The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-09-25
ATTORNEYS IN
LIVELY BOUT
Charges are Made by Both
Sides.
LITTLE PROGRESS IN TRIAL
Klehm Case. Drags Very
Heavily.
Hearing I'm the Case Was Dismissed
Friday Evening Until Monday
Morning After Only Two of the
Witnesses had been Examined.

There was little progress made in
he case of Frank Rathell against
William Klehm which was taken up
tor trial in mayors court at 1
'clock Friday afternoon. Despite the
act that the court was nearly four
tours in session, only the testimony
II two witnesses was received. A
great deal of the time was consumed
~ the wrangling Of attorneys.
At the conclusions of the long
irawn out session Friday afternoon.
dayr Scherff adjourned court until S
l'clock Monday morning. II is likely
hat the greater part or Monday will
be consumed in receiving the testi-
nony The state has several witnesses
'et to be placed on the stand while
he defense will examine twelve wit
iesses and II is very doubtful IL the
rial will be concluded Monday.
In the course of the proceeding Fri
lay afternoon, not a few heated ar
uments occurred The state maGH
I strong protest against counsel fui
he defense attempting to discredit the
Prosecuting witness by asking him
low many times he had been arrest
ion and the defendants counsel
,aims that grave errcr was made.
The first witness on the stand was
lanes Rathel, wno was alleged 90
rave purchased whiskey of William
ilehm. at the Nordica hotel on Aug
st 30th. He told his story in
Straightforward manner ana admit
ed that he had lid i'm his convcr-
alton TO Attorney Louis T.. Myers,
When he discussed tho case at the
'ttorney's office. WHOA asked why
,e lied. he declared that he did it 70
void being mixed up in law suit.
IN cross examination, Rathell admit
ed that he had told Attorney Myers
n tho presence of witnesses that he
lever bought any whisky at the Nor
lica hotel. but stated that he had not
old the truth. Rathell declared that
Glenn Merchant was with him when
,e purchased the Hhiskey and cm-
,hatically denied the defendants as
yertion that both were drunk
The testimony of Glenn Merchant
Uttered in some respects from that
offered by the first witness he
iecmed to remember more of the de-
tails which occurrd before than after
The time when the drinks were al
legged to have been purchased. There
we're no serious conflictions, how
over in the evidence produced.
Herman Kalkbrenner, proprietor OF
he hotel Nordica. mad been on the
stand only few minutes when court
adjourned He testified that no liquor
vas sold at his hotel on August 30th
md claimed that he never saw the
.wo states witnesses before.
The attorneys of the state were dis
satisfied with the manner In which
Attorney Louis f.. Myers was conduct.
ing his cross examination. They ac-
used him of pettyfogging and in re-
,ponse to their attacks, Mr.. Myers
ave a fifteen minute speech on the
subject His Ability" Not a few
desperate clashes between the attor-
leys will occur before the trial Is
concluded.
A peculiar feature of the trial i5
he fact that the state has subpoenaed
.ouis Myers, the defndant's counsel
Z Is likely that he will be placed on
he witness stand Monday and will be
.sked 10 explain his remarks alleged
% have been mace to one of the
states witnesses. Myers limited that
he will site one of the states Wit
1osses for perjury.