The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-02-25

and partner OF the accused, Mr.. De
Golley broke down and could not ans
wer the question as to the sons
present location and condition.
1t was then explained to the court
that young Mr.. DE Golley is in Mans
field, lying at the point of death and
therefore unable to appear in court
and assist his father at this all-im-
portant time, or to testify concern-
ing the practice of the firm about
which he knew q great deal.
When Mr.. De Golley regained his
composure the direct examination
was continued. Mr.. De Golley said he
had practiced law since 1876 and had
liven here for the past ten years
The success of Mr.. DE Golley ct
the preceding sessions in which seven
of the twelve charges against him
was dismissed without even asking
the defendent to testify in his own
behalf, is gratifying to Mr. De Col
ley and his friends.
Most important among the things
developed by the defense during the
session of the DeGolley hearing,
Thursday afternoon was the admis-
sion by the clerk OF courts, william
w. Klinefelter that he and attorney
John II. Clark had issued subp6enas
to Mrs. Minnie Fetter and other cli-
ents of John ID. DeGolley, COM
manding them to appear and give
their testimony
Attorney Berry. of Mt. Gilead. of
counsel for DeGolley, wanted to go
deeply. into this matter for the pur-
pose of showing the anmosity of
Klinefelter for DeGolley, but the
court ruled that II was not material
to the case at issue whether or not.
the clerk had exceeded the author
ity of his office and issued subpoenas
to get testimony against the defend
ant.
Klinefelter said that DcGolley had
approached him after the first con-
ference and said that he (Klinefelt-
er) was dishonest. Klinefelter said
that he refused to file petitions
brought in by DeGolley, where pov.
erty aflidavits accompanied them and
DeGolley threatened to mandamus
him.
Attorney Barry succeeded In get
ting Klinefelter to admit that he had
had trouble with DeGolley within a
year after he had entered office.
what right did you and Prose-
cutting Attorney CLARK have to issue
subpoenas for Minnie Fetter and 9TH
ers, commanding them to come into
your office and testify demanded At
torney Barry.
1--WE wanted to know what was GO
ing on" was Klinefelter's reply
What court was there in session
before whom you subpoenaed these
witnesses to- testify?"
There was no judge present. Clark
and myself questioned the witnesses"
.'Then," asked the attorney, "you
and Mr.. Clark were bringing wit
nesses to testify against DeGolley
without any authority whatever, and
you did not have them testify before
| any court or authorized commission
or committee?"
We'll, stammered the Witness" we
wanted to learn whnt was going on"
At this point, Attorney Barry pro-
oeeded to show. that Klinefeltcr was
using his office and exceeding his au-
thority to vent personal spite against
the attorney, but the court made It
easier for the witness by declaring
that whatever the motive of Kline
felter 1t had no direct bearing on the
case.
One thing became apparent soon
after the opening of the case, the
court desires to hurry along the tria,
and not allow counsel to get on any
matter that is in any way foreign
to the case at issue.
Mrs Hattie Williams was the nexi
witness called. She testified that when
her daughter gave birth to child
she employed Attorney DeGolley to
prosecute Cleston Johnson, of LaRue
When Johnson was bound over i'm
Squire Thompson's court the witness
said, Attorney DeGolIey told her that
Prosecuting Attorney Clark was
Johnson's attorney and n fair trial
could not be secured unless n special
prosecutor was employed at cost OF
$35. The witness said she paid this
money to DeGolley and received re-
ceipt, which was introduced in evil
dence. Witness next said that she
was called TO his Office by DeGolley,
and told that Hon. Boston G.. Young,
then judge of the common pleas
court, was close friend of the
Johnsons and he could not secure
justice without having another judge
appointed. DeGolley said he could
get Judge Babst to sit in the case for
$40. The witness gave him the
money. Witness said she told the at.
torney she could not read the receipts
but he assured her that the money
was for the purpose that she had Civ
en- ii, and that the receipt so stated
1t.
Maude Adams, daughter of the
preceding witness, was called to the
stand and her testimony corroborated
that of her mother.
Evening Session.
Carrying out their purpose to eX-
pedite the DeGolley hearing. the court
ordered a session last evening. At
the close 1t was admitted that little
evidence of dangerous nature was
introduced against the defendant.
Clerk Klinefelter and Attorney John
ii. Clark, who was at that time pros
scutor of the county, came in for ati-
other inning that was not to their
likeing. Attorney Neck brought out
the fact again from Klinefelter that
prosecutor Clark has. issued precipes
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