The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-04-26
CURRY GAINS
STRONG POINT
Judge Babst Overrult 9 Strong
Objection of State.
STORY OF KILLING TOLD
STORY OF KILLING TOLD
Witnesses Describe In Detail
the Death of Jackson.
c DISCRIMINATION Fails to Weaken
States case-Curry I Proved a
Detective by States Witnesses

Judge Babst rendered a most Inn
portant decision Monday morning at
the opening session OF the second
weeks battle in the noted Curry
murder trial. The state strenuously
objected to the defense proving
through its witnesses that Hamilton
n. Curry was q detective when he
shot and killed j. w. c.. Jackson.
Prosecuting Attorney Charles L..
Justice argued THAT the state had
not admitted and does not intend to
acknowledge that Curry was a COM
missioned officer. He declared 1t
unfair for the defense to introduce
evidence I'm cross-examination, tend
ing to prove that Curry was con-
stable or officer of the law. Judge
Babst declared that the state had
practically admitted Curry a detect
i've by not objecting heretofore to
the cross-examination. 1T is too
late to offer such objections and
they are overruled," declared Judge
Babst.
The state had intended to prove
that Curry was not a detective un-
der the laws of Ohio. This feature
will now probably be developed
through trosstexamination of the
witnesses for the de-ense.
later Prosecutor Justice objected
to Attorney Egan speaking OF the
prisoner as "Detective Curry" The
court observed the objection and
instructed the jury not to consider
Curry a detective, just because At
torney Egan gave him the title.
The most bitter fight of the trial
will be made on the question of
whether or not Curry was a detect
i've and had lawful right to serve
warrant upon Jackson.
Reuben Greenland an Erie switch
man, was the first witness called by
the state Monday morning. In the
tourse of the examination, the at
torneys engaged in several severe
chewing matches"
In cross-examination, the defense
showed that Greenland had been
coached by the counsel for the
state concerning his testimony. The
state came right bal,k at the de-
tense and showed that the witness
had been interviewed several times
by the defendants counsel and had
been induced to disclose his testi-
mony.
From the wrangle, the jury would
easily conclude that the counsel for
H.. nafan1nnf
carefully plotted their cases.
Greenland stated that he witnessed
the shooting; that he saw Jackson
pick up something, but declared that
he could not say what II was. lie
testified that he did not hear the
reports but saw the puffs OF smoke.
Under cross-examination Attorney
Egan found 1t impossible to trap the
witness. Greenland admitted that he
had been arrested several times be-
cause OF too much booze. His
testimony was clear and he proved
one of the states most valuable wit
nesses.
Perhaps the most convincing
story yet told by any witness for
the state was the testimony OF w.
II. Lowmaster, an Erie railroad con-
ductor. He stated that he witnessed
the alleged crime from a caboose on
the Erie hump yard. He alleged
that jackson did not have the corn
cutter raised and said that he did
not walk rapidly when he went to
pick up the knife. He said that he
arrived on the scene shortly after
the shooting and measured the dis
tance between the spot where jack
son lay and where Curry stood. II
was sixteen feet. Lowmaster proved
absolutely invintible under cross
examination. His testimony was not
shaken in any particular and At
torney Egan displayed his wisdom
by postponing his usual lengthy
oross-examination.
Charles C.. Boiler, also an Erie
switchman, told a story that is be-
lieved to have greatly strengthened
the case for the state. The sum
and substance of his testimony fol-
lows was that Curry, when seen at
the Erie hump yard on the afternoon
of November 30th, appeared to be
pale; he was seen to pull down his
hat, remove his gloves and place his
hand on his pistol pockets, Just pre-
vious to his visit to the Jackson corn
field. Jackson had his hands at his
side when he was shot. There were
two shots fred. Jackson started to
fall after the first shot.
Attorney Egan attacked the wit
ness with vengeance. He induced
Boiler TO acknowledge that Jackson |
might have had corn cutter in his
hand and had 1t hidden behind his
body Boiler had testified in direct
that Jackson did no