The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-04-29

CUTLERY, OF Marion, representing the
defendant, Hamilton r. Curry, then
made a stirring and able address for
his client. He began by saying that
the shooting was justifable and that
Curry had to so act in order to pro-
tect himself from death or great bod.
ily harm. He criticized the stealing
OF coal from railroad company, or
the many other petty crimes of the
day and pleaded for more officers like
Curry, more officers who will up
hold the law at any price Mr.. Guth-
cry read portions of the statutes and
from other authorities, to prove that
Curry was an officer of the law in
every sense of the word and had a
perfect right to serve the warrant as
he did attempt to serve II. He also
stated the penalties imposed by law
upon an officer who fails to serve
warrants, such as Curry held
Mr.. CUTLERY next took up the du-
ties OF Jackson under the law and
asked why the dead man did not go
to Marion with the officer to face
the charge against him, and not have
resisted. He said this was a case
where an officer was being tried for
murder, when he only did his duty.
Mr.. CUTLERY gave various cases on
which the courts had passed, in
which officers like Curry were tried
for murder of parties who they shot
while attempting to arrest. He cit
ed that the court had decided that
the officers in those cases, had fired
in self-defense purely.
Mr.. CUTLERY then spoke of his be-
lief in observing tie law, at all times
but he maintained tnat there was no
malice or bad feeling shown by Curry
when he shot Jackson. Mr.. CUTLERY
took the view that II the Jacksons
we're I'm need, they would not have
, had to steal coal, but could have Sc
cured necessary relief from charitable
, organizations at Marion. The speaker
next briefly reviewed the scene of the
; murder and ridiculed the statements
I on the witness stand of Mrs. Jackson
J daughter, Laura, and Mcdonald. He
r showed up the character of Mcdonald
2 and called him q wife deserter" and
5 a man who did NOT even know the
r whereabouts of his own small child
: ren. with such witnesses they seek
! to send to the electric chair q man
who has always borne spotless
character" said Mr. Cutlery.
: Mr.. CUTLERY reviewed much of the
d testimony of the trial and used the
t picture of the cornheld to illustrate
Y his remarks. The speaker defended
e the truth OF the statements of wit
r nesses for the defense. He quoted
y Coroner Brady's report of his inquiry
= to sustain the defense's claim that
o Curry shot purely in self-defense Mr.
CUTLERY closed his interesting argu-
IS ment with resume of the testimony
It of the character witnesses who came
a and spoke in Curry's behalf.
S At 1910 o'clock a recess OF fifteen
a minutes was taken.
e Court opened again at 1920 O'Clock
;. when Col. Jack Eagan, the brilliant
& young Dayton lawyer, made his clos
g ing address for the defense. Col
% Eagan's abilities as an attorney havc
le become we'll known over the city an(
& county and the fact that he was go
le ing to speak drew the largest crow
le yet in the court room at this trial
a His address was up to the STANDARD
Le expected OF him by his hearers, be
!. ing a gem of logic and oratory. Hi
reputation as being a noted crimina
ID lawyer has certainly been sustained
l. by Mr.. Eagan's conduct as chic
" counsel for Curry and by his address
" Of Thursday.
O. Col. Eagan paid pretty tribut,
III to the fairness OF Judge Babst, il
u, presiding over the case, and to tn
II abilities Of the states attorneys AM
j. of the attorneys who sat with hin
'y in the defense. He spoke his pleas
ure of meeting Upper Sandusly peo
'h pie and then expressed his regret be
~ cause of the prejudice in Mario
IL county against his client, why" h
y, said, "the very air of Marion count
'u has become impregnated with hat
~ against q mere boy, one who has al
~ ways lived life that was of tn
=. Dcbls MI bdbdh opONc VI the dIuu
~ Gus duties of the jurors, but said h
NC knew they would still be patien
when they remember that life
70 in their hands to decide with wha
to do.
Then, taking up the case, aske,
a. why the Jacksons moved from Tc
aS ledo, that mecca of thugs and rot
s bers," to the agricultural section
-. when the burglar season was oper
- ing" He answered this: "Why {
ho welcome Mcdonald and Scotty Myer
90 two Jail birds for many, many times
al He charged that Jackson never worl
o. ed while in Marion and then spok
et of Jackson meeting Mcdonald an
&C Myers two knights of the road" {
ed Walbridge and of their trip in a bo
m car to Marion.
- Jackson never saw the men befoI