The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-07-27
MAYOR SAYS
BURKE IS GUILTY
Fixes His Fine at $3.50 And
Costs.
HIS BOND IS INCREASED
Motion For a New Trial
Overruled.
Interest I'm the Trial In Mayor Iuff's
Court I'm Prospect Was Intense
Trial Lasted Until 1900 O'Clock
Korte's Case Is Up Today.

One OF the most orderly trials pos
sible, and yet one In which enthu-
siasm and interest was at high pitch
court of Mayor Huff, at Prospect, Mon
day afternoon and evening. The sue
cessive victories, which were won on
either side during the progress of the
trial served to increase the interest
until toward the close enthusiasm was
at a very high pitch and yet there
was no indication of trouble between
the parties who were equally repres-
ented in the case. The manner in
which the Prospect executive con-
Quoted the case was the subject of
much comment at Prospect during the
day and 1t was mutually agreed be-
tween the two sides in the case that a
square deal was being given
1t Is seldom that the village of
Prospect has trial in which night
sessions are held and there was very
large attendance last evening. The
sessions Of the court were held in the
old township house at Prospect and
standing room was decide,y at a pre-
MUM. Men stood willingly through
out the progress OF the trial which
lasted until near IL o'clock Monday
evening. But one time was there a
profane word uttered in the court
room and it was feared that this was
to be the beginning of trouble. With
promptness, however, the mayor
brought the room to order and no
trouble was experienced.
Stillwell, the prosecuting witness,
laid bare his past life in a manner
which was listened to with marked
interest by the people present. His
testimony was the most interesting
of the afternoon and his life was
brought out in detail by the defense.
His past life in his almost every move
was given the court, how that he had
lef' the home of Taylor Purdue, in
Wyandot comfy, in company with
Purdue's wife and how that his wife
had never learned where he was and
how that he had lived with Purdue's
wife without marrying her. All of
these things were brought out in de-
tail while Stillweli was on the stand.
In the opening OF the trial Monday
afternoon progress was delayed by the
lack OF papers which were to arrive
on the next car from Marion. The
papers proved to be matters concern
ing plea in bar which was presented
by the attorneys for the defense,
Mouser and Maloney and Judge Mar
riott, OF Delaware county. They asked
that, inasmuch as the defendant Ed
ward Burke was one In jeopardy in a
case against him of very similar
nature in the probate court in this
city that he should not be again tried
on this similar charge Attorneys
Thompson and John II Clark, who
acted as attorneys for the Law and
Order league of this city, declared
that Burke had never been given a
trial on the merits of the case in the
probate court, by reason of the fact
that the Judge was without jurisdic-
tion in the case Mayor Huff over
ruled the plea and the trial began in
regular order.
Attorneys for the defense asked
Messrs. Thompson and John II. Clark
IL they were either solicitors or prose
cutors, duly elected in the county and
upon receiving the negative reply
asked that the attorneys be dismissed
from acting in the case saying that
1t Is the business of these officials to
prosecute the case for the state, This
too was oyerruled, the Mayor stating
that the state may select whatever at
torneys 1t may desire to prosecute the
case.
In opening the case proper the pros
lecution presented certificate bearing
data concerning the election held In
Marion county in which the striking
majority OF the "drys" votes was
shown. A very rigid battle followed
lover this matter and objections were