The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1903-01-29

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being no challenges for cause or
peremptory was sworn MS the
eleventh juror.
G. w. Murphy had formed an
opinion. He was objected to for
cause and excused.
Daniel Hostler proved to be the
last juror called, for after an ex-
animation and there being no
objections or peremptory chal-
lenges, was sworn as the twelfth
juror.
The jury was now complete and
sworn as a whole. They are :
Thos. Prichard, Allen Tennyhlll,
Henry Carrick, John Downhour,
j. M. Floyd, James Bagley, John
Brooker, M. V. McClellnnd, Kirts
Hunter, Frank McManaway, j.
Donnelly and Daniel Hosler.
1t was now 1915 p. M, several
minutes past usual time Of adj
iourning for noon recess, but the
jury had been impaneled and court
adjourned until 80 p. m. after
the Judge charged the jurors to
this effect "The Importance of
the case requires you to be kept
together and that you may not
hear at the various boarding
houses or hotels where you can
take your meals, some remarks
there made, which may have some
weight, l will issue an order to
have you placed in charge of the
sheriff, who will see that you eat,
sleep and remain together. You
are not to say anything to each
other or should you permit any
one to approach you about the
case. Mr. Sheriff you have heard
my instruction, you will please see
that they are carried out"
In the afternoon, on motion of
c. V. Wright, the jury was taken
to Gore to view the premises where
the murder was committed.
Court convened Tuesday morn
ing promptly at o O'Clock and the
witnesses for the state and defense
were at once called and duly
sworn. Immediately following
witnesses were separated by order
of the court and instructed to stay
in attendance unless excused.
There being no miscellaneous busi-
ness before the court, the cause
was stated on part of state by
Prosecuting Attorney A. r. Nc
Broom in three counts, the first of
which was a charge of murder in
attempting to perpetrate a rape
second, charge of murder in at
tempting to perpetrate robbery
and third, the charge of murder
He also stated to the jury the facts
the state would prove to make
their case. At the conclusion Col
is. Weldy states the case for the
defense to the jury, saying among
other things that statement was
one thing, truth, evidence another
= and that the innocence of accused
would be proved.
| The first witness called by the
state was DR.. John Donaldson of
Gore as expert witness, who testi-
, fed IN substance as follows, towit
81 have been practicing physician
% years and was acquainted with
Martha Jane Hite, whose health
was in fair condition until the
indisposition preceding the in
juries received on night of Jan.
DIST. / attended her on morning
of 21st at which time there were
no indications of immediate death.
Her face was bruised, there was
an ugly cut above the left eye, also
one in upper lid Of same eye, and
the skin on the back between the
shoulder blades extending down
back along the spine bruised and
lacerated. The wound on the face
and head were apparently made
with blunt instrument. There
r were several bruises on the head
(refering to notes to refreshen his
memory the scalp confused and
skin was off of back. j was not
} able at first to locate all the bruises
on head because of the matted
|. condition of the hair, filed as it
was with weeds, grass and blood.
The wound in back lay on each
side of spine, and extended from
the tips of the shoulder blades to
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