The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-04-29


the shooting, in securing an ambu-
lame, 'phoning the police, instructing |
the railroaders to hurry and help the
victim.
Carey declared that only one wit
ness testified that Curry said Fwatch
the FUN" before going to the corn
field. He said that some OF the rail-
road witnesses were even so observ-
ant as to see Curry pull his hat down
over his eyes, button his coat and
place his hand on his pistol pocket.
Attorney Carey declared that the
states witnesses discredited them
selves I'm the eye of the court by
making such outlandish statements.
In concluding his remarks, Judge
Carey attacked the testimony OF
Frank Mcdonald, the chief witness
for the state. He scored Prosecutor
Justice for his action in purchasing
new clothing for his witness, of his
methods in Transforming his star
witness from a tramp to a respect
able gentleman. Carey concluded
his argument at 2:4O o'clock.
CRISSINGHR'S PLEA.
with his usual earnest manner, At
torney d. Il. Crissinger addressed
the jury He spoke of the sentiment
stirred up against the defendant by
newspaper agitation at Marion. He
declared that the jury must wonder
what kind of people we have in Ma
rion county, when they should be-
come enraged at such a flimsy case
as has been presented here.
Crissinger stated that there seems
10 be something providential about
the case. "There. has not been a
moment since the opening of this
trial that there has mot been a
something that has seemed to guide
| this jury" declared the attorney
Crissinger related to the jury an ex-
perience when an innocent young
man from Marion was sentenced to
the penitentlary. ~ hope that none
OF this jury will ever suffer the ex-
perience of sentencing a man to the
penitentiary when there is reasonable
doubt as to his crime" He declared
that even the counsel for the state
doubts the guilt of Hamilton II.
Curry.
Continuing the attorney referred
to the testimony of Mrs. Jackson.
He declared that 1t was not worthy
of being believed. The attorney
branded the story as false. lie de-
clared that had not the prosecution
| A.
it would have placed Louis Schern
on the stand after Curry had testi
fed that he was commissioned by
the mayor.
Crissinger reclted the assumption
OF what would have become of Curry
had the railroaders not seen the in
cident. He declared 1t an act o
Providence that the rallroaders stood
on the Erie right-of-way and wit
messed the tragedy. f'What woul(
Hamilton r. Curry's life have beer
worth II q jury were to listen onl!
to the story OF Frank Mcdonald, th'
tramp, and chief of the yeggmen's so
cety whom the state used as III
principal witness?" asked the attor
ney.
Crlssinger stated that he believed
that Curry never moved towards
Jackson after the latter had picked
up the knife and declared that thu
authentic witness testified TO tina
effect. Continuing, the attorney ar
gued that the testimony OF thu
Jacksons was unfair because o
their bitterness; that Curry killed
purely in self-defense; that the trag
edy was purely case of kill or ge
killed; that the duties of Curry a
an officer were sacred. 1--WE nee'
more courageous officers, the kin'
that will not turn back at the leas
provocatlon," declared the counse
for the defense.
Attorney Crissinger was attentive
ly heard by the audience that crowd
ed the court room. The plea, whicl
consumed nearly two hours, was ap
parently in no way tiresome to tn
Jury and seemed to have had the de
sired effect.
AT the conclusion of Attorney Girls
singers address, court adjourned un
III $3.50 o'clock Thursday morning
The arguments by Attorney Joh
, Bagan, Fired Il. CUTLERY and Prose
cutor Charles L. Justice are yet t
be heard.
The case will go to the jury abou
8 O'Clock Thursday afternoon.
Upper Sandusly, April 24--(SpeC
iaD-The last day OF the Curry mul
der trial opened with roll call
jurors by Clerk G, d. Hare at S;S
O'Clock, Thursday morning Fred ]