the case and his argument to the jury were looked forward to with much interest and expectation. Mr. Sterling is also a lawyer of much experience and ability, a good advocate and a thorough and tactful practi. tioner. Mrs. George had the utmost confidence in her attorneys, and she was of great assist- 84. CANTON'S GREAT TRAGEDY. ance to them on account of her good judgment and energy in preparing her case for trial. She claimed at all times that she was not guilty of the crime of murder, and that she would be ac- quitted, and looked forward to the verdict of the jury as a thorough vindication. Mr. Pomerene, the Prosecuting Attorney, was assisted by James J. Grant, who was ap- pointed by the Court for that purpose. They are both good lawyers and the interests of the State were well cared for upon the trial of the Case. & THE TRIAL CHAPTER X. As the day fixed for the trial approached, the excitement became more intense. Never had there been a criminal case tried in the county which awakened such an interest as the case of the State of Ohio against Annie E. George, charged with murder in the first degree. The relatives of the murdered man were among the most prominent people of the county. He was the only brother of President McKinley's wife, and while the President did not seem to take any interest whatever in the case, yet it was known that he was anxious that the case should be fairly tried and was sat. isfied to have the law take its course. The 4th day of April, the day fixed for the trial to commence, court opened with Judge Taylor on the Bench. Crowds of people had gathered in the corridors of the court house, anxious to gain admittance as soon as the court room would be opened. 86 CANTON'S GREAT TRAGEDY. At nine o'clock Judge Taylor took his seat upon the Bench and ordered the Sheriff to bring the prisoner into court. The court room filled at once with persons anxious to gain admit- tance, and the seats were soon occupied and standing room was at a premium. The prisoner was brought into Court and took a seat at the Counsel table by the side of her attorneys. She looked pale and careworn, and had an anxious expression on her face. She was neatly and tastefully dressed. She engaged in a brief conversation with her attorneys and then took a look over the vast audience, whose eyes were all riveted upon her. It was a strange scene. Usually in the trial of murder cases the prisoner is a vicious and dangerous looking person, but in this case the prisoner is not only handsome, but an innocent, harmless looking woman without the faintest expression of cruelty upon her face. She did not seem ex- cited, but rather looked as if she realized that she had an ordeal to go through, and that she was willing to do her part in the drama that was to be enacted. Counsel on both sides were present, sitting at their respective tables. The Court called the case of the State of Ohio against Annie E. George, and inquired if the parties were ready for trial, and the Counsel on both sides responded that they were. The work of empaneling the jury then began. This was exceedingly tedious. The case had become so notorious that men who were CANTON'S GREAT TRAGEDY. 87. called into the Jury box generally had heard and read of the case, and had formed and ex- pressed opinions as to the guilt or innocence of the accused, and that such opinions were so firmly fixed that it would require evidence to remove them; all such persons were challenged by the parties and excused by the Court. Four days were required to impannel the jury. At last twelve men were selected whom both parties seemed satisfied with, and upon whom the responsibility of the great case depended. During the time occupied in selecting the jury, from Tuesday morning until Friday afternoon, the court house was crowded with people eager to catch every word that was uttered by the Attorneys or the Court in the selection of the Jury. The accused was present and the eager- ness with which she watched the proceedings in the selection of the jury was remarkable. She was consulted at all times by her attorneys as to the qualifications of the men who were called as jurors to decide her fate, and her judge- ment was valuable to her attorneys. She seemed possessed of remarkable tact in the se- lection of the jury on account of the qualifica- tion which she possessed to judge human nature. Each person called as a juror was sworn first to answer the questions submitted to them as to their qualification; upwards of one hundred and twenty-five were thus called before the jury was completed. The State at an early stage of the case ex- 88 CANTON'S GREAT TRAGEDY. hausted its two peremptory challenges, the defense had sixteen peremptory challenges as provided by the Statute. When a person was called who was not acceptable to the defense the juror was challenged if possible for cause, but if they were qualified by their examination they were then challenged peremptorily by the defense. On Friday afternoon at about 3:30 o'clock, Joseph Ball was called, the panel was then full. The State made an effort to get rid of this juror by a challenge for cause, but the challenge was over-ruled by the Court and the defense was then asked if they were satisfied with the jury, and they promptly answered that they were, and the jury was complete. The defense then had eight peremptory challenges left which they could have used if necessary. It was a subject of general remark that the jury selected was composed of good men; they were generally men of business qualifications, who had experience in the every day affairs of life, and were regarded as well qualified to decide the grave issue between the State of Ohio and the prisoner at the bar. The jury was sworn by the Clerk, and the Court directed the Prosecuting Attorney to state the case on behalf of the State to the jury. Mr. Pomerene, the Prosecuting Attorney, immediately arose and addressed the Jury: “Gentlemen of the Jury,” the Prosecutor said, “this indictment charges Annie E. George WHERE SAxton Resided. RESIDENCE OF HIS SISTER, MRS. M. C. BARBER. CANTON'S GREAT TRAGEDY. 89 with murder in the first degree.” He then read the indictment to the Jury and in describing the wounds he said; “there were four wounds in Saxton's body, the one struck him about the middle of the chest and took an upward course to the shoulder blade, grazing the skin for a distance of five or six inches, then entering under the skin and coming out just on the shoulder; that was not a fatal wound; the second wound entered the right chest near the nipple, entering into the fleshy part of the body, and made a wound of perhaps two or two and a half inches in length, the bullet did not enter the vital parts and that wound was not fatal; there were two other wounds, one on the left side (I may not give you the exact point of this wound) but it entered between the ribs and down through the vital organs, cut through the end of the stomach and through the smaller intestines, probably making four different wounds through the smaller intestines. I think the testimony will show to you that that wound was fatal, but not immediately fatal. The fourth wound was made by a bullet enter- ing the left side, went through some of the intestines and cut off one of the larger arteries, which was perhaps about the size of a lead pencil, and that wound caused almost im- mediate death, so that he bled to such an extent that at the autopsy the entire ab- dominal cavity was filled with blood. So much for the condition of the body as it was shown 90 CANTON'S GREAT TRAGEDY. by the post mortem examination.” “The testimony will show you that this crime was committed on Lincoln Avenue in this city on the night of the 7th of October last, a very few minutes after 6 o'clock. In order that you may understand what I may say as to the location of the place where the murder was committed, I have a plat by the County Surveyor, which will assist us in the investiga- tion. At the point where Lincoln Avenue inter- sects with West Third street is an electric arc light, which was burning at the time of the murder; on the south-west corner of the inter- section of West Third street with Lincoln avenue is a residence, a property known as the Glick home.” The prosecutor then gave the location of the Althouse residence, and other objects of interest in the immediate vicinity in detail and then continued: “We expect to show you, gentlemen of the jury, that on the night of the tragedy, about twenty minutes past five o'clock, the defendant left the restaurant where she had taken her supper, and went west on Tuscara was street. That George D. Saxton, about the same time, went westwardly on his wheel; the two were on that street at the same time. We expect to show you that on this very night at about that time the defendant was on the hunt for her victim. She got on the street car westward bound about ten or fifteen minutes before the CANTON'S GREAT TRAGEDY. 91 hour of six. She passed the place where she lived or where she had rooms, known as the Oberlin house, which is the first house on the south side of Tuscarawas street, west of the bridge.” She did not stop there, but went across the bridge and got off the car at Hazlett Avenue. The testimony will show that as she got off the car she went in the direction of the Alt- house residence, when she got to the place the people were generally at their evening meal; the first thing to disturb the quiet was the quick report, twice in succession, of a revolver. The testimony will show you that Saxton got off his wheel right there in front of the Alt- house residence; that this woman approached him and fired twice almost as quick as you could count. After she had fired two shots she started away. There was a call as if for help. She turned around, walked deliberately back to Saxton's body, and fired two more shots She was not content yet, There was a moan; she went back, stooped down over the body to satisfy herself that it was beyond mortal help, and then she ran away. She went down the sidwalk to one of the vacant lots, the second one south of the Althouse residence.” “There is a cross walk over this vacant lot to the alley, and it was across this walk that she disappeared in the darkness. Within a few minutes after the firing a report was sent to po- lice headquarters and search was begun, but the 92 UANTON'S GREAT TRAGEDY. woman was not then about her usual haunts. The testimony will convince you that she took perhaps the course down Deuber Avenue to South street, up South street, and the next thing that is seen of her after leaving that street, she appears at Mr. Sterling's office. This is within an hour after the crime was com- mitted. She then took a course along Fifth street, finally she went into Tuscarawas street in the direction of her home, which was at that time at the Oberlin residence. The officers were in waiting there for her. They approached her and she was put under arrest, but not a word was uttered by her. She did not ask what she was arrested for, nor anything else. At the time she was laboring under suppressed excite- ment, and she was perspiring freely. She was then taken to the city prison.” “On the way to the prison, different questions were asked her but she made no re- ply. She went to the prison and was there in- quired of by myself.” “I will not detail the questions which were asked, but I think the testimony will show that the questions were asked in no unkind spirit, but for the purpose only of eliciting the truth. There was no reply, except perhaps to one question, in which she said she would talk when the time come. It was noticed that eve- ning that her right hand was discolored by burned powder, the forefinger and the thumb particularly; that the conduct of this woman CANTON'S GREAT TRAGEDY. 93 from the time that the crime was committed was that of a woman who was conscious of her guilt. The testimony will further show as leading up to the tradegy, that for a couple of years prior to it and right up to the very day that this offense was committed, and on the day that she killed Saxton, that she repeatedly threatened that she would kill him. There will be no question when the proof is in, that this is the woman who done the deed. That she had thoroughly canvassed the situation; that she had adroitly laid her plans to do it; that she laid these plans before different persons, that she did not care what the conse- quences were to herself, but that she was de- termined to kill this man; that she went even into details as to what she would do with the revolver after the crime was committed; that there was deliberation, premeditation, that there was malice, and there will be no doubt in your minds, when you have heard this case. A malice not born of legitimate disappointment, but it is malice that can only lurk in the bosom of an adventuress.” - “It will be contended on the part of the de- fense, no doubt, that improper relations existed between Saxton and the prisoner. I care not what the testimony will be on that point, suffice it to say that the position of the State is that whatever may have occured there was no justi- fication for this crime; there was not even a legitimate provocation.” 94. CANTON'S GREAT TRAGEDY. “The testimony will show further, and I recognize that the State will be handicapped somewhat by the fact that one of the parties to the tradegy is silent in his grave. The testimony will show, I think, to your satis- faction, that whatever may have been their relations, that this woman by her conduct for- feited every confidence which he, or any other living man could have in a woman.” CHAPTER XI. After this statement had been concluded Court adjourned until Saturday morning, and the prisoner was again taken to her cell. She had given the closest attention to the state- ment made by the Prosecuting Attorney, and at times exhibited considerable feeling. On Saturday morning, at 8:30 o'clock, Court opened as usual and the jury-men took their places in the jury box. The Court then directed the Counsel for the defense to make the opening statement. Mr. Welty arose deliberately and addressed the jury; the statement of facts as detailed by CANTON'S GREAT TRAGEDY. 95 him were very interesting. The great crowd in the Court room listened to every word as it fell from the lips of the attorney. It was a talk of surpassing interest told in connected form as a plain recital of facts. There was no pretense at oratory; no appeal for approval. It was like a prelude to a drama and did not reveal as much as a hint of the actual line of defense. Mrs. George understood the importance of the moment; she moved forward in her chair and rested her head against her hand which held a handkerchief. Her two boys sat near her during the statement which told of their mother's shame. The prisoner was overcome by emotion as the story told in chronological order of her connections with Saxton and her downfall. The attorney said that she was born and raised in an adjoining County. She was of humble, but honest parentage; she lived in the little town of Hanoverton. There she married Sample C. George, and three children were born to them. That they had a pleasant home until 1885. Mrs. George at that time was about twenty-six years of age. Then they moved to Canton with a view of bettering their con- dition. They brought with them their two boys and moved into the Saxton Block. Mrs. George prior to this time, had never been so far from home. She had lived her entire life up to that time in the little village of Hanoverton, and she came to Canton an upright and a virtuous woman. 96 CANTON'S GREAT TRAGEDY. One day she was shopping in the Goldberg store and she met George D. Saxton. That was a fatal day for her. On that day Saxton got sight of her and marked her for his own. Saxton was the proprietor of the block in which they moved. He had lived in this city all his life time; he had had every advantage that wealth, power and influence could give him; he was no novice in the business which he afterward followed with this defendant. As the landlord, he called upon Mr. and Mrs. George. He visited her family from time to time; no one mis- trusted what his object was. Mrs. George had had no experience in the ways of the world in which Saxton was an expert. He visited their rooms frequently from time to time during the years 1886 and 1887. Gradually he portrayed to Mrs. George the humble position which she occupied, and repre- sented to her that she was fitted for a higher and better position; that she was not only too good to be the wife of an humble carpenter, but that she should be the wife of the proprie- tor of the block. Not only had he represented to Mrs. George that she was fitted for other spheres, but he was persistent in his efforts, and as an evidence of this he commenced to seek her affections by giving her presents, little trifling affairs at first, which were scornfully refused by the accused. He was not daunted, but he continued, and so persistent were his efforts, that Mrs. George advised her husband to move CANTON'S GREAT TRAGEDY. 97. from the block. They did so, but he continned to visit them in their new home. His advance- ments continued until in 1889, and through his continued efforts, Mrs. George unfortunately consented to the alliance. After he had ruined her, he then secured a separation from her husband and family. With his own money he paid the expenses of a divorce from her husband; he sent her to South Dakota and kept her there until she procured a divoree. All this was done on the pretext that she should become his wife. He had sincerely promised, that as soon as the divorce was ob- tained, he would marry her. He remained with her part of the time in Dakota. After the divorce was granted, she re- turned home and took rooms in the Saxton Block again. Saxton had now won her love and affections. “I say to you in the light of the testimony that will appear, that from that time until the day he died, he had the affections of Mrs. George, exclusively. She was willing to do his bidding at all times. She was but putty in his hands.” After she moved into the Saxton block he supported her; they, in fact, lived together. It was not long, however, until he began to tire of her. She noticed a change in his disposition; she began to realize the true inwardness of his intrigues. She began to suspect that his pre- tended love was but for the single purpose of 98 CANTON'S GREAT TRAGEDY. obtaining possession of her; she grieved over this. In a short time she was convinced of the reality. Litigation began between Mrs. George and Saxton; her whole purpose was to become his wife. She now realized that that could never be. We claim that the testimony will show, that after accomplishing the ruin- ation of the family, and the separation of the family and the divorcement of the wife, he afterwards turned upon her, turned her out of house and home, and she was bereft of husband, home and family, and was an outcast in the world. She brought an action against him for a violation of his promise of marriage in this court, which was pending until 1896. Other litigation was begun by the former husband against Saxton for the alienation of his wife's affections. Saxton appreciated the necessity of the friendship of Mrs. George in these cases. He knew that she would be an important witness for him, and he sought a reconcilliation with her, and used her for his purposes in that behalf until the cases were finally settled; then he again cast her off and refused to perform his part in the marriage contract. “I say to you, in the light of what I believe the testimony will show, not only did Mrs. George never commit a crime against George Saxton, but her heart was always warm for him, and that he possessed her undivided love and affection. I can say, gentlemen of the jury, Mrs. George is CANTON'S GREAT TRAGEDY, 99. not guilty of the crime, and when you hear the proof that will be offered in her behalf, you will come to the same conclusion.” During this statement, it could be seen that the entire audience was in close sympathy with the accused; in fact, at times there could be seen and heard a disposition almost on the part of the audience to applaud, when points were made in the statement favorable to the accused. The best of order though was maintained throughout, and after the statement was finished the court ordered the attorneys for the prosecution to call their first witness. John S. Hoover took the stand. He testified that he had made a survey of the premises where the murder had been com- mitted, and he gave in detail the distances, the location of certain houses where it was claimed persons had heard the report of the revolver, and a plate was produced which he had made and which was offered in evidence, but on ac- count of its not being correct, it was excluded by the court. The Prosecuting Attorney then moved that the court permit the jury to view the premises, where the murder had taken place. Mrs. George, with the Deputy Sheriff, ac- companied them in a carriage. She remained in the carriage while the jury viewed the premises. She seemed to be very much inter- ested in what was going on, and after they had viewed the premises they returned to court. - 100 CANTON'S GREAT TRAGEDY. and the court them adjourned until ten o'clock Monday morning. - Sunday was a day of rest for Mrs. George, the excitement of the week had tired her some- what, but her remarkable spirit did not permit her to lose interest under the trying circumstances. As a matter of fact, there was but once during the week that her nerves were tried to their most severe tension, and that was during the opening statement of the case for the State. She was also very much affected, but in an en- tirely different way, by the statement made by her attorney, so when Sunday came it found her needful of the rest that had been denied her during the week. She was visited by a few friends in the jail on Sunday with whom she entered into conversation in a cheerful way, and the day was passed almost before she realized that she was much in need of rest. She did not discuss her case with her visitors, but talked freely on other general matters of interest. During the day a New York Herald corre- spondent called to see Mrs. George by per- mission of her attorneys, and in conversation with her, she said she had spent the day as pleasantly as could be expected. “Unfortun- ately,” she said “religious services are held here only once a fortnight, and this is an off- day. I enjoy the Bible reading, the singing and the spiritual conversation very much. To-day CANTON'S GREAT TRAGEDY, 101 I had my two precious boys, Howard and New- ton, with me during the morning, and we spent several hours reading the Bible and praying together, They are a great consolation to me, and help me bear up under my terrible burden and trouble. This afternoon I refused to see many callers, but I did receive an old school teacher to whom I went to school twenty-seven years ago, when I was fourteen years old. His name is James Hudson, and he was a good friend as well as preceptor. His words of good cheer have been very pleasant to me. You ask me about my pastor ; that has been a subject of sorrow to me; I have been a member of the Church of Christ of Canton. The pastor has evidently accepted the horrible charge against me as true, and has placed me beyond the pale of Christianity.” “He is Rev. Clarence A. Hill, and I have waited in vain for him to come to see me. I have always thought him a true follower of the Master, but he seems to have shunned me, even me the humblest of his flock, and the one in the most dire need of the help which can only come from Him whom we all worship. Perhaps my name has been erased from the church rolls, but as I read the Bible that does not make my case hopeless. It makes me sad to know that those who have expressed the greatest charity for me have been those who knew me not in the Church.” Monday morning court opened at ten 102 CANTON'S GREAT TRAGEDY. o'clock. The jury were all present and took their places in the jury box. Mrs. George appeared, very tastefully dressed and looked as if she had been much refreshed by her rest on Sunday. The first witness called was Charles R. Frazier, the Humane officer of the City. He testified that he was at the Police Station when the telephone message came that Saxton had been killed. He went with the officers in the patrol wagon to the scene of the murder. That he knew Saxton very well in his life time. “When we got to the Althouse residence on Lincoln Avenue, we found a body near the side walk. The body was lying in a doubled up position; one foot was on the step, and the other upon the grass. The body was not lying full length upon the walk but the right arm was at full length. The left hand was turned toward the face, the head was close to the outer edge of the walk. We lifted the body up but he was dead. Word was sent to Mr. M. C. Barber, a brother-in-law of Saxton, for directions where the body should be taken. His bicycle was standing at the curb, and it was taken across the street and left there to be called for later.” The witness described minutely the position of the body, and on cross examination said that only eight minutes elapsed from the time that the telephone message had been received until they arrived on the scene of the murder. He also described the wounds upon the body; that a bullet had been found when the CANTON'S GREAT TRAGEDY. 103 shirt front was opened, “The night was very dark, and I do not know whether it was raining, I do not know whether it was foggy or not, but it was very dark.” Mr. Frazier's testimony was very important to the defense because it was claimed by the State that Mrs. George would be identified by persons who claimed to know her, and who would testify that they had seen her do the shooting. Dr. E. D. Brant was called as a witness. He had accompanied Mr. Frazier and the officers on the patrol wagon to the scene of the murder. He described the position of the body, he said there were about fifty people on the sidewalk when he arrived; he saw two bullet marks and found a bullet loose on the breast; the bullet was here produced by the Doctor. A piece of the shirt clung to the bullet, that had been in his possession since that night. The bullet had struck a suspender buckle and the buckle was broken in a number of pieces. He testified that he had made an examination and found the man dead, the body was in a relaxed condition and was still very warm ; he thought he had been dead six or eight minutes before he arrived. He said the body was taken to the morgue and prepared for the post mortem examination. A description of the wounds was given; there were four wounds but only three of the bullets were found. The first two wounds were merely superficial, the third wound was a very danger- ous one, but the victim might have lived for 104. CANTON'S GREAT TRAGEDY. some time. The fourth was fatal and would pro- duce death in from three to five minutes. An ex- amination of the vital organs showed that they were in a normal condition. Dr. Brant testified that death was due to gun shot wounds entering near the umbilicus and tearing its way through the abdominal cavity, which cavity was filled with blood. Other physicians assisted in the post mortem examination. Here the Prosecutor introduced the clothes that Saxton wore on the night of the shooting. The vest was closely examined; it was a black vest and somewhat worn. * There are more holes in the vest now than there were then, one of these holes seems to have a discoloration around it, which was caused by the fire from the revolver.” The coat was also shown to witness, and a powder marked bullet hole was found in it, the coat was soiled and considerably worn. A little flower, dried but yet remarkably well preserved was still in the lapel of the coat. The suspenders and the shirt were also shown to witness who identified them fully. On cross examination the Doctor testified that he did not know in what order the shots had been fired, that the fourth wound as described by him was the one which caused death. The bullet which caused that wound had not been found. He again described the post mortem examination at some length and the re- sult of that examination. That a satchel was ANNIE. E. GeoRGE's CELL IN THE County JAIL. CANTON'S GREAT TRAGEDY. 105 found nearby the body, and that it contained a bottle of champagne, and that there were several cigars in his vest pocket. That the first two wounds could not have caused death; they could only have contributed to the shock. He would not say that the third wound would not have caused death. Death might have followed in a few minutes and he might have survived twenty-four hours. The fourth wound was necessarily fatal in three or four minutes. Dr. A. B. Walker, Dr. A. C. Brant and Dr. Gans of Massillon, who had been present at the post mortem examination also testified; their testimony however, was substantially the same as that of Dr. E. D. Brant. - Dr. McQuate, the County Coroner, was next called as a witness. He testified that he was as- sisted in the post mortem examinations by the Doctors whose names have been heretofore given. The clothing taken from the body of Saxton the night of the tragedy was identified by the witness, who said that the clothing had been kept in a vault in the County Treasurer’s office since the night of the murder. There was some controversy about the vest ; it seemed as though the vest had more bullet holes in it than it had the night of the murder, and the de- fense objected when the prosecution offered the vest in evidence. After considerable argument the court ruled that the vest should be excluded from the evidence. Frank M. Wyant was next called. He is en- 106 CANTON'S GREAT TRAGEDY. gaged with the Wrought Iron Bridge Company. He said he had seen Mrs. George pass on West Tuscarawas street at 5:30 o'clock, going west. That she was dressed in black and carried a black cape. In cross examination he said that he had not noticed the color of her hat, and that he did not notice anything unusual in her appear- ance. The witness identified the photograph of Saxton, which had been taken some time before the murder. E. J. Landor, chief engineer of the Wrought Iron Bridge Company, was examined. About 5:45 o'clock on the evening of the tradegy he left a west-bound car at High street. A woman dressed in black got on the car as he left. He did know the woman and could not give a description of her. His attention was called to this fact by the conductor of the car the next morning. - Another witness, a street car conductor, testified that he had seen Mrs. George on his car some time after it left the square. That he knew her, that she wore a sailor hat, but he did not know how she was dressed, but said, how- ever, that she was not dressed in black. That she had got off the car west of the bridge at Hazlett Avenue (this is within one block of the scene of the murder), about six o'clock. William Choffin testified that he saw George D. Saxton on the evening of October 7th between half past five and six o'clock, when he crossed Market street from the Saxton Block. CANTON'S GREAT TRAGEDY. 107 He entered the south door of the Saxton Block and took his bicycle and rode north on Market street. J. A. Shanafelt said that on the evening of October 7th, he left the office where he done business about fifteen minutes past five o'clock, and went home riding on a car. He saw Mrs. George on the car, and he thought she had got on the car at the square. She remained on the car until it reached Hazlett Avenue, about six o'clock. He thought she was dressed in black, and that she carried a black wrap. After supper he came up town and saw a woman he believed to be Mrs. George. She was in front of the First Presbyterian Church, and was in the charge of officers at that time. Court here adjourned until half-past eight o'clock. CHAPTER XII. On Tuesday morning testimony was offered by the State, as to the conduct of Mrs. George after her arrest. The State attempted to prove that she had been interrogated by the officers, and that she refused to answer any and all questions, which had been propounded to her in reference to the murder, and what she knew - - 108 CANTON'S GREAT TRAGEDY. about it. This testimony was objected to by the attorneys for the defense. It was claimed by the attorneys for the prosecution that the conduct and appearance of the accused, and her refusal to answer questions was indicative of guilt, and could be shown for that purpose, and authorities were cited, holding that silence under certain circumstances is equivalent to confession. The defense took the position that a person in prison or in charge of officers was under duress and restraint, and therefore their actions, appearance, conversation or silence were not admissable in the trial. This question was thoroughly argued by the attorneys, and the court, after due consideration, excluded all this class of testimony, and refused to permit it to be given to the jury. Jesse C. Taylor was then called and testified that he was an employee of the Street Railway Company, that on the night of the tragedy he was riding to the car sheds, that Mrs. George got on the car at High street; the car left the square about five forty-five o'clock; there were few stops made by the car on the way west. That Mrs. George had on a dark dress and a light sailor hat, and that she carried a dark colored cape. He afterwards saw her opposite Holwick's Shoe Store some distance east of the Oberlin residence, where she had rooms, about five minutes before her arrest. Charles Rittenhouse, a motorman on the street car line said: On the evening of the CANTON'S GREAT TRAGEDY. 109 - - 7th of October he was on duty on the Tusca: rawas street line, that his car left the square as near as he could tell about five forty-five o’clock. A woman got on at High street. She was dressed in dark and wore a light sailor hat. She remained on the car till it reached Hazlett Avenue, which was about five fifty-five o’clock. There was no signal to stop the car between the Valley crossing and Hazlett Avenue. At that place a man and a woman got off. He did not know Mrs. George. He did not notice which way the woman went after getting off the car on the north side of the street. At this point Judge McCarty was called as a witness. He is one of the judges of the court, and had sometime before this granted an injunc- tion restraining Mrs. George from visiting the Saxton Block, or in any way annoying or inter- fering with George D. Saxton. That this in- junction was still in full force, and that on the night of October 7th, Mrs. George called at his residence about five thirty-five o’clock, and she said, “Judge, I called to see you if I may not go to the Saxton Block and see Mr. Saxton 2'' I told her the injunction against her going there was in full force, that she ought not to go. She said “Saxton promised to have that injunction dissolved.” I said, “I know nothing about that.” She then said, “That is like some of his other promises.” She said that she was anxious to see Saxton, and that he advised that she send a note asking for a meeting. She did 110 CANTON'S GREAT TRAGEDY. not know whether he would meet her or not, and asked if she could go to his house to see him. “I said,” continued the Judge, “now Mrs. George, you had better leave Saxton alone.” She then said. “I will not go, I do not want to disobey any of the rules of the court.” Then she left and I returned to supper. Cross examination, “Did you observe any thing as to her manner P’’ I can only say that I did not notice anything unusual. I had never talked to her but once before, and was not ac- quainted with her manner.” M. J. Hogan testified that he lived at No. 216 Lincoln Avenue, and that his residence is but a short distance from the scene of the murder. That he had heard three or four shots on the evening of October 7th, in a direction north of his home, the first two were in quick succession and then there was a brief interval; this was six ten o’clock. He fixed the time by having noticed the clock in front of him. Harry Noble said that he was elevator man and janitor of the Dannemiller Block, which is a building on the public square, and where Mr. Sterling has his office, that his wife assisted him in the work. That he knew Mrs. George, that she came to the building about seven o’clock the night of the murder. That Mrs. George took the elevator and said she wanted to go to Mr. Sterling's office. She went to his office and tried the door and it was CANTON'S GREAT TRAGEDY. 