The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1911-04-18
!. TO NEWARK
Members Of Jury In The
Bolton Murder Case Go
Friday Morning To Visit The
Various Scenes
In Connection with The
EtheringiOn LyRChing
The Case Started TO The
Jury On Thursday
Court AdjOurnS Until Monday
Morning At 9 O'clock


Bolton, charged with murder in the
first degree, was resumed in the court
of common pleas Friday morning,
Judge Wickham announced that the
jury would be taken to the scene of
of the lynching of Carl Etheripgton in
Newark. The court stated that Prose
cutting Attorney Smythe for the state
and Mr.. James r. Fitzgibbon for the
defense would. accompany the jury
and that the men would be in charge
of Sheriff p. ]. Parker and Court Bail
if Purcell. The defendant, Lewis Boil
ton, asked permission to accompany
the jury to Newark and the same was
granted by the court.
Later on Bolton decided not to go
to Newark with the jury, waving his
legal right in that particular.
| Judge Wickham stated to the men,
bers of the jury Friday morning that
upon their return from Newark they
would not be allowed to separate. The
| COuIJ IlISJ ulIcClSu IudL thO hhSihpOlo
of the jury might separate and go to
their homes over Saturda.- and Sun
day, but on Friday morning the court
stated he had changed his mind and
that the members of the jury must
keep together over Saturday and Sun
day and would be taken in charge of
| h,, Count noiIiff DuroaII
Judge Wiekham ordered Court
Bailiff Purcell to adjourn court until
Monday morning at nine o'clock at
which time the taking of evidence in
the case will be commenced
{, The members Of the jury In COM
pany with the court officials, left at
1880 Friday morning over the B. G.
o. for Newark to visit the scenes in
connection with the lynching.
| THURSDAY AFTERNOON
The idea of securing a special train
to take the jury in the Lewis Bolton
murder trial to Newark Thursday af-
ternoon was given up about three
o'clock and the trial was resumed.
Prosecutor Phil b. Smythe of Lick
ing county presented the states case
to the jury. He said that the state
does not claim and has no evidence
to show that Lewis ]. Bolton person
ally helped to lynch Detective Ether
ington or to break into the Jail from
which the Anti-Saloon league detec-
tive was taken before he was hanged
The claim of the state Is that Defend
ant Bolton Was an alder and abettor
in the lynching, that the alleged crime
was talked of in the defendants
saloon the afternoon prior to the
lynching on last July 8, and that the
neucleus of the mob that lynched the
detective was formed in the Bolton
saloon.
From the statement of the prose
cutor, the state undoubtedly expects
to prove that Joe Bush, an employee
OF Defendant Bolton in the business
of a carrier, was called from his place
of employment to the Bolton saloon
to aid in preparations going on toform
q riot, The prosecutor stated that
they win be able to show that, ant
, also to prove that after Bush left hi:
taXicab he became prominently inter
ested with the rioters in an attemp
to stop patrol wagon and squad wht
were conveying wounded Etheringtor
to his temporary refuge in the Lick
, ing county Jail. The state will also at
, tempt to prove that Bush was one o
, the men who placed Montella Watha
the Malay, in position to make {
: speech. Mr. Smythe called attention
to the fact that Watha had been con
, victed. This statement was chal
lenged by Judge j. b. Waight of de
| PENDANTS counsel and was withdraw
[ by the state.
. The defenses case was presented
. by Mr.. James r. Fitzgibbon of New
: ark. who challenged the states proc
: that Defendant Bolton was in any wis
!, connected with the lynching or tina
4 he had any knowledge that plans wer
= being made by anyone to lynch tn
2 detective. The defense does not den
3 that lynching occurred, but doe
D claim that Lewis ]. Bolton had an
connection with the affair Whatsoever