The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-07-17
NEAR RIOT IN
MAYORS COURT
Lie Is Passed by Two Wit
neSses.
EYES GLARE AND FISTS CLINCH
Policeman Claims Political
Plot.
Detective Stlllwcll Declares He Gave
Liquor TO a Local Pollceman---Nrs.
Casper BattcnstcIn Released by the
Court.


court of Mayor Scherff, Friday after
noon, the Law and order league
| forces again failed in IN attempt to
| secure u conviction on the evidence
| furnished by its special detectives
and US. Caspar Battenstein was ac-
quilted of the charge OF selling three
| bottles of beer to Wilbert Il. Stillwel
and James p. Bennett.
| The court room was packed through.
out and the interest continued una
| bated until the verdict of the mayor
was announced, whereupon wet
| sympathizers gave vent to their feel
| ings in no uncertain manner. Both
| 'wets' and "drys' were well repre-
sented in the court. Each side sough
to show its feelings on various occa-
sions and only was quiet secured
when the mayor threatened to clear
| the room.
Wilbert IL. StillwelT and his assist
| ant detective, James p. Bennett, were
once more the principal witnesses for
the state. They stated that on July
8, at IL a. M, they purchased three
bottles Of beer from Mrs Caspar Bat
tenstein at the residence or her SON
in-law, Miles Anderson, on North
Main street. A bottle of beer, la
beled with the time and date of the
purchase, was introduced as evidence.
Unlike the trial of the day before.
Bennett and Stlllwell failed 10 contra
dict themselves TO such an extent
that their testimony was thoroughly
contradicted by that offered by the de-
fense.
Mrs. Battenstein testified that she
had been called to her daughters
home about 1890 o'clock. The
daughter was very III and she had
gone there prepared to stay and nurse
her. She arrived there about IL
o'clock and Immediately began ad-
ministering to her daughter. Miles
Anderson, the son-in-law testified
that he and not Mrs. Battenstein had
sold the liquor to Stillwell. Other wit
nesses corroborated this story. Miles
Anderson has already pleaded gull
ty to the offense and has been fined.
In rendering his opinion the may
or stated that the testimony of the
defense led him to believe that Il was
entirely unlikely that Mrs. Battenstein
would arrive at her daughters home
for the purpose of taking care of her
and then as soon. as she arrived COM
mence selling beer. The court said
he took into consideration all phases
of the case and that the prosecution
had failed to show by a preponder-
ance of the evidence the guilt of the
accused.
The attorneys for the defense,
Fred w. Warner and L. Il. Myers,
gave Stillwell and Bennett even a
more severe grilling than they had to
the day before. StillwelPs
past life was laid bare to the court.
The attorneys by this means expected
to show the amopnt of the crederce
that should be given to testimony Civ
en- by the prosecuting witness.
The most exciting moment of the
trial came shortly after Stiliwell told
The court that he had given several
drinks of whisky to Jack McDon-
,ugh, a local policeman. McDonough
was given an opportunity to go on |
he stand and deny the assertion OF |
he witness, which he did in no un- |
certain terms. claiming that Stillwell |
vas lying at some ones request to af- |
ect his (McDonough's) candidacy for |
he mayorality nomination. When |
eaving the stand McDonough's wrath |
became too great for him to control |
md he commenced a denuncation |
# Stillwell and aired his contempt for |
lin. With clenched fist, McDonough |
moved toward the prosecution wit
ess, who sat shaking as with the ague
Is is his custom in court. Stillwell |
umped to his feet as McDonoug< |
rave him the lie and declared:
II have never allowed any man to
all me that"
"Well. l call 1t to you, thousand
ines cried McDonough, "and II |
his court will give me permission ]
Will thrash you right now, you con-
emptlble pup. You are a liar and II |
ever have the opportunity / will |
make you eat tho lie you told this
,ourt."
Pandemonium reigned. The court /
apped for order and officers stepped |
n, putting Stillwell In to his chair
md inducing McDonough to leave the
DOM. There were cries Of "IIit him
ack." go to him, were with you,'
nd many similar ones. That some
ne did not start riot is today re-
iarded as rather miraculous. Had
he crowd. stirred to the boiling point
s 1t was, had leader TO start some-
hing, there is no telling what might
ave happened. But fortunately, |
ooler heads prevailed and order was
uickly restored, the trial being re-
umed. The occurrence is the most
nusual that is on record In the court
Z the mayor.
After the adjournment for supper
he arguments commenced and lasted
ntil 1880 o'clock when the may
RS decision was given.
Attorneys Eymon and Thompson
nd Elmer i. Boyd represented the
rosecution.