111 locked. She then returned and went down the elevator, and afterward he saw Mrs. George on West Fifth Street opposite the jail, that Mrs. George had on a dark dress, and a light hat, and carried a cape on her arm. Henry J. Piero was examined. He was a policeman and knew Saxton very well. On the evening of the murder he was on West Tusca- rawas Street, that he heard of the tragedy about fifteen minutes after it happened. He started west, met the patrol wagon and went to the scene of the murder; the night was an ordinarily light one. He reached the place about six thirty o'clock. He searched about the vacant lots in the vicinity of the murder to find the person who had committed the crime. That he went to the Oberlin House about seven o’clock, where Mrs. George had rooms; he asked for Mrs. George, and went to her room with another officer and Mrs. Oberlin, and looked through the rooms. He visited several other places and returned to the Ober- lin House; other officers were there at the same time. Soon afterward Mrs. George approached from the east on the sidewalk. She spoke to Mrs. Oberlin and went into the house at the side entrance. The officers all followed into the house, and Mrs. George was told that she was under arrest on suspicion, and would have to go with them. She said, “I will go.” Here an effort was made to introduce the questions asked Mrs. George by these officers, 112 CANTON'S GREAT TRAGEDY. and her refusal to answer the questions, by the prosecution, and after the argument as heretofore referred to, the court excluded this class of testimony. The court remarked, in passing upon this question, that the law of Ohio allowed the ac- cused to go on the stand in her own behalf, but if she did not do so it was not to be re- garded as prejudicial to her. It was equally true that officers were not to be permitted to constitute themselves a trial court, put the ac- cused on the rack and force him or her to tell why they did not do this or did not do that. It could not be done in an improvised, self-consti- tuted court of policemen opened on a street car or a street corner. It did not appear to the court that such was the law, and the objection was sustained and all of the testimony which the State relied on, as to the silence of Mrs. George when she was questioned by the officers was excluded. - Piero then testified further that after they had arrived at police headquarterſ: Dr. Maria Pontius was sent for to search Mrs. George. The officer testified that she was taken in a room and in the presence of three officers she was searched by Dr. Pontius. Part of her clothing was removed but nothing damaging was found upon her person; that Spanish needles and burs were found on her skirt, (showing as the State claimed that she had passed through a vacant lot and near the scene CANTON'S GREAT TRAGEDY. 113 of the murder after the shooting ), and that one of her hands was discolored with some- thing like burnt gun powder; that the discolor- ing matter was removed by scraping, and that the officers smelled the substance and pro- nounced it burnt powder. The three police officers who were present at the time of the arrest and searching of Mrs. George also testified to substantially the same as officer Piero. Several other witnesses were called to testify that they had seen Saxton on his wheel about six o'clock, going in the direc- tion of the scene of the murder on West Tusca- raw as Street. Court now adjourned until eight thirty Wednesday morning. Court opened Wednesday morning at the usual time with the usual crowd in the court room. Many women were in attendance. Patrolman Dickerhoof was called and testi- fied that he was a police officer at the time of the tragedy, that on the night before Saxton was killed that he was detailed by the Mayor, at the request of Mrs. George, to assist her and to be present at an interview that she expected to have with Saxton; he met Mrs. George on Cleveland Avenue about three fifty-five o’clock in the afternoon. She said that she had been to see the Mayor and that he had been detailed to take her to the Saxton Block, that she was afraid to go alone and wanted him to protect her, she said she was afraid of Saxton. That 114. CANTON'S GREAT TRAGEDY. he went to Police Headquarters to tell the turnkey to mark him on special duty for the afternoon and evening. He went to South Market Street, between Eighth and Ninth Streets and met Mrs. George there. About six o'clock she went down Ninth Street to Pied- mont, and he walked around in front of the Herbst residence, and that he remained there to see if he could find Mr. Saxton. She told him that she wanted to see Saxton. He met her later on Ninth Street, and she asked him if he had seen Saxton yet. He told her flhat he had not. He then said that he looked up at the windows of the Saxton Block to see if there was light in the window of Sax- ton’s room. Mrs. George was there at the time with him. There was no light in the windows of the rooms Saxton occupied; Mrs. George said he was not there. We then went into the Herbst lot, the witness continued, going through a gate way. We walked back by the house at the rear of the lot and stayed there for five minutes, and then we came out to Ninth Street, and I left. I stayed on Market Street for a half hour or so. I went back again and told her I could not find Saxton. I walked along Market Street again and went to her a third time and reported. I then saw a light in Saxton’s room and said to her that he might be at home then. She asked me if I could come back the next evening. I told her I could if the Mayor said so. She asked me to come CANTON'S GREAT TRAGEDY, 115 back and I told her I would. She did not ask me to go up in the Saxton Block to his room, and I did not go, neither did she go up into the block. She told me she was not allowed to go there on account of the injunction which re- strained her from entering the block. It was about eight o'clock when we separated. She did not say what she was going to do, and I do not know where she went. When I left her there was nothing said as to the time I should come back. The next night I reported at Police Headquarters about six o'clock, and went to Market and Ninth Streets. I waited there for three quarters of an hour. I heard of the death of Mr. Saxton an hour later. I went to Police Headquarters after I heard of his death, and then to the public square, and went on duty. I made a search for Mrs. George after the murder, about the square. This was about seven o’clock. On cross examination he said that Mrs. George had told him that she was afraid to go to see Mr. Saxton for fear he would commit violence upon her. She said she had no anger or ill feeling towards him. She made no threats of violence against him. She had got the Mayor's consent to have him go along with her to protect her. She said she was afraid Saxton would abuse her when she went to see him. Edward J. Rex was next called, and his testimony corroborated the statements of the witness Dickerhoof, as he had seen Dickerhoof 116 CANTON'S GREAT TRAGEDY. and Mrs. George together the evening before at places testified to by Dickerhoof. William F. Cook was next called. His testimony was very interesting and took the defense somewhat by surprise as it was not known to them what his testimony would be. He is almost entirely deaf and it was very diffi- cult to examine him. Some of the questions had to be written out and it was tedious. He said that he had lived in the Saxton Block in the latter part of 1896. That he had seen Mrs. George the night after Thanksgiving in 1896, that he had been to the theater and came up to his rooms in the Saxton Block from the Opera House. As he entered the hallway upstairs, he saw Mrs. George standing opposite the radiator, opposite the entrance to Saxton’s rooms she had a revolver in her hand and was looking at it intently and seemed to be fixing it in some way. As soon as she saw him she put the revolver under her coat. He passed on and did not see her again that night. He did not know whether Saxton was in his rooms at the time or not, but he thought he was not. That he saw her after that one night in the spring of 1897, she was standing in the hallway. He also testified that he had seen her one night in 1897 at Myers' Lake; that Sax- ton and Mrs. Althouse were on a seat near the water front of the Lake, that he went into the hotel and when he came out he noticed a woman behind a tree. He walked close to her CANTON'S GREAT TRAGEDY. 117 and saw that it was Mrs. George. She stood behind a tree and watched Saxton and Mrs. Althouse closely. That Saxton and Mrs. Alt- house moved away toward the lunch room and took another seat. Mrs. George also moved and took her position behind a stump of a small tree. Saxton and Mrs. Althouse remained on the seat talking for about half an hour. All this time Mrs. George stood there watching them intently. Saxton and Mrs. Althouse then got on their wheels and rode away; that witness was within forty feet of Mrs. George at the time she was watching them. On cross ex- amination witness said that he had had no ac- quaintance with Mrs. George at the time he had seen her in the hallway of the Saxton Block; that he knew Saxton very well and that he told Saxton at one time that Mrs. George might shoot him. That at the time Mrs. George was watching Saxton and Mrs. Alt- house he did not see that she had a gun. There was no revolver in her hand that he had seen, and she made no attempt to disturb them. He had never seen her with a revolver but the one time. Lorin C. Wise was called, and testified that about five forty-five o’clock, October 7th, he got on a car at Dewalt Street, that he had seen Mrs. George get on the car at High Street, and that she got off the car at Hazlett Avenue. This was about five minutes before six o'clock when she got off the car. She had on dark - 118 CANTON'S GREAT TRAGEDY. clothing but the witness could not describe it. The next witness was W. O. Werntz. This testimony was highly sensational. It had been foreshadowed and it was generally known what it would be. He is an attorney and was a partner of Mr. Sterling, who was engaged in the defense. They had done business for Mrs. George in her troubles with Saxton, and the State proposed to show conversations which she had with the witness Werntz. This testimony was in reference to threats which she had made against the life of Saxton. The witness testified as follows : That he was a lawyer, that he had known Mrs. George for three years; first met her in the office of Sterling & Werntz, since that time he had seen her a number of times. The wit= ness said, “I remember the occasion of Saxton's death; I was in my office at the time. n Mon- day of that week I saw Mrs. George twice; once at her residence and again at my office. An attachment suit had been commenced by Mrs. Finley against Mrs. George. I had a talk with Mrs. George about Saxton at her home that day.” - “What was that conversation?” asked the Prosecutor. “I claim a privilege,” said the witness, “my conversation was of a privileged character and I refuse to testify to the conver- sation unless ordered to do so by the court.” Counsel for the defense immediately ob- - _ - CANTON'S GREAT TRAGEDY. 119 jected to his testimony, and a question arose as to the competency of the testimony. The de- fense claimed that the conversation being of a confidential character between attorney and client that it should be excluded, while the State claimed that there was no such thing as a confidential relation when a crime was in con- templation. The witness was then interro- gated as to the nature of the conversation so as to enable the court to determine whether it was confidential or otherwise The question was argued at length by counsel on both sides, and after due consideration the court decided that the testimony was competent. While this testimony was being given Mrs. George watched the witness intently. She knew that this was probably a critical point in her trial, and that her life or liberty might depend upon it. When reference was made to her boys during the argument, to whom she is greatly attached, she lowered her head and her drooping eyelids made her eyes appear to be closed. This was but momentary however, and it cannot be said that she lost her composure on account of the weight of the evidence itself. It was by odds the strongest piece of evidence the State had yet produced. The witness said, “I had a conversation with Mrs. George on the Monday prior to Saxton's death, at her rooms on West Tusca: rawas street, sometime in the forenoon. We talked about the Althouse case. She said she 120 CANTON'S GREAT TRAGEDY. was going out to the Althouse residence to raise h–ll with Saxton. I told her not to go, and she then said that she would not go. I do not know how long I was at her rooms at that time, probably a half-hour. She said that she had a thirty-eight calibre revolver in her trunk; she had bought it in Chicago. She did not say what she was going to do with it. I had another conversation with her in my office in the after- noon of that day.” She said, “When the suit of Sample C. George was settled, there will be a funeral or a wedding.” She asked me what effect it would have on the suit, referring to the George suit, if she killed Saxton? I told her the result might be the same, but if she was going to kill him, she had better wait until the case was settled. She said if she shot him she would make a good job of it, that she would give him all the balls she had. “What did she say as to what she would do with the revolver, if she shot him º' - She asked, “If it would not be a good plan to have two revolvers; throw one at his feet and shot him with the other º’’ I told her, in view of the threats she had made against Saxton, no one would believe that she killed him in self-defense. She asked me how it would do to shoot him in the back and throw the revolver away. I told her she had better let Saxton alone, that she had two bright boys, and if she had no respect for Saxton, she NEWTON GEORGE, ELDEst SoN or THE Accused. CANTON'S GREAT TRAGEDY. 121 ought to have for her family. I do not re- member that she told me what she was going to do with Saxton; that is as to whether she was going to shoot him or not. The witness was cross examined very rigidly. He said that he fixed the date of his conversations with Mrs. George by the court records; giving the date of the suit to which he referred. Mrs. George told him in the same conversation that Saxton had promised to marry her as soon as she got a divorce, and that he had abandoned her and he was persecuting her by bringing the suits that had been spoken of in the examination in chief. She also told him that she was without a home, was separated from her husband, that Saxton had sent her to South Dakota to get a divorce and had paid her expenses in that proceeding. She also told him in the same conversation, that Saxton had promised to dismiss the injunction suit against her restraining her from going to the Saxton Block and from interfering with him. She asked me why the suit had not been dismissed ? I told her I did not know. She told me that in 1896 she and Saxton had met at the Hotel Federal, in Allegheny, that they had remained there three days, and agreed to dismiss all suits; that in persuance of that arrangement she had dismissed her breach of promise suit against him, and that she wanted him to keep his promise and dismiss the suits against her. She seemed very much enraged and excited 122 CANTON'S GREAT TRAGEDY. during these conversations; I do not know that she was crying. She told me that Saxton had agreed to support her, and that he had mis- treated her and had kicked her from the house; she asked me if proceedings could not be brought to recover the goods that Saxton was keeping which belonged to her, that the goods were in the Saxton Block. She said that nearly all of her goods, naming some of them, her mother had given her and she wanted to get pessession of them; that Saxton was keeping them from her as security as he claimed, for what she owed him. She said that when Saxton went to the Althouse place, that he would ride past her home on his bicycle nearly every day. In the conversation at my office, she repeated what she had said in the morning about his failure to keep his promise to marry her; she also said that Saxton was the only man she had ever loved; that she once loved her husband, but that Saxton had alienated her affections. She was crying when she said this, but I did not observe that she was in anger. She always said that she expected to marry Saxton, that Saxton had been after her for years to get her to leave her husband before she consented to do so. She told me of a number of places where they had stopped together and registered at hotels, as man and wife : among the places named were Sioux City, Iowa, and Canton, South Dakota, where she said CANTON'S GREAT TRAGEDY, 123 Saxton had stayed a week with her. She said she had lived for a long time in the Saxton Block, that Saxton lived in her rooms at night and was there a good part of the time during the day. That he had sent her presents, that along at first when he would visit her and give her presents that she sent them back to him, and that she refused to accept them. She said she resisted his overtures until in 1889, at the Casino, at Myers Lake, when he ac- complish her ruin. She told me all that, but I am not sure as to the time. She did not cry or become excited when she talked of these matters in these conversations, except the one time, that was in the office in the afternoon. She was excited on all occasions when she would talk about Saxton. She said to me that Saxton had renewed his promise to marry her at Allegheny. She said that he had made this promise in order to get certain letters from her, and that she gave up the letters to him, and that this promise or settlement at Allegheny was brought about by him so as to enable him to get these letters. She further said that Saxton had agreed with her to give her boys property in Canton worth not less than $3,000.00. She also said that saxton had supported her in Cleveland for quite awhile; that he had paid her expenses there for more than a year. On re-examination witness said that the settlement of the case against Saxton, instituted by Sample C. George, 124 CANTON'S GREAT TRAGEDY. was made two days before Saxton's death. It is my recollection that this was but a few days after my conversation with Mrs. George, but I am not sure. “What was Mrs. George's manner when talking about Saxton’’’ “Sometimes she was kind and sometimes she was not ; sometimes she showed anger.” She asked me one time about the penalty on the subject of murder. She said that if she did not get more than ten years in the penitentiary she would kill him or shoot him; he did not remember just which term she had used. Re-cross-examination. At the time of this third conversation, she was nervous and ex- cited ; she told me she loved Saxton as she had never loved any other person; she told me that she was actually in want, that she had her boys and nothing to live on. She told me that Saxton had hired decetives to take her to Massillon, where she found a note telling her to go to Mansfield to attend the marriage of a friend ; that she went there in company with this detective; that the detective, instead of taking her to a hotel, took her to a house of questionable reputation; that immediately after her arrival at this house she was arrested ; that she had deposited her watch to get money to come home. That Saxton had done this to injure her reputation. That when she went to Allegheny with Saxton at the time that they had made up - CANTON'S GREAT TRAGEDY. 125 their troubles, that he had given her money to redeem her watch, and that he had acknowledged at that time that he had ar- ranged the Mansfield affair. She said that she had suffered everything but death from Saxton. In conclusion, the witness said that she did not get the property she claimed in the Saxton Block, and the boys did not get the property in Canton. The witness did not know when the promised property was to be given to the boys. Also, Mrs. Mary Finley was called, and testified that she resided on South Walnut street, that she had been acquainted with Mrs. George since the spring of 1896, that she had rented a front room to her in which she had lived for over two years. During that time Mrs. George talked to witness often about Saxton. In September or October, 1897, she first spoke to her about Saxton. She said, “Just wait till the case of Sample C. George and Saxton is settled ; I will see Saxton. I am going to ask Mayor Rice to go with me to Saxton's office. I am going to ask Saxton what he will do for me, and if he does nothing I will shoot him so full of lead that he will will stand stiff.” I said, “Mrs. George, you must not do that, you will go to the peni- tentiary.” She said, “Only a few years if I do, and what is that ?” In the early part of 1898, she said in my kitchen, “I wish I could see Harry Clark. I 126 CANTON'S GREAT TRAGEDY. want to buy a revolver. He often goes to Chicago and can buy one without anyone knowing where it comes from.” She said she wanted a self-acting revolver, and that if Harry would not get her one she would go to Mayor Rice and get one ; that he had lots of them taken from men who were arrested for crime, and she would make him give her one. In February, 1898, witness said that she had teased Mrs. George, saying that she believed Saxton would marry Mrs. Althouse yet, and Mrs. George said, “Just wait till that suit with Sample George is settled ; I will fix him. I will not do it like a coward either. I will go up in front of him and let him know who did it.” - Witness then said that she asked Mrs. George if she would shoot herself then. Mrs. George said, “No.” Witness said, “That is customary.” “In February or March, in the kitchen at my house,” the witness continued, “Mrs. George said, ‘ I am not through yet, I will fix him yet.’” She also stated that she re- garded her as a peaceable woman. The ex- amination was very lengthy, and while the witness became very much excited at times, and showed a great deal of feeling as against Mrs. George, yet her testimony was not materially shaken. Something was also said about the time to shoot; was when Saxton broke his promise of marriage. At another CANTON'S GREAT TRAGEDY. 127 time Mrs. George said she had asked Saxton to send her revolver back. She told him that if he did not send it back that there would be plenty of others. At another time Mrs. George told the witness at one time, in front of the Althouse residence, Saxton came up with Mrs. Althouse, and she said to him, “You are not going into that house to-night.” He tried to go up the steps but she held him, and said to Saxton, “Go home with me to- night.” He turned away and Mrs. George went with him. She held to him and he tried to push her away. They walked together for a long time. Mrs. George said she did not know where they had been, and finally they reached Ninth street. Mrs. George said, “George, don't you remember how we used to walk around together having a good time?” He looked around and said to her, “Who are you, I don’t know you.” Finally they reached the Saxton Block, and Mrs. George said she was prevented from going in there by the injunc- tion. That Mrs. George had told her of writ- ing a letter August 27th, 1897, asking Saxton to send back her revolver. This is the letter on which the United States Court indictment was based, and witness told of the arrest in that proceeding. This witness was severely cross examined by the defense. The witness said she had been married but was not married now. That she is not mad at Mrs. George. She did have a suit 128 CANTON'S GREAT TRAGEDY. against her. She said Saxton had been to her house a number of times, but not to see Mrs. George. Witness knew that Saxton paid part of Mrs. George's board. During rapid and emphatic questioning, witness evidenced some confusion, and seemed fixed on dates. She was asked to give other parts of the conversa- tion from which direct evidence had been quoted. Little additional testimony was brought out by this process. Witness said that counsel for the State had seen her Wednesday night, and talked over the matters which she was to testify to. She had also talked with them on the same line about a week ago. She said she did not say to Mrs. Grable, in the witness room, that counsel for the State had told her what to say. She did not say to Justice Robertson, upon the trial of a peace proceeding, that she had never heard Mrs. George make threats against anybody. Mrs. Mary Nauman was next called. She testified that she had a talk with Mrs. George about Saxton in August, 1897. “She said she went out to the Althouse residence and sat on a neighbor's porch until Saxton and Mrs. Alt- house rode up to the residence on their wheels. Mrs. Althouse got off her wheel and went into the house, and Mrs. George with a pistol in her hand made Saxton go away with her. That she had dropped the pistol in some way and Saxton picked it up. On their way to town, in crossing the Tuscarawas bridge, she stopped CANTON'S GREAT TRAGEDY, 129 and asked Saxton if he wanted to die then, and he walked on and said nothing. Mrs George said she could have killed him then, but she wanted Sample George to get some of his money first. She told me, in another con- versation, that she had written an ugly threatening letter to Saxton, and she said, “Now let them prove who did it.” She said that if Saxton did not marry her, after he settled with Sample George, he would not walk the streets of Canton another day. She was very much excited at the time, and emphasised what she said with her clenched fist. She also used profane language. The witness was asked to repeat these oaths as near as she could, but she asked to be excused from repeating them. The Court said he would not insist if the language was profane or obscene, and she said it was. In February, 1897, a quilting was had at the home of the witness. Mrs. George was there, Mrs. George then said “After the case is settled there will be a wedding or a funeral,” referring to the George case. “If he does not marry me, he will not walk the streets of Canton another day.” She said she would shoot him, and that Clark would get her a revolver to do it with. The witness said she told Mrs. George not to do that, that she would get into trouble. Mrs. George said she always got out of trouble, and would get out of this; that if she went to the Penitentiary she would knock everybody's eyes out there. 130 CANTON'S GREAT TRAGEDY. Cross examination. Witness said she was often at Mrs. Finley's house and saw Mrs. George there some times. She said that some- times she sat on the porch with Mrs. George; that she sent her tea cakes once, but did not send her other delicacies. Did not give her a handkerchief on Christmas in 1896. Mrs. George did not tell her of the Allegheny visit. Witness said she had seen and talked with the Counsel for the State last night. Mrs. George had said to the witness that if Saxton was going to marry her, she did not want him running with Mrs. Althouse. She said she could have done him on the Tuscarawas bridge if she had wanted to. The witness was then interrogated as to other incidents narrated by Attorney Werntz. The witness could not recall just how the conversation with Mrs. George started, but she said that Mrs. George had said that if she did go over the road she would not stay long, meaning that if she went to the penitentiary she would not stay there long. She said she would soon get out. Witness said that she did not advise Mrs. George to write a letter to scare Mrs. Althouse. “I did not tell her what to put in the letter.” “I did not give her the paper and envelope.” That Mrs. George had not been in hiding at her house, when the U. S. Marshal came for her to arrest her for sending the threatening letter. Mrs George had done sewing for witness; had made a cape for her ; that she CANTON'S GREAT TRAGEDY. 131 had often talked with Mrs. Finley about her troubles with Mrs. George. Mrs. Nettie McAllister was next called. She said she lived on South Cherry St., not far from the home of Mrs. Finley. She knew Mrs. George and had conversations with her at the home of Mrs. Finley, probably in March, 1896. Mrs. George had told her that if Saxton did not marry her after he settled with Sample C. George, she would shoot him. Another con- versation occurred in August, 1897, about the trouble at the Althouse residence. Mrs. George said that she had been at the Althouse residence and had made trouble ; that she had made Saxton walk home with her. She pointed a pistol at him. She dropped the revolver, and picked it up. On the South St. Bridge she asked Saxton if he would like to die there. He said nothing and walked on. She said Saxton had the revolver, and she could not do anything with him. The witness said that Mrs. George had written a letter ; that she had written in that letter that she would fix him, and cut Mrs. Althouse's heart out and hang it on a telephone pole. The witness was cross examined, and the first question asked her was, “where is your husband?” “He has left for parts unknown " was the answer. Witness said she went to the Finley house occasionly to see Mrs. George. Had not talked with her since the latter left Mrs. Finleys 132 CANTON'S GREAT TRAGEDY. house. In one conversation Mrs. George said Saxton had promised to marry her, and after- wards he threw her out of his building, and Policemen had taken her to the Hurford house and secured her a night's lodging. The witness said that she had told her that Saxton had broke up her home, that he had induced her to get a divorce, had promised to marry her, and she further testified to substantially the same as the witnesses, Mrs. Finley and Mrs. Nauman. In another conversation with the witness Mrs. George had told her about her Allegheny trip, that Saxton had renewed his promises there to marry her as soon as the suits were dismissed. That Saxton had paid her ex- penses for the divorce, and had kept her, and that he had ruined her entirely, and that she did not know now what to do. That she had made Saxton come away from the Althouse home, that he said, “who are you, I don’t know you, go away.” She had been in Mrs. George's room often ; saw her dressed and un- dressed. Never seen a revolver in her possession. Witness said she had fallen out with Mrs. George shortly before she left the Finley home. She had a disagreement with her and had not spoken to her since. She told me that she had never cared for her husband, that she never liked him from the day she married him. Mrs. George had asked the witness to write a letter. She told her that she CANTON'S GREAT TRAGEDY, 133 would not do so, that she was afraid she would get into trouble. John L. Jackson, colored, testified that he knew Mrs. George ; had know her for ten years, that he knew Saxton about the same length of time, that he remembered the date of Saxton's death. He saw Mrs. George at the Davis Block about ten o’clock of that day. Had a talk with her for about twenty minutes or a half hour. She asked him for some writing paper. “I tore a sheet from a book and gave it to her. She said she wanted to send a boy for an umberella. She spoke of the settlement between Saxton and Mr. George. She said they had settled for between eighteen and nineteen hundred dollars. She said she wanted to see him (Saxton); that she had not seen him since the settlement, that he had promised so marry her after the settlement. She talked of plans to see him. I advised her not to do it but to write him. She did not think he would answer her if she did write him. She said to me, “Jack, I am beginning to realize what you always told me, that he is not going to marry me.” She said she was tired of being baffled about. She said some- thing about getting revenge. She said (He will get his deserts in h--- or in eternity.) Witness said Mrs. George often came to the Block to see him ; once or twice a week for several years. Her manner was determined. A few days, possibly a week before she was 134. CANTON'S GREAT TRAGEDY. at the Block, she talked about shooting Saxton if he did not marry her, and quit going with the Althouse woman. She spoke of shooting both of them. She swore and called Mrs. Althouse names, but I cannot recall the words she used. Witness had a great deal of difficulty in re- membering the substance of the conversation. She said she would wait until Saxton settled with Sample George, and then if he did not come to time as he agreed—the witness here hesitated and did not pretend to say what she said. This was repeated several times, finally the Court said that these tactics should be tolerated no longer; that he had gone to the limit in the matter of latitude, and that this kind of conduct on the trial would have to be stopped. The Court said it seemed to be an effort on the part of the State to get in in- competent testimony. The witness continued, “Mrs. George seemed very much excited at times when she talked about Saxton.” Upon cross examination the witness said Mrs. George complained of Saxton's attentions to Mrs. Althouse, and said she did not want him to go with that woman. Attorneys for the defense had the same trouble that the State had in getting him to detail the substance of the conversation with Mrs. George. It developed however, that in the course of the conversation he had with Mrs. George, she had told him of many of her relations with Saxton. In such of these incidents as he related them, he merely re- - - - - CANTON'S GREAT TRAGEDY. 135 lated what had been previously introduced by other witnesses. Dr. Maria G. Pontius was called to the stand. Dr. Pontius is a physician and has a large practice in the city and vicinity. She testified that she saw the defendant, Mrs. George, at Police Headquarters. That she had been summoned there by a policeman; that she had searched Mrs. George at the request of the Prosecuting Attorney. “I found her right hand was not so clean as her left hand. I scraped the cuticle of the left hand and placed the scrapings on a clean piece of paper. There was a very small amount of it. I sealed it up in an envelope.” Witness was here shown the envelope and identified it. “I gave the envelope to the Prosecuting At- torney on November 20th, in my office. It had been in my possession up to that time. Three police officers were present at the time I ex- amined her hand and scraped the cuticle.” On cross examination she said that Mrs. George was in custody at the time she searched her, and had no Counsel at the time that she knew of “The amount was so small that you could scarcely see it on white paper,” referring to the discoloration of the hand. “I think it was too small to stand a chemical examin- ation.” The Prosecuting Attorney then asked her, “Did you not say to me that you did not know how gun powder smelled ” The witness 136 CANTON'S GREAT TRAGEDY. answered, “I said I did not have as much ex- perience as gentlemen had with gun powder, but I could tell burnt gun powder, and I say it was not gun powder to the best of my knowl- edge.” This testimony was in direct contradiction of the testimony given by the State on the subject of the discoloration of Mrs. George's hand. Dr. Alfred B. Smith was next called. He is a chemist, and in the employ of the Case School of Applied Science, of Cleveland. He had ex- amined the little bit of dirt that had been scraped from the hand of Mrs. George. Counsel for the defense objected to the testimony on the ground that there was not enough of the sub- stance upon which to predicate a judgment as to what it was. Another objection was that Mrs. George was under arrest at the time, and that the right of search did not extend so far. The court decided that the accused could not be compelled to submit to an examination of her hand and furnish her own identification. The objection was sustained and the Prosecutor said what he intended to prove with a view of excepting to the decision of the court. Charles Lloyd was next called. He testified that he was a reporter for the Repository. He had known Mrs. George for four years, and had been intimately acquainted with her during that time. Had frequently talked with her. “A few years ago, at her home on West Tuscarawas HOWARD GEORGE, Youngest Son of the Accused. |- |- |- |- | |- |-|- |- |- CANTON'S GREAT TRAGEDY. 137 Street, I talked with her.” The witness testified that she had told him of her troubles with Sax- ton, and that if the Sample C. George case was settled, and Saxton did not marry her, that she would kill him. “At another time she asked me to write a letter for her to the Supreme Court Clerk, and inquire of him about a case that was in the Supreme Court that had not yet been decided; a case in which she was inter- ested. A day or two after that she said it was not necessary to write, as she had received word that the case had been decided. At the Myers Block at one time she showed me a pocket for carrying a revolver. She did not say that she had a revolver or that she carried one. On cross examination the witness said, “I do not know what color her dress was or whether she really had a pocket in it. She said she had. I called upon her that time for news, and she told me the history of her life. Mrs. George never told me Saxton had promised to marry her.” The witness gave other testimony that was the same as that of some of the other witnesses. Perry VanHorn was next called. He was also a reporter for the News Democrat. He said he had a conversation with Mrs. George at her home some time before the homicide. “She sent for me to come to see her, as she said she sup- posed I would hear of the trouble at the Alt- house place, and she wanted it stated correctly. 138 CANTON'S GREAT TRAGEDY. I had another conversation with her after that. She told me that Saxton and Mrs. Althouse were in her room in the Saxton Block at several times. She objected to this, and said she did not want them to visit her rooms; that they had had trouble about this. She said no one had overheard this trouble that she knew of. I did not write it up for the paper. She said Saxton was not treating her right; that he was running around with other women; that he had promised to marry her, and she objected to this. She said she would shoot him or kill him if he did not marry her. The witness told her she had better not kill him as she would get into trouble if she did. She said she did 'nt think a jury would do much with her if she did kill him. The witness said he talked with Mrs. George after the shooting; that he went to the jail to see her twice; once was at the instance of the Prosecuting Attorney. He was then asked the question by Counsel for the defense, “You was to report to him, were you?” “Yes, sir.” The court held that the witness was not compelled to answer the question if the con- versation was in the jail after she was arrested. Upon cross examination the witness testified that Mrs. George told him that Saxton had her household goods; that he had been taking lewd women into the Saxton Block, into the room that she had furnished with her own goods. That Mrs. Althouse had been in there with Saxton. She also mentioned other women that CANTON'S GREAT TRAGEDY. 