Los Angeles herald., 1909-07-20
CLOSE TO FIST
FIGHT IN COURT
ELDER MITCHELL DEN0UNCES
PROSECUTOR HORTON
IMMINENT ATTACK PREVENTED
BY OLD MANS FRIENDS
Close of Arguments in Murder Case
Expected Early This Afternoon,
When Jurors Will Take
Case

A sensational incident followed the
adjournment of the Mitchell murder
trial Yesterday, when G. Ray Horton
deputy district attorney was threat
ened with assault by Mitcheus father,
A. j. Mitchell, as the two men IeIt
Judge Willis courtroom.
Prosecuting Attorney Horton had
Just concluded his argument to the
jury, during which he roundly scored
the elder Mitchell, accusing nm OF
cowardiCe in not taking upon his own
shoulders the duty of protecting hls
daughter Ethel from Cecil Thayer, 1of
the killing of whom William u Mitch
ell is now being tried.
"I want you to understand that my
honor is as dear to me as yours is to
YOU" shouted Mitchell as he and the
deputy reached the corridor. Horton
made no reply. He halted as Mitchell
advanced toward him, but the physical
combat that appeared imminent was
prevented by a number of the old
mans friends, who hurried him from
the building.
Excitement also was occasioned ear
" in the day when Mrs, Libby Thayer,
mother of Cecil Thayer, tainted in the
corridor a few minutes after she gave
testimony contradicting statements
made by Mrs. Mitchell and her daugh-
ter Ethel. She was revived a short
time later in Judge Willis chambers.
Physicians Deny Insanity
The taking of testimony was ended
shortly after the beginning of the aft
ernoon session, all those testifying dur
ing the day being called to rebut
statements made by witnesses for the
defense, with especial reference to the
mental condition of Mitchell at the
time of the killing. Several physicians
after listening TO a lengthy hypothet-
ical question propounded by Deputy
District Attorney North and based on
the testimony heretofore given stated
their belief that Mitchell was sane
when he killed Thayer.
Mrs. Thayer, mother of the dead man,
eontradicted the statements made by
Mrs. Mitchell and her daughter Ethel,
who said they had not visited the
Thayer home after the Mitchell family
learned of the relations existing be-
tween Ethel and Thayer, Mrs. Thayer
testifying that she had received several
calls from Mrs Mitchell and her
daughter after the former had knowl-
edge of this intimacy.
G. Raw Horton delivered the open
ing argument for the prosecution. Il
do not want to see this young man
believe punishment should be meted
out and that no sentimental ideas
should enter into the deliberations of
the jury"
Home Training Criticised
He criticised Mitchelrs home train
ing, contending that measure Of re-
sponsibility for his act should rest
upon the shoulders of his father.
This young man." he said, MAD
been on a cattle ranch and his asso-
ciates were cowboys. When he reached
a situation he could not control in any
other man he undertook to make him.
self emphatic with a gun. 1t does not
necessarily mean that man is crazy
or has a diseased mind when he shoots
another, and I believe it was due to
his fathers urging that he went after
Cecil Thayer the night of the latter's
DEATH"
Mr. Horton contended that a great
deal of the testimony introduced by
the defense had been fabricated, and
in closing again urged the jurors 70
disregard all questions Of sentiment
and render a verdict in conformity
with the facts as disclosed by the evil
dence.
The case will go to the jury some
time this afternoon, John c. North
making the closing argument for the
prosecution. He will be preceded by
Attorney Earl Rogers on behalf OF
Mitchell.