Daily camera., 1897-10-13
EMPANELLED THE JURY.
Tho Trial of H. =. Mellor for the Murder
of His Son Begins This Morning.

as follows:
A. H. Adamson Joseph B. Bowers
J. T. Caywood M. S. V. Cook
Charles Dixon Robert B. Forbess
Moses Hoover N. D. Johnson
Seymour Johnson James Pittman
Ed Snyder A. J. Thorpe
As soon as the jury was selected Dis
trict Attorney Patton opened the case
with his address to the jury. In that ad.
dress he outlined the case as it would be
presented by the state and testified to by
the witnesses for the state. He related
the story of the killing from the time
James Mellor left his cabin and went out
to meet his father, to the time the latter
came to Boulder and gave himself up.
He told how H. c. Mellor drove out the
horses from the oat field and then repri
manded his son tor letting them within
the enclosure; how words had followed,
resulting in the killing of James Mellor
by his father. During Mr.. Patton's ex.
position of the case, Attorney Ward in
terrupted him at points where the testi-
mony of the Rev. Mr.. Harger and Sheriff
Dyer, in relation to what Mr.. Mellor had
told them, would have to be introduced,
as he expected to argue upon the right of
the prose to admit that testimony.
At the conclusion of Mr.. Patton's ad.
dress Mr.. Ward waived his right to state
the case of the defense until the con-
clusion of the taking of the testimony
for the prosecution. Court then adjourn
ed until 9 o'clock this morning.
When the court reconvened this morn
ing, Joseph ]. Kerr was the first witness
called. Kerr was residing with James
Mellor at the time of the killing in the
small cabin at Quigleyville, three miles
from Ward. His testimony in brief was
that James Mellor and himself were in
the formers cabin preparing breakfast;
that Mellor said he wanted to 60 to
Boulder and would 70 and ask his father
for five dollars which he owed him. The
elder Mellor lived in cabin across the
road in a southwesterly direction from
the sons house. Kerr said that Mellor
washed his hands and was throwing the
water out of the door when he said,
There comes my father now" He then
placed the basin down and went out to
meet his father, closing the door after
him. Kerr said that few minutes
elapsed when he heard a shot, but for
some reason it did not impress him and
he paid no attention to It. A couple of
minutes later Kerr heard a groan and
went to the door and opened it. His eyes
at once fell upon the form of James Mel
lor, who was coming toward him and
bending forward. When near the door
Mellor exclaimed, "My father shot me,
I'm killed, I'm killed."
He then fell forward on the door step.
Kerr stated that he then looked up and
saw for the first time H. c. Mellor,
standing with his hand on the fence post,
and with pistol in his right hand. Mel
lor senior, Kerr said, then came forward
and told him to get doctor and render
his son all possible assistance. He then
hurried back to his cabin and Kerr saw
him no more. Kerr then proceeded to
the house of Mrs. Moon and informed
Mrs. Hyatt, Mrs. Moons mother, of the
tragedy and then proceeded on to Ward
After little he met a man and telling
him to go to Ward for a physician, re.
turned again to Jim Mellor's cabin.
The next witness called for the prose-
cu,lon was Jobe Hill, who lived with H.
c. Mellor. He told the following story:
H. c. Mellor and he had finished their
breakfast and he was washing the dishes.
Mellor went out to attend to his horses
and in few moments Came back and
went into his bed room. He reappeared
with his coat on and went out doors
again. Hill testified that in few
minutes Mellor returned again and told
him that he had shot his son and was
going to Ward for doctor. He in,
structed Hill to 60 over to James cabin
and attend to him, which Hill says he
did. Jim Mellor he found on the door
step dying.
Mrs. Hyatt, the next witness, testified
to having seen Hubert Mellor pass the
house and noticed that he was excited.
She also stated that in response 10 Kerrs
summons she went to James Mellor
house and found him on the step and
staid there till the arrival of the doctors
Drs. Campbell and Gillingham. both
of Ward. testified to having been sum
moned by H. c. Mellor to 20 to the aid
of his son, and that they found the latter
dead at his house.
When Mellor had given the instruc'
tions to the doctors, he then went to the
Rev. H. c. Harger and giving himself