139 Saxton had been in company with. “Mrs. George told me that Saxton came up to her room when she first moved into the Saxton Block, and was very attentive upon her; gave her presents and made himself agreeable in every way, was kind to her children, and that his visits were generally in the absence of her husband; and that after a time she had formed an affection for him; and that she finally left her husband and went with Saxton. She de- tailed the history of their whole transaction, and claimed that Saxton had persecuted her more than she could bear.” The witness gave evidence of other facts which is the same as that which has been here- tofore given by other witnesses. Mrs. Mary Grable testified that she had talked with Mrs. George at the Grable Sanitar- ium in West Tuscarawas Street. Mrs. George had rented a room for her. She told her that Saxton had ruined her life, and that if he did not marry her she would riddle his body with bullets. At another time she said if Saxton did not do justice to her she would shoot him. On cross examination she said that she had nothing against Mrs. George, that she did not have much acquaintance with her, and had talked with her but a few times. 140 CANTON'S GRFAT TRAGEDY. CHAPTER XIII. Two or three persons were now called for the purpose of identifying the hand writing of Mrs. George. It was claimed that she had written a letter to Saxton at one time, making threats of his life. These witnesses testified that they knew her hand writing, and identified it. The letter was afterward introduced in evi- dence, but later this letter was ruled out before it was read to the jury. E. E. Willis was next called. He had had a conversation with Mrs. George on the morning after her arrest. This testimony was excluded. In the prison next morning witness was reading a paper containing the account of the murder, and Mrs. George made a remark to him. The witness was not allowed to testify as to what the remark was. In passing on the exclusion of this testimony, the court said, “The remark had no semblance of a conſession.” The witness was reading a paper and had come to a de- scription of the wounds. Mrs. George shuddered, and asked him to omit that portion of the account of the tragedy. Jacob Oberlin was next called. He described the location of the house where Mrs. George had rooms, and where she stopped at the time of the tragedy. The witness also described the interior of the room in which Mrs. George was CANTON'S GREAT TRAGEDY. 141 arrested. The dress worn by her on the day of the murder was next described. Witness said Mrs. George had been rooming in the other part of the house, which was occupied by Mrs. Taylor; that she had given up her rooms three days before the murder, and gave some of her goods away, and sent the remainder to Hanoverton. She occupied a room with Mrs. Oberlin in the meantime. That Mrs. Oberlin had bought a carpet from Mrs. George and paid for it by room rent. Mrs. Christena Eckroate was next called. She is a small, pale faced woman, with a weak voice. In answer to questions by the Prose- cutor she said, “I live on Lincoln Avenue. My husband runs a grocery store; the Althouse residence is south of the Glick house, and just north of the Quinn house, and a very short dis- tance from where we live. I knew Saxton and Mrs. Althouse. I also know Mrs. George. I commenced to know her by sight at the time of the peace proceeding. I saw her about the Alt- house home very often; several times after dark. I saw her once go to the door of the Althouse residence, rap on the door and call, “George are you not through; will you not come out?” She would walk up and down in front of the Alt- house residence when Saxton was there; then she would call for Mr. Saxton. Before the peace proceeding brought by Mrs. Althouse, I saw her out there a dozen times or more; one time I heard her talk to Mrs. Althouse and call 142 CANTON'S GREAT TRAGEDY. her a bad name. I saw Mrs. George at Squire Robertson's office at the time of the peace pro- ceeding. I saw her after that at the Althouse place. On the night of the shooting I was at my home. I was in the east side of the house. I was sitting at the supper table. I heard four shots. I heard the first shot, and then when the second shot was fired I was at the bed room window. I went there to look out. I opened the window and leaned out. I saw the flash of a revolver. I saw a figure come up and step forward. I saw the flash of the revolver, and the person standing shot twice down toward the ground. The person then walked away a few steps, and then came back and stooped over the body. Then the person started down the street and went off. I went through the house to the other side, and saw the person walk down the street and to the vacant lots near the Althouse residence. Then the person started to run and was soon out of sight. I recognized the figure of the person whom I seen. I had seen that person about the house before. It was Mrs. George. We had a light in the house, and also in the grocery store. There was a light in the Glick house. I went to the house across the street where the shooting took place and I saw Mr. Saxton lying there. He was lying on his face near the steps. The person who did the shooting was dressed in a dark dress. I think I saw her throw a little wrap over her arm as she walked away. - CANTON'S GREAT TRAGEDY. 143 On cross examination the witness said, “I never spoke to Mrs. George in my life. I was a witness for Mrs. Althouse in her case against Mrs. George. Mrs. Althouse and I were friends and are yet. She has been to my house often. I testified before "Squire Robertson, in the Alt- honse suit, that I did not know Mrs. George and had never seen her. I said this to the best of my knowledge. The leaves were on the trees at the time of the shooting. They were pretty thick on the trees. The night of the shooting was a dark one; it had been raining in the evening. There was a light in my husband's store and also in the Quinn house. Yes, the only light in my husband's store was a lamp in the rear of the store.” (As this answer was given there was a sound of applause in the court room; it was very damaging to her other state- ments.) The figure was on the sidewalk when I first saw it. I could not tell who it was that was laying on the sidewalk at first, not until somebody lit a match. The arc light on Third Street did not shine on the place where the body fell. There was no light in fact that shone on the spot. “You say you recognized the figure of the one who shot, by the flash of the gun ?” “I saw a slender waist, the figure was all black ; there was a screen on the window I looked out of ; the screen was nailed there. I had to remove the screen before I could look out. I did not tell this story until they began 14.4 CANTON'S GREAT TRAGEDY. to hunt it up. I did not tell it until the Grand Jury met.” “That night was dark. I recog- nized the figure that done the shooting, it had a slender waist. I have been in the habit of eating opium ; have been using opium for eight or nine years. I bought it from all the drug stores.” Mrs. Louisa Huigg testified that she lived in Cleveland, that Mrs. Eckroate is her mother. She was visiting her mother at the time of the murder. She was in the Eckroate house at the time of the shooting. She heard two shots, and then she went out of the house to the gate. She saw a form across the street. Two more shots were fired, and she saw the form stoop down and then get up and walk to the corner of the street, and then come back and stoop down again; then the form disap- peared. It was tall and slender, and had an erect carriage. The person did not seem to be excited, but was cool. The electric light was burning, and witness then described the lights about the place. I have seen this same figure since. I have seen what seemed to be the same figure that I saw that night. Objection was made to this testimony but the court admitted it. “I have seen a form that resembled the one that I saw there. I have seen that same form since. It was Mrs. George.” On cross examination she said she would not say that she recognized the figure; that she CANTON'S GREAT TRAGEDY. 145 could not have recognized anyone across the street. “What I saw was the indistinct form; it was the form of a woman or a man dressed in woman's clothes. I did not know Mrs. George. I had no acquaintance with her before this.” Court here adjourned until 1 o'clock P. M. At the Saturday afternoon session of court, Mrs. Huigg was on the stand again. Mrs. George wore the same composed demeanor as before the noon adjournment, though her case was given a severe shock by this testimony. Mrs. Huigg had testified to facts which came near identifying Mrs. George with the shooting; so had Mrs. Eckroate. Her testi- mony in the afternoon was substantially the same as given above. The next witness was Ex-Sergeant William J. Hasler. The testimony of this witness was looked forward to with a great deal of interest, for the reason that he had created quite a sensation some time ago by claiming that he had found the revolver which Mrs. George had used at the time of the murder of Saxton. About the 10th of January last, this wit= ness reported that he had found a revolver. He was interviewed by the representatives of the city papers, and in these interviews it was learned that the revolver had been found by him two or three days after the murder, and that he had suppressed the information until the beginning of the term of court in January. 14.6 CANTON'S GREAT TRAGEDY. Various reasons were given by him for sup- pressing this information, and some claimed that it was for the purpose of enabling him to get a reward from the commissioners of the county. He claimed, however, that it was for political purposes; that is, that he was a candi- date for city marshal, and that he had in- tended, at the proper time, to give out the in- formation that he had found the revolver, with a view of assisting him in his political aspir- ations. The Sergeant had been placed in a very undesirable position by the press for the part he had taken in this matter. He had re- signed from the police force at the suggestion of the Mayor, and had he not resigned it is sup- posed that he would have been discharged by the Mayor. At the time he testified, and for a long time before, he was very bitter in the de- nunciation of the action of the Mayor, and he had given out the impression that he had got the information from the Mayor as to the whereabouts of the revolver; that is he claimed that the Mayor, who was at first one of the at- torneys for Mrs. George, had indicated to him the place where the revolver could be found, and that upon that information he had found the revolver under the culvert, the place in- dicated by Mayor Rice. During his examination he was very anxious to testify that he had got his inform- ation from the Mayor, as to the whereabouts of the revolver, and an effort was made by the CANTON'S GREAT TRAGEDY. 147 attorneys for the State to show by him that he had gone to the place indicated by the Mayor, and there found the revolver. The court, however, excluded all of this testimony as to the Mayor's connection with the matter. He testified that on the night of the 10th of October, about two o'clock A. M., he, with another party, went to this culvert. That he had stooped down, looked under the culvert, found the revolver, and that it was not loaded at the time. That the chambers were filled with dirt, and that it was covered with mud. That he had put it in an old stocking, and that he had afterwards hid it away in the garret of his house, and kept it there ever since. That he had never told any person that he had found the revolver until the meeting of the Grand Jury on January 10th. That about that time he had had a talk with the Prosecuting Attorney, and at his instance and request he had gone to the jail to see Mrs. George. That he was admitted to her cell; that she spoke kindly to him and ask him to take a seat. He said, “No, he did not have time to stay.” He said to her, “Mrs. George, what shall I do with the revolver that I found under the culvert, the one that Mayor Rice told me about; what shall I do with it?” She answered, “Go and see my attorney, Mr. Welty; he will advise you about it.” The part of his testimony that referred to Mayor Rice was stricken out. 148 CANTON'S GREAT TRAGEDY. On cross examination he said, among other things, that he had first told the Prosecuting Attorney about the revolver on the 10th of January, that he had not told any other person about it except his brother, Mont Hasler. He was then asked if it was not a fact that he had tried to have his brother use his influence with the commissioners to have them offer a reward for the revolver. This he denied. He admitted, however, that his brother was in the employ of the Canton Bridge Company, and was very intimate with the County Commissioners. He said he did not know why he suppressed the finding of the revolver. He did not do it to procure a reward, but his object was to have it assist him in his candidacy for marshal more than anything else. He further said that he had resigned from the police force at the insti- gation of the Mayor; that he had no enmity towards Mrs. George that he knew of; that when he went to see her in the jail he was sent by the Prosecuting Attorney; that his object was to get her to tell him something about the revolver, so that he could use it against her in the trial of the case. He did not take the revolver with him at the time he testified before the Grand Jury. The cross examination of this witness was very severe, and his testimony was very much weakened. It is not necessary to give it any more in detail, as the foregoing is the substance of what the witness testified to. After this CANTON'S GREAT TRAGEDY. 14.9 witness left the stand Court adjourned until Monday morning at ten o'clock. Court opened at the time appointed, promptly at ten o'clock. Judge Taylor took his seat upon the Bench and the jurors were called as usual. There was an immense crowd waiting for the opening of the doors of the court room, and the room was filled up im- mediately to its fullest capacity. A great many Attorneys were present. Mrs. George entered the court room, accompanied by the Deputy Sheriff, and took her seat as usual at the table with her attorneys. She looked very much care-worn. The constant strain upon her nerves was having a great effect upon her. At first, when the case began, she was in very good health; her eyes were bright, and she looked to be in perfect health. It could be seen, during the progress of the trial, that the constant nervous strain was having its effects upon her. It had now been thirteen days since the trial began, and during that time she was in a constant strain of excitement during the day time. She had taken a great interest in the trial; in the impaneling of the jury, and every witness that was called upon to testify was carefully listened to by her, and every word spoken was noticed and weighed by her. Sergeant Hasler was again called, and a few questions asked him by way of cross-ex- amination. On Saturday an effort had been made by the Counsel for the Prosecution to 150 CANTON'S GREAT TRAGEDY. have a certain letter admitted in evidence, which it was claimed, had been written by Mrs. George to Saxton, and which contained threats against his life. This letter was regarded as important testimony for the State, and the Counsel for the defense was very anxious that it be excluded. There had been arguments on both sides on Saturday, and the Court remarked that he would hear further from Counsel on Monday. Brief arguments were again made on both sides, and the Court held however, that the letter was not competent and excluded it. This was a decided victory upon this point for the defense. Uriah Henry was next called. He had accompanied Sergeant Hasler when the revolver was found on the night of Oct 10th. Mrs. McAllister was recalled and testfied to some minor matters which had been omitted in her examination on a former day of the trial. Augusta Susky was next called. She said on the evening of October 7th she was em- ployed at Mr. Abt's Millinery store; that she 1eft the store about 5:30 o'clock P. M. and walked west on Tuscarawas St. to Hazlett Ave., and on Hazlett Ave, to Third St. Passing the Weiss home, on Hazlett Ave., she heard three shots; in front of the Bederman house on Third St., she heard two more shots. She was then two houses from Lincoln Ave. She had a view of Third St., and of Lincoln Ave., and could see - - - CANTON'S GREAT TRAGEDY. 151 on Lincoln Ave., as far south as the Althouse residence, but not below it. She could have seen anyone going north, east or west; that she saw no person pass. On cross examination the witness testified that the night was very dark. She said she could recognize people around the body at the place where the murder was committed, across the street. Louise Susky was also called. She accom- panied her sister, who had just testified, and her testimony was the same as that given by her sister. Two or three other witnesses were called upon minor points which the State claimed had been overlooked, and at three o'clock in the afternoon Counsel for the prosecution an- nounced that they rested their case, and that that was all the evidence that would be offered on behalf of the State The closing day of the State's evidence was not as interesting as it had been expected it would be. It was supposed that some of the strongest testimony in the case had been re- served for the closing of the case, but it seemed as though the State had nothing on hand for a startling finish. The testimony during the day was irksome and the idea seemed to be to fill in the time, and to not close the case until Tuesday morning. This they would have done, no doubt, had it not been for the rulings of the Court upon the evidence which had been ex- 152 UANTON'S GREAT TRAGEDY. cluded during the day. The Counsel for the Prosecution seemed to be anxious, for some cause or other, to bring Mayor Rice into the case, and this they would have done but for the rulings of the Court. During the examination of Policeman Hasler, the State made an effort to have him say on the witness stand that Mayor Rice had sent him for the revolver, and had told him it was concealed under the culvert where the Policeman found it, but the Court said such testimony was not competent, for the reason that the accused would not be bound by any- thing said by any other person in her absence. In view of this ruling the witness was not com- pelled to say to the jury that the Mayor had appointed him to secure the revolver. It was but a short time after this decision by the Court until the State offered the letter in evidence which has heretofore been referred to. This was rejected also, and the State seemed to close its case under a cloud, rather than the startling finish which it had contemplated. → 22. NNN MOUS TRIAL. M E TAYLOR, JUDG · ſi: ſae T. º º · |- ! G … |- ~~ ^~ C E ! CANTON'S GREAT TRAGEDY. 153 CHAPTER XIV. The State introduced testimony to show that Mrs. George not only had a motive to induce her to commit the mnrder, but that she had also made threats against Saxton, all of which was partially admitted in the opening statement of the case by the defense. A number of days were consumed in getting in the testi- mony on these two points of the case. It was also shown that Mrs. George was looking for Saxton on the evening of the murder, that is, Judge McCarty had testified that she had called upon him the evening of the homicide, and had asked permission of him to have an interview with Saxton. The State also had established the fact that Mrs. George had went west on Tuscarawas St., on a street car, and had left the car at Hazlett Ave., two blocks from the scene of the tragedy, at about six o'clock on that evening. It also introduced persons who claimed to positively identify Mrs. George as the person who fired the shots that caused the death of Saxton, but there were some points which the State had totally failed to prove. One of the most important of these was as to the ownership of the revolver found under the culvert. A great deal of excitement then existed among those who had been present 154. CANTON'S GREAT TRAGEDY. during the greater part of the trial, and wild speculations were indulged in. The defense had so completely covered the line adopted by it, or to be offered, that no person aside from the attorneys seemed to know anything about it. The way was open for any defense that they seen fit to adopt. The case had been well managed on the part of the de- fense. They had adroitly, in the cross examin- ation of the witnesses for the State, kept from indicating positively what the defense would be. There was no doubt now however but what an effort would be made to deny positively that Mrs. George had anything to do with the killing of Saxton. In the plea of not guilty the defense had the right, under the rulings of the court, to show the relations that existed between Saxton and Mrs. George. This would give the defense a great advantage. It would enable them to offer testimony to show Saxton's conduct toward her from the time of their ac- quaintance down to the time of his death. During the cross examination of the witnesses for the State this was the theme of the defense, and they did not lose an opportunity to get from the State's witnesses the declarations of Mrs. George on all occasions as to his harsh treatment of her. This, then, in connection with the testimony that would be offered on the part of the defense, would get before the jury frequently this important point in the case. The weakness of the evidence of the State was CANTON'S GREAT TRAGEDY. 155 very much in favor of a verdict of Not Guilty. The first testimony that was offered by the defense were depositions of witnesses taken before the trial. Depositions of a number of persons who testified to the relations between Saxton and Mrs. George. This testimony was only interesting in that respect. There was other testimony however, taken in these dep- ositions of witnesses, who had seen Mrs. George and Saxton in Dakota at the time that the divorce was granted. The deposition of J. E. Goldberg was read. He testified that he is now engaged in the dry goods business in Detroit, Michigan, and is a member of the firm of Godlberg Bros. That his firm was in business in Canton from 1881 to 1892. He knew Mrs. George very well. He did not know her prior to the time she and her husband moved into the Saxton Block. He remembered the circumstance of Mrs. George being in their store at one time before they moved into the Saxton Block, shopping; that George D. Saxton came into the store while she was there. - Also Charles M. Seeley testified, that his age was forty-one years, that he is proprietor of the hotel at Canton, South Dakota. Mrs. George was a guest at his hotel during the winters of 1891 and 1892. During that time she occupied room No. 10 on the first floor. Saxton was a guest for a week during the time that she was there. His room was No. 156 CANTON'S GREAT TRAGEDY. 14 on the first floor. There were three rooms intervening between their rooms. They took their meals together and the witness thought they were very well acquainted, but saw nothing unusual in their conduct. He never saw them in any one room together. They left the hotel at the same time. Mrs. George paid her bills at the end of each week regularly and she always had money. While she roomed at the hotel she was very well dressed, and even stylishly dressed. Witness saw nothing improper between them. N. E. Rudolph, of Lincoln County, South Dakota, testified that he is forty-five years of age, and is engaged in the practice of law at the Lincoln County Bar. That he was the at- torney for Sample C. George, the husband of Annie E. George, in the divorce suit pending at that time in 1892. He had seen Saxton and Mrs. George after the divorce suit had ended; they were standing on the upper porch of the Harland House. Mrs. George seemed to be pointing out places of interest in Canton, South Dakota. Witness had no recollection of seeing them on the streets or at the hotel afterwards, and could say nothing as to their actions. Oscar K. Brown, a resident of Canton, South Dakota, testified by deposition that he is the cashier of the Lincoln County Bank, at South Dakota, that he is acquainted with the defendant, Annie E. George; that he knew that she resided in South Dakota in 1891 and CANTON'S GREAT TRAGEDY. 157 1892, and was boarding at the Harland House; that she had no occupation that he knew of at the time. He cashed some drafts for her. There were nine drafts in all to the amount of $450.00. All of them were endorsed by George D. Saxton; or at least reported to be so en- dorsed by him—such a signature was upon the drafts preceding hers. A number of drafts drawn by the City National Bank, of Canton, Ohio, for sums from $25 to $100 are also enumerated in the depo- sitions, which had been cashed for Mrs. George. In answer to cross interrogatories, witness said that the only recollection he had as to dates, numbers and amounts of drafts he had testified to, was from the books of entry of the bank; but he also had a distinct independent recollection of having negotiated a number of drafts for Mrs. George, payable to the order of George D. Saxton, and by him indorsed to Mrs. George. Claude Treet is a hardware business man at Canton, S. D. He testified that he knew Mrs. George in 1891 and 1892. He saw her at the Harland House in Canton, South Dakota; that she was simply stopping at the hotel. She had no particular occupation, so far as he knew. He knew of her making neckties, and saw her embroider the front of two gentlemen's japanese silk nightshirts; at least she said that was the material. Witness testified that he knew George D. Saxton; had met him in the 158 CANTON'S GREAT TRAGEDY. hallway of the hotel, and had seen him once at the hotel with Mrs. George. He saw them in the parlor of the hotel and noticed that they were in there together, and the witness with- drew and did not interrupt them. He saw them once or twice together on the street going to and from the post-office; that they seemed to be very affectionate toward each other. Charles E. Judd testified that he is Presi- dent of the First National Bank, of Canton, S. D. He had held the office of Mayor, member of the City Council, etc. That he had seen Annie E. George and knew her while she was in Canton in 1891 and 1892, when she was living at the Harland House. He had seen her two or three times in the dining room of the hotel, as he was boarding there with his family during the latter part of 1891. Saw her probably on an average of three times a week after he left the hotel, on the street. He had never met her personally; never had any con- versation with her. He afterwards met her in the dining room of what was then the Booge Hotel, now Mondamen Hotel, at Sioux City, Iowa. She was passing out of the dining room just ahead of the witness into the hall leading toward the parlor. A gentleman was with her. He did not know who, but he afterwards learned that it was George D. Saxton. He learned this by inquiring, and from circum- stances that occured. Witness described Sax- ton, and said that the couple passed along the CANTON'S GREAT TRAGEDY. 159 hall from the dining room into the parlor, and into the room on the right of the parlor known as No. 201. Witness further said, I observed the room into which they went. I also made an examination of the register for the purpose of ascertaining, if possible, who was assigned to this room. I was prompted to do this by curiosity, simply to know who could be with Mrs. George; having understood that her husband was not in this part of the country, and she being reputed to be in Canton, South Dakota, to obtain a divorce. I noticed on the register, opposite the indication of assignment to room No. 201, the entry, “Geo. D. Saxton and wife,” or “George D. Saxton and wife, Canton.” Witness further testified that room No. 201 was a private bedroom, and that he had observed nothing of the conduct of the couple except that they had left the dining room together and went to room No. 201, and closed the door after they had got in. I never saw them before or after the time referred to. It was between one and three o'clock in the afternoon at the time I saw them as above stated. Robert Hunter in his deposition testified that he is a lawyer of Sioux City, Iowa, that he called at the Booge Hotel shortly after February 16th, 1892; that he went there to examine the register of the hotel to see if George D. Saxton was stopping there, or had been stopping there about that date. He made 160 CANTON'S GREAT TRAGEDY. an examination, and found on the register under date of February 16th, 1892, the entry “George D. Saxton and wife, Canton,” and op- posite the same, “room 201” he believed. Wit- ness testified that he was shown what pur- ported to be a leaf taken from the guest regis- ter of the Hotel Booge, of Sioux City. He testified that he saw the leaf in the register on March 10th, 1892. He saw it again not latter than April 12th, then again in July, when the entry and part of another leaf were cut out. The entry of George D. Saxton and wife, of Canton, was cut out, and he had made a tracing of the signature, and the hotel register leaf was attached to the deposition. The signature had been taken on thin paper put over the signature and drawn or sketched. T. F. Ronayne, the day clerk of the hotel, was present when the tracing was taken. In answer to the cross interrogato- ries, Mr. Hunter said that Mr. M. E. Rudolph directed him to go to the Hotel Booge, on Febru- ary 16th, 1892. He had made a tracing of the names at the request of Rudolph, and sent the tracing to Mr. Rudolph. He returned it and he used it in the Annie E. George divorce proceeding. Witness identified the paper marked “De- fendants Exhibit No. One" as being the tracing which he made of the the register of “Geo. D. Saxton and wife,” on the hotel register. Leslie M. Foote testified that he resided in Inwood, Iowa; that he was clerk of the Harland CANTON'S GREAT TRAGEDY. 16.1 Hotel; that his duty was to meet trains both day and night ; and to attend to a part of the business about the hotel, assigning rooms, and the general duties around the office. That he knew the defendant, Annie E. George; that she occupied room No. 10 in the Harland House; and that No. 10 was four rooms from No. 14; which room was occupied by George D. Saxton. As to their meeting at the hotel and their disposition toward one another, the wit- ness said they seemed to him to be very af- fectionate toward each other, and were just as intimate as he expected they would be from what he had heard her say of him. That in fact they were very intimate, and their conduct very affectionate. They accompanied each other to the dining room, sat at the table together, and he knew of their taking walks together, and going to ride, and he knew that she was very frequently in his room, No. 14. They sat there with the doors open for hours at a time, and that they were in that room with the door closed. There were bottles left in that room that were emptied when he saw them, and he knew they were taken in by Saxton, because no one else could have taken them in there if he had not. “At one particular time, when my wife was out at Inwood, Mr. Saxton got a livery team and cutter and started to take Mrs. George to Inwood to see my wife and her folks, but the roads were so bad that they turned around and came back.” 162 CANTON'S GREAT TRAGEDY. - I know that Mr. Saxton and Mrs. George both spoke to my wife in regard to sending a valuable horse of his out here for Mrs. George to use. He also talked about sending the horse out here for sale ; sometimes he talked about sending it out here to sell, and for her to use both. I was asked by one or the other of them to try to see if I could sell this horse for him. I observed that Mrs. George was in his room very frequently, and I think I remember once, at least, of seeing him in her room ; but I would not be positive as to this. I do not know of any presents outside of the drafts that she received that I can recollect, except a box of Gunther's candy, which I understood was ordered by Mr. Saxton from Gunther to be sent direct to Mrs. George. In regard to cashing checks or drafts bearing the signature of George D. Saxton, the witness said he believed there was one draft of $100.00 drawn in his favor to get cashed, and returned the money to Mrs. George. The reason that it was drawn to him was that she could get the money better; it was not necessary then to have her identified. In regard to her dress, the witness said she dressed very well, but not elaborately. She wore no jewelry, but wore very good and becoming dresses. As to the matter of the horse above mentioned, Mr. Sax- ton and Mrs. George both spoke to him about the horse. In cross examination the witness said CANTON'S GREAT TRAGEDY, 163 he remembered the matter of the checks and drafts, but that he could not recollect anything in connection with it, but just merely had the recollection of such a transaction; but it was not plain enough in his memory to state just how he recollected it. Witness said he had knowledge of at least one check sent her by George D. Saxton, from the fact that he saw the check. This check called for $100, I am positive. I saw her use this money in various ways. She traveled some, and paid her travel- ing expenses herself, and she seemed to have money whenever she wanted to buy anything, and always paid for what she bought. I have seen considerable money in her possession from time to time. Mrs. Mary Foote is the wife of the former witness. She testified that she saw Mrs. George a number of times and became very well acquainted with her. She also spoke of the candy which Mr. Saxton had sent to Mrs. George, and to the making of the nightshirts, and a number of other things corroborated the statements of her husband, who had just testified. 164: CANTON'S GREAT TRAGEDY. CHAPTER XV. Tuesday afternoon court opened at one o'clock. The first witness called was Joseph Eckroate, the husband of the woman who testi- fied on behalf of the State that she recognized Mrs. George at the time of the shooting, and said she was able to identify her as the person who done the shooting ; that she was enabled to see her by the electric light and by other lights, which were on the place at the time the shooting took place. - This witness testified that he keeps a grocery store across the street from the Alt- house residence. That the night of October 7th, was very dark, that the light in his store on that night was a lamp which was upon the table in the rear part of the store; that he had heard the shots while he was at the store. He went out into the yard and saw his daughter standing at the gate. When asked what he had seen across the street he said, “I did’t see much of anything ; some men were across the street, but I did not recognize them as it was too dark. I did not go across the street. The limbs on the trees in front of my residence were lower than they are now. I CANTON'S GREAT TRAGEDY. 165 made an experiment since from the store room. I could not see across the street on the following night to recognize anyone at the point where the body lay. The following night, I with others, made ex- periments so as to determine what could be seen at that point. I placed myself in the same position my wife was in on the night of the shooting, and I could not see across the street to the Althouse steps without looking through a cherry tree. Upon cross examination the witness said that he had but one eye, but that he could see as well as most men; that he could see a great distance as well as he could before he lost his sight. He did not see his wife go into the room from the supper table. He said that his daughter had screamed when he went out into the yard and told her someone had been shot. There is a large light in the window of my grocery store in front, but it was not lighted that night; it was too dark to recognize anyone across the street. The witness further said, “I testified before the Grand Jury. I have talked with Mr. Welty and Mr. Sterling, and also with Mr. Pomerene since. I have not been trying to keep witnesses from testifying.” The witness made a decided impression for the reason that his testimony was frank and seemingly truthful, and he was cheerful and created considerable amusement among the 166 CANTON'S GREAT TRAGEDY. audience at his manner in the witness box. This testimony seriously effected the testimony of his wife, who had said that she could recognize Mrs. George, and who identified her as the person who done the shooting. John Berger was next called. He resides in the city. He was in the kitchen at his home reading a paper when he heard the shots. He said the leaves were falling from the trees at that time, but there were a good many leaves still on the trees. When the witness heard the shots he remained in the house a short time, and a boy came in and told him a man had been shot and was in front of the Althouse residence. The witness said, “I went over; there were several others there when I got there. I did not recognize who the man was until he was put in the patrol wagon. We lighted matches so that we could see. The street was not very muddy for I did not get any mud on my shoes. The night was very dark and cloudy.” On cross examination he said : An elm tree sheds its leaves earlier than a maple tree. The leaves had been falling ; I think about one- third of the leaves were off the trees. The body of Saxton was lying with the head down near the edge of the sidewalk. I went through the fields, or a vacant lot that night, and my feet did not get much muddy. There was a little mud on them but not very much. I did not get my clothes wet, but I did get some burs on my clothes. - CANTON'S GREAT TRAGEDY. 