Daily camera., 1897-10-14
SECOND. DEGREE.
The Jury Returns . Verdict Against 81. c
Mellor for the Murder of His Son.

w ASh ehS AiStAiSl SouAS ISSoilSo ySS
terday afternoon, after the conclusion Of
the prosecution in the trial of H. c.
Mellor. Charles B. Ward opened the case
for the defense by his address to the
jury. Mr.. Ward recited the history Of
the prisoner, his previous good reputation
and sought to show that the drawing of
the pistol was only bluff; and that the
explosion of the pistol, which resulted in
his sons death was an accident.
The first witness called for the defense
was H, c. Mellor, the accused. He was
much affected by the terrible ordeal and
at one time came very near breaking
down. He told the story of his English
birth, told of his family, and of a wife
and five children who are now residing
in England. He had come to America
in 1890 and after sojourn of eight
months in Denver, proceeded to Ward.
His son James followed him from Eng
land in few months. Mellor was
carpenter by trade and followed that for
awhile, but afterwards went to mining,
and was SO engaged at the time of the
shooting. He testified that he was
superintendent of a mining company in
Ward and that James, bis son, had work
ed for him; also that he and his son had
had quarrels. On one occasion the son
had broken into the fathers house and in
the alteration that followed had struck
him; in the anger of the moment Mellor
had pointed pistol at his son and told
him to desist, which he did. A separa-
ton, lasting over eight months followed,
but upon the sons return all was for
given and he was taken in, clothed and
fed.
Up until August Ist James Mellor had
worked for his father, but on that date
had quit, no hard feelings existing. On
Sunday, the testimony of the prisoner
continues, he went to Ward, and as he
intended returning home that night, car
ried his pistol in his trousers pocket as
he always did. Monday morning he
slipped his overalls over his trousers
without removing the pistol. After
breakfast he went out back of the house,
rounded up the horses, put them in the
barn and then, as he was perspiring and
was afraid of catching cold when he
~oo1ol o4 "a h0nco a hIs
coat. There were no pockets in the coat
and the pistol was not in the coat as the
state was trying to make out. Mellor,
intending to get his son and 60 and get
some logs, then proceeded in the direc
ton of his sons house, but when passing
his oat field went in and turned out some
horses which he saw in there. He heard
hi, sons voice then and he was saying
that he was going to turn the horses
back in the field. Words followed and
the son made step to strike the father.
Mellor remembered his pistol and reach
ed for It, he testified, and drew it as a
bluff. The son stopped and the father
started to 60 around him. when the pis-
tol, which was in his right hand. was ac-
cidentally discharged. Mellor said that
he did not at first think the bullet had
struck his son, but when moment later,
he heard his son groan and saw him
stagger toward his house, full realzl.
ton of the occurrence passed before his
mind, and he followed up and gave d.
rections to Kerr as stated by the other
witnesses. The rest OF Mr.. Mellor's
testimony was practically the same in
detail as brought out by other witnesses.
DR.. Campbell, John !. Reed and Capt.
Thomas J. Sipple were then called and
testified 10 the good reputation which the
prisoner bore in Ward. Sheriff Dyer
told of the days of grief the prisoner had
suffered after the shooting, and told Of
his weeping and lack of appetite.
Court then took recess until after sup.
per, and after the charge by Judge
Boughton had been read the addresses
by the attorneys followed. Norton Mont
gomery, who assisted the prosecution,
opened with clear, logical and forcible
exposition of the case.
Attorney Ward followed with his plea
for the defense, and with great skill and
tact showed up the incidents of the
shooting which had placed his client on
trial for his life. No plea for mercy was
made, but for merely an administration
of justice, which, after the evidence ad-
duced, IN Mr.. Wards opinion, demanded
acqu:ttal. Mr.. Wards address was an
eloquent appeal to the reason of the jury,
while it was also clear and logical ex.
position of the defense in the case.s
A comprehens We reply followed from
| Mr.. Patton and he clearly put forward
the points which were in favor of the
state and demanded the conviction of
the prisoner.
The case went to the jurWat Io:45.
The jury this morning returned YER
dict of murder in the second degree
| The D.p,Ity for the ver6 rt rapUes from