The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-04-28

to Center street where | was waiting
for a car when Mr. J W. Ulsh came
along and took me up town in his
buggy"
That was the story that Hamilton
r. Curry told the Jury The court
room was silent during the entire
examination. The above tale was
interrupted numerous times by ques-
tions from Attorney Fred e. CUTLERY
The jury listened attentively to Cur
ry and his story seemed to have
considerable effect
Under further questioning of the
defense, Curry denied emphatically
that he ever gave any of the Jacksons
permission to pick up coal along the
tracks. He denied that he was
nervous on the day just previous to
visiting the corn field lie declared
| that he placed his hands on his hip
pockets when he left the railroads
holding his revolver i'm his pocket
when crossing the SIDE ditch He
denied that he told Mrs Jackson to
leave the - lay there after he
had shot Mr.. Jackson. He denied
having told any OF the railroaders
that he was going to make an arrest
and "to watch the fun
lie said that after he arrived at his
brothers house after the shooting. he
sat down and drank a cup of coffee
! to quiet his nerves He denied
practically every allegation made by
Mrs Jackson in her testimony and
emphatically declared to the jury that
he would not have shot Jackson had
he not felt that he was i'm great dan
ger at the time
George b. Scoheld conducted the
cross examination of the witness.
There were many exciting moments
during this part of the trial Mr..
Scofeld asked Curry wat had be-
come of the warrant which he alleged
] Jackson had torn in two. The re-
ply was, that he did not know. Mr.
Curry was induced to state that he
did not see the warrant after It was
! torn from his hands but admitted
that he picked II up off the ground
and placed II carefully in his inside
coat pocket Curry also acknowledged
that he did not know what became
of the corn cutter after he had car
ried it to the Office of justice of the
| peace, Charles Gompf
The principal point dwelt upon
by the state was the allegation of
the defendant that he picked up the
corn cutter solely for the purpose
tof keeping Mrs. Jackson and Nc
Donald from doing him bodily in
jury. The state showed that Curry
placed his pistol i'm his pocket after
he ran several hundred feet from the
spot of the killing and emphatically
brought out the feature that Curry
carried the corn cutter and held Il in
his hands until he turned It over
to his attorneys at the Justices OF
flee. Upon this particular point the
state expects to convict the defend
ant of murder
Under the fire of Attorney SEQ
field, Curry stated that Mrs. Jackson
did not beg of him to stop and help
after he had shot Jackson
why did you not return WIN
the switchmen and help dispose Of
the injured man; you were not afraid
then?' queried Scoheld
mo, but ! thought that could
run on across and secure switch
engine in order to save time" re-
piled the witness. Curry acknowledge
ed that the last time he saw McDOn-
aid that he was standing about forty
feet distant from him.
Curry claimed that he was an Of
dcer by virtue of the fact that he
was commissioned by Mayor Louis
Scherff and the board of public safe
ty Of Marion. He declared that he
was not conscious or the fact that
Jackson was deaf in one ear and
blind in one eye. He stated that he
believed that Jackson would weigh
about 1876 pounds.
Curry stated that Jackson did not
say word when he jerked from his
coat in the corn field and declared
that he did say but iiitle during the
entire course of the alleged resis-
tance.
Under cross examination Curry
stated that he never gave anyone
permission to pick up coal along the
Erie right of way Didn't you give
Mrs. Willis Cochranton of Kenton
avenue, permission to p.cK up coal?p
querled the state. mo sir, did not"
emphatically replied Curry. The
court objected to this evidence be-
ing used
In the estimation of practically
everyone present, Curry made an
excellent witness for himself. He
seemed to think his answers over
carefully before Replying and was
not much ratified at any time of the
proceeding, 1t is believed that the
counsel for the defense has depended
largely upon Curry to clear himself
It is very doubtful if the argu-