The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-04-27
DEFENSE HAS INNING
Many Character Witnesses
Help Curry's Case.
Defense Likely to Conclude Case To-
night May 60 to the Jury by
Wednesday Evening.

10 JnC MlIIOIl-hlleE over week VI
consistent pounding, counsel for the
State announced that It had conclud-
ed its evidence, at las o'clock Mon
day afternoon. Eighteen witnesses
were used in developing the case for
the prosecution. Twenty nine had |
been subpoenaed.
The last witness used by the state !
was George W. Dwyer, city engineer,
of Marion. He testified as to the To-
cation of the Jackson corn field rela,
tive to the Erie railroad right-of-
way and the corporation limits of
Marion. He stated that the Erie
railroad is 900 feet distant from the
north side of the Jackson corn field.
He declared that the corn field is To-
Gated outside Of the corporation lines.
BY the last bit of evidence the
state will show that Curry was work.
ing outside of the city of Marion. It
is expected that the defense will
prove that Curry had a legal COM
mission as an officer of the law,
granted him by Mayor Louis Scherff
The commission would be invalid out
side of the city and the state
through the testimony VIII attempt to
show that Curry was not an officer
when he shot and killed Jackson.
Immediately at the conclusion of
the states evidence, Attorney Girls
singer of Marion presented motion,
demanding that the state be compell-
cd to elect which of the two wounds
killed Jackson. Five minutes were
consumed in arguing the motion az
the conclusion of which Judge Babst
overruled It.
first witness used by the defense. He
testified as to the location of the corn
shocks relative to the positions OF
Jackson and Curry. Under Cross
examination of Prosecutor Charles
Justice, Owen stated that 1t was
quite dark when he visited the corn
field on the evening of the murder
and declared that he received his
information through Frank McDon-
aid and Mrs. J. W. G. Jackson.
James A. Mcdonald, an Erie rail-
roader testified that he saw Jackson
strike the warrant from detective
Curry's hands that he saw the
shooting and that the men were six
teen feet apart. He disclosed no new
evidence and the state passed the
witness without cross examination.
Claiming that Jackson had the corn
In mid cd hn1 "A
in striking attitude, Leo B. Lew
Iproved one Of the defense's strongest
witnesses. His story was favorable
in many respects to the prisoner He
said that Jackson tore up a paper
which Curry held in his hand and
fifteen feet apart when the shooting
occurred.
! Under cross examination, Lew
denied that he testified before the
coroner to the effect that Mrs. jack
son drew back as though she had
been threatened when kneeling over
the body of her husband. The state
attempted to show through the wit
mess that Curry had threatened Mrs.
Jackson's life after kHling her hus-
band.
Andrew j. Sickle, was placed on
the stand at 3 o'clock by the defense
His testimony was similar in many
respects to that offered by previous
witnesses. About the only unusual
feature of his testimony was the as
lsertion that Curry told him to &c
over and help Jackson, that he had
to shoot him. Sickle claimed that
Curry said this when returning from
the corn field.
The state passed the witness with
out cross examination.
COFFEE ON STAND.
The defense found in John Coffee
Ian exceptionally good witness. Coffee
stated that Jackson had the corn
,cutter raised above his head and was
coming at Curry when shot 81
could tell 1t was a corn knife by the
Iway 1t glistened in the sunlight" de-
clared the witness.
The witness stated that when he
met Curry after the shooting that
Curry told him to go to a telephone
land call an ambulance,
Attorney George Scoheld conducted
the cross examination of Coffee. The
state showed some few complications
between the present testimony and
J that given before the coroner II
! also showed how ridiculous was the
Testimony of Coffee in asserting that
he stood on the railroad tracks sew.
eral hundred yards away and recog,
Inized that 1t was a corn cutter that
jackson picked up and that 1t was a
revolver that Curry held in his hand
All of the other railroad witnesses