The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-12-20

| letter. The men who were selected
Monday as possible jurors were a
trfle late in reporting for duty and it
was a few minutes past nine o'clock
when the court resumed operations.
| Tn pannel had been filled before
| adjournment was taken Monday af-
ternoon, but neither the prosecution
nor the defense had exercised any
of the peremptory challenges, of
which the state was entitled to four
| and the defense to sixteen. Tuesday
| morning the state exercised but two
and the defense but one peremptory
challenges and with but one man
remaining from the special venire Of
thirty six men. only one remained
when the jury was accepted by both
sides.
The jury which will sit in the trial
band pass upon the guilt or innocence
of Harry Houck is composed Of: S.
ID. Myers. David Frank, David Rex
roth, Milton Swisher, John Ransom,
O. j. Hord, Robert Fox Henry Gibbs
j. w. Wingerd, l.. NJ. Thompson,
Christopher Keller and Phillip Linn.
The jury was sworn at ten o'clock
and after the attorneys had made
their statements of the case to be
tried, the jury was excused until 1890
o'clock at which hour it was ordered
taken to the scene of the tragedy in
the Erie yards, west of the city.
Immediately after dinner, the jury
was taken to the scene of the tragedy
in a large sample wagon. At 1:45
O'Clock, the jurymen. thoroughly chill
ed were again in the jury box and
the real trial was ready to begin. The
witnesses for the prosecution were
sworn and an order of the court eX-
cluding all witnesses from the court
during the taking of testimony was
made at the request of counsel for
the state. The wife of the accused
was the only witness allowed to re-
main in the court room.
The audience part of the court
room was quite well filled when DIR.
n. j. Lower, the first witness, was
called at 2:05 O'Clock.
DR. Lower brought with him all OF
the clothing worn by Jerome Hos
letter at the time he was brought Ia
his hospital following the shooting
Dr. Lower testified to Hostetter hav.
ing been brought to his hospital on
the night of August rs, 1910, of his
having a bullet wound in the left
side below the heart. on the follow
ing morning a discoloration was no.
ticed over the right hfp and an in
cision laid bare the bullet which was
removed. The bullet was delivered
to Prosecutor Chas. L. Justice and
will probably be later introduced as
evidence. DIR. Lower told of the post
mortem examination being held and
described the course taken by the
bullet, which caused the death OF
Hostetter. DR.. Lower recited the
statements made to him by Hostel
ter Just after he was brought to the
hospital; how Hostetter had said he
was shot to pieces and asked that his
wife and children be notified as he
wanted to see them before he died
The witness told OF Hostetter having
recited to him that he was shot by
some man who was in car in the
Erie yards, his assailant protruded
his arm from a window in the car
and shot him while he, Hostetter had
another man covered on the rear
platform OF the car.
The clothing was identified by the
witness and introduced as evidence
DR.. Lower gave the time of death
as about o'clock on the following
evening. DR.. Lower was not cross
examined and was excused.
Roy Honhnes was the next witness
called. Hoffhines is the young man
who was held up on Silver street just
prior to the shooting Of Hostetter
Honhnes identified Houck as the
man who had helped to hold him up
on the night Of August IS. He was
very positive I'm his identification OF
Houck, saying he was the man who
held the gun while his companitS
went through his, Hoffhines', pock-
cts and relieved him Of his money
Hoffhines told of Hostetter and Fish
er coming out there 20 search for thu
hold-up men and of the two officers
and he going through the yards and
searching the cars in the yards. Hoff
hines described the shooting or Hos
tetter Just as It was described at
the time of the shooting. The witness
related what occurred up until the
time Hostetter was placed in the am
bulance to be taken TO the hospital
Hoffhines stated that he next saw
Houck i'm the county jail, at which
time Houck walked past two police
men and another man and stood be-
fore him asking whether he was one
of the fellows who held him up
Hohhines stated positively that
Houck was the man who held him
up.
Just as the Mirror was going 10
press Hoffhines was turned over to
Attorney w. p. Moloney for cross
axamfnation