167 August Boroun is a son-in-law of Joseph Eckroate who had just testified. He clerks in the Eckroate grocery. He testified as follows: “Was at the back end of the store when I heard the shots. There was only a small lamp in the store; it was standing about fifteen feet back from the window. I went out and went across the street. There I saw a body lying on the sidewalk. I lit a match and saw that it was the body of George D. Saxton. I had seen him before; he came to the Althouse place several times a week. The night was very dark and cloudy. I could not recognize anyone across the street. There were no lights about there that shone upon the spot where the body lay. There was a light at Third street, but it did not shine on Saxton. The trees were in the shade so that the body could not be seen. The body lay in the shade of these trees. * I have made an examination of the con- ditions that existed that night between the third window of the Eckroate residence and the Althouse steps. I leaned out of the window on Monday to determine whether I could see to the south side of the steps. On account of a tree that was there, I had to lean far out to see the steps.” On cross-examination he said that the leaves were falling from the trees, but one-half of them had not fallen as yet. Witness said that the big lamp in front of the window of the Eckroat store was not lighted that night. The 168 CANTON'S GREAT TRAGEDY. limbs of the trees hung down somewhat low. In making our experiments we tried to de- termine whether or not a person could be rec- ognized across the street, and we found they could not ; you could not recognize anyone. Mrs. Francis Bederman was next called. She is the wife of Henry Bederman, and lives near Lincoln Avenue. She heard the shooting the night of the murder, that it was a very dark night. The ground was damp and muddy. It was so muddy that it would stick to our shoes. I could not recognize anyone across the street. I could not recognize Mr. Saxton until a match was lighted. I had seen Mr. Saxton about the Althouse place. I had seen him come there often. He seemed to go in and out as he pleased, and he seemed to have a key of his own. On cross-examination she said that the people around Saxton's body obstructed her view of the body, and the leaves on the trees interfered with the view. “I have known Mrs. George about five or six months. I have called upon her since she was in jail. I never seen her about the Althouse residence that I remember of. I did not know her prior to the murder.” Charles Huth testified that he is an express messenger. He said he was in the habit of meeting trains at the Valley Railway Depot. “The evening of October 7th, I met the train going south. It was the last ATLEE POMERENE, Prosecuting Attorney of Stark County. CANTON'S GREAT TRAGEDY. 169 day of the Akron fair. It was 5:56 o'clock when I first saw it. It came in and stopped four or five minutes. I did not notice that the rear coach obstructed traffic on Tuscarawas Street. I got my stuff off of the train, loaded it on the wagon, and then started away. The car was going west after the train pulled down. It stopped before crossing the railroad track. It was 6:04 or 6:05 o'clock when this car crossed the railroad track. I did not see Mrs. George on the street car going west. I did see Mrs. George coming up with the officers later in the evening near the Valley Depot. I saw her pass with the officers; she was holding up her skirt on account of the wet or mud. I looked at her skirt as she was passing, but saw nothing unusual about it. It did not appear to be soiled or muddy, as though she had been off the sidewalk. Mrs. Huth, the wife of the former witness, had accompanied her husband to the Depot that evening, and she testified to substantially the same as her husband. At this point Court adjourned until 8:30 o'clock Wednesday morning. Court promptly convened at 8:30 o'clock. From the line of defense made Wednesday morning, it was apparent that the main point in the defense would be to prove an alibi. In other words, it was said Mrs. George would not only deny having killed George D. Saxton, but she would go further and try to prove that it was 170 CANTON'S GREAT TRAGEDY. an impossibility to have committed the murder. The tactics of her attorneys had been such as to keep the State mystified, and this line of action made the prosecutors unable to prepare any special line, or to combat any particular or definite defense. They made an effort during the day to have the attorneys for Mrs. George show their hand, but the attorneys for the defense were too cautious, and refused to commit themselves. Efforts were made to show that Saxton had a number of pistols in his room; several of them of the calibre of the weapon with which he was killed. This evidence was objected to, and Judge Taylor demanded to know if it was pro- posed to connect this fact with the shooting as had been intimated by Counsel for the defense. At this critical moment they gracefully with- drew the objection, leaving the State’s At- torneys still in the dark. sº --esº- CANTON'S GREAT TRAGEDY. 171 CHAPTER XVI. The evidence submitted on Tuesday, in support of the alibi, was very strong, and more evidence of that character no doubt was ex- pected to be produced that day. One of the interesting incidents of Tuesday was the ar- rival of Sample C. George, the prisoner's former husband, in the city, with Howard George, his youngest son. They were joined by Newton George, the oldest son, who had been with his mother daily since the trial commenced. Howard George went at once to his mother. It was not known as yet whether Mr. George would be placed upon the stand. Mrs. George was prompt in her appearance in court, and took her place at the Counsel table between her attorneys, as usual. She looked somewhat careworn but confident. The long, tedious trial was having its effect upon her. After a few minutes conversation with her attorneys the next witness was called. Jacob Adams testified that he was working at Kensington Place on the day of the murder. He came in from his work about six o'clock in 172 CANTON'S GREAT TRAGEDY. the evening. It had been raining that evening; the ground was wet. He waited at the Marble shop, near the entrance of the cemetery, and then went home along the west side of Lincoln Avenue. He met a man going west on West Tusca- rawas Street; it was George D. Saxton; the witness asked him if he had been to the Minerva Fair. “I passed a man half way between Third and Tuscarawas Streets at six o'clock,” the witness continued, “I did not know him at the time and it was too dark to recog- nize him. A little later I met Saxton on Tusca- rawas Street. The night was very dark. I met Mrs. George at Lynch and Tuscarawas Streets, about eight o’clock. She was walking west and appeared natural. I did not see any- thing about her to attract attention.” On cross-examination witness detailed where he had worked for a number of years. “On the day of the tragedy,” he said, ‘‘the workmen lost an hour and a half in the after- noon by rainfall.” He further said that he had quit work about six o'clock sun time, and stopped at the Marble shop for a half hour. The witness was cross-examined critically about the man he said he had met on Lincoln Avenue. He said it was about half way down the Avenue. “I know,” the witness said, “a great many people in the City, but I did not know the man I met. I knew Saxton very well; he was on Tuscarawas Street when I CANTON'S GREAT TRAGEDY, 173 - met him. I have talked with the Counsel for the defense about this case. I went out with others to hunt for a revolver. I talked with the Prosecuting Attorney about the case but I did not tell him about the man I met on Lincoln Avenue for the reason that he did not ask me; neither did he ask me about meeting Saxton. He seemed to be anxious to inquire about Nauman when he talked to me.” Ex-Mayor George Rex was next called. He had made an experiment at the Eckroate house for the purpose of determining whether it was possible to see from the third window of the house to the Althouse steps. He said a tree was directly in the way. He described the tree and said he leaned over the casing of the window and the Althouse steps were directly through the tree. Witness said that he had stood outside of the window and leaned his head against the casing to try the line with which he had made the experiment, that he could not see the ground south of the steps, from where he stood. Several other witnesses testified to obser- vations made, and who had experimented for the purpose of determining the probability of the testimony of the witnesses who testified that they had seen the person and identified her at the time of the murder. Frank Hildebrand said he lived in the west part of the city, was at home the night of the tragedy, he heard the shots and went to the 174 CANTON'S GREAT TRAGEDY. scene. Some woman said to him as he was on Lincoln Avenue, “My God, there is a man lying there dead.” The night was very dark, I could not recognize anyone across the street. I could see the body of Saxton, but could not recognize him. I went across the street, but could not see who it was until I lit a match. I would say that it was an unusually dark night, it had been raining up until five o'clock. The soil about the place, where the body lay, was muddy. Witness said he could not have seen a woman standing on Lincoln Avenue, if she had not worn a light skirt. He went across the street because the woman told him where the body was. The witness described the condition of the body, and said there was no light shin- ing from the Eckroate grocery. Upton Shutz was next called. He lives on West Tuscarawas Street, he said that it was raining on the day of the tragedy, and that it was a foggy night. He had been gunning during the day, and had come home by way of the Valley Railroad track. The ground was wet and muddy, the trees had leaves on them, the foliage on the trees in the western part of the city was quite dense. I noticed burs along Tuscarawas street about that time; there were plenty of burs between Lynch and Newton streets on a vacant lot: between the bridge and the Valley track, there were burs along the south side of the street. There were some near the Benskin property and the Oberlin property. -- - CANTON'S GREAT TRAGEDY. 175 I saw Mrs. George on that night about 8:15 o'clock. She was walking west on the street. Adam Jackman was next called. It will be remembered that C. C. Loyd had testified on behalf of the State, to a conversation he had with Mrs. George in the presence of Jackman. Lloyd testified that Mrs. George had threatened Saxton with violence on that oc- casion. Jackman on behalf of the defense stated that he knew Charles Lloyd, that he was at Mrs. George's house with Lloyd and Mrs. Streeter. Lloyd and I went there together and came back together. I heard a conversation between Lloyd and Mrs. George, it was about a sui; that Saxton and Mrs. George had. Mrs. George did not say to Lloyd that she would kill Saxton. She did not say anything about that. I was at the Saxton Block one time to serve some papers as constable. Saxton ordered me, as an officer, to put Mrs. George out of the block. I went into the room where the goods were that I was to seize in a replevin suit. Mrs. George said to me that she thought she had a right to go in where the goods were. The replevin suit was brought by Mrs. George against Saxton to recover the goods. Saxton said that he had a note for $300 against Mrs. George, and it was a lien on the goods. Mrs. George and Mr. Werntz left the building with me. I heard Saxton testify upon the trial of that case. He said Mrs. George owned the 176 CANTON'S GREAT TRAGEDY. goods but he had a lien on them. I did not hear all of the testimony in that case. I was there while Saxton was testifying. I heard Saxton speak about some letters. The letters were shown him upon the trial, and he said the letters were written by him to Mrs. George. When Saxton was shown the signature to the letters he said that they were his ; that he had signed the letters; they were in typewriting, but Saxton had signed his name in ink. When court convened at one P. M., the witness, Jackman, was called for further ex- amination. He said “Mrs. George told Saxton that she had goods in the room in the Saxton Block that her mother had given her, and she thought she was entitled to them. Saxton said they would be worn out before she would get them by process of law. She said something about her sewing machine, and Saxton said something had fallen on it and broken it. Grant came in while they were talking about the machine, and Grant said, “She has taken everything but the paper on the wall, and now she wants that.’” Witness then spoke of another conversation that took place when he and Mrs. George went to the block to replevin the goods. “I went into Saxton's office and spoke to him about the papers I had He said I could not go into the room where the goods were. I said I would have to go in and if he did not give me the key, I would have to break in the CANTON'S GREAT TRAGEDY. 177 door. He said I might go in, but Mrs. George could not go in. She said she had a right to go in there as it was her home, and the only home she had. Saxton said he did not want her around the block at all. Saxton’s manner was very abusive, and he was angry. Mrs. George was excited and positive in her manner. She made no threats against Saxton, and I do not recollect just what she said.” I had a talk with Mrs. George about Saxton. Another conversation was inquired about, but was objected to and the objection sustained. The witness was cross-examined. He said, “I do not recollect of Lloyd having such a conversation as he has related.” He said the goods were not all enumerated in the writ. I do not know that I said to you, that if her writ was not definite enough it would not be necessary for you to take Mrs. George into the room. You may have said something of that kind, but I do not remember it. I did not take more goods out of the room than the writ called for. I did not know Mr. McKinley was coming home the day that this suit was com- menced ; I didn’t know anything of the kind. This testimony was objected to by Counsel for the defense, and the court ruled that it was not competent. Counsel for the State claimed that it was competent to show that the suits were brought by Mrs. George against Saxton for the purpose of annoying him at the beginning of Mr. McKinley's Presidential 178 CANTON'S GREAT TRAGEDY. campaign. The testimony was excluded by the court. Mr. Welty remarked, “We don’t want to bring the relatives of Mr. Saxton into this suit, but since you desire it,” addressing Counsel for the State, “we will open the door if you want it open.” This was the first time that Mr. McKinley's name was mentioned during the trial, and it came from the prosecution. The witness further said that Saxton had told him that Mrs. George must pay the note which he held against her for $300, before she could get her goods. Witness denied that he had harassed Mr. Saxton with a bill for costs, and said he had nothing against him. An effort was made on the part of the Counsel for the defense to show by this witness that other women had visited Mr. Saxton, in the Saxton Block, during the time that he and Mrs. George were having their trouble, and a number of witnesses had been subpoenaed for this purpose. This line of testimony was objected to by the prosecution, and the ruling of the Court upon this question necessarily shortened the trial, as this testimony was excluded. The Court held that if it was intended to show that the prisoner was at times in a state of frenzied emotion, it must be shown that it was on account of the Althouse woman alone, and that other women were not to be dragged into the case. This would prevent these witnesses CANTON'S GREAT TRAGEDY. 179 from being called. - Katie Groetzinger was next called. She had been employed in the Zoar Hotel. She testified that Saxton and Mrs. George were at the Hotel. They had rooms with a door com: municating between them. Saxton had fre- quently been at the Hotel and Mrs. George had been there twice. Witness did not know how long Mrs. George remained there, and she did not know that they occupied the same room. * I heard a conversation between Saxton and Mr. Ruff about the propriety or impropriety of them being together there at the Hotel. The conversation was not about Mrs. George; it was about—an objection was here interposed and the remainder of the sentence was cut off. It was a narrow escape for some person that Saxton was talking about. Adam Sheppard was next called. He had formerly been janitor of the Saxton Block, and now lives at Coshocton. He described the rooms of the Saxton Block and the manner of reaching them. He said he had often seen Mrs. George about the Block. On one occasion, in 1896, Saxton was at the St. Louis Convention. Mrs. George went into his office and examined the waste paper basket. She picked out some scraps of paper, wrapped them up in a news- paper and carried them away.” The witness was asked if there were any other women who frequented the Block, “Do you intend to show they visited Saxton, for unlawful purposes,” 180 CANTON'S GREAT TRAGEDY. asked the Court. “We don't care what they visited him for’’ said Mr. Welty, all we want is to show that they were there. We expect to show that when W. F. Cook said he saw Mrs. George with a revolver, that he was mistaken and that he saw some one else.” “Well it must be near the time that was fixed by the witness Cook,” remarked the Court. The testimony did not then develop as was expected, and the testi- mony that was given upon that point as to the names of other women other than Mrs. Alt- house was excluded. Several other witnesses were called to testify that the night of October 7th, was very dark. Charles Sommers (colored), who now resides in Columbus, was next called. He testified that he knew Mrs. Althouse, and that he had seen her about the Saxton Block, witness said, he supposed a hundred times. She did not have any regular time of going there that he knew of. She would go there at any time of the day or night, and go to Saxton's office. I have never seen her there in the morning ; yes I saw her go out of the office at six o'clock in the morning, I know of them taking their meals there on Sundays. I would smell the coffee and the cooking, and would very often find a basket of dishes and empty beer bottles. I did not see Mrs. George there. I have seen other women go through the halls often. He said he had no feeling against Saxton. CANTON'S GREAT TRAGEDY. 181 At this point the defense called a witness who was of more importance than any yet called by them. This witness was Mrs. Lena Lindeman. Mrs. Lindeman had been engaged at the Saxton Block during the life-time of George D. Saxton. It was her duty to take care of Sax- ton's office and sleeping room, and to do his laundry work. She was also a very good friend of Mrs. George. Mrs. George had been in the habit of visiting the house of witness, who done her washing at times. If the testimony of this witness was true, it could not have been possible for Mrs. George to have been at the scene of the murder at the time it was said to have occurred ; consequently her testimony was of the greatest importance. She said she lived on South Market St., No. 1525. That she had charge of Saxton's rooms. She did the laundry work for the rooms. There was a folding bed in the private office. At one time the partition between rooms 7 and 8 was down, so that these rooms communicated. It was attempted to prove by this witness that Saxton had revolvers about his rooms and carried them up to a time shortly before his death. The Court ruled that this was not competent unless it was claimed that the shoot- ing was accidental, or that there was an element of self defense in it; the defense was not pre- pared to take that position, and the Court excluded the testimony. 182 CANTON'S GREAT TRAGEDY. The witness said, “I seen Mrs. George on the day of the 7th of October. She came to my house at 12 o'clock that day, and remained until 5:30 o'clock, my house is on South Market St. near the Valley Railroad crossing. When Mrs. George left my house I handed her cape to her ; there was no revolver in the cape. If there had been, I would have known it. I had been washing for Mr. Saxton that day. I washed his clothes. Mrs. George helped me some. The tidies for the office needed some trimming, and Mrs. George trimmed them ; while she was engaged at that she said, “Now you see if he takes notice to this being trimmed.” She said “when Toby (meaning Saxton) is settled he will marry me, I know he will not go back on his word.” “I examined Mrs. George's waist and dress while she was there that day. There were burs and spanish needles in the back part of my lot. “Mrs. George went out through the lot at one time.” Witness was here shown the revolver that had been offered in evidence, and she said it could not have been on Mrs George's person when she was at her house. “Mrs. George was in good spirits,” the witness said, and seemed happy when she left my home.” On cross-examination witness said that Mrs. George had walked up from her house, she said she would not take a car as she had time to walk and arrive at supper time at the Star Restaur- ant. There was a big crop of Spanish needles CANTON'S GREAT TRAGEDY. 183. and burs in her yard. - J. C. Moore was next called. He said that he was a collection and insurance agent, and that he had called at the home of Mrs. Lindeman and that Mrs. George was there. This was between four and five o’clock. Jacob Lindeman also testified to the spanish needles and burs in the lot at his brother’s house. He described the lot and its surroundings. Court then adjourned until Thursday morn- ing at 8:30 o'clock. Mrs. George appeared at the hour to which Court had adjourned looking somewhat refreshed, she appeared to be feeling better than on Wednesday morning. \S’ \9)/ e = 184 CANTON'S GREAT TRAGEDY. CHAPTER XVII. The first witness called on Thursday morn- was J. C. Eymann, an expert. He is Super- intendant of the Newburg Hospital, and was called for the purpose of giving testimony as to the effect the opium or morphine habit has upon a perSOn. It will be remembered that Mrs. Eckroate, testified that she had recognized Mrs. George at the time of the murder, and also admitted on the stand that she was addicted to the use of opium. Dr. Eymann said that a person addicted to the habit is unreliable as to truthfulness; the length of time required to fix the habit depends upon the individual, but the rule is for physicians not to prescribe the drug for more than thirty days at one time. The person using the drug is subject to halluciua- tions and they resort to every artifice for the purpose of obtaining the drug. On cross-examination the witness said that he did not know of a case where a person took opium regularly without a noticeable effect that they usually became haggard and pale. It is possible for a person to use opium for years without it becoming noticeable but such is not JAMES J. GRANT, WHo Assisted IN THE Prosecution. CANTON'S GREAT TRAGEDY. 185 my observation. I have had experience with the insane, the per cent of opium patients is small in insane hospitals. The woman is not likely to do her own housework in the same manner as usual after taking opium for years. The effect of the drug leads finally to halluciua- tions. Witness described this to be a sort of idea created by the brain without external effort, and one imagines that she sees something that does not exist. - The length of time as to the use of the drug varies before they suffer such vagaries. Unreliability and disregard for the truth are among the first effects. The habit of untruth- fulness is not confined alone to an effort to get the drug. - Alva Whipple was next called. He lived on West Third street, his residence is near Lincoln Avenue. The witness said, “I was in the rear room of the house when I heard the shots. I went over to the Althouse residence right away ; a small number of people were there; I was there before the patrol wagon arrived. I saw an inanimate object on the ground; it was necessary to have a light before we could recognize what the object was.” The witness testified that he had made an examination of Lincoln Avenue and the number of trees on the street, and he testified that it would be next to impossible to see the place where the body lay from the Eckroate 186 CANTON'S GREAT TRAGEDY. house. Other witnesses were called upon the same object. W. B. Deweese testified that there were burs and Spanish needles growing on a vacant lot near his home in the vicinity of the Ober- lin house where Mrs. George had her room. Mrs. Maud Randall also testified to the same thing. Several witnesses here testified that burs and Spanish needles could be seen on Tuscarawas street. Squire F. H. Darr was next called, and testified about a replevin suit between Mrs. George and George D. Saxton. “ Saxton testi- fied in my court,” the witness said, “during the trial some letters were offered in evidence. Saxton testified that the signatures to these letters were his signatures. One of the letters was in typewriting and the other was in his hand writing.” Saxton was inquired of upon the trial as to the ownership of the goods, and he said some belonged to him and some to Mrs. George. “I wrote the letters,” Saxton said. During the cross-examination the Prosecu- ting Attorney arose and said that the witness was looking at the defendant, Mrs. George, and that she was shaking her head and making signs to the witness whether to say “yes” or “no” to the questions. Mr. Welty on the part of the defense said that nothing of the kind had occurred, and protested against such a statement by the Prosecutor, and asked CANTON'S GREAT TRAGEDY. 187 that it be excluded. The court immediately ordered that the statement be excluded from the record. The next witness was James Huddell, a clerk in the Hotel Federal, of Allegheny, Pennsylvania. He testified that he knew Mrs. George, had seen her at the Hotel Federal, he did not know George Saxton, but when he was shown a photograph of Saxton he said that he and Mrs. George came together to the hotel and asked for a room ; they were given room No. 8. He said the gentleman had a hat on when they came in but he left his hat in the office. They registered as “G. B. Smith and wife, Toledo, Ohio.” The register of the hotel was here pro- duced and he was asked to point out the names on the register. He said the leaf had been taken out. This leaf was attached to a deposition that was wanted in Canton, and was returned to the hotel. It afterwards got lost in some way ; the date of the leaf was March 24th, 1896. On cross-examination the witness said he did not intimate that the leaf was destroyed by anyone interested in Mr. Saxton. It was destroyed by parties around the hotel who cleaned up, he thought. He further said that Mrs. George went with Saxton to the room; she made no objection that he noticed. The witness had seen a photograph at the hotel and also at Mr. Sterling's office. 188 CANTON'S GREAT TRAGEDY. Freeman Lesser, of Canal Fulton, testi- fled that he is a school teacher and weigher of mails. That he was at the Hotel Federal and a man who looked like Saxton's photograph was there ; that Mrs. George came into the dining room with Saxton and they eat break- fast together. He had since met Mrs. George at the jail about a month ago. On cross-examination he testified that he was in Pittsburg on business at the time, that he went over to Allegheny and there saw the parties. He said Mr. Saxton was a man of good appearance, and he was about five feet, nine inches tall. “I was attracted to the circumstances on account of the woman who was with the man, she was a mighty fine looking woman, she was an attractive woman. I am not married. The next I heard of Mr. Saxton was when he was shot. I did not know his name when I saw him at the hotel. I saw his picture afterward in the papers.” Mrs. William H. Miller was next called. She testified that she had seen a man on Linden Avenue. “It had grown dark and I went out to call my little girlin. I noticed a figure ap- proaching very rapidly, I thought at first it was a woman, but as it came in sight under the light I saw it was a man with a mackin- tosh on; the mackintosh had a cape. The man continued to walk rapidly. This was about 6:30 o'clock in the evening. I did not recognize CANTON'S GREAT TRAGEDY. 189 the person nor know who it was, it was no one that I had ever seen before. It was a dark, hazy night. She further testified that she had resided in Canton for twelve years, and was married about eleven years ago. Prior to that time she lived in Cleveland. On cross-examination she said that the man she saw wore a light straw hat, with a black bandon. The light was a Sun Vapor light on the street. The man came from the direction of the water works park to Newton Street. The witness said she lived two doors west of Newton Street. Every effort was made to con- fuse the witness, but the story she told seemed to be entirely true The testimony was sensa- tional in its character, and it had a great effect on everyone who heard it. The witness said she had never talked to Mr. Welty until that afternoon, and that she did not know Mr. Sterling or Mrs. George. W. O. Werntz was next called. This witness it will be remembered gave testimony for the State. He testified that he knew Mrs. Finley; that at the hearing of the case of Mrs. Finley against Mrs. George before Squire Robertson, that Mrs. Finley said that she never knew Mrs. George had a revolver, and if she had one that she, (Mrs. Finley) would have known it. Mrs Finley also testified at that time that Mrs. George was entirely harmless and would’nt hurt a cat. Witness was also asked about the hearing in Squire Darr's 190 CANTON'S GREAT TRAGEDY. Court when the letters from Saxton to Mrs. George were presented in the replevin case. He was shown a copy of these letters, they were printed in the Stark County Democrat. Mr. Werntz identified them from the files of the Democrat, and he said that Saxton had said on that trial that the signatures to the letters were genuine; that they were his signa- tures. Mr. Weintz further testified that he had been with Mrs. George and the Constable at the Saxton Block during the time of the last replevin suit. “Saxton and Mr. Grant told us there that we could not go into the rooms and they ordered us all out of the block. I told them that we would go when we got ready, and if they did`nt open the door so we could get the things, we would kick the door down. They then conferred together, and it was finally agreed that we could remain in the Block. I insisted that Mrs. George should go in and pick out such things as belonged to her. On cross-examination Counsel intimated that the first replevin suit was filed by Mrs. George, so as to get into the rooms and see what was there, so that another suit could be instituted afterward. Mr. Werntz denied this, and said that such was not the case. He said that the letters from Saxton to Mrs. George were turned over to Mr. McLean, and he de- clined to give them up. Miss Fannie McLean was then called. She is the daughter of Attorney McLean who is canton's GREAT TRAGEDy. 191 now deceased. She identified the letters pub- lished in the News-Democrat at that time. The originals, she said, were in Mr. McLean's hands at one time, but that they had dis- appeared from the office since. She said her father had looked for them several times but could not find them. Squire J. H. Reigner was then called. He testified that at the time of the replevin case, in Squire Darr's Court, that he was a reporter on the News-Democrat. He testified that he copied the letters before referred to, carefully, and turned them in to the city editor of the Democrat. He looked over the proof after- ward, and found that the letters were correctly printed. He identified them in the files of the Stark County Democrat as the same that he had seen in the Justice Court. Here the letters were offered in evidence. Objection was made by the Prosecution on the ground of improper identification. The Court held however that the letters were admissable and they were read to the Jury. - Mr. Welty then stated that he wanted the documents that set forth the terms of the settle- ment between Saxton and Mrs. George. He further stated that Mrs. M. C. Barber, a sister of Mr. Saxton, had been summoned, and that the summons called for that settlement among other things. That since it was served upon her, that her attending physician filed an affi- davit that Mrs. Barber was too ill to come into 192 CANTON'S GREAT TRAGEDY. Court. Counsel for the defense then desired to have her deposition taken, and Counsel for the State objected to this, stating that they had no knowledge of a settlement in 1896, nor at any other time, and declined to permit the State to be held responsible for it; being out of Court. Mr. Welty said that in Allegheny, Saxton and Mrs. George had an agreement as to the withdrawal of certain suits that were then pending. This settlement was reduced to writing, and that they now wanted it in Court upon this trial. Newton George was next called. He is a son of the prisoner and has been very much in- terested in his mother’s case. He testified that he now lives in Alliance, and is now seventeen years of age. “I lived in the Saxton Block,” the witness said, “in this city, on the third floor, and I lived with my father and mother then. I know Mr. Saxton and saw him often at our rooms. I would see him most any time during the day. I do not believe that my father knew that he visited us or when he visited us. We afterward moved to Ninth Street. I did not see Mr. Saxton at the house on West Ninth Street after we moved. After that some time, we went to Hanoverton, and then we came back again to the Saxton Block. My mother, my brother and myself moved into the Saxton Block at that time. It was in 1890, I think. Mr. Saxton came to see us very often. I remember the separation of my father and CANTON'S GREAT TRAGEDY. 193 mother when we lived on West Ninth Street. Mr. Saxton often came to our rooms when we lived in the Saxton Block the second time. We had two rooms as I remember, one we used for a kitchen, and the other for a sitting room and bed room. Mr. Saxton gave us boys candy and other presents. He gave mother candy and fruit also. Both rooms were used for sleeping purposes, my brother and Islept in the kitchen most of the time. Mr. Saxton would often order us to bed.” “Saxton and mother were very friendly to each other. I have seen my mother sit on Saxton's lap often. Mr. Saxton frequently took his meals with us, and he and mother went out riding together.” The witness was cross-examined briefly. He said he did not recollect a woman by the name of Theresa Hull, neither did he know whether she was in Saxton's Block or not. He was nine or ten years old when they lived there the last time, and three or four years when they lived there the first time. Here Court ad- journed until 8:30 o'clock Friday morning. 194. CANTON'S GREAT TRAGEDY. CHAPTER XVIII. Court met pursuant to adjournment, and the first witness called by the defense was Joseph Eckroate. He is the husband of the Mrs. Eckroate whose testimony has heretofore been given. He was asked as to the condition of his wife, and as to conversations he had had with her concerning her use of morphine. “I first saw her use a white powder, at Navarre; she used this powder very often. She began the use of morphine at Navarre. The powder was wrapped up in paper. She has been using the drug for ten years. My wife, myself and the children live together. It had a very peculiar effect upon my wife; it made her drowsy and irritable, but not so much then as it has 1ater on. We afterward moved to Canton. I have seen her use this powder since we came to Canton. It resembled in color and appearance what I saw her use at Navarre. The paper that contained the powder was in the pos- session of my wife. It made her drowsy and irritable, and her memory is not as good as it used to be; she is getting worse all the time in a good many ways.” CANTON'S GREAT TRAGEDY. 