Los Angeles herald., 1909-07-14
DEFENSE BEGUN
FOR MITCHELL
CORONER MAY BE CALLED TO
CLEAR UP EVIDENCE,
MOTHER OF MAN ACCUSED OF
MURDER ON THE STAND
Story of Ethel MitoheIl's Downfall
Told Again in Court by Woman
Who Held Her in Arms
as Baby

After an opening statement, filled
with pathetic detail of the circum-
stances leading up TO the killing Oh
Cecil Thayer last New Years night
was made to the jury by Attorney
Earl Rogers yesterday, the defense IN
the trial of William G. Mitchell, charged
with murder began the introduction
Of its testimony. Three witnesses. the
two deputy district attorneys conduct
ing the prosecution and the mother OF
the young defendant were the only
persons called to tho stand.
. Mrs Mitchell, who was in the witness
chair the greater portion of the day,
reneated the story she had told during
the first trial, reciting In detail the
wayward acts of her daughter Ethel;
her efforts to make the girl reall2e
what the future held in store for her II
she persisted in the course she mao
adopted; the baneful influence or
Thayer, and her final appeals TO the
Juvenile court and later to her son TO
take some action that might bring 10
an end the Illicit association.
ONLY one other witness was calleo
bv the prosecution before closing It's
case Yesterday. This was j. r. House
fielder, 1928 Fourth street, VINO tesu-
fed with reference to what occurred
few minutes after Thayer was Killed.
Opening Statement to Jury
Attorney Rogers began his opening
statement to the jury as Deputy DIS
trict Attorney North announced the
closing of the prosecutions case. lie
spoke of Mitchel's early life on
desert ranch in Arizona, his great love
for Younger brother, a love that was
transferred to his sister Ethel when
the Younger child died. and his GRIEF
when he received a letter from ms
mother telling him that something Is
wrong: | need your help.
I'VE will tell you, through Wit
nesses" said the attorney, now the
gfief-strieken mother wrote to her son
and asked him to come home and he
came. How this mother protested
against her daughter going out with
Cecil Thayer. and how the son. IN ms
efforts to keep his sister from the man
who had ruined her, locked her IN
room and stood guard outside the WIN
dow How she was taken 10 the JuNeH-
lie court. ordered to the Door or Hope
and was induced by Thayer to leave
that place.
ave shall claim that these things
nreved upon Mitchells mind; that he
went breakfastless to work, and When
the noon hour arrived. threw ms am
ner away because of his mental as
tress brought on by his sister CON
duct. Finally he became irresponsible
and insane. and did not know the dlt-
ference between right and wrong with
reference to this matter and IN MS
condition he shot and killed this man.
Tattoo Marks Mentioned
The attorney referred to the tattoo
ing on Thayer's body, which he de-
scribed as lascivious, but was inter-
rupted by Deputy c. Ray Horton, VINO
protested against the assumption that
this evidence would be received by the
court. ~,
II viii show that the prosecution did
not cali Or. George w, Campbell. the
autopsy physician, and Coroner Hart
we'll. fearing their testimony regarding
these tattoo marks would influence the
Jury in MitchelPs favor responded
the attorney, when Judge Willis stated
he would not permit any further state
ments to be made to the jury along
this line.
Following out his determination At
torney Rogers called Deputy Horton as
the first witness for the defense. but
the deputy was prevented from testl-
fyinF by the sustained objections OF
Mr. North. The latter was then called
TO the stand, and insisted upon giving
his reasons for not calling the autopsy
physician and the coroner.
II knew If l called them, he SAID
that YOU would use their testimony to
prejudice the minds of the jurors
against the deceased
Unusual Tactics Followed
II is said the present case is the
FIRST in the criminal history of the
county where tire testimony covering
the inquest on the body of a murdered
person has been excluded by the prose
cution in a trial An effort VIII be
made by Mitchelrs attorneys today to
secure this testimony from Coroner
Hartwell, who will be called as the first
witness of the day.
1t was stated by Attorney Rogers
vesterdav that he had been the recipi-
emit of several anonymous letters, in
which the writer bitterly attacked him
and those associated with him in
Mitchell's defense. An investigation
was begun to discover, if possible, the
author of the letters, who is believed
to be a court room habitue in attend
ance at the trial since its commence
ment.