Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1885-01-01

/
Dy the State.
Beni. White was lot objected TO and
was sworn As juror.
| AT ten minutes after four o'clock the
panel was full, and the excused jurors
/ we're ordered discharged. The tine Oc-
supied ia securing the jury was but three
hours aud ten minutes, an lncredlole
i snort period and almost without parallel
In case Of murder in the arSt degree.
At 4:I5 the witnesses for the State,
about 30 in number, were called by Clerk
Cash and sworn.
Before the statement of the case, d
maL Of the spot where the crime was
com tilted was displayed in view of the
Jury by Mr.. J. 5. Bundy, civil engi-
neer.
STATEMENT OF CASE BY COUNSEL
About half past four o'clock, \. h,
Kennon, Esq, Prosecuting Attorney,
arose and said substantially:
If the Court please, and Gentlemen OF
the Jury:
The State of Ohio is plaintiff in this
case and Emmett Mitchell is defendant.
Referring to the section of ths statute
under which the indictment was found,
he said the grand jury at its last session
| found an indictment against Emmet
| Mitchell fer the murder of Charles Grif-
fifth. The testimony will show that this
defendant did kill Charles Griffith, and
10 order that you may understand the
locality where the crime was committed
| want to refer to this map. Mr.. Ken
non explained his theory of the case in
hi md
ded by saying that this was one of the
most cruel murders of which there has
been any record, and that he believed
they would have no difficulty in inding
that it was not only purposely commit
ted but with deliberate purpose.
1 Mr.. Danford for defense. said:
In response to what has been said.
only have to say, that l beg of you To
keep your minds ready to receive all
the testimony that shall be delivered at
the stand. For the prisoner l have nc
statement to make further than to say
that his plea is, that be is not guilty
Of the offense as charged, and of this
lie has put himself upon his trial to a
jury Of bis country.
! Judge Kelly admonished the jury as
follows:
You have been empanelled as fair
minded men; it will be your duty to free
yourselves from any prejudice or opin'
ion, or even shadow of opinion, in order
that you may weigh from the testimony
| YOU may consider As the case pro-
ceeds you should keep yourselves free
from any opinion regarding the guilt
OF innocence of the prisoner, until you
have heard not only one, but both sides,
of the case You will keep yourselves
entirely free from communication with
the outside world. You are to hear
nothing except what you hear under
the solemn sanctity of an oath.
| You are required to be kept together
and an officer will see that you are
provided for. The court will adjourn
until $40 o'clock to- morrow morning
The prisoner is remanded.
SECOND DAY-TUEsDAY.
Court was was called at S:45 o'clock
Dept Clerk Riley read the journal of
the previous day. At ten minutes be-
fore 9, Jos. 5. Bundy was called as the
lirst witness for the State. He display
ed a map and testified as follows:
Am civil engineer and surveyor, St.
! Clairsville; made plat of scene of h0m-
icide, scale of 10 feet to inch; explained
same to jury; 9z1 feet from gate where
| Griffith was found, to Mitchell's house
bank over d foot high at east side of
road where Griffith fell; 1853 feet from
Mitchell's line fence to gate.
Cross examined-The beaten road is
on West SIuo of Grifhth's.
| w. s. Hawthorne south of
Louisville, west mile from c. Grif-
dth's, was at work on farm I'd of sept.
last, about Al rods from Gritfith's gate;
know Mitchell; saw him blowing near
their house On that day, and going down
the road about 4 o'clock; the field he
was blowing in, was near MItchelfS STA
/ disappointed out on a map where Mitch
ell wdS-Seout 10 O'Clock Mitchell left
the field; he went down the road, past
Griffiths gate; next saw Mitchell in eve
ning, supper time; had his team WITH
min when ne went down road; knew
Griffith; saw him at IL O'Clock, going
along this road home, with his team /;
when first saw hun, he was little south
of Ms house; was hauling coal: didn't
watch him on his way saw him get off
/
team, and went in front of team and
picked something up; don't know what
At was, or what he did with it; saw him
Stoop down only one time. Saw him
next at clock at a distance; he was at
my house in a wagon, while was at
town. Next saw him when he was
found in the road; pointed out on map
place where q. was found, about 40 feet
RsrLh of gate. L was TO orchard after
apples; Mr. Mitchell called for me; saw
ilAn standing in the road he said, come
Quick and l ran ran over; that was Da.
VII Mitchell, prisoners father; when
gos there, Charles Griffith was lying
detd Ia the road none there but David
| Mischeil; no horse there; he was lying
on right shoulder and back, catty-cor+
nered across beaten track of road-head
southeast, with feet north west; his head
was lying on east side of wagon track OF
road his mouth was open, blood Spat-
tered on whiskers and face; a bunch of
clotted blood on his head; 1 was not
there great while; first persons to ar
rive after got there was Benz. Leper
and Geo Wilkinson; Mr. G had nothing
L Noticed but his cane. but l forget just
! HueTe III was III W. udu plSIol Will
him; felt it in his pccket-right hand
pants pocket-lay at bottom of pocket
saw no horse there; the pistol was taken
out of G's pocket by BENZ Loper; L did
not have pistol in my hand; Benz Loper
examined the pistol; Mr. Loper said the
pistol was loaded full; Dave Mitchell
and lifted G. out of the road and laid
him on the SOD bank, on the spot indica-
ted on map; Geo Wilkinson laid stone
under his head; after we laid on the
bank started for Benz Loper's house
him and Geo Wilkinson, coming; we
went back. (The clothes of the dead
man shown witness, and identified as
clothes worn by Griffith at the time he
was found.) Did not notice his hat; no
clothes taken off hin there; saw no