195 The witness seemed as though he did not care to answer the questions, but he was told that he must answer the questions that were asked. He said that the drug had done his wife a great deal of injury. He said that Mrs. Eckroate was his second wife. “We have not had many family troubles. I have no feeling against my wife. I did not oppose her giving her testimony on behalf of the State in this case. I did not say that she knew nothing about the case. I did not tell Mr. Pomerene that the drug had any effect on my wife.” On re-direct examination the witness said that he and Mr. Pomerene talked over the question of the morphine at his store a couple of days ago. That he told the Prosecutor there that the drug made her drowsy and irritable. Dr. E. J. Schlabach was next called. He said that he had been in the Court room a day or two ago and saw Mrs. Eckroate, “I had seen her before. I think the first time I seen her was about seven years ago. She used to be a very good customer at my store; she bought morphine. It is a very white powder, almost like quinine in appearance. Three or four years ago she used to buy it as often as once a week, or once in two weeks. She has not bought much of me lately. She said she was buying it for somebody else. She got it elsewhere also.” Witness showed a bottle of morphine holding fifty cents worth, an eighth of an ounce. She bought it in bulk. 196 CANTON'S GREAT TRAGEDY. Mr. Garver, of Navarre, also testified to selling her morphine when she lived at Navarre. Miss Effie Darr was the next witness. She said she had been to school on the day of the tragedy, and that she had left the square at 5:05 o'clock P. M. “I met Mrs. George at the first street south of the Ft. Wayne Railroad, on South Market St. She was coming up town. I think it was about twenty minutes after five when I first met her. Mrs. Ellen Fink testified that she resides near the Valley Railroad, on South Market St., near the home of Mrs. Lena Lindeman. She saw Mrs. George at the Lindeman home in the afternoon going through the back yard. Later she saw her standing at the side porch talking with Mrs. Lindeman; that was about 5:30 o'clock. She also said there were lots of Spanish needles and burs in the Lindeman lot. When the name of Florence Klingler was called there was a suppressed excitement in the court room. It had been known for two or three days that an effort would be made on the part of the defense to prove an alibi, and that this witness was to testify to facts which would establish that defense. She took her place upon the witeess stand. She was a very respectable looking lady. She was well dressed, and made a good impression. She said in answer to questions, “I have known Mrs. George for several years ; I roomed at Mrs. Finley's house when Mrs. CANTON'S GREAT TRAGEDY. 197 George lived there. I was very well ac- quainted with her. I went with her to the Saxton Block at one time. We met there a colored man whom they called Shep.' I did not remain. I went up town then and later I went home. The last time I saw Saxton was on the night of October 7th, the night of the murder. I was going west on Tuscarawas street. He passed me in front of the New Bank Building. I was out off the pavement going around the rubbish that was occasioned by the erection of that building. Mr. Saxton passed right beside me on his bicycle. I walked on to Cleveland Avenue, he went on the west side, and I went to my home on Marion street. I was just unlocking the door when the clock struck six. I remained there until seven thirty o’clock. Mrs. George came to my house, as near as I can remember, about twenty or twenty-five minutes after six. She left my house a little after seven o’clock, and said she was going to Mr. Sterling's office. While she was at my house Mr. Howenstine came in.” The cross-examination of Mrs. Klinger was severe, but her testimony was not materially affected. An effort was made to discredit her testimony, by showing that she had been divorced from her husband on the ground of unfaithfulness, and some very in- sulting insinuations were flung at the witness, but she answered the questions in a modest, 198 CANTON'S GREAT TRAGEDY. unassuming manner, which left a good im- pression on those who heard her. The pecul- iarity of the examination was that the State claimed that the testimony of the witness did not only not effect them, but that it was in the main correct, because it showed that Mrs. George was in the vicinity of the place where the revolver had been found, and that no other testimony had placed her so near that place as the testimony of this witness; but the peculiar point of this examination was that the State asked her to be believed as to the position they occupied, and to be discredited as to what she said about the alibi. The next witness was Ira Howenstine. He testified that he was at Mrs. Klinger's house on the evening of October 7th; that he got there about six thirty-five o'clock, that Mrs. George was there when he arrived; that there was nothing unusual about Mrs. George's appearance, and she seemed about as she always did. He held a conversation with her, and she talked in her usual manner, and showed no excitement that he could see. On cross-examination he said that he had an engagement with Mrs. Klinger at six thirty o'clock, and that he knew positively that it was no latter than six thirty-five when he got to the house; that he thought he was about five minutes late. He was asked if he did not contribute to the support of Mrs. Klinger and he answered CANTON'S GREAT TRAGEDY. 199 most emphatically that he did not. After a number of questions upon further examination the witness was excused. Another witness testified that he was as- sociated with the management of the Zoar Hotel, a place of resort about twelve miles from Canton. That Mr. Saxton and Mrs. George came to the hotel at one time and re- mained about a week. They occupied the same room together. The same witness also testified that Mr. Saxton and Mrs. Althouse had come to the hotel last snmmer. They came there on their bicycles. Michael Burke was next called. He knew Mrs. Eckroate. He lived at Navarre during the time they lived there. He said that Mrs. Eckroate was in the habit of using morphine; that her step daughters were obliged to come to his house on several occasions for refuge because Mrs. Eckroate became so quarrelsome and abusive toward them. That Mrs. Eckroate had left her husband at several times and went to Navarre. He asked her at one time why she did not quit eating morphine; and shq said she could not quit the habit. Her husband came to Navarre at the time she left and tried to get her to go back. She said she would not go back unless she got some money, for the reason that he would not give her money when she wanted it. Her husband said that she would steal everything she could get her hands on to get morphine. Witness 200 CANTON'S GREAT TRAGEDY. said that the morphine caused her to become wild at times and drowsy at other times. On cross-examination he said that he lived at Barberton, that he had lived a private life for the past three years, that he used to keep a dry goods store at Navarre, that he had a saloon in connection with his dry goods store. The witness was asked many questions by Mr. Grant, who insisted upon an answer. “I am going to have an answer,” Mr. Grant said, “if I can get authority in this Court.” Whereupon the court sternly looked at the at- torney and said, “What do you mean by that remark º’ “I want nothing, but I want the witness to answer,” said Mr. Grant. The wit- ness left a good impression and his testimony was not shaken upon cross-examination. Miss Laura Burke, of Barberton, was also examined. She is the daughter of the former witness. She said she knew Mrs. Eckroate and knew that she took morphine, that she wanted to give out the impression that she did not use it. She ran away from her husband at one time and went to Navarre. The witness said that she had taken a knife away from Mrs. Eckroate at her home at one time. Mrs. Eck- roate's daughter told her at that time that if she was not crazy with morphine that she would not have acted so. She tried to kill her daughter with a knife, and throwed her down the stairway. After awhile she became quiet and the next morning she did not know what JOHN C. WELTY, WHo DEFENDED THE Accused. CANTON'S GREAT TRAGEDY. 201 had happened the day before. Mrs. Eckroate said that the morphine was the whole trouble; that she had tried to quit it but could not. On cross-examination witness said that Mrs. Eck- roate imagined things and related several oc- curances. She always acted queer, and the only time she appeared at all natural was real early in the morning. The witness did not know what her condition had been during the past year. The next witness was Sample C. George. It will be remembered that he was the former husband of Mrs. George. As soon as the name was called there was a great stir in the court room. Everybody was anxious to get a view of the former husband of Mrs. George. He came forward to the witness stand and took his place. He is a tall, thin man, about forty- five years of age, He has rather a plain face and in all is a respectable looking man. It was a strange scene. As has been heretofore stated he is married to another woman and resides in Alliance. There was a good deal of speculation as to what side of the case he would take. When Mr. George took the witness stand, Mrs. George immediately dropped her head and re- mained in that position until he left the witness stand. She did not look up, and at no time during his testimony did she look at the witness. He said, “I am a carpenter by trade, and live in Alliance. I married my former wife, the 202 CANTON'S GREAT TRAGEDY. defendant here, at Hanoverton. Our home was pleasant and happy until George D. Saxton came into it.” The boy Howard was then called by Mr. Welty, so that the jury could see him, and Mr. George was asked, “Do you recognize this boy, Mr. George?” He said he did, that it was his boy and that he was a good boy. On cross-examination the witness was asked whether James A. Saxton was living when he moved into the Saxton Block. The witness said that he did not know, that he had rented the rooms from George D. Saxton. “You say your relations have always been pleasant, Mr. George. Did you ever quarrel with your wife?” “Oh, we have had little quarrels like a man and his wife have.” Where were you at the time of the birth of that boy you say is such a good boy?” “At Salem.” “You were not even with her then?” “No, sir.” “How far is Salem from Hanoverton?” “Ten miles.” “You were not there for some time after the birth of this boy?” “I got there the same night.” “You had not been there for ten days or two weeks before?” “It was over two weeks.” CANTON'S GREAT TRAGEDY, 203 “Did she not complain to you then about your not being at home?” “No, sir; I left her in good care, I was at work.” “You did not have differences after that for some time?” “No, sir.” “Don’t you remember the time you wanted her to go away from you, and that you directed her to go back home?” “No, sir.” “You never had any differences after that!” “Only such differences as I have told you of.” After this witness had left the stand, Coun- sel for the defense requested the Counsel for the State to produce the paper which had been ex- ecuted at the time of the settlement of the case between Mrs. George and George D. Saxton. When Mr. Grant said he thought he had the paper in his possession, and would produce it. The court took a recess for fifteen minutes to en- able him to go to his office for the paper. He returned and the paper was offered in evidence. It read as follows: Received of George D. Saxton the sum of One Dollar, and other valuable considerations, the receipt of which is hereby acknowledged, in full satisfaction of all claims and suits against him whatsoever. By this is meant particularly the two replevin suits against him, and the breach of promise case now pending in the 204. CANTON'S GREAT TRAGEDY. Court of Common Pleas, of Stark County, Ohio. This settlement is in full of everything against him. (signed). ANNA E, GEORGE. It was claimed that the consideration named as “valuable consideration” was the additional promise to marry Mrs. George as soon as the case of Sample C. George against Saxton had been settled. Upon the introduction of this paper, Counsel for the defense announced that their testimony had all been offered, and that they then rested their case; thereupon Court ad- journed until 8:30 o'clock Saturday morning. At the opening of Court Monday morning, Counsel for the State requested that Mrs. Lizzie Miller, who had testified on behalf of the de- fense, should be called for further cross-examin- ation. A certificate was produced by her at- tending physican, sworn to, that said that she was too ill to appear in Court. It had been said that after she had testified a day or two before, and as she was leaving the court room, she had fallen in a faint and was taken home very ill. This certificate was pro- duced to show that she was not able to attend court without endangering her health. She was then excused. Surveyor Hoover was next called for the purpose of showing the distance from the scene of the murder to the Klingler residence. The Court permitted the Surveyor to testify to the distance, which he said was nearly a mile, some- CANTON'S GREAT TRAGEDY, 205 thing over 5000 feet. The State then sought to show other distances which the Surveyor could testify to, but they were regarded by the Court as immaterial and were excluded. Michael Barr was next called in rebuttal. He was the witness who testified to the hand writing of Mrs. George. He is an employe of the post office. He said that he had seen Mrs. George in the post office exactly at three o'clock on the day of the murder. It will be remembered that Mrs. Lindeman had testified that Mrs. George was at her house from noon until 5:30 o'clock in the afternoon. The witness was then shown two letters which he identified as the handwriting of Mrs. George. These letters were offered by the State, and upon objection by the defense, were excluded. S. A. Kirk was next called. He is the pro- prietor of the Star Restaurant. He testified that Mrs. George took supper at his place between four and five o’clock on the afternoon of the murder. - Sample C. George was again called. This time by the State, in rebuttal. He was asked to identify the contract of settlement between him and George D. Saxton. He identified the paper and said that it had been signed by Sax- ton two or three days before the murder. The paper was then offered in evidence. It read as follows: 206 CANTON'S GREAT TRAGEDY. SAMPLE C. GEORGE, vs. GEORGE D. SAxton. Canton, Ohio, October 4, 1898. Received of George D. Saxton, defendant in the above entitled action, the sum of Eighteen Hundred and Twenty-five Dollars ($1825.00), in full satisfaction of any and all claims and de- mands of any nature whatsoever against the said George D. Saxton, and more especially in full settlement and satisfaction of the claim and demand set out against the defendant in the case aforesaid, except Docket costs amounting to $13.59 to be paid by the defendant. It being further agreed by me, Sample C. George, for the consideration aforesaid, that the above action shall be marked “Settled without record.” (signed) SAMPLE C. GEORGE, by JAMEs STERLING, WELTY & ALBAUGH, and NAT C. McLAIN, his Attorneys. Dr. A. C. Brant was then called in rebuttal. He testified that he had made a special study of mental diseases, and had been called as an expert in several cases; that he had studied the effect of morphine on the human system, and had considerable experience in that line. He then said, “I have known Mrs. Eckroate for some years. She is the daughter of Dr. Sheets. She has nursed patients of mine. About eight years ago I first saw her as a nurse, I saw her at the time she testified in this case. I also saw her at Dr. Walker’s office Wednesday CANTON'S GREAT TRAGEDY. 207 evening of this week. I seen her also at her home. I made an examination of her with Dr. Walker. I examined her physically as well as mentally. Her pulse was regular and normal, her eyes were good, she read well, pupils re- sponded to light and her eyes were in a normal condition. Her nerves were normal, she had no muscular tremulousness, her walk was steady and normal; her memory seems to be very good, she remembers incidents of years ago, that I had forgotten myself. She was not nervous or excited in any way; she seemed in- telligent and correct in her answers. There was no expressions on her face that would indicate that she was anything but a healthy woman. If I relied on my examination, I would say that she never used any morphine at all. I did not see any symptoms of the use of morphine. On cross examination he was asked: “Is it not laid down as a rule that morphine users are unreliable 2" “Yes, that is the rule for those who use it to excess.” “Is it not true, doctor, that there may be no physical symptoms and yet the patient be an habitual user of morphine * “There may have.” Dr. A. B. Walker was next called on behalf of the State to testify to Mrs. Eckroate's con- dition. His testimony was substantially the same as Dr. Brant's. Court here adjourned until 1 o'clock Saturday afternoon. 208 cANTON's GREAT tragedy. Court convened at the hour to which it had adjourned, and the first witness called was Mrs. Nettie McAllister. She was asked about Mrs George's conduct with other men when she lived at the Finley House. The question was objected to and the objection sustained by the Court. Also Mrs. Griffin was asked the same question as to the conduct of Mrs. George with other men when she lived in the Saxton Block; this was also excluded. Two or three other witnesses were then called upon minor matters and their testimony was excluded. Thereupon at 2:30 o'clock Counsel for the State announced that their testimony was closed. Judge Taylor then said that ourt would be adjourned until Monday morning at 10 o'clock. He further said that owing to the great importance of the case he would not limit Counsel in their arguments, and that Counsel could arrange for themselves the order of the arguments. - Immediately upon the adjournment of court the crowd dispersed, and Mrs. George was es- corted to her room in the County Jail. She was surrounded by friends, and she seemed to have a good word for every person who spoke to her. She felt relieved that the case was at an end, so far as the testimony was concerned. She was cheerful, and expressed the greatest confidence that she would be acquitted. The CANTON'S GREAT TRAGEDY. 209 rebuttal testimony was not as strong as had been expected. The testimony as to the alibi was now left uncontradicted, and the jury had the full force and effect of it as given by the witnesses, The effort on the part of the defense to discredit the testimony of Mrs. Eckroate, who had testified that she had recognized Mrs. George as the person who did the shooting, was attacked by the prosecution. Drs. Brant and Walker testified in rebuttal that they had examined Mrs. Eckroate, and they could see no evidence that she had been an habitual user of morphine, and in that way strengthened her testimony to some extent, but several witnesses testified that she had used the drug for years, so that the testimony of the physician had but little effect. The rebuttal testimony in the main was dis- appointing to the State; and the case was closed favorably to the defense. Mrs. George realized this, and was cheerful and confident. She spent Sunday as usual in the jail. Several persons called to see her, and she ex- pressed herself freely to them, and said she was entirely confident she would be acquitted. She also spoke of her entire satisfaction with the conduct of the case. She needed a rest on Sunday to nerve herself for the attack which she expected the attorneys for the State would make upon her in their argument, and in all spent Sunday more cheerfully than any since the trial began. 210 CANTON'S GREAT TRAGEDY. Her case had been ably and fairly tried, the rulings of the court upon questions of law which arose during the trial from time to time, had been decided by the court fairly, and showed that the court was not only entirely impartial, but that he had studied the case carefully, and was thoroughly posted as to the law which governed the questions submitted to him. The fair and unbiased manner in which Judge Taylor presided was the subject of general comment during the trial. Never was there a case more carefully and impartially tried in the County than the case of the State of Ohio vs. Annie E. George. THE ARGUMENTS. CHAPTER xix. THE STATE. Court opened on Monday morning at ten o'clock. It was generally known that the evi- dence had been closed on Saturday, and that the arguments would begin at the opening of court on Monday morning. - The crowd of people at the opening of court was greater than at any other time during the trial, as there was a great anxiety to hear the arguments of the attorneys inter- ested in the case. Mr. James J. Grant opened the case on the part of the State. Mr. Grant arose and first addressed his argument to the court upon the questions of law involved in the case. He quoted at length from the authorities on the various degrees of murder, and especially dwelt on a case known as the Barberi case; this case is very much like the one at bar. It will be 212 UANTON'S GREAT TRAGEDY. remembered that several years ago, a young Italian girl murdered her lover in New York City. The defense undertook to show upon the trial of that case that the murdered man had seduced the girl, under promise of marriage. That when he was taken to task for his refusal to marry her she stabbed him to death. She was convicted of murder in the first degree, but the judgment was afterwards reversed and she was again tried, which resulted in a verdict of manslaughter. Mr. Grant claimed and empha- sized the fact that at no time in that case had the murder been denied, and the broken promises claimed by the defense, and the grief and frenzy which the defendant experienced on account of the breach of promise had provoked her, and this was admitted in evidence in miti- gation of the degree of the crime. He claimed that the introduction of such testimony in this case was equivalent to a con- fession; that Mrs. George had committed the murder, and that such testimony could only be considered in mitigation of the offense. He spoke with much force, and commanded the closest attention from all in the court room. He was impressive in his delivery, and in de- scribing the death of his friend, George D. Sax- ton, was quite tender. He was also emphatic in his declarations of Mrs. George's connection with the crime, so much so that the counsel for the defense called him to order, and claimed that his language was erroneous, and de- CANTON'S GREAT TRAGEDY. 213 manded that it be taken down, so as to appear in the record, and that exceptions would be taken. The court remarked to Mr. Grant that he should confine his argument to the evidence. He then took up a review of the case as it had been presented by the evidence. “There must have been a murder,” he said, “and there must have been malice in its com- mission. There must have been deliberation, and there must have been premeditation. These four elements must be established by the State to constitute murder in the first degree.” In speaking of malice he said there were two kinds of malice; first, that which is implied by the act and which shows depravity; the second is expressed malice which results from a long established feud; or thoughts manifested by laying in wait for opportunity; laying plans for the execution of the crime, or in the cruelty of its execution. In this connection he read at some length from some well established law authorities. The attorney continued, “Any time prior to the act is sufficient to constitute premeditation and deliberation, if sufficient to give the slayer an opportunity to consider and to think about the act which he is about to perpetrate. A purpose and a de- sign may be formed and constitute premedi- tation and deliberation, without any particular period of intervening time.” He then referred to the Barberi case again CANTON'S GREAT TRAGEDY. and said the error had been found in that case by the higher courts in the exclusion of testi- mony on behalf of the accused, which tended to show the condition of her mind at the time of the commission of the murder. He said, “The State insists on the distinction between that case and the present case. In the Barberi case the murder was admitted; it was not denied that she committed the murder, and the state of mind of the accused, by reason of her grief and disappointment over the failure of her victim to keep his promise to marry her, was admissable in that case as bearing on deliber- ation and premeditation in the admitted murder.” In the present case he claimed that in admitting the testimony that was offered by the defense, to show the conduct of the de- ceased and the accused, amounted to a con- fession of the crime; and the only effect that such evidence could have would be to mitigate the degree of murder. It could not be admitted in a general denial, in the plea of not guilty; such testimony cannot be admitted and con- sidered as to whether the accused committed the crime, but only to show how dark and how deep the degree of the crime in fact was. The labor with which the defense presented this testimony is in itself a confession. Insanity in any degree, even by implication, can only be pleaded for a confession of guilt, and the State will ask the court to charge the jury “that this testimony which has been admitted in this case cANTON'S GREAT TRAGEDY. 215 can only be considered as bearing upon the degree of an admitted murder.” Mr. Grant then began the argument of the questions of fact which were to be presented to the jury. He reviewed the tragedy on the eve- ning of October 7th. He said that for years he had seen the clouds gathering over the victim, George D. Saxton. He had seen them grow darker and darker as time passed, until the eve- ning of the murder. “Two days before the death of Saxton I went to him,” he said, “and I said to him, ‘George, old boy, give me your hand, the case has been settled (with reference to the seduction case), your trouble is now over; I congratulate you,' but I was mistaken; it was not settled. Her darkest purpose in her plans were not yet executed. I say to you that Annie E. George slew George D. Saxton.” Mr. Welty here interrupted the speaker and said, “Wait a moment, I want a stenographer to take that statement down, unless it is withdrawn.” The court: “Counsel has the right to argue the case in the light of the evidence.” Mr. Grant: “I make the statement on be- half of the State, according to the evidence.” Mr. Welty: “Do you withdraw it?” The court: “Counsel should speak in the light of the evidence.” Mr. Grant: “I am not here as an indi- vidual, I speak for the State and of the evidence.” 216 CANTON'S GREAT TRAGEDY. Mr. Grant then spoke of the night of the tragedy, of the crowds that had gathered at the Althouse residence, and also about the home of Mrs. George. “The officers waited until she arrived, and she was arrested; then they dispersed and went to their homes; the murderess was found.” Mr. Welty again objected to the last sentence, and insisted that there should be a limit to such argument. The court said that when the proper time came he would charge the jury that the accused was not to be convicted on the suspicion of the crowds, or simply because she had been indicted. Mr. Grant reiterated that the murderess had been found at the Oberlin House, and then passed to the threats of Mrs. George as testi- fied to by the witness, Speaking of the threats he said, “It had not been denied by the defense that she made threats; no effort was made to deny them; they began in 1895, and continued up to the time of the murder. The testimony of William F. Cook, of finding her in the Saxton Block with a revolver in her hand, was not denied. The testimony of Mrs. Finley, of Mrs. Nauman, of Mrs. McAllister, was not disproved. Then the statements of the accused to Mr. Werntz, the attorney, of the plans she had made for the murder, were reviewed. William O. Werntz spoke the truth when he said that this woman JAMES STERLING, WHo DEFENEED THE Accused. CANTON'S GREAT TRAGEDY. 217 had said to him that she would kill Saxton. She was then beyond a passing thought. She was then planning, deliberating and pre- meditating. She said to Werntz, should she take two revolvers, throw one at his feet, and give to the world the impression of self defense? She not only killed him, but she undertook to give out to the world that he was the victim that was guilty of murder. She undertook to send him to the grave with the implication of having died in an attempt to commit a crime.” He gave special attention to the last threat offered in testimony, that of Janitor John L. Jackson of the Davis Block, this was the very day of the murder. “Have you thought, gentlemen, of what happened the night before the death of George D. Saxton P Policeman Dickerhoof testified that he was met by the accused, that she told him that he was specially detailed to go with her on a special mission, and he went. This is the most thrilling incident of the case, barring the moment that George D. Saxton was killed. Did she go to the Saxton office, did she go to the Saxton home? No, the policeman was not to stop or to talk to Saxton, he was to tell this woman of his presence. She claimed that she was afraid of Saxton. She did not stay in the protection of the officer, no she went parading alone in the darkness around the block; finally a light was seen in Saxton's office. You would naturally have supposed that they would have 218 CANTON'S GREAT TRAGEDY. gone to the office, but they did not. She made an appointment with the policeman for the next night. Why, if she wanted to see Saxton, did she not go to his office when they saw the light in the office? Why did she not go to his office during office hours? No, she lurked around in darkness with this policeman.” At this point court adjourned until 1 o'clock. - At the opening of court Monday afternoon, the Judge cautioned the attorneys against out- breaks of abuse or condemnation of any kind; that it would not be tolerated from either side. Mr. Grant resumed his argument, continuing a review of the threats of which he had spoken before the noon adjournment. “It is a remarkable case,” he said, “that from 1895 to 1898 these threats were made from time to time, threats to kill. They were not threats to sue, not threats to raise an alter- cation with him, but threats she intended to ex- ecute; threats to take his life.” Mr. Grant then took up the testimony of W. O. Werntz again. “In the giving of this testi- mony,” he said, “it was the bounden duty of the attorney, who had taken an oath to uphold and defend the law; he could have done no less and dome his duty;” Then from the record he read the threatening portions of Mr. Werntz' testi- mony, and dwelt upon this testimony at length. “She inquired as to the effect of killing Saxton; the effect it would have upon the suit of Sample CANTON'S GREAT TRAGEDY. 219 C. George against him, and the plans of ex- ecuting the murder.” He argued that this was conclusive evidence of premeditation and de- liberation, in planning the crime. He then spoke of the testimony of Mrs. Finley; the threats that Mrs. George had made to her; the manner in which she was to procure the revolver, so that no person would know where it was got. “I say to you,” he continued, “the fact that she waited for Sample C. George to settle, as she said to John Jackson, leads me to say that she wanted money; that there was no love in it; she cared nothing for love. In 1896 she went to the Althouse place with a revolver. She laid there in wait for Saxton and Mrs. Althouse to return from a bicycle ride, on which they had gone in an ordinary and lawful manner. What do you think of that I ask you where is there proof in or out of the record in this case, except the second hand conversations of this woman; that George D. Saxton con- ducted himself other than as a good man? Where is the proof of the pretense, (it is only a pretense) that he ever laid hands on this woman 2. He was hounded and chased about by a woman who had no respect for him or for herself; how she must have loved him Then she sent for the reporters of the newspapers of the city, and told them of the incident; what had taken place at the Althouse residence, and urged them to print it; how she must have loved and revered him! 220 CANTON'S GREAT TRAGEDY. “How she respected him God deliver me and you, gentlemen, from such love as that! Don't you think he would have been arrested if he had ever kicked her down stairs; if he had ever laid violent hands on her P Would this woman, who had been piling up law suits against him, have hesitated had he ever offered her any violence? She met him at the Althouse place; he tried to get away from her, but she said “I hung on to him.” She followed him, hung to him, to the out skirts of the town and back again to the door of his block. Did he offer her any violence then 2 No, she knew he would not, and this is the woman who wanted Policeman Dickerhoof to protect her from Sax- ton's violence. Is not this just a little bit diverting, gentlemen of the jury 2 This woman afraid of George D. Saxton, is the one who went to the Althouse residence, and with a revolver prevented him from going into the house; made him go away with her, as she said to Mrs. Nauman. “Are you ready to die now” she asked him at the bridge as they were coming to town, as she was hanging onto him and drag- ing after him. There is a picture for you gentle- men; she could have ‘done him then, she said, but she wanted Sample C. George to get some money first. There it is again, that is what she said to Werntz, there was money in her pros- pect. The witnesses who told of these threats had no interest in this case; they came here to tell the truth, and they told it in a frank, open CANTON'S GREAT TRAGEDY. 221 way, that must have commended it to you. Here stands a woman who cares not for our laws; cares nothing for the penalties. She had got out of every trouble she had ever got into, and she would get out of this. That if she did go over the road she wouldn't stay long. What do you think of this, as a law abiding woman?” He then spoke of the testimony of Mrs. Nettie McAllister. “She told this witness to just wait until after thesettlement of the George case. Yes, wait until Sample C. George coins his affections into money at the expense of Sax- ton, then she will kill him.” John Jackson's testimony was again re- ferred to. “She told him she would get revenge or she would shoot him, wait for the settlement with Sample George,” “I will get some money; he will marry me, if he don't I will kill him.” She said that she would go up in front of him and let him know it; that is the way she would kill him. She did. Look at the coat (holding up the coat taken from Saxton's body) see the powder burns! See how well she carried out her threats! I suppose the defense will claim it was that all abiding love that led her out to the Alt- house residence, and with pistol in hand, to lay in wait for Saxton and Mrs. Althouse, and then to drag after him all over town, but when they tell you that, remember what Perry VanHorn said; not content with the scene in the west end, and with having held up Saxton to ridicule among the people of that section, she sends for 222 CANTON'S GREAT TRAGEDY. Perry Van Horn, out of her malice, and wants him to publish the scene to the rest of the world. Talk of love in such conduct as that! It is all bosh. Again she sends for Perry Van Horn. She had had another scene and this time in the Sax- ton Block. There were few people, if any, saw it, and yet she wants it printed. Do women who love, resort to such means? No, the woman loves does not seek to humiliate, to annoy, to bankrupt, to disgrace the man she loves. How could deliberation and premeditation be stronger than in these threats? They talk about how she will get the weapon and how she will execute the murder.” Mr. Grant then made a touching reference to Mrs. Grable and Mrs. Eckroate, who had testi- fied on behalf of the State. “They showed nothing in their examination, and in their cross- examination, which Mr. Welty made very vigor- ous, but the infirmities of age, yet the defense has heaped calumny upon them, and tried to prove that they were not to be believed; and that they were not reliable. Is it not a pity that a woman must grow old?” “I say to you that the conduct of Policeman Dickerhoof, and of the accused the night before the tragedy was moving to its conclusion as regularly and surely as ever a tragedy moved across the stage. They lurked about the block, on the street and in the yards. Saxton is in his room, they know by the light that appears in the window, but they do not go to him there. CANTON'S GREAT TRAGEDY. 223 “Wait until tomorrow night” she said, “meet me tomorrow night.” The officer kept the ap- pointment, and he stood at the corner waiting for Mrs. George. She did not come. She was going to Hazlett Avenue.” Dickerhoof stayed at his post until he heard of Saxton's death. Then he left. Why? Because he knew when he heard that Saxton was dead that Annie E. George and George D. Saxton had met. In no other way could his leaving the meeting place be justified on the news of the death of Saxton.” “There was no blood on the strange figure, the he, she or it, which Mrs. Lizzie Miller saw on Linden Avenue, (speaking of the unknown man which this witness claimed she had seen on the night of the murder). This evidence was drawn into this case to appear as something more than it was. This is a large city, gentle- men; there are many strange people walking along the streets.” “All through the cross-examination you heard of the railroad switch, and of West Third street, but you have heard nothing about the switch since the cross-examination. The fact seemes to be that the defense concluded that that was not a very good route, and it was abandoned. Then they took up this Linden Avenue matter, and traced the strange figure along that street, which had been torn up all summer for water pipes. He walked on the plank, on the side where the houses are 224. CANTON'S GREAT TRAGEDY. located. Would a man in disguise, seeking to run away from a crime, be likely to take such a route as this P’’ Some attention was then given to the testimony of Jacob Adams. He testified to passing the strange man on Lincoln Avenue. “All this amounts to nothing,” the attorney said, “when you come to secure the one who committed the murder. But where was she who said, “Wait until that suit with Sample George is settled.’ This case was settled, it had been settled three days; the climax of the tragedy was due. We find from Frank Wyant that she was passing Copthorne's store at five thirty o’clock. We find from Judge McCarty that she was at his home at from five thirty- two to five thirty-five o'clock. She was there seeking permission to go into the Saxton Block. Why does the witness remember these hours and minutes? Murder! The memory of seeing her is burned into their minds by the cry of murder flashing across the city a few minutes later. The testimony of others, tracing the ac- cused on a car at High street along Tuscar- awas, and leaving the car at Hazlett Avenue was next spoken of, and reference was made to the high standing of the witnesses who gave this testimony. The defendant never came back on the car that night; she did not get back to the Oberlin house until long afterward. We thought when the conductors were asked, ‘Don’t you often carry people past that point, - CANTON'S GREAT TRAGEDY. 225 didn't she try to stop the car?" that there was going to be some effort made to show that she was carried past her home, but there was no such testimony offered. If she did not go to the scene of the tragedy where was she going?” “It was not the usual hour for calls. Dickerhoof was waiting for her down town; she had told him to meet her there, why was she going away from him, going in an opposite direction? What evidence were you given to show why she was not there? This coat, it tells no stories. This tells you how he met his death. See this hole (holding up the coat) it is burned, it is not shot alone; it is burned by the powder, and see the sleeve; see on it where the powder burned George Saxton was standing with his arm over his breast in this position, with not so much as an arm raised to ward off the blow. That the first two shots fired in- flicted the fatal wounds was contended on the ground that the other wounds were mere flesh wounds, and that from them the victim could have escaped while the assassin walked to the lot below, or could have called for help or given alarm. The mother and the daughter (speak- ing of Mrs. Eckroate and Mrs. Huig) stand- ing there looking at the man die; looking at the commission of the murder; the mother looking up at the form she had seen parading the street by night, menancing the people. They were not mistaken! They received im- pressions at that time which can never be re- 226 CANTON'S GREAT TRAGEDY. moved. They say there was no light that shown upon the place where the murder was committed. I say when you illumine a scene with such torches as this, you need no light. But this mother and daughter say there was light; that they could see. Samuel Howenstine says it wasn't so very dark. The Susky sisters say they could have recognized people with whom they were acquainted. Hildebrand, the witness for the defense, says it was a dark night, but the electric light illumined the upper half of the steps. Mrs. Glick says a lighted lamp stood in the window not fifty feet away, shedding its rays upon the spot where Saxton met his death. Why didn’t they bring wit- nesses on the question of light, if what was said by the State's witnesses was not true. Where was Bederman and where were the others P’’ “Whoever killed Saxton did not go through the alley to Linden Avenue, where Mrs. Miller saw the mysterious man, if whoever did it had gone that way; he or she would have been seen by the Susky girls, and Mr. Berger too would have been passed.” Mr. Grant spoke highly of Dr. Eymann, the expert who had testified on behalf of the de- fense as to the effect of the morphine habit, but he said, “Dr. Eymann had not been given a fair opportunity to judge of the condition of Mrs. Eckroate. He was given no opportunity to ex- amine her or testify as to her condition; he CANTON'S GREAT TRAGEDY, 227 was merely allowed to testify theorically. Against this was the evidence of Drs. Brant and Walker, who knew her personally and had examined her. They spoke of her as she is, not as a theory; not a neighbor was called to im- peach Mrs. Eckroate for truth; they could have called witnesses to impeach her if she was un- worthy of belief. No witness had been called who had known her lately, except the husband, whose conduct towards his wife was severely spoken of by the attorney. Michael Burke, a neighbor of years ago, was brought down by the defense from Barberton, for the purpose of stating what he knew of Mrs. Eckroate.” Mr. Grant then added that he “was not sorry that the testimony of Mrs. Klinger had been introduced; he had no doubt the accused had gone very near the place as testified to by this witness, where the revolver was found; he had no doubt she had gone to the corner of South and High streets. This was the point where she had secreted the revolver.” Mr. Grant then insisted that, in spite of the calumny that had been directed against the witness, Hasler, the ex-sergeant who had found the weapon, that his story was true. The weapon was the agent that caused Sax- ton's death. Hasler testified that when he went to see Mrs. George in the jail, ‘I have found the revolver that you hid at South and High streets; the one Rice sent me for; what shall I do with it?’ said Hasler to the accused. 228 CANTON'S GREAT TRAGEDY. She said, ‘See Welty about it.' The State in- sists that she avoided Tuscarawas street, that she avoided the street cars; that she did not come by Linden Avenue, but she did come by South street. The State did not care whether she went to Klinger's or not.” At this point, Attorney Grant closed his argument, and in conclusion he thanked the jury for the attention that had been given by them to the testimony, and so far as he was concerned he said, he left the case with them with full confidence that the cause of justice would be served. º º CANTON'S GREAT TRAGEDY. 229. CHAPTER XX. THE DEFENSE. Court then adjourned until Tuesday morning at eight thirty o’clock. It had been arranged that Mr. Sterling would open the case on the part of the defense, and that Mr. Welty would follow, and the Prosecuting At- torney would close. This was the order in which the arguments were made. Mr. Grant's argument was regarded as an able effort and was well received. Court opened at eight thirty o’clock, and Mr. Sterling began his argument. He occupied all of the time until three o’clock in the after- noon. Mrs. George took her place at the counsel table as usual. During the entire time occupied by Mr. Grant in his argument she sat motionless as a statue, and seemed to pay no attention whatever to his argument, although she keenly felt the effect of the scathing arraign- ment of the assistant prosecutor. She now ex- pected to hear her side of the case presented to the jury. It was no doubt a pleasant change from the terrible ordeal which she had just passed through, to hear her attorney resent the 230 CANTON'S GREAT TRAGEDY. abuse which had been heaped upon her in the opening argument. If the arraignment by counsel for the State was severe, that of the character of George D. Saxton by Mr. Sterling was frightful indeed. Mr. Sterling has a repu- tation for biting sarcasm, which was well sustained in his argument. “The death of George Saxton,” he said, “was in his judgment a public benefaction; the air is purer since his vile soul took its flight before the Maker whose laws he disregarded; our wives, our sisters, and our daughters, are safer since his death.” - Mr. Sterling then spoke of the relation of Saxton to the President of the United States, of his wealth and position, and then scathingly remarked that he was a disgrace to his family, who did not weep for his death but for the manner in which he died. His portrayal of the breaking up of the home of Mrs. George, of her husband and family, was dwelt upon at length, and the de- scription was so vivid that one of the jurors began to show emotion through the tears which unconsciously rolled down his cheeks. In beginning his argument, Mr. Sterling took occasion to score the opening remarks of Coun- sel for the State, who was the friend and legal adviser of George D. Saxton. “The remarkable speech of the assistant prosecutor,” he said, “should be carefully noted in this case. He de- clared that there was no necessity for a trial, CANTON'S GREAT TRAGEDY. 231 that the prisoner had already been convicted by the public and the police, according to the opinion of the Counsel who had preceded him. He wanted her convicted on suspicion, a re- markable talk indeed for one who is represent- ing the dignity of the law. The public and the police knew who had been the victim of the wrong doings of George Saxton, who had been the sufferer by his persecutions for years, persecutions in which he was assisted by the very man who is here to-day representing the State in this case.” Mr. Sterling then spoke of the celebrated New York case heretofore referred to, and especially dwelt upon by Mr. Grant in the opening argument. He denied the statement that the offer of the relation of evidence between the accused and the deceased was in fact an admission of guilt. He said that such a situation did not exist in this case, that the evidence submitted was applicable only to the threats made by the accused, and to explain the conduct which has been regarded by the State as suspicious. Mr. Sterling then entered upon a dis- cussion of the law of circumstantial evidence. He quoted from a formidable array of authori- ties on threats, and he argued that it was necessary that every link in the chain of circum- stantial evidence should be furnished, and that if one important factor or link was lost or broken, that no case could be made out. “We 232 CANTON'S GREAT TRAGEDY. propose to show,” the speaker continued, “that a few links are gone, and that others are mighty weak.” The doctrine and definition of reasonable doubt was next discussed and argued at great length, forming, with the argument of circum- stantial evidence, the foundation of the speeches for the defense. He launched into the account of the medical testimony upon the morphine habit of Mrs. Grable and Mrs. Eckroate. The testimony of these two witnesses was thoroughly dissected, and the testimony as to their condition and their habits was freely discussed. Mr. Sterling then spoke lightly of the testimony that had been offered by the State to support the testimony of these witnesses Mrs. Grable and Mrs. Eck- roate. He said the examination made by the physicians and the testimony given by them was truly absurd to say the least. The ex- amination made by them was a physical one, and Mr. Sterling's description of attempting to ascertain if a person was truthful by looking at his tongue and feeling his pulse, was ex- tremely ludicrous. He devoted some time to calling the attention to the fact that at no time had the State offered to claim a motive for the killing of George Saxton, and that no testimony had been produced by the State upon that point. “It seems as though an effort were being made to railroad the case through without a motive.” Mr. Sterling then passed to the question of CANTON'S GREAT TRAGEDY. 233 threats, which he again stated were not direct evidence, but simply guides to determine the degree of the crime, after the murder had been established by other testimony. He called attention to the failure of the prosecution to bring out in the evidence, facts to support the statements made by the Prosecu- ing Attorney, in his opening address to the jury. Not a witness had ever stated during the trial, that Mrs. George had turned into Hazlett Avenue, after she left the street car, although the prosecutor had said she did. Neither was there any testimony to show that Saxton cried out for help after he had received the first two shots of the revolver. No one had heard him cry out, even those who were directly across the street did not hear any such thing. The introduction of the revolver story, he declared, was an after thought. He excused the prosecutor from being the originator of that story, and called attention to the fact that the weapon was not mentioned in the prelimin- ary statement to the jury by the prosecutor. Sergeant Hasler, who testified that he had found the gun, came in for an oral castigation from the speaker, who insisted that a man who would juggle with life and death in order to serve his mean political asperations, could not be safely trusted as a witness. - The tracing of Mrs. George westward, from the public square, on the evening of the murder, was taken up by the speaker, and gone 234. CANTON'S GREAT TRAGEDY. over for an additional purpose. He showed that her actions were perfectly natural, and her condition normal. He endeavored to show that she went out on the street car much later than the State had tried to prove. He argued that the railroad men were much better qualified to speak as to the time than the casual observers who were on the street car. These railroad men were watching for an over due train, and they say that the car could not have reached Hazlett Avenue before six five o’clock, or ten minutes later than the State claimed. Mr. Sterling then passed to the character of the dead man, predicating his remarks on the declaration of Mr. Grant, that Saxton had lived the life of a gentleman. He referred to Mr. Grant's address as a drama in which the characters had not been identified. “First of all, gentlemen of the jury, who was George D. Sax- ton? Mr. Grant says he was a prominent citizen of Canton. He was not prominent for anything that was noble, true or good. He was the son of James A. Saxton. He had the distinction of being a brother-in-law of William McKinley, President of the United States. He was a man of wealth. He had farms, a magnific cent block and a bank account. He was a bachelor, an unmarried man. He was not a home builder, he was a home destroyer.’’ “He never legitimately called a woman by the dear name of wife, although the evidence shows that he sometimes registered at various CANTON'S GREAT TRAGEDY. 235 hotels with different women whom he called wife.” When he looked upon the fair face of the defendant for the first time, he said, “There is a deuced pretty woman, I am going to get ac- quainted with her.' He followed up that design. She was inveigled into the Saxton Block to live; from that hour her peace of mind departed from her home. Discord, bickering, and pain entered her family. I said that George Saxton was the destroyer of homes. There would be no such thing as home in this beautiful land of ours, if all men were like George D. Saxton. He ignored public sentiment, and violated public decency, by publicly consorting with women whom he had not married. He died with his feet on the steps of the house of a woman of shady character. George Saxton defied and scorned Christian civilization; although well bred, he never entered a house of worship, save in pursuit of his prey. His relatives may have wept at the manner of his death, but they must have felt glad that he died. He was a most prominent citizen, Mr. Grant had said. Yes, he was prominent for the vice he possessed. I repeat to you, gentlemen, that it is my deliberate judgment that the death of George D. Saxton was a public benefaction.” “I do not justify the taking of a human life, unless it be for the public good or the public safety; but there never has been an American jury however, that has ever passed a sentence of guilt upon a man who slew the destroyer of 236 CANTON'S GREAT TRAGEDY. his wife, daughter or sister. Mr. Sterling, then described another character, Sample C. George; he pictured the life and marriage of the man in the little country village and their unfortunate journey to Canton. He described the woes of the husband, who waived all at the last moment to come to the court room and claim that his fallen wife was a pure woman until ensnared by Saxton. (As he spoke of this subject in this strain, tears were seen rolling down Mrs. George's cheeks. She began to sob and was completely broken down, sitting with her face buried in her hands.) Re- ferring again to Saxton's conduct as he cast her off, he described how Saxton had fought for ten years against granting to the husband he had wronged, the justice that was due him. Another eloquent reference was made to the meeting of the little family for the first time in ten years, met but not re-united, for that never could be, (and this brought fresh tears to the prisoners eyes.) “When you look upon that wrecked family,” he said, “that ruined home, you will realize that there are worse crimes than murder. If Saxton had killed the wife instead of seducing her; how much better it would have been for her, how much less the shame, pain and disgrace for her husband; how much better in every way for her children.” Mr. Sterling claimed that the presumption of guilt which Mr. Grant had insisted upon was - CANTON'S GREAT TRAGEDY. 237 entirely inconsistent with the facts, that as fair minded men the jury should consider the case according to the law as given to them by the Court, and that the accused should be regarded as innocent until her guilt was fully established. He said that the State had at the beginning promised to show that Mrs. George had left the car at Hazlett Ave., and had walked toward Lincoln Ave. “The fact of her leaving the car,” he said, “was wholly insignificant in itself, and there was not a word of evidence showing that she had walked towards Lincoln Ave. They had also promised that the proof would show that Mrs. George had come to the heart of the city by way of South St., but there was not a word of testimony offered that showed it. Mr. Grant had argued that the gun was the con- necting link in the evidence. I think that the gun story was about the thinnest story I have ever heard in a Court of Justice, and as I said before, I think the Prosecuting Attorney, Mr. Pomerene, should not be charged with originating that story or having anything to do with it.” Mr. Sterling then spoke of the witness Hasler, the ex-sergeant of the police force. He was especially bitter in his de- nunciation of this officer. Passing on, the testimony of Dickerhoof was next taken up. The speaker insisted that this testimony showed that Mrs. George was calm and peaceable and without agitation at the time that Dickerhoof had spoken of in his 238 CANTON'S GREAT TRAGEDY. testimony, and that her only desire was to see Saxton on lawful matters and that she desired and felt the need of the officer's protection. “She knew the result of her meeting with Saxton, that she was not safe unless she had some person upon whom she could depend to protect her from his cruelty.” As to the testimony he said that no one would dispute a word of what Judge McCarty said, unless possibly he had been mistaken to the extent of a few minutes of time, which was entirely immaterial. The testimony of Judge McCarty, regarding Mrs. George's call at his home on the evening of the tragedy, and her request for authority to call to see Saxton, was spoken of at length, and the testimony was reproduced to the jury. “It seems to me,” said Mr. Sterling, “that there is nothing malignant in the story in what she said to Judge McCarty, no desire to kill anybody or to injure anybody. She was perfectly willing to abide the orders of the Court which had been made in the injunction case, and she said to Judge McCarty when he advised her to not see Saxton and to have nothing to do with him, that she did not want to interfere with or violate the Court's order in that case.” - Mr. Sterling next spoke of the testimony of the witness Mrs. Lindeman. “Will anybody disbelieve this witness when she says that Mrs. George was at her house that afternoon and CANTON'S GREAT TRAGEDY. 239 evening up until 5:30 o'clock or near that hour? Mrs. Lindeman is corroborated by at least two other witnesses who saw her there and who met her as she was leaving the Lindeman residence to go up street. What was her conduct while at Mrs. Murphy’s Did she seem excited? Did she seem as though she had any notion of per- petrating such a horrible tragedy as occurred that evening? Her conduct was as it had been at all other times. She was calm; no excitement of any kind. She talked to Mrs. Lindeman about her affairs, spoke kindly of Saxton, trimmed the tidies and said to Mrs. Murphy to ‘now notice and see if Mr. Saxton would take notice that the tidies had been trimmed.” Did this look as though she was contemplating murder, ps though she intended to kill him that night 2 I have not the volume of voice of my friend Grant, but I will endeavor to give you a more truthful version.” Referring to the testimony of Florence Klingler, Mr. Sterling denounced the cross examination of this witness, and said that she was the victim of an uufortunate marriage, that she had been obliged to work here and there at nursing to gain a livelihood, and then was insulted upon the witness stand by Counsel for the State in their cross-examination. No greater injustice has occurred during this trial than the insulting cross-examination by the Counsel for the State. Mrs. Eva Alt- house was referred to as one of the characters 240. CANTON'S GREAT TRAGEDY. in the case, one who knew much about this case, one for whom the State found it necessary to prove an alibi on the night of the tragedy, and who absented herself when she was wanted to tell what she knew about the case. Again speaking of the accused leaving the car af Hazlett Avenue, and being at the scene of the tragedy at the time of the shooting, as claimed by the State, Mr. Sterling said; “There has not even been a preponderance of the evi- dence to show that she was near the place where the tragedy occurred ; not even such a preponderance of evidence as would be con- vincing in a civil action, much less was there evidence beyond all reasonable doubt, such as is necessary where a human life is at stake.” He next spoke of the testimony of Jacob Adams, and argued from it that had Mrs. George passed along the road from Hazlett Avenue to Lincoln Avenue, she must have passed and been seen by Jacob Adams. This was followed by a reference to other witnesses. That of Mrs. Huwig, who claimed to have witnessed the firing of two of the shots from the front of her father's home, the Eck- roate residence. The insufficiency of the identification, owing to the darkness, and the lack of acquaintance with the accused, was claimed by the speaker. He then spoke of Mrs. Eckroate as an object of pity, because of her alleged intemperate use of morphine, and in this connection the evidence of Michael Burk CANTON'S GREAT TRAGEDY. 241 and his daughter was cited, as showing without any doubt, the use of the drug, and the slave to it which she had become. He asked the jury to carefully scrutinize the testimony of Drs. Walker and Brant on her appearance and her complexion. He said it was to be remembered that a woman’s complexion was not always what it seems to be. He would not pretend to say that she had been given just enough of the accursed stuff to brace her up and make her appear natural. He would not pretend to say that her eyes were not bright. - Doctors know just how much of the stuff to give to produce the desired result ; they knew how to patch her up so she could walk a chalk line and pass the examination. These doctors teſtified in rebuttal that from the ex- amination of Mrs. Fekroate, that in their opinion, she did not and had not used morphine; that from her appearance they would say that she was free from the habit, and that she did not use morphine at all, while at the same time the jury will remember that she admitted, while upon the witness stand in cross-examination, that she had used it for years. - Many other witnesses were called who testified that she had used the drug. At least three druggists testified that they had sold her the drug for years, and is it not strange, then, that in the face of all that testimony, that the physicians would say that from their examin- 242 CANTON'S GREAT TRAGEDY. ation of her there was no evidence that she did use morphine at all? Mrs. Eckroate does not say she recognized the features of Mrs. George; she said she recognized the form, the same form that she had seen on the street before. She pushed the screen out of her window. You remember she was’nt asked to tell much about how the screen was fastened; it was like describing the shoot- ing, which she could not do, and then she looked through the opening and saw and recog- nized, with her aged and defective eyes, what could not be recognized by the younger eyes of her daughter; the unimpaired eyes of young Hogan, who could not tell whether the form was that of a man or a woman. How much of such testimony as that would you believe? Yet the State depended upon a conviction in this case, upon this testimony. In fact, this is all the testimony they have upon the subject of identification. Deprive them of the testimony of these two witnesses, and they have nothing upon which the jury could base a conviction. During the two hours in the afternoon Mr. Sterling discussed the testimony in almost every phase, closing at three o'clock, after having talked five and one-half hours. In his close he made the statement that the life that George D. Saxton had led, had but one end and that in blood. CANTON'S GREAT TRAGEDY. 243 “Who knows how many outraged hearts there were who were wishing for the death of Saxton, who knows that some revenge seeking person slew him, knowing when he died that blame would be placed upon the prisoner.” Mr. Sterling having concluded his great speech took his seat. He was complimented on all sides for the argument he had made, and he felt that he had ably done his duty. 244 CANTON'S GREAT TRAGEDY. CHAPTER XXI. SPEECH OF HON. JOHN C. WELTY. The speech of Hon. John C. Welty had been looked forward to by his friends as the greatest effort of his life. He is a forcible and eloquent speaker. His confident and candid manner had the effect of impressing every person who heard him, that he believed every word he uttered. - - He addressed the Court for nearly an hour upon the questions of law involved in the case. He read authorities on circumstantial evidence, and spoke of the absolute necessity of es- tablishing every link, quoting liberally from some of the tragic mistakes that had been made through a too confident acceptance of such testimony as proof of guilt. He then passed on to a review of the in- cidents surrounding the death of Saxton, and the arrest of the prisoner. It was not long before he reached the personality of Saxton, and his strictures upon the life of George D. Saxton were more severe, if such a thing was possible, than those of Mr. Sterling. CANTON'S GREAT TRAGEDY. 245 In slow and measured tones, he compared Saxton to a Brazilian vine, that grows rank in the tropical forests, and is known in that Country as the “murderer.” This vine creeps over the ground until it reaches a tree or plant, and in- siduously entwining itself about it, chokes it to death. All along its course is death and ruin to plant life; it’s seemingly innocent tendrils carry destruction throughout the forests : such was Saxton in Canton. With polished words and graceful style, he then attacked the theory of Attorney Grant that Mrs. George was a mercenary woman, who hounded Saxton simply for the money she hoped to get from him. Her husband had been successful in this respect and she wanted a settlement. “If it was for money, as Mr. Grant said, why did she kill him 2 Living she might have got money : dead, she never could have expected any.” This fact was emphasized to the jury in all its phases, and had the effect of destroying the favorable impression that Mr. Grant had made with his theory. Then Mr. Welty took up the answering of the question as to whether or not Mr. Saxton loved Mrs. George ; whether he had made her a promise of marriage. He skillfully sketched the wiles of the wrecker of homes, the meeting, the temptation, and the fall; the journey to South Dakota, the return, and the trip to Cleveland, to live under his protection. Then he produced the letters that were read 246 CANTON'S GREAT TRAGEDY. upon the trial, and repeated their contents, stopping now and then to comment upon the sentences contained in the letters, and bring out the meaning with more emphasis. Every term and word of endearment was made to sound with full force. The threats were next referred to, and it was shown that they were simply the gossip of women. They were made, all but two of them, four years ago, before their was a recon- cilliation between Mrs. George and the dead man. They would not have been thought of perhaps afterward, had it not been for the introduction of Mrs. Althouse into the case. The most dire threat made by her coupled the name of this woman with it, and was made at a “quilting bee” in response to teasing queries put to her by friends. The threat made to Saxton on the bridge was quickly disposed of when it was shown that he had a revolver, and that she was totally un- armed. Mr. Welty had only fairly begun his argument when the hour for adjournment arrived, and he was compelled to stop for the adjournment of Court. Mrs. George immediately passed out of the court room when Court adjourned, and went to her cell in the jail. There is no doubt but that this day had been the most severe upon her nerves of any during the trial. Court then adjourned until 8:30 o'clock Wednesday morning. It had been supposed CANTON'S GREAT TRAGEDY. 24,7 that the arguments of the case would have been closed in time to enable the Court to charge the jury on Wednesday, but the length of time occupied by the attorneys made that impossible. Court convened on Wednesday morning at the usual hour. Mrs. George came into the court room looking sad and careworn. She said however, that she had fully rested. She took her seat at her usual place. Mr. Welty resumed his argument, and said that in the short time he had talked on Tuesday, he had briefly described the incidents leading up to the relations between the accused and the deceased. Before he began a review of the testimony, he spoke to the jury as to the verdicts that could be rendered in the case. He said, “this woman stands accused of the gravest offense recognized by the laws of our State, murder in the first degree. The penal- ties for this, under the law, is death, or im- prisonment for life. If you, gentlemen, shall find her guilty, and recommend her to mercy, the penalty will be imprisonment for life, with- out the hope of pardon, but for her sake and for my sake, I beg of you that if you do find her guilty of murder in the first degree, you will not recommend her to mercy, but send her to the electric chair, for we do not ask for mercy, we do not want it.” He then spoke of the other verdicts which could be rendered in the case and their penal- ties, and said that under the evidence a verdict 248 CANTON'S GREAT TRAGEDY. of acquittal was the only verdict, that, in his judgement, could be rendered. He then spoke of circumstantial evidence again, and claimed that in this case the links of the chain were weak or missing, and he spoke of the case of the execution of an innocent man, and read from a book upon that subject, saying that it was but one of many cases that could be cited. He said, “The people do not demand that you convict this woman, they do not want it. She is presumed to be innocent until she is proven guilty. She is entitled to the benefit of every doubt, and so long as any of you have any doubt about her guilt; about the links in the chain of circumstantial evidence, she must be regarded as innocent.” Mr. Welty then said that his intention was to review the chain of circumstantial evidence, as presented by the State. This chain, he said, was made up of the threats, of the whereabouts of the accused near the time of the murder, the arrest, the revolver, and the burs that had been found in her clothing. As to the threats, he said, some had been made before 1896; before the settlement was made in Allegheny, and they were no doubt settled when the suits and the other difficulties between them were settled, and the reconcillia- tion had been effected. He said the receipts of settlement between Saxton and Mrs George, and Saxton and Sample C. George cut a very important figure in this case. CANTON'S GREAT TRAGEDY. 249 As to the threats testified to by Attorney Werntz, that Mrs. George was going to Eva Althouse's place to raise H–1 with Saxton, Mr. Welty said he knew of no more fitting place for such a proceeding; no more appropriate place for such men as he, to meet his death than on the steps of the home of his partner in wrong doing. As to the other threats he said they were mere ejaculations, made with no intention of their execution; that if there had been any intent of executing these threats, they would not have been made at “quilting bees” and before acquaintances. Mrs. George had reason to believe, and she did sincerely believe, that Saxton would keep his promise to marry her. There is no evidence in this case to show that he had ever refused to marry her. She wanted to meet Saxton and was trying to see him almost up to the hour of his death ; not in a threatening manner, or in company with an officer ; the last person in the world that would be selected to accompany her on a mission of crime. - He then undertook to explain why she failed to meet Dickerhoof the second night, the night of the murder. It was in evidence, testified to by Judge McCarty, that he had advised her not to call on Saxton. He told her that the injunction was still pending. She said to him that she did not want to violate the order of the Court; that is the reason why she did not go to the Saxton Block 250 CANTON'S GREAT TRAGEDY. the second time, that is the reason why she did not meet Dickerhoof on the night of the murder. The threat testified to by William F. Cook, who said he found her in the Saxton Block at midnight with a revolver in her hand, was next spoken of Mr. Welty said that it was merely the imagination of the witness, nothing more. He did not believe that Cook had ever seen her at that time and place, with a revolver. The testimony of Mrs. Nauman was next taken up. She had testified to some threats; that she has a hostile feeling and prejudice against the accused, there can be no doubt. All through the discussion of the threats he insisted that when they were made Mrs. George was weeping and lamenting her condition, brought about by Saxton. That she loved Saxton, there is no question. He had won her affection and her love completely. She was devoted to him. She had no hatred for him. She had no reason to kill him, but her only desire was to live for him and with him. If she could have become the wife of George D. Saxton she would have been the happiest woman in the world. “Threats made under circumstances of the kind, that has been shown by the evidence, were never made with the intention of ex- ecuting them.” The speaker next took up the subject of the alibi and spoke of the testimony of Mrs. Linde- man upon that subject. Mrs. Lindeman testi- - CANTON'S GREAT TRAGEDY. 