The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-07-27

Burke had never refused him drinn
when he had IL in stock.
Asked what he had told BENJAMIN
Mosier he said he had told him and
Oscar McElhaney after he had obtain
ed evidence.
II am here to catch these men and
am going to- stay with 1t and they
can spell my name anyway they
please but they can't spell It Curry"
The next witness placed on the stand
by the prosecution was Captain A.
l.. Bond, OF the local police. His tes-
tlmony dealt with the raid conducted
on the place of business conducted by
Michael and Edward Burke on North
Main street. lie said the police had
seen the tenders in the place acting
as though they were pouring out IL
quor as they were passing the place
and that the raid resulted. Nothing
was found in the raid. A motion to
have the Testimony of Bond erased
from the record by the defense was
overruled.
Williams Snyder, of Wyandot Coun-
ty was next on the stand He told OF
the three going into the Burke place,
Stillwell asking for booze, Gongwer
asking for beer and he taking what
the others took Stillwell had been re-
fused booze" because Burke said he
had none. Snyder said he had taken
some of the liquor and that 1T was n
hot sort of mixture but that he could
not say what 1t was. He said he had
never tasted gingerale upon being
questioned by Mayor Scherff.
Joseph Gongwer was the next wit
ness. He also is a Wyandot county
farmer. He said he had known Still
well and Burke fairly well and he re-
viewed the scenes as portrayed by
Stillwell later In the trial. He said he
thought that what he drank was whis-
key at the time but that he had
studied good deal over the matter
and really didn't know what it was.
Show Counsel about the size of the
glass in which was placed whatever
you drank" stated Judge Marriott.
well, that Is pretty hard to do" I
suppose they all know about how
large n common beer glass is"
mis- remake caused much laughter
and the attorneys stated their appre-
citation of the compliments of the
witness.
THE DEFENSE.
Benjamin Mosier, of this city, was
the first witness for the defense. He
said he had known Stillwell and that
he had gone into Hotel Marion while
the talk was current about the evil
dence which had been obtained and
that he had asked StillwelI there what
he had arrested the boys for and he
returned that he had to make living
The prosecution delved into the
character of Mosier, much as the de-
fense had delved into that of Stillwell
and there were numerous objections
Ask If he had ever paid the govern.
ment tax for selling liquor Mosier
hesitated and objection was made and
sustained. Asned what the business OF
his wife was an objection was again
raied by the defense and sustained
The fact that he Mosier had been mar
ried twice was brought out but the
prosecution gained nothing. Mosier
said his first wife was dead when he
was married the second time. Mosier
became quite indignant when the
questions We're asked and 1t was fear
ed that trouble would result. Mosier
denied that ne had offered Stillwell
anything to get out of town.
Martin Cosgrove and p. Drake were
next on the stand and their testi-
monies closed the afternoon session.
AT six o'clock Court was again
opened. Practically all OF the testi-
mony was OF an uninteresting nature
and much of 1t dealt with the private
life of the local persons who were on
the stand. Jacob Lauer and Ralph
Stoll and William McGrath were on
the stand early in the evening. The
character of Burke was testified to as
good but little else was brought out
of interest. ID. Molloy and Michael
English were next on the stand and
English said he had been deceived in
lStillwell stating that he had thought
him a gold mining machine repre-
sentative and that he thought he
might need a job with him some time.
He invited him out to dinner one
Sunday. An effort on the part of the
prosecution to obtain an exact date
from witnesses when the liquor was
sold Stillwell was futile.
Oscar McElhany was next on the
program in the interesting performan-
ce and Attorney Clark on the prosecu-
tion sought to learn II a person OBJ
tanned what he asked for at Burke's
place of business. 1t appeared that
zone did" according to the testimony
of McElhany.
Lester Messenger was on the stand
and he declared that it was on the
Monday before the fifth OF July that
the incident occurred which was nam
ed by Stillwell. Little was brought out
in this testimony.
Edward Burke was placed on the
OF In, A