The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-10-05
The Twelve Men Who Will
Decide Hammers Fate.
Actual Trial Not Begun I'm.
til 1890 O'clock.
Statement of the Case Brings Tears
10 the Eyes of Both Mothers Who
We're Present When Court Opened
---F'irs. Witnesses arc Examined.

Selecting jury to try the case OF
the State of Ohio against George T.
Hammer was slow work and II was not
concluded until thirteen minutes be.
fore ten o'clock this morning. The
jury was then taken to. the scene OF
the alleged murder-in front of the
Colonial Billiard parlor on North
Main street-and 1t was 10:30 q. m.
before the actual trial of the case
was commenced.
Prosecutor Charles L. Justice stated
the states contention in the case to
the jury. Mr.. Justice said that the
state expected the evidence to show
that Cubbison was attacked by Ham
ner earlier than nine o'clock on June
IL, 1903, In the Bank restaurant kept
Dy John X. Forsyth. There had been
some trouble and Hammer had hit
| Cubbison several times. Cubbison
was prevented from defending him.
self The trouble was renewed later
on the sidewalk and Hammer refused
to fight Cubbison. Without warning,
! ne drew, his penknife and slashed
| Cubbisons throat causing injuries
| which resulted In death at the Gen.
trail Emergency hospital two days la
ter. - .s irfHat ,e
Attorney Grant L. Mouser stated
the case for the defense. He said that
4 the defendant had pleaded not guilty
and expected to stand upon that plea.
He said that he expected the evidence
| to show that Hammer was always a
| peaceful citizen, q peacemaker and
not trouble hunter. Mr.. Mouser told
the jury that Hammer struck in self
defense; when he believed that his
life was in danger and had good rea-
son for so believing; that he informed
Cubbison that he was not fighting
man, but rather n laboring man who
did not care to have trouble with any
one.
Under the law for second degree
murder the most severe sentence
which Hammer can receive Is life
sentence in the penitentiary, He may
be found guilty of manslaughter, IL
the jury sees fit. netailing q service
of ro mfive to twenty years in the
penitentiary.
The mother of the dead Roy Cub
bison, heavily yelled in mourning APP
peared in court this morning for tho
first time. She sat close to Prose-
cutor Justice and his assistant Fred
Il. CUTLERY and almost within arms
reach of Hammers mother, and other
relatives. During the time that coun-
sci was stating the cases to the jury
the women found tears flowing free
ly.
i The crowd In the court room this
morning was a small one but during
the remainder of the trial and espe-
cially during the arguments 1t Is ex-
pected that the room Will be insult
ficient to hold the crowds.
These are the Jurors accepted by
prosecution and defense to decide the
fate of George Il. Hammer.
Samuel Brownmiller, A. Il. Tobin,
Daniel Shoncey, w. ii. Kanfeld, Ja-
cob Fetter, Phillip Shrock, Daniei
Tritch. James Beard, George Gun
ther. l.. A. Gull, Henry w. Keller.
and NJ. J. Moral.
The first witness called TO the stand
was w. ii. Brooks. The witness de-
voloped a habit of mumbling his
words and many of his answers were
30 articulatcd that the Jurors could
not hear. After being admonished
by the court he proceeded and proved
TO be a mighty strong witness for the
state. 1t IS was his contention that
Hammer advanced toward Cubbison
aud cut him with the panknife. lie
said that Hammer first rctreated
probably six or eight feet, turned
away, pulled out his knife and then
advanced upon his victim, He ad-
mitted that ,Cubbison had been
swearing at Hamher and asking him
to fight II out fifth him, but denied
that Cubbison followed him when he
went to walk away or that he was In
q menacing attitude.
The witness struck n strong blow
{ at the self denfense theory OF the de-
Tense and his story could not be
broken down by the defendants law
yers In any important particular.
Some amusement was caused In
court by Fred G. Lutz the North
Main street barber. who was anxious
to get away to catch train for Mil
waukee where he is to attend the an
nual convention of the BARRIERS I'M
ion. Lutz was to go last night but
the jury was not complete and he
had to wait until today. Unable to
leave at 10 o'clock for Chicago, he
, expected TO get away at 1894 p. IN. Al
{ one o'clock he was put on the stand
, and kept there until twenty-five min
, utes after the hour. Dismissed, he
had gotten as far as the door wher
he was called back and kept sew
erar minutes mre Getting away the
( second time he almost ran from the
Z rom and just caught his train.
r Lutzs testimony was hardly as Inn
, portant as that Of Brooks who pre-
ceedd him. Lutz did not know oi
much that preceded the cutting but
!. he, with others, pursued Hammer AM
I caught him, afterwards delivering
him over to the authorities. On the
]. whole, though, he was good witness
for the state and his story was not
, disputed In any great particular dur
: Ing ss-examination.