251 fied that Mrs. George had spent the afternoon of the 7th of October with her. “When that lady was doing the laundry work for Saxton, Mrs. George was present. You will remember the testimony of the tidy. Mrs. George said that the tidy needed trim- ming, that she would trim it, and then that the witness should see whether Mr. Saxton would notice that it had been trimmed. Was that the work of a person who did not love him * Would she have had any regard for such little at- tentions; the happiness and contentment of the accused on that afternoon, as described in the testimony, her talk of the settlement with Sample C. George, and her expected early marriage to Saxton did not indicate that she in- tended to kill him that evening.” The discrepancy as to the time was ex- plained by the speaker, on the ground of the treachery of memory, and not because of a de- sire or intention to misrepresent, and that most of the witnesses, when speaking of the time, used the word “about.” Mr. Welty said Mrs. George had been seen at most of the places mentioned by witnesses for the State, but he claimed that there was error as to the time that she had been at the Star Restaurant that evening as testified to by the manager, and by some other witnesses. Mr. Welty reviewed the testimony as to the time of the run of the street car on which Mrs. George rode to Hazlett Avenue, and he insisted 252 CANTON'S GREAT TRAGEDY. that there was more than a reasonable doubt that the time of her arrival there was such that she could have reached the scene of the murder at the time it was claimed by the testimony. The mere fact that the accused had rode past her home upon a street car, and that she had got off of the car on the wrong street was not to be re- garded as evidence of the guilt of murder. The darkness of the night was next spoken of, and he insisted that the testimony had established the impossibility of recognizing a person, even at a short range of distance, in that darkness; that their attempts at recogni- tion were based upon the figure, form and move: ments of the person who did the shooting. “Mrs. George,” he said, “is not the only woman in the city that was gifted in this way; there are hundreds of them.” He also claimed that Mrs. George could not have gone along the route claimed by the State, through the public thoroughfares of the city, without having been noticed by the policemen and the people, who Mr. Grant said, were looking for her. “She did go to Mr. Sterling's office, and she had a right to go there. She did not go through the dark streets to her home. She walked directly in the direction of her home, and when she arrived there she found four stalwart policemen ready to arrest her on suspicion. Yes, on suspicion; she had been tangled up with Saxton’s affairs for years. When she arrived there she was perspiring. Why not * CANTON'S GREAT TRAGEDY, 253 She had been walking, and it was a warm night. She had a few burs and Spanish needles on her clothing. I think we have shown you by overwhelming testimony where the burs and needles came from.” The shoes worn by Mrs. George, at the time of the arrest, were described as being in such condition as to show that she could not have gone through the vacant lot near the Alt- house residence on such a wet, muddy night ; such as the state claimed this was. The testi- mony of Dr. Pontius was represented as fully disproving the testimony of the policemen, that there was any burnt powder on the hands of Mrs. George, and the testimony of the policemen was discussed, and they were severely censured for remaining in the room while Dr. Pontius was searching Mrs. George. “Why did you not learn where this gun came from ; the factory that made it; where it had been purchased, and in short, learn something about it You had it long enough in your possession (addressing the counsel for the State). Who ever sold it to Mrs. George 2 No person testified that she ever had it. It is not identified as ever being in her possession. Any officer, who with a full knowledge that the whole town was being searched for the gun that shot George Saxton, and finds it, takes it to his home and hides it in an old stocking for months in the garret of his house; I will ask you to think about it, gentlemen. 254 CANTON'S GREAT TRAGEDY. - - - What is there about this revolver that connects Mrs. George with this crime?” The testimony of Hasler was then re- viewed, showing that the knowledge of find- ing the revolver had been concealed, and that he had told no person about it except his brother, during all of which time he had heard talk of a reward. He kept quiet until after the nomination for marshal, kept quiet for fear that it would injure him. He was afraid of the people ; afraid that the people would not believe his story. That is the reason the prosecutor consented to keep it quiet. That is the reason it was not told to the grand jury. Was it for the purpose of helping Hasler to get the political influence that this was done? If it was, it is a good thing it resulted as it did. If you believed his story and had confided in him, why did you send him to Mrs. George with a lie in his mouth 2 He went there to entrap her. She was alone in her cell in her misery. Gentlemen, do not convict anyone on such scheming as that. If you have’nt confidence in your own witnesses, for God’s sake don’t re- sort to such means. - Mr. Grant says, “Why don’t you call Rice,” and that is the most unfair thing he said during his whole argument. He knows and you know, that the Court has said, during this trial, that everything connected with Mr. Rice is excluded from this case. Why don’t we call CANTON'S GREAT TRAGEDY. 255 Rice º There was nothing to call Rice for. He could shed no light on this case. He could tell nothing about the conversation that was had in the jail between Mrs. George and Hasler. But when Hasler went to Mrs. George in the jail and tried to entrap her, what did she say: she said to him “See Welty, he will tell you what is necessary.” Is that a crime? What could she say? She had been instructed to not talk about her case. What could she say to him when he undertook to talk about her case? The only thing that she could say was to see her Attorney. Hasler claimed that he had told the story to save himself. Why was he to save himself, if he had done nothing wrong 2 Who told him he had violated his oath, that he was in danger? Let the Counsel for the State answer that question. You never got that revolver nearer Mrs. George than when she went to the home of Florence Klingler. - They have undertaken to abuse Florence Klingler. They have insulted her ; they have called up her unfortunate domestic trouble. She was cast upon her own resources at a tender age. She, as many others, has had an unfortunate marriage, but a fairer, clearer and more direct witness has not testified in this case. Her cross-examination was an insult to her, and would be an insult to any respectable perSon. We have given you the truth, gentlemen ; 256 UANTON'S GREAT TRAGEDY. and we have proven to you that Mrs. George was with Mrs. Klingler within four blocks of where the revolver was found, but the revolver was’nt at that place at that time. It had not been planned yet. No plan had yet been figured out for getting a reward. Mrs. Kling- ler said that Mrs. George came to her house about 6:25 o'clock. If this is true, it would have been a physical impossibility for her to have arrived at that time, and have been at the Althouse place at the time of the shooting, a mile and a quarter away. The testimony also shows that when she arrived at Mrs. Klingler's she was natural. She was not excited ; she was not warm even. There was no evidence that she had been walking fast : nothing to show that she had just come from the scene of a murder in:which she had participated as the principal actor. This proof is important in this case, it is convincing.” “It would have been impossible for Mrs. George to have concealed a weapon of the size of the one presented here, about her person while she was at Mrs. Lindeman’s, Mrs. Lindeman says that she did not have it, that she had handed her cape to her when she started from her house, that it was not in the cape. It was not upon her person. There is no proof that she stopped on the way at any place where she could have picked it up.” The speaker then referred to the burs CANTON'S GREAT TRAGEDY. 257 and Spanish needles again. “These were shown to have been got by Mrs. George in Mrs. Lindeman’s yard, or along the vacant lot near the Oberlin residence. Mrs. Lindeman says that there were Spanish needles in her back yard, that Mrs. George had been in the back yard. Is it not reason- able to suppose that she got them there * Again, if she had gone over the route claimed by the State, through the vacant lot, through the mud and dirt, the white underskirt she wore would not have been as clean and un- soiled as testified to by the witness Huth.” The speaker then referred to the testimony of Mrs. Eckroate again. “If Mrs. Eckroate saw Mrs. George, would’nt she have said so that night, when everybody was looking for her. Everybody was hunting her ; would it not have been natural for her to have spoken up and said that she seen Mrs. Grorge do the shooting * Mrs. Eckroate said that she identi- fied her as the woman who had been parading the street. The proof shows that Mrs. George had not been parading the street from April until October. Speak of Mrs. Eckroate only in charity, and for her misfortune in pity. Mrs. Eckroate could not have seen the place where Saxton fell. There was no light that shown upon the place. The trees interfered ; she never did see the figure that done the shooting. Is that the kind of testimony you would base a conviction upon for murder?” 258 CANTON'S GREAT TRAGEDY. Hogan testified that the shots were fifteen seconds apart ; the Susky girls claimed to have walked a considerabie distance between the shots. The Susky girls were also mistaken in recognizing the first two men who appeared upon the scene. Mrs. Eckroate’s recognition of Mrs. George was wholly imaginary, due to the use of morphine ; and that the doctors who had testified as to her condition were either biased, or else they had not made such an examination as to show them what her condition actually Was. At this point court adjourned until one o'clock P. M. It had been supposed that Mr. Welty would close his argument at the noon hour, but he was not through when court ad- journed, and expected to occupy some time in the afternoon. Court opened pursuant to adjournment, and Mr. Welty resumed his argument. He immediately took up the testimony of Mrs. Eckroate again. “They say she would’nt harm anybody. She would’nt harm a member of her own family, but she did try to harm one of them as is shown by the testimony, and when her at- tention was called to it the next morning she remembered nothing of it. Mrs. Eckroate did not want to tell a lie. She did not willingly tell a lie, but as the experts say, when morphine is taken, as it had been by her for CANTON'S GREAT TRAGEDY. 259 years, the brain becomes diseased and the mind irresponsible.” He then quoted from several medical text books and commented upon them. The in- cidents of the night of the tragedy were then spoken of in detail. Mrs. George had gone to Hazlett Avenue on the street car. “Why did she not get off the car at her home 2 I cannot answer that except to say, why should she She had no home then at that place ; only sleep- ing accomodations. Why did’nt she go to Klingler's instead of getting on the car 2 How easy it is to change the mind How easy to turn back and retrace one’s steps on impulse or on reflection º’’ The distances were then spoken of between the place where the murder had been committed and Mrs. Klingler's residence, and the speaker argued that the accused could not have covered this distance in the time claimed by the State. “Why did they not search the house of Eva Althouse,” argued Mr. Welty, “why was not suspicion directed against her ? I know not what her relations to Saxton were, at this time, but I do know that she is the one who ran away under fire. She left the county to avoid the service of summons. She was wanted as a witness. She could not be got. She is not here now ; she is beyond the reach of the authority of the State to get her; beyond the knowledge of the defense.” 260 CANTON'S GREAT TRAGEDY. The testimony of Jacob Adams, and Mrs. Lizzie Miller, in regard to the mysterious man was next spoken of. “It proved that there was a form, a figure corresponding to a woman dressed in black. It turned out, however, to be a man with a mackintosh on. We do not know who it was, but his conduct was suspi- cious, to say the least. It is a matter that you have a right to consider in determining who the guilty party was.” Mr. Welty then said, “There is not a scintilla of proof to show that Mrs. George was not a pure and innocent woman until she met George D. Saxton.” The speaker then paid an eloquent tribute to the sacredness of the home, and to the author of “ Home, sweet home.” At 2:05 o'clock Mr. Welty concluded with an earnest appeal on behalf of his client. It was the subject of remark that the speech of Mr. Welty, on this occasion, was one of the greatest arguments that was ever made in a Stark County Court. CANTON'S GREAT TRAGEDY. 261 CHAPTER XXII. THE STATE. As soon as Mr. Welty had taken his seat Mr. Pomerene, the Prosecuting Attorney, arose and began the closing argument for the State. The Prosecutor had a great work to do. The arguments for the defense had been forcible and exhaustive, and if the jury were influenced, or could have been influenced by argument, they were certainly in a condition at that time to require a great effort on the part of the Prosecuting Attorney. - Mr. Pomerine is a young man who has had considerable experience, and is a forcible speaker. At the outset he took occasion to ob- ject to the request offered by the defense, as to the instructions to the jury, on the subject of morphine, which, it was claimed, Mrs. Eckroate was in the habit of using. He claimed that the Court could not charge the jury, as a matter of law, as to the effect that the morphine would have upon Mrs. Eckroate, but that it was a question of fact to be submited to the jury. That is, the question should be left to the jury as to whether the drug had affected 262 CANTON'S GREAT TRAGEDY. her to such an extent as to weaken her testimony. Passing on, he claimed that the conduct of the defense was mystifying, and that in their argument and cross-examination of witnesses, they had gone outside of the merits of the case, and when it came to offering proof, they presented a vague, elusive kind of evidence. “If they claim emotional insanity, it should have been plead.” He said to the jury that there was a difference between rage, and viciousness, and insanity ; and that the law contemplated them as things widely apart from each other. - “There would be no safety,” he claimed, if people would be allowed to lash themselves into a fury, or rage, and then commit acts of violence. “As to the matter of circumstantial evi- dence, it does not follow that because there was aſ weak link in the chain of circumstances, that the whole case should fºl: that the Courts held that a case may be proved from a mass of circumstances taken as a whole, many of which are not susceptible of withstanding an attack as independent elements.” As to the denunciations of Saxton's character, by the Attorneys for the defense, he said they were not an excuse for murder. “Saxton’s life was dear to him, and he had the same right to it that all men have.” He next took occasion to deliver to the jury some sound CANTON'S GREAT TRAGEDY. 263 advice upon their duties, and the danger of being swayed by public sentiment ; quoting from the remarks of a Judge in the recent South Carolina lynching case ; he declared that such conduct was subversive of good government. He also reminded them of their oaths which they had taken when they were chosen in this case. As to the questions of public opinion; he said that he had remarked at the outset that if the prisoner at the bar had at any time a claim on Saxton, she had forfeited it. That if public opinion had once favored her, since the facts had become known, this opinion had been wiped out, and the people cried out for justice. He said he was appalled when Attorney Sterling justified Saxton's killing; when he said that it had been rightfully done. It was monstrous to think of an Attorney up- holding murder. Next he drew a beautiful word picture of the happy home, prº ided over by a pure wife. “There is no motive that will cause a true wife or mother to forget her marital vows and defile her home. They talk to me of the villainy of George D. Saxton’’ he cried, this Saxton was not the Saxton that I knew They have over- drawn the picture, and it is only a picture after all.” - - Turning around, and facing the prisoner, who sat with her head bowed upon her hand, he began to sketch her career. Her claim of 264. CANTON'S GREAT TRAGEDY. two year’s resistance to the wiles of Saxton was spoken of at some length. “Where was that devoted husband while these advances were going on 2 That pure wife, that lovely mother! Why did she not tell her husband that Saxton was making unlawful advances to her ? He must have known it, or he was entirely inno- cent, which was it 2 A loving mother and a de- voted wife, they say. Rather, I would say, a vile, designing woman, who was not content with her lot | No woman can be lead from her husband and children, unless she is willing ; unless she wants to be. Noman is bold enough to force himself upon a pure woman, who raises her hand and says, “Thus far shalt thou go, and no further.” A lovely, pure woman, this, truly. Mark the witnesses who testified to her threats. They were couched in such language that these witnesses refused to repeat it, and the Court held that they might not be forced to do so on account of its obscenity. Words so vile that they could not be repeated in a ourt of Justice, and this is a lovely, pure woman If she had deceived the South Dakota Courts, as she must have done, in order to secure the divorce, how much more de- ceptive to this Court will she be when her life, not marriage vow, is at stake She talked of her life with Saxton in South Dakota. We admit all of it. Was he the sinner and she the saint 2 Was he all black, CANTON'S GREAT TRAGEDY. 265 and she all white º Was he all corruption, and she all incorruption ? It is but one side of the story. George D. Saxton is lying cold and silent in his grave, and cannot speak for himself. Will you judge of him by that woman’s tongue? There was not a single witness that testified that Saxton had ever harmed Mrs. George, and all the testimony that was given as to his con- duct came from her own lips. They tell you about the character of Mrs. Althouse ; speak of her as you will, her hands are not yet stained with murder. Seven hours before the bullets sped their way into the vitals of Saxton, you were telling the negro Jackson that you would kill him, and that he would get his deserts in Hell ' You who loved him so well / (turning to the prisoner.) In tracing the prisoner on the night of the killing, the Prosecutor said that it was six o'clock when she reached the corner of Hazlett Avenue. It takes but a walk of from three to four minutes to reach Lincoln Avenue, so that she had plenty of time to reach the scene of the murder. He believed that Mrs. George was at the home of Mrs. Klingler ; especially that she reached there at 6:20 P. M. She had plenty of time to kill Saxton and get there within ten minutes. He made a strong point of the fact that after leaving Mrs. Klingler's to go down town, she did not go by the place where the police- 266 CANTON'S GREAT TRAGEDY. man Dickerhoof was waiting for her ; instead of that, she went to her Attorney’s office, hecause she had met her victim, and he was beyond all human aid. “She did not need the assistance of Dickerhoof It was an Attorney she needed more than anything else, for she had already begun the work of covering up her deed. Why did she go to Sterling's office if not for that ? I ask, why did she go there 2 He then spoke of the prisoner's wander- ings between the time of the shooting and her arrest. “She must have heard of the killing of Sax- ton ; she must have heard it discussed. Yet, when apprehended, she was stoically silent. When placed in custody, she could have, had she been innocent, cried out, ‘What did I do : why do you arrest me?” Instead of that she merely said, ‘I will go with you,” and she would talk when the proper time come.” She did not ask why she was made a prisoner.” He then claimed that the defense had got themselves into a trap by attempting to show that it was 6:05 o'clock when Mrs. George got to Hazlett Avenue. - “If this was so, it would have been impossible for her to have reached Mrs. Klingler's home at the time she says she did. The distance from Lincoln to Hazlett Avenue is so short as to make very little difference.” He then asked why the defense had not accounted fully for the prisoner's whereabouts between 5:55 and 6:25 CANTON'S GREAT TRAGEDY. 267 P. M. They do not trace her. They take her to Hazlett Avenue and Tuscarawas Street, and leave her there, to appear at Mrs. Klingler's at 6:25 P. M. Where was she during that time? The Counsel for the defense knew, he supposed, but they did not desire to let it be known upon the trial. At this point Court adjourned until Wednesday morning at 8:30 o'clock. When Court opened, the usual crowd was present. Mrs. George appeared, pale and nervous. She took her seat at the Counsel table, and the Prosecuting Attorney arose and resumed his argument. He seemed refreshed; his voice was good, and he talked freely and eloquently. He defended the witnesses for the State on the matter of authorities as to the identification of Mrs. George as the person who committed the murder. In speaking of the attack by the defense on Saxton's character, he said: “The fact still remains, that he had not an enemy on earth who desired his life, except the prisoner. The defense have talked of his dis- regard for family virtue. George Saxton never insulted a virtuous woman in his life. I believe that Mrs. George, walking on Tuscarawas Street that evening, saw Saxton going west- ward on his bicycle, and suspecting his desti- nation, she boarded a street car, and followed him to the scene of the murder. At Hazlett Avenue she crossed over the lots to the street on which Mrs. Althouse resided, and met him at 268 CANTON'S GREAT TRAGEDY. the steps, where she slew him.” - “The painting black of the dead man's character was simply to divert attention from the facts. How many hearts ached when George D. Saxton died? He had a family and friends too. There were many who had been objects of his charity, and they wept for him. His friends who loved him will always remember him, even were his character as black as paint could make it, yet his life is as dear to him as it is to any other man.” “Granting that Mrs. George had wrongs, that Saxton had mistreated her, the Courts were open to her; but she had made up her mind to kill him, and kill him she did. Is she now to go acquitted, and inciteothers to commit crime?” As to the alibi, he said that the defense had not accounted for a half hour of her time that evening. Her failure to establish an alibi ought to be considered as a matter of fact by the jury. At this point the Prosecutor intimated that Mr. Welty had induced Mr. Eckroate to go home and to intimidate his wife, so that she would not testify for the prosecution. Mr. Welty jumped to his feet and cried “that is absolntely false and unfair.” There was a wrangle between the Attorneys, and the language was modified by the Prosecutor, “I stated when we opened this case, that we would show that this woman, by her con- duct, had forfeited any confidence Saxton or CANTON'S GREAT TRAGEDY, 269 any other man could have for her. Mr. Welty, in his argument, said that we did not prove it. No, we didn't prove it, but we were ready to prove it; our witnesses, as to her conduct were called, but counsel for defense objected, and the mouths of our witnesses were sealed. That is why we didn’t prove it.” - Speaking of the divorce in Dakota, he said that she was untruthful in getting that divorce. If she had truthfully given evidence on that oc- casion, she would not have got her divorce. “No witness was produced,” he said, “to say that Saxton had ever threatened and abused this woman, except her own declarations; the statements that she made to the witnesses pro- duced by the defense.” The testimony of former policeman Dickerhoof was taken up. “They say she did not dare to go to the Saxton Block. She did go there and search Saxton's office, and carry away papers which she found there at a time when he was not present. She was not afraid then. She is afraid of nothing but justice. She did not want to see Saxton on a legitimate errand or on a mission of love, but she stood in the back yard in the rear of the block. Dickerhoof was not forbidden to go to Saxton, yet he was not sent to the office to call upon him. Her trip west on the street car the night of the tragedy, the arrival at Haz- lett Avenue, and the hour of the shooting, as given by the testimony of witnesses for the 270 CANTON'S GREAT TRAGEDY. State, was conclusive evidence that she was upon the scene of the murder, and the principal actor in it. There was an interval of ten or fifteen minutes that she does not ac- count for herself in the alibi.” “They do not pretend to say where she was when the shots were fired. It was not shown where she was at that momentous period. There was ample time, as shown by the evidence, for her to leave the car at Hazlett Avenue and go to Lincoln Avenne, fire the fatal shots, and return to the Klingler place, according to the testimony of the witnesses who testified as to the alibi. They have not fooled anybody by this alibi, except themselves.” - He then spoke of the burs and Spanish needles, and said that it was inconsistent that she could have gathered the burs in passing along the sidewalk, which was ten feet wide. “She could have got them in Pike Township,” he said, “but she wasn't there. She could have got them, and she did get them, in the vacant lot near the Althouse place. Again they claim her shoes were not muddy. It is no wonder. There was no mud. It was not raining at the time the shooting occurred, and there was no mud along the route over which she passed. The policemen, the street car men, the women who testified, say that they did not get their shoes muddy.” The prosecutor now reviewed the threats at CANTON'S GREAT TRAGEDY. 271 great length, and continued; “Were these threats, these flourishes of the revolver, this letter, the evidence of love and affection? She sent for a newspaper reporter and asked him to publish to the world her encounter with Sax- ton. Would any refined and virtuous woman, who became engaged in a fight, rightfully or wrongfully, seek to have the details of that fight paraded before the public? She wanted to annoy him, and humiliate his family and friends!. She wanted Saxton roasted, she said, when she spoke of the alleged disagreement of which the public knew nothing, and which she wanted to publish to the world. She told wit- ness after witness that she had a revolver pocket in her sleeve, and that she would kill Saxton. She told these witnesses, time and again, that as soon as the ease of her former husband against Saxton was settled that she would kill him. Why did she say this? What was in her mind? Why was she saying these things, if she did not intend to do so?” Referring to the testimony of Mr. Adams, who said that he had seen a man near the scene of the tragedy, the prosecutor said, “There are forty thousand people in Canton. It would be no uncommon thing for a person to meet a man along the sidewalk. Adams did not say that the man he had met had any con- nection with the Saxton tragedy, nor was there any testimony to show that he had.” The testimony of Mrs. Lizzie Miller, who 272 CANTON'S GREAT TRAGEDY. testified that she had seen a strange man, was reviewed. “First she thought it was a woman, then a man with a mackintosh on, and then it faded away. She said she had a strange im- pression. I do not know whether she had just come out of a trance or not, but I suspect this ghost story will not be believed by you. The things the defense have attempted to prove to you shows the weakness of their case, as well as do the the things they have left uproven. In my judgment, the testimony of Mrs. Eckroate, corroborated by that of Mrs. Huwig, is enough to convict this defendant. The circumstantial evidence alone is enough to convict this defendant.” Speaking of the testimony of Hasler, as to the revolver, he said: “One reason of the de- lay in giving the information as to the revolver is explained by his absence at Zanesville. There had been ample reason shown why he had not testified before the grand jury. Then the con- versation in the jail between Hasler and the de- fendant speaks volumes in this case. He said to her, “What shall I do with the revolver Mayor Rice sent me for.” What did she say? Did she say, ‘what revolver?” Did she say, ‘what do you mean,’ or anything of that kind? No, cooly and calmly she said, ‘See Mr. Welty about it.’ Why wasn't Mayor Rice put upon the stand to deny that he had sent the officer for the revolver ?” Referring to the smell of gun powder upon CANTON'S GREAT TRAGEDY. 273 her hand, when she was arrested, he said, that this had been established by the testimony of policemen familiar with powder, and that the testimony of Dr. Pontius was merely negative upon this subject. She said there was no odor of powder, because she had not recognized such odor. At the same time she admitted that she was not as familiar with gun powder as men are. The Prosecutor here began to sum up his case, and his arguments were very forcible. “The State has showed that the accused went out there that night, she reached Hazlett Avenue at 5:55 o'clock, at 6:10 the shots were fired, and in 25 minutes after that time she was at Mrs. Klingler's residence. Where did she go when she left the car at Hazlett Avenue? What was she doing? Why does this alibi not account for this interval 2 Is it not clear that she went to the scene of the tragedy, that she was there and fired the fatal shots? Why was she out there at all when she had the engagement with Dickerhoof?” “If she was going home, and was carried by her home, why did`nt she return to her home when she left the car? If she is innocent why did`nt she go to Dickerhoof and tell him that she did`nt need him nor his services that night, and release him from his engagement? Why did she not ask the reason she was arrested 2 Why did she refuse to say where she had been during the evening 2" The Prosecutor then spoke of the inconsist- 274 CANTON'S GREAT TRAGEDY. ency of such conditions and relations as had been claimed by Counsel for the accused. The Prosecutor here, at 11:12 o'clock, closed his argument. He thanked the jury for their attention, and the interest that they had manifested in the case, and plead with them that they regard the sanctity of the law, and that their verdict would be such as would be a thorough vindi- cation of the law. The argument of Prosecutor Pomerene was an able effort, and while he was very severe upon the accused at times, his grouping of the testimony upon the material points showed a great deal of tact, and it was delivered with great force and effect. The speech was the subject of much favorable comment, and Mr. Pomerene was highly complimented. It had been supposed that as so much of the forenoon had been occupied by the argument, and the noon adjournment was so near at hand, that the Court would not charge the jury until after the noon adjournment, but immediately after the Prosecutor had closed his argument, the Court began his charge to the jury. The charge was remarkable for its clearness in de- fining the law of the case. While it was not lengthy, the language used by the Judge in ex- plaining the legal propositions involved, was so clear and forcible that the jury was greatly aided in their deliberations. While neither party had requested the Court to charge the jury in cANTON's GREAT TRAGEDy. 275 writing, he had written the charge out in full and read it to the jury. A great interest was manifested by the spectators in the charge, and its delivery was listened to by all with much interest. N/~ } 3. lº/WN_ THE CHARGE. CHAPTER XXIII. Gentlemen of the Jury: The indictment in this case charges, in legal phraseology, that the defendant Annie E. George, on or about the 7th day of October, in the year of Our Lord, one thousand eight hundred and ninety-eight, at the county of Stark and state of Ohio, then and there being, did un- lawfully, purposely, and of deliberate and pre- meditated malice, shoot and kill one George D. Saxton, he then and there being. The indict- ment contains four counts, each charging, in legal form, the defendant with murder in the first degree. Except its formal parts, it has been read in your hearing, and you will have it in your jury room, and to it you may refer for a particular description, in legal phraseology, of the offense charged. Upon this indictment she is on trial before you. To this indictment and the charges con- tained in it, the defendant Annie E. George, pleads not guilty. This plea by her puts in issue CANTON'S GREAT TRAGEDY. 277 every material allegation and averment in the indictment. She is presumed to be innocent until proven to be guilty beyond the existence of a reasonable doubt. While a reasonable doubt exists in the mind of any one or more of the jurors, the defendant cannot be convicted and found guilty. - Before she can be found guilty every juror must be convinced beyond a reasonable doubt of the guilt of the defendant. She comes into this court protected, as every citizen of the state is, by the presumption of law that she is inno- cent of any crime, and particularly that she is innocent of the crime charged against her in the indictment, and this presumption remains with her until overcome by full proof–such as will exclude all reasonable doubt of her guilt. That she had been suspected and charged with the perpetration of a crime does not tend, in any degree, to show her guilt, or remove from her this presumption of innocence which the law casts about her. Something has been said in the argument by counsel for the state that on the evening of this alleged homicide, several persons gathered in front of the Oberlin and Althouse properties, and that such bystanders believed the defendant to be the guilty party. No such evidence was admitted; no such evidence would have been competent, and such claims, so made, should be entirely disregarded by you. This defendant is not on trial and not compelled to defend herself 278 CANTON'S GREAT TRAGEDY. against suspicion, or what a few bystanders might have believed; but her fate is to be de- termined solely from the testimony as permitted to be given before you, and the law as given to you by the court. That she had been indicted by a grand jury is no evidence of her guilt. So careful is the State of the life and liberty of its citizens that it will not allow that one of them shall be brought to trial for a grave offense against the criminal law, except upon an indictment by a grand jury. An indictment is, however, only a formal written accusation of crime, required as an essential ingredient to a trial, but which is not any evidence of crime, but is merely a formal charge for the purpose of putting the de- fendant upon trial. So I repeat, a verdict of guilty against the defendant cannot be, and should not be returned by you without convinc- ing evidence of her guilt. The law is too humane to demand a conviction while reason- able doubt remains in the minds of the jury or any one of them; and if you, or any of you are not fully satisfied, but find only that there are strong probabilities of guilt, your only safe course is to acquit. Before you can find the defendant guilty as charged in the indictment, the State must prove, beyond the existence of a reasonable doubt, to your satisfaction, and to the satis- faction of each one of you: 1. That George D. Saxton is dead. CANTON'S GREAT TRAGEDY, 279. 2. That he came to his death on or about the 7th day of October, 1898, in the county of Stark and state of Ohio. 3. That Annie E. George did unlawfully, purposely, and of deliberate and premeditated malice, kill and murder him, on or about said 7th day of October, A. D. 1898, by the means, or some of them, charged in the indictment. If the State has failed to establish any one of these facts beyond the existence of a reason- able doubt, to your satisfaction, and to the satisfaction of each one of you, as I have ex- plained, you cannot find the accused guilty of murder in the first degree as charged in the indictment. Before you can be authorized to find the de- fendant guilty of murder in any degree, you must, from the evidence introduced find beyond a reasonable doubt, that the accused killed George D. Saxton, in the manner and by the means charged in the indictment and at the time and place alleged, and this you must find from the evidence and circumstances in the case. You will look to all evidence in the case, direct or positive and circumstantial, for the purpose of determining whether the accused did kill said Saxton at the time and place and by the means charged in the indictment; and if you do not find beyond the existence of a reasonable doubt, that she did, your verdict should be not guilty. But if you do find that she did, you will proceed to determine the degree of 280 CANTON'S GREAT TRAGEDY. the crime of which you find her guilty. Direct or positive evidence is evidence to the precise point in issue, as in case of homicide that the witness saw the accused inflict the blow that caused the death. Circumstantial evidence is that which relates to the series of other facts than the fact in issue, which by experience has been proven so associated with that fact that in the relation of cause and effect they lead to a satisfactory con- clusion. Circumstantial evidence in criminal cases is the proof of such facts and circum- stances connected with, or surrounding the commission of the crime charged, as tends to show the guilt or innocence of the party charged; and these facts and cirumstances must be sufficiently conclusive to convince the jury, beyond the existence of a reasonable doubt, of the guilt of the defendant as charged in the indictment, before the jury can convict. And if the facts and circumstances shown by the evidence in this case, standing alone or together with the positive or direct evidence, are sufficient to satisfy the jury of the guilt of the defendant, beyond a reasonable doubt, then such evidence is sufficient to authorize the jury to find the defendant guilty. The law demands a conviction wherever there is sufficient legal evidence to show the defendant guilty, beyond a reasonable doubt, and circumstantial evidence is legal evidence. Before the jury can legally re- turn a verdict of guilty on circumstantial evidence alone, they must find the existence of CANTON'S GREAT TRAGEDY. 