Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-05-07
MITCHELL JURY
ALLOWED TOGO
HOME AT NIGHT
UNUSUAL CONSIDERATION IS
SHOWN TALESMEN
sEAYER's FATHER GIVES TEsTI-
MoNY IN BOYS BEHALF
Declared Daughter Was IncorrigibIe
and Admitted She and Thayer
Lived Together When
They Pleased

for the defense and Assistant Prose-
cutting Attorney John North, Judge
Willis, before whom william Mitchell
charged with the murder of Cecil
Thayer, is on trial for his life, al
lowed the jury to separate and the
members to go to their respective
homes.
This course was decided upon after
the prosecutor had conferred with the
defendants counsel and an agreement
had been reached. 1t was foreseen that
the trial would last until some time
next week, and as the jury had been
locked up for several days it was de-
cided to give them their liberty except
while in court.
Judge Willis in announcing this fact
to the jury admonished them not to
discuss the case among themselves or
with other people and not to read
newspaper accounts. He instructed
them also that if any person insisted
upon discussing the case with them to
report the matter to the court and
proper steps would be taken to handle
such person. The jury was SO pleased
with this arrangement that as soon
as they were out of the courtroom they
clapped their hands.
The indications are that the trial
will last until the middle of next
week. If not longer. The father, moth
err and sister of the defendant We're
on the witness stand yesterday, the
mother being recalled by the defense.
The sister, May Mitchell; A. ]. Mitch
ell father of the defendant; Mrs. HI. 10.
Hart. a neighbor and confidential
friend of the Mitchell family, and CAL
vim Hartwell, the coroner, were other
witnesses.
Mother in Court
For the first time, Mrs. Clarence
Thayer, mother of the slain boy, was
in court. She was dressed in deep
mourning. A body of law students
were admitted to the courtroom and
there was also a number of girls from
a school of stenography present.
The usual crowd thronged the corrl-
dor of the hall of justice trying to get
in to hear the testimony. 1t was ex-
pected that Ethel Mitchell would take
the stand, and this increased the anx-
iety and curiosity Of the morbid to
enter the courtroom. Judge Willis,
however, would allow only certain
number in the courtroom. 1t is prob
able Ethel Mitchell will go on the
stand today, though it is by no means
certain. When the defendant will be
put on Is known only to the defense:
Coroner Hartwell was the first wit
ness called yesterday morning; he
testified that Cecil Thayer had the
image of a naked woman tattooed on
his left arm, with the Initials 'E. M. "
under it and the image of devn on
toadstool, with the same Initials be-
meath it.
Assistant Prosecuting Attorney
North recalled Mrs. Mitchell, the boys
mother, for further cross-examination,
and she testified to Mrs. Thayer'S eff
forts to have her let Ethel come and
spend the night there. She declared
she lost confidence in Mrs. Thayer be-
cause Of her insistence on this point.
Sister on Stand
May Mitchell, a sister of the defend
ant, was called by the defense. she
said that she was the cause of Cecil
'Thayer meeting her sister, introducing
Ethel to Guy Luther, who a few days
later brought Cecil to the home. Her
testimony was substantially the same
as that of her mother with reference
to the defendants moods, his conduct,
the conduct of Ethel and OF Cecil.
Nothing new was added to the case by
her evidence, though it indicated that
w lllldiii Nlll1iiCiA OACSNeNN - 49,
over something.
A. ]. Mitchell, the defendants ia
Their. who is very pale from illness and
who declared that he had not had
good nights sleep in thirty years, was
placed on the witness stand. He gave
many details concerning the tncorrigl-
bility of his daughter and the conse-
quences thereof. :,
The witness said he ordered Cecil
Thayer to stay away from his home.
He remembered doing this once on
August 2S, 1908. He first limited he
would like him to cease his calls, and
then said he told him straight out
to stay away. He told of Thayer COM
ing near the house and whistling for
Ethel, who joined him and others.
There were four of them in one
seated buggy. He commanded her to
come back, and Thayer shouted back
to him. go to -" He objected TO
Thayer because Ethel was too young
to have young men calling. lie testl-
fed as to q letter written by Thayer
from San Pedro, which begun my GEAR
sweetheart" and in which he told her
he was broke and had pawned Nher
rings.
In the letter he suggested they would
90 to Mexico. He said that Ethel once
fold them when being disciplined, that
she and Cecil were the same as hus-
hand and wife and that she would live
with him, as it was nobodys business.
Ethel was out frequently as late as
1880 at night. He said his son dhe
defendant) mentioned the matter of
having Cecil arrested and told of the
time Ethel was taken before Judge
Wilbur. Ethel told Judge Wilbur that
a. boy named White had accomplished
her ruin, but Judge Wilbur, the wit
ness said, did not believe her He
knew that it could be only Cecil and
told Judge Wilbur that Ethel was
shielding him.
In answer to questions he said that
after his return from Arizona the last
time his son was different boy.
HE seemed to be more quiet and
moody" said Mitchelps father. HE
did not eat as much and spent his
evenings in his room. He was greatly
changed and appeared to be worried
about something. l saw him frequent
ly with his head hanging down or
buried in his hands.
Ibid he seem to be queer or crazy?
aSraY 1tr11 ion