281 every necessary circumstance indicating guilt, beyond the existence of a reasonable doubt, and if there is a reasonable doubt in the mind of any juror of any material fact in the chain of circumstantial evidence necessary to make out the crime charged, the defendant cannot be con- victed on circumstantial evidence alone. Circumstantial evidence must be weighed with great caution, and it must not only be incon- sistent with the defendant's innocence, but in- consistent with any other hypothesis than that of her guilt. The accused is indicted under a section of our law against crime, which reads, among other things: “Whoever purposely, and either of deliberate and premeditated malice, or by means of poison, or in perpetrating or attempt- ing to perpetrate any rape, arson, robbery or burglary, kills another, is guilty of murder in the first degree.” So far as the charge in the present case is concerned we may read it for the sake of clearness: “Whoever purposely and of deliberate and premeditated malice kills another, is guilty of murder in the first degree.” Murder in the first degree is the killing of another purposely, unlawfully, and of de- liberate and premeditated malice. This degree includes all the lesser degrees of homicide. One charged with murder in the first degree may be convicted of murder in a less degree, and even of the offense of assault and battery, or of assult only, if the testimony 282 CANTON'S GREAT TRAGEDY. does not satisfy the jury beyond the existence of a reasonable doubt, that the accused was guilty of any offense greater than an assault or an assault and battery; or may be found not guilty, and under this indictment you may find the defendant guilty of murder in the first degree; or, you may find her not guilty of murder in the first degree but guilty of murder in the second degree; or, you may find her not guilty of murder in the first or in the second degree, but find her guilty of manslaughter; or, you may find her not guilty of murder in the first or second degree or of manslaughter but may find her guilty of assault and battery or of assault, or, you may find her not guilty at all. This is not a mere discretion; but it is your duty to return such a verdict as the testimony under the law as the court has given and may give it to you, demands. And you must specify in your verdict whether you find her guilty of murder in the first degree, or of murder in the second degree, or of manslaughter, or of assault and battery, or of assault only, or not guilty. And your verdict, as I have said, should be such a verdict as is demanded by the testimony, under the law as I have given and will give it to you. Let me now call your attention to the several degrees of crime charged or included in the indictment in this case: Murder in the first degree, us I have already said, is the killing of another purposely, and of deliberate and pre- meditated malice. In order to constitute the CANTON'S GREAT TRAGEDY. 283 crime of murder in the first degree, the act must not only be premeditated with the malicious intent to kill, but also with deliberation and premeditation. These three elements must exist in every case to constitute that deliberate malice and malignity of heart which is the essential in- gredient of the offense. Deliberation and pre- meditation imply the capacity at the time to think and reflect, sufficient volition to make a choice, and by the use of these powers to refrain from doing a wrong act. If the defendant did kill George D. Saxton, did she inflict the wound in a sudden transport of passion, excited by the preceding events claimed for her during the trial, coming into her mind suddenly on meeting the deceased, and which for the time disturbed her reasoning faculties and deprived her of the capacity to re- flect? Or did she do it, if at all, while under the influence of some sudden, uncontrollable im- pulse, excited on suddenly seeing deceased by the final culmination of her alleged wrongs and misfortunes, as indicated by the train of events claimed by her, if you find from the evidence that they are true? Or did she kill him, if at all, after having formed the design to do so, and having deliberated and premeditated upon it? These are questions of fact for you to determine —in the light of the evidence, and in the light of all the circumstances—in fixing the degree of crime, in case you find the defendant guilty. Evidence of the alleged relations of the de- 284. CANTON'S GREAT TRAGEDY. fendant and the deceased, George D. Saxton, since 1889, and prior to the death of said Sax- ton, has been permitted to go to you, not because the said relations of said Saxton and the defendant are any excuse or justification or de- fense or the offense of killing of deceased by de- fendant, if you find from the testimony that she did in fact kill said Saxton, as in the indictment set out, there are no justification, or excuse, or defense, but for the purpose of enabling you to determine whether or not said homicide was committed with deliberation and premeditation, if you find that the accused in fact did commit said homicide. The alleged wrongs and mis- fortunes of defendant, or the failure of deceased to keep any of his alleged promises, or both of these together, would furnish no justification for the taking of his life, if the accused did in fact, take the life of the deceased. Neither did the defendant have any right to take, if she did take, or attempt to take, if she did so attempt, the law into her own hands to right any wrongs, which she may have suffered, or claims to have suffered at the hands of said George D. Saxton. As to the purpose orintent to kill, I instruct you that the law presumes that every person intends the necessary or probable consequences of his own voluntary and intentional act. The purpose or intention to kill may be proven by circumstances; by what the party does or says, by the manner of inflicting the wounds, or of CANTON'S GREAT TRAGEDY. 285 the killing, by the means or instrument used, if one was used, or if the means were used. If an instrument was used, was it such as was likely to produce death Was its tendency to destroy life? If in the present case you find from the proof beyond a reasonable doubt that the accused voluntarily and intentionally did what is charged in the indictment, in such wise that death would be the natural and probable result, and that the deceased was thereby actually killed, you may find that the killing was purposely done and intended by the accused. As I have already said, the killing must be shown to have been done by the accused of her deliberate and premeditated malice. To constitute deliberate and premeditated malice, the intention to do the injury must be deliberated upon, and the design to do it formed before the act was done; though it is not re- quired that either should be done any consider- able time before. This supposes that the party by reflection knew what she was about to do, and intended to do it in order to do harm. A premeditated design or purpose is the right of thought and reflection; and a design conceived, and afterwards so deliberately considered as to become resolved and fixed, is regarded by law as premeditated. When the design to take human life is formed after deliberation and pre- meditation, and where there is time for deliber- ate thought, then no matter how soon the 286 CANTON'S GREAT TRAGEDY. malicious and felonious killing may follow the formation of the settled purpose, it is murder in the first degree. When the purpose to malic- iously kill with premeditation and deliberation is formed, the length of time between the design so formed, and its execution is immaterial. It is only necessary that the act of killing be preceded by the concurrence of the will, by de- liberation and premeditation on the part of the slayer. But where there is not time for the purpose of deliberation and premeditation, the unlawful killing cannot be murder in the first degree. The act must be reflected upon, de- liberately determined before it is done. If the passion was excited, has the blood had time to cool? Has reason had time to assert itself? Premeditation and deliberation are operations of the mind, and require an ex- ercise of reason, reflection, judgment and de- cision; and are to be determined by the acts and conduct of the accused. They may be in- ferred from the facts and circumstances sur- rounding the transaction; they may be established by circumstantial evidence. If a person has actually formed a purpose to kill, and deliberated and premeditated upon it, before she performs the act, she is guilty of murder in the first degree, however short the time may have been between the formation of the purpose and its execution. It is not the time that constitutes the distinctive difference between murder in the first degree and murder CANTON'S GREAT TRAGEDY. 287 in the second degree, but the actual existence of the formed and deliberate purpose to kill. It matters not how short the time, if the party had turned it over in her mind, weighed and de- liberated upon it. In deliberating and forming a design, it is not necessary that the accused was not laboring under excitement, that the passion had not been aroused; but if aroused, was there time for the blood to cool? Was it at the time of forming the design sufficiently cool that the mind could have reasoned? If the passion was aroused did the accused have time to reason and determine what she would do, before she in fact did it, if she did in fact do it? In the crime of murder in the first degree, and I may also say in the second degree, (and I will explain to you hereafter what constitutes the crime of murder in the second degree) malice and an intent to kill are essential in- gredients. Malice does not necessarily mean hatred or ill will. It may include both, but not necessarily so. It is the doing of wrong to another purposely and intentionally. Where one wrongfully and purposely injures another, the law presumes that he intended the necessary or probable result of the act, and that it was malicious. It is not necessary that express malice be shown, although in this case the state claims, that it has shown express malice; and as tending to show this, evidence of threats claimed to have been made by the accused against the deceased, has been introduced in 288 CANTON'S GREAT TRAGEDY. evidence. Whether they were made or not and what they were if made, you must determine from the evidence. But malice may be shown or inferred from the facts and circumstances at- tending the killing, facts and circumstances that have a tendency to show that the accused acted maliciously; such as that the killing was wilfull and inexcusable, or without great provocation, when the blood was up, or not upon a sudden quarrel, when the passion had not had time to cool, and the like. It may be shown from previous hatred or ill-will. Malice is defined to be the dictate of a wicked depraved and malignant heart; a threat regardless of social duty, and bent on mischief; depravity of the human heart which determines to take life either from no provocation, or upon slight or insufficient provocation, without knowing or caring to know who may be the victim. While, to constitute the offense charged in this case the intent alleged in the indictment is necessary to be shown, yet direct and positive testimony is not necessary. In may be inferred from the facts and circumstances shown by the evidence, and if you believe from the evidence, beyond a reasonable doubt, that the assault al- leged in the indictment was made deliberately by the defendant, on the said deceased, and was likely to be attended with dangerous con- sequences, then the intent necessary to make out the case, so far as it is required, will be presumed. CANTON'S GREAT TRAGEDY. 289 One may be convicted of murder in the first degree although no motive for the crime is dis- closed, nor any previous ill-feeling shown to have existed, the act having been apparently one of unlawful, malicious, deliberate and pre- meditated killing without provocation; though proof of motive is of more or less importance in cases of purely circumstantial evidence. But when the act is purposely, intentionally, and the indisputably done, by the perpetrator of al- leged crime, there is no occasion on the part of the State, for explaining the reason for the act. Threats, if any, may tend to show motive. If you and each of you are satisfied by the evidence in the case and under the instructions I have given you, beyond a reasonable doubt that the accused unlawfully, purposely, and of deliberate and premeditated malice, killed George D. Saxton, at or about the time named in the indictment, by the means charged in the indictment, and in said county and state, then it is your duty to return a verdict of murder in the first degree, and that will end your labors. If from all evidence and circumstances in the case you are satisfied beyond the existence of a reasonable doubt, that the accused, on or about the time named in the indictment, at the place therein named, and by the means therein charged, did in fact kill said Saxton, yet if you are not satisfied beyond a reasonable doubt that she did it with deliberation and premedi- tation, you will turn your attention to murder in the second degree. 290 CANTON'S GREAT TRAGEDY. The statute provides: “Whoever purposely, and maliciously, without deliberation and pre- meditation, kills another, is guilty of murder in the second degree. The difference between murder in the first degree and murder in the second degree, is that in the second degree de- liberation and premeditation are not necessary. An intention to kill, however, is an essential in- gredient of murder in the second degree. When the act of killing is proven to have been purposely and intentionally done by the accused, malice is to be presumed ; and all the circumstances of justification or excuse or ex- tenuation must be made out by the accused, unless they appear from the evidence adduced against her. In order to convict the defendant of murder in the second degree, you must find beyond the existence of a reasonable doubt, that on or about the day charged in the indictment, in the county of Stark and State of Ohio, the defend- ant purposely and maliciously and intentionally killed George D. Saxton, in the manner and by the means charged in the indictment; and if the state fails to satisfy you beyond the existence of a reasonable doubt that the defendant did so purposely and maliciously, and intentionally kill said Saxton, then the defendant is not guilty of the crime of murder in the second degree. All that I have said to you on the subject of purpose and malice in the crime of murder in the first degree, is applicable, and essential to the CANTON'S GREAT TRAGEDY. 291 crime of murder in the second degree, except that the killing is not deliberate and premeditated. If you find from the evidence beyond the existence of a reasonable doubt, that the accused did unlawfully, purposely, maliciously and in- tentionally kill George D. Saxton, in the manner charged in the indictment, at the time and place and by the means therein named, and that it was not an excusable or justifiable killing, then, malice is presumed by law, and the crime is murder in the second degree. If you do not find the accused guilty of murder in the first degree or guilty of murder in the second degree, you will proceed to inquire whether or not you find her guilty of manslaughter. Manslaughter is the unlawful killing of a human being without malice either express or implied, and without excuse. It is distinguished from murder by the absence of malice, either express or implied, which is the basis of murder. To constitute manslaughter the killing must be done when reason is disturbed or obscured by passion to an extent which might render ordi- nary persons unable to act reasonably without reflection, and from passion rather than judg- ment. There must be an adequate provocation for the passion, and the killing must be without previous malice. The provocation by the de- ceased must have been the great and controlling cause of the passion, and it must have been such 292 CANTON'S GREAT TRAGEDY. as naturally and instantly to produce in the minds of persons ordinarily constituted, the highest degree of exasperation, rage, anger, or sudden resentment, and to make the mind in- capable of cool reflection. A sudden transport of passion, caused by adequate provocation, if it suspends the exer- cise of judgment and dominates volition so as to exclude premeditation and the previously formed design, is sufficient to reduce the killing to man- slaughter; although it does not entirely dethrone rea,SOIn. If you find from the evidence beyond a reasonable doubt that the defendant, Annie E. George, did take the life of said George D. Sax- ton at the time and place and by the means de- scribed in the indictment, and that the killing, if any, was done in the heat of blood, and in a sudden and uncontrollable transport of passion excited by the preceding events of deceased's alleged wrongs to defendant, coming into her mind suddenly on meeting the deceased, and which for the time suspended her exercise of judgment and dominated her volition so as to ex- clude premeditation and previously formed de- sign, and that there was adequate cause for such sudden and uncontrollable transport of passion, and that the killing was without malice, express or implied, and if you should find that it was not excusable or justifiabie, she is guilty of man- slaughter. But if you find from the evidence beyond a reasonable doubt, that the defendant CANTON'S GREAT TRAGEDY. 293 did take the life of said deceased at the time and place and by the means stated in the indictment, and that the killing was done purposely and maliciously, then she would be guilty of a higher crime, as I have already explained to you, than manslaughter. Let me define now an assault and battery, and an assault: “Whosoever unlawfully assaults or threatens another in a menacing manner, or unlawfully strikes or wounds another is guilty of an assault or an assault and battery. And an assault is an act done towards the commission of a battery, with the present ability to complete it.” Evidence has been introduced which the state claims tends to show that prior to the alleged homicide the accused threatened the life of the deceased. What threats, if any, were made by her against him, their nature and character, the circumstances under which they were made, if made at all, and the weight to be given to them are all matters for you to determine in the light of the evidence and circumstances in the case. This testimony is admissible as tending to show malice and motive, and the deliberation and pre- meditation with which the crime charged was committed, if you find beyond a reasonable doubt that it was committed by defendant. To the question of motive and malice and pre- meditation and deliberation I have already called your attention. 294, CANTON'S GREAT TRAGEDY. The question of the general character, or general reputation of the defendant for chastity, virtue or morality is not an issue in this case, and testimony as to this question was not ad- missible. The fact that such testimony was not offered is not to be considered as a circumstance against the defendant. Some testimony has been introduced tend. ing to show that persons addicted to the habitual use of morphine or like durgs, of which class are opium or laudanum, as a stimulant, are usually unreliable and untrust- worthy; and that the habitual use of such drugs for any considerable length of time generally produces a diseased and disordered condition of the perceptions an imagination, and that such persons are generally devoid of a proper regard for truth. It is for you to de- termine in the iight of the testimony whether the witnesses for the state, Christina Eckroate and Mary Grable, or either of them, has used morphine or like drugs in such quantity and for such length of time as to affect her moral per- ceptions and imagination and reliability for truth telling ; and what if any weight is to be given to their testimony or the testimony of either of them. The fact that the defendant was not called as a witness in her own behalf, and did not testify in her own behalf is not to be considered by you as any evidence or even a circumstance against her, and must not be considered by you CANTON'S GREAT TRAGEDY. 295 in your deliberations or conclusions in this case. The law provides that the defendant shall not be called to testify in her own behalf in criminal cases, and her not doing it is not to be construed by you, or even a circumstance of guilt, and must not be considered by you to influence or prejudice you in your findings and conclusions herein. Should you find the defendant, Annie E. George, guilty of murder in the first degree, you may in your verdict recommend mercy for the said defendant, in which event the punish- ment will be imprisonment in the penitentiary for life. If the testimony proves beyond a reason- able doubt, that the defendant is guilty either of murder in the first degree or of murder in the second degree, or of manslaughter, you should so find, nothwithstanding the fact that the de- fendant is a woman. If the testimony shows that the deceased was guilty of illicit relations with the accused, or with any one else other than the accused, that cannot form any justification or excuse or defense for the accused, if you should find that she is guilty of the killing of the said George D. Saxton. While an alibi is a legitimate and proper de- fense to make, and if satisfactorily made is con- clusive, yet it is essential to the satisfactory proof of an alibi that it should cover the whole time of the alleged homicide or that it should 296 CANTON'S GREAT TRAGEDY. satisfactorily prove that the accused could not, with ordinary exertion, have been at the place where the homicide was committed, at the time it was committed. The defendant's attempt to prove an alibi is no admission of the body of the crime charged, nor does her failure to prove an alibi, if she has failed to prove it, necessarily in- fer any presumption that she was present at the time and place and when and where the crime is alleged to have been committed. Many times during these instructions I have used the phrase, “beyond a reasonable doubt,” and it is necessary that I now explain to you what is meant by a reasonable doubt. It means what its name implies—a doubt based on reason. Such a doubt as a reasonable man would have, after weighing and carefully con- sidering all the facts in the case, actuated by the single desire to arrive at the truth. You will be justified and are required to consider a reason- able doubt as existing, if the material facts without which guilt cannot be established may be fairly reconciled with innocence; yet in human affairs absolute certainty is not always attainable; from the very nature of things reasonable certainty is all that can be attained on many subjects. When a full and candid con- sideration of the evidence produces a convic- tion of guilt and satisfies the mind beyond a reasonable doubt, a mere captious, or ingenious, or artificial doubt is of no avail. - In weighing the testimony to determine CANTON'S GREAT TRAGEDY. 297 where the truth is, and what weight you should give to it, you have a right to take into consider- ation the character and standing of the wit- messes, their occupation, their appearance, their conduct on the witness stand, their interest in the deceased or in the accused, or in the result of the trial, the reasonableness or probability of the story they tell, any statement which they have made at other times and places with re- gard to the matter they testify to, which are in conflict with the statements made on the witness stand, and their motive for testifying. If, after giving all the evidence in the case, such weight as you think it is justly entitled to, and under the rules I have given you, you or either of you have a reasonable doubt as to the guilt of the defendant, your duty must be to find her not guilty. I may now call attention to the form of your verdict. If from the testimony in the case and under the law as I have given it to you, you find the accused guilty of murder in the first degree as charged in the indictment, you will say so by your verdict. If you do not find that she is guilty of murder in the first degree, but guilty of murder in the second degree, you will say so by your verdict. If you do not find that she is guilty of either murder in the first or in the second degree, but guilty of manslaughter only, you will so find. And if you do not find that she is guilty of either of these three preceding offenses which I have mentioned, but is guilty 298 CANTON'S GREAT TRAGEDY. of assault or of assault and battery, you will so find. If you do not find that she is guilty of any of these offenses contained in the indictment, you will return a verdict of not guilty. When you retire to your jury room, you will appoint one of your number foreman. When you agree upon a verdict, you will reduce it to writing, have your foreman sign it, and return With it into court. You may now retire.” 25% º º THE VERDICT. CHAPTER XXIII. Immediately after the charge was finished, the Court directed that the jury be conducted to their room for deliberation, and ordered that at the noon hour the Bailiff, who had the jury in charge, should provide their lunch. The Court at the same time ordered that the jury should be kept together until a verdict was reached, unless it would appear that they could not agree, and that their meals would be taken to them by the Bailiff. The jury left the Court room in charge of the Bailiff and the crowd began to disperse. Mrs. George, who had listened with great eagerness to the charge, arose, and after having greeted a number of her friends, as was usual when she left the Court room, she was con- ducted to the jail by the deputy sheriff. She was apparently cheerful, and seemed anxious to get away from the crowd that filled the outside of the bar of the Court room. 300 CANTON'S GREAT TRAGEDY. About one o'clock the court room was filled with persons who seemed to be determined to await the verdict. The Court officers and the members of the press were in the places occu- pied by them during the trial, and were awaiting the verdict. Various speculations were indulged in as to the length of time that the jury would require in reaching a verdict. It was generally thought and expected by those who were anxious for an acquittal, that the jury would not remain out very long, while others claimed that there would either be a verdict of guilty or disagreement. Very few indeed expected a verdict for more than manslaughter. Time wore away, until at 5:30 o'clock P. M., Judge Taylor left the court room for the hotel. He remarked that he would return some time during the evening. He also said that he would not retire until midnight, and would be in reach of the Court Bailiff if a verdict was re- turned. A great many persons remained until 1 o'clock A. M., and then they retired, leaving no person in the court room but the Bailiff and a few of his friends. Hour after hour time passed and still no verdict. At 7 o'clock in the evening some of Mrs. George's friends called upon her at the jail. She said that during the whole afternoon she had been encouraged by friends who had remained with her, and who had encouraged her in ex- pressing themselves to the effect that the verdict CANTON'S GREAT TRAGEDY. 301 would undoubtedly be in her favor. Upon entering the jail she would ask her friends at once “Has the jury done anything yet?” On being told that no verdict had been rendered she said, “Well, I don’t believe they will hang meat any rate, but it is hard to tell what twelve men will do.” She spoke of some of the witnesses who had testified against her and criticised them severely, saying that their testimony was entirely un- true. She also spoke of the severe arraignment by the Counsel for the State, and remarked that she did not think that such arguments would aid them in procuring a verdict. She further said that if the verdict would be against her that she would not ask for a new trial. She did not seem to be down hearted at all, and all her actions and what she said indicated that she had the greatest confidence in a verdict of acquittal. After the jury had been served with their breakfast in the morning, the court room again filled with anxious people. Mrs. George was seen again that morning, and seemed to feel less confident than she had during the day before. She was discouraged. The fact that the jury had failed to return a verdict, during the whole night, she regarded as a bad omen, yet she remarked that she could not see how she could be convicted, and she seemed to nerve her- self to meet the final act in the proceeding. During the whole forenoon the court room 302 CANTON'S GREAT TRAGEDY. was occupied by curiousity seekers who were anxious to be present when the verdict was an- nounced. About 9 o'clock some person came from the Court House upon the street and an- nounced that the jury had agreed. Immediately people could be seen running upon the streets for the court room, and in less than a minute, the room was filled with people. It was then learned that it was a false report, and a great many people left; others remained to await the verdict. At 10:26 Friday morning the electric bell in the court room rang, announcing that the jury required the presence of the Bailiff who had them in charge. Judge Taylor, who was present at the time, took his seat upon the Bench and directed the Bailiff to wait upon the jury. He done so and immediately returned and announced to the Court that the jury had agreed upon a verdict. The Court ordered the Bailiff to conduct them to their proper places. The news again spread rapidly, and before the jury had taken their places, the room was crowded with spectators, Attorneys, Court house attaches, who all crowded promiscuously inside of the bar, and wherever they could find stand- ing room. Mrs. George was sent for, and in a few minutes she was seen with the Deputy Sheriff forcing her way through the crowd to the table she had occupied for so many days during CANTON'S GREAT TRAGEDY. 303 the trial. Her Attorneys were already in their places at the table. When Mrs. George entered she was very pale, and there was an expression of great anxiety upon her countenance. She evidently was greatly excited, but had determined that she would suppress her feelings and excitement, and meet the stern reality that awaited her, with composure. It was some minutes before the jury were in their proper places, and as soon as Court opened the Judge remarked that he wanted it distinctly understood that there should be no public demonstration by the spec- tators, no matter what the verdict might be. The Court ordered the Bailiff to inquire of the jury if they had agreed upon a verdict, and it was announced by the foreman that they had. The verdict was then passed to Clerk Casselman by Foreman Zang, of the jury. The Clerk then took the verdict from the envelope in which it was sealed, and began to read in a loud, clear tone of voice as follows: THE STATE OF OHIO, Stark County, ss. THE STATE OF OHIO, | Plaintiff, VS. * CRIMINAL ANNIE E, GEORGE, ACTION. - Defendant. “We, the jury impanelled and sworn to well and truly try, and true deliverance make, between the State of Ohio and the prisoner at the Bar, Annie E. George, do find the defend- ant Not Guilty.” JULIUS ZANG, Foreman. 304 CANTON'S GREAT TRAGEDY. No sooner was the verdict announced than, in defiance of the order of the Court, just given, a wild shout rang out in the court room from hundreds of spectators. Mrs. George arose to her feet, and immediately shook hands with and thanked her Attorneys for the able manner in which she had been defended. Then she passed to the jury, and shook hands with each juror, and thanked each one separately for the verdict, which not only gave her her liberty but saved her life. It was an exciting scene. She was sur- rounded by her friends, and for fully ten minutes she received congratulations; not only her friends but nearly every person in the court house, except those who had been engaged in the prosecution, shook her hand and congratulated her. After the verdict had been read and a note made by the judge upon his docket of the verdict, Judge Taylor announced that the jury having found the defendant “Not Guilty,” she was discharged from custody. The crowd began to disperse, and after some time she left the court room in the company of her friends, and went again to the jail to prepare for leaving the place she had spent so many sad and weary days. She then in the company of relatives left the jail for the Conrad Hotel. Hundreds of people had gathered in front of the jail, and when she CANTON'S GREAT TRAGEDY, 305 came out, a shout went up as she passed through the crowd. Thus closed one of the greatest and most sensational criminal cases that has ever been tried in Ohio, and thus closed the last act in the sensational and tragic death of George D. Saxton. - - That a most heinous crime had been com- mitted, there never was any doubt, and it was a case, which, under the law, demanded a most rigid and careful investigation. Anything less would have been a disgrace to the fair name and reputation of Stark county. The case was well and ably tried on both sides. The prosecution exhausted every means to procure all the proof which could be had to convict the accused of murder, but they failed; whether rightfully or not, may never be known. One thing is quite certain, that if there was a miscarriage of justice in the decision of the jury, as to the facts, it is not likely that the murder of George D. Saxton will ever be avenged. The trial had occupied the attention of the court for twenty-two days, during which time there was a great deal of speculation among those who had been in daily attendance as to what the verdict would be. Public opinion was not equally divided as to the result of the trial. There was a decided majority in favor of the accused, and who were very anxious for an acquittal. 306 CANTON'S GREAT TRAGEDY. º There was a free expression of sentiment in and about the court house among those who heard the testimony, and at times it seemed as though nearly everybody who had no im- mediate interest in the result, and who had watched the proceedings of the trial, were anxious that Mrs. George would be acquitted. There were a number of newspaper re- porters present during the entire time, from the time of the impanelling of the jury, down to the return of the verdict. All of the proceed- ings of the case were taken in detail and tele- graphed to their respective newspapers. They were very courteous and clever gentlemen, full of fun, and their presence had a very cheerful ef- fect upon those who regarded the case from a more serious standpoint. These reporters were careful in their expression of individual opinions, which might be prediudicial to either side, as the proceedings were sent to their papers. New York, Chicago, Cincinnati, Cleve- land and Pittsburg papers were represented. While they were nearly all in full sympathy with the accused, and privately expressed a de- sire that she should be acquitted, the news as published was entirely impartial, and both sides were well pleased with the manner in which the proceedings of the trial was reported. After the verdict was rendered, Mrs. George went to the jail, as before stated, and she then, with her relatives who were with her, took CANTON'S GREAT TRAGEDY. 307 dinner at the Conrad Hotel. She was the cynosure of the crowds who had not been present at the time of the trial, and who had gathered on the sidewalk in front of the hotel anxious to get a view of her. She remained at the hotel during the afternoon with her relatives. A great many persons called upon her and congratulated her upon the result of the trial. These relatives had been with her during the whole time and remained with her several days. During the afternoon she re- ceived a number of telegrams from theatrical managers in which they tendered her engage- ments in Pittsburgh, Cincinnati and Columbus. She was offered liberal inducements if she would consent to take a position on the stage. One enthusiastic manager came to see her from Columbus, and offered her $500 per week for several week's engagement at Columbus and Cincinnati. Mrs. Blanchard, president of the Woman's Right Club, in Pittsburg, also wrote her and offers her $500 for one week's engagement in Pittsburg, to lecture on the subject of Woman’s Rights. Mrs. George consulted her attorneys on these matters and she was advised by them to not accept any of the theatrical engage- ments. She concluded however to accept the proposition offered by Mrs. Blanchard to lecture, and arrangements were perfected, and the time was fixed for her to lecture in Pittsburg, the next week. As soon as it was CANTON'S GREAT TRAGEDY. known that she had accepted this engagement, some of the Pittsburg daily papers published articles condemning her action, and thestrictures upon the subject of Woman's Rights were so severe, that the lecture was canceled. Mrs. George felt very much discouraged about this, as she concluded from these reports that her presence as a lecturer would not be ac- ceptable, and that the people did not care to hear her. She gave up this date and afterward made arrangements to give her first lecture in Steubenville, Ohio, on the same subject, on Wednesday evening, May 10th, and on Thurs- day evening, May 11th, she was to deliver her lecture in Akron at the Grand Opera House. Whether her lecture enterprise will prove a success remains to be seen. While her education has been somewhat neglected, she will no doubt prepare herself thoroughly if she concludes to fill her en- gagements upon the platform. She has had a wonderful career. She has experienced great trouble and difficulties, but as she is yet a young woman, she certainly has an oppor tunity to so conduct herself that the afternoon of her life may be much happier than the former